The state's independent Behavioural Standards Panel has today released an investigation report on City of Burnside Councillor Jane Davey. The Panel found that Cr Davey had engaged in misbehaviour, repeated misbehaviour and serious misbehaviour, and that the councillor had engaged in a sustained and escalating pattern of behaviour that fell well below the standards expected of an elected member.
Council has spent $94,623.75 over several years managing behavioural issues involving Cr Davey through legal advice, consultant support and ongoing training. This is equivalent to the annual rates paid by approximately 40 households.
The Panel report found that Cr Davey engaged in a sustained pattern of behaviour over several years that fell well below the standards expected of an elected member. This included repeatedly ignoring Council decisions and lawful directions, refusing to comply with requirements such as issuing a formal apology, and engaging in conduct towards another member that breached standards including bullying.
The Panel report stated that Cr Davey's continued poor behaviour has the potential to contribute to a complete breakdown of the council's democratic procedures and does not meet public expectations of how an elected member should behave.
The Panel noted that Cr Davey has been elected on 5 occasions therefore subject to significant training on what is and is not acceptable behaviour for an elected member.
All independent investigations, internal processes and sanctions had failed to influence any meaningful change in Cr Davey's conduct, and an external review by the Panel was required to safeguard the integrity of Council operations and the wellbeing of its members.
The Panel will reprimand Cr Davey by means of a public statement and has directed Council to:
- Pass a censure motion in respect of Cr Davey;
- Require Cr Davey to issue a public apology (in a manner determined by the Panel);
- Require Cr Davey to reimburse the council the specified amount of $1500 (which may include the reimbursement of the council's costs relating to investigation of the complaint and giving effect to an order under this section);
- Suspend Cr Davey from the office of member of the council for a period of 3 months without allowance.
- Lodge a complaint against Cr Davey with South Australian Civil and Administrative Tribunal (SACAT).
Sanctions that SACAT could consider include full reimbursement of all costs associated with managing the complaints from this behaviour, removing Cr Davey from office and disqualifying Cr Davey holding any office under the Act, including being a member of Council, a council committee or council subsidiary for 5 years.
City of Burnside CEO, Julia Grant, said that misbehaviour and bullying was a sector wide issue and that the poor behaviour of a minority of Council Members was discrediting local government.
'It is ultimately the community who bears the costs of this behaviour', Ms Grant said.
Ms Grant said that she hoped this finding serves as a deterrent for other individuals in the sector.
'This is a clear message for all elected members that behaviour which undermines the Council and damages trust will be addressed', Ms Grant said.
This finding is consistent with the recent independent Leadership and Behavioural Management Review commissioned by the Local Government Association of South Australia and undertaken by Flinders University, which identified that while most councils operate constructively, unconstructive behaviours by a minority of elected members can have a disproportionate and damaging impact on council culture, staff wellbeing and effective governance.
Ms Grant said that dealing with these behavioural issues has been disappointing as they do not reflect the overwhelmingly positive work that Council undertakes for the Burnside community.
'Council is on track to achieve financial sustainability and is proud of the environmental initiatives we are delivering including tree canopy and renewable energy projects, as well as community programs for new residents, young people and older residents' Ms Grant said.
'While there is an opportunity for a reset with the upcoming local government elections, my focus remains on working with the remaining council members on delivering for the community, in a positive and collaborative working environment, for the remainder of the electoral term', Ms Grant said.
Council thanks the Panel for their time and deliberations on these matters and will carry out the directions required by the Behavioural Standards Panel.
