Six allegations of bullying and serious misconduct within Benalla Rural City Council went before an independent panel in August, with the results announced this week.
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All allegations were ultimately rejected.
Cr Punarji Hewa Gunaratne made the allegations against fellow councillor Peter Davis based on six incidents between September 1, 2021 and March 6, 2022.
Those allegations ranged from being bullied via email to being intimidated in council meetings and ‘councillor only time’ meetings and during meetings with the mayor.
The findings of the panel were that pursuant to section 167 (1)(d) of the Local Government Act 2020 the panel dismissed the application, having made no findings of serious misconduct against Cr Davis in relation to any of the six allegations.
It presented this conclusion:
“In light of the findings in relation to each of the six allegations, the allegation of bullying is not made out. Accordingly, the application for a finding of serious misconduct against Cr Davis is dismissed.”
Councillors react to bullying claims
At its meeting on Wednesday, August 23 Benalla Rural City Councillors Justin King and Danny Claridge spoke about the claims of bullying and the findings of the panel
Cr Claridge:
I know how Cr Davis feels, as I also had to defend 12 frivolous and untrue allegations against me.
It’s a very stressful experience for the accused, and their family, having to deal with charges that were intended to damage the reputation of the respondent.
There is also a financial cost to the council and the ratepayers in having the state government form a panel, travel to Benalla for a hearing, then consider the matters and deliver a determination and have that finding published.
In Victoria, when all councils are operating, there are 79 councils, made up of 645 elected members.
In the 2023 calendar year so far, there have been 19 allegations of misconduct by these 645 councillors, one from Moyne Shire involving releasing confidential information to a Warrnambool paper that was dismissed, and the other 18 were from Cr Gunaratne, and these also have all been dismissed.
I’m sure many of the other 643 councillors have had issues, disputes and grievances but have solved them in other ways, mainly through their council code of conduct.
At the beginning of an ordinary council meeting we make the pledge: “That my conduct shall maintain the standards of our councillor code of conduct.”
Also when we were sworn in as councillors we signed the code, declaring that we would abide with it.
The councillor code of conduct document has clear conflict resolution steps that begin with self-resolution and continue through to mayoral negotiation and mediation.
I urge the councillor to use this process like the other 643 councillors in the state to solve any future grievances that may occur, as self-resolution is by far the best way to solve disagreements and move on.
Cr King:
I can see that this has had an impact on Cr Davis, and I am bewildered to how this has taken almost 12 months from start to finish to get to this point tonight.
That is a long time to have this weighing on councillors involved.
I have said this before, and will say it again, that we are all here for the right reasons.
We are all encouraged to participate in respectful and robust debate and to challenge each other on views and opinions relating to council matters.
This is what the people of Benalla expect of us.
Our code of conduct provides clear advice on how councillors can raise grievances with each other, as they happen to resolve internal issues. This includes councillor self-resolution, mayoral negotiation, mediation, or as a last resort, arbitration.
There are multiple ways a councillor can raise a grievance and attempt to resolve issues, as they happen, which if resolved won’t incur significant costs to the council (and) Benalla rate payers.
Whilst it is every councillor’s right to lodge an application to the Councillor Conduct Panel — this should, in my view, only be considered if attempts to resolve the matters, as they happen, have failed.
I would like the council to consider a review of the current COC, to consider how we can support councillors to follow these initial steps to attempt to resolve issues.
I’ll finish by saying that all councillors have the right to raise matters with each other, and all councillors should feel able to challenge each other, communicate with each other in this place without fear of doing so.
At the Benalla Rural City Finance and Planning Committee meeting held on August 23, Cr Davis spoke about the allegations and findings.
“I will say that this has been a challenging time over the past 12 months for me, my family and business,” he said.
“I have had to take leave from council and my business to work through this over the past 12 months.
“I have been a councillor for 18 years and in that time I have worked alongside some great councillors.
“In this time I have always respected the views of others. I have always encouraged debate and have been a part of this myself — that’s what we are here to do, debate and challenge each other.
“To be accused of six allegations of serious misconduct is personally upsetting. I have never had an allegation like this made against me before and never want to go through a process like this again.
“I have always represented myself with the greatest integrity and to be approachable and open (sic). Anyone can speak to me about anything, and in particular, if they have a grievance or have taken offence by something I may have said.
“Whilst there has been no findings of serious misconduct, the time, the cost and personal impact is still there.
“Had these issues been addressed at the time I would have happily sought to correct any concerns — this never happened.
“The question now is, moving forward, how do we ensure that any grievances that a councillor may have ... can be addressed?
“I thank those who have supported me during this stressful time. I am relieved that those allegations of serious misconduct ... were dismissed.”
Cr Davis said he encouraged ratepayers to view the panel’s full report, which can be found in the agenda for the August 23 council meeting at this link:
This is the second independent panel that has reviewed accusations of bullying by Cr Gunaratne against a fellow councillor.
