We don't know whether the most recent response to this request contains information or not – if you are COB RESIDENT please sign in and let everyone know.

Number & cost (to ratepayers - staff time/wages & legal advice) of discrimination/ harassment claims/complaints, including sexual harassment, lodged by staff (or former staff) at the City of Bunbury

COB RESIDENT made this Freedom of Information request to City of Bunbury

This request has an unknown status. We're waiting for COB RESIDENT to read a recent response and update the status.

From: COB RESIDENT

Delivered

Dear City of Bunbury,

I am seeking information about the cost ratepayers of the City of Bunbury have incurred in relation to harassment/discrimination claims, in particular regarding the following:
1) The number of discrimination complaints (across types - ie age, race, gender, sexual harassment) lodged by employees (or former employees) against the City of Bunbury for the period 2009-2019. Please include those withdrawn, settled or still underway.
2) The total cost to the ratepayers of the City of Bunbury of the legal advice in processing those discrimination complaints for the period 2009-2019.
3) The number of non disclosure agreements that the City of Bunbury was a party to, which have been signed in the past 10 years. I am not seeking a copy only a confirmation of their existence by way of a table format for each year with a list of the case numbers.
4) The number of sexual harassment complaints lodged against the City of Bunbury in the past 5 years. Please include those withdrawn, settled or still underway.
5) A list of the total number and total percentage of how many discrimination complaints were investigated by an INTERNAL investigator (as opposed to an external investigator).
6) A list of the total number and total percentage of how many sexual harassment complaints were investigated by an INTERNAL investigator (as opposed to an external investigator).
7) Any and all documents (redacted format) that demonstrates the level of sexual harassment an employee has to endure before the City will fire the employee alleged of misconduct (this could be substantiated by redacted investigation report/s where the employee accused was fired as a result of the investigation). And, in so doing confirmation if the City has ever fired an employee for sexual harassment.
8) The amount of ratepayers money spent on legal advice for sexual harassment complaints in 2018 and 2019 respectively.
9) The amount of ratepayers money spent on staff wages in dealing with sexual harassment complaints in 2018 and 2019.
10) The amount of ratepayers money spent on wages in the format of stress leave claimed by employees of the City of Bunbury, per year, for the years 2017, 2018 and 2019 respectively.
11) Documentation that informs as to the particulars of what is standard practice at the City of Bunbury for harassment claims investigations in terms of:
a) whether audio recordings are taken of both a complainant and a respondent - i.e. redacted transcripts of several harassment complaints.
b) whether it is standard practice for the investigator to provide the complainant with the opportunity to respond to points of contention raised through the interviewing of the respondent and/or witnesses in order to supply further evidence or provide the investigator with aspects to investigate further, prior to determination of the investigation report.
c) whether the complainant is provided with a copy of the investigation report shortly after the investigation.
d) whether the complainant is usually moved position or whether the respondent is moved position.
e) the number /percentage of complainants who discontinued working at the City within 12 months of lodging a harassment complaint.
12) The number of other claims of bullying and or harassment claims by employees of the City of Bunbury, per year, for the respective years 2017, 2018 and 2019.

Yours faithfully,

SM

Link to this

From: Records Dept
City of Bunbury


Attachment image001.jpg
3K Download

Attachment image002.png
1K Download

Attachment image003.png
1K Download


We would like to thank you for contacting the City of Bunbury.

We acknowledge your email by this automated reply. Your email will be forwarded to the relevant department who in turn will contact you as soon as possible.

Please do not hesitate to phone our Customer Support team on 9792 7000 if you require any further assistance.

[COB Logo-cmyk-Pos]
4 Stephen Street, Bunbury WA 6230 – PO Box 21 Bunbury WA 6231
T: (08) 9792 7000 TTY: 133 677 F: (08)9792 7184
E: [City of Bunbury request email]<mailto:[City of Bunbury request email]> W: www.bunbury.wa.gov.au<http://www.bunbury.wa.gov.au/>
[Facebook icon]<https://www.facebook.com/bunburycity> [Twitter icon] <https://twitter.com/CityofBunbury1> .

Link to this

From: Leanne French
City of Bunbury


Attachment image001.jpg
3K Download

Attachment image002.jpg
2K Download

Attachment image003.png
1K Download

Attachment image004.png
1K Download

Attachment image005.png
1K Download

Attachment image006.jpg
5K Download

Attachment image007.jpg
23K Download

Attachment FOI Application Form.pdf
385K Download View as HTML


Good afternoon SM

 

I am responding to the email the City of Bunbury received on 15 May 2019
with the subject line: Freedom of Information request - Number & cost (to
ratepayers - staff time/wages & legal advice) of discrimination/
harassment claims/complaints, including sexual harassment, lodged by staff
(or former staff) at the City of Bunbury.

 

Pursuant to section 12 of the Western Australian  Freedom of Information
Act 1992, a valid access application has to:

 

(a)    Be in writing; and

(b)   Give enough information to enable the requested documents to be
identified; and

(c)    Give an address in Australia to which notices under this Act can be
sent; and

(d)   Given any other information or details required under the
regulations; and

(e)   Be lodged at an office of the agency with any application fee
payable under the regulations.

