Jack Dempsey cleared of misconduct allegation

The local government watchdog has cleared Jack Dempsey of a complaint that he favoured the interests of influential political donors when opposing a composting facility.

The local government watchdog has cleared Mayor Jack Dempsey (left) of a long-standing complaint alleging he favoured the interests of influential political donors when opposing a composting facility. Developer John Santalucia is pictured centre.

The local government watchdog has cleared Bundaberg Mayor Jack Dempsey of a long-standing complaint alleging he favoured the interests of influential political donors when opposing a composting facility.

The complaint alleged that Mr Dempsey had failed to declare a conflict of interest when voting against a development application for a composting facility in a November 2016 council meeting.

Prominent developer John Santalucia had opposed the development due its proximity to his Edenbrook master planned community located 500m away.

Bundaberg Brewed Drinks acquired the site of the proposed composting facility for its super brewery in 2018.

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The complaint also alleged Mr Dempsey had engaged in misconduct by failing to declare a conflict of interest in relation to a $1000 donation made by Mr Santalucia to his 2012 state election campaign.

Furthermore, the site for the proposed composting facility at Kay McDuff Drive was acquired by Bundaberg Brewed Drinks in December 2018 for its new super brewery.

The complaint alleged Bundaberg Brewed Drinks CEO John McClean donated $1000 to Mr Dempsey’s successful 2016 mayoral bid just weeks before he opposed the compost facility.

It also alleged Mr Dempsey made comments to councillors at some point in 2016 that he “would not be the mayor that loses Bundaberg Brewed Drinks to Brisbane by not having a site for them to build their Super Brewery”.

The complaint was referred to the Office of the Independent Assessor in February 2022, which handed down a decision withdrawing the complaint in December 2023.

The reasons cited for withdrawing the complaint included:

1. The length of time between the 2012 donation by John Santalucia to Mr Dempsey’s campaign and his opposition to the composting facility in 2016.

2. The length of time between Mr Dempsey’s alleged misconduct in failing to declare a conflict of interest in 2016 and the submission of the complaint in 2020.

3. The “minimal” amount of the donation ($1000).

The complaint alleged influential Bundaberg developer John Santalucia made a donation to Mr Dempsey's state election campaign in 2012, and had written to council opposing the composting facility development prior to Mr Dempsey's opposition to the application in a 2016 council meeting.

Mr Dempsey had received training on managing conflicts of interest since the alleged misconduct occurred. He said the complaint’s withdrawal spoke to the “baseless” nature of the allegations made against him by people “with political affiliations and agendas”.

“In my opinion, the OIA’s decision to use its recently amended powers under the Local Government Act 2009 to withdraw the application to the Councillor Conduct Tribunal reaffirms my belief that the allegations made against me are baseless, fuelled by those with political affiliations and agendas,” he said.

“In my opinion, the OIA’s decision demonstrates that the allegations are an example of blatant weaponisation of the councillor complaints process.

“I believe that manipulation of the councillor complaints process persists as a tactic employed by individuals with ill intent in their continued efforts for political gain.

“I raise the question of accountability – when will those who continually weaponize this process be held to account?

“I am pleased that the OIA, using its amended powers, can now call vexatious complaints out and dismiss them.

“Despite these challenges, my commitment to the Bundaberg Region community remains steadfast.”

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In response to a question asking why training for managing conflicts of interest would be necessary for a politician of Mr Dempsey’s experience, Mr Dempsey said he was party to training assigned to all Queensland councillors.

“Extensive training has been assigned to all councillors across Queensland over the past seven years and I, as a councillor, also received, and going forward, will continue to receive, training alongside all councillors in Queensland,” Mr Dempsey said.