2019 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 |
|---|---|---|---|---|---|---|---|
| 14 March 2019 | Not included pursuant to s150DY(3) | It is alleged that a Councillor made dishonest, unprofessional and unbecoming comments on social media. | Inappropriate conduct or misconduct | Office of the Independent Assessor | 9 April 2019 | Dismissed | The OIA delegate made the decision to dismiss the complaint as it did not constitute inappropriate conduct or misconduct as per section 150X(a)(ii) of the Local Government Act. |
| 21.03.19 | Not included pursuant to s150DY(3) | It is alleged that a Councillor failed to declare a conflict of interest at a council meeting on 12 March 2019. | Inappropriate conduct or misconduct | Office of the Independent Assessor | 12.04.19 | No further action | No further action pursuant to section 150Y(b)(iii) of the Local Government Act 2009 on the basis that the Councillor subsequently self-notified these matters making the OIA initiated investigation a duplication and unnecessary. |
| 22 March 2019 | Not included pursuant to s150DY(3) | It is alleged that a Councillor engaged in bullying and intimidating behaviour towards another Councillor on two occasions on 11 March 2019 and 13 March 2019 | Inappropriate conduct or misconduct | Office of the Independent Assessor | 24 april 2019 | No further action | No further action pursuant to section 150Y(b)(i) of the Local Government Act 2009 on the basis that the conduct did not constitute inappropriate conduct or misconduct. Additional information obtained by the OIA from an independent witness did not support the allegations made. |
| 26 April 2019 | Not included pursuant to s150DY(3) | It was alleged that a Councillor covertly, and without authorisation, recorded confidential council meetings. | Inappropriate conduct or misconduct | Office of the Independent Assessor | 30 April 2019 | No further action | The OIA decided to take no further action in relation to the complaint pursuant to section 150Y(b)(iii) of the Local Government Act 2009. The matter had already been dealt with by the Local Government Regional Conduct Review Panel. |
| 27 February 2019 | Not included pursuant to s150DY(3) | It is alleged that a Councillor breached the Public Records Act 2002 via the use of a closed social media group. | Inappropriate conduct or misconduct | Office of the Independent Assessor | 9 May 2019 | No further action | The OIA decided to take no further disciplinary action in relation to the complaint pursuant to section 150Y(b)(iii) of the Local Government Act 2009. Taking further action was considered an unjustifiable use of resources and not in the public interest as the subject Councillor is no longer a Councillor of Logan City Council and is subject to more serious criminal charges which are currently before the courts. |
| 25 March 2019 | Not included pursuant to s150DY(3) | It is alleged that a Councillor breached the Public Records Act 2002 via the use of a closed social media group. | Inappropriate conduct or misconduct | Office of the Independent Assessor | 9 May 2019 | Dismissed complaint | The OIA decided to dismiss the complaint pursuant to section 150X(c)(i) of the Local Government Act 2009 on the basis that it would not be in the public interest to further investigate this disciplinary matter as the subject Councillor is no longer a Councillor of Logan City Council and is subject to more serious criminal charges which are currently before the courts. |
| 22 June 2019 | Not included pursuant to s150DY(3) | It was alleged that Council misled residents by providing misinformation in relation to the construction of a waste water treatment plant in Chambers Flat. | Inappropriate conduct or misconduct | Office of the Independent Assessor | 2 July 2019 | Dismissed complaint | The OIA delegate made the decision to dismiss the complaint on the basis that it was not considered to be inappropriate conduct or misconduct in relation to a specific Councillor, and did not fall under the jurisdiction of the OIA. |
| 18 June 2019 | Not included pursuant to s150DY(3) | It was alleged that a Councillor:
|
Inappropriate conduct or misconduct | Office of the Independent Assessor | 3 July 2019 | No further action | The OIA delegate made the decision to dismiss the complaint pursuant to section 150Y(b)(ii) of the Local Government Act 2009 on the basis that there was insufficient information to properly investigate the conduct or form an opinion that the conduct is, or may be, inappropriate conduct or misconduct. It is also noted that proceedings in question were a matter of public record. |
