2021 Councillor Conduct Register
|
Date of Complaint |
Name of Councillor* |
Summary of Complaint |
Type of Alleged Conduct |
Referred to for decision |
Date of Decision |
Decision |
Reasons for Decision |
|---|---|---|---|---|---|---|---|
| 19 January 2021 | Not included pursuant to s150DY(3) |
It is alleged a Councillor used a false address on their 2020 election campaign materials to lead voters to believe that they lived in the division. It is alleged that a Councillor failed to declare a conflict of interest in a matter considered at a committee meeting of council's in December 2020. The matter related to planned road works and a shopping centre to be built on the same street where the Councillor had office space. |
Inappropriate conduct or misconduct | Office of the Independent Assessor | 19 January 21 | Take no further action | The OIA decided to take no further action in relation to the second allegation, pursuant to section 150Y(b)(i) of the Local Government Act 2009 [the Act], on the basis that The complainant was advised to raise the first allegation with the Electoral Commission of Queensland to deal with under the Electoral Act 1992. The OIA viewed the audio recording of the meeting and considered that the correct meeting procedures were followed by council pursuant to sections 150EW and 150EX of the Act. The Councillor had rented office space at the location in question, ending in December 2020. Given the short-term non-proprietary nature of that interest, it was not considered that the Councillor had a declarable conflict of interest in the matter being considered by council on 1 December 2020 namely planned road works in the environs of the Councillors (now previous) rented office space. |
| 18 January 2021 | Not included pursuant to s150DY(3) |
It is alleged a Councillor engaged in inappropriate conduct in a council meeting. It is further alleged that the Councillor released further statements after the meeting and refused to provide comment on the statements. |
Inappropriate conduct or misconduct | Office of the Independent Assessor | 20 January 2021 | Take no further action |
The OIA decided to take no further action pursuant to section 150Y(b)(i) of the Local Government Act 2009 [the Act] on the basis that the conduct does not raise a reasonable suspicion of inappropriate conduct or misconduct. Unsuitable meeting conduct is not within the OIA’s jurisdiction. It is the responsibility of the Chair of the meeting, ordinarily the Mayor, to moderate discussions in a council meeting and to take action at the time against Councillors who engage in unsuitable meeting conduct. In relation to the information released by the Councillor after the meeting, the Councillor did not appear to have made any comments outside of the meeting; rather the Councillors comments made in the meeting were reported in the local media. |
| 08 February 2021 | Not included pursuant to s150DZ |
It is alleged that a Councillor set out to deliberately deceive and mislead voters in the 2020 local election to believe that they lived at an address that does not exist. It is alleged that the Councillor failed to declare a conflict of interest in a matter considered at a council committee meeting in late 2020, relating to council works and a Centre to be built on the same street as the address referred to above. |
Inappropriate conduct or misconduct | Office of the Independent Assessor | 12 March 2021 | Dismissed |
The OIA dismissed this matter pursuant to section 150X(b)(i) of the Local Government Act 2009, on the basis that the complaint is vexatious. The OIA had already dealt with this complaint on two previous occasions and dismissed the matter in both cases, with reasons for those decisions being provided to the complainant. Because the complainant had submitted a further complaint on the same issues with no new or different information, knowing that the previous identical complaints had already been received, assessed and dismissed by the OIA, this complaint was dismissed on the basis it is believed to be vexatious. |
| 08 March 2021 | Not included pursuant to s150DZ |
It is alleged, a Councillor shows a lack of participation and representation of the division they represent in committee meetings and council ordinary meetings. It is also alleged, that in February 2021, the Councillor displayed dismissive behaviour towards the complainant, when the complainant tried raising with the Councillor an issue on safe crossing that is affecting school children in the area. |
Inappropriate conduct or misconduct | Office of the Independent Assessor | 31 March 2021 | Dismissed |
The OIA dismissed this matter pursuant to section 150X(a)(ii) of the Local Government Act 2009, on the basis that the conduct does not raise a reasonable suspicion of inappropriate conduct or misconduct. No issues were identified with the Councillor attendance and or participation in the business of council. It was also noted that Council considered a petition on safe school pick-up and agreed to refer the matter to the relevant area of Council for investigation. The Councillor voted in favour of this decision. |