Allegation one
The first allegation relates to two emails sent by Cr Davis on March 25, 2022 — the first sent to Cr Danny Claridge and Cr Gunaratne, the second sent to all Benalla Rural City Councillors.
The emails pertained to a post on a Facebook page made by a person whose name has been redacted. However in that allegation it states the person whose name was redacted is Cr Gunaratne’s wife.
Cr Gunaratne stated he felt threatened, bullied and unsafe because of the behaviour of Cr Davis in sending these emails.
In his written submission Cr Davis said the emails were a response after he read an email from Cr Claridge referring to Facebook posts, which he said pertained to the redevelopment of Benalla’s visitor information centre and museum.
Cr Davis believed the posts were misleading and that Cr Gunaratne was closely associated with the Facebook page. He also stated Cr Gunartne was a fierce opponent of the redevelopment.
In the first email Cr Davis had used the term “poke the bear” and Cr Gunaratne said the expression had been used toward him in ‘councillor only time’ meetings.
Cr Davis admitted “poke the bear” was not the right phrase to use but was not meant as a threat. However, he said the Facebook page in question was very critical of councillors and that a councillor should follow a decision of council.
Allegation two
The second allegation relates to a meeting between Cr Gunaratne, Cr Davis and Mayor Bernie Hearn.
The three met on June 28, 2022 to discuss an official complaint lodged against Cr Gunaratne by Cr Davis.
Cr Gunaratne said he felt that Cr Davis abused the mayoral negotiation procedure to bully and harass him.
He said he was yelled at throughout the negotiation and told not to answer questions at council meetings.
His application stated he felt intimidated, as the negotiation was used to create an isolating and bullying experience.
He also said Cr Davis was allowed to behave in an intimidating manner throughout the meeting.
He told the panel Cr Davis was “looking at me and yelling at me ... banging on the table”. That statement, however, was not referred to in his application.
Cr Davis denied yelling, and submitted an email from Cr Hearn in his defence.
That email stated that both Cr Gunaratne and Cr Davis conducted themselves in an appropriate manner during the meeting.
Allegation three
The third allegation pertains to the Benalla Rural City Council meeting on April 20, 2022.
Cr Gunaratne said he was bullied in that meeting. Specifically he pointed to Cr Davis stating that Cr Gunaratne “cannot have had a copy of the proposed budget”. He also said Cr Davis slammed the document on the table.
That council meeting can be viewed at www.youtube.com/watch?v=KADKDa7QY_I
Allegation four
In the fourth allegation Cr Gunaratne said that on November 3, 2021 at a ‘councillor only time’ meeting Cr Davis told him he asked too many questions at the October 27 council meeting (www.youtube.com/watch?v=nfl05JpKewY).
Cr Gunaratne also stated that Cr David threatened him by saying: “If you ask questions like that at a council meeting again I will get a point of order against you.”
He also said Cr Davis told him that he took up too much time at council meetings.
Cr Gunaratne said he felt intimidated by the threat and that he felt singled out and isolated.
Cr Gail O’Brien, in a written statement, said she did not recall the specific details of that COT meeting.
Cr Justin King, in a written statement, said he recalled the COT meeting in question.
He said Cr Davis had raised the subject regarding the number of questions Cr Gunaratne had been asking in council meetings and was respectfully providing advice.
Cr King said he recalled Cr Davis speaking about either the councillor code of conduct or council’s governance rules 2020 (although he said he could not recall which one), and how a councillor could call a point of order if another councillor was asking too many questions.
He said in his opinion “it was not a threat nor was it intended to incite an action of applying the CCOC or CGR2020”. He also said he did not believe the language used by Cr Davis was intimidating or threatening, stating he felt it was an educational discussion that was to guide a fellow councillor.
Allegation five
Cr Gunaratne alleged that during a council meeting on September 1, 2021 Cr Davis deliberately interrupted him while he was asking questions.
He stated that Cr Davis was putting his hand up and waving repeatedly, which made him feel intimidated and bullied.
The council meeting can be viewed at www.youtube.com/watch?v=V6v6x7HFaAU/
That council meeting was held online, and Cr Davis said he did put his hand up and wave in order to attract the attention of the meeting chair.
Allegation six
Cr Gunaratne stated that at a ‘councillor only time’ meeting on September 1, 2021 Cr Davis was disrespectful and referred to him as a “puppet”.
He said Cr Davis was attempting to suggest to other councillors that Cr Gunaratne was not making up his own mind, and that he was a puppet of a group of people with whom he should not communicate.
In his written statement Cr Davis said he spoke at the meeting, to all councillors, about his concerns regarding a group in the community who after each council election try to ingratiate themselves with councillors and become part of their inner circle in an attempt to manipulate these councillors and manipulate their agenda. He also noted “their desire to make new councillors their puppets”.
He stated he did not refer to Cr Gunaratne as a “puppet”.
Councillors Claridge, O’Brien and King all provided statements that they were present at the meeting.
All said nothing was said by Cr Davis that would be construed as disrespectful.