Decision details

THAT COUNCIL

1.       Notes the Final Report, dated 22 July 2026 from the Behavioural Standards Panel as contained in Attachment A to Item 12.3 on the Agenda for the meeting of the Council held on 28 July 2026.

2.       Notes that the Behavioural Standards Panel is of the opinion that Mr Davis has committed serious misbehaviour, on three occasions, by engaging in the following acts:

2.1.    videoing and/or photographing three of his fellow Council members without their permission, and to continuing to do so despite being requested to stop;

2.2.    uploading this content onto social media, which included an image of the three Councillors and commentary that was accusatory in nature and publicly questioned the integrity of the Councillors; and

2.3.    sending an email, which copied in all the other Council members, questioning the Councillors’ non-attendance at the special Council meeting and their integrity and commitment to their functions and duties.

3.       Notes that the Behavioural Standards Panel has, in accordance with section 262W of the Local Government Act 1999 (SA), made the following orders:

3.1.    That the Panel reprimand Cr Davis with a published statement about his behaviour (pursuant to section 262W(1)(a) of the Local Government Act 1999.

3.2.    That Cr Davis be required to issue a public apology at an ordinary meeting of the Council, in the following manner as determined by the Panel (pursuant to section 262W(1)(c) of the Act)

3.2.1. the apology must clearly acknowledge that it was wrong to -

3.2.1.1. video and/or photograph his fellow Council members without their permission, and to continue to do so despite being requested to stop; o upload this content onto social media; and

3.2.1.2. send an email, which copied in all the other Council members, questioning the Councillors’ non-attendance at the special Council meeting and their integrity and commitment to their functions and duties; and

3.2.1.3. that by doing so, he had breached his health and safety duty under section 75G(1)(a) of the Act as a Council member and committed serious misbehaviour, on three occasions.

3.3.    That Cr Davis be suspended from the office of member of the Council for a period of three months without an allowance, pursuant to section 262W(1)(g) of the Act.

4.       Notes that on 22 July 2026, the Behavioural Standards Panel published a reprimand of Mr Davis under section 262W(1)(a) of the Act, as contained in Attachment B to Item 12.3 on the Agenda for the meeting of the Council held on 28 July 2026, for failing to take reasonable care that his acts did not adversely affect the health and safety of other members of the Council, and thereby contravened section 75G(1)(a) of the Act.

5.       Notes that the Panel requires the Lord Mayor to table the Final Report for consideration by the Council at a public meeting of the Council within two ordinary meetings following publication of the Final Report and reprimand.

6.       Notes that the Lord Mayor will provide the Panel with written details of any actions taken by the Council in accordance with the Final Report.

Undertaking - Behavioural Standards Panel  - Investigation Outcome

In response to a query from Councillor Maher, the CEO gave an undertaking to seek advice on whether the Council is required to refer the matter to SACAT as Councillor Davis is no longer a Council Member.