The referral [for this case] arose out of a report made to the Office for Public Integrity.
It is alleged that during a confidential meeting of the District Council of Coober Pedy on 19 January 2016, Cr Paul Reynolds failed to declare and appropriately deal with an interest in a motion that the council execute a Power Purchase Agreement with an energy supplier, Energy Generation Pty Ltd.This issue concerns an alleged breach of clause 3.13 of Part 3 of the Code of Conduct for
Council Members (the Code). Failure by a council member to comply with Part 3 of the Code constitutes misconduct. Contravention or failure to comply with the Code also constitutes grounds for a complaint under Chapter 13, Part 1 of the Local Government Act 1999, which, if substantiated, is a ground for disciplinary action.
I have therefore considered this matter under section 5(3)(a) of the ICAC Act, which provides that ‘contravention of a code of conduct by a public officer while acting in his or her capacity as a public officer that constitutes a ground for disciplinary action against the officer’ amounts to misconduct in public administration.
My investigation has involved:
assessing the information supplied to my Office
seeking a response from the council
seeking and considering a response from Cr Reynolds
seeking further information from Cr Reynolds
seeking and considering a response from Cr Boro Rapaic
o the Local Government Act
o the Associations Incorporation Act 1985
o the Code
preparing a provisional report and seeking the views of Cr Reynolds and the council
considering an additional complaint raised with my Office and seeking the views of that complainant about my provisional report
preparing this final report
READ THE OMBUDSMAN’S FINDINGS HERE: http://www.ombudsman.sa.gov.au/wp-content/uploads/District-Council-of-Coober-Pedy-Failure-to-declare-a-conflict-of-interest.pdf
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