Tribunal makes misconduct finding against Scaffidi

Opposition leader Mike Nahan has joined Premier Mark McGowan in calling for Perth Lord Mayor Lisa Scaffidi to resign, after the State Administrative Tribunal today found she had committed 45 serious breaches of the Local Government Act by not disclosing travel and accommodation gifts.

Ms Scaffidi has been defiant in her response, despite the SAT ruling coming after a similar ruling in 2015 by the Corruption and Crime Commission. 

The lord mayor took to Twitter to defend herself, saying today there was no finding of corruption and her non-disclosures was inadvertent.

"I also take the opportunity to remind everyone that contrary to continued speculation there is no question of my being dismissed from the role," Ms Scaffidi said.

"What is sought by the CEO of the Department (of Local Government and Communities) is a period of suspension," she added

The SAT action was brought by the department after omissions in Ms Scaffidi's 2008-09 annual return - including a $16,000 package to the Beijing Olympics paid for by BHP Billiton - were deemed serious misconduct by the CCC.

The SAT also looked into Ms Scaffidi’s return for 2013-14 at a hearing in February, where she admitted five breaches of the Act including the BHP gift.

Under the Act, Ms Scaffidi should have disclosed any gift worth $200 or greater.

She argued unsuccessfully to the SAT that a distinction should be drawn between accommodation provided to her personally, as opposed to when she was in the course of carrying out an activity in her capacity as lord mayor or otherwise as a councillor.

The SAT ruling said there was very little dispute about the facts in this matter.

“The decision turns almost entirely on the statutory construction of the relevant provisions of the Local Government Act 1995 (WA),” it stated.

Ms Scaffidi has previously resisted repeated calls for her to step down, including from Mr McGowan, who vowed during the election campaign to sack the entire council if the Local Government Act allowed it, saying his party had a dim view of its propriety.

Mr McGowan later acknowledged not everyone on the council deserved to be punished, but wrote to Ms Scaffidi last month asking her to consider the best interests of the City of Perth and make an honourable decision and resign.

She was characteristically defiant at the time, telling reporters it was a "desperate political move".

"How far does this newly-elected state government intend to interfere with local government?" Ms Scaffidi said.

Ms Scaffidi's ability to hang onto the role will be diminished after Mr Nahan joined Mr McGowan in calling for her resignation.

Mr Nahan said the WA Liberals believe it has become untenable for Ms Scaffidi to continue as lord mayor.

“The WA Liberals have waited for due process to occur,” he said in a statement.

“Now that the SAT has made this finding, we call on Ms Scaffidi to resign.”

Mr Nahan said Ms Scaffidi has been an exceptional lord mayor, however this does not preclude adhering to her obligations under the Local Government Act.

In a long statement distributed today via Twitter, Ms Scaffidi emphasised there had been no findings of corruption.

She referred specifically to paragraph 75 of the SAT ruling, which stated the following:

“It is not suggested that there was any corruption by Ms Scaffidi or that the gifts and contributions made to her were corrupt or an attempt to exert improper influence.”

Ms Scaffidi said that given the extensive criticism she has endured since 2015, this reaffirmation was more important to her than any number of findings.

Paragraphs 75 and 76 also stated the following, which was not referred to by Ms Scaffidi.

“However, what lies at the heart of the disclosure regime mandated by the LG Act is the prevention of corruption or improper influence by a councillor,” the ruling stated.

“Nothing is more corrosive of the body public than corruption.”

“The disclosure regime provided by the LG Act in relation to relevant persons minimises the risk of corruption or improper influence by requiring disclosure and thus accountability by relevant persons.

“It also promotes public confidence in the regime by providing for transparency.”

SAT president Justice Jeremy Curthoys adjourned the matter until May 16, expediting the delivery of penalties and costs as the adverse finding created uncertainty for the council.

A City of Perth spokesman told AAP the council would continue as usual until then.

Ms Scaffidi was dismissed from the Local Government Standards Panel in 2015 over the scandal.