 

 

Unfortunately the current application does not comply with the
requirements of section 12. The City would like to help the applicant to
change the application so that it may be accepted as a valid application.
To this end, we invite the applicant to contact us via phone or email to
further discuss the email.  Should the applicant wish to change the
application without further consultation, please find attached a copy of
the City’s FOI application form which may be of assistance in meeting the
requirements. 

 

Alternatively, the applicant may request us to forward the email of
request to our Chief Executive Officer for a direct response. Please note,
in this instance the request will not be dealt with as an application for
access pursuant to the Freedom of Information Act 1992.

 

Kind regards,

 

Leanne French

FOI Coordinator

 

[1]Description: Description: Description: N:\CityLife\!Economic and Social
Development\Marketing and Communications\Corporate Style Guide\Renewal
2013\COB INDESIGN TEMPLATES July 2013\_Graphics\COB
Logo-cmyk-Pos.jpg[2]Bunbury Geographe

Leanne French

SENIOR GOVERNANCE & RISK OFFICER

4 Stephen Street, Bunbury WA 6230 – PO Box 21 Bunbury WA 6231

T: (08) 9792 7233 TTY: 133 677 F: (08)9792 7184

E: [3][email address] W: [4]www.bunbury.wa.gov.au

[5]https://68ef2f69c7787d4078ac-7864ae55ba1...
[6]https://68ef2f69c7787d4078ac-7864ae55ba1...
#LoveBunbury[8]Choose Respect

[9]Waste app banner

 

 

 

 

References

Visible links
3. mailto:[email address]
4. http://www.bunbury.wa.gov.au/
5. https://www.facebook.com/bunburycity
6. https://twitter.com/CityofBunbury1
7. https://www.instagram.com/cityofbunbury/

Link to this

From: COB RESIDENT

Delivered

Dear Leanne French,

I will be emailing you the completed FOI form tonight so it is there on 17/5/19 with credit card details for payment of $30 fee and all the info to be considered a complete lodgement as at 17/5/19.

I do not want to do a closed door email to the CEO. The point is transparency and public access to the records held by the City of Bunbury. Every resident and ratepayer has a right to know how the money is being spent. Every resident and ratepayer has a right to know about the general business of the City of Bunbury and issues of sexual harassment and other discrimination complaints and how they are "handled" and what they cost the City in time and financial resources. I would like that information available on this website and in my mailbox.

Regards

SM

Yours sincerely,

COB RESIDENT

Link to this

From: COB RESIDENT

Delivered

Dear Leanne French,

Thank you for your email on Friday 17 May 2019 wherein you advised I needed to clarify my request and relate it back to records or documents rather than phrase it as questions asking for information. As this is my first FOI, I have taken your advice on board. I have emailed you the re-phrased FOI request direct to you, however as stated previously, I want all communications to be through this website for greatest transparency. For this reason, I am posting the re-phrased request here, which is as follows:

I request access to the following documents held by the City of Bunbury:

I am seeking documents and other records about the cost ratepayers of the City of Bunbury have incurred in relation to harassment /discrimination claims (or complaints), in particular, documents containing/regarding the following:
1) The number of discrimination complaints (across types - i.e. age, race, gender, sexual harassment) lodged by employees (or former employees) against the City of Bunbury for the period 2009-2019. Please include those withdrawn, settled or still underway.
Types of document - This could be achieved by providing redacted documents for each case that only state the date (to ascertain year) and the type of discrimination. The document type could be a redacted investigation report or an internal file note or similar.

I am seeking documents and other records about the cost ratepayers of the City of Bunbury have incurred in relation to harassment /discrimination claims (or complaints), in particular, documents containing/regarding the following:
2) The total cost to the ratepayers of the City of Bunbury of the legal advice in processing those discrimination complaints for the period 2009-2019.
Types of document - This could be achieved by providing redacted copies of legal invoices for each case that only have a portion of the case reference number or ID, and the total amount for each invoice. Everything else could be redacted.

I am seeking documents and other records about the cost ratepayers of the City of Bunbury have incurred in relation to harassment /discrimination claims (or complaints), in particular, documents containing/ regarding the following:
3) The number of non disclosure agreements that the City of Bunbury was party to, which have been signed in the past 10 years (in relation to harassment or discrimination cases only). I am not seeking a copy only a confirmation of their existence.
Types of document - The signing page of the deed of release/non disclosure agreements, redacted, blocking out names and signatures, just leaving the date. OR The invoice from lawyers who prepared the non disclosure agreements highlighting the cost of the non disclosure agreement preparation and the date and the case number or ID.

I am seeking documents and other records about the cost ratepayers of the City of Bunbury have incurred in relation to harassment /discrimination claims (or complaints), in particular, documents containing/ regarding the following:
4) The number of sexual harassment complaints lodged against the City of Bunbury in the past 5 years. Please include those withdrawn, settled or still underway.
Type of documents - Investigation reports (redacted) that only show enough information to establish it is a sexual harassment complaint, the date of complaint, and a case reference number or ID to establish the number of complaints. In the case of a withdrawn sexual harassment complaint, a redacted version of the confirmation of the withdrawal of the sexual harassment complaint. In the case of a sexual harassment complaint not yet with an investigation report, a redacted internal file note or emailed complaint or similar just showing the date and that it is a sexual harassment complaint.

