A Wyndham councillor may be investigated over claims he has misused his position.
A Wyndham resident has lodged a complaint with the Local Government Inspectorate against Cr Intaj Khan, alleging he misused his position as a councillor to promote his business interests in a council-branded advertisement.
The complaint surrounds an advertisement in the July edition of Alwasat, a western suburbs-based Arabic newspaper.
The advertisement features a photo of Cr Khan, a Ramadan message, Wyndham council’s logo and web address, and a listing of three schools either owned or managed by Cr Khan.
A similar advertisement featuring Cr Khan appeared in Alwasat’s July 2013 edition.
Both advertisements appeared without Wyndham council’s knowledge or approval.
Cr Khan confirmed to Star Weekly he was aware of the 2013 advertisement but denied any involvement in the one that appeared in July this year. He maintains they were “free community greetings” to mark Ramadan.
The resident – who wished to remain anonymous – has asked the Local Government Inspectorate to investigate whether Cr Khan has breached the Local Government Act.
Under this act, a person who is or has been a councillor must not misuse their position “to gain or attempt to gain, directly or indirectly, any advantage for themselves or any other person”.
The potential penalty for a breach of the act is $88,566, five years’ prison, or both.
Cr Khan strongly denied any wrongdoing and maintained he was a “victim”, saying his businesses were “mistakenly” placed in the advertisements and that he could not comment on inclusion of the council logo.
“I have not done it [placed his businesses in the advertisements] and should not be responsible for it,” he said.
“It’s [the advertisements] only listing my companies, not promoting them. [I] haven’t done anything ethically wrong.
“It’s not a big issue.
“If people say I’m breaching the Local Government Act, that’s insane.”
Cr Khan maintains he “didn’t see” the 2014 advertisement and when asked whether he saw the 2013 advertisement before it went to print, he said: “I don’t remember.”
Alwasat editor-in-chief Fawaz Chawk confirmed both advertisements were “free greetings” to mark Ramadan.
Mr Chawk said Cr Khan requested last year’s greeting, but this year’s was “automatically” placed in the newspaper.
“We did the design, we took the logo from the council website,” he said. “We send [sic] (the 2014 advertisement) to him when it was finished.”
The resident who has made the complaint maintains Cr Khan has “serious questions to answer”.
Wyndham council only became aware of the advertisements on Monday.
Council chief executive Kerry Thompson said the council did not authorise use of its logo.
“I can comment with certainty that no council funds or resources were used,” she said.
“Councillors found to be misusing their position for personal gain could constitute a breach of section 76D of the Local Government Act 1989.
“Council understands that Local Government Victoria has been made aware of this matter and we will provide full co-operation to the inspectorate to ensure any potential breaches of the act are fully investigated.”
