Statements from Council

Published on 16 March 2023

Ombudsman report - Update on the investigations into former mayor Kevin Knight’s conduct, which continued despite him not being re-elected

The Ombudsman has provided his final report about Mr Knight’s disclosure of confidential Council information during a live Facebook interview. This report, presented to Council on 14 March, concludes all third-party investigations into Mr Knight’s conduct. Our CEO is now required to apply to the South Australian Civil and Administrative Tribunal to determine what action may be taken as a result of these investigations.

Statement from Council
CEO Ryan McMahon:
We expect a high standard of behaviour from our elected members and staff so we can meet reasonable community expectations and have a safe workplace. Mr Knight’s conduct has been unacceptable and inappropriate.

Council is committed to delivering positive outcomes for our community, while we apply the Ombudsman’s recommendations.

See all statements on third-party referral

Statements issued 14 November 2022 


Statement issued 12 May 2021

Council made the following decisions in response to Mayor Kevin Knight's verbal Mayor's Report at the 11 May 2021 Council meeting.

First resolution

“That Council takes the following action as a result of Mayor Knight’s partially delivered Mayor’s Report, posting of the full Mayor's Report on various social media platforms and on his website, and inability to remain in the Council meeting beyond the Mayor’s Report:

  1. Requests that the CEO or delegate write to Mayor Knight immediately and request that he remove the Mayor's Report and associated content from all social media pages and his website
  2. Authorises the CEO or delegate to take any other action they deem appropriate to have Mayor Knight’s publishing of this report removed
  3. Requests Mayor Knight make a public apology within five (5) business days in relation to his Mayor’s Report from 11 May 2021 in which Mayor Knight raised irrelevant matters relating to his Council activities for the period, and questioned findings of multiple breaches of the Code of Conduct for Council Members that have been substantiated in a number of external investigation reports that were released publicly by the Council on 19 April 2021
  4. Formally censures Mayor Knight for using his role of Presiding Member to deliver his Mayor’s Report in a manner that did not comply with the relevant section of Council’s Code of Practice for Meeting Procedures
  5. That in light of the fact that Council has important matters to focus on, reminds the Mayor that he has been asked to resign
  6. Requests the Deputy Mayor to write to the Mayor to advise him of items 1-5 above and to express Council’s disappointment at the lack of community leadership and respect demonstrated in Mayor Knight’s behaviour.

Second resolution

That in considering Mayor Knight’s recent request for a leave of absence, the Council advises him that it is open to considering a leave of absence request from him from all official functions and duties.

No further comment will be provided. 


Statement issued 23 April 2021, 5pm

At the time of issuing this statement, Mayor Knight has not provided any indication to Council as to whether he will resign from his elected position, since Council’s most recent request on 20 April 2021.

The independent report into Mayor Knight’s behaviour said the matters were serious enough for Council’s CEO to lodge a complaint with the South Australian Civil and Administrative Tribunal.

In the meantime, our focus remains on our core role of serving the community.

No further comment will be provided.   


Statement issued 20 April 2021 

Elected Members of the City of Tea Tree Gully, like many in the community have seen footage aired yesterday on various media outlets. As a result, a special meeting was called on Tuesday evening (20 April 2021) to discuss Council’s response.

Council unanimously resolved as follows:

  1. That Council, in response to Mayor Kevin Knight demonstrating poor leadership in his comments and actions in responding to the media on 19 April 2021, takes the following action:
(a) Moves a vote of no confidence in Mayor Knight as Mayor.
(b) Requests Mayor Knight make a public apology regarding his response to the media within two (2) business days.
(c) Requests Mayor Knight to resign from his elected position as Mayor of the City of Tea Tree Gully by close of business Friday 23 April 2021.
(d) Requests the Chief Executive Officer to write to all known community groups, sporting clubs, schools, kindergartens, churches and similar within the City of Tea Tree Gully, advising that Mayor Kevin Knight is not Council’s preferred representative at any community group or Council function and that they are respectfully asked that all official invitations to the City of Tea Tree Gully should be for the Deputy Mayor or the Deputy Mayor’s nominee to represent Council.

