Conflict of interest determined following Ombudsman review

Conflict of interest determined following Ombudsman review

The State Ombudsman has made an adverse finding against Robe Deputy Mayor Councillor Nick Brown.


In essence, Ombudsman Wayne Lines has determined that Cr Brown should have declared a conflict of interest at two council meetings earlier this year when matters relating to then Robe District Council chief executive James Holyman were discussed by the council.


However, it is also the opinion of Mr Lines the actions of Cr Brown did not amount to misconduct in public administration.


Mr Lines said the matter can be settled if Cr Brown makes a public apology for his actions at a council meeting.


The 12-page report from Mr Lines forms part of the Robe District Council December monthly meeting which commenced at 6.30pm last night.


In his report, Mr Lines said he had acted on complaints and provided a background dating back more than four years.


Mr Lines said Cr Brown was the Robe Council deputy chief executive in 2018 at the time of the retirement of chief executive Roger Sweetman.


He was one of six applicants interviewed for the vacancy but Mr Holyman won the position.


Mr Holyman later restructured the council administration with the backing of the council and the position of deputy chief executive was abolished.


Cr Brown was offered the role of manager of corporate services and finance but he declined and instead accepted a voluntary separation package.


Mr Lines said he had made Cr Brown aware of his findings before finalising his report and invited him to respond.


In reply, Cr Brown said his actions were appropriate and he rejected some of the assertions of the complainants.


“I considered the requirements of the Conflict Of Interest provisions at both the February and March 2023 council meetings,” Cr Brown said.


“I believed when considering all the facts, that an impartial fair-minded person would not consider my private interests might have resulted in me acting in a manner contrary to my public interest.


“As a result of my consideration of the Conflict of Interest provisions, I did not believe I had a conflict of interest.”


The report from Mr Lines appears in the published agenda for tomorrow’s meeting together with some commentary from acting Robe Council chief executive Pauline Karitsa.


“It is understood that Cr Brown will issue a verbal public apology at this meeting which will satisfy the Ombudsman recommendation,” Ms Karitsa said.


Mr Holyman resigned from the chief executive’s position mid-year.


His permanent successor is Kingston District Council chief executive Nat Traeger and her first day on duty will be January 2.

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