| 21 June 2019 | Not included pursuant to s150DY(3) | It was alleged that a former Councillor failed to declare a conflict of interest when they attended Council meetings when expenditure in relation to leasing a new Council premises was discussed and voted on. It was alleged that the Councillor had received donations towards their 2015 election campaign from a real estate agent who was selected by Council to manage the lease negotiations for the proposed new Council premises. | Inappropriate conduct or misconduct | Office of the Independent Assessor | 5 July 2019 | No further action | The OIA delegate made the decision to dismiss the complaint on the basis that it was not in the public interest to pursue a disciplinary matter given that the Councillor’s employment as a Councillor has been terminated, and the former Councillor is the subject of criminal prosecution for disqualifying offences. |
| 12 June 2019 | Not included pursuant to s150DY(3) | It was alleged that a Councillor’s computer hard drive and mobile device contained concerning material after Council staff retrieved the equipment to ensure Council files were saved as per the Records Act. | Inappropriate conduct or misconduct | Office of the Independent Assessor | 10 July 2019 | No further action | The OIA delegate made the decision not to take further action in relation to the complaint as it was determined it was not inappropriate conduct or misconduct. The Councillor provided a statement that the concerning material was part of a report from a member of the community regarding suspected illegal conduct by another member of the community. |
| 12 June 2019 | Not included pursuant to s150DY(3) | It was alleged that a former Councillor’s computer hard drive and mobile device contained two images of naked or semi-naked adults after Council staff retrieved the equipment to ensure Council files were saved as per the Records Act. | Inappropriate conduct or misconduct | Office of the Independent Assessor | 16 July 2019 | No further action | The OIA delegate made the decision to take no further action in relation to the complaint as, in the broader circumstances of this case, it would not be a justifiable use of resources to do so. |
| 25 April 2019 | Not included pursuant to s150DY(3) | It was alleged that a Councillor made recordings of legal briefings and 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. |
| 25 April 2019 | 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. |
| 25 April 2019 | Not included pursuant to s150DY(3) | It was alleged that a Councillor made recordings of legal briefings and 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. |
| 25 April 209 | 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. |
| 25 April 2019 | Not included pursuant to s150DY(3) | It was alleged that a Councillor made recordings of legal briefings and 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. |
| 25 April 2019 | 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. |
| 25 April 2019 | Not included pursuant to s150DY(3) | It was alleged that a Councillor made recordings of legal briefings and 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. |
| 25 April 2019 | 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. |
| 05 June 2019 | Not included pursuant to s150DY(3) | It was alleged that:
|
Inappropriate conduct or misconduct | Office of the Independent Assessor | 21 October 2019 | No further action |
The OIA made the decision to take no further action pursuant to section 150Y(b)(i) of the Local Government Act 2009 and that the conduct does not constitute inappropriate conduct or misconduct. An investigation identified that there was no clear policy guidance on the use of this Council resource by Councillors for divisional newsletters, and informal advice from local government staff indicated it was an accepted practice. |
| 23 October 2019 | Not included pursuant to s150DY(3) | It was alleged that Logan City Council wrongly established a Body Corporate in relation to a parcel of land located at the Daisy Hill Forest. It was further alleged that the properties may not meet the requirements for a Body Corporate and that there was a lack of firebreak protecting the Body Corporate properties. | Inappropriate conduct or misconduct | Office of the Independent Assessor | 4 November 2019 | No further action |
The OIA made the decision to dismiss the complaint on the basis that it does not constitute inappropriate conduct or misconduct as defined in section 150X(a)(ii) of the Local Government Act 2009. The complaint relates to decisions made by Council as a whole rather than specific Councillors and does not fall within the OIA’s jurisdiction. |
| 25 March 2019 | Not included pursuant to s150DY(3) | It was alleged that Councillors used a closed social media group that involved discussions in a disrespectful manner about other Councillors. | Serious Misconduct | Office of the Independent Assessor | 3 March 2020 | Dismissed the complaint |
In relation to the complaint from a member of the public, the OIA dismissed this matter pursuant to section 150X(c)(i) of the Local Government Act 2009 as further dealing with the matter will not be in the public interest. The Councillors in question are facing an outstanding criminal matter and did not nominate in the 2020 local government election. |