 

2. That Council notes the actions already taken by Council in relation to Mayor Knight which are within the power of the Council, which are summarised as follows:

a.

Removing the Mayor as principal spokesperson of Council (25 February 2020)

b. Removing the Mayor as nominated delegate for the purposes of attending any community group or sporting group events as well as any other invitational events or meetings where Council staff are in attendance in the course of their official functions and duties (25 February 2020)
c. Requesting the Mayor take leave of absence from all official functions and duties on two occasions (25 February 2020 and 24 March 2020)
d. Supporting the Chief Executive Officer taking action to restrict the Mayor’s access to Council staff (including by, as the case requires, restricting access to any particular part of the Council’s facilities that are generally inaccessible to members of the public) (25 February 2020)
e. Formally censured Mayor Knight arising from the findings of the Code of Conduct investigation arising from an incident in October 2019 (24 March 2020)
f. Requesting Mayor Knight attend sexual harassment in the workplace training within a prescribed timeframe (24 March 2020)
g. Removing the Mayor as Council’s voting delegate for the LGA Ordinary and Annual General Meetings and meetings of the Australian Local Government Association (ALGA) (24 March 2020)
h. Writing to the Local Government Association of South Australia (LGA) to withdraw Council’s support of Mayor Knight’s nomination on LGA Board, Greater Adelaide Region of Councils (GAROC) Board, and Local Government Research and Development Scheme Advisory Committee (24 March 2020)
i. Removal of all reference to the position of Mayor and replacing with position of Deputy Mayor and removing the Mayor as Council’s nominated Presiding Officer for Citizenship Ceremonies (9 June 2020)
j. Removing references to the Mayor in Council’s Corporate Publications Policy and replacing with Council’s Principal Spokesperson, being the Deputy Mayor (23 June 2020)
k. Removing references to the Mayor in Council’s Media Policy and replacing with Council’s Principal Spokesperson, being the Deputy Mayor (23 June 2020)
l. Removal of facilities, support or services that are specifically provided for the benefit of the Office of the Mayor including but not limited to the mayoral office from the Elected Member Support Policy (29 June 2020)
m. Moving a vote of no confidence in Mayor Knight as Mayor (29 June 2020)
n. Requesting Mayor Knight to resign from his elected position (29 June 2020)
o. Requesting the Mayor to make a public apology within a prescribed timeframe on two occasions (24 March 2020 and 29 June 2020)
p.

Requesting the Mayor to provide an apology to the relevant Employee within a prescribed timeframe (24 March 2020)

q. Moving a vote of no confidence in Mayor Knight as Mayor (29 June 2020)
r. Requesting Mayor Knight to resign from his elected position (29 June 2020)
s. Further amendment of Council’s Citizenship Ceremony Policy (19 August 2020(PDF, 409KB))
t. Requested Mayor Knight make a public apology within five (5) business days in relation to his response to Council’s resolution from 10 March 2020 in which Mayor Knight raised irrelevant and unsubstantiated matters; (17 March 2021).
u. Requested Mayor Knight attend sexual harassment in the workplace training within one month of the date of Council’s resolution (17 March 2021).
v. Moves another vote of no confidence in Mayor Knight (17 March 2021).

 

Council does not propose to make any further comment.


Statement issued 19 April 2021

Tea Tree Gully Council has again requested Mayor Kevin Knight resign from his elected position as Mayor of the City of Tea Tree Gully by no later than Close of Business 19 March 2021, however Mr Knight has since advised Council that he has no intention of resigning.

The call, and accompanying vote of no confidence, comes after Council’s determinations that Mayor Knight committed misconduct in relation to 13 issues that were investigated by Norman Waterhouse Lawyers after allegations were referred to Council for investigation by the former Independent Commissioner Against Corruption.

At its special meeting of 17 March 2021, Council considered the final issues referred to it and made findings that breaches of the Code of Conduct for Council Members had occurred with respect to 7 of those issues.

A copy of the external investigation reports considered by Council and Council’s determinations can be accessed below. It should be noted that redactions have been made out of respect for the various parties involved, with only findings of misconduct and determinations being released.

