Cr Bob Kirk has sought a review of his colleagues' decision to censure him for alleged misconduct.
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Councillors voted seven to one at the June 18 meeting to censure Cr Kirk alleged under section 440G of the NSW Local Government Act. Cr Michael Prevedello voted against the move, while Cr Andrew Banfield was an apology.
The nature of the alleged misconduct remains confidential under the Act. Cr Kirk said he couldn't say any more and was bound by the confidentiality of closed session in which the matter was discussed.
But he told the Tuesday, July 16 meeting that he'd sought a review of the censure motion by the Office of Local Government (OLG) under clause 8.12 of the Procedures for the Administration of the Code of Conduct
"In order to maintain the confidence of this investigation, I will not make comment on the code of conduct complaint, its management or the findings within the report," he said.
"I do feel it is necessary to put my council colleagues on notice that I've lodged an appeal/submission on what I consider to be very strong grounds to the OLG.
"I have requested OLG to expedite consideration of the matter in view of the upcoming local government elections, and the imperative for me to clear my good name and reputation, which has been potentially defamed by the content of the resolution."
At the meeting, Cr Michael Prevedello foreshadowed a rescission motion on the censure motion. It would seek to overturn the June decision.
Mayor Peter Walker replied that it was a "legal matter" and Cr Prevedello was potentially "treading on dangerous ground." However he sought direction from CEO, Aaron Johansson.
The latter said he was unable to accept a rescission motion at the current meeting.
However Cr Prevedello replied that it could be at the August meeting, depending on whether he gained a seconder for the motion.
Under the Procedures clause to which Cr Kirk referred, a person who is the subject of sanction can apply for a review if:
- The investigator has failed to comply with a requirement under the Procedures;
- The investigator has misinterpreted or misapplied the standards of conduct prescribed under the code of conduct;
- In imposing its sanction, the council has failed to comply with a requirement under the Procedures.
It was the first time Cr Kirk, a former mayor, had been censured since his election to the council in 2008.
Louise Thrower
If you have a story to tell, drop me a line at louise.thrower@austcommunitymedia.com.au or call 0418 229 678.
If you have a story to tell, drop me a line at louise.thrower@austcommunitymedia.com.au or call 0418 229 678.
