OIC finds Mackay councillor Laurence Bonaventura allegedly could have breached conduct rules
Less than 24 hours after launching his mayoral campaign, a regional Queensland councillor has been reprimanded by peers and forced to apologise for a conversation with council staff. See which of his colleagues stuck by him.
Mackay
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Just a day after declaring his campaign to become Mackay’s next mayor, a councillor has been ordered to publicly apologise for his conduct.
Councillor of 12 years Laurence Bonaventura made his case before his peers in a council meeting on Wednesday as he pleaded for them to consider the “human context” behind his actions and not just the “cold hard facts” in deciding what was just.
Mackay Regional Council had arranged for deliberations to be confidential but councillors passed a last-minute motion to make them public.
Mr Bonaventura said he “struggle(d) to tell a lie” as he relayed what happened on November 27, that resulted in a council staffer making a complaint to CEO Scott Owen which then by law had to go to the Office of Independent Assessor.
Mr Bonaventura said he and his wife had held the door open for the staffer who then told him media coverage on 8 River St – after Mayor Greg Williamson announced the $3.7 million refurbishment of the decrepit building had necessarily halted – negatively affected staff morale.
“It was almost like a cry from help from a staff member,” he said, adding it was then he decided there was “only one thing that was going to solve” the issue.
“So I asked the question, ‘Do you know when this (8 River St) is coming back to council?’ … It was a spur of the moment thing borne out of my humanness and wanting to end the mess.”
The council heard the OIA concluded Mr Bonaventura had intended to breach the council’s policy regarding acceptable requests from staff members, which thereby also breached Section 150K of the Local Government Act.
There is no suggestion of wrongdoing by Mr Bonaventura’s wife.
Mr Bonaventura argued councillors must decide whether the interaction was a “casual unplanned conversation” or whether he deliberately approached the staffer with an intent to gain advantage, information or influence.
He then left the room while his peers decided whether they agreed with the OIC’s findings.
Attendees heard the council had not solely relied on the OIA but had also engaged lawyers at McKays Solicitors to review evidence.
In moving a motion the council was satisfied with the investigation, Councillor Justin Englert said he was “frustrated” a higher level of government required they judge each other, but both the OIA and McKays had ruled “on the balance of probabilities” there was a conduct breach.
Only Councillor Martin Bella ruled against the motion, arguing no one had spoken to Mr Bonaventura’s wife, and having been a subject of breaches himself, it was “extremely difficult” to defend yourself when there was no way to know “what you’re actually charged with from the start”.
Mr Williamson responded Mr Bonaventura was given a copy of the OIA’s email on January 18.
Mr Bella was again the only person to vote against the second motion, which found Mr Bonaventura did indeed breach the LGA.
All councillors however voted unanimously on how to discipline Mr Bonaventura,
They ordered he make a public apology, reimburse $2700 in costs, that council advise the OIA of the outcomes, and that council attach the OIA’s investigation report to the meeting’s minutes.
Mr Englert said their transparent decision proved they took breaches seriously, held themselves accountable, and ensured officers felt confident to report future breaches.
Mr Bonaventura, upon re-entering the room and being told his fate, kept his face emotionless and responded simply with “thank you”.
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Originally published as OIC finds Mackay councillor Laurence Bonaventura allegedly could have breached conduct rules