Misconduct findings have been recorded against two Brimbank councillors.
In two separate internal arbitration processes, which took place in April and May, councillors Maria Kerr and Virginia Tachos were found to have engaged in misconduct over disparaging comments made about their fellow councillors during council meetings and on social media.
Cr Kerr was suspended from council from June 19 until July 10.
She was also directed to make a number of apologies to her fellow councillors and the council chief executive during the next council meeting and on social media, and attend training on council’s governance rules and appropriate use of social media.
An apology was posted on her social media on June 18.
Cr Tachos was directed to make a formal apology to council and attend training on the appropriate use of social media.
Cr Tachos had been on leave from May 28 to June 30.
Mayor Ranka Rasic and Crs Jae Paplia, Jasmine Nguyen, Sam David and Sarah Branton made an application for a finding of misconduct against Cr Kerr on December 20, 2023. An arbitration hearing was held on April 22, by arbiter Meredith Gibbs.
The Crs, who were represented by Cr Rasic at the hearing, made allegations against Cr Kerr relating to her behaviour at council meetings on October 17 and November 17 last year, and comments made in various social media posts.
Cr Kerr denied that her behaviour constituted misconduct.
According to Dr Gibbs, Cr Rasic alleged Cr Kerr directed comments such as “scraping the bottom of the barrel”, “getting desperate”, “betrayal” and “desperate scumbag” towards other councillors during the November meeting, which was the council’s mayoral election.
It was also alleged that Crs Kerr and Tachos had a conversation about RAT tests and joked about “rats in the chamber”.
Dr Gibbs, in her determination which was tabled during council’s June 18 meeting, found that Cr Kerr made the comments to at least one or more of her fellow councillors, and in doing so, had not shown them courtesy and respect.
Dr Gibbs also found that as the exchange about rapid antigen tests (RAT) between Cr Kerr and Cr Tachos had taken place after the mayoral vote, “it is reasonable to infer that the reference to rats was intended to be reference to [their] fellow councillors as being ‘rats’ in a derogatory manner”.
Dr Gibbs said doing so was “disrespectful”.
Dr Gibbs also found that Cr Kerr’s behaviour during the October council meeting had brought “discredit on the council”, finding that she made constant interruptions, raised her voice and was discourteous and disruptive to other councillors.
Cr Kerr was also found to have shared offensive comments about her colleagues on social media and to have made accusations on social media about councillors being “labor puppets” and how Labor-councillors engaged in “jobs for mates” practices.
Dr Gibbs found the comments cast doubt on the integrity of the council and brought discredit on the council.
Arbiter Sarah Fowler found Cr Tachos had engaged in misconduct by referring to her fellow councillors as “rats” and shouting at Cr Rasic, calling her “shallow”, and swearing at her during the November council meeting.
She also found that Cr Tachos had brought discredit on the council by making sweeping statements on social media implying “council tolerates and ignores inappropriate behaviours experienced by councillors”, and by stating that council ran “a fake process“ for the mayoral election.
Crs Rasic, Papalia, Nguygen, David and Branton made an application for a finding of misconduct against Cr Tachos on December 20, 2023. An arbitration hearing was held in May.
Ms Fowler said that Cr Tachos admitted she made comments about “rats” but was referring to a film called ‘Rats in the Ranks’, and in separate discussion, expressed concern about whether a fellow councillor had taken a RAT.
Ms Fowler said that Cr Tachos had expressed remorse for anything she may have done to bring discredit on council and that she was “under a lot of stress” and was “unwell” during the period of the allegations.
