2018 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

7 December 2018 Not included pursuant to s150DY(3) Failure to declare a material personal interest or conflict of interest in relation to the consideration of a particular matter Inappropriate conduct Office of the Independent Assessor 17 January 2019 No further action No further action taken pursuant to section 150Y(b)(iii) of the Local Government Act 2009 on the basis that there was no evidence that the material personal interest or conflict of interest existed at the time the matter was considered
1 August 2018 Not included pursuant to s150DY(3) It was alleged that a Councillor covertly recorded a confidential briefing to Council Councillors.  Inappropriate conduct or misconduct Office of the Independent Assessor 2 April 2019 No further action The OIA delegate made the decision to take no further action in relation to the complaints against this Councillor as this matter had already been dealt with by the Regional Conduct Review Panel. 
24 December 2018 Not included pursuant to s150DY(3) It is alleged the subject Councillor sexually harassed a council employee during an overseas trip. Inappropriate conduct or misconduct Office of the Independent Assessor 15 May 2019 Dismissed complaint The complaint was dismissed on the basis that it was not in the public interest to pursue a disciplinary matter given that the Councillor is the subject of criminal prosecution for disqualifying offences.
14 November 2018 Not included pursuant to s150DY(3) It is alleged the subject Councillor failed to comply with an order of the Regional Conduct Review Panel. Misconduct Councillor Conduct Tribunal 27 June 2019 That the Councillor has not engaged in misconduct. The Tribunal found pursuant to s150AQ(1)(a) of the Local Government Act 2009 that the Councillor has not engaged in misconduct in respect of the allegations.
27 June 2018 Not included pursuant to s150DY(3) It was alleged that a Councillor improperly disclosed recordings, transcripts and information to opposing legal counsel in relation to an industrial relations matter against the Logan City Council Inappropriate conduct or misconduct Office of the Independent Assessor 20 August 2019 No further action The OIA resolved to take no further action pursuant to section 150Y(b)(iii) of the Local Government Act 2009 on the basis that all identified disclosures were made under statutory obligation to produce evidence relevant to Court proceedings.
27 June 2019 Not included pursuant to s150DY(3) It was alleged that a Councillor made recordings of legal briefings and statutory meetings between October 2017 and February 2018 in breach of the Councillor Code of Conduct and Logan City Council Local Law Number 1. Inappropriate conduct or misconduct Office of the Independent Assessor 20 August 2019 No further action The OIA resolved to take no further action pursuant to section 150Y(b)(iii) of the Local Government Act 2009 on the basis that further investigation of the matter was an unjustifiable use of resources as any recordings made related to matters of significant public interest and the Councillor had an overriding statutory obligation to ensure that council decision making was effective, transparent and in the public interest.
27 June 2018 Not included pursuant to s150DY(3) It was alleged that a Councillor improperly disclosed recordings, transcripts and information to opposing legal counsel in relation to an industrial relations matter against the Logan City Council. Inappropriate conduct or misconduct Office of the Independent Assessor 20 August 2019 No further action The OIA resolved to take no further action pursuant to section 150Y(b)(iii) of the Local Government Act 2009 on the basis that all identified disclosures were made under statutory obligation to produce evidence relevant to Court proceedings.
27 June 2018 Not included pursuant to s150DY(3) It was alleged that a Councillor made recordings of legal briefings and statutory meetings between October 2017 and February 2018 in breach of the Councillor Code of Conduct and Logan City Council Local Law Number 1. Inappropriate conduct or misconduct Office of the Independent Assessor 20 August 2019 No further action The OIA resolved to take no further action pursuant to section 150Y(b)(iii) of the Local Government Act 2009 on the basis that further investigation of the matter was an unjustifiable use of resources as any recordings made related to matters of significant public interest and the Councillor had an overriding statutory obligation to ensure that council decision making was effective, transparent and in the public interest.
27 June 2018 Not included pursuant to s150DY(3) It was alleged that a Councillor improperly disclosed recordings, transcripts and information to opposing legal counsel in relation to an industrial relations matter against the Logan City Council Inappropriate conduct or misconduct Office of the Independent Assessor 20 August 2019 No further action The OIA resolved to take no further action pursuant to section 150Y(b)(iii) of the Local Government Act 2009 on the basis that all identified disclosures were made under statutory obligation to produce evidence relevant to Court proceedings.
27 June 2018 Not included pursuant to s150DY(3) It was alleged that a Councillor made recordings of legal briefings and statutory meetings between October 2017 and February 2018 in breach of the Councillor Code of Conduct and Logan City Council Local Law Number 1. Inappropriate conduct or misconduct Office of the Independent Assessor 20 Aguust 2019 No further action The OIA resolved to take no further action pursuant to section 150Y(b)(iii) of the Local Government Act 2009 on the basis that further investigation of the matter was an unjustifiable use of resources as any recordings made related to matters of significant public interest and the Councillor had an overriding statutory obligation to ensure that council decision making was effective, transparent and in the public interest.
12 December 2018 Not included pursuant to s150DY(3) It was alleged that a Councillor improperly made recordings of a council meeting in breach of Local Law Number 1 of the Logan City Council. Inappropriate conduct or misconduct Office of the Independent Assessor 11 November 2019 No further action The OIA resolved to take no further action pursuant to section 150Y(b)(iii) of the Local Government Act 2009 on the basis that further investigation of the matter was an unjustifiable use of resources as any recordings made related to matters of public interest, are relevant to a criminal investigation, and noting that the Councillor had an overriding statutory obligation to ensure that council decision making was effective, transparent and in the public interest.
17 December 2018 Not included pursuant to s150DY(3) It was alleged that the Councillor engaged in inappropriate conduct on two separate occasions being 18 October and 4 December 2018. This conduct was a breach of Section 176(4)(a) and section 150K(1)(a) of the Local Government Act 2009 and section 3.3 of the Code of Conduct for Councillors in Queensland. Inappropriate conduct Office of the Independent Assessor referred the matter to Council for investigation 29 January 2020

That the former Councillor has engaged in inappropriate conduct

No further action be taken against the former Councillor

The Interim Administrator resolved that the alleged conduct constituted inappropriate conduct on the two occasions on the basis that the investigation found that there was sufficient evidence to substantiate the allegations.
The Interim Administrator resolved to take no further action pursuant to section 150AH(1)(b) of the Local Government Act 2009. 
In making her decision the IA noted that Council is currently under Administration with no elected representatives; these were the first breaches by former Councillor Raven, and Mr Raven has offered to provide an apology to the relevant complainant.
24 December 2018 Not included pursuant to s150DY(3) It was alleged a former Councillor had improperly used their position to influence the outcome of a recruitment process for a role within the Council Inappropriate misconduct Office of the Independent Assessor 8 June 2020 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 information obtained by the OIA does not raise a reasonable suspicion of inappropriate conduct or misconduct.

* 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