Glenn Tozer: Gold Coast councillor to be counselled after ‘engaging in misconduct’ according to OIA

A Gold Coast councillor has been “found to have engaged in misconduct” by the Office of the Independent Assessor.

A Gold Coast councillor has been “found to have engaged in misconduct” by the Office of the Independent Assessor.

Mudgeeraba Cr Glenn Tozer was found by the OIA to have engaged in misconduct for failing to declare an honorary membership of the Gold Coast Turf Club on his register of interests.

Cr Tozer referred himself to the OIA in 2019, two years after resigning his Turf Club membership.

Cr Glenn Tozer. Photograph: Jason O'Brien

It was found Cr Tozer had properly declared this interest when voting on a resolution involving the Gold Coast Turf Club in November 2016. However, he had not recorded the details of his club membership on his register of interests as required by law.

Independent Assessor Kathleen Florian said in a statement Cr Tozer would be counselled by council CEO Dale Dickson “about his misconduct and how to avoid it happening again”

Kathleen Florian, independent Assessor. Picture: Peter Wallis

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“Cr Tozer did not actively seek membership of the Gold Coast Turf Club and it was noted that honorary memberships are handed out liberally by the club and, in some cases, are not used or given much thought by councillors,” she said.

“The OIA fast-tracked the matter to the Councillor Conduct Tribunal which heard Cr Tozer wrote to the club in July 2015 acknowledging his honorary membership for the 2015/16 racing season, however there was no evidence he had ever used or accessed the benefits of his membership which he ultimately resigned in 2017.

“Based on the evidence, the tribunal found Cr Tozer had engaged in misconduct noting he had recklessly failed to correct his register of interest for almost a year after the issue first came to light in 2016.”

Cr Tozer responded to the OIA today in a post on Facebook.

His full statement:

“I don’t really like horse racing much, so when the Gold Coast Turf Club (GCTC) sent me an unsolicited honorary membership some time after I was first elected, I did not pay it much attention. This was wrong of me.

I must say that I thought it was captured under Section 175D (2) of the Local Government Act 2009 where it says;

“However, a councillor does not have a conflict of interest in a matter (a) merely because of—(i) an engagement with a community group, sporting club or similar organisation undertaken by the councillor in the councillor’s capacity as a councillor; or (iii) membership of a community group, sporting club or similar organisation if the councillor is not an office holder for the group, club or organisation”

Cr Glenn Tozer responded to the OIA’s statement. Photograph : Jason O'Brien

I was later informed that the above was an incorrect interpretation of my circumstance.

I do recall perhaps three times where I visited the Turf Club on special occasions where I was separately invited in my role as a Councillor.

I became aware the honorary membership was an “interest” based on advice I received and I officially resigned from the honorary membership of the GCTC in 2017. In 2019 I became aware a complaint had been made about the period of time prior to 2017 when I had resigned. I self-referred the matter to the OIA, having already corrected the issue some 18 months or so earlier. The OIA commenced an investigation. The OIA and I both agreed on our statement of facts, with the exception that I claimed that having self-corrected and self-referred the matter some time before the complaint, I did not believe it met the threshold for misconduct.

Ultimately, the Councillor Conduct Tribunal determined the error constituted misconduct and have ruled accordingly. There was no penalty fine but the OIA said I require counselling from the CEO, which I have scheduled this week.

Notwithstanding this outcome, I remain committed to self-referring and self-correcting any similar issues that may arise in the future (I hope there are none), and defending actions that I do not believe meet a particular conduct threshold, as well as ensuring my register of interests is current and accurate. Additionally, I remain of the view generally that gambling and horse racing, while economically significant, have a social cost in our city that should be considered and counted prudently.”