KSA aims to remove ombudsperson clause from bylaws

Button: Ombudsperson should exist, but not as detailed as in current bylaws.

The Kwantlen Student Association is attempting to remove the ombudsperson clause from their bylaws.

An ombudsperson is a third party who resolves disputes, typically legal in nature, between other parties without bias. They’re also expected to make sure that organizations operate lawfully. In the hypothetical case of Kwantlen Polytechnic University, they would take complaints of maladministration, and make sure that both the university and the student association would operate within the public interest.

“So, let me just start by saying that the ombudsperson is a position that I think should exist,” says Steven Button, vice-president of student services for the KSA. “Many of my colleagues believe this position should exist. However, an ombudsperson needs to be a joint venture between the association–the KSA–and the university.”

The bylaw changes were recommended unanimously by the governance committee, to council. Council recommended the bylaw revisions unanimously to the annual general meeting.

“That position needs to be somebody who’s not solely hired by the KSA or the university,” says Button, further elaborating that an ombudsperson hired by only one of the two parties is counterintuitive to its purpose.

Button says that he was halfway through negotiating with the university, and that they were on board with the idea. However, cuts came, potentially as a result of budget shortfalls KPU is currently facing.

“Now the university simply does not have money to provide for that position at this time. This is really unfortunate,” says Button. “So, that particular position had to be put on hold, because in practice, there’s no way the KSA could just pay for that position itself, we can’t do it, that defeats the purpose.”

Button estimates that an ombudsperson would cost around $70,000 per year. That person would not necessarily be a lawyer, but someone with policy experience. Both sides would need to respect their opinion. The university and the KSA would also have to discuss things like office space and hiring details.

Button mentions that there are various clauses in the bylaws that aren’t realistic, even though he believes that they were well-intentioned. He cites that the ombudsperson must be appointed by the KSA, and that it answers to the KSA and has to give reports. “When the bylaws were written, they were done before any negotiations with the university took place,” says Button.

Button believes that the position as it’s written in the bylaws is unrealistic, and doesn’t make sense. “It requires that the KSA board hires the ombudsperson,” he says. “It requires that the ombudsperson answers to the KSA board, and has to give reports to the board. These are things which would simply be unacceptable in any kind of negotiation in an agreement that we would have with the university.”

“Good governance suggests that you shouldn’t introduce rules that you cannot uphold,” he says.

“We’re going to continue to push for an ombudsperson with the university, but it won’t be the one detailed in the bylaws, nor should it be.”

Button hopes that the incoming KSA council will continue to push for an ombudsperson, while being realistic of the financial constraints of the university.