I am seeking documents and other records about the cost ratepayers of the City of Bunbury have incurred in relation to harassment /discrimination claims (or complaints), in particular, documents containing/ regarding the following:
5) The total number and percentage of how many discrimination complaints listed in point 1 (2009-2019) were investigated by an internal investigator (as opposed to an external investigator).
Type of documents - Investigation reports (redacted) and/or other documents that only show enough information to establish the type of harassment complaint, the date of complaint, and a case reference number or ID to establish the number of complaints and for this point, and either the position of the internal officer investigating or detail to show it was investigated by an external provider.

I am seeking documents and other records about the cost ratepayers of the City of Bunbury have incurred in relation to harassment /discrimination claims (or complaints), in particular, documents containing/ regarding the following:
6) The total number and percentage of how many sexual harassment discrimination complaints listed in point 1 (2009-2019) were investigated by an internal investigator (as opposed to an external investigator).
Type of document - Investigation reports (redacted) and/or other documents that only show enough information to establish it is a sexual harassment complaint, the date of complaint, and a case reference number or ID to establish the number of complaints and for this point, the position of the internal officer investigating or detail to show it was investigated by an external provider

I am seeking documents and other records about the cost ratepayers of the City of Bunbury have incurred in relation to harassment /discrimination claims (or complaints), in particular, documents containing/ regarding the following:
7) Any and all documents (redacted format) that demonstrates the level of sexual harassment an employee has to endure before the City will fire the employee alleged of misconduct (this could be substantiated by redacted investigation report/s where the employee accused was fired as a result of the investigation).
Type of documents - Investigation reports (redacted) that only show enough information to establish it is a sexual harassment complaint, the date of complaint, and a case reference number or ID to establish the number of complaints and the findings of the report and recommendation in terms of discipline/action to be taken.

I am seeking documents and other records about the cost ratepayers of the City of Bunbury have incurred in relation to harassment /discrimination claims (or complaints), in particular, documents containing/ regarding the following:
8) The amount of ratepayers money spent on legal advice for sexual harassment complaints in 2018 and 2019 respectively.
Type of documents - All legal services invoices (redacted) showing the amount of money spent for a sexual harassment case. Everything could be redacted except the case ref ID, and the total amount of the bill.

I am seeking documents and other records about the cost ratepayers of the City of Bunbury have incurred in relation to harassment /discrimination claims (or complaints), in particular, documents containing/ regarding the following:
9) The amount of ratepayers money spent on staff wages in dealing with sexual harassment complaints in 2018 and 2019.
Type of documents - Including but not limited to: file notes or reports on record keeping track of INTERNAL OR EXTERNAL staff time spent investigating, dealing with, keeping records of the time spent by the City on any sexual harassment case in 2018 and 2019. This would thereby include records (any invoices/reports) for private investigators (redacted) showing the total cost.

I am seeking documents and other records about the cost ratepayers of the City of Bunbury have incurred in relation to harassment /discrimination claims (or complaints), in particular, documents containing/ regarding the following:
10) The amount of ratepayers money spent on wages in the format of stress leave claimed by employees of the City of Bunbury, per year, for the years 2017, 2018 and 2019 respectively.
Type of documents - Redacted reports/file notes/payroll information, reporting to the City's insurer, or any other type of document that informs as to the amount of stress leave claimed by City employees for the years 2017, 2018 and 2019.

I am seeking documents and other records about the cost ratepayers of the City of Bunbury have incurred in relation to harassment /discrimination claims (or complaints), in particular, documents containing/ regarding the following:
11) Documentation that informs as to the particulars of what is standard practice at the City of Bunbury for harassment investigations in terms of:
a) whether audio recordings are taken of both a complainant and a respondent
b) whether it is standard practice for the investigator to provide the complainant with the opportunity to respond to points of contention raised through the interviewing of the respondent and/or witnesses in order to supply further evidence or provide the investigator with aspects to investigate further, prior to determination of the investigation report.
c) whether the complainant is provided with a copy of the investigation report shortly after the investigation.
d) whether the complainant is usually moved position or whether the respondent is moved position
e) the number/percentage of complainants who discontinued working at the City within 12 months of lodging a harassment complaint.
Type of documents - All records including redacted reports/file notes/investigation reports/outcome letters/ investigation manual for the investigating officer, letters of resignation (redacted) with dates, procedural manuals, training materials the investigator has access to or has undergone. The records should address all of the above points.

I am seeking documents and other records about the cost ratepayers of the City of Bunbury have incurred in relation to harassment /discrimination claims (or complaints), in particular, documents containing/ regarding the following:
12) The number of other claims of bullying and/or harassment claims by employees of the City of Bunbury, per year, for the respective years 2017, 2018 and 2019.
Type of document - Redacted reports/file notes, complaints, reports to the City's insurer, HR reports summarising claims, or any other type of document that informs as to the number of bullying complaints made by City employees for the years 2017, 2018 and 2019.

