Jan Clifford, Mike Brunker in Whitsunday Regional Council integrity review
Two North Qld councillors have come under fire for reports of inappropriate conduct with one now required to publicly admit her wrongdoings which caused a staff member anxiety at work.
Whitsunday
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A Whitsunday region councillor will be forced to publicly admit she engaged in misconduct after her behaviour was found by an independent assessor found to have caused a staff member anxiety at work.
Councillor Jan Clifford was criticised in the assessor’s report for her behaviour, as has Councillor Mike Brunker for a separate matter.
Mayor Julie Hall revealed during the ordinary meeting on Wednesday that the council had spent $20,000 hiring PFK Integrity, to investigate both councillors with the independent assessor finding Councillor Jan Clifford had acted inappropriately on three occasions.
Ms Clifford was then given a brief opportunity to explain her behaviour to fellow councillors before they decided, in her absence, whether they agreed with the independent findings and if so, how to appropriately discipline her.
The agenda documents stated the independent assessor found Ms Clifford was at a civic event on March 22 last year when she reportedly told Employee X there was apparent nepotism within the council regarding the appointment of Employee Y.
PFK Integrity, found according to the agenda documents, Employee X in return advised Ms Clifford that Employee Y was identified during recruitment as the best candidate for the job on merit.
In her explanation to councillors, Ms Clifford said she had learned ratepayers “were not particularly happy” about Employee Y’s appointment.
“I was accosted at the (civic) event) … and I said to (Employee X) that it didn’t pass the pub test,” she said.
“Am I sorry I said it? Maybe, maybe not, because it doesn’t in my opinion pass the pub test and this is nothing personal against the employee.”
A week after that event, Ms Clifford attended a council event where Employee Y and Employee Z were present.
“Councillor Clifford said to Employee Z words to the effect of, I would rather speak to myself’ and ‘I am still disgusted that Employee Y has got that position’,” agenda documents state the independent assessor found.
Ms Clifford explained to councillors her conduct followed an interaction with Employee Y.
‘I will decide what happens Jan’
“I said (to Employee Y), ‘When you settle in, I would like to talk to you about what I would like to see happen down here’ and (I) was told quite bluntly (by Employee Y), ‘I’m running it now, and I will decide what happens Jan’,” she said.
Ms Clifford added she had not invited Employee Y to call her by her first name but had refrained from lodging a complaint.
The independent assessor further found according to the agenda documents that the councillor would chat with others during tea breaks at up to three monthly public council meetings from May to November last year, yet “ignored Employee Y who was present in the same conversations”.
Ms Clifford said she had always focused on talking to members of the public during teak breaks and had not purposely ignored Employee Y.
“I have think (Employee Y was) being overly sensitive,” she said.
“Things have improved in our relationship (since), I even gave her a Christmas present.”
PFK Integrity interviewed Ms Clifford who was “forthcoming” and “cooperative”, and she apologised for her behaviour which was found to have caused Employee Y anxiety when Ms Clifford was present.
Agenda documents state the councillor and Employee Y have since formed a positive working relationship which both are motivated to continue.
Councillor John Collins argued the misconduct allegations should have been dealt with privately as a matter of confidentiality.
“(Employee Y) has got to walk around the office … it’s a small town … everyone’s going to be talking in the bloody hallway,” Mr Collins said.
He further rebuked having to discipline Ms Clifford.
‘We’re not qualified for this sort of crap’
“Gee whiz this is pretty rugged, we’re not qualified for this sort of crap,” he said.
“I just don’t think we should be sitting here being judge and bloody jury when we paid someone $20,000 to make a decision saying they’re guilty and come back and (vote on it).”
Deputy Mayor Gary Simpson agreed saying the behaviour in consideration was “childish, schoolkid sort of stuff”.
Whitsunday Regional Council CEO Rod Ferguson said the matter was unfortunate but the Local Government Act 2009 (Qld) had placed the discipline responsibility on elected members.
Councillors voted unanimously that Ms Clifford had acted inappropriately on the first two occasions, but regarding the third, Councillor Clay Bayman was the only councillor to decide she had acted inappropriately.
Mr Bayman said he had to put weight on what the independent assessor had found.
For her actions, Ms Clifford must publicly admit she has engaged in inappropriate conduct, reimburse the council $500 for costs arising from her conduct, and attend training or counselling to address her conduct at her own expense.
Outcomes will be recorded in the Councillor Conduct Register.
Alleged oversights and misuse of council resources
Also under investigation is Councillor Mike Brunker who is alleged to have misused council resources.
This reportedly occurred, according to the agenda documents, when Mr Brunker without authorisation used his council email address on his candidacy Facebook page during the July to August 2022 by-election period.
According to agenda documents, PFK Integrity substantiated the allegation but said mitigating factors included that it was common practice for councillors to use council email addresses on their councillor Facebook pages; that Mr Brunker had been acting mayor at the time; that he was “representing the region through a devastating (alleged) triple murder (at Bogie)”; and Mr Brunker had been forthcoming during the interview, advising the email inclusion was an “oversight”.
PFK Integrity found both Ms Clifford’s and Mr Brunker’s actions breached sections of the Local Government Act 2009.
The matter against Mr Brunker was not finalised at the Wednesday meeting of council as he was absent and would not have the opportunity to speak should he wish to.