Councillor Robyn Bain has been found in breach of the Code of Conduct and must deliver an unqualified apology to council and the community for her conduct.
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This is the second time that Cr Robyn Bain will have to apologise for her conduct after a finding of inappropriate behaviour for a public official last year over a social media exchange when she told a volunteer to “get a life”.
The findings and recommendations of the recent breach were presented by an independent reviewer.
Cr Robyn Bain was asked for a comment and said that she “would love to make a comment” but under the rules of the Code of Conduct was prohibited.
Councillor Russell Fitzpatrick was also investigated but council has agreed not to adopt the independent reviewer's recommendations and advise the Office of Local Government of the decision including reasons for this decision.
The decisions were part of a confidential session in the council meeting May 17 and followed a protest statement by ex mayor Michael Britten who said that the matter should be held in public.
Both Code of Conduct matters relate to discussions in a council meeting on December 14, 2016 when Mike Skitt, representing the Cattle Bay Marina development made a presentation before the company’s request for changes to its DA was discussed.
A motion to refuse the changes was won on a narrow 5-4 margin.
Now Cr Robyn Bain must apologise for her comments and actions relating to the matter at an upcoming council meeting within three months of the investigation.
The findings of inappropriate conduct by Cr Robyn Bain will be made public at an upcoming meeting and she will be formally censured under section 440G of the Local Government Act, 1993 for her breach of clauses 3.1 (b), (c), (d), (g), 3.2, 3.4, 3.5, 3.7, 4.2, 4.12, 4.13, and 4.16 of the Code of Conduct
She has been told to publicly acknowledge the findings of breach of the Code of Conduct and give an undertaking to council that she will avoid similar breaches in future.
Cr Robyn Bain must also deliver an unqualified apology to council and the community for her conduct and give an undertaking that she will not make negative or derogatory comments regarding the complaint(s), the outcome or the Code of Conduct process publicly including to the media.
Asked about whether or when she might make her apology, Cr Robyn Bain said: “I am considering my options. I have three months to do that.”
Councillors Mitchell Nadin and Tony Allen, who has himself been the subject of a Code of Conduct matter in the previous term of council, both voted against the actions in the closed session.
In the case of Cr Russell Fitzpatrick council has agreed unanimously not to adopt the independent reviewer's recommendations and advise the Office of Local Government of the decision including reasons for this decision (Clause 8.59 of the Procedures).
Further training on code of conduct matters particularly focusing on pecuniary and non pecuniary be held as a priority for all councillors, council has said.