Councillor Conduct Tribunal finds Gold Coast Mayor Tom Tate ‘engaged in misconduct’

Tom Tate voted to keep secret conflicts of interest during an internal spat between two top bureaucrats so as not to taint his own reputation, a tribunal has found. LATEST

Tom Tate voted to keep secret conflicts of interest during an internal spat between two top bureaucrats so as not to taint his own reputation, a tribunal has found.

The Councillor Complaints Tribunal says the Mayor twice “engaged in misconduct” by directing former council CEO Dale Dickson to stop a disciplinary process against mayoral chief of staff Wayne Moran. He failed at a meeting to later declare a conflict of interest.

In a key finding where Cr Tate should have but failed to declare a conflict of interest, the Tribunal said: “The respondent here had at least a personal interest in protecting his reputation, and the public perception of his character.”

The matter was “viewed so seriously” that the tribunal considered recommending Cr Tate be suspended as Mayor.

The tribunal found the misconduct from December 6 to 12 in 2015 “involved a breach of the trust placed in him as a councillor, in that it was inconsistent with the local government principles”. Similarly, at a meeting on December 8, 2017, he had failed to be transparent.

Cr Tate has been ordered to make a public admission he has “engaged in misconduct” on his official mayoral Facebook account within 60 days of the May 25 judgment, which has just been made public. He must also pay fines of $2757 and $689.

Mr Tate declined to comment on Friday but a council spokesperson said the Mayor was seeking a review of the decision as allowed under the Local Government Act.

The spokesperson said Mr Tate would also apply to QCAT to make an order “staying the operation of the decision” pursuant to a section under the QCAT Act.

The Bulletin in late 2017 first began a series of reports, asking for mayoral directives under Right to Information. By March the next year the Crime and Corruption Commission launched a corruption probe into council’s affairs and councillor decisions.

In January 2020 the newspaper revealed a majority of councillors had voted to keep the “mayoral directives” secret. The Mayor was among them.

Council documents show that at two meetings four councillors – Glenn Tozer, William Owen-Jones, Daphne McDonald and Peter Young – attempted to have Mr Dickson assess the directives, and for his report to be sent to Local Government Department chiefs.

The Councillor Complaints Tribunal found Mr Tate on two occasions, both linked to the internal war being waged between the council powerbrokers, was guilty of misconduct.

The CCC’s Operation Yabber report released in January 2020 detailed how Mr Dickson issued Mr Moran with a disciplinary letter in late 2015 after he refused to declare a conflict of interest. Cr Tate later sent the CEO a mayoral directive demanding that he close the case.

EARLIER: Tribunal finds Mayor Tom Tate ‘engaged in misconduct’

Mayor Tom Tate “engaged in misconduct” by directing former council CEO Dale Dickson to stop a disciplinary process against mayoral chief of staff Wayne Moran, a tribunal has found.

The matter was “viewed so seriously” by members of the Councillor Conduct Tribunal that they considered recommending Cr Tate be suspended as Mayor.

Wayne Moran and Tom Tate attending a meeting at the Mayor's Office in Southport. Picture: Jerad Williams

The tribunal found the misconduct from December 6 to 12 in 2015 “involved a breach of the trust placed in him as a councillor, in that it was inconsistent with the local government principles”.

Cr Tate has been ordered to make a public admission he has “engaged in misconduct” on his official mayoral Facebook account within 60 days of the May 25 judgment, which has just been made public. He must also pay fines of $2757 and $689.

But the Bulletin was told, on Friday, the Mayor was seeking for the matter to be reviewed.

A council spokesperson on Friday said the Mayor was seeking a review of the decision as allowed under the Local Government Act.

The spokesperson said Councillor Tate would also apply to QCAT to make an order “staying the operation of the decision” pursuant to a section under the QCAT Act.

The Bulletin in a series of articles in January 2020 put the spotlight on the conflict among leaders at city hall.

Former chief of staff Wayne Moran.

