A councillor on Lockyer Valley Regional Council will keep his job despite a tribunal finding he engaged in misconduct and was cautioned by police for stalking.
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In details published from the Councillor Conduct Tribunal, councillor Brett Qualischefski was found to have regularly attended a gym space and appeared to take photos and give unwanted attention to a female patron on multiple occasions.
The tribunal recorded that the woman, referred to as Ms A, attempted to avoid Mr Qualischefski and felt uncomfortable leaving the gym alone at night, and felt she was unable to use equipment without attracted his unwanted attention.
In April 2021, council received a complaint alleging inappropriate behaviour from a councillor.
Mayor Tanya Milligan said council promptly encouraged the community member to take the matter to the police, which they did.
Council's CEO simultaneously referred the matter to the Office of Independent Assessor (OIA) for formal investigation under the Local Government Act.
Following an investigation, police cautioned Mr Qualischefski for unlawful stalking.
The tribunal, which only made its final decision public late last month, found the matter was councillor misconduct, and ordered Mr Qualischefski to undertake counselling with a psychologist and pay $2000 towards the cost of the proceedings.
Ms Milligan acknowledged people will ask why council didn't make the councillor stand down, or resign, or go on leave without pay and said council does not have that authority.
"The OIA and the tribunal are state government organisations and make the decision. Local government - councils - can only refer concerns to them, and that is what council promptly did here," she said.
Ms Milligan said she was taking the opportunity to provide residents with the relevant facts and details that the community has a right to know.
"On behalf of council, I want to acknowledge and apologise for the impact that the incidents and subsequent investigations have had on the victim, her family and the community," the mayor said.
"As a community leader I can say that no one should be subjected to stalking."
Ms Milligan also called for change, after it took the OIA and Councillor Conduct Tribunal more than two years to reach an outcome.
"I expect the community are not only disappointed that a councillor has been found to have engaged in this conduct, but also that they are frustrated about the length of time before the matter of misconduct was determined. We share that frustration.
"As I understand it, the OIA made that referral in June 2022 - a year after council lodged the matter with them."
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