REDLAND City Mayor Jos Mitchell has addressed the public regarding the process for handling complaints about possible breaches of councillor conduct through the Office of the Independent Assessor (OIA), offering insights into the complexities of the system and expressing concerns about its fairness.
The Mayor’s comments come amid a growing number of complaints about councillor conduct in Queensland, including a complaint recently lodged against her following a controversial Facebook video.
The video, in which Mayor Mitchell explained her absence from a Southern Moreton Bay Islands (SMBI) council visit, sparked complaints and led to an investigation by the OIA.
In the video, Mayor Mitchell stated that she and other councillors were excluded from the visit, which prompted questions about the delegation’s transparency.
At a recent public meeting, Mayor Mitchell began by explaining the basic framework of the OIA process, stating that anyone can file a complaint against a councillor, whether it be another councillor, a member of council staff, or a member of the public.
The OIA, which is responsible for assessing complaints related to councillor conduct, does not conduct full investigations.
Instead, it reviews information from the complainant and determines whether the matter involves a Code of Conduct breach.
If the OIA deems the complaint potentially valid, it is forwarded back to the local council for further investigation.
“They will make a determination on the information provided to them by the complainant about whether or not to progress that complaint,” Mayor Mitchell explained, keen to stress that she was not speaking about a particular OIA matter.
Once the complaint is returned to the Council, operational council appoints an investigator to investigate the matter.
The investigation is funded by ratepayers, and the investigator’s findings are compiled into a report.
The Council then makes a determination based on this report.
However, Mayor Mitchell pointed out an important aspect of the process that has raised concerns: the Council’s ability to override the investigator’s conclusions.
“As is current policy, elected Council can vote against the recommendation of a report,” she said.
“So, you could have a report that said there is nothing to see here, but Council can resolve to proceed anyway.”
Mayor Mitchell also raised concerns about the fairness of the process, particularly about natural justice.
Once the Council has made a determination, there is an appeals process available, but Mayor Mitchell warned that it could be costly and time-consuming.
The appeals process, she explained, could further drag out the resolution, placing additional financial and time burdens on all parties involved.
Mayor Mitchell was keen to point out that she was not discussing any particular OIA matter.