As a council, we set high expectations of acceptable behaviour for our elected members and staff which must, as a minimum, meet reasonable community expectations and comply with our obligations to provide a safe working environment for staff and elected members.

Special meeting of Council - 17 March 2021 - minutes(PDF, 157KB)

ICAC reference 2020/005321 - Allegations concerning Mayor Kevin Knight - conduct towards Elected Member - 17 March 2021(PDF, 648KB)

ICAC reference 2020/005321 - Allegations concerning Mayor Kevin Knight - conduct against employees - 17 March 2021(PDF, 436KB)

Council meeting - 27 October 2020 - minutes 

ICAC reference 2020/002094 - Allegations concerning Mayor Kevin Knight - 27 October 2020(PDF, 176KB)

Final ICAC reference 2020/002486 2020/003501 2020/003535 2020/003646 2020/0005321 - Allegations concerning Mayor Knight - 27 October 2020(PDF, 222KB)


Statement issued 28 August 2020

There have been multiple media articles in relation to Mayor Knight including a number in which he has referred to various complaints raised against him. The Council advises the community that:

Pursuant to Section 56 of Independent Commissioner Against Corruption Act 2012 (SA) the Independent Commissioner Against Corruption the Hon Bruce Lander has authorised the Council to publish that the Council is currently undertaking, on referral from the Independent Commissioner Against Corruption, a number of investigations relating to Mayor Knight that have arisen as a result of reports made to the Office for Public Integrity.

No further comment will be made as investigations are ongoing.


Statement issued 30 June 2020 - Deputy Mayor Damian Wyld

Tea Tree Gully Council has asked Kevin Knight to resign as Mayor.

The decision comes after a motion was unanimously endorsed at last night’s Council meeting, stating Mayor Knight demonstrated “poor leadership in providing confidential, offensive and defamatory commentary to the media, particularly about Council employees and Elected Members”.

The motion followed a media article late last week, where Mayor Knight was reported to have lodged complaints against the Council’s CEO John Moyle and two other senior staff.

The media article also included comments attributed to the Mayor about an incident involving him and a Council employee on 2 October 2019. On 24 March 2020, following an independent investigation, Council determined Mayor Knight breached three clauses of the Code of Conduct* for Council Members in relation to this incident. Council formally endorsed the following last night:

  • A vote of no confidence in Mayor Knight
  • A request for Mayor Knight make a public apology within five business days
  • The removal of various mayoral benefits, including access to the mayoral office.

Councillors also decided that a complaint lodged by Mayor Knight against the Council’s CEO John Moyle would not be progressed further due to a lack of substance. Mr Moyle will receive a written apology from the Council, which had sought independent legal advice on the matter.

Council’s official spokesperson, Deputy Mayor Damian Wyld said following last night’s meeting:

“It’s disappointing that Mayor Knight has continued to draw unfavourable attention to himself. Many months ago he said that he would stay only as long as Elected Members wanted him to do so.

“I think this Council decision sends a clear message on this. We are certainly grateful for his service to the community over a number of years and appreciate his achievements, but it’s time for him to resign.”

“Rather than dealing with Mayor Knight’s behaviour, our focus needs to be on restoring the trust of our community as they clearly deserve better.”

Local government in South Australia does not have the authority to dismiss an elected member.

See the agenda and minutes for more information

*Link to clauses above

2.2 Act in way that generates community trust and confidence in the Council

*2.3.Act in a reasonable, just, respectful and non-discriminatory way when dealing with people

*2.11 Not bully or harass Council staff 


Statement issued 25 March 2020 - Acting Mayor Damian Wyld

Tea Tree Gully Council last night determined that Mayor Knight’s conduct on 2 October 2019 breached clauses 2.2, 2.3, and 2.11 of the Code of Conduct for Council Members*.

This is in relation to an incident involving the Mayor and a Council employee and follows an independent investigation by Norman Waterhouse Lawyers.

Mayor Knight was given the opportunity to provide a written response to Council’s preliminary findings on the matter.