Yours sincerely,

COB RESIDENT

Link to this

From: COB RESIDENT

Delivered

Dear Leanne French,

Thank you for your email on Monday 20 May 2019 wherein you advised I needed to clarify my request and relate it back to records or documents rather than phrase it as questions asking for information. As this is my first FOI, I have taken your advice on board. I have emailed you the re-phrased FOI request direct to you, however as stated previously, I want all communications to be through this website for greatest transparency. For this reason, I am posting the re-phrased request here, which is as follows:

I request access to the following documents held by the City of Bunbury:

I am seeking documents and other records about the cost ratepayers of the City of Bunbury have incurred in relation to harassment /discrimination claims (or complaints), in particular, documents containing/regarding the following:

1) I request redacted access to every discrimination complaint (across types - i.e. age, race, gender, sexual harassment) lodged by employees (or former employees) against the City of Bunbury for the period 2009-2019. Please include those withdrawn, settled or still underway.

Types of document - Please provide redacted documents for each case that only state the date (to ascertain year) and the type of discrimination/ harassment. A redacted investigation report, redacted written complaint and redacted internal file note (if it exists) per discrimination/harassment complaint is requested.

I am seeking documents and other records about the cost ratepayers of the City of Bunbury have incurred in relation to harassment /discrimination claims (or complaints), in particular, documents containing/regarding the following:

2) I request access to the total cost of the legal advice in processing every those discrimination complaints for the period 2009-2019 as reported in point 1.

Types of document - Please provide redacted copies of legal invoices for each discrimination/harassment case. In terms of the level of redaction, I only require a portion of the case reference number or ID, and the total amount for each invoice. Everything else could be redacted.

I am seeking documents and other records about the cost ratepayers of the City of Bunbury have incurred in relation to harassment /discrimination claims (or complaints), in particular, documents containing/ regarding the following:

3) I request redacted access to every non disclosure agreements that the City of Bunbury was party to, which have been signed in the past 10 years (in relation to harassment or discrimination cases only). I am not seeking a full copy only a confirmation of their existence.

Types of document - I request a copy of the signing page of the deed of release/non disclosure agreements, redacted, blocking out names and signatures, just leaving the date. OR The invoice from lawyers who prepared the non disclosure agreements highlighting the cost of the non disclosure agreement preparation and the date and the case number or ID.

I am seeking documents and other records about the cost ratepayers of the City of Bunbury have incurred in relation to harassment /discrimination claims (or complaints), in particular, documents containing/ regarding the following:

4) I request redacted access to every sexual harassment complaints lodged against the City of Bunbury in the past 5 years. Please include those withdrawn, settled or still underway.

Type of documents - Please provide a copy of Investigation reports (redacted) that only show enough information to establish it is a sexual harassment complaint, the date of complaint, and a case reference number or ID to establish the number of complaints. In the case of a withdrawn sexual harassment complaint, a redacted version of the confirmation of the withdrawal of the sexual harassment complaint. In the case of a sexual harassment complaint not yet with an investigation report, a redacted internal file note or emailed complaint or similar just showing the date and that it is a sexual harassment complaint.

I am seeking documents and other records about the cost ratepayers of the City of Bunbury have incurred in relation to harassment /discrimination claims (or complaints), in particular, documents containing/ regarding the following:

5) I request access to the name and position of the investigator for every discrimination complaints against the City of Bunbury listed in point 1 (2009-2019).

Type of documents - Please provide a copy of Investigation reports (redacted) and/or other documents that only show enough information to establish the type of harassment complaint, the date of complaint, and a case reference number or ID to establish the number of complaints and for this point, and either the position of the internal officer investigating or detail to show it was investigated by an external provider.

I am seeking documents and other records about the cost ratepayers of the City of Bunbury have incurred in relation to harassment /discrimination claims (or complaints), in particular, documents containing/ regarding the following:

6) I request access to the name and position of the investigator for every sexual harassment discrimination complaints listed in point 1 (2009-2019).

Type of document - Please provide a copy of Investigation reports (redacted) and/or other documents that only show enough information to establish it is a sexual harassment complaint, the date of complaint, and a case reference number or ID to establish the number of complaints and for this point, the position of the internal officer investigating or detail to show it was investigated by an external provider.

I am seeking documents and other records about the cost ratepayers of the City of Bunbury have incurred in relation to harassment /discrimination claims (or complaints), in particular, documents containing/ regarding the following:

7) I request access to current copy of City of Bunbury's Code of Conduct and Performance Management Guidelines / Process documents, and the versions of these documents applicable as at October 2017. Included in this point I request any record on file that guides HR as to the severity of misconduct or the number of misconduct incidents that will result in dismissal.

I am seeking documents and other records about the cost ratepayers of the City of Bunbury have incurred in relation to harassment /discrimination claims (or complaints), in particular, documents containing/ regarding the following:

8) I request access to documents detailing the total cost on legal advice for every sexual harassment complaints the City of Bunbury has received in 2018 and 2019 respectively.

Type of documents - All legal services invoices (redacted) showing the amount of money spent for a sexual harassment case. Everything could be redacted except the case ref ID, and the total amount of the bill.

