Breach of Code of Conduct by Councillor
Published on 19 April 2024
At the Council meeting held on 18 April 2024 Temora Shire Councillors considered a report regarding investigations into Code of Conduct breaches by Councillor Anthony Irvine.
The outcome of the report considered saw Council officially and formally censuring Cr Irvine in relation to two matters of breaching its Code of Conduct. One of the matters was referred to the Office of Local Government under the misconduct provisions in the Local Government Act. The outcome was made official by Deputy Mayor Cr Graham Sinclair, as Mayor Rick Firman was not present.
Councils can formally censure councillors for misconduct under Section 440G of the Local Government Act 1993.
The censure follows complaints made last year, alleging Councillor Irvine had breached the Code of Conduct in relation to an email that he sent and a post on his Facebook page.
All complaints must be dutifully investigated and managed in accordance with the Procedures for the administration of the Code of Conduct. This is the same requirement for all NSW Councils.
Accordingly, Council appointed an independent investigator who found elements of the Code of Conduct had been breached and recommended formal censure of the Councillor for two of the allegations and referral to the Office of Local Government for one of the matters as it was deemed to be sufficiently serious for further action under the misconduct provisions of the Act.
The Procedures for the administration of the Code of Conduct prevents disclosure of the details of Code of Conduct matters. In accordance with the resolution the matter will be referred to Office of Local Government for further action. A copy of the resolution is below for further information.
It was resolved that Council:
1.Under Section 440G of the Local Government Act, 1993 and under the provisions of 7.37c, 7.46, 7.58 c and 7.59 of the Procedures for the Administration of the Code of Conduct, officially and formally censure and refer to the Office of Local Government Councillor Anthony Irvine for further action under the misconduct provisions of the Local Government Act in relation to an email that Cr Irvine sent on 4 August 2023, which was found to be in breach of the following clauses of the Code of Conduct by an independent investigator:
a) Clause 3.1(a), of the Code in that the email on 4 August 2023 is likely to have brought the council and council officials into disrepute.
b) Clause 3.1(b) of the Code in that the email of 4 August 2023 did not represent accurately, fairly, or impartially the decisions or action of council officers.
c) Clause 3.1(g) and (e) of the Code in that the email of 4 August 2023 could be considered intimidatory and constitute harassment.
2. Under Section 440G of the Local Government Act, 1993 and under the provisions of 7.37b, 7.46, 7.58b and 7.59 of the Procedures for the Administration of the Code of Conduct, officially and formally censure Councillor Anthony Irvine in relation to Facebook posts on the 22 August 2023 on Councillor Irvines “Stand up for Temora” Facebook page, which was found to be in breach of Councils Social Media Policy and the following Code of Conduct clauses by an independent investigator:
a) Clause 3.1(a) of the Code in that the Facebook post is likely to have brought the Council into disrepute.
b) Clause 3.1(b) of the Code in that the Facebook post did not represent accurately, fairly, or impartially the decisions and reasoning of the Councillors. Further that he is acting in breach of Council’s Social Media Policy.
c) Clause 3.1(e) and (g) of the Code in that the Facebook posts of 22 August 2023, being made publicly, could be considered intimidatory and constitute harassment.
And further that the following be noted:
3. The General Manager seek a voluntary undertaking from Councillor Irvine to ensure his Facebook page, “Stand up For Temora” complies with Council’s Social Media Policy, in particular that its “house rules” and moderation policies are effective.
4. The General Manager seek a voluntary undertaking from Councillor Irvine that he will remove the posts the subject of the investigation.
5. The General Manager counsel and provide appropriate support and guidance to Cr Irvine in respect to complying with Council’s Media and Social Media Policies.
6. That the General Manager consider commencing a process to engage staff and councillors in developing agreed ways of working and values that reflect the Code of Conduct and council policies. This may include ways of:
a) communicating and engaging with the community on council decisions and polices, and
b) identifying and managing issues that arise in the course of your duties.
7. That the issues detailed in Section 1.3 of this report are acknowledged by Council, in particular, the impact of Cr Irvine’s conduct on the health and safety of staff and councillors.