Councillors censure former mayor over alleged misconduct

Councillors voted six to one on Tuesday, June 18 to censure Cr Kirk for alleged misconduct under section 440G of the NSW Local Government Act.

The matter will also be referred to the Office of Local Government (OLG) for further action under the Act's misconduct provisions.

Mayor Peter Walker, deputy mayor Steve Ruddell and Crs Carol James, Dan Strickland, Jason Shepherd and Andy Wood were in favour, while Cr Michael Prevedello voted against. Cr Andrew Banfield was a meeting apology.

On Wednesday, Cr Kirk said he was considering available options.

"I can't say anymore on the matter because under the (Local Government) Act I am bound by the confidentiality of closed session and the matter is to be referred to the OLG," he said.

The nature of the allegation remains unclear. The matter was discussed in closed session for almost one hour on Tuesday night. It was closed on the basis that open discussion would be "contrary to the public interest" as it dealt with "alleged contraventions" of the code of conduct.

Cr Kirk remained in the meeting for about 25 minutes and then emerged while councillors continued their discussion. Under provisions administering the code, councillors who are the subject of the complaint can make an oral or written submission.

At the end, deputy mayor Steve Ruddell and Cr Andy Wood moved that a report on the code of conduct investigation be received and that Cr Kirk be formally censured for (allegedly) breaching the code in relation to some sections of Section 440G of the NSW Local Government Act.

Councillors also moved that the matter be referred to the OLG for further action under the misconduct provisions of the Act.

Under provisions administering code of conduct complaints, the council must not only specify censure grounds but also the investigator's findings and determination "and/or such other grounds that the council considers may be relevant or appropriate."

However no investigation finding was detailed in the motion. Council CEO Aaron Johansson interpreted this clause as "providing the option of disclosing the investigator's findings and determination and/or such other grounds that council considers may be relevant or appropriate."

"Council considers the grounds appropriate," he said.

Nevertheless, the provisions allow councils to close their meetings to consider final investigation reports "in cases where it is permitted to do so under section 10A of the LGA."

Councillors are not permitted to publicly speak about closed discussions under the Model Code of Conduct.

Mr Johansson said the investigator's report would not be made public in accordance with confidentiality provisions under the Procedures.

On Friday, June 21, the CEO issued a statement saying he was aware of misinformation on social media in relation to the council's decision on the special rate variation and Cr Kirk's conduct matter."

"I can confirm that these two matters are not related," he said.

Councillors who are censured can apply to OLG for a review. Cr Kirk declined comment on whether he would seek a review.

It is the first time he has been censured since his election in 2008. Cr Kirk served as mayor from 2016 to 2021.