Cr Fittock apologises. Local government complaints

Fremantle Council Minutes re Fittock's apology (23rd Sept o9)

Cr Robert Fittock requested the opportunity to make a statement to the Council and Members of the Public in which the Mayor accepted and the statement was as follows.

I wish to offer my sincere and unconditional apology to Sonya Green for the offensive comments made by me in an internal email to fellow Councillors. I tried, through an intermediary, to contact Ms Green to apologise in person but she declined to speak with me.

She has, however, recorded on her blog that she is deeply offended and would not accept any apology from me.

I accept that I’m not the most subtle kid on the block. From time to time I am given to impulsive comments and I know that must change. I also accept that with contentious community issues the one who raises his head above the crowd makes himself the target for those who disagree.

Personal blog attacks are new to me and who really knows if they are meant to be real, truthful, or even an attempt at humour. I struggled to genuinely deal with this.

My misguided and regrettable attempt at humour was partly an expression of my frustration in response to such blogging. However, that does not excuse the hurt and embarrassment that it has brought upon not only to the blogger in question, but also to my fellow Councillors, Council, the community and in particular, to my wife, my children,family and friends. For which I am truly sorry.

Note: Cr Robert Fittock requested that a copy of this statement be tabled in the Minutes and form part of the attachments. He also issued copies to the press.

PUBLIC QUESTION
Cr John Dowson - Through the Mayor, Cr Dowson ask two question for a response from Mr Glen Dougall, as follows: The first question is in relation to complaints against Councillors from other Councillors or from the Public. When Mrs Green complained about the e-mail that Councillor Fittock address at the beginning of the meeting, she was given advice by you and two other Councillors that complaints should go to the CEO. I would like Mr Dougall to clarify the process for complaints?

Summary of Response from Glen Dougall, Director Corporate Services
In relation to the first question, if a member of the public wants to make a complaint against an Elected Member, there is two ways to do that. One is through the City of Fremantle Code of Conduct which requires that to be done through myself as the complaints officer and will then be passed onto an assessment panel, which under the Code of Conduct are the Mayor and Deputy Mayor and Cr Thompson is a 3rd party just in case the complaint is against the Mayor or Deputy Mayor. The second way to do that is to make a complaint under the Rules of Conduct Regulations under the Local Government Act, which can also be made through myself and then passed onto the Department of Local Government.

Cr Donna Haney - Asked a question for clarification as follows: The ability of a member of public to make a complaint that's heard under the Rules of Conduct Regulations by thedepartment's panel. But I understood that because our Standing Orders are not a Local Law that that panel has no jurisdiction to hear complaints in that manner.

Summary of Response from Graeme Mackenzie, Chief Executive Officer
No the standards panel certainly does have jurisdiction. The Rules of Conduct is a piece of legislation, our Standing Orders are not a Local Law that is correct, our Code of Conduct has no force of law either it's a voluntary code, all be it that the Council's are required by law to have a Code of Conduct, there is no repercussion for a breech of the Code of Conduct other then an internal breech and perhaps a censure motion or something to that affect may occur if an Elected Member has deemed to have acted inappropriate. The Rule of Conduct are quite different, the Rules of Conduct lay down seven areas where a Councillor can breech the Rules of Conduct and if he or she does so and a complaint is made and an Elected Member has been found to be guilty of that, by the Standards Panel, they can issue a great raft of remedies from an apology right up unto a sacking.


http://sonyagreen.blogspot.com/