| 25 March 2019 | Not included pursuant to s150DY(3) | It was alleged that Councillors used a closed social media group that involved discussions in a disrespectful manner about other Councillors. | Serious Misconduct | Office of the Independent Assessor | 3 March 2020 | Dismissed the complaint |
In relation to the complaint from a member of the public, the OIA dismissed this matter pursuant to section 150X(c)(i) of the Local Government Act 2009 as further dealing with the matter will not be in the public interest. The Councillors in question are facing an outstanding criminal matter and did not nominate in the 2020 local government election. |
| 25 March 2019 | Not included pursuant to s150DY(3) | It was alleged that Councillors used a closed social media group that involved discussions in a disrespectful manner about other Councillors. | Serious Misconduct | Office of the Independent Assessor | 3 March 2020 | Dismissed the complaint |
In relation to the complaint from a member of the public, the OIA dismissed this matter pursuant to section 150X(c)(i) of the Local Government Act 2009 as further dealing with the matter will not be in the public interest. The Councillors in question are facing an outstanding criminal matter and did not nominate in the 2020 local government election. |
| 25 March 2019 | Not included pursuant to s150DY(3) | It was alleged that Councillors used a closed social media group that involved discussions in a disrespectful manner about other Councillors. | Serious Misconduct | Office of the Independent Assessor | 3 March 2020 | Dismissed the complaint |
In relation to the complaint from a member of the public, the OIA dismissed this matter pursuant to section 150X(c)(i) of the Local Government Act 2009 as further dealing with the matter will not be in the public interest. The Councillors in question are facing an outstanding criminal matter and did not nominate in the 2020 local government election. |
| 25 March 2019 | Not included pursuant to s150DY(3) | It was alleged that Councillors used a closed social media group that involved discussions in a disrespectful manner about other Councillors. | Serious Misconduct | Office of the Independent Assessor | 3 March 2020 | Dismissed the complaint |
In relation to the complaint from a member of the public, the OIA dismissed this matter pursuant to section 150X(c)(i) of the Local Government Act 2009 as further dealing with the matter will not be in the public interest. The Councillors in question are facing an outstanding criminal matter and did not nominate in the 2020 local government election. |
| 25 March 2019 | Not included pursuant to s150DY(3) | It was alleged that Councillors used a closed social media group that involved discussions in a disrespectful manner about other Councillors. | Serious Misconduct | Office of the Independent Assessor | 3 March 2020 | Dismissed the complaint |
In relation to the complaint from a member of the public, the OIA dismissed this matter pursuant to section 150X(c)(i) of the Local Government Act 2009 as further dealing with the matter will not be in the public interest. The Councillors in question are facing an outstanding criminal matter and did not nominate in the 2020 local government election. |
| 27 February 2019 | Not included pursuant to s150DY(3) | It was alleged Councillors used communication applications to discuss Council business and disposed of these records resulting in a potential breach of the Public Records Act 2002 | Serious misconduct | Office of the Independent Assessor | 3 April 2020 | No further action |
In relation to the complaint from Council, the OIA decided to take no further action pursuant to section 150Y(b)(iii) of the Local Government Act 2009 as taking further action would be an unjustifiable use of resources. The Councillors in question are facing an outstanding criminal matter and have not nominated in the 2020 local government election |
| 27 February 2019 | Not included pursuant to s150DY(3) | It was alleged Councillors used communication applications to discuss Council business and disposed of these records resulting in a potential breach of the Public Records Act 2002 | Serious misconduct | Office of the Independent Assessor | 3 April 2020 | No further action |
In relation to the complaint from Council, the OIA decided to take no further action pursuant to section 150Y(b)(iii) of the Local Government Act 2009 as taking further action would be an unjustifiable use of resources. The Councillors in question are facing an outstanding criminal matter and have not nominated in the 2020 local government election. |
| 27 February 2019 | Not included pursuant to s150DY(3) | It was alleged Councillors used communication applications to discuss Council business and disposed of these records resulting in a potential breach of the Public Records Act 2002 | Serious misconduct | Office of the Independent Assessor | 3 April 2020 | No further action | In relation to the complaint from Council, the OIA decided to take no further action pursuant to section 150Y(b)(iii) of the Local Government Act 2009 as taking further action would be an unjustifiable use of resources. The Councillors in question are facing an outstanding criminal matter and have not nominated in the 2020 local government election. |
