May 2016: Kangaroo Island Council – Complaint Investigation The Ombudsman reviewed a complaint as to whether a complaint to the Commission had been reviewed in accordance with the Council`s Staff Code of Conduct and whether it was legitimate for the Commission to make confidentiality orders pursuant to Section 90 (2) of the Local Government Act with respect to the complaint. The Ombudsman found that the Commission had acted in a manner that was wrong with respect to its order under Section 90.3 (a) of the Local Government Act. The Ombudsman recommended that the Council report to it on its system with regard to confidential meetings. Sectoral agreements are formal cooperation agreements between the SA government and certain companies, industries, community groups and regions to contribute to the fight against climate change. September 2018: City of Gawler – Violation of the Council Code of Conduct The Ombudsman examined whether Mayor Redman did not properly declared and dealt with a conflict of interest. The alleged conflict of interest arose at the June 13, 2018 City Council meeting, which began at 7 p.m. At 4 p.m. the same day, the Local Government Association (LGA) issued a press release announcing that the new LGA president would be Cr Sue Clearihan of the City of Adelaide. The press also reported that Mayor Redman had been appointed vice-president of the LGA. At the June 13, 2018 City Council meeting, an application was made for the request for the board to remain a member of the LGA. The application has been amended to propose that the municipal administration conduct an investigation into the value of the board that remains a member of the LGA. Four councillors voted for and against, respectively.
Mayor Redman voted against the motion. The Ombudsman considered whether the Council had spent funds to participate in an Opal symposium, but the Ombudsman concluded that there was no evidence that the Council, and therefore a further investigation into this issue, was considered unnecessary and unjustifiable within the meaning of Section 17,2)d) of the Ombudsman`s NusK Act. April 2019: City of Victor Harbor – Violation of councillor`s code of conduct – Cr Peter Charles The Ombudsman examined whether Cr. Peter Charles had a conflict of interest regarding the Council`s review of a final report of the Ombudsman`s previous investigation into a complaint against Commissioner Charles. The final report of the previous inquiry was discussed at a Council meeting on 23 July 2018. During the meeting, three requests were made for the final report, my findings that Cr Charles had violated the code of conduct and the recommendation that Cr Charles should offer a public apology for exchanging false information to the general public. All three requests were made. The official recording of the Council meeting shows that Cr Charles did not state that he had a conflict of interest and that he had voted against any request. August 2016: Rural City of Murray Bridge – Non-enforcement action The Ombudsman investigated ICAC`s dismissal for maladministration against the Chief Executive Officer, the Mayor and the Council in relation to the lack of enforcement action against a company that did not comply with the 1993 Development Act. Although the Ombudsman did not consider that there had been maladministration within the meaning of the ICAC Act, he found that the Council, within the meaning of the Ombudsman Act 1972, took into account irrelevant considerations and acted erroneously by not acting earlier in the application of the Ombudsman`s Act 1972.