Troy Thompson continues online attacks as council complaints policies tighten
Email filters and escalating threats to police are some of the solutions council’s legal team has amid an influx of serial complainers hampering their resources. It comes as suspended mayor Troy Thompson continues his online attacks on council.
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Email filters and escalating threats to police are some of the solutions Townsville City Council’s legal team has amid an influx of serial complainers hampering their resources.
In Wednesday’s meeting, councillors voted unanimously to adopt changes to their customer complaints policies, with chief legal officer David Sewell discussing ways staff should deal with vexatious and ‘unreasonable’ complaints.
It comes as suspended mayor Troy Thompson claimed the changes were “partly due to my response to providing contact information to our community over issues raised by community”.
Since his fully paid suspension in November, Mr Thompson has used his Facebook page to criticise councillors and executives, posting mobile phone numbers and email addresses and urging his followers to contact them with complaints or feedback.
Ahead of Wednesday’s meeting, Mr Thompson also published Mr Sewell’s direct email address, which is not publicly available for residents, urging people to contact him for a ‘clarification of legal procedures’.
During the meeting, Mr Sewell clarified that the policy changes were not to shut down customer complaints, but to properly manage ‘unreasonable’ ones in line with council’s ‘zero-tolerance approach’ for work-related violence.
“The vast majority of ratepayers and customers are great to deal with and they deal with things reasonably but there is a small section who can disproportionately affect our (resources),” Mr Sewell said.
He said some examples of unreasonable complaints include those with threatening and aggressive behaviour, unreasonable demands, issues that are not in the council’s jurisdiction or are seen as vexatious.
Some unreasonable complainants also give false names and emails or have no substantial or usable evidence to back up their claims.
Councillor Kristian Price asked what councillors could do if they kept receiving vexatious complaints and emails.
Mr Sewell advised that emails from vexatious complainants could potentially be diverted to a central mailbox to give a councillor or staff member “breathing space”.
“It gives the option to make things a bit easier,” he said.
Acting Mayor Ann-Maree Greaney asked how swearing and inappropriate language in an email would be dealt with.
“It depends if the swearing is directed at you or it’s just some inappropriate word out of frustration…,” Mr Sewell replied.
Mr Sewell said if the complaint crosses the line to become threatening or criminal behaviour, it would be referred to the police, if warranted.
When asked by Cr Greaney on what would occur in regards to threatening on social media posts and messages to councillors profiles and pages, Mr Sewell said social media was “not the same as a communication into council”.
“It’s more difficult when it’s a social media post, that is not a direct abusive text or email to a person or a phone call. That’s another issue to deal with,” he said.
“Councillors have the option of considering their own actions in relation to those matters.”
Councillor Vera Dirou questioned the consequences for people inciting others to make threats or be aggressive, with Mr Sewell saying those people would be referred to police for their action and consideration.
It is understood a number of comments by Mr Thompson’s followers left on his Facebook page in recent months were reported to police, including one that suggested “a TCC assassination will work” and calling for the CEO and acting mayor to be “dragged” out of the building.
Under a High Court of Australia ruling, owners of social media pages are responsible for defamatory and abusive comments posted by third parties on their page.
Last month, council CEO Joe McCabe called on Mr Thompson to end his constant online “attacks” on council staff that were harming their “general and psychological wellbeing”.“Attacks on the efforts of council staff members are damaging to their wellbeing and their safety in our community, and should stop,” Mr McCabe said, adding Mr Thompson’s posts were “not productive”.
“It is not helpful and it is harmful for our city’s unity and reputation.”Mr Sewell told councillors on Wednesday that other councils across the country had implemented similar policies to deal with surges in ‘unreasonable customer behaviour’.“There’s a whole guide set out in New South Wales … we are not on our own here,” he said.
Councillor Andrew Robinson suggested, when reading the proposed changes to the Complaints about a Public Official Policy, that consultations involving a third party would remove any doubt.
Councillors voted unanimously to the amendments of the three policies and one procedure with a four-year review cycle.
‘Council clamps down on unruly complaints’
Tuesday, February 18: Townsville City Council’s legal team has drafted a new ‘unreasonable customer conduct policy’ to rein in the number of complaints and negative behaviour towards councillors and staff.
This comes as the organisation updates a number of its complaints polices, including adjustments and clarifications to how complaints about a public official are handled, with councillors expected to vote on the changes on Wednesday.
This follows almost a year of unrest at Townsville City Council after the election of suspended Mayor Troy Thompson.
Suspended on full pay for 12 months, Mr Thompson continues to make numerous complaints about councillors, CEO Joe McCabe and staff on his Facebook page, encouraging his ‘followers’ to do the same via polls and sharing councillors’ mobile numbers and email addresses.
He has also claimed to have lodged multiple official complaints with the Office of the independent Assessor and the Crime and Corruption Commission.
The report, prepared by chief legal officer David Swell, outlines the council’s new unreasonable customer conduct policy and details how staff should deal with people who “behave unreasonably” in their dealings with staff, saying it can impact the progress and efficiency of the response.
“As a result, council will take decisive action to manage any conduct that negatively and unreasonable affects workers and/or customers while attending a council workplace,” the policy states.
It also allows the council, in serious cases, to “withdraw an individual’s access to workers, premises and certain services’.
However, it does specify that the general manager will consider such a person’s human rights prior to making any decisions.
The policy also dictates how and when customers can request an internal review of a decision if: a customer want to amend limitations imposed; a new incident occurs while seeking a revision or limitations are due to expire and need to be reconsidered.
Customers will also have the right to an external review if they are dissatisfied with the outcome.
The changes to the complaints about a public official policy make clear provisions of the Crime and Corruption Act 2001.
It also makes it clear that if a complainant disagrees with a determination about an allegation, there are external avenues, including the CCC, that can be pursued.
Another new policy relates to the complaints management, and makes clear what constitutes unreasonable complaints conduct and demands.
Examples provided in this policy include: insisting on outcomes that are not possible or reasonable under the circumstances; or demanding the council investigate, prevent or take action on a matter in which the council has no legislative power to maintain, control or enforce.
The policy also includes measures to deal with “continue, incessant and unrelenting conduct”.
The policy also explains how the council would deal with complaints and who would be in charge of certain matters.
The policies will go before the full council meeting on Wednesday with the officers recommendation to endorse the changes and new policies.
Originally published as Troy Thompson continues online attacks as council complaints policies tighten
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