LGAQ Backs Changes To
Council Complaints Process

Cr Damien Tessmann What Led Up To Today’s Motions In January, South Burnett councillor Damien Tessmann was fined $1000 by the Regional Conduct Review Panel after a complaint was lodged against him by Windera resident Ralph Percy. In November 2012, Mr Percy alleged Cr Tessmann had provided misleading information to fellow councillors at a Council meeting in June or July that year regarding the Adermann family’s support for the sale of a portion of Adermann Park in Kingaroy to St John’s Lutheran School. Mr Percy also alleged Cr Tessmann had not engaged in meaningful community consultation. The Panel rejected half of Mr Percy’s complaint but found “on the balance of probabilities” Cr Tessmann had misled fellow councillors. Cr Tessmann denied this, saying the Adermann family’s views had been contained in an email he had circulated to all councillors prior to the meeting. The email had not been tabled at the Council meeting due to privacy concerns, he said. When the Panel handed down its findings in January, Cr Tessmann tried to appeal the decision on the grounds that he had not been given the opportunity to present this evidence. But under the current Act, the Panel’s decision could not be appealed. In February, Cr Tessmann paid the $1000 fine and made a public apology at the SBRC’s public meeting in accordance with the Panel’s instructions. southburnett.com.au understands the substance of this apology is now subject of another complaint which has been lodged against Cr Tessmann.

October 30, 2014

The Local Government Association of Queensland’s annual State Conference in Mackay today endorsed two motions put up by the South Burnett Regional Council aimed at updating the complaints process against councillors.

Council representatives from all over Queensland overwhelmingly endorsed both motions which call on the State Government to make changes to the Local Government Act.

South Burnett Mayor Wayne Kratzmann said the first motion, if adopted by the government, would empower Council Chief Executive Officers to carry out a preliminary assessment on the validity of a complaint lodged against a councillor.

At the moment, most complaints are automatically referred to the Department of Local Government’s Regional Conduct Review Panel (RCRP) who then must conduct an investigation.

The cost of that investigation – which is usually about $9000 – is billed back to Council, even if the complaint is dismissed.

“If the CEO can say after a preliminary investigation that the complaint is improbable, there would be no real cost to ratepayers,” Mayor Kratzmann said.

The second motion would ensure a councillor who is being investigated would have the right to appear before the Panel, and would have the right to appeal a Panel decision. Mayor Kratzmann said this motion was endorsed with no debate.

The two motions were among 118 considered by the LGAQ State Conference.

Cr Damien Tessmann said today it felt good to have validation from the other councils in Queensland that reform is needed.

“A number of councillors and mayors have contacted me, giving me their support and telling me stories,” he said.

“This is a problem that is not just isolated to the South Burnett. I believe the vote was overwhelming which makes a big statement … and will put pressure on the Minister to act.”

Cr Tessmann said he had lobbied as many people as he could about the issue.

“Every step I have taken I have had positive replies,” he said.

“Change comes slowly, I guess, but I will keep banging away.”

Cr Tessmann said it was great to get the endorsement from the LGAQ that there was a problem to be solved, but it was also nice to get support from members of the community.

“Now we will see what happens,” he said.

* * *

The motions:

Submitted by the South Burnett Regional Council:

That the Local Government Association of Queensland request the State Government amend the Local Government Act 2009 section 176B (4) relating to a chief executive officer’s and/or a Department’s chief executive’s requirement to undertake a ‘preliminary investigation’ of a complaint received by providing guidelines on the process to follow when conducting a preliminary investigation.

* * *

Submitted by the SBRC and Lockyer Valley Regional Council:

That the Local Government Association of Queensland call on the State Government to strengthen the Local Government Act 2009 by applying principles of ‘natural justice’ for democratically elected representatives of Australia’s third level of government by allowing:

(a) A councillor to appear as of right before a Regional Conduct Review Panel hearing to respond to a complaint made against them to speak on their own behalf through an amendment to Section 179(4) of the Act; and

(b) An ability to appeal through either the Queensland Civil & Administrative Tribunal, or some kind of appeal mechanism deemed appropriate by the Minister for Local Government through an amendment to Section 176(9) of the Local Government Act 2009.

Related articles:

• Councillors Call For Natural Justice
• LNP Delegates Back Review Of Council Complaints Process
• Councillor Apologises But Still Defiant
• Councillor Adamant He Has Done Nothing Wrong
• Councillor Ordered To Pay $1000 Fine

  Council