March 22, 2022
South Burnett councillor Kathy Duff has described as “crazy” the fact she has now been twice investigated for alleged misconduct when she was just trying to help her community.
The first complaint – lodged after she arranged for flowers to be planted in a Kingaroy park ahead of a Remembrance Day ceremony – cost her $3000 in legal fees before it was eventually dismissed last year.
The second complaint, dismissed by the Office of the Independent Assessor (OIA) on Monday afternoon, involved her arranging for keys for Murgon Town Hall to be provided to a local pastor for a church service.
Cr Duff told southburnett.com.au she had contacted the Local Government Association of Queensland for advice after the second complaint was raised.
She believes the LGAQ then took her case to the media however she had already spent “probably $1000” on legal fees for her defence ahead of the Courier-Mail newspaper publishing details of the complaint on Tuesday.
Cr Duff said she had been a councillor for 18 years.
In 2019, she was awarded the prestigious Butch Lenton Memorial Bush Councils Innovation Award at the annual LGAQ conference, recognising her contribution to the community.
“(LGAQ president) Mark Jamieson said I was a model councillor, that I was all about community,” Cr Duff said.
Cr Duff said “misconduct” should be about “lining one’s pockets”, not trying to help the community fix a problem.
“Twice I was trying to do something because of the community, and I have been accused of misconduct,” she said.
“To spend resources (on investigating these sorts of complaints) is just ludicrous.”
Cr Duff admitted the two complaints of misconduct had taken a toll, with the first one left hanging over her head for months before the OIA decided to take no further action.
A representative of the OIA reportedly told the Courier-Mail the second complaint should have never gone that far, but it “lacked resources” and “stringent laws had held up its ability to dismiss the case earlier”.
southburnett.com.au approached SBRC CEO Mark Pitt but he declined to comment on the complaints process.
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Editorial
by Anne Miller
A Parliamentary inquiry into the functions of the OIA is under way after widespread criticism of the current system for handling complaints against councillors.
Councils must publish the outcomes of complaints in a register – the South Burnett Regional Council’s register is online – but neither the names of the councillors or the identity of the person who lodged the complaint are included.
In most cases, the councillor is not aware who has lodged the complaint – whether it is a member of a local action group with a genuine issue, a political opponent or simply someone with a grudge.
In one case listed on the SBRC register, the OIA noted “there were reasonable indications that the complainant in this matter was a fictitious identity”.
In May last year a suggestion was put forward that a $200 “complaint fee” be imposed.
Mt Isa City Council wanted to charge people who lodged false or frivolous complaints against councils a $200 fee for unnecessarily running up ratepayer costs.
If complaints were upheld – fully or partially – the $200 fee would be refunded.
Complaints about operational matters such as fallen trees, potholes or missed garbage collections would not attract any fee.
There were also calls that the OIA automatically dismiss complaints made anonymously.
southburnett.com.au agrees with Cr Duff. The current system IS crazy.
No one should have a problem with councillors being investigated for snuggling up with developers, turning a blind eye to breaches of by-laws, abusing ratepayers or approving tenders submitted by their mates … but that’s a long chalk away from helping to unlock a hall.
Honestly, who would want to be a councillor? You really would have to be crazy …
- Related article: LGAQ To Debate $200 ‘Complaint Fee’
[UPDATED with correction]
