2023 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

10 March 2023 Not included pursuant to s150DZ It is alleged a councillor has engaged in inappropriate conduct by providing false information about a resident to an external review agency. Inappropriate conduct or misconduct OIA 23 March 2023 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 conduct does not appear to relate to the roles and responsibilities of a councillor, and therefore would not come under the OIA’s jurisdiction.

3 April 2023 Not included pursuant to s150DZ It was alleged a councillor made a false and misleading statement on social media about councillor entitlements. Inappropriate conduct or misconduct OIA 19 April 2023 Dismissed The OIA dismissed this matter pursuant to section 150X(b)(i) of the Local Government Act 2009 (the Act) as the complaint was considered to be vexatious.
16 May 2023 Not included pursuant to s150DZ It was alleged a Councillor engaged in inappropriate conduct by announcing in the media that they were taking long service leave and switching off the social media accounts. Inappropriate conduct or misconduct OIA 31 May 2023 Dismissed The OIA dismissed this matter pursuant to section 150X(b)(i) of the Local Government Act 2009 as the complaint was considered to be vexatious.
17 May 2023 Not included pursuant to s150DZ It was alleged a councillor had
engaged in misconduct by not declaring a conflict of interest in particular matters before Council.
Misconduct OIA 31 May 2023 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. Enquiries did not identify any matter that had come before council for a decision that related to the particular entities nominated in the complaint.
20 June 2023 Not included pursuant to s150DZ It is alleged a councillor engaged in inappropriate conduct when participating in a video conference discussion with external stakeholders and council officers about a new council facility. Inappropriate conduct or misconduct OIA 30 June 2023 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. Enquiries were made with a direct witness who participated in the meeting and whilst the discussions were robust and emotive, they did not support the notion that the councillor’s conduct would be in breach of the Act.
22 June  2023 Not included pursuant to s150DZ It is alleged a councillor engaged in inappropriate conduct at a community consultation to discuss planned improvements to a council facility. Inappropriate conduct OIA 20 July  2023 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 within the meaning of the Act.

Enquiries were made with direct witnesses who were at the meeting and whilst the discussions were robust and became personal, they did not support the notion that the councillor’s conduct would be in breach of the Act.

02 February 2023

07 February 2023

Not included pursuant to s150DY(3) It is alleged that a Councillor breached s150K(1)(b) of the Local Government Act 2009 by failing to comply with Council Policy. Inappropriate conduct Council 26 July 2023 That the Councillor has not engaged in inappropriate conduct. At the Ordinary Meeting on 26 July 2023 Council resolved (60/2023) to adopt recommendations made at the City Governance Committee on 19 July 2023, this included that the Councillor has not engaged in inappropriate conduct.
28 August  2023 Not included pursuant to s150DZ It was alleged that a councillor exceeded the speed limit on an area of a road where the speed limit was reduced for roadworks. Inappropriate conduct OIA 15 September 2023 Dismissed The OIA dismissed this matter pursuant to section 150X(a)(ii) of the Local Government Act 2009 (the Act), as the matter falls outside of the OIA’s jurisdiction under the Act.
13 September  2023 Not included pursuant to s150DZ It was alleged that a councillor’s communications with a resident about road works have not come to fruition despite 10 years of requests. Inappropriate conduct OIA 29 September 2023 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 amount to inappropriate conduct or misconduct as defined by the Act.
 
Responsibility for dealing with individual works requests sits with the operational arm of council. The responsibility for Councillors is to apply strategic level considerations for the benefit of the whole of the local government area.
19 September 2023 Not included pursuant to s150DZ It was alleged a councillor mislead and misrepresented information at an ordinary council meeting. Inappropriate conduct OIA 28 September 2023 Dismissed The OIA dismissed this matter pursuant to section 150X(a)(ii) of the Local Government Act 2009. The Councillor’s conduct does not raise a reasonable suspicion of inappropriate conduct or misconduct. On the basis that the referred to data was quoted from official council systems and information provided by council operational staff.
6 September 2023 Not included pursuant to s150DZ It was alleged that a councillor failed to respond to communication from a resident in their division for a period of twelve months and the resident did not receive any response from the councillor or council in relation to correspondence hand-delivered to the councillor’s office in the last three months. Inappropriate conduct OIA 27 September 2023 Dismissed The OIA dismissed this matter pursuant to section 150X(a)(ii) of the Local Government Act 2009 on the basis the conduct does not raise a reasonable suspicion of inappropriate conduct or misconduct. The OIA was provided information from council which showed there had been various interactions between the resident and council as well as a meeting with the councillor between March and September 2023.
 
