Balonne Shire councillor Ian Todd found to have engaged in misconduct by the Councillor Conduct Tribunal

A tribunal has found a sitting Balonne Shire councillor and irrigator “did not act ethically” and engaged in misconduct during a council meeting.

A Balonne Shire councillor who failed to disclose a conflict of interest during a council meeting has been found to have engaged in misconduct.

The Councillor Conduct Tribunal found Ian Todd failed to disclose his personal interest as a local irrigator who held two water entitlements within the St George Water Supply Scheme at a meeting that adopted a policy governing the sale of council water entitlements.

The CCT heard the Balonne Shire Council paid an annual allocation charge to obtain river water under the scheme, but only used half of its yearly allocation, and could sell the excess entitlements to other water users, providing an income source for the council.

A policy and procedure was developed by Cr Todd and a council employee in 2019 on governing how applications for excess water entitlements were to be handled, with there previously being no formal policy.

It was told Cr Todd held the portfolio of Water Resource Management and Urban Water and Wastewater at the time.

This was adopted by the council at a meeting in late February 2019 where Cr Todd seconded the motion without declaring a personal interest or disclosing a conflict of interest.

Cr Todd denied he had a conflict but the CCT heard as a local irrigator and water entitlement holder he was part of a group of people who were eligible to apply for, and be awarded, excess water from the council under this policy.

Ian Todd was re-elected to the Balonne Shire Council in 2020.

It also heard that on a previous occasion Cr Todd had unsuccessfully sought to purchase an excess water entitlement from the council, and had been successful in purchasing the same sort of entitlement in the month before the policy was adopted.

The CCT found that by failing to disclose his interests as required by law, Cr Todd “did not act ethically and knowingly breached the trust placed in him as a councillor”.

It highlighted that councillors have significant power to make decisions that affect people in their area and that transparency is necessary to show they have exercised those powers appropriately and in the public interest, according to the tribunal.

Cr Todd was ordered to attend training to address his conduct, with the CCT noting the penalty would be both educative and have the “effect of deterrence”.

The Balonne Shire councillor was elected in 2016 and re-elected in 2020 to represent the townships of Dirranbandi and Hebel.

Balonne Shire Council have been contacted for comment.