Gold Coast City Council: misconduct ruling against Mayor Tom Tate after Facebook posts

The Local Government Department has handed down a ruling on a complaint against Gold Coast Mayor Tom Tate. SEE THE FINDINGS.

MAYOR Tom Tate has been ordered to attend counselling and fined after being found guilty of misconduct against a fellow Gold Coast City councillor.

A government review panel has ruled the Mayor made untrue and unreasonable comments about Hinterland councillor Glenn Tozer.

Mayor Tate must attend counselling “about his misconduct and how not to repeat it” with a focus on “appropriate use of social media by councillors”.

He was also required to pay a fine of $1250 to the council.

Hinterland-based councillor Glenn Tozer made the complaint.

Writing on his Facebook page on February 28, Cr Tate accused Cr Tozer of not being transparent about a Master of Business Administration at a Gold Coast university, alleging ratepayers were funding most of it.

The post included “as the pub testers would say ‘Stop the rorts!’” and “it’s another nose in the trough by a politician”.

Council CEO Dale Dickson. Photo: Jerad Williams

As deputy chair of the governance committee and on being appointed to the audit committee, Cr Tozer believed professional training in financial literacy would benefit his decision making for ratepayers.

He said he sought advice from council CEO Dale Dickson, selected appropriate subjects and only claimed the relevant training budget allocated which was made public on council documents.

“I made a complaint because I believed some of the comments made by the Mayor were not honest and led the public to believe things that were not true,” Cr Tozer told the Bulletin.

“These dishonest comments caused me and my family distress. I felt as though I had previously overlooked that sort of behaviour and did not think ignoring it would make it stop, or set a good example for my children or my community.

“The outcome I hoped for was that my complaint would be sustained and that is what the tribunal ruled.”

Chief operating officer Joe McCabe oversaw a preliminary assessment of the complaint, determined it was about inappropriate conduct and referred it to the local government department’s chief executive who upgraded it to “misconduct”.

Council CEO Dale Dickson (left) with Mayor Tom Tate. Picture Glenn Hampson

The Mayor gave evidence in person before the Local Government Discipline and Remuneration Tribunal. Cr Tozer appeared via teleconference.

Cr Tate acknowledged the complaint argued that he had not presented a balanced view of the issue in his mayoral minute at full council, in media interviews after the meeting and on a social media post where he talked about stopping ratepayer expenditure.

“I included the full Channel Nine story on the social media post which included both sides of the story,” Cr Tate told the Gold Coast Bulletin.

“While most of the complaint elements were thrown out I still vehemently disagree with the tribunal’s findings.

“There are no appeal rights. However, two days after their decision on my matter, appeal rights have since been instituted in the recently in-acted amended legislation.

“But I must accept the umpire’s decision that my public comments on the subject were too aggressive.

“Did I stop ratepayer’s funds being used for funding councillor Master of Business Administration degrees? Guilty as charged!”

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Councillor Glenn Tozer is pleased with the ruling on his complaint. Pic by Richard Gosling

In defending his position, Cr Tozer said the Crime and Corruption Commission had recommended in August that Ipswich councillors be provided information and training on governance and financial literacy.

“I think this is good advice and remain of the view that tertiary institutions like Bond University are excellent service providers for such,” he said.

“My community have told me they want me to diligently execute my duties and part of that is intellectually and articulately scrutinising and debating governance and budgetary matters.

“I think the community would prefer politicians to apply a ‘CCC test’ to a matter rather than a pub test.”

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Mayor Tom Tate at the Evandale Council chambers. Picture Mike Batterham

WHAT MAYOR TOM TATE SAID ABOUT COUNCILLOR GLENN TOZER

At a full council meeting in February, Mayor Tom Tate said Councillor Tozer’s use of a council allowance to complete a business degree “did not pass the pub test”.

The Bulletin covered the meeting and the report included the Mayor’s comments that the policy provided for more than $2600 and “expenditure was more than double”.

Cr Tate added “this would be known as a rort” and that he had “saved the ratepayer $50,000”.

The Mayor took the debate further, later writing on his Facebook page: “As the pub testers would say ‘Stop the rorts’” and “it’s another nose in the trough by a politician”.

Councillor Glenn Tozer at council. Pic by Richard Gosling

COUNCILLOR TOZER’S RESPONSE

Cr Tozer viewed the comments as “either false, contrary to advice councillors received in writing” and speculative causing unnecessary harm to his reputation.

“At the time of being approved for professional development training I was deputy chair of the Governance, Administration and Finance Committee. I was appointed to the Audit Committee in 2016,” he told the Bulletin.

“I felt very capable but in an increasingly contentious political environment I was convinced professional training in financial literacy and strategic leadership would be of benefit to the community.

“I completed units in Financial Accounting and Analysis, Strategic Leadership, Ethics and Markets and Organisations, only claiming the relevant training budget allocated, and making relevant declarations.

“I made a request of the relevant delegated decision maker in 2015 (council CEO Dale Dickson), and received proper approval in accordance with policy. These expense claims were disclosed in each relevant (City of Gold Coast) annual report.

“I informed Mayor Tom Tate of this in writing and he could have requested said information if he chose to. Instead he chose to make public his inadequately researched conclusions and unverified allegations and this brought my reputation into question while breaching the city’s external communications policy.

“I am encouraged that in August 2018 the Crime and Corruption Commission recommended financial literacy and governance training for councillors in other local governments, given my actions in this matter. In 2019, I will be advocating for our council to adopt the view of the CCC on this matter.”

Cr Tate at a press conference. Photo by Richard Gosling

MAYOR TATE RESPONSE TO THE FINDING

Cr Tate said the complaint made against him went to the local government department after he raised issues of Cr Tozer “obtaining a master’s degree at ratepayer’s expense”.

“The complaint argued that I didn’t present a balanced view of the issue in my mayoral minute a full council, in media interviews after the meeting and on a social media post I did explaining my reasons for raising the matter and putting a stop to the ratepayer expenditure in the future,” he said.

“I included the full Channel Nine story on the social media post which included both sides of the story.

“The local government department still found me guilty of misconduct for which I have to attend a course and I’ll have to pay a $1250 fine.

“While most of the complaint elements were thrown out I still vehemently disagree with the tribunal’s findings.

“There are no appeal rights. However, two days after their decision on my matter, appeal rights have since been instituted in the recently in-acted amended legislation.

“But I must accept the umpire’s decision that my public comments on the subject were too aggressive.

“Did I stop ratepayer’s funds being used for funding councillor Master of Business Administration degrees? Guilty as charged!”