January 25, 2023
A misconduct hearing against a Gympie councillor has shone more light on the sudden departure of Gympie Regional Council CEO Shane Gray.
Mr Gray’s resignation was accepted by councillors at a special meeting called on January 7, 2022.
No reason was given at the time for his decision to resign after just 18 months in the job.
But now a judgment handed by the Councillor Conduct Tribunal against Cr Dan Stewart has confirmed the GRC entered into a Settlement Deed in relation to Mr Gray’s resignation which contained clauses relating to confidentiality “including that both the existence and terms of the Settlement Deed were to remain confidential to the parties”.
This was agreed to during a closed Council meeting on the morning of January 7.
After the meeting reopened to the public, the Councillors simply resolved to accept Mr Gray’s resignation.
The existence of the Settlement Deed was later revealed on Facebook by Cr Stewart.
Replying to a comment “Why is the (staff member) gone? Surely the public are entitled to know?”, Cr Stewart wrote “There is a confidentiality clause as part of the voluntary separation agreement”.
The Councillor Conduct Tribunal ruled Cr Stewart had engaged in misconduct by releasing this fact:
Cr Stewart knew, or should reasonably have known, that the existence of a formal agreement between the (staff member) and Council contained a confidentiality clause and was information that was confidential to council because:
(i) Council had resolved, prior to discussing the (staff member’s) resignation that “all matters and all documents (whether in hard copy, electronic, optical, visual or magnetic form) discussed, raised, tabled and/or considered whilst that meeting is closed and ‘in committee’ are confidential to the Council and the Council wishes to keep them confidential”, and
(ii) The wording of the public resolution did not disclose the existence of the Settlement Deed or the confidentiality clause.
The Tribunal noted this was the third time that Cr Stewart had released confidential Council information on Facebook.
The Tribunal ordered Cr Stewart make a public admission he had engaged in misconduct and attend training – at his own expense within 120 days – to address his conduct, particularly in regards to social media and Facebook posts and measures to safeguard confidential Council information.
It noted Cr Stewart had not contested the matter, had agreed to an expedited hearing and accepted the allegation of misconduct had been made out.
The Facebook comment had also been deleted.
Mr Gray served as Director of Corporate and Financial Services and Deputy CEO at Murgon Shire Council from 2001-2004 and took over as CEO of Nanango Shire Council from 2004 to 2007.
He was then appointed acting CEO of the South Burnett Regional Council in late 2007, tasked with the difficult job of guiding the merger of the former Nanango, Kingaroy, Wondai and Murgon councils into a new, amalgamated body.
He is now CEO at Barcaldine Regional Council.
southburnett.com.au is not making any allegation of misconduct by any other Gympie councillors or Mr Gray.
