Palm Beach councillor Daphne McDonald complains to Independent Assessor about email from Mayor Tom Tate

A councillor involved in a major spat with Mayor Tom Tate has complained to the Independent Assessor about the contents of an email she believes denigrated her.

Mayor Tom Tate at the Palm Beach artificial reef ceremony where he was met by protesters.

COUNCILLOR Daphne McDonald has complained to the Office of the Independent Assessor (OIA) about alleged “inappropriate conduct” towards her by Mayor Tom Tate.

A report to be considered at full council today details the complaint which was referred for investigation.

Cr McDonald made the complaint after receiving an email from the Mayor on May 31 which was copied in to all councillors and various council officers.

Cr McDonald alleged:

* Colleagues could have concluded that the mayor’s email was “disciplinary in intent and tone” and as such denigrated her.

* The conduct by the mayor was intended to bully her in such a way it would inhibit her from carrying out her obligations as a councillor.

* The mayor had made an allegation that she had made a misleading Facebook post and contravened the standards of behaviour for a councillor.

* The mayor had made a false allegation that she had intended to denigrate council staff.

* The mayor had threatened to “take the matter further” in a way “that could be construed as personally threatening” her.

Councillor Daphne McDonald and Mayor Tom Tate. Photo: Jerad Williams

The OIA viewed that there was a reasonable argument that the mayor’s email had exceeded his role as mayor.

The language used raised a reasonable suspicion that the conduct could represent a breach of the Code of Conduct for councillors, the OIA said.

The complaint was referred to council and chief executive officer Dale Dickson then referred it to the Councillor Conduct Tribunal.

The tribunal found that “there appears to be insufficient evidence to find on the balance of probabilities that the mayor exceeded his authority or that the mayor engaged in inappropriate conduct”.

However, the tribunal added that the “council is the entity which must make the decision in this matter and not the tribunal”.

A recommendation before council is that it supports the findings of the tribunal that the mayor’s conduct did not meet the standard of inappropriate conduct.

The row was sparked by a Facebook post by Cr McDonald showing rubbish around a light rail station in Sydney.

Cr Daphne McDonald. Picture: Glenn Hampson

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The deteriorating relationship between Cr Tate and Cr McDonald surfaced earlier this month in the aftermath of the mayor being ambushed by protesters at a plaque ceremony for the Palm Beach artificial reef.

Councillor Tate in a regular spot on ABC 91.7 Nicole Dwyer’s show said he believed protesters “through Daphne’s encouragement” had been told “well, the Mayor will be there, organise a protest against him”.

Cr Tate had a bodyguard and council organised security for the official unveiling of the $18 million artificial reef at Palm Beach on September 21.

The plaque ceremony was originally scheduled to be held on the Monday, but was brought forward to the Saturday. Cr McDonald said she received a “last minute” text message alerting her of the change. Council said the unveiling was moved forward because of security issues.

Cr McDonald later declined to comment to the Bulletin on the protest issue and indicated she would not respond at any future time to comments from the mayor.

However, protest leader Karen Rowles contacted the newspaper to say the rally was organised by residents.