Background:
Recent increased scrutiny on the integrity of local governments by the Public and by Regulatory Agencies like the Crime and Corruption Commission has meant increased demand for resources to conduct investigations into complaints about the activities of Councils, councillors and council employees. Avenues for complaint by members of the public and persons aggrieved about business dealings with the local government demand transparency and independence in the investigation of those complaints.
Reinforcements has been providing quality independent investigatory services in these respects to local governments such as :
- Gladstone Regional Council
- Redland City Council
- Southern Downs Regional Council
- North Burnett Regional Council
- Balonne Shire Council
Our long experience in front line executive management of local government means that we have a close understanding of the particular context of legislation, policy and administrative systems likely to be the focus of the complaint, as well as the often complex relationships at political and managerial levels that can give rise to suspicions of defective or corrupt decision processes.
The need for an independent external investigation typically arises from a complaint about decisions or actions of individual councillors or officers, alleging breaches of integrity concerning serious misconduct or corruption. In such circumstances it is essential that the response by the local government is seen to be transparent and impartial. The use of external specialists is therefore desirable and essential to the credibility of the findings.
What we did
The need to balance the rights of the complainant(s) and those of the persons of interest with the need for diligent and thorough investigation of the circumstances is a key determinant of the success of this service.At the same time, being able to develop sufficient documentary evidence to sustain the conclusion to either dismiss or act further on the complaint is an important skill possessed by Reinforcements investigators.
In each assignment for our client Councils the Reinforcements approach is to adopt an inquiry methodology appropriate to the seriousness of the allegations. This involves maintaining due respect for the individuals involved whether as persons of interest, witnesses or complainants whilst at the same time diligently gathering information and evidence in accordance with principles of natural justice to accurately reflect the facts and circumstances as a basis for considered findings and recommendations.
This methodology entails:
- Focused documentary research and review;
- Insightful interviewing of complainants, persons of interest and witnesses;
- Analysis of legislative, policy and administrative frameworks associated with the circumstances;
- Thorough documentation of findings and recommendations;
- Reporting fit for the purpose of either publication, RTI release, referral to the CCC or for managerial recourse to disciplinary action.
- In all of this we seek consistency with the Crime and Corruption Commission’s guidelines in its publication Corruption In Focus as a benchmark for independence and objectivity.
Results
By their very nature complaint investigations are varied and unpredictable in terms of outcomes. For our client Councils mentioned above the results for differing circumstances have typically fallen into one of three categories:
- Findings that the original complaint was not substantiated and the decision or action of the Council or its officer(s) was justified and consistent with law, policy and due process;
- Findings that whilst no suspicion of misconduct or corruption was evident, there were defects or failures of Council processes that should be remedied or improved;
- Findings that there were indeed grounds to suspect misconduct or corrupt conduct and that action should be taken against the alleged offender.
In all cases our report provided documented explanation of the investigation process, specific and referenced sources of the evidence identified, articulate analysis of the facts and circumstances giving rise to the conclusions drawn and clear exposition of the findings and recommendations. This is considered essential to provide the client with a sustainable evidentiary basis for further action as required.
