On February 27.02.18, 21, the State Audit Committee of the Knesset requested the State Comptroller, in accordance with Section 1958 of the State Comptroller Law, 1998 [combined version], to prepare an opinion on the implementation of the Law for the Prevention of Sexual Harassment, XNUMX (hereinafter - the law to prevent sexual harassment).
The test was done in 20 local authorities in total Haifa municipality.
The main topics that relate to the functioning of the Haifa municipality in the auditor's report
The lawyers in the legal service have not been trained
The audit revealed that according to the municipality's procedure, the person responsible for preventing sexual harassment alone questions the complainant, and based on the findings of the questioning, decides whether there is a basis for filing a complaint and transferring the continuation of the investigation to the legal service at the municipality. If a complaint has been submitted, the lawyers in the legal service, in accordance with their authority in the local authorities law, conduct a disciplinary investigation of all those concerned, including the complainant, the Nilon (the person against whom a complaint was filed) and other witnesses and make a decision on filing a lawsuit with the disciplinary tribunal. The audit revealed that the lawyers in the legal service who investigate complaints about sexual harassment, did not undergo training in the matter of the law as those responsible in the municipality undergo.
In the absence of hearing all the evidence, the responsible testimony has no weight
In the claim that the municipality submitted to the disciplinary tribunal against an employee suspected of sexual harassment, the tribunal criticized the municipality's way of investigating the complaints and stated: "It is unthinkable that an employee suspected of sexual harassment, his version will be heard for the first time only after the submission of a complaint against him as part of disciplinary procedures. The purpose of investigating the complaint as , investigate the complaint with the complainant and then with the officer. In this way, weight can also be given to the supervisor [responsible]'s findings on sexual harassment and based on which she formed her final conclusion. In the absence of hearing all the evidence, the testimony of the supervisor [responsible] is not weighted only".
Haifa Municipality: "The way we operate reduces the fear of disrupting procedures"
In its reply to the State Comptroller's Office from January 2019, the Municipality of Haifa stated that, in its opinion, if the person in charge collects evidence from all those involved and then submits a disciplinary complaint, then an additional investigation of all those involved will be conducted following the complaint, meaning they will undergo a double investigation. On the other hand, the way the municipality operates saves time, prevents duplication of inquiries and reduces the fear of disrupting procedures, therefore it is an efficient and faster way to investigate the complaint. The municipality also stated that the lawyers in the legal service investigating the complaint are not required to undergo training regarding the application of the law to prevent sexual harassment.
Comments from the Office of the State Comptroller to the Municipality of Haifa
The State Comptroller's Office warns the Haifa Municipality that the person in charge only partially investigates the complaint, with the complainant only, which is not in accordance with the regulations. Moreover, the fact that the person in charge decides to submit a complaint against the Nilon without having heard his reference infringes the rights of the Nilon, who is heard for the first time only after a complaint has already been submitted against him. The Office of the State Comptroller for the Municipality of Haifa further comments that it is appropriate for the lawyers in the legal service, who clarify the complaint, to undergo training that will give them tools to professionally clarify the details of the case, both in the legal aspect and in the emotional aspect. The Municipality of Haifa must act in accordance with the instructions of the regulations and make sure that the person in charge will fully investigate the details of the complaint.