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‘Serious misconduct’: Gold Coast mayor falls foul of council disciplinary body

Gold Coast Mayor Tom Tate committed misconduct and has narrowly escaped being suspended after he was found to have improperly interfered in disciplinary proceedings against his former chief of staff and right hand man.

Jul 22, 2022, updated Jul 22, 2022
Gold Coast Mayor Tom Tate. (AAP Image/Dan Peled)

Gold Coast Mayor Tom Tate. (AAP Image/Dan Peled)

Queensland’s Councillor Conduct Tribunal also found Tate failed to declare a conflict of interest during a council meeting in 2017 that was considering scrutinising a number of directives, including those Tate had issued as mayor.

Tate has been fined a total of $3,446.25 and ordered to make a public apology on Facebook.

His misconduct was “viewed so seriously that the Tribunal considered whether it ought to recommend to the Minister that the Respondent be suspended as Mayor,” the findings revealed.

However, suspension was ultimately considered “too punitive” because Tate only had “one previous instance of misconduct,” it said.

The decision, made on 25 May and released late Thursday, found that between December 6 and December 12, 2015, Tate intervened to stop then CEO Dale Dickson taking disciplinary action against Tate’s former chief of staff Wayne Moran.

According to the decision, Dickson gave notice to Moran in November 2015 that he intended to take disciplinary action against him over Moran’s alleged “non- compliance” with the Council’s code of conduct and conflict of interest policy over his dealings with property developers.

On December 7, 2015, Dickson received a letter from Tate directing him to stop the disciplinary action against Moran, it said.

Then, on December 11, 2015, Dickson received another letter from Tate directing him to prove he had closed the investigation and ceased any action against Moran.

Tate had threatened if Dickson hadn’t stopped proceedings against Moran by 14 December 2015, he would move against Dickson over the CEO’s failure to comply with this direction.

“Though the Mayor may issue directions to the CEO, they may not do so in circumstances where the direction undermines the purpose/s of the Act,” the Tribunal finding said.

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It said it was “plainly apparent” from the evidence that when Tate was made aware of the disciplinary process involving Moran he stepped in to stop the process immediately.

“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.

“By exercising his power to issue directions to the CEO in the way he did, evokes the popular phrase of ‘sweeping things under the rug’.

“Such behaviour is entirely antithetical to the ethos, principles and purposes of the (Local Government) Act.”

The tribunal found that Tate also committed misconduct on the second allegation of failing to declare a conflict of interest in 2017 when council was considering a review relating to the exercise of his powers to issue directions to the CEO.

Tate “had at least a personal interest in protecting his reputation, and the public perception of his character,” the Tribunal finding said.

It is understood Tate is seeking to have the findings reviewed.

 

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