No sanction for Mayor over email
PAUL WESTON
AN official complaint by veteran councillor Daphne McDonald against Mayor Tom Tate has forced other councillors to judge the behaviour of both. The verdict is divided.
Cr McDonald alleged “inappropriate conduct” towards her by Cr Tate after he sent an email complaining about a Facebook post.
Cr McDonald, who is opposed to over-development of highrise blocks along the planned light rail route at Palm Beach, had made reference to a photograph of “empty shops, dirty streets and garbage” around the trams in Sydney.
The Mayor said the post was “extremely misleading and brings the city into disrepute”, did not reflect high ethical standards required of a councillor and unless she removed it and “expressed regret”, the matter would be taken further.
Cr McDonald, in a complaint to the Office of Independent Assessor (OIA), alleged the Mayor’s email was “disciplinary in intent and tone” and as such denigrated her, and it “intended to bully’’ her in such a way it would inhibit her from carrying out her obligations as a councillor.
The OIA said there was a reasonable argument Cr Tate’s email had exceeded his role as mayor and could represent a breach of the Code of Conduct for councillors.
But the Councillor Conduct
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”.
The tribunal passed the matter back to councillors to decide. When it came up for debate at full council this week, Cr Tate left the room.
Cr McDonald was away due to illness.
Deputy Mayor Donna Gates was satisfied with the findings. So too was Robina councillor Hermann Vorster, noting the balance of probabilities was quite low and “the case isn’t made”.
But Mudgeeraba-based councillor Glenn Tozer told colleagues: “The guts of my position is I don’t accept the Mayor’s position on this. I do that for a very good reason. In order to accept the Mayor’s position, I have to also adopt the view that Cr McDonald was inappropriate in her posts, because that’s what motivated his actions.
“I don’t believe Cr McDonald acted inappropriately and therefore Cr Tate’s conduct can’t be acceptable.”
He said too much time and legal costs had been spent, and the matter could have been resolved behind closed doors.
Cr Cameron Caldwell agreed with Cr Vorster that there was insufficient evidence the Mayor, on the balance of probabilities, had exceeded his authority.
“I think on reflection perhaps there was some fault in both houses,” he said.
But Nerang councillor Peter Young judged the email as “harsh and intimidatory” and threatening.
Veteran councillor Gary Baildon was not offended by Cr McDonald’s Facebook post.
“There could be some history there. In the wash-up I think they’ve both ... I think the Mayor on balance has jumped to a conclusion far, far too quickly,” he said.
But Councillors Gail O’Neill and Pauline Young disagreed with Cr Baildon.
Cr O’Neill argued that Cr McDonald was consistently anti-light rail and she believed the Mayor’s email was “quite polite and official”.
Cr Young was “taken aback” by it. Their view suggested Cr McDonald was being provocative.
Cr McDonald has declined to comment.
Cr Tate said the umpire’s decision had ruled that he was “not out” and so “I’ll keep batting”.
Asked about Cr McDonald, he replied: “My door is always open to all councillors to come and see me if she has something she would like to discuss.”