October 4, 2022
South Burnett councillors have unanimously endorsed a motion clearing Cr Jane Erkens of inappropriate conduct.
It had been alleged that on June 6 this year, Cr Erkens had made an inappropriate statement to a business owner in Nanango.
This was just weeks after her by-election victory in Division 1.
At the Ordinary Meeting of the South Burnett Regional Council last Wednesday, councillors considered a report from the Office of the Independent Assessor in regards to the allegation.
They agreed there was insufficient information to substantiate – on the balance of probabilities – that Cr Erkens had made an inappropriate statement, so the allegation of a breach of behavioural standards was not substantiated.
They voted unanimously to take no further action in relation to the complaint.
Cr Erkens was absent for the vote.
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The latest complaint was one of nine which have been formally lodged against alleged activities by South Burnett councillors so far this year.
All have been dismissed:
- March 21 – It was alleged a Councillor breached a policy of Council when participating in a media interview. The OIA decided to take no further action on the basis that the Councillor was authorised under policy to undertake the interview on behalf of Council and the statements made did not raise a reasonable suspicion of inappropriate conduct or misconduct.
- March 21 – It was alleged that a Councillor engaged in misconduct by breaching Council’s Acceptable Requests Guidelines policy. The OIA decided to take no further action on the basis that taking further action would be an unjustifiable use of resources. The actions of the councillor were believed to come within the terms of the policy that relate to a Councillor assisting a member of the community with a request for service, rather than a request for advice or information under Section 170A of the Act. The policy was found to be ambiguous when applying such circumstances. It has been recommended that Council reconsider this policy to remove the ambiguity for the future.
- May 11 – It was alleged that a Councillor breached the Acceptable Request Guideline to obtain information presented at a Standing Committee Meeting. The OIA decided to take no further action on the basis that the alleged conduct did not raise a reasonable suspicion of inappropriate conduct or misconduct. Inquiries confirmed the Councillor had been provided with a formal opportunity to discuss issues with senior managers, which would not breach Council’s acceptable request guidelines.
- May 12 – It was alleged a Councillor made an inappropriate social media post about an upcoming vote at an Ordinary Council meeting. The OIA dismissed this matter after reviewing the post, which was not considered to amount to inappropriate conduct or misconduct.
- May 14 (two complaints) – It was alleged that two Councillors engaged in inappropriate conduct on the basis that posts by them made on social media led to bullying and harassment of another Councillor. The OIA dismissed this matter as the conduct did not raise a reasonable suspicion of inappropriate conduct or misconduct. The OIA also looked through the relevant social media accounts to establish whether there were any posts that may be in breach the Act. The posts were found to contain information that was already publicly available, and the language used, while assuming strong positions on Council issues, were not considered to amount to inappropriate conduct or misconduct.
- August 15 – A Councillor was alleged to have been rude and arrogant to emergency services workers at an incident they were attending. The OIA dismissed this matter as the alleged conduct did not raise a reasonable suspicion of inappropriate conduct or misconduct within the meaning of the Act. The complaint was made anonymously with no supporting evidence. Attempts were made by the OIA to identify any witness to the alleged incident. No witness could be found.
- September 13 – It was alleged a Councillor defamed a community leader in an email sent to all Councillors and Council executive. The OIA decided to take no further action on the basis that the conduct did not raise a reasonable suspicion of inappropriate conduct or misconduct. The Councillor made comments not inconsistent with views already expressed widely in the media.
All the complaints were considered by the State Government’s Office of the Independent Assessor (OIA) before being rejected.
- External link: SBRC Outcome Of Complaints
- Related article: High Cost Of Complaints Revealed