Mr Dickson a month later confirmed Mr Moran’s contract was terminated. Mr Moran claimed he was not provided access to key documents to defend himself.

The tribunal in determining that the alleged conduct by the Mayor could amount to misconduct, noted these matters:

* on May 10, 2012, Mr Moran became a local government employee, appointed to the role of Chief of Staff to Cr Tate. Under the Local Government Act 2009, the chief executive officer is responsible for managing employees and may take disciplinary action.

* on November 23, 2015, Mr Dickson gave written notice to Mr Moran of his intention to take disciplinary action in relation to Mr Moran’s noncompliance with the council’s Code of Conduct for Employees and its Conflict of Interest for Employee Policy. He gave Mr Moran an opportunity to show cause as to why such action should not be taken.

* On December 7, 2015, Mr Dickson received a letter from Cr Tate directing him to cease disciplinary action against Mr Moran.

Former Gold Coast Council CEO Dale Dickson. Picture: Jerad Williams

* On December 11, the CEO received a further letter from Cr Tate directing him to provide evidence that the show cause matter had been closed as he directed earlier in the week, by close of business on December 14. Alternatively, if the direction had not been carried out, he required Mr Dickson to carry out the direction without delay by close of business on December 14. Councillor Tate stated if the direction was not carried out by the end of business that day, he would take the next step under the Act in relation to the CEO’s failure to comply.

* Mr Dickson ceased disciplinary action against Mr Moran four days later.

* By directing Mr Dickson to cease disciplinary action against Mr Moran, Cr Tate “interfered in the proper performance of the CEO’s functions, which under section 197 of the Local Government Act 2009, includes the power to take disciplinary action against a local government employee”.

The tribunal also found a conflict of interest allegation dated December, 2017 was sustained.

Mr Tate had failed to declare a conflict of interest in a council meeting where councillors were considering directions issued by Mayor and whether council ought to refer those directions to the Local Government Department.

Former chief of staff Wayne Moran. Picture: Glenn Hampson

The tribunal found Mr Tate “had a personal interest in the matter” because recommendations related to a directions list issued as Mayor between January, 2013 and November, 2017.

“Councillor Tate’s personal interest in the matter could be deemed as being a real or perceived conflict of interest in that as a result of the decision, directions issued by him as Mayor would be scrutinised by the CEO and an assessment made about whether there were grounds to make a complaint about the Mayor’s conduct to the appropriate authority,” the Tribunal said.

The tribunal found Cr Tate should have declared a conflict at the meeting, but did not do so.

“This was clearly a breach of the trust reposed in him as councillor and mayor,” the tribunal said, in a report.

“Any conduct which falls short of demonstrating transparency, integrity and probity is a breach of the trust reposed in their office.”

The tribunal states that despite “some claims” to the contrary, it was “vested with jurisdiction to hear these allegations” whether or not they were heard by Crime and Corruption Commission, the Office of the Independent Assessor “or any other regulatory body”.

Mayor Tom Tate doing a press conference to announce Gold Coast Light rail has been named a national priority project. 5 July 2022 Surfers Paradise Picture by Richard Gosling

“In this case, (Cr Tate) interfered with the execution of duties which the CEO was entrusted with under the Act, including managing local government employees and the local government in a way that promotes the effective, efficient and economical management of public resources,” the statement read.

“Further, (Cr Tate’s) actions resulted in a confidential outcome in which the CEO was unable to determine whether the Chief of Staff had complied with Council policy, undermining the concept of ‘a system of local government in Queensland that is accountable, effective, efficient and sustainable’, which the Act provides for.”

The tribunal considered the conduct “capable of being a breach of trust reposed in (Cr Tate)”.

“Mayors must be civic leaders with a high benchmark for personal conduct, integrity and probity who demonstrate the types of behaviours they wish to see emulated by other Councillors,” the statement read.

By exercising his power to issue directions to the CEO in the way he did evokes the popular phrase of ‘sweeping things under the rug’ – such behaviour is entirely antithetical to the ethos, principles and purposes of the Act.”

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