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A neutral and impartial investigative body, which was set up by the Hyogo prefectural government, has declared that the local government’s handling of a whistleblowing case was illegal. Gov. Motohiko Saito cannot escape from his responsibility. He should make his own decision on whether to step down from the post.
A third-party committee, with lawyers, some of whom were former judges, has released a report on the prefectural government’s response to allegations against Saito regarding workplace bullying, as well as on whistleblowing by a then senior official.
The committee found that Saito’s actions, including “banging on desks to berate officials” and “constantly reprimanding officials and giving them instructions through a chat function for long periods of time at night and on their days off,” constituted workplace bullying. It condemned the governor, using such expressions as “extremely inappropriate” and “the governor used coercive actions to intimidate employees.”
Furthermore, the committee judged that the accusations by the senior official constituted whistleblowing in the public interest. It also pointed out that the acts of identifying the accuser at Saito’s instruction as well as the disciplinary action against the official were “illegal” and “invalid.”
Regarding this issue, the so-called Article 100 Committee, which was set up by the prefectural assembly, also recognized Saito’s workplace bullying and the illegality of the prefecture’s response.
However, Saito did not give the slightest consideration to it, stating that it was “just one perspective.” He also repeatedly said the disciplinary action against the then senior official who accused Saito was “appropriate,” and even went so far as to make seemingly defamatory remarks about the accuser.
The third-party committee that announced the findings of its investigation this time is a highly independent body established at the request of the prefectural government. Its findings hold a lot of significance.
The official died in July last year in what is believed to have been a suicide. Saito should withdraw the disciplinary action and apologize to his bereaved family. It is unacceptable for him to continue treating the matter as someone else’s problem any longer.
Since the introduction of the whistleblowing system, a number of companies and other entities, in addition to the Hyogo prefectural government, have responded to accusers in a manner that is disadvantageous for whistleblowers. For this reason, legislation is being discussed at the Diet that includes criminal penalties to be imposed on both organizations and individuals that dismiss or take disciplinary action against accusers.
Saito is not only the head of an administrative body, but also the accused party. It is only natural that he should not be allowed to crush a whistleblower. Nevertheless, he continues to make comments that apparently disrespect the whistleblowing system. His qualifications as a public official must be called into question.
Saito may be using his reelection in the latest gubernatorial election in November — which was held after he lost his post in response to a unanimous vote on a no-confidence motion against him by the prefectural assembly — as a basis for staying on as governor.
During the election campaign, the discourse that said Saito is not to blame spread on social media, providing a tailwind for him in the final stages of the campaign. A public relations firm on the governor’s side has also been under compulsory investigation on suspicion of violating the Public Offices Election Law. Now that the premise that he is not to blame has collapsed, the validity of the election will also be questioned.
In Hyogo Prefecture, a former assembly member, who had been on the Article 100 Committee, also died. He was defamed on social media as the “mastermind” who drove Saito into a corner. The death is believed to have been a suicide. It must be said that the situation with a year of turmoil in the prefectural government and a spate of deaths is utterly abnormal.
