A Tasmanian councillor has been suspended for three months for "bullying" two local business people on social media — but has since doubled down on her own Facebook page and says she is being "persecuted".
The Local Government Code of Conduct panel found Glenorchy Alderman Kelly Sims "attacked" Leah Clark and Beau Thompson in both a local ratepayers group on Facebook and on their business's Facebook page.
The panel found Ms Clark initially engaged with Alderman Sims on Facebook on October 5 last year, after seeing her respond in what she thought was "a rather hostile manner" to another member of the public on a Glenorchy ratepayers group.
Ms Clark posted in support of the person's post, with Alderman Sims replying in what Mr Thomson claimed was a "very aggressive, demeaning, intimidating and bullying" manner.
The panel found Alderman Sims accused Ms Clark of being "bias", and "too afraid to hear or share the truth".
She also claimed Mr Thomson "lacked professionalism" in a post on his business's Facebook page, claiming he was conflicted as his business had been previously contracted to work for the council and Mayor Bec Thomas.
Alderman Sims, who was first elected to the council in 2018, also called Ms Clark a "so-called educator".
"Given that these statements were posted during the period just prior to the Tasmanian Local Government elections, the panel determines that as well as intending to cause detriment to Ms Clark et al, they were also intended to improperly influence the ratepayers of Glenorchy to vote for Ald Sims, who was running as a mayoral candidate as well as an Alderman," the panel said in its report.
"The posts contained a number of derogatory comments about the then-mayor, Ald Thomas, against whom Ald Sims was running."
The panel also found Alderman Sims made further "challenging and derogatory" comments about Ms Clark on Facebook, finding the persistent posts were "embarrassing and offensive" to her, and amounted to bullying of her and Mr Thomson.
Alderman threatened to 'name and shame' complainant
The panel found Alderman Sims also threatened to share Ms Clark and Mr Thomson's names and the name of their business publicly unless they withdrew their code of conduct complaint, finding Alderman Sims was "prepared to resort to additional bullying and harassment in her efforts to have the complaint withdrawn".
Alderman Sims refused to participate in the code of conduct panel's investigation, arguing the process was "corrupt".
It found she had demonstrated no remorse for her actions and "does not appear to understand that her behaviour could not be considered reasonable when so many of her damaging statements were made without any evidence whatsoever".
"Additionally, the panel considers that her making threats against the complainant and his fiancé, and the panel, is completely unacceptable and in addition, amount to bullying and harassing conduct which may well constitute attempting to obstruct, prevent or pervert the due course of justice or the administration of the law," the panel said in its report.
The three-month suspension took effect on January 23.
Alderman Sims' image and contact details have been removed from the council's "your aldermen" page and she is unable to attend meetings while the suspension is in place.
Alderman Sims has since posted to her Facebook page that she was working on appealing the determination.
She told the ABC she is being "persecuted for holding her fellow council representatives to account".
"I have a right to seek justice in accordance with the law in this country, but the right doesn't count if can't be exercised. I also believe that the bias, adversity and clear targeting of me by a group is circumstantial enough to now argue and prove.
"It's a sad day when you are punished for doing your job properly."
Alderman Sims said she was trying to highlight a conflict of interest between the business owners and Alderman Thomas, and denied being aggressive or attempting to bully anyone.
The code of conduct report found Alderman Sims had provided no evidence of a conflict of interest.
A Glenorchy City Council spokeswoman said the council noted and respected the decision, and would not make further comment.
Alderman Sims is set to appear in the Hobart Magistrates Court next month, after last year pleading not guilty to two counts of failing to keep a determination report confidential.
