Councillor is cleared
A BALONNE Shire councillor has been cleared of allegations he influenced a council officer who was tasked with drafting a new water policy
This follows a three-year investigation.
The Councillor Conduct Tribunal heard a council officer was asked to draft a procedure governing the sale of the council’s excess water entitlements obtained under the St George Water Supply Scheme.
The CCT was told the council worker would liaise with a councillor with relevant expertise.
It was put to the tribunal that the councillor met with the council officer about the policy and suggested changes concerning late payments of water buyers, and clarity around withdrawing offers when payments weren’t made on time.
The employee incorporated these changes before the documents were considered by the council, according to the CCT.
The Office of the Independent Assessor said because of his conflict of interest, the councillor should have refrained from dealing with the council officer in a way that could constitute influence within the meaning of the Local Government Act.
The OIA went on to say he had influenced the officer by suggesting amendments which were included in the draft policy and procedure put to council.
In dismissing the allegations, the CCT said while it could be said the councillor’s input had modified the content of the draft policy, it was not satisfied this amounted to influence under the Act due to the nature of the councillor’s proposed changes, and because his interactions with the officer was suggested to him by a council executive.
The influence provision considered in this decision started in May 2018, however this provision has since been amended to have broader application.
When asked about the CCT’S finding, Balonne Shire Mayor Samantha O’Toole said she was pleased to see the councillor had been cleared of the allegation.