Official Information Request - Complaints Against Staff

Sent: Thursday, 6 May 2021 4:14 pm

Subject: LGOIMA request - complaints against staff

I refer to your LGOIMA request of 7 April 2021 regarding complaints against staff between 7 April 2020 and 6 April 2021.

Attached is a document listing the following information on complaints recorded through the Organisational Development & Capability (HR) department:

• Date of complaint
• Department of the staff member involved
• Staff member seniority level
• Complainant
• Nature of complaint
• Action taken
• Resolution

Also attached are copies of three of the complaints from external members of the public (complaints 1, 2 and 3). Documents relating to complaints 4 - 7 are not disclosed as the information within them either comes from personnel files (4, 5 and 7) or includes such information as would reveal personal identity information about the people involved (complaint 6).

Section 7(2)(a) of LGOIMA provides that a good reason to withhold information is to protect the privacy of natural persons. The Ombudsman Guide to Privacy makes it clear that where the disclosure of information would intrude on a person's privacy more than it would benefit the public interest, the information should be withheld. On this basis, Council considers the privacy of the staff involved and the complainant outweighs the public interest in knowing who the staff are or who made the complaint. Council also considers that the protection of privacy of junior staff outweighs any public interest. RLC has therefore redacted names of the staff involved, the complainants and junior staff members from the spreadsheet and the documents, and withholds documents regarding the investigation/resolution of the complaints listed, under section 7(2)(a) of LGOIMA.

You have the right to seek an investigation and review by the Ombudsman of this decision. Information about how to make a complaint is available at www.ombudsman.parliament.nz or freephone 0800 802 602.

Publication of responses to LGOIMA requests

Please note: Our LGOIMA responses may be published on the Rotorua Lakes Council website after they have been responded to, with requesters' personal details withheld. If you have any concerns about this please contact the Council on info@rotorualc.nz.

Regards