Media Response - Council Member Behavioural Complaint
Published on 30 January 2025
Response to The Advertiser.
The journalist sought information relating to the Council Member Behavioural Complaint discussed at the 28 January 2025 Ordinary Council Meeting in particular:
- Sparke Helmore wrote: “Further, consistent evidence was provided that ‘speaking up’ about inappropriate behaviours often resulted in victimisation by the alleged ‘bullies’.” What is council's response to these findings?
- How will council address the "toxic" environment referred to in the findings?
- Is the Mayor concerned about the culture within council at the moment?
- Was Sparke Helmore specifically asked to investigate the wider culture of council?
- What decision was made at last night's council meeting in regard to Ms Davey's latest breach?
- Will all councillor's now have to attend additional behavioural training as per Sparke Helmore's recommendation? What exactly does that training involve?
Comments attributed to CEO Julia Grant.
Sparke Helmore wrote: “Further, consistent evidence was provided that ‘speaking up’ about inappropriate behaviours often resulted in victimisation by the alleged ‘bullies’.” What is council's response to these findings?
Our focus remains on delivering for the community, ensuring that Council members uphold the standards expected of them and creating a positive and collaborative working environment.
How will council address the "toxic" environment referred to in the findings?
We will take all necessary steps to support Council Members' concerns that were expressed during the investigation, to ensure respectful interactions in the future.
Is the Mayor concerned about the culture within council at the moment?
In all organisations there are differences in opinions and different ideas are expressed. We need to move forward and focus on delivering for our community.
Was Sparke Helmore specifically asked to investigate the wider culture of council?
As per the Final Investigation Report tabled in the Council Meeting Agenda, the scope of the investigation is detailed in the Sparke Helmore report:
The City of Burnside (Council) appointed Sparke Helmore Lawyers pursuant to the Council’s Behavioural Management Policy (Policy) to investigate whether Councillor Jane Davey (Cr Davey) engaged in conduct contrary to the Behavioural Standards for Council Members (Standards) following receipt of a formal complaint (Complaint BMC 2024-001).
What decision was made at last night's council meeting in regard to Ms Davey's latest breach?
Council moved the Recommendation:
That Council:
1. Receives the Final Investigation Report for Behavioural Management Complaint BMC-2024-001 prepared by Sparke Hellmore Lawyers.
2. Notes the findings of the Final Investigation Report regarding Allegations 1, 2, 3 and 4 where Sparke Hellmore Lawyers have found that all allegations are substantiated and that Councillor Davey's conduct amounts to a breach of the Behavioural Standards for Council Members in that she failed to:
a. act in a reasonable, just and respectful way (section 1.4)
b. establish and maintain relationships of respect and trust with Council members (section 3.1) and
c. ensure a positive and constructive working relationship within Council (section 2.5 and section 59 of the Local Government Act 1999).
3. Notes that the substantiated conduct of Councillor Davey (when combined) also amounts to a breach of section 3.2 of the Behavioural Standards for Council Members, which provides that Council members must not bully other Council Members.
4. Approves the following recommended actions, being:
a. that Council formally informs Councillor Davey in writing of the following:
i. the investigation has been completed and acknowledges her cooperation in the process;
ii. that the allegations have been substantiated;
iii. that there have been findings that she has breached the Behavioural Standards for Council Members; and
iv. any actions which the Council determines to take in response to the findings of the Investigation Report
b. that additional training be provided for Councillor Davey and counselling to Councillor Davey about the Behavioural Standards for Council Members, her obligations under work health and safety legislation and expectations regarding acceptable behaviours towards other councillors and Council employees generally.
5. Places Councillor Davey on notice that any substantiated 'repeated misbehaviour' (as defined by the Local Government Act 1999) with respect to Councillor Henschke will result in a referral to the Behavioural Standards Panel.
6. Notes the Final Investigation report finds that Councillor Davey and other Council members are engaging in inappropriate conduct, there is a culture that victimises persons who speak up about inappropriate behaviours and that there are broader cultural issues that should be addressed before any individual Council member is referred to the Behavioural Standards Panel.
7. Arranges for training for all Council members in the 2025 Council Member Training and Professional Development Plan on the Behavioural Standards for Council Members, their obligations under work health and safety legislation and expectations regarding acceptable behaviours towards other Councillors and Council employees.
Will all councillor's now have to attend additional behavioural training as per Sparke Helmore's recommendation? What exactly does that training involve?
As per the outcome of the Council Meeting, an update on Council Member’s obligations under work health and safety legislation will be included in their yearly training plan.
Completion of mandatory training is a statutory obligation for all (continuing and new) council members. A listing of this mandatory training can be found on our Training Register https://www.burnside.sa.gov.au/files/assets/public/v/5/about-council/policies-plans-amp-reports/public-registers/ecm_5905579_v21_register-of-council-member-training-development.pdf
The training modules that address obligations under work health and safety legislation include ‘Council Member Behavioural Standards’ and ‘Council Member Behavioural Expectations’.
Details on these modules can be found at page 5 in the LGA SA Training Standards for Council Members at this link: https://www.lga.sa.gov.au/__data/assets/pdf_file/0021/1218342/LGA-Training-Standards-for-Council-Members.pdf