SHOALHAVEN 2020: SPECIFIC COMMITMENTS

Dennis Argall

Media Release 7 July 2008

Appointing a 'Fairness Officer'

As I meet with people, I hear two main complaints. First, about the conduct of the majority in the elected council. Second, about the performance of council or the fairness of decisions.

These two intersect. Over time, it has clearly been a pattern that elected councillors intervene to support people, even in the face of contrary policy. Over time, the capacity of council staff to work sensibly has been eroded by the interference of the elected council... how to do things well if you are going to be mucked about?

This culture needs to change.

I have already proposed two corrective steps in my 100 Days document.

• First, to get the elected council to conduct itself as a governing body as is required by the Model Code of Conduct. This Code was put in place by the Department of Local Government with effect from 20 June 2008.

• Second, to establish a Common Portal, a point where all persons, including elected council, lodge requests - and which enables visible assessment and tracking of requests

I now propose a third element to balance those two and provide a capacity to secure fairness in decisions without political intervention.

• I propose the establishment of a post of Fairness Officer (with modest staff perhaps), a post funded by council but appointed independently.

– The Fairness Officer would have authority to receive complaints and assess whether they are frivolous, or require remedial action or conciliation and seek appropriate outcomes. Somewhat along the lines of s.13 of the NSW Ombudsman Act... with an absolute focus on dispute resolution but with less authority and with emphasis on getting officers with line responsibilities to secure outcomes themselves: a helper rather than a judge.

– The Fairness Officer would have rights to report directly from time to time to the General Manager and/or Elected Council (as experience dictates) on general performance of the council organisation and with recommendations where it is evident that there are difficulties in the interpretation of policy or difficulties in applying policies to evolving circumstances. However, the Fairness Officer should not as a matter of routine report any cases. The emphasis should be on enhancing decision making within the council organisation. Hence reports should focus on satisfaction/dissatisfaction and systemic and policy remedies.

– The Fairness Officer should also be able to advise complainants when in his or her opinion a matter could sensibly be referred to the Ombusdman, the Independent Commission Against Corruption, or as provided for as a complaint under the Model Code of Conduct.

– The Fairness Officer should also have capacity to make complaint to the Elected Council or the General Manager should it appear that council officers are declining themselves to seek reasonable outcomes, passing the buck to the Fairness Officer.

– The Fairness Officer should also be authorised to reject without review the investigation of any complaint deemed beyond the capacity of the office, more appropriately a matter for legal process, or vexatious. See again S.13 of the Ombudsman Act (link above).

– There needs to be a culture of practicality, simplicity, leanness, avoidance of legalism, emphasis on outcomes rather than process, securing action by line officers rather than this office — and avoidance of aggrandisement.

COSTS:

[1] There will be costs associated with the establishment of this post. However, these need to be weighed against the enormous inefficiencies and frictions at work at the present time and the prospect of improving morale and productivity in the Council at all levels.

[2] The Fairness Officer should recommend to the elected council jointly with the General Manager a schedule of fees to be lodged by persons making complaints, to discourage the frivolous and to reflect the perceived complexity and value of issues to be resolved. Such fee may be returnable where there are findings in favour of the complainant.

APPOINTMENT:

The manner and terms of appointment to be discussed with the NSW Ombudsman for advice.

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