Bell bully claim dismissed
Misconduct allegations were levelled against mayor
BULLYING allegations against former Surf Coast Shire Mayor David Bell have been dismissed by a councillor conduct panel.
Cr Heather Wellington lodged a series of allegations, including misconduct and bullying, with the Principal Councillor Conduct Registrar in December.
The panel hearing, held on June 11, cleared Cr Bell of misconduct because he was “too unwell” to attend arbitration and also cleared him of the bullying allegations.
Cr Wellington had alleged that because Cr Bell did not comply with council’s arbitration process he had engaged in misconduct.
The council appointed an arbiter early last year to assess four complaints from Cr Wellington against Cr Bell.
She also alleged that Cr Bell had told a council meeting in September that she “harassed staff” for council documents. But the panel dismissed the claim after hearing evidence from Cr Rose Hodge and Cr Margot Smith.
The hearing detailed the emotional toll Cr Wellington’s allegations had taken on Cr Bell, who had a doctor’s certificate in March 2018 stating he was unfit for work and was unable to participate in meetings with Cr Wellington.
Cr Bell said he had spent “considerable amounts” on medical bills to treat the psychological distress the allegations had caused him.
“I’m very glad it’s over and Cr Wellington’s complaints have been revealed as a tissue of nothingness,” he said.
Cr Wellington said she was happy the matter had been “properly considered” and accepted the panel’s finding.
A long-running dispute between the pair was ignited in 2017 “when there was a deterioration in internal relationships between councillors”, hearing documents read.
“This included a divisive debate about whether the rainbow flag should be flown above the council premises.”
Cr Bell supported flying a permanent rainbow flag above the shire office in a display of unity for LGBTQI+ people, while Cr Wellington opposed the idea.
Cr Wellington’s complaints to the arbiter included a claim that Cr Bell breached the councillor code of conduct by forwarding on an email she sent to him, which she had asked not to be forwarded. She also said Cr Bell failed to immediately delete an insulting post on his Facebook page, posted by another person.
The arbiter recommended Cr Bell provide an apology to Cr Wellington, which he did.
Governance and infrastructure general manager Anne Howard said the council’s policy did not allow it to pay individual councillor legal expenses, but its insurance policy could assist.
While the council would not reveal how much it had spent on the arbitration and panel costs for councillor conduct matters, it is understood to be as much as $50,000.