Council felt the Mayor’s response showed a lack of leadership and a disrespect for others by raising unsubstantiated matters with no relevance to the investigator’s findings.

It’s disappointing that Mayor Knight has chosen this path, especially at a critical time when our focus is firmly on supporting the community during the COVID-19 public health emergency and maintaining essential services and business-critical functions.

This community and our staff deserve better. We have drawn a line in the sand and have no tolerance for this type of behaviour.  

As a result of Mayor Knight’s disappointing response and Council findings, Council:

  • Requests Mayor Knight to publicly apologise within five business days for raising irrelevant, unsubstantiated matters
  • Requests Mayor Knight prepare a written apology to the employee
  • Formally censures Mayor Knight arising from the findings of this investigation
  • Requests Mayor Knight attend sexual harassment in the workplace training
  • Reaffirms a request that Mayor Knight remain on leave of absence from all official functions and duties  
  • Appoints the Deputy Mayor as Council’s voting delegate for the South Australian Local Government Association (LGA) Ordinary and Annual General Meetings and meetings of the Australian Local Government Association
  • Withdraw Council’s support of Mayor Knight’s nomination on the LGA Board, Greater Adelaide Region of Councils (GAROC) Board, and Local Government Research and Development Scheme Advisory Committee.

*2.2 Act in way that generates community trust and confidence in the Council

*2.3.Act in a reasonable, just, respectful and non-discriminatory way when dealing with people

*2.11 Not bully or harass Council staff

See the agenda and minutes for more information


Statement issued 11 March 2020 


Statement issued 5 March 2020 - Acting Mayor Damian Wyld

The current allegations regarding breaches of the Code of Conduct for Council Members involving Mayor Kevin Knight on 2 October 2019 are serious.

At the Council meeting of 10 March 2020, the final independent report and findings will be considered.

The Mayor will have an opportunity to provide a formal response to Council’s findings at the following Council meeting.

As a Council, we set high expectations of acceptable behaviour for our elected members and employees, which must, as a minimum meet reasonable community expectations.

A Council spokesperson said: 

“It is anticipated that Council will consider this matter at its meeting on 10 March 2020. It is important there are no further comments from all parties concerned until the matter is considered.” 

See the agenda for more information

Council’s process for handling code of conduct complaints against Council Members


Statement issued 5 March 2020 - Acting Mayor Damian Wyld

Tea Tree Gully Mayor Kevin Knight today clarified the extent of his leave of absence in writing.

In Mayor Knight’s absence, Deputy Mayor Damian Wyld will assume the role of Acting Mayor until further notice.

Acting Mayor Damian Wyld said it was important that the community, Elected Members and Council staff are reassured that mayoral roles and duties would be fulfilled.

Mayor Knight’s written response will be tabled at the next general council meeting on Tuesday 10 March 2020. 


Statement issued 28 February 2020 - Deputy Mayor Damian Wyld

Tea Tree Gully Mayor Kevin Knight today requested a leave of absence from Council and committee meetings. 

The request is for an undetermined period from 2 March this year. 

If the request is granted, Deputy Mayor Damian Wyld would preside over Council meetings.

Deputy Mayor Wyld said that the Council would continue to focus on delivering key community projects and services. 

Mayor Knight’s leave of absence request will be considered at the Council’s next meeting, along with any implications this has for Council. 


Statement issued 26 February 2020 - Deputy Mayor Damian Wyld

City of Tea Tree Gully Mayor Kevin Knight has been requested to take leave of absence from official functions and duties for an undetermined period, following a decision last night by Tea Tree Gully Council.

Deputy Mayor, Cr Damian Wyld, has been appointed as Council’s principal spokesperson and will also take on a number of other duties normally carried out by the mayor.

 “Council remains committed to delivering positive outcomes for our community. These changes allow the business of Council to continue while we await the completion of a process,” said Cr Wyld.

Cr Lucas Jones will be the acting principal spokesperson in the absence of the Deputy Mayor. 

Due to privacy, no further information is available beyond the official minutes of the meeting.

 

 

 

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