Casey complaints policy under review

By Jim Mynard
Four Oaks Ward councillor Rob Wilson last week lost a move to have the City of Casey complaints against councillors policy discontinued.
However, the council established a committee to review the policy.
Cr Wilson told the Tuesday, 4 July meeting that the policy as it stood was vexatious because it allowed people with vexatious intent to have a go at councillors. He said the ballot box had always been the way to deal with councillors with whom people were unhappy.
“This policy makes it too easy for any sort of complaint to be made against a councillor,” he said.
Springfield Ward councillor Michael Farley said he was also concerned about the procedure because some allegations against councillors were made from spite and the process of investigation was slow.
River Gum Ward councillor Wayne Smith said if people had a genuine complaint and it was a criminal issue then they could go to the police.
“If it is a civil issue they can go to the civil court.
“Some complaints against councillors have been made for the wrong reasons,” he said.
However, Casey mayor Kevin Bradford said the council needed a complaint mechanism.
He said if councillors did nothing wrong then they had nothing to worry about, but residents needed a venue where they could raise issues.
Cr Bradford said debate during the night had led to a comment that councillors should not sit in judgment of each other, but he believed they should.
He said the council should not be afraid to have a policy that gave direction.
Four Oaks Ward councillor Paul Richardson then asked that a review committee be formed to reconsider the policy.
Balla Balla Ward councillor Colin Butler said the council needed a policy that people could see, but the present policy needed review.
Edrington Ward councillor Brian Hetherton said the issue was about a citizen having the right to lodge a complaint and that right should be retained.
“We have a document but if it is faulty, let us look at the procedure.”
But, Cr Wilson insisted the council was spending good money on the issues.
He said residents already had four options of complaint: police action, defamation action in the civil court, the ballot box, and a complaint pathway through the Department of Local Government.
He said the last complaint made against him had led to him being denied justice.
“I don’t want any other councillor to go through such a thing as I have experienced. I have not even been allowed to see the investigator’s report about the complaint against me. This policy needs to go,” he said.
The policy was adopted on 21 June last year.
The policy states that on receipt of a complaint against a councillor the chief executive must engage an appropriately qualified independent external investigator, guided by a Law Institute recommendation.
The investigator will provide a report to the council and a committee of all councillors, except the councillor subject to the complaint, is formed to deal with the matter.