News of a complaint of misconduct being laid against one of Overstrand Municipality’s directors has caused many people to speculate about the nature of the alleged misconduct.
Dr. Annelie Rabie, executive mayor at Overstrand Municipality, confirmed in a press release that the Municipal Manager Dean O’Neil had received a formal complaint of alleged misconduct by one of the directors of the Overstrand Municipality, from Barry van Vuren of the Whale Coast Business and Community Forum on 8 February.
Van Vuren reiterated that the complaint was not lodged against the municipal manager.
“As participants in the Schulphoek Social Compact, we lodged a complaint with the municipality, addressed to the MM, against an official whom we felt was failing to fulfill required duties.
“We requested investigation and, if needed, disciplinary action. The Municipality responded to this and are investigating the matter. No further comments on this can be made at this stage,” says van Vuren.
According to terms of section 5 of the Local Government: Disciplinary Regulations for Senior Managers, 2010, the matter must be reported to Council within seven days for its consideration.
“The same section requires Council to decide whether reasonable cause exists that a misconduct has been committed or not, and if so to appoint an independent investigator to investigate the matter.
“Should the investigator find that a misconduct has been committed, then the process must continue to its logical conclusion in terms of the prescribed disciplinary process and if not, that is the end of the matter,” says Rabie.
However, council concluded that the complaint does not have all the facts to reasonably come to a conclusion that an act of misconduct had been committed and resolved that a suitably qualified labour lawyer be appointed to investigate the complaint.
The mayor added that a council must then receive a report with recommendations from the independent investigator within 30 days which will enable Council to determine if there is a reasonable cause to believe that an act of misconduct has been committed.
“The council wishes to reassure the public that it does indeed take allegations of alleged misconduct by any of its staff seriously and will act appropriately should it be found that act of misconduct has been committed,” concludes the Mayor.