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 Joe Scimone in hot water over gift 

Joe Scimone in hot water over gift

09 Oct, 2008 03:42 PM
Former Wollongong City Council senior manager Joe Scimone could face criminal charges for accepting a $10,000 gold watch from developer Glen Tabak.

He could also face charges in relation to handing over $30,000 to conmen Ray Younan and Gerald Carroll in September 2007.

The Independent Commission Against Corruption found Mr Scimone, the former sustainability manager, had engaged in corrupt conduct when he accepted the gift from Mr Tabak while the developer's request for a reduction in Section 94 contributions on his Victoria Square development was before the council.

"Shortly before May 23, 2006, Mr Tabak gave Mr Scimone a watch costing $10,000 as an inducement for him to ensure that an imminent application to the council on behalf of (Tabak's) Perform Developments Pty Ltd ... was approved," the ICAC report released yesterday said.

"Mr Scimone accepted the watch knowing or believing it was given for such a purpose."

Three months later Mr Scimone overruled the council's planning staff to approve the application and failed to disclose the watch and that he was friends with Mr Tabak.

The commission has also asked the Director of Public Prosecutions to consider whether Mr Scimone should be charged with the offence of "corruptly giving a benefit to an agent" in relation to his dealings with Younan and Carroll.

Mr Scimone and former city councillor Frank Gigliotti met the pair at the Panorama House restaurant at Bulli Tops.

Younan told Mr Scimone that the commission had been investigating him, including tapping his phone, and that "Gerry" was a senior investigator with the commission and could "make it go away".

"Even though he claimed that he had not done anything else wrong, Mr Scimone said he agreed to pay the money ...," the ICAC report said.

Mr Scimone refused to comment on the ICAC report yesterday.

In his third and final report, ICAC Commissioner Jerrold Cripps described Mr Scimone as an "unconvincing" witness.

"(He) was prepared to say whatever he thought would best serve his own interests," he said.

The commissioner found that Mr Scimone knew about council planning officer Beth Morgan's sexual relationships with Mr Tabak and Frank Vellar but failed to report them, as required under the council's code of conduct.

He was also aware of possible corrupt conduct and maladministration by Ms Morgan in her dealings with the two men, but deliberately failed to report it because of his "personal affection for her" and his friendship with Mr Tabak and Mr Vellar.

The ICAC report also comments on the resignation of planning director David Broyd and the subsequent promotion of Mr Scimone - who had no planning qualifications - by the council's general manager Rod Oxley.

"Prior to Mr Scimone commencing in his acting role, Mr Oxley was made aware of allegations that Mr Scimone had sexually harassed staff," the report said.

"Mr Oxley told the commission that he took all matters that might reflect adversely on Mr Scimone's suitability for the position into account but there is no documentary evidence of this," it states.

The commission said it was difficult to avoid the conclusion that his appointment was "specifically aimed at facilitating Mr Oxley's pro-development agenda".

Further, Mr Scimone's conduct "did little to inspire lawful planning decisions or a professional working environment".

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POLL
Q: Are you satisfied by the recommendations made by ICAC?

Yes
(52.8%)

No
(47.2%)

Total Votes: 176
Poll Date: 08 October, 2008

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