29 September 2023 Not included pursuant to s150DZ It was alleged that a member of the public was attending community events on behalf of a Councillor. Inappropriate conduct OIA 29 September 2023 Dismissed The OIA decided to take no further action 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. A member of the public attended community events but was not acting as a councillor during those events..
27 September  2023 Not included pursuant to s150DZ It is alleged a councillor mislead the community in a video. Inappropriate conduct OIA 27 September 2023 Dismissed The OIA dismissed this matter pursuant to section 150X(a)(ii) of the Local Government Act (the Act). The conduct does not raise a reasonable suspicion of inappropriate conduct or misconduct within the meaning of the Act. On the basis that the video was posted in February 2022 and no misleading information was said in the video.
28 September 2023 Not included pursuant to s150DZ It is alleged a councillor failed to declare a conflict of interest in relation to a development application Inappropriate conduct OIA 28 September 2023 Dismissed The OIA dismissed this matter pursuant to section 150X(a)(ii) of the Local Government Act (the Act) the conduct does not raise a reasonable suspicion of inappropriate conduct or misconduct within the meaning of the Act. This decision was made on the basis that there was insufficient connection between the councillor’s interest and the matter before council to raise a conflict of interest.
03 October 2023 Not included pursuant to s150DZ
It is alleged that a Councillor failed to declare an advertising gift paid for by a third party; and
 
It is alleged that a councillor received a personal gain by receiving advertising from a third party after using their discretionary funding
Inappropriate conduct OIA 03 October 2023 Dismissed The OIA dismissed this matter pursuant to section 150X (a)(ii) of the Local Government Act 2009 as the conduct does not a raise a reasonable suspicion of inappropriate conduct or misconduct. The ’advertisement’ was an acknowledgement of the councillor’s involvement in a community activity placed by a community organisation under their usual procedures. The councillor was not a party to the decision to do so. The discretionary funding was provided in compliance with council policy and procedure.
27 September 2023 Not included pursuant to s150DZ
It was alleged that a councillor engaged in misconduct through the misuse of a Facebook page and private website; and
 
It was alleged that a councillor engaged in inappropriate conduct by publicly misleading the community on a website.
Inappropriate conduct OIA 27 September 2023 Dismissed The OIA dismissed this matter pursuant to section 150X(c)(ii) of the Local Government Act 2009 [the Act] as further dealing with the complaint would be an unjustifiable use of resources on the basis the use of the media platforms was not inconsistent with the Act or policy.
10 October 2023 Not included pursuant to s150DZ
It is alleged a councillor breached a council local law when conducting council related business; and,
 