| 27 February 2019 | Not included pursuant to s150DY(3) | It was alleged Councillors used communication applications to discuss Council business and disposed of these records resulting in a potential breach of the Public Records Act 2002 | Serious misconduct | Office of the Independent Assessor | 3 April.2020 | No further action | In relation to the complaint from Council, the OIA decided to take no further action pursuant to section 150Y(b)(iii) of the Local Government Act 2009 as taking further action would be an unjustifiable use of resources. The Councillors in question are facing an outstanding criminal matter and have not nominated in the 2020 local government election. |
| 27 February 2019 | Not included pursuant to s150DY(3) | It was alleged Councillors used communication applications to discuss Council business and disposed of these records resulting in a potential breach of the Public Records Act 2002 | Serious misconduct | Office of the Independent Assessor | 3 April 2020 | No further action | In relation to the complaint from Council, the OIA decided to take no further action pursuant to section 150Y(b)(iii) of the Local Government Act 2009 as taking further action would be an unjustifiable use of resources. The Councillors in question are facing an outstanding criminal matter and have not nominated in the 2020 local government election. |
| 28 March 2019 | Not included pursuant to s150DY(3) | It was alleged a Councillor failed to declare a conflict of interest at Council Committee meetings on 22 January 2019 and 12 March 2019 in relation to a family member who was authorised to travel overseas for Council related events. The family member was a Council employee at the time. | Serious misconduct | Office of the Independent Assessor | 20 April 2020 | No further action | In relation to the complaint from a member of the public, the OIA dismissed this matter pursuant to section 150X(c)(i) of the Local Government Act 2009 as further dealing with the matter will not be in the public interest. The Councillor in question is facing an outstanding criminal matter and did not nominate in the 2020 local government election. |
| 17 April 2019 | Not included pursuant to s150DY(3) | It was alleged that at a Council meeting held on 16 April 2019, a Councillor displayed abusive, belittling and condescending behaviour towards a fellow Councillor of the Logan City Council | Serious misconduct | Office of the Independent Assessor | 22 April 2020 | Dismissed the complaint | The OIA dismissed this matter pursuant to section 150X(c)(i) of the Local Government Act 2009 as further dealing on the matter will no longer be in the public interest. The Councillor in question is facing an outstanding criminal matter and did not nominate in the 2020 local government election. |
| 18 April 2019 | Not included pursuant to s150DY(3) | It was alleged that at a Council meeting held on 16 April 2019, a Councillor displayed abusive, belittling and condescending behaviour towards a fellow Councillor of the Logan City Council | Serious misconduct | Office of the Independent Assessor | 22 April 2020 | Dismissed the complaint | The OIA dismissed this matter pursuant to section 150X(c)(i) of the Local Government Act 2009 as further dealing on the matter will no longer be in the public interest. The Councillor in question is facing an outstanding criminal matter and did not nominate in the 2020 local government election. |
| 26 April 2019 | Not included pursuant to s150DY(3) | It was alleged, a Councillor failed to include their principal place of residence on their Councillor register of interests | Serious misconduct | Office of the Independent Assessor | 22 April 2020 | Dismissed the complaint | The OIA decided to take no further action pursuant to section 150X(c)(i) of the Local Government Act 2009 as taking further action would be an unjustifiable use of resources. The Councillor in question is facing an outstanding criminal matter and did not nominate in the 2020 local government election. Also noting the Councillor is unable to rectify their register of interest as they will no longer have access to Council systems to do so. |
| 27 February 2019 | Not included pursuant to s150DY(3) | It was alleged a Councillor used communication applications to discuss Council business and disposed of these records resulting in a potential breach of the Public Records Act 2002 | Serious misconduct | Office of the Independent Assessor | 27 May 2020 | No further action | The OIA decided to take no further action pursuant to section 150Y(b)(iii) of the Local Government Act 2009 as taking further action would be an unjustifiable use of resources. The Councillor in question is facing an outstanding criminal matter and did not nominate in the 2020 local government election. |
* 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)