Toowoomba councillor Nancy Sommerfield faces potential reprimanding over comments aimed at council CEO Brian Pidgeon

A Toowoomba councillor has been investigated over comments she levelled about the CEO, accusing him of failing to intervene during an alleged pen-throwing incident.

A Toowoomba councillor will learn her fate next month after an investigator said claims of inappropriate conduct she committed against the council’s CEO could be substantiated if her colleagues agreed.

Councillor Nancy Sommerfield was the subject of a local government investigation, which was sparked by an unproven allegation she raised about the region’s top public servant, Toowoomba Regional Council CEO Brian Pidgeon.

Her colleagues voted at Wednesday’s special meeting to defer their decision on the matter to next month’s ordinary meeting.

Cr Nancy Sommerfield.

The complaint lodged by Mr Pidgeon in December last year related to comments Ms Sommerfield had allegedly made about him during a confidential session of council in March 2022.

Mr Pidgeon was not in attendance.

During the confidential session, which was for councillors to determine whether Mr Pidgeon’s contract as CEO should be extended, Ms Sommerfield brought up an alleged pen-throwing incident that supposedly occurred between two general managers at an executive leadership meeting in 2021.

The alleged incident had been anonymously reported in a confidential staff survey.

According to the report by Ashdale Workplace Solutions, completed on behalf of the Office of the Independent Assessor, Ms Sommerfield alleged Mr Pidgeon was present during the pen-throwing incident and also that he “let the incident pass without comment and that the CEO had displayed a lack of leadership and should have intervened in the incident”.

Toowoomba Regional Council CEO Brian Pidgeon.

She was quoted in the report as saying during the meeting, “the CEO’s response being ‘you two need to get a coffee’ is appalling, in my view”.

The report details Ms Sommerfield’s allegation of the CEO’s inaction was based on information she’d received from another councillor (disclosed during Wednesday’s special meeting as Melissa Taylor).

Ms Taylor, who was interviewed as part of the investigation, had reportedly been told the information by the supposed victim of the alleged incident and indicated Ms Sommerfield’s comments were likely based on the “assumption that the pen-throwing incident had in fact occurred”.

Mr Pidgeon “strongly” rejected having any knowledge of the incident and an email from the alleged victim to council’s legal team last year denied a pen had been thrown at them by another general manager.

During her interview with investigators, Ms Sommerfield reportedly said she did not report the incident prior to the March meeting and did not report the incident to mayor Paul Antonio “because her past experiences had led her to believe that no action would be taken”.

Investigator Ian Muir argued Ms Sommerfield’s comments appeared to have been used to “influence the council’s decision regarding the prospective reappointment of the CEO and had the potential to cause harm to the CEO”.

He concluded the allegation against the councillor could be substantiated, subject to agreement by the majority of the remaining elected officials.

Mr Muir pointed out Ms Sommerfield had a prior record of inappropriate conduct, that the alleged conduct “appeared to have been careless” and that she “appeared to demonstrate limited insight into the inappropriate nature of her conduct”.

He recommended the councillor be reprimanded, attend training or counselling, reimburse some costs and that if the conduct was repeated it would be treated as misconduct in the future.

Ms Sommerfield, Mr Pidgeon, Ms Taylor and councillor Rebecca Vonhoff recused themselves at different points during the confidential discussion at Wednesday’s meeting, with the latter indicating she had contacted the investigator to offer information she had about the incident.

Ms Vonhoff was never interviewed as part of the process.

Councillor responds to report

In response to the release of the report, Ms Sommerfield said the allegation remained unproven until her colleagues voted on the matter.

“A complaint alleging that I engaged in inappropriate conduct has been investigated by an external investigator,” she said in a statement. 

“Council must consider the investigator’s report and decide whether the allegation is substantiated.  Council has not yet done so.  

“Council’s investigation policy states that ‘matters of suspected inappropriate conduct of a Councillor are confidential, except as otherwise specifically provided for either in the LGA or this policy’. 

“It also clearly notes that a matter is an allegation only and not yet proven.  

 ”In such circumstances, and particularly in circumstances where council is yet to decide whether the allegation is substantiated, I will provide no further comment.”