I am seeking documents and other records about the cost ratepayers of the City of Bunbury have incurred in relation to harassment /discrimination claims (or complaints), in particular, documents containing/ regarding the following:

9) I request access to the total cost on staff wages in dealing with every individual sexual harassment complaints the City of Bunbury has received in 2018 and 2019.

Type of documents - Including but not limited to: file notes or reports on record keeping track of INTERNAL OR EXTERNAL staff time spent investigating, dealing with, keeping records of the time spent by the City on any sexual harassment case in 2018 and 2019. This would thereby include records (any invoices/reports) for private investigators (redacted) showing the total cost of those services.

I am seeking documents and other records about the cost ratepayers of the City of Bunbury have incurred in relation to harassment /discrimination claims (or complaints), in particular, documents containing/ regarding the following:

10) I request copies of documents containing the total hours of stress leave claimed by employees of the City of Bunbury, per year, for the years 2017, 2018 and 2019 respectively.

Type of documents - Redacted reports/file notes/payroll information, reporting to the City's insurer, or any other type of document that informs as to the amount of stress leave claimed by City employees for the years 2017, 2018 and 2019.

I am seeking documents and other records about the cost ratepayers of the City of Bunbury have incurred in relation to harassment /discrimination claims (or complaints), in particular, documents containing/ regarding the following:

11) I request access to copies of the City of Bunbury's Corporate Guideline: Grievance Resolution and Corporate Guideline: Workplace Investigation Procedures - both current version, and the version as at March 2018 and all correspondence and file notes and records as to the development of the changes made to the guidelines. As part of this point, I request all transcripts, in redacted format, of all sexual harassment investigations conducted by the City of Bunbury and ask that these be supplied for both respondent and complainant showing whether the investigator or any other City officer laughed in the investigation and whether audios were recorded for both respondent and complainant in each instance for the past 5 years. I request access to documentation showing the date of the outcome of these investigations and the date of the City's cessation of employment of those complainants with the City for each sexual harassment case for the past 5 years.

Type of documents - All records including redacted reports/file notes/memos/emails/investigation reports/outcome letters/ investigation manual for the investigating officer, letters of resignation (redacted) with dates, procedural manuals, training materials. The records should address all of the above points.

I am seeking documents and other records about the cost ratepayers of the City of Bunbury have incurred in relation to harassment /discrimination claims (or complaints), in particular, documents containing/ regarding the following:

12) I request, in redacted form, access to every and any bullying and harassment claim made by employees of the City of Bunbury,for the respective years 2017, 2018 and 2019.

Type of document - Redacted reports/file notes, complaints, reports to the City's insurer, HR reports summarising claims, or any other type of document that informs as to the number of bullying complaints made by City employees for the years 2017, 2018 and 2019.

Yours sincerely,

COB RESIDENT

Link to this

From: COB RESIDENT

Delivered

Dear Leanne French,

Thank you for your email on Friday 31 May 2019 wherein you advised I needed to clarify my request and make the requests more specific and reduce my scope. As this is my first FOI, I have taken your advice on board. I have emailed you the re-phrased FOI request direct to you, however as stated previously, I want all communications to be through this website for greatest transparency. For this reason, I am posting the re-phrased request here, which is as follows:

I request access to the following documents held by the City of Bunbury:

I am seeking documents and other records about the cost ratepayers of the City of Bunbury have incurred in relation to harassment /discrimination claims (or complaints), in particular, documents containing/regarding the following:

1) I request redacted access to every discrimination and harassment complaint, including sexual harassment (across types - i.e. age, race, gender, sexual harassment) lodged by employees (or former employees) against the City of Bunbury for the period 2012-2019. Please include those withdrawn, settled or still underway.

Types of document - Please provide redacted documents for each case that only state the date (to ascertain year) and the type of discrimination/ harassment. A redacted investigation report, redacted written complaint and redacted internal file note (if it exists) per discrimination/harassment complaint is requested.

I am seeking documents and other records about the cost ratepayers of the City of Bunbury have incurred in relation to harassment /discrimination claims (or complaints), in particular, documents containing/regarding the following:

2) I request access to the total cost of the legal advice in processing every discrimination and harassment complaint, including sexual harassment for the period 2012-2019 as reported in point 1.

Types of document - Please provide redacted copies of legal invoices for each discrimination/harassment case. In terms of the level of redaction, I only require a portion of the case reference number or ID, and the total amount for each invoice. Everything else could be redacted.

I am seeking documents and other records about the cost ratepayers of the City of Bunbury have incurred in relation to harassment /discrimination claims (or complaints), in particular, documents containing/ regarding the following:

3) I request redacted access to every non disclosure agreements that the City of Bunbury was party to, which have been signed between 2012 - 2019 (in relation to harassment and discrimination cases only). I am not seeking a full copy only a confirmation of their existence.

Types of document - I request a copy of the signing page of the deed of release/non disclosure agreements, redacted, blocking out names and signatures, just leaving the date. OR The invoice from lawyers who prepared the non disclosure agreements highlighting the cost of the non disclosure agreement preparation and the date and the case number or ID.

