62 | Annual Report 2019
Municipal and regional authorities etc.
The following statements on cases concluded in 2019
have been published:
2019-2. Talks with employees of municipality not
conducted in a manner respecting their freedom
of expression
A number of employees of a municipality were summoned to talks with their managements because
they had publicly expressed their views about the
municipality’s decision to move a special school or
about healthcare cuts.
The Ombudsman noted that four employees had
been summoned to talks despite the fact that their
statements were within the limits to the freedom of
expression of public employees.
According to the municipality, the talks were not
disciplinary hearings. However, in the Ombudsman’s
opinion the employees could justifiably have got the
impression that they were negative reactions to their
statements. Thus, it was stated or implied during the
talks that the employees had acted in contravention
of, among other things, the municipality’s communication policy, and several of the employees apologised
for and expressed their regret about their statements
during the talks.
On that basis, the Ombudsman was of the opinion that
the talks were not conducted in a manner which respected – and recognised – the employees’ freedom
of expression.
A fifth employee was given a written warning following
a disciplinary hearing. However, the Ombudsman
concluded that the grounds given by the municipality
were not sufficient for issuing a written warning. He
did not examine whether the municipality could have
taken disciplinary measures against the employee on
different grounds.
All five cases thus illustrate problems of which authorities must be aware when considering responding
towards employees who have expressed their views
in public.
In the Ombudsman’s opinion the course of events
– including the number of employees who were summoned to talks – was also liable to cause more general
uncertainty among employees of the municipality
about their right to express their views in public.
In conclusion, the Ombudsman found that the way in
which the municipality had handled the five cases was
overall a matter for severe criticism.
The Ombudsman noted information from the municipality that there was agreement in the municipality’s
general consultation committee to intensify the municipality’s information efforts as regards its communication policy and that guidance notes were being
prepared.
2019-11. Municipality’s digital self-service
solution did not comply with certain requirements of administrative law
A complaint from a citizen caused the Ombudsman to
open a general investigation of a municipality’s digital
self-service solution for applications for technical
aids, consumer durables and layout and interior
design work for persons with permanent functional
impairment.
In the Ombudsman’s opinion it was unfortunate that it
was not expressly stated on the municipality’s website
and on www.borger.dk3 that it is only compulsory to use
the digital self-service solution for applications for technical aids (such as arm or leg prostheses or orthopaedic
shoes). The Ombudsman stated that it is important
that authorities are aware, for instance when publishing information for citizens on their websites, whether
3) A common public-sector portal providing a single point of access to the authorities’
digital self-service solutions and information about public authorities and services
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