Former Onkaparinga Council chief Mark Dowd found to have committed misconduct
Ombudsman Wayne Lines has found former Onkaparinga Council chief Mark Dowd committed misconduct when he accepted a free trip to Brisbane to attend a technology conference.
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Former Onkaparinga Council chief executive Mark Dowd committed misconduct when he accepted a partially paid for trip to Brisbane by a software company seeking a contract to upgrade the council’s computer systems, Ombudsman Wayne Lines has found.
In a report released today, Mr Lines has determined that Mr Dowd breached the code of conduct for council employees and therefore committed misconduct in public administration when he accepted tickets to a conference paid for by software company TechnologyOne.
The report, dated August 30, has only just been released as Mr Dowd had initiated legal action against the Ombudsman in the Supreme Court – which has now been resolved.
It relates to a conference Mr Dowd attended in Brisbane in October 2016 during which TechnologyOne paid for his $2255 conference ticket and three-nights accommodation at an up-market hotel.
The council paid $1959 for Mr Dowd’s business class travel and was reimbursed $538 – the price of economy flights – by TechnologyOne.
During this time, Onkaparinga was considering whether to purchase a software package, which is offered by the company, and has since agreed to purchase $16.2 million worth of specialist computer programs from TechnologyOne.
“It is my final view that by accepting a gift or benefit from TechnologyOne Ltd in circumstances where that gift could reasonably have been perceived as intended to influence him in carrying out his public duty, Mr Mark Dowd contravened clause 2.19.2 of the Code of Conduct for Council Employees, thereby committing misconduct in public administration for the purposes of section 5(3)(a) of the ICAC Act,” Mr Lines said.
“I emphasise that the impropriety in Mr Dowd’s attendance at the conference stems from
his doing so at the expense of TechnologyOne.
“There was, in my view, no impediment to Mr Dowd attending the conference and researching TechnologyOne’s product at the expense of the council.”
According to the report, Mr Dowd disagreed with the findings saying it was “predicated on what a reasonable, fair-minded layperson could reasonably have perceived to be the case, not the actual reality of the matter”.
He argued that it was “appropriate” for him to accept TechnologyOne’s invitation as it allowed him to examine the software and speak with other business leaders about the “pros and cons” of installing it.
In response to allegations that Mr Dowd had failed to inform elected members of the “gift”, Mr Lines did not find there had been misconduct.
Mr Dowd included it on the council’s employee’s gifts and benefits register and said he had discussed it with councillors at a meeting as well as a workshop in 2017.
In response to his findings, Mr Lines has recommended the council “issue a reprimand” to Mr Dowd.
The past two years of Mr Dowd’s leadership at the council were shrouded in controversy after it was revealed that ratepayers had forked out $6818 for a membership at the prestigious Kooyonga Golf Club, at Lockleys, in 2017.
He later agreed to repay the money.
FOI documents later revealed that council staff had spent $70,000 of ratepayers money in 18 months on expensive Apple products – including an Apple Watch for Mr Dowd – flowers, hotel rooms, booze and an Adelaide Oval roof climb resulting in an investigation by Mr Lines into the council’s credit card spending last year.
That report is yet to be released.