By Emily-Rose Toohey
Southern Downs councillor Cynthia McDonald resigned from the Warwick Saleyards Committee last week due to three complaints against her being investigated by the Office of the Independent Assessor (OIA) since 2020.
In a letter addressed to Southern Downs Regional Council (SDRC) Mayor Vic Pennisi and SDRC CEO Dave Burges, Cr McDonald said these complaints would likely proceed to the Councillor Conduct Tribunal.
“In my opinion, these complaints were vexatious and weaponised to have me removed from the chambers during debate over the re-development or upgrade of the Warwick Saleyards,“ she said.
“Unfortunately, the rules and regulations that govern local government have become so restrictive that those with subject matter knowledge or professional expertise are now often removed from any level of debate, due to conflicts of interest.“
However, Cr Pennisi said that he believed Cr McDonald’s resignation was premature.
“Cr McDonald has a lot to offer and we hope she reconsiders,“ he said.
“Our colleagues have agreed that we believe she doesn’t have a conflict of interest – she’s never been removed from the room or the vote.“
The councillor’s resignation follows an impassioned speech at the 13 April Ordinary Council Meeting, when she said she would like to exercise her right for freedom of speech.
“I don’t apologise for being a proud Australian farmer,“ Cr McDonald said.
“I don’t apologise for supporting our local saleyards industry by selling my cattle through them.
“And most of all, I don’t apologise for my integrity.“
The councillor continued her speech and said she apologised to the community for the bureaucratic institutions (referring to the OIA) who are under investigation for poor decision making processes.
“And most of all, I apologise to my colleagues in local government who have been subjected to endless stresses, from what I believe are self-serving, bureaucratic processes,“ Cr McDonald said.
These investigation processes are conducted by the OIA, which is a body that assesses complaints against councillors and decides whether suspected misconduct should be investigated or dismissed.
An OIA spokesperson said it was difficult to know the exact time frame of a complaints investigation.
“We first assess the complaints which is completed quickly, then an investigation is undertaken, which can take up to six months,“ the spokesperson said.
After this process, investigation results may go through the legal team to the Councillor Conduct Tribunal, which the spokesperson said is an independent body separate from the OIA.
“Only four per cent of complaints make it to the tribunal, who will decide if there’s been misconduct – there’s no say over how long that would take,“ the spokesperson said.
The 2018-established organisation is currently under a parliamentary inquiry that is looking into the OIA’s functions, which the committee resolved to conduct in October 2021.
This followed a request from the Deputy Premier, Minister for State Development, Infrastructure and Planning, and Minister Assisting the Premier with Olympic Infrastructure.
Furthermore, the spokesperson said when the OIA was first established, it was set up with 10 people and the idea that only 160 complaints would be received – this number was achieved in 11 working days.
“We receive more than 3600 complaints,“ the spokesperson said.
Council has been vocal in its criticisms of the OIA and its processes, which Cr McDonald said are at times wasting her colleague’s time with vexatious complaints.
“I ran for politics to use my knowledge and professionalism to assist our community,“ she said.
“I can no longer be on a committee (saleyards) where my professional knowledge is brought into question for no valid reason.“
