Gold Coast inquiry: the backlash when state agency asks council to investigate itself

Gold Coast City councillors have just finished an investigation among one of their own after complaints about Black Swan Lake. But residents want an independent process.

SOME residents and community groups are voicing concern that the Gold Coast City Council is investigating councillors after an inquiry which cleared Deputy Mayor Donna Gates.

On Tuesday, councillors unanimously backed the recommendation from a council report that no further action be taken against Cr Gates after she was cleared of inappropriate conduct.

The Officer of the Independent Assessor (OIA) asked council to investigate Cr Gates, who at a media conference in January, referred to complaints about the filling in of Black Swan Lake as “frivolous”.

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Deputy Mayor Donna Gates outside the Evandale chamber.

One of two complainants who were offended by Cr Gates’ remarks recalled the initial complaint was made on January 16 and it was not until April 18 that the only letter from the Mayor’s office had arrived.

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The Coast resident maintains no information was provided about full council discussing the matter and an email on April 22 only prompted an automated response.

“I feel that I, and possibly other complainants that I have come into contact on social media,

have been left out of the loop and there are too many inconsistencies in the whole process,” the resident said. “We have been left in the dark as to how this process will work for us.

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Kathleen Florian Independent Assessor. Pic Peter Wallis

“We find ourselves in the situation where we have council investigating itself. How is that good governance?”

Independent Assessor Kathleen Florian said the OIA would “thoroughly and carefully assesses all complaints” before referring any to a council to deal with as inappropriate conduct.

Since it began operation in December last year the OIA has received 731 complaints and only three per cent had been referred to councils for investigation as inappropriate conduct.

“The Local Government Act states that inappropriate conduct is to be referred back to the council to investigate and decide,” Ms Florian said.

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Sally Spain at a Black Swan Lake protest. Picture Mike Batterham.

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The OIA has no power to investigate inappropriate conduct but it could recommend how local government may investigate or deal with the conduct.

“Generally, the OIA will recommend local government have the Councillor Conduct Tribunal investigate when dealing with inappropriate conduct complaints against Mayors,” Ms Florian said.

“If a council rejects the OIA’s recommendation it must pass a resolution in a council meeting, stating its reasons.”

The report to councillors indicated council had sought an early resolution but one complainant refused and the other did not respond by the due date.

“The legislation requires councils to adopt an investigation policy to deal with suspected inappropriate conduct of councillors. One area required in the policy is early resolution,” Ms Florian said.

Wildlife Preservation Society of Queensland Gold Coast president Sally Spain backed the complainant and voiced concerns about the process.

“It seems odd. also, that complaints regarding remarks such as those made by Councillor Gates should be referred back to council, rather than dealt with by the State Local Government or Office of Independent Assessor,” Ms Spain said.

“It should be independent. It’s going back to the hen house with the fox in it. How has there been an impartial decision.”