Revealed: 20+ complaints made against Southern Downs councillors in past year

From allegations of meeting misconduct to councillors accused of abusing residents in the streets, this is the full list of formal complaints levelled against Southern Downs representatives in the past year.

SOCIAL MEDIA IMAGE DISCUSS USE WITH YOUR EDITOR - First meeting of Southern Downs Regional Council with Vic Pennisi as Mayor

From conflicts of interest to allegations of questionable councillor conduct and more, several formal complaints are lodged against Southern Downs councillors each month.

The Daily News can now reveal the full list of written complaints submitted to Southern Downs Regional Council within the past year, each of which have been dealt with by the Office of the Independent Assessor.

The subject of the complaint and the identity of the person who submitted it are both kept confidential by law.

Find the full list below:

MAY 28, 2021

Complaint: It was alleged that in a survey conducted by the Granite Belt Sustainable Action Network in March, 2020, a councillor responded to a question about SDRC’s waste and recycling reduction plan stating they were conducting negotiations with key stakeholders in the private sector.

It was alleged the councillor failed to declare this information or anything on the matter during confidential council updates on waste matters that occurred at SDRC meetings between February, 2019 and January, 2020.

Result: The OIA decided not to take further action after deeming the comment in the GBSAN survey referred to discussions the councillor had been having in a personal capacity about alternative employment if not re-elected.

“The discussions did not relate to matters relevant to the conduct of council business … it was considered, however, that the councillor’s response to the survey could have been clearer,” the councillor conduct register stated.

MAY 12, 2021

Complaint: It was alleged all councillors breached the local government principles when they voted unanimously on a decision about a council asset.

Result: This complaint was dismissed by the OIA as it did not “raise a reasonable suspicion of inappropriate conduct or misconduct”, with all councillors eligible to vote agreeing on an administrative decision.



FEBRUARY 11, 2021

Complaint: A councillor on a council advisory group allegedly did not raise a conflict of interest held by a community member of an advisory committee.

Result: The OIA dismissed the complaint as the relevant policy under the Local Government Act required committee members to raise their own conflicts of interest during meetings.

“The OIA received information from (SDRC) that the advisory group was not a decision-making body of the council (and) the alleged breach was a private member of the group,” the register stated.

FEBRUARY 5, 2021

Complaint: It was alleged a Southern Downs councillor posted comments on social media inciting violence and harm to the complainant’s animals.

Result: The complaints register stated the OIA dismissed the matter as it “did not raise a reasonable suspicion of inappropriate conduct or misconduct”.

JANUARY 19, 2021

Complaint: It was alleged a councillor had “encouraged harassment on social media by reacting to harassing comments made by another person towards a resident … (and they) had engaged in harassment of councillors and residents on social media prior to being elected”.

Result: The complaint was dismissed by the OIA for not raising suspicion of councillor misconduct, with the alleged harassment pre-election falling outside the body’s jurisdiction.

“In reacting to an exchange between two members of the community (post-election), the OIA considered that this conduct did not meet the threshold of inappropriate conduct and was subject to interpretation,” the register stated.

DECEMBER 21, 2020

Complaint: The same complaint was made against two Southern Downs councillors alleging a representative attempted to influence a decision of (SDRC) in which they had a declarable conflict of interest.

Result: The OIA again deemed the complaint raised less than reasonable suspicion of inappropriate conduct, as the councillors declared their conflicts of interest and their fellow representatives resolved to allow them to stay in the room but not vote on the final decision.

DECEMBER 19, 2020

Complaint: It was alleged that two councillors “failed to adequately declare an interest in a matter at a council meeting” and were allowed to remain in the room for the discussion, but were not able to vote.

Result: The OIA resolved to dismiss the complaint as each councillor made the required conflict of interest declarations, and the remaining representatives decided that each could remain in the meeting for the discussion and vote.

DECEMBER 10, 2020

Complaint: This particular issue attracted 10 complaints against two councillors, all alleging the representatives declared an interest in a matter but were allowed to participate in the discussion and final vote.

Result: The matters were all dismissed by the OIA after it was decided each councillor had declared their conflicts of interest in accordance with the Act, with the remaining representatives resolving it was appropriate for them to stay in the room.

DECEMBER 8, 2020

Complaint: This complainant alleged “ (SDRC) was promoting on its Facebook page the Southern Free Times (now Warwick Today Stanthorpe Today) as the go-to newspaper for all council information and updates”.

Result: The OIA did not pursue the complaint as it did not directly pertain to or raise suspicion of inappropriate conduct or misconduct by a councillor.

AUGUST 12, 2020

Complaint: It was alleged on this occasion that a councillor “had been threatening or intimidating in their behaviour towards another councillor”.

Result: The SDRC complaints register stated the OIA took no further action as “there was insufficient information to properly investigate the conduct or form an opinion about whether the conduct is, or may be, inappropriate conduct or misconduct”.

