Black Swan Lake: fresh councillor complaints on inappropriate conduct

A Gold Coast councillor has been accused of inappropriate conduct after making a media statement about the wave of public complaints surrounding Black Swan Lake.

DEPUTY Mayor Donna Gates has been accused of inappropriate conduct after making a media statement about the wave of public complaints surrounding Black Swan Lake.

The Office of the independent Assessor (OIA) received two separate complaints after Cr Gates was asked at a media interview on January 15 about the high number of investigations on the “borrow pit” being dismissed.

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Deputy Mayor Donna Gates with Mayor Tom Tate at council. Picture Glenn Hampson

Cr Gates replied: “Most of the complaints have been found to be frivolous regarding the borrow pit.

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“Ah, it’s disturbing though, I think personally in 11 years I’ve never had one formal complaint and in the last few weeks there have been a few so yet it’s disturbing but ah, the independent Assessor has found most so far to be frivolous.”

The first complainant to the OIA said Cr Gates had trivialised some serious allegations being investigated by the Crime and Corruption Commission (CCC).

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Black Swan Lake protest at Bundall. Picture Glenn Hampson.

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“I find this behaviour, comments from a senior member of the Gold Coast City Council alarming and disturbing and displays an amount of disdain for the Office of the independent Assessor and the CCC Queensland,” the complainant wrote.

The other complainant said Cr Gates was being dismissive and her comments “demeans the fight made by quite a number of residents to prevent the destruction of natural habitats on the Gold Coast”.

In a submission to the OIA, lawyer Patrick Quinn for Cr Gates asked that the complaint be dismissed and not referred to council for further investigation.

“Our client at no time sought to trivialise the allegations that were being investigated by the OIA or the CCC,” Mr Quinn wrote.

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Deputy Mayor Donna Gates will be required to leave the Evandale chamber.

Cr Gates was expressing her concerns about the number of complaints — 34 of 37 had been dismissed — and not one formal one had been substantiated in her 11 years as a councillor, Mr Quinn added.

But in a letter to council CEO Dale Dickson, independent Assessor Kathleen Florian said she had a reasonable suspicion that Cr Gates had engaged in inappropriate conduct.

Cr Gates had admitted that on reflection “perhaps a word other than frivolous” could have been used and the councillor code of conduct required her to “treat people in a reasonable, just, respectful and non-discriminatory way”.

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An officer’s report prepared after an internal investigation by Gold Coast City Council said Cr Gates would be given an opportunity to address councillors and answer any questions prior to leaving today’s council meeting.

Councillors would then vote on the recommendation in the officer’s report.

During a briefing by a council media officer before the January 15 press conference, Cr Gates was advised that she could use the term “frivolous”, the report said.

The Deputy Mayor was using the “accepted or common meaning” of frivolous which meant the “borrow pit” complaints were groundless or had little or no weight, it said.

“Having carefully considered the relevant facts of this matter, it is recommended that Councillor Gates has not engaged in inappropriate conduct in this matter,” the report said.

Cr Gates declined to comment saying it was inappropriate until the matter was decided by full council.