| 8 March 2021 | Not included pursuant to s150DZ | It was alleged that a Councillor blocked a member of the public from his official Councillor Facebook page, after the member of the public had questioned statements made by the Councillor during the 2020 election period. | Inappropriate conduct or misconduct | Office of the Independent Assessor | 7 April 2021 | Dismissed | The OIA dismissed this matter pursuant to section 150X(a)(ii) of the Local Government Act 2009 (the Act) as the conduct does not raise a reasonable suspicion of inappropriate conduct or misconduct. The OIA understands that the Councillor blocked the member of the public from his page during the election period, prior to him being appointed a Councillor of Logan City Council. The Councillor was therefore not subject to the relevant behavioural standards as stipulated in the Code of Conduct for Councillors in Queensland at the relevant time. |
| 31 May 2021 | Not included pursuant to s150DZ | It was alleged that during an ordinary meeting of council, a Councillor made comments which referred to an incident that occurred during the previous council term. It was considered that the comments in context were in poor taste, unwarranted and unprofessional. | Inappropriate conduct | OIA | 9 June 2021 | Dismissed | The OIA dismissed this matter pursuant to section 150X(a)(ii) of the Local Government Act 2009 as it does not come within the OIA’s jurisdiction to deal with. Improper conduct by a Councillor during a council meeting is defined as ‘unsuitable meeting conduct’ that must be dealt with at the time by the meeting chairperson. |
| 18 June 2021 | Not included pursuant to s150DZ | That a Councillor failed to make an apology to a complainant after a finding of inappropriate conduct was upheld by the interim administrator in 2018. | Inappropriate conduct or misconduct | OIA | 29 June 2021 | Dismissed |
The OIA dismissed this matter pursuant to section 150X(c)(ii) of the Local Government Act 2009 (the Act) on the basis that it would be an unjustifiable use of resources to deal with it further. Given that there is no statutory provision for a Councillor to be ordered to make an apology, that the Councillor was not a Councillor when the offer to make an apology was said to have occurred; any failure to make an apology was, while not in the spirit of the Councillor conduct framework, not reasonably enforceable. |
| 26 June 2021 | Not included pursuant to s150DZ | It was alleged that a vehicle advertising a Councillor was seen in several streets in the local government area. The complainant wanted the vehicle removed. | Inappropriate conduct or misconduct | OIA | 30 June 2021 | Dismissed |
The OIA dismissed this matter pursuant to section 150X(a)(ii) of the Local Government Act 2009 (the Act), as the complaint did not raise a reasonable suspicion of inappropriate conduct or misconduct within the meaning of the Act. The parking of a vehicle that has advertising on it for a Councillor is not considered to be a Councillor conduct matter, unless the Councillor is parking it in breach of Council policies or by-laws. Enquiries were made with Council and no breaches were identified. |
| 16 September 2021 | Not included pursuant to s150DY(3) | The Councillor self-referred their conduct to the OIA that they had failed to update their register of interests to include their involvement as a Director, shareholder, and secretary for a company. | Inappropriate conduct or misconduct | OIA | 22 September 2021 | Take no further action | The OIA decided to take no further action pursuant to section 150Y(b)(iii) of the Local Government Act 2009 [the Act] on the basis that taking further action would be an unjustifiable use of resources. Information provided with the complaint indicated that the Councillor was of the mistaken belief that the relevant company had been deregistered. Upon discovering the mistake, the Councillor rectified it and self-reported their conduct. |
| 23 November 2021 | Not included pursuant to s150DZ | It was alleged that a Councillor parked their council issued vehicle on the front lawn of a nearby residence to attend a school event. | Inappropriate conduct or misconduct | OIA | 10 December 2021 | Dismissed | The OIA dismissed this matter pursuant to section 150X(a)(ii) of the Local Government Act 2009 (the Act) on the basis that the conduct does not raise a reasonable suspicion of inappropriate conduct or misconduct by a Councillor within the meaning of the Act. It appeared the Councillor parked on the footpath area and not on private property. |
| 6 December 2021 | Not included pursuant to s150DZ | It was alleged a Councillor had not responded to a request for information from a resident about a council program in the residents area. | Inappropriate conduct or misconduct | OIA | 20 December 2021 | Dismissed | The OIA dismissed this matter pursuant to section 150X(a)(ii) of the Local Government Act 2009 as the conduct does not raise a reasonable suspicion of inappropriate conduct or misconduct. The OIA were advised a council officer responded to the resident’s enquiry to council and outlined the process undertaken in identifying locations for the program. It is expected that when a Councillor receives an enquiry from a member of the community about an operational issue, the Councillor would forward the enquiry to the chief executive officer, or according to policy to the relevant area within council for a response. It appears that is what occurred in this instance. |
* Only to be included if the local government or conduct tribunal decided that the Councillor engaged in inappropriate conduct or misconduct, or where the Councillor agrees to their name being included in the register (Section 150DY(3) Local Government Act 2009)