I am seeking documents and other records about the cost ratepayers of the City of Bunbury have incurred in relation to harassment and discrimination claims (or complaints), in particular, documents containing/ regarding the following:

4) I request redacted access to every sexual harassment complaints lodged against the City of Bunbury in the past 5 years. Please include those withdrawn, settled or still underway. As part of this point, I request all transcripts, in redacted format, of all the investigations conducted by the City of Bunbury and ask that these be supplied for both respondent and complainant showing whether the investigator or any other City officer laughed in the investigation and whether audios were recorded for both respondent and complainant in each instance for the past 5 years. I request access to documentation showing the date of the outcome of these investigations and the date of the City's cessation of employment of those complainants with the City for each sexual harassment case for the past 5 years.

Type of documents - Please provide a copy of Investigation reports (redacted) that only show enough information to establish it is a sexual harassment complaint, the date of complaint, and a case reference number or ID to establish the number of complaints. In the case of a withdrawn sexual harassment complaint, a redacted version of the confirmation of the withdrawal of the sexual harassment complaint. In the case of a sexual harassment complaint not yet with an investigation report, a redacted internal file note or emailed complaint or similar just showing the date and that it is a sexual harassment complaint.

I am seeking documents and other records about the cost ratepayers of the City of Bunbury have incurred in relation to harassment /discrimination claims (or complaints), in particular, documents containing/ regarding the following:

5) I request access to the name and position of the investigator for every discrimination complaints against the City of Bunbury listed in point 1 (2012-2019).

Type of documents - Please provide a copy of Investigation reports (redacted) and/or other documents that only show enough information to establish the type of harassment complaint, the date of complaint, and a case reference number or ID to establish the number of complaints and for this point, and either the position of the internal officer investigating or detail to show it was investigated by an external provider.

I am seeking documents and other records about the cost ratepayers of the City of Bunbury have incurred in relation to harassment and discrimination claims (or complaints), in particular, documents containing/regarding the following:

6) I request access to the name and position of the investigator for every sexual harassment discrimination complaints listed in point 1 (2012-2019).

Type of document - Please provide a copy of Investigation reports (redacted) and/or other documents that only show enough information to establish it is a sexual harassment complaint, the date of complaint, and a case reference number or ID to establish the number of complaints and for this point, the position of the internal officer investigating or detail to show it was investigated by an external provider.

I am seeking documents and other records about the cost ratepayers of the City of Bunbury have incurred in relation to harassment /discrimination claims (or complaints), in particular, documents containing/ regarding the following:

7) I request access to current copy of City of Bunbury's Code of Conduct and Performance Management Guidelines / Process documents, and the versions of these documents applicable as at October 2017. Included in this point I request any record on file that guides HR as to the severity of misconduct or the number of misconduct incidents that will result in dismissal.

I am seeking documents and other records about the cost ratepayers of the City of Bunbury have incurred in relation to sexual harassment claims (or complaints), in particular, documents containing/ regarding the following:

8) I request access to documents detailing the total cost on legal advice for every sexual harassment complaints the City of Bunbury has received in 2018 and 2019 respectively.

Type of documents - All legal services invoices (redacted) showing the amount of money spent for a sexual harassment case. Everything could be redacted except the case ref ID, and the total amount of the bill.

I am seeking documents and other records about the cost ratepayers of the City of Bunbury have incurred in relation to sexual harassment claims (or complaints), in particular, documents containing/ regarding the following:

9) I request access to the total cost on staff wages in dealing with every individual sexual harassment complaints the City of Bunbury has received in 2018 and 2019.

Type of documents - Including but not limited to: file notes or reports on record keeping track of INTERNAL OR EXTERNAL staff time spent investigating, dealing with, keeping records of the time spent by the City on any sexual harassment case in 2018 and 2019. This would thereby include records (any invoices/reports) for private investigators (redacted) showing the total cost of those services.

PT 10 - removed to reduce Scope.

I am seeking documents and other records about the cost ratepayers of the City of Bunbury have incurred in relation to harassment /discrimination claims (or complaints), in particular, documents containing/ regarding the following:

11) I request access to copies of the City of Bunbury's Corporate Guideline: Grievance Resolution and Corporate Guideline: Workplace Investigation Procedures - both current version, and the version as at March 2018 and all correspondence and file notes and records as to the development of the changes made to the guidelines.

Type of documents - All records including redacted reports/file notes/memos/emails/investigation reports/outcome letters/ investigation manual for the investigating officer, letters of resignation (redacted) with dates, procedural manuals, training materials. The records should address all of the above points.

I am seeking documents and other records about the cost ratepayers of the City of Bunbury have incurred in relation to harassment and discrimination claims (or complaints), in particular, documents containing/ regarding the following:

12) I request, in redacted form, access to every and any bullying and harassment claim made by employees of the City of Bunbury, for the respective years 2017, 2018 and 2019.

Type of document - Redacted reports/file notes, complaints, reports to the City's insurer, HR reports summarising claims, or any other type of document that informs as to the number of bullying complaints made by City employees for the years 2017, 2018 and 2019.