It also revealed the allegedly threatened councillor did not wish to make their own complaint at the time, leaving the OIA without any way to progress the matter.

AUGUST 7, 2020

Complaint: It was alleged a councillor “behaved in a verbally aggressive manner towards another councillor” on July 25, 2020.

Result: The SDRC councillor conduct register stated it took several months for the council to resolve the conflict, with the issue finalised at the ordinary meeting on October 14.

“ (SDRC) has determined that on the balance of probability, it has been found that Mayor (Vic Pennisi) exhibited inappropriate behaviour by swearing in the presence of councillor (Cynthia) McDonald and that it was in reference to Cr McDonald’s behaviour, albeit not directly to her face,” the report read.

“Conditional upon Cr Pennisi providing a sincere personal apology to Cr McDonald, (SDRC will) take no further action against Cr Pennisi.”

AUGUST 4, 2020

Complaint: A Southern Downs councillor allegedly “brought (SDRC) into disrepute and breached the Code of Conduct for Councillors in Queensland when she unfairly stated that there was a systematic failure of (SDRC) in relation to a particular area” on July 23, 2020.

Result: The complaint was dismissed by the OIA as it took place during a council meeting, and any “suspected unsuitable meeting conduct” should be addressed by the chair of the relevant meeting at the time.

AUGUST 2, 2020

Complaint: This complaint claimed a councillor was “involved in the engagement and procurement of services from an individual or the company which they worked for (and) the individual was a supporter of the councillor’s recent election campaign and had been (their) long-time associate”.

Result: According to the SDRC councillor conduct register, the complaint was not pursued by the OIA as it was “broad, lacked details, and was made anonymously, which removed the ability to seek further particulars”.

It was further stated preliminary inquiries did not reveal a contract awarded to the individual or company the councillor worked for.

JULY 27, 2020

Complaint: It was alleged a councillor failed to fully disclose their personal interests in a matter in a number of council meetings and was appointed to a committee where there was a potential risk of influencing while having a conflict of interest.

Result: The OIA dismissed the complaint as continuing investigation was deemed an “unjustifiable use of resources”.

While the councillor did declare their conflicts of interest as required, the conduct register stated the OIA found “the declaration could be improved going forward … (and) the councillor was provided guidance for declaring personal interests at future meetings”.

The OIA decision also revealed no “influencing” was found to have occurred at the time of the complaint, but the councillor was told to seek independent legal advice to prevent potential risks in the future.

JULY 4, 2020

Complaint: Three complaints were made against the conduct of three councillors at a special council meeting on June 30, 2020.

The complainant alleged a councillor “voted inappropriately” on a motion to decide whether another councillor had a real or perceived conflict of interest in a matter, and whether or not they should be allowed to participate in the discussion or vote.

“It was further alleged that the councillor who voted … had the same conflict of interest for the reason being on the same ticket as the councillor who declared the conflict of interest,” the conduct register stated.

Result: The OIA did not pursue the complaint after deciding the councillor declared their conflict of interest correctly, and that being on the same election ticket did not mandate those councillors having the same conflicts.

JULY 2, 2020

Complaint: This complaint alleged “a councillor stopped his vehicle in the driveway of a shopping centre car park and abused a resident that was walking in the street with his grandchildren”.

Result: The complaint was thrown out by the OIA after it decided “there were significant inconsistencies between the councillor’s and resident’s version of events, and no witness that could support either account”.

JULY 2, 2020

Complaint: SDRC received four separate complaints about the conduct of four councillors at a special meeting on June 30, where one representative allegedly voted inappropriately on whether another councillor had a real or perceived conflict of interest.

It was further alleged this vote related to whether that councillor should be allowed to participate in the discussion and vote.

Result: The OIA dismissed the complaint as it did not raise suspicion of councillor misconduct, given the conflicts of interest were declared and a decision made on whether they could remain in the room in accordance with the Act.

It was decided at this point that all Southern Downs councillors would participate in a workshop to give a better understanding of a conflict of interest or material interest, and under what circumstances a representative should be excluded from a discussion.

JUNE 30 – JULY 11, 2020

Complaint: Another eight complaints were made against the one councillor over their alleged conduct at the special SDRC meeting on June 30.

The complainant claimed the representative “took part and subsequently voted on agenda items where the councillor’s business could receive a benefit”.

Result: The complaint was thrown out by the OIA after it was also deemed the councillor appropriately declared a conflict of interest, and continuing the investigation would be an “unjustifiable use of resources”.

“Consistent with the OIA’s short-term amnesty policy the OIA have written to the councillor, who had no previous experience in local government, providing feedback on the declaration and process followed,” the conduct register stated.

“Given the complexity of conflict of interests in relation to SDRC water issues, the OIA have recommended that the councillor obtain independent legal advice on one identified aspect of the matter.”