Saturday, February 04 2012

News

Recommendation that chairpersons be trained

Wednesday February 03 2010

The investigators recommended to Sligo County Council to take "all reasonably practical steps for the protection of the two council employees whose complaints of bullying by the respondent were upheld.

In addition, it was stated in the recommendations that Sligo County Council would be aware from the report that certain other council employees had suffered isolated incidents of such misconduct by the respondent.

As a result, the investigators recommended that all such affected staff be protected from any further repetitive misconduct by the respondent which could result in a finding of bullying should a new complaint be made by such employee or should Sligo County Council and/or its management be prosecuted by the Health and Safety Authority for breaches of their employer's duties.

Such arrangements at the very least should include arranging rosters and duties of council staff to avoid, where possible, any direct interaction between such affected staff and the respondent.

The investigators recommended that the Cathaoirleach of Sligo Borough Council and Sligo County Council be provided with a proper standard of training to appreciate, detect and enforce the Code of Conduct for councillors, particularly against the background of the exposure of the council and its senior management to possible criminal prosecution and penalties for breaches of its employer's statutory duty of care to staff under Section 8 of the 2005 Act.

It is recommended that such training also be provided to any new elected cathaoirleach and leascathaoirleach prior to their taking up formal appointment of any council meeting. Such training should include a thorough knowledge of the workings of the provisions of the Local Government Act 2001 and the Code of Conduct for Councillors. In particular, candidates should be trained to identify areas of misconduct, including intimidation and bullying of other members and council staff.

The investigators also recommended the establishment of a Standards Board for Ireland. To promote and maintain standards of conduct for elected representatives of all local authorities and to investigate complaints.

The general duties of care imposed on councillors by the proposed Standards Board for Ireland should include:

(1) to treat other councillors, local authority employees and others with respect;

(2) not to engage in any form of unlawful discriminatory conduct; (3) not to bully any person; (4) not to engage in any other form of conduct that may place the local authority in breach of its statutory duties to its employees and in particular its health and safety obligations to its employees;

(5) to assist the Standards Board for Ireland and any enquiry/investigation established by it by attending and giving evidence before any such enquiry/investigation;

(6) not to intimidate or attempt any person who is likely to be a complainant, a witness or a person involved in the administration of any investigation or proceedings instituted by the Standards Board for Ireland;

(7) to disclose and record with the local authority any pecuniary or other beneficial interest a councillor or a connected person may have in, or material to, any matter with which the relevant local authority is concerned in the discharge of its functions, and which comes before a meeting or the local authority members.

The proposed Standards Board for Ireland should be empowered to impose any one or more of the following sanctions against a councillors found to be in breach of his general duties: censure, restriction, suspension or partial suspension, and other action such as participating in conflict resolution procedures, mediation or training provided such actions are reasonable and proportionate, having regard to the nature of the errant councillor's failure or breach and which do not unduly restrict the errant councillor's ability to perform his duties.