Yours sincerely,

COB RESIDENT

Link to this

From: COB RESIDENT

Delivered

Dear Leanne French,

Please upload the response you sent me on 9/7/2019 and the attachments (redacting my name and contact details please).
For some reason you have not uploaded them to this site.
The website needs you to upload them.
The City of Bunbury ratepayers are waiting to find out how much money has been spent on legal fees and how many sexual harassment/bullying/discrimination complaints the City has had etc etc.

Yours sincerely,

COB RESIDENT

Link to this

From: COB RESIDENT

Delivered

Dear Leanne French,

Please upload the attachments you sent me (redacting names) to this website.
The FOI is intended to make the information publicly available.

For the benefit of our ratepayers while we are waiting for the City to make this information that should have been put up on the website a month ago, I will give ratepayers a portion of what you sent me in summary:

Document 21:
Money spent on legal invoices for bullying/discrimination/sexual harassment complaints:

Nov 2016 - Sexual harassment/bullying Internal investigation - Tina Westrup - $NIL spent on legal
Jan 2017 - Sexual harassment - internal investigation - Tina Westrup - $NIL spent on legal
Nov 2017 - Bullying/Sexual harassment/animal cruelty/breaches of safety procedures - external investigation (applied innovation) - $19,959
Apr 2018 - Sexual harassment - internal investigation - Leanne French - $5120 spent on legal.

So the summary document shows from 2012 to current day, Leanne French's investigation experience in this area extends to only one investigation into bullying/discrimination/sexual harassment complaint and that is the April 2018 sexual harassment complaint. According to what you sent me, Leanne French has no experience in the past 7 years investigating sexual harassment/bullying/discrimination complaints apart from April 2018 complaint. If this is not correct, please supply a document to demonstrate the contrary.

In regards to the legal fees expended on the April 2018 case, the City of Bunbury claims only $5120 was spent on legal. I put forward to the City that this is INCORRECT and/or MISLEADING. The City on 5 February 2019 council meeting shows an invoice for Clyde & Co (the solicitor acting on the case) for the amount of $13750 dated 11 December 2018 for "Employment Practices Liability Claim". This means the City is likely to have spent $5120 AND $13750 AND whatever has been spent between 11 December 2018 and current day since the case is not yet finalised.

It leads me to question the accuracy of the rest of the information in this document and the accuracy of what other documents I was supplied with.

Leanne can you please upload all the documents you supplied me with for the ratepayers of the City of Bunbury (names redacted). This way once you have uploaded it I can update the request to show I have just this week lodged an internal review with the City of Bunbury challenging the legal privilege exemption the City used across a range of documents requested.

Yours sincerely,

COB RESIDENT

Link to this

From: Leanne French
City of Bunbury

Good morning COB Resident,

Pursuant to section 13(1)(b) of the Freedom of Information (FOI) Act 1992 the City fulfilled its statutory requirements when it provided the applicant with a written notice of decision in the form required by section 30.

Publishing of the FOI Notice of Decision and/or supplied documents is entirely at the discretion of the applicant.

Regards,

Leanne French
SENIOR GOVERNANCE & RISK OFFICER
4 Stephen Street, Bunbury WA 6230 – PO Box 21 Bunbury WA 6231
T: (08) 9792 7233 TTY: 133 677 F: (08)9792 7184
E: [email address] W: www.bunbury.wa.gov.au
     #LoveBunbury

 

show quoted sections

Link to this

I want to know too left an annotation ()

I don't think a requester can upload docs, I think they have to come from the agency to verify the City of Bunbury supplied them. Why won't City of Bunbury upload docs about the four sexual harassment complaints they have had across 2016 to 2019? I should be able to view it straight from the City. Makes me wonder IF the City supplied ALL the info since there is a big discrepancy in legal fees on the April 2018 case. $5000 vs approx $20000 is a HUGE difference. Maybe the requester should check with OIC, I think there could be penalties if an FOI officer deliberately leaves out info/ or fails in their responsibilities to take care to search for the info. Especially about a topic like sexual harassment. Leaving out info, not a good look!! I wonder if there are more complaints they haven't listed!?

Link to this

From: COB RESIDENT

Delivered

Dear City of Bunbury,

Since you are not updating the right to know website I will.

I am updating this request showing that I applied for an internal review of your decision wherein you:
1) refused me access to most of the documents I requested on the basis of legal privilege.
2) provided me inaccurate or misleading information, or to word it in a different way, information that gave an impression of spending significantly less on legal expenses for complaints made than was actually the case, and information that makes it look like there are less complaints than there may be.

For the purposes of the public, this internal review has already been responded to on 12 August 2019 by the City of Bunbury by Mr Greg Golinski who holds the position of "Manager Governance".

This review of the original decision offers very little in the way of additional information.
According to the decision notice, Greg Golinski claims I have received "full access" to a register of the date of complaint, type of discrimination/harassment, legal fees, case reference number, name and position of investigator for complaints made 2012-2019 ....

Greg has not in the internal review decision challenged the fact that Leanne French in the register has only investigated one sexual harassment complaint between 2012-2019. This means (unless the City of Bunbury shows otherwise) that Leanne French's experience investigating sexual harassment complaints in the past 7 years has been CONFIRMED as limited to only one case. The April 2018 sexual harassment case, which is still ongoing as at August 2019. Leanne did not answer this directly when she said I had been supplied all information so the City had met its obligations under the FOI Act, which says, she is not challenging that that is her only experience. By you not supplying any additional information, the City of Bunbury by way of Greg Golinksi are confirming, that Leanne French's investigation experience for complaints in the past 7 years is one solitary complaint.