It is alleged a councillor breached a council local law when conducting council related business.
Inappropriate conduct OIA 10 October 2023 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 considered that both allegations related to a potential breach of a council local law which would be the jurisdiction of Council compliance officers to enforce. The information provided in the complaint did not contain sufficient particulars to evidence whether a breach in fact occurred or not.
11 October 2023 Not included pursuant to s150DZ It is alleged a councillor had directed council staff to attend to a council related issue. Inappropriate conduct OIA 11 October 2023 Dismissed The OIA dismissed this matter pursuant to section 150X(b)(i) of the Local Government Act 2009 (the Act) as I am satisfied that the complaint is vexatious. The OIA noted that, based on the issue being raised by a resident, the Councillor’s Office logged the issue with the operational arm of Council to address, which was appropriate, and did not amount to a direction within the meaning of the Act.
1 October 2023 Not included pursuant to s150DZ It is alleged a councillor breached council policies by using social media to promote the council’s budget. Inappropriate conduct OIA 24 October 2023 Dismissed The OIA dismissed this matter pursuant to section 150X (c)(ii) because further dealing with this complaint would be an unjustifiable use of resources. This was on the basis that the alleged video was already publicly published by council, and the conduct did not involve a council device.
11 October 2023 Councillor Teresa Lane It was alleged a councillor breached the code of conduct for Queensland when posting on the councillor’s social media page about a council issue Inappropriate conduct OIA 25 October 2023 Dismissed The OIA dismissed this matter pursuant to section 150X(b)(i) of the Local Government Act 2009 (the Act) as I am satisfied that the complaint was vexatious. The complaint made broad assumptions and contained no substantive fact.
13 October 2023 Councillor Jon Raven It was alleged a councillor inappropriately represented council to a business and community group. Inappropriate conduct OIA 25 October 2023 Dismissed The OIA dismissed this matter pursuant to section 150X(b)(i) of the Local Government Act (the Act) because the complaint is considered to be vexatious on the basis that the councillor’s actions were in line with the duties expected of an elected council member representing the community.
18 October 2023 Not included pursuant to s150DZ It was alleged a councillor failed their duties as a councillor by not attending community events. Inappropriate Conduct OIA 25 October 2023 Dismissed The OIA dismissed this matter pursuant to section 150X(a)(ii) of the Local Government Act 2009 [the Act]. The conduct does not raise a reasonable suspicion of inappropriate conduct or misconduct on the basis that attending specific community events is a councillor choice and does not form part of their statutory responsibilities as a councillor, which require councillors to strategically act for the benefit of the whole of the local government area.
11 October 2023 Not included pursuant to s150DZ It is alleged a councillor failed to update the Councillor’s Register of Interests. Inappropriate Conduct OIA 26 October 2023 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.
29 November 2023 Not included pursuant to s150DZ It was alleged a councillor misled the public in relation to Council funding projects within their electorate. Inappropriate Conduct OIA 3 November 2023 Dismissed The OIA dismissed this matter pursuant to section 150X(a)(ii) of the Local Government Act (the Act) as the conduct does not raise a reasonable suspicion of inappropriate conduct or misconduct within the meaning of the Act. The website was a personal site designed for the councillor as a candidate for the 2024 local government elections. The comments of achievements were preceded by overarching statements about ‘advocating’ and ‘collaboration’, which would not lead to the subsequent list of achievements considered false or misleading.
29 October 2023 Not included pursuant to s150DZ It is alleged a councillor breached the Code of Conduct for Councillors ins Queensland, by misusing Council provided resources at a community event. Inappropriate Conduct OIA 03 November 2023 Dismissed The OIA dismissed this matter pursuant to section 150X(b)(i) of the Local Government Act (the Act) as the complaint was considered to be vexatious.
29 October 2023 Councillor Natalie Willcocks It is alleged a councillor breached the Code of Conduct for Councillors ins Queensland, by misusing Council provided resources at a community event. Inappropriate Conduct OIA 03 November 2023 Dismissed The OIA dismissed this matter pursuant to section 150X(b)(i) of the Local Government Act (the Act) as the complaint was considered to be vexatious
17 October 2023 Not included pursuant to s150DZ It was alleged a councillor used Council resources for re-election purposes. Inappropriate Conduct OIA 3 November 2023 Dismissed The OIA dismissed this matter pursuant to section 150X(b)(iii) of the Local Government Act (the Act) as the complaint lacked substance or credibility. The complaint lacked sufficient detail to conduct investigations to identify if inappropriate conduct or misconduct had potentially occurred.
31 October 2023 Not included pursuant to s150DZ It is alleged a councillor breached the Code of Conduct for Councillors in Queensland by not declaring an election related expense. Inappropriate Conduct OIA 9 November 2023 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 reasonable suspicion of inappropriate conduct or misconduct. The OIA reviewed the complaint and did not consider the referenced expense as election related.
8 November 2023 Not included pursuant to s150DZ It was alleged a councillor sent an email internally within Council that contained personal details of individuals. Inappropriate Conduct OIA 9 November 2023 Dismissed The OIA dismissed this matter pursuant to section 150X(c)(ii) of the Local Government Act 2009 on the basis that further dealing with the matter would be an unjustifiable use of resources. The email was not sent outside Council’s email system and the conduct appeared to be inadvertent. The councillor has been provided caution to avoid this occurring in the future.
31 October 2023 Not included pursuant to s150DZ It is alleged a councillor breached the Code of Conduct for Councillors in Queensland by not declaring an election related expense. Inappropriate Conduct OIA 8 November 2023 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 reviewed the complaint and found that the publication was personally funded by the councillor.
27 October 2023 Not included pursuant to s150DZ It is alleged a councillor continued communicate with council officers relating to matters that had been raised as a conflict of interest. Inappropriate Conduct OIA 10 November 2023 Dismissed 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. The interactions in question do not reach the threshold of inappropriate conduct.
1 November 2023 Not included pursuant to s150D It was alleged a councillor failed correctly complete their register of interests (ROI). Inappropriate Conduct OIA 10 November 2023 Dismissed The OIA dismissed this matter pursuant to section 150X(c)(ii) of the Local Government Act. On the basis that further dealing with this complaint would be an unjustifiable use of resources. Correspondence with council revealed that the councillor’s ROI had not been uploaded correctly and has now been corrected.

* 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)