More cash needed to handle rising public complaints

Dr John Epp, 
Complaints Commisioner

The Complaints Commissioner’s Office team: Left to
right Scott Swing, Complaints Analyst, Bridgette von
Gerhardt, Complaints Assistant, Dr John Epp,
Complaints Commissioner

Monday,  August 22, 2005

Much more money will have to be pumped into the Office of the Complaints Commissioner, (OCC) to handle the growing complaints that the office is now receiving, according to the Complaints Commissioner, John Epp.

In only one month – July 2005 – the OCC handled as much as fifty per cent of the total number of complaints the Legislative Assembly expected it to handle for the entire year.

Figures from the previous month, June, also proved that the public was utilising the OCC more and more in order to speak out against improper, unreasonable or inadequate conduct from Government offices.

Even June’s figures showed that the public was doing this in greater numbers than Government leaders could ever have envisaged in 2004 when the first budget, for the year 2004-2005, was prepared.

In that month alone the OCC registered 16 complaints – eight times more than the average number of complaints that were expected to flow in on a monthly basis.

The Government recently announced that it needed to find new sources of revenue to meet the $25 million shortfall.

With the OCC waiting on their budget for the next financial year the Government may struggle to find the necessary funds for the unit.

The OCC’s first annual budget was just over half million dollars. The work load is now far exceeding that sum, but because the OCC was not operational for a part of the year, and due to a delay in securing exclusive accommodations, interim rent concessions, a delay in the appointment of staff as well as the production of only a few print publications, the OCC did not spend all of last year’s cash so will have some to carry over.

However, the fact still remains that the total budget was based on the OCC handling a certain number of complaints and the actual number being handled is far, far more than the early estimates. Whichever way it’s cut more cases to be handled means more money will be needed.

Complaints Commissioner, Dr John Epp said, “Based on the increasing trend in cases to be handled, it is clear that the OCC’s budget for next year, if kept at the same $530,000, will not be enough.”

In July 2005, the first month of the OCC’s 2005-06 fiscal year, that office received 25 written complaints.

When positioned against the fact that in the previous year’s budget, it was expected that for the entire year, the office would investigate 20-50 complaints, signed by residents, this means that the office would only get through a little more that two months of operations, if the budget remained at the same $530,000.

Additionally, based on Government’s expectations for last year, the OCC was projected to handle 200-300 enquiries; 2-5 public interest investigations with reports – these are called “own motion cases”; 20-50 recommendations monitored and 1-4 reports to the Legislative Assembly, which include an annual report and a special report if monitoring reveals that recommendations were not followed.

Dr John Epp explained that work on the 2005-06 budget had already started and the exercise would continue through to the end of August. He said that changes all round – both in the area of the number of cases to be handled as well as the funds allocated to the OCC – are anticipated.

Among the OCC’s wide variety of cases is one that shows that citizens may need protection from law enforcers themselves. In this case, an alleged assault by a Police Officer on a public road that resulted in keys and a cell phone being retained is up for OCC scrutiny. 

So far, the complainant has now received the car keys and phone from the Royal Cayman Islands Police Service (RCIPS) and an investigation into the matter is ongoing.

A case involving the Liquor Licensing Board is one of the OCC’s ongoing assignments. The case involves an alleged failure to follow policy in granting liquor licenses. Action by the OCC thus far in this case has included the acquisition of copies of licenses issued to competing parties on the premises in question, a meeting with the Secretary of the Board and a request for the Minutes of Board meetings.

The entities listed among ongoing cases also include the Department of Employment Relations, for not investigating an employment grievance; the Department of Environment for an alleged failure to properly consider an application for spear-gun license and the Immigration Board for not replying to correspondence.

There are two progressing cases against the Trade & Business Licensing Board, one against the Prison for an alleged failure to provide transcript of a discipline hearing to facilitate appeal by a dismissed officer. There is one complaint against the Education Department for an alleged failure to properly consider a company’s application to be qualified to submit a tender on the high school building project and one against the Public Service Pension Board (PSPB) for allegedly not allowing a complainant to retire a year early with full benefits, though the complainant had put in 33 1/3 years of service.

The Turtle Farm and the Cayman Islands Development Bank are also included in the list.

Own motion cases, because they represent human-interest investigations, are always of significance.

In July the OCC had two such cases – one against the PSPB and one involving the GIS and the Department of Vehicle Licensing.

Among the new complaints registered were cases filed against the Courts Office and the Department of Vehicle Licensing, 

A new case against the PSBP involved an alleged failure to provide a promised ex-gratia payment. One case against the RCIPS and one against the Health Services Authority also had to do with pension benefits. In the latter case, pension benefits were deducted but never paid over to the Board.

Complaints were also filed against the Finance Department, the Department of Immigration and the Office of Attorney General & Governor in Council. The Passport Office, the Water Authority, the Cayman Status and Permanent Residency Board, the Department of Environmental Health and the Marine Conservation Board are also included on this list.

The Department of Vehicle Licensing and the Department of Employment Relations appeared many times on the OCC’s list of new cases.

In summary, of the 25 cases opened, 15 were closed. Of these, one was solved by way of a recommendation being made to the Government. Three were premature cases, that is, the complainants were advised where to seek help, and three of the cases were unfounded. Two were closed because the matters were outside of the OCC’s jurisdiction and six of the cases were matters that were dealt with and resolved.

That leaves the OCC with 67 ongoing investigations, 33 of these are carry-overs from previous months, twenty from July. Ten are closed cases but the recommendations made are still being monitored and four are “own motion” cases. In short the OCC remains very busy and there is little sign of the complaints slowing up.

   Back...