Ombudsman says council chief executive ‘did not act honestly’ over backdating letter

A council executive could lose his job for misconduct after the state ombudsman found he “did not act honestly” over a backdated Covid-19 letter.

A council chief executive who “panicked” before fabricating a letter about Covid-19 to a medical clinic could lose his job for official misconduct.

State Ombudsman Wayne Lines has found Northern Areas Council boss Colin Byles “did not act honestly, ethically or with integrity” when he “backdated” the letter after telling Mayor Ben Browne it had been sent.

Elected members on Tuesday will discuss legal advice they obtained after Mr Lines recommended Mr Byles, 66, should face disciplinary action over the incident – the second time in 12 months he has committed misconduct by altering council documentation.

Mr Lines said Mr Byles had told him he had “panicked” because he had been under pressure from Mr Browne over the previous investigation, which resulted in him having to reapply for his job last October.

The latest situation had involved a letter from a medical clinic criticising the council’s handling of Covid-19 restrictions in the Mid North.

Mr Browne asked Mr Byles – at a council meeting last December – if a reply had been sent after the clinic told a local media outlet it had not heard back from the council.

In a statement to Mr Lines, Mr Byles said that when he told the meeting the letter had been sent, he was asked by Mr Browne to forward him a copy.

“When I returned to my office after the council meeting and went to forward a copy of the letter to the mayor, I was astonished to find that I had not sent a reply,” he said.

“I must have thought I had replied. I panicked and created a reply letter, backdated it and sent this to the mayor.”

Mr Byles said he was concerned “with all the issues that had occurred in the last 12 months, and with the mayor pressuring me since the time I was not offered a contract, I did not need any more problems. (It was) an error in judgment when under pressure.”

Mr Lines said while he accepted Mr Byles may have felt “under particular pressure” due to the previous findings of misconduct against him, it did not “provide justification for his actions or lessen their severity”.

“To the contrary, I consider that the severity of Mr Byles’ actions is increased in circumstances where he has engaged in similar conduct to avoid any further disciplinary action from the council,” his report said.

Mr Lines said such misconduct “undermines trust in the council, sets a poor example for staff and raises questions about his fitness for the role”.

Contacted for comment, Mr Browne said the council had received legal advice about the findings against Mr Byles, which included the option of terminating his contract.

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