Greg writes

"The reason to vary the decision by Leanne French relates to the Register that was provided to you as document number 21 in the original notice of decision (also nominated as document number 21 in this internal review). I have amended the content of this document due to inaccuracies that were identified within the original document 21 that was provided to you. You will note however that I have confirmed all other aspects of the original decision for the remaining documents 1-20 and 22-30, with my reasoning details below."

Greg writes

"Your assertion that the City "has been identified as already omitting information under Point 21" on the basis of a transaction within the City's Schedule of Accounts Paid is flawed, as it works on the assumption that the publicly available payment details relate to matters within the scope of your application. Notwithstanding, an internal review requires me to consider your access application on a prima facie basis as if it was an access application. My assessment has resulted in the register provided as document 21 to be amended, which now reflects accurately information within the scope of your application as at the date of this notice, and that you agreed to have provided to you by way of a register in your email to Leanne French dated 21 June 2019. Accordingly, a revised copy of document number 21 is enclosed."

So the public should be aware, that it was only by having knowledge of this legal invoice that I was given correct information by the City after contesting the accuracy of the first release by the City. This means that unless you already know the answer to a question, the City of Bunbury does not necessarily give you all the information you request.

I have been told that if I want to challenge this internal review decision to deny me access to the other documents or to challenge the information already supplied to me I will need to apply to the Office of the Information Commissioner. I will be doing so.

Furthermore, I am disappointed the City did not take the opportunity, knowing that I am aware of information the City is in receipt of, not to research further whether document 21 should be amended further. I do wonder if there are other bullying complaints up to the period of the decision notice issued by Leanne French. For example, I am aware that a current staff member who now occupies the role that was occupied by 'Miss April 2018 sexual harassment complaint' has been moved desk location in the office, and the City, in that department, has been apparently been having meetings about workplace safety. I am aware of this bullying issue, in written form, as early as May 2019 which is well prior to Leanne French's decision notice. I am aware of the City knowing there are bullying issues in that department during the period of preparing the decision notice. For example, here is a recent direct quote from a current staff member in that department "O no we're all happy here. We've had a warm fuzzy feeling meeting. To explain how fucking good and safe we feel about working here." This sounds to me, like there should be at least one other complaint or case on the register of doc 21 listed after the April 2018 complaint. I was hoping the City would use the internal review to not just address the missing legal invoice, but also to double check if there were other bullying/discrimination/sexual harassment complaints that had occurred and been left off the register. I am disappointed I have to refer to written form of information I possess, to be able to really access written form of information the City possesses. To me, if you move a person from where they sit because they have bullying concerns, that should have made it onto the register because if you are having meetings about it and have moved the person, you have yourself a bullying complaint you are "managing". If the City does not regard this bullying issue as a complaint that should make it onto the register, then perhaps the register is not an accurate way to represent the extent of bullying/discrimination or sexual harassment complaints made by staff at the City of Bunbury. Ratepayers have a right to know about dysfunction that is costing them money when there is a code of conduct document that should be demanding more from employees.

I look forward to receiving a full and complete access to information from the Information Commissioner. I am disappointed with the City of Bunbury requiring a FOI applicant to already know all the answers to be able to challenge the thoroughness and completeness of what is released. I believe that Leanne French as investigator on the April 2018 sexual harassment complaint case, would be very familiar with the status of this case and that it is still ongoing and that the legal expenses incurred would have been considerably higher than the $5100 amount she knowingly released to me on document 21. FOI is meant to be transparent. I do not believe that information released to me thus far has demonstrated transparency. It has merely been testing how much I know, and whether legal privilege or semantics can help to exclude information from the public realm. I know more than the City hopes I do.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.righttoknow.org.au/request/n...

Yours faithfully,

COB RESIDENT

Link to this

From: Records Dept
City of Bunbury


Attachment image001.jpg
3K Download

Attachment image002.png
1K Download

Attachment image003.png
1K Download


We would like to thank you for contacting the City of Bunbury.

We acknowledge your email by this automated reply. Your email will be forwarded to the relevant department who in turn will contact you as soon as possible.

Please do not hesitate to phone our Customer Support team on 9792 7000 if you require any further assistance.

[COB Logo-cmyk-Pos]
4 Stephen Street, Bunbury WA 6230 – PO Box 21 Bunbury WA 6231
T: (08) 9792 7000 TTY: 133 677 F: (08)9792 7184
E: [City of Bunbury request email]<mailto:[City of Bunbury request email]> W: www.bunbury.wa.gov.au<http://www.bunbury.wa.gov.au/>
[Facebook icon]<https://www.facebook.com/bunburycity> [Twitter icon] <https://twitter.com/CityofBunbury1> .

Link to this

We don't know whether the most recent response to this request contains information or not – if you are COB RESIDENT please sign in and let everyone know.

Things to do with this request

Anyone:
City of Bunbury only: