CCC accuses chief of staff of meddling in council business

The Crime and Corruption Commission has accused the chief of staff of ‘inappropriately’ meddling in council business.

MAYOR Tom Tate is facing an investigation by the Office of the Independent Assessor after the state’s corruption watchdog accused his long-time chief of staff of “inappropriately interfering in council business”.

Exposing an explosive email trail, the Crime and Corruption Commission claims a company director used his relationship with Wayne Moran to obtain benefits for clients as the pair prepared for a jet-skiing trip in the Whitsundays.

In one exchange, Mr Moran is accused of replying to the request of the company director: “Write the guts of what you want in the Ltr (sic) and I’ll get the Mayor to sign this week before he goes.”

IN FULL: INCREDIBLE EMAIL EXCHANGE BETWEEN TOP COUNCIL OFFICIALS

Mayor Tom Tate's Chief of Staff Wayne Moran. Picture: Brendan Radke.

An 84-page report by the CCC yesterday found “numerous examples” of directors at another company between 2012-2019 seeking favours from Mr Moran on planning matters.

No charges have been laid and the CCC has ruled out any thought of corruption.

Mr Moran told the Bulletin late yesterday: “I’m pleased and not surprised that the CCC have confirmed no corruption nor anything criminal on my part. I was never in any doubt of that outcome.

“I will not be commenting on the remaining employment-related allegations as I do not wish to constrain any future legal action I will be taking.”

Mayor Tate yesterday denied any breach of council policy, inappropriate conduct and misconduct. (See story right).

The CCC investigation, dubbed Operation Yabber, started in August 2018 on the back of allegations of corrupt conduct and reports of mayoral directives by the Bulletin.

It allegedly found yesterday:

* Between 2013-2015 CEO Dale Dickson started a “long process” to get Mr Moran to declare conflicts of interest.

* In mid-November 2015, Mr Dickson tried to discipline Mr Moran for failing to declare a conflict of interest while being involved in a matter involving Company A. When Mr Moran maintained his position and refused to declare a conflict of interest, the CEO issued him with a show cause letter for disciplinary action.

On December 2, Moran obtained legal advice regarding having performed past paid work for Company A and whether he had a conflict of interest.

On December 7, Mayor Tate sent a directions letter to the CEO, saying: “I reviewed the legal opinion obtained by my chief of staff on his situation and am satisfied by its content. I therefore direct that you accept the response from Mr Moran and that no further action be taken in regards to your ‘show cause’ on Mr Moran, bringing this matter to a close.”

Four days later, Cr Tate sent another email to Mr Dickson asking if the matter had been closed. If not, he asked it be done by the end of business on December 14. “If my direction is not carried out ... I will take the next step afforded me under the Local Government Act 2009 in relation to your failure to following my direction.”

MAYOR: REPORT A ‘TERRIFIC OUTCOME FOR THE CITY’

The CCC has referred matters involving Mayor Tom Tate. Picture Glenn Hampson

A day later, on December 12, Mr Moran told the Mayor, of the CEO, “Well he’s trying to give you the finger” and advised the Local Government Act gave the Mayor unconstrained power to act.

* Some councillors and staff felt that as a result of the mayoral direction to the CEO, Mr Moran was “untouchable and free to do and act however he wanted”.

* An email Mr Moran drafted under Cr Tate’s signature block on April 7, 2017, urging the CEO not to include previous employers under the conflicts of interest policy. “There is no evidence to suggest Tate sent this email on to the CEO, however it provides an indication of what Moran was willing to do to ensure he did not have to declare a conflict with Company A.”

* Evidence that Company A placed a close relative of Mr Moran’s at the company as part of an academic program, and sent congratulatory emails to Mr Moran in relation to this work experience placement.

* In one exchange, the Company A director was not happy with council’s response and needed an intervention otherwise there would be significant delays and potential financial detriment.

* Mr Moran intervened in a food licence for a major event in March 2019, saying the organiser did not have to pay and after a council officer indicated they did, “became abusive towards the council officer and started calling the council officer names”.

* The CEO considered Mr Moran was a “high risk individual” after involving himself in development issues. Evidence uncovered contact with council department areas and wanting to know about developments or arrange meetings with the developer’s consultant, himself and a council planner.

* When Mr Moran started work at council in May 2012, he told Mr Dickson that his wife would take control of their company, Jacem Business Development Pty Ltd, but the CCC found that statement was “misleading” because ASIC searches showed he never removed himself from being director of the company.

WHAT MAYOR TOM TATE SAID TO THE CCC

Gold Coast mayor Tom Tate during his morning briefing with chief of staff Wayne Moran.

* Mr Moran not only remained a director but financial records show he was paid $4366 in April 2016, and the CCC did not uncover evidence suggesting he ever declared his ongoing involvement with his company or the paid work he was doing for Cr Tate in the lead-up to the 2016 election.

* Financial analysis showed Cr Tate did not comply with expenditure limits, seeking out of pocket expenses of $1415 and $1435 for Hunt leather suitcases and bag, membership to the Titans, watch batteries, and two selfie sticks worth $998, one of which was for his daughter, which in an email he stated would be repaid.

* Evidence exists of Cr Tate using official expenditure for making donations up to 10 times the amount permitted under policy, which the CCC believes are sufficient grounds for disciplinary action by the Office of Independent Assessor.

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In its report, the CCC said the involvement of Mr Moran in the mayoral direction was “very concerning” and it put the CEO in a “very difficult situation”.

“While Tate’s conduct (on the mayoral directive matter) does not meet the threshold for criminal prosecution, his actions could amount to misconduct – the CCC has therefore, referred the matter to the OIA. Moran’s conduct has been referred to the CEO for appropriate disciplinary action.”

The CCC acknowledged it did not find the serious and systemic governance and cultural issues that had occurred at Ipswich City Council.

Through his lawyers, Cr Tate unsuccessfully sought to have 14 pages deleted from the public report because they were highly prejudicial to the Mayor and contract of employment for Mr Moran.

“As indicated in Mayor Tate’s submission, he denied any breach of council policies, inappropriate conduct and misconduct. He denies the allegations against him that are referred to in the report. Mayor Tate is entitled to the presumption of innocence,” the report said.