By Brian Bennion
TWO Ipswich councillors cleared after complaints against them for raising concerns in the media about the Mayor’s conduct have hailed the decision as a win for freedom of speech.
A three-year investigation by the Councillor Conduct Tribunal (CCT) found that Ipswich Deputy Mayor Nicole Jonic and former Governance Committee Chairman Jacob Madsen had not engaged in misconduct.
The councillors had raised concerns with the Council CEO and in Council meetings about a report on a community survey which had been altered at the request of Mayor Teresa Harding before it was handed to the Council for consideration.
Crs Jonic and Madsen subsequently raised their concerns at a media conference in July 2022.
The community survey was about the renaming of Pisasale Drive and Paul Pisasale Bridge. Thousands of comments and the recommendation to Council were altered in the report to Council at the request of the Mayor.
The Office of the Independent Assessor dismissed four complaints against Mayor Harding about her conduct in altering the report within days of receiving them and upheld complaints about comments made by Crs Jonic and Madsen to the media on the issue, referring the complaint as “misconduct”.
The complainants in the matter against Crs Jonic and Madsen have not been identified.
The Tribunal found there was “no aspect or element of dishonesty in the actions of Crs Jonic and Madsen” and they were obligated under the Local Government Act to raise their concerns regarding the Mayor’s conduct.
“Having attempted to raise their concerns with the CEO in a closed-door meeting, then in Council, it was apparent that they were frustrated by the Mayor’s responses,” the Tribunal stated.
“It is a reasonable conclusion to draw that they would seek to air their concerns with the media, having an obligation to ensure that ratepayers of the Council’s jurisdiction were aware of the concerns tied up in renaming the assets.”
Cr Jonic said the Tribunal’s decision upheld a basic right for elected councillors to raise concerns and challenge the direction of Council in the interest of ratepayers.
“It is difficult to comprehend why comments from an elected representative in the media that are truthful and in the public interest are subject to a three-year long investigation,” Cr Jonic said.
Cr Madsen said he hoped the decision would be used as a precedent by the OIA when assessing matters.
“Councillors must be more strongly supported by agencies such as the OIA in future to fulfil their role and meet the local government principles to explain their reasoning behind decisions to the community,” he said.
“It’s important that there is a framework for complaints about councillor conduct in Queensland, but that should not inhibit a councillor’s ability to talk to the media about the performance of their Council.
“Councillors need to be able to take part in public debate to fulfil their role – provided they are appropriate with their comments and do so honestly, they should not face any adverse conduct claims.
“An adverse finding would have potentially set a precedent that councillors cannot raise concerns
about their Council in the media.”
Cr Harding was asked by this newspaper if she filed the complaint, and also for comment on the decision, but did not respond.
