IN the last two years, code of conduct complaints against council and councillors have cost Port Macquarie-Hastings ratepayers more than $51,000 in investigation expenses.
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And it has raised the ire of some councillors who question the validity of the process and the intent of the complainants.
Cr Justin Levido, who drew the spotlight on himself at the December council meeting, said the code of conduct procedure is "an absolute disgrace".
In 2016 and 2017, there were no code of conduct complaints for Port Macquarie-Hastings Council. In 2018 there were two and in 2019, 14 complaints were lodged.
Deputy mayor Cr Lisa Intemann said if there is no way to "de-identify" information without breaching the confidentiality clause of the code, then there is also no way of putting in place corrective measures to improve behaviour; or even determine if a person, or a group of people, are simply making spurious claims against a councillor.
"These 14 complaints have cost us (council) $51,000. One of them was justified to the extent it has been referred to someone else, one was knocked out at the beginning and 12 more have been investigated and found there was nothing to them," Cr Intemann said.
"If we can't have a de-identified analysis of those complaints we will never understand if those complaints are simply vexatious. For example, a complaint is made if a councillor is accused of finger-pointing or abuse for simply raising a point of order in a meeting, when in fact points of order are allowed.
"If we don't know, or can't analyse the inside of these complaints, we will never understand whether what is said is true."
If you look objectively at the process they (ratepayers) would be shocked at what went on.
- Cr Justin Levido
Cr Levido asked general manager Craig Swift-McNair directly if he could confirm how many complaints were made against him, the results of any investigations against him as a councillor and whether there had been any breach of his duties identified. He also asked if council will inform him of the results of any complaints made against him.
Mr Swift McNair said no he could not do that because of the confidentiality clause and Cr Levido would only be informed if a breach had occurred.
"If you look objectively at the process they (ratepayers) would be shocked at what went on," Cr Levido said.
"Three months ago, I got a phone call from a gentleman telling me he was in investigator appointed by council to investigate complaints for breaching the code of conduct.
"He wouldn't tell me what the complaints were or who made them. I gathered there were five complaints and some were about the fact that I spoke in a 'lecturing manner' as I passed criticism on our state and federal members, and that I spoke disrespectfully to the mayor.
"After that, I got a five page rambling document that was a record of the matter. I corrected it and advised of what I had actually said. That was three months ago and I have heard nothing since. Nobody has come back and told me the result of that. I don't know who lodged them (the complaints) or what is going on.
"What I think is shocking and disgraceful is the process. Confidentiality is important, but seriously I'm not told who lodged the complaint? We live in an environment where anonymous people can make complaints - what can you do about it. $1000 a week is spent on this rubbish."
If the Department of Local Government tells us we can't reveal de-identified information, then we should throw our hands in the air.
- Cr Lisa Intemann
Cr Intemann and Cr Geoff Hawkins requested the general manager make a representation to the Department of Local Government to consider strengthening how the code can be formally enforced, as well as how to provide more detail about the complaint so councils can analyse issues raised and put in place corrective measures if necessary.
"I agree with Cr Levido that in the great majority of cases complaints come from the community and not councillors and that there must be something done to make this a more reasonable and lawful process," Cr Intemann said.
"If the Department of Local Government tells us we can't reveal de-identified information, then we should throw our hands in the air."
Mayor Peta Pinson also requested the general manager provide the code of conduct complaint statistics since 2016 to the Minister for Local Government.
"What has escalated this? This is a robbery of $51,000 of community money by complaints that should never occur in a council, but they have," Cr Pinson said.
"I consider that money has been taken away from important assets to our community.
"I'm horrified and our community should be too. Our Minister for Local Government should have a look at the complaints, not just in our council and what is going on, but in other councils as well."
She asked Mr Swift McNair if he believed that as a result of the investigations into these complaints "things have got better".
"Not necessarily," the GM answered.
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