Media statement - Concern over petition based on inaccurate and misleading information

Scenic Rim Regional Council is aware that the Scenic Rim Residents Action Group has launched a petition on change.org accusing the Mayor and 'council bureaucrats' of bullying by issuing Cr Swanborough a recent 'fine' for "inappropriate conduct".

Scenic Rim Regional Council Acting CEO Caroline McMahon said the basis for the petition was inaccurate and misleading.

"I absolutely respect the whole agenda around democratic voice and I'm certainly a supporter of transparency," she said.

"But I'm disappointed about misleading or inaccurate information being placed in the public arena, as the community passes judgement on the basis of that information."

Ms McMahon said Councillors and the CEO have a legislative obligation to report all matters relating to Councillor conduct appropriately, regardless of which Councillor it is. 

Once a matter is referred, Council has no influence over the decision of the Office of the Independent Assessor (OIA).  When a recommendation is made by the independent investigator, it is then brought before Council for a vote on the matter.  This is a decision of the elected Council, not of any one Councillor or Council officer.

As the public record shows,  it was a decision of unconflicted Councillors (excluding the Mayor) to require Cr Swanborough to reimburse part of the cost of the investigations pertaining to his matters. This is not a fine, but rather recognises the interests of ratepayers by recovering some of the costs which were incurred.  

Council is concerned that the change.org petition speculates that complaints are unfounded, frivolous, vexatious and politically motivated, and suggests that Cr Swanborough is being targeted in the complaints process.

Ms McMahon said that the suggestions that Cr Swanborough is being singled out in the complaints process were absolutely false.

Council does not have visibility of the number of complaints made about any Councillor, nor about the complainant  (until matters are individually closed out). 

A complaint may be dismissed for a number of reasons, including that it is not in the public interest to invest resources in investigating the matter; or the matter is deemed unfounded; or the complaint is found by the Office of Independent Assessor (OIA) to be vexatious. 

Ms McMahon said that Council publishes this information on its website, in the Councillor Conduct Register.  Information relating to the dismissal of complains  usually does not name individual Councillors, however Councillors may choose  to be named on the Councillor Conduct Register for all matters which relate  to them.  For more information: councillor-conduct-register-april-2020-march-2024 (scenicrim.qld.gov.au)

"If a decision is dismissed, the immediate assumption should not be made that the allegations were  unfounded. The only accurate measure of the number of complaints dismissed because they are 'vexatious' or 'frivolous' is where that has been specifically stated by the OIA,"  Ms McMahon said.

Conversely, of all complaints submitted in the current term of Council, there have been three findings by independent investigators, and subsequently by Council, of inappropriate conduct.  All three relate to the conduct of one Councillor. 

"Those matters were not 'minor' or 'unjustified'.  An independent investigator and the Council itself deemed these matters to be inappropriate conduct," Ms McMahon said.

Ms McMahon said some of the comments  in the online change.org petition were offensive to the entire  Council, including hard-working officers.

"It's incredibly disappointing," she said.

"I have a real concern about the impact this will have on our people who are highly qualified, committed to delivering services to our community and who are now being subjected to this vilification online.

"It is unjust because it is just not based on fact."

Ms McMahon said another inaccuracy in the petition related to the amount of money spent on investigating the complaints.

"The petition incorrectly identifies that $180,000 has been spent on external investigations into inappropriate conduct matters," she said.

"There was a budget increase of that amount for legal expenses, which covers all legal costs to Council, including where elected representatives request legal advice on a variety of matters."