Gold Coast Mayor Tom Tate engaged in misconduct by directing the former council chief executive officer to stop disciplinary proceedings against another staff member in 2015, a Queensland tribunal has found.
In a scathing decision published on Thursday by the Councillor Conduct Tribunal, the council watchdog found: "The misconduct was viewed so seriously that the Tribunal considered whether it ought to recommend to the Minister that [Cr Tate] be suspended as Mayor".
Cr Tate has been ordered by the Tribunal to make a public admission on his official Facebook account that he has engaged in misconduct, within 60 days from the judgement delivery date on May 25.
He has also been ordered to pay almost $3,500 in penalties.
According to the decision, published on the Tribunal's website on Thursday, the Tribunal sustained allegations that Cr Tate engaged in misconduct by giving directions to then-chief executive officer Dale Dickson to "cease a disciplinary process in relation to his chief of staff", between December 6 and 12, 2015.
The Tribunal determined Cr Tate also failed to declare a conflict of interest during a council meeting in 2017.
Orders to cease disciplinary action
According to the decision, Mr Dickson gave notice to the Mayor's Chief of Staff Wayne Moran in November 2015, that he intended to take disciplinary action against him.
Less than one month later, on December 7, 2015, Mr Dickson received a letter from Cr Tate "directing him to cease disciplinary action against Mr Moran", the decision reads.
"On 11 December 2015, the CEO received a further letter from Councillor Tate directing him to provide evidence that the 'show cause' matter had been closed as he had directed earlier that week, by close of business on 14 December 2015," the decision said.
It also states the letter said if the direction was not carried out within 14 days "he [Cr Tate] would take the next step under the Act in relation to the CEO's failure to comply with this direction".
Mr Moran ceased disciplinary action against Mr Dickson on December 18, 2015, which the Tribunal found "interfered in the proper performance of the CEO's functions".
"Mayors must be civic leaders with a high benchmark for personal conduct, integrity and probity who demonstrate the types of behaviours they wish to see emulated by other Councillors," the decision said.
"Such behaviour is entirely antithetical to the ethos, principles and purposes of the Act."
Conflict of interest allegation sustained
An allegation of misconduct dating back to December 2017 was also sustained by the Tribunal.
It involved "a failure to declare a conflict of interest in a Council meeting where Council was considering directions issued by [Cr Tate] and whether Council ought to refer those directions to the Department of Local Government".
"Councillor Tate had a personal interest in the matter in that the recommendation related to a list of directions … which he issued as Mayor between January 2013 and November 2017," the decision said.
The decision said the directions contained in a confidential document "contemplated making a possible referral of his conduct to the Director General of the Department".
"[Cr Tate] … had at least a personal interest in protecting his reputation, and the public perception of his character," The Tribunal found.
"That personal interest could, as perceived by a reasonable and informed observer, have the potential to influence the [Cr Tate's] decision in carrying out his official functions in voting on the recommendation.
"In effect, [Cr Tate] could have been influenced in protecting his personal interest (in his reputation) by seeking to take steps such that his reputation never came under scrutiny (by removing the Recommendation from consideration by the CEO)."
A spokesman for the Office of the Mayor said Cr Tate was seeking to have the findings reviewed and would apply to the Queensland Civil and Administrative Tribunal to make an order staying the operation of the decision.
In addition to the public admission on Facebook, Cr Tate was ordered to pay two monetary penalties.
In relation to the 2015 misconduct, Cr Tate was ordered to pay $2,757.
In relation to the 2017 conflict of interest, he was ordered to pay $689.25.
Cr Tate has been contacted for comment.
