‘Intimidating’: ex-councillor tells of OIA threat before election

A sacked Logan city councillor has called for an investigation into a state council watchdog, claiming it would potentially bring on misconduct proceedings if he tried to recontest his seat.

Former Logan City Councillor Trevina Schwarz leaves Brisbane Magistrates Court with Terry O'Gorman and ex-councillors Phil Pidgeon and Russell Lutton on April 14, 2021, when their fraud charges were dropped. PHOTO: Richard Walker

A former Logan city councillor has called for an investigation into a state council watchdog claiming it threatened him with potential misconduct proceedings if he runs in the 2024 local government election.

Ex-Logan councillor Phil Pidgeon said the Office of Independent Assessor corresponded with at least six councillors threatening them with the possibility of misconduct proceedings if they recontested their Logan seats.

The councillors’ claims were the fourth time in four days that calls have been made for investigations into a state integrity agency.

The correspondence was in May 2019, after the councillors were suspended and later sacked from their jobs following fraud charges from the Crime and Corruption Commission in April that year.

The eight councillors were forced to wait for two years until the Director of Public Prosecutions dropped all charges due to a lack of evidence.

Former Logan City councillors Russell Lutton, Trevina Schwarz, Laurie Smith, Jennie Breene, Steve Swenson and Phil Pidgeon, far right, who said he was intimidated from recontesting his seat after correspondence from the OIA.

Documents obtained by The Courier-Mail include a letter from a high-ranked solicitor to one of the eight councillors referring to an agreement he had reached with the OIA.

“If you are acquitted and you show an intention to return to local government by standing for the 2023 (sic) local government elections, the OIA will make a decision at that time as to whether misconduct proceedings will be brought against you,” the solicitor’s letter said.

Mr Pidgeon said the threatening OIA letters “effectively prohibited” him from recontesting the seat he held for 23 years.

“The correspondence was intimidating and terrifying because I’ve never done anything illegal in my life,” he said.

“For the OIA to hit us all with threatening correspondence on top of the CCC charges was truly frightening and has intimidated me from recontesting the seat I legitimately held.”

A spokesperson for the OIA said it had no record of written correspondence threatening the councillors if they recontested their seats.

Office of Independent Assessor Kathleen Florian. Photo: Daryl Wright

“The OIA made no threats to former Logan City councillors who were still facing criminal charges during the 2020 elections,” the spokesperson said.

“In May 2019, the OIA agreed with a submission from a councillor’s legal representative, that misconduct complaints would be deferred while they were facing serious criminal matters and they would be revisited when they were resolved.

“It is important to note that all complaints have been dismissed and there are no ongoing matters for any of the former councillors. They were all advised of this in 2020.”

Former Logan City councillor Phil Pidgeon did not recontest his Logan seat.

However, Mr Pidgeon said he believed the OIA correspondence effectively prohibited him from recontesting the upcoming 2024 election.

The 2020 Logan election was won by the now mayor Darren Power who was appointed to a paid advisory position in June 2019 after the elected council was dismissed.

The OIA is the fourth Queensland integrity body to come under scrutiny this week after outgoing Integrity Commissioner Nikola Stepanov backed an independent investigation into the Public Service Commission and former state archivist Mike Summerell unleashed claims there was a culture in government to protect it from embarrassment.

CCC chairman Alan MacSporran resigned on Wednesday and Ordinary Commissioner of the Queensland Crime and Corruption Commission Bruce Barbour was appointed acting chair in his place.