Benalla Rural City councillors Danny Claridge and Justin King addressed a report into alleged bullying in council at its regular meeting on Wednesday, March 15.
As reported in the Ensign, BRCC Cr Punarji Hewa Gunaratne had made 12 allegations of misconduct against Cr Danny Claridge including allegations of bullying and bullying motivated by racism.
An independent panel rejected all 12 allegations.
The report explaining the allegations and the panel’s findings went before council at the meeting.
Cr Claridge took the opportunity to speak on the report and allegations.
“I have worked and lives in Benalla for over 45 years running businesses and employing people during that time, and never once did anyone accuses me of bullying or racism,” Cr Claridge said.
“So I was shocked when I received the unexpected allegations ...
“Cr Gunaratne deemed them too seriously to be dealt with through our code of conduct and rather than speak to me he asked the registrar to form a councillor conduct panel to hear it externally.
“This (is) expensive and not common, in fact I believe it’s the first time it’s ever happened in Benalla.
“What we have in front of us … here are the results of that hearing.
“The panel made it clear that there was no bullying and no racism occurred.
“The 12 frivolous and untrue allegations were dismissed and the panel indicated that the evidence was very week
“In allegation 12 the panel summed it up well in saying ... ‘A reasonable person, seeking all evidence would find that what was being engaged in was robust political debate rather than unreasonable behaviour that creates a risk to the health and safety.’
“This has been a very unsettling experience for my fellow councillors and (council) staff and unfortunately it appears to be ongoing.
“Madam Chair anyone who is so easily, and so often is offended needs to reflect on whether they should continue in their role as a councillor.”
Cr Justin King also spoke after the report went before the meeting.
“It wasn’t my intention to say anything tonight with regards to this matter but after receiving a few phone calls and a few members of the community speaking to me today regarding the article in the Ensign I thought it would be remiss of me not to make a couple of comments,” Cr King said.
“I’m not going to speak to the report and the 12 allegations, I’ll leave that to other councillors.
“I did just want to say, Madam Chair, that this council when elected back in 2020 agreed to, and signed the councillors code of conduct which outlines clearly the expectations of councillors in how we conduct ourselves in this role.
“It’s a document we agreed to, and follow.
“And it’s also a guiding document we follow in the event of having to resolve internal disputes.
“We’re all here to debate matters and we, at times, have a difference of views and opinions.
‘’But in this place, as elected members, we have a right to robust debate to challenge each other which is to be done respectfully, open, transparent and without fear of being labelled for doing so.
“We won’t always agree, and we don’t, and I believe that the community expect ... us to debate in this place.
“So I just want to say that I hope from tonight moving on that any matters relating to each other and the issues that we may have that we can resolve by the councillors code of conduct one on one.”
Cr Peter Davis also addressed the meeting.
"I’d just like to put it forward that I can’t speak tonight on the subject due to legal complications at this moment,“ Cr Davis said.
“Although I believe down the track I will have am opportunity to speak.”
Mayor Bernie Hearn closed out this part of the meeting by recommending councillors review BRCCs code of conduct.
The Ensign contacted Cr Gunaratne for comment. He provided this statement:
‘’As you may have noticed, I have declared a conflict of interest at the agenda item 4.10 at last Wednesday’s council meeting as this complaint directly related to me,“ the statement read.
“As a councillor it is utmost important to maintain the highest standards of behaviour and conduct.
“Declaring a conflict of interest when a matter is personally related to a councillor is an essential part of that code of conduct.
“I am pleased there is a system in the local government to highlight the sorts of issues I have faced.
“I would like to thank the Councillor Conduct Panel for their identification of adverse behaviours and polite racism I have highlighted in my complaint.
“I understand the panel was not able to classify such behaviour as serious misconduct, however I welcome the recommendations for anti-racism measures and training to increase awareness of racism within our council.”