Debate over whether it interferes with access to information
By Julie TurnerrnOsoyoos Times
A policy to deal with harassment of town staff was adopted at the March 20 Town Council meeting.
Mayor John Slater said the policy was put in place to deal with the few individuals who are belligerent, aggressive and demand things from the town office.
Staff shouldn't have to deal with that. They can come in and talk “ and yell “ at elected officials all they want, but not staff.rnPublic reaction to the new policy has been mixed, with some fearing it will limit access to information, and others seeing the need to protect town staff from verbal abuse.
The policy will give town staff direction on how to handle excessive, repetitive or vexatious demands from members of the public. Repeated requests for information or for responses to inquiries can constitute harassment and will not be tolerated.
Under the policy, administration and Council will determine if a member of the public is placing excessive demands on staff, and that person will be informed all communication with the town must be in writing. Some requests for information will need to be filed as Freedom of Information (FOI) requests.
I really hate seeing us bring in this policy. Having said that, we have to protect our staff from verbal abuse. It's not acceptable to come in and harass the staff or swear at people, said Councillor Allan Carswell.
Councillor Stu Wells agreed, saying he understands people can get hot under the collar about an issue. He added the policy will target repeat complainers.rnOsoyoos resident Sy Murseli believes people should be reasonable and polite when dealing with staff, but has reservations about the policy and fears it may inhibit the public from getting information from the town.
He believes that in the past, the town's chief administrative officer (CAO) has had too much power to decide which requests would be addressed. He states that under the Community Charter, the CAO should not be the manager of the town without first getting approval from taxpayers.
If I write a letter to the CAO, he or she has the power to dismiss the letter without reporting it to the mayor and Council. This has happened to me. He adds that he has been given incomplete information, requiring him to go back for more.
I can't always get an answer to my question the first time. Are they trying to discourage people from going back?rnResident Stan Stodola shares Murseli's concerns about the new policy and feels on several occasions he has been given the runaround by town administration. He claims two of his letters handed in to administration never reached the department heads to whom they were addressed.
Requests for information have been met with stalling tactics, which have become a tool by which the administration can refuse answers that do not need an FOI request. By withholding information that is readily available, they are forcing an individual to keep coming back to get more information.rnResident Rod Kerr feels the policy will not limit access to information. I expect the policy is there to back up the staff. I imagine perhaps they have had to deal with some disagreeable people coming in, and no individual should have to put up with that.rnOsoyoos Now Secretary-Treasurer Robin Gubby says he understands the reason behind the policy is to deal with members of the public who don't behave in a civilized manner.
However, dealing with the public is a fundamental job requirement for a staff member working in the front office, so they ought to be able to handle whatever irate customers walk in the door.
Gubby is glad to see decisions will not be left to staff alone, as that could potentially lead to misuse of the policy in order to evade or delay responding to requests. He adds that in dealing with any level of bureaucracy, if a request is not put in writing, it might as well have never happened.
It's only common sense to document all requests. If at any time someone feels their requests are being stonewalled by the town, by all means get in touch with Osoyoos Now; that's one of the things a residents' association is for.
The issue of the Freedom of Information and Protection of Privacy Act has been raised in the past, with some accusing the town of hiding behind the Act when it was asked to provide documents to taxpayers. The legislation is governed by explicit rules and procedures regarding the release of information.
Under the new policy, all requests for information, except those required by statute to be provided, will be processed as Freedom of Information (FOI) requests. Staff must respond to all written communications within two weeks of receipt, except in the case where the FOI Act applies. Slater feels the policy will in no way limit access.
It's pretty clear in the FOI legislation what's available and what's not. It's not to try and stop communications by any stretch; it's to stop the harassment end of it and protect staff. Everybody has the right to flip out but when it's twice a week, or every day, it's over the top.
Information will still be granted, but through the proper process. Put it in writing, give it to staff, and we'll provide it under the FOI criteria, he said.
