Dry rules provide quality in public administration | 29
Skanderborg Municipality has now launched a
number of initiatives intended to ensure against
similar errors in the future. That is, of course,
good.
Duty to take notes and keep records
as part of the administration’s back
bone
The rules on the duty to take notes and keep
records are laid down particularly in sections
13 and 15 of the Danish Act on Access to Public
Administration Files.
The fundamental provision on the duty to take
notes in section 13 of the Act says, among other
things, that in cases involving a decision an authority must as quickly as possible make a note
of the contents of information about the factual
basis of the case which the authority is made
aware of, either verbally or in other ways (unless
the information already appears from the case
documents). The provision also states that an
authority must, as quickly as possible, make
a note on ‘important case processing steps’,
which do not otherwise appear from the case.
The fundamental provision on keeping records
in section 15 of the Act says, among other things,
that documents received or sent by an administrative authority as part of administrative case
processing in connection with the authority’s
activity must be recorded if they are important
to the case or otherwise to the processing of the
case. This must be done as soon as possible.
that the information is under control, and that it
is retrievable when needed. They also contribute
towards the subsequent clarification of the course
of events in a case. And they support the possibility of access to public files.
Maybe it is easier to understand the importance
of the rules if you imagine that they were not
there.
With regard to the duty to take notes, this would,
for instance, mean that the processing of a case
could be maintained at a verbal level without
the possibility of subsequent documentation of
the events in a case or without the possibility of
access to public files. And that the authority –
when the decision had to be made – had to base
it on what perhaps successive staff could more
or less randomly remember.
With regard to keeping records, it would, for
instance, mean that the documents in the case
could be stored in a scattered and random
fashion – some on the computer, some in the
drawer, a bit with other staff and a bit at home.
So the rules on the duty to take notes and keep
records are not there for their own sake. They
underpin important regards for making correct
decisions, openness in the public administration and the possibility of subsequent responsibility. In that way, they are part of the back bone
of good administration.
Why do we have these rules?
Case processing errors in a case from
Randers
To a large extent, the rules on the duty to take
notes and keep records serve the same purpose. They ensure, for instance, that there is
clarity as to what the information in the case is,
Specific cases are always the best illustrations
of the importance of general principles. So let
us take one more – a case from Randers, another
town in Jutland, concluded in November 2018.
Here, we have another kind of formal rules.
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