Whatever we might think of our local
parliamentarians or councillors, most of us believe that we vote them
in to do their best to represent us in parliaments or local councils,
and to tell us what's going on in important matters via the media and
other forms of communication.
So how would you feel if one of your
local councillors was suspended by a senior NSW bureaucrat because he
refused to say he was sorry for telling you about a multi-million
dollar offer made to the council in return for development
concessions?
This is precisely what has happened to
constituents represented by Greens councillor Max Phillips in
inner-Sydney Marrickville – and it could just as easily happen in
Newcastle.
Late last year, developer Meriton,
approached Marrickville Council about entering into a voluntary
planning agreement with the council for its controversial Lewisham
Towers apartment development.
The discussion involved representatives
of the developer, council staff and councillors. Clr Phillips thought
that his constituents should know about these discussions, so he told
them.
But Marrickville's Labor and Liberal
councillors said that they considered the information confidential,
and that Clr Phillips had therefore breached the council's Code of
Conduct by disclosing it.
They subsequently joined (in a split
council vote) to formally censure Clr Phillips, demanding that he
apologise to Meriton and the council for his action.
Clr Phillips refused to do this, saying
that he couldn't genuinely apologise because he didn't believe that
his action was wrong and that an apology would therefore be
dishonest, which would breach the Code of Conduct.
So the council referred the case to the
NSW Division of Local Government.
On 14 January this year, Ross Woodward,
the Chief Executive of the NSW Division of Local Government,
suspended Clr Phillips for two months.
Mr Woodward's formal order (which is available online) states that Clr Phillips had breached the Code of
Conduct by refusing to comply with the council resolution to
apologise.
Mr Woodward said his decision to
suspend Clr Phillips for two months was guided by a decision of the
NSW Pecuniary Interest and Disciplinary Tribunal in another case (in
2012) concerning another councillor who had also
refused to apologise when required to by a council decision.
In that case, the Tribunal
determination (also available online) concluded that “Abject
refusal to comply with a resolution of council irrespective of
whether a Councillor feels she is right or wrong is a serious breach
of the code of conduct… The importance of complying with a
resolution, no matter how objectionable cannot be overemphasised.”
Clr Phillips is apparently intending to appeal the decision against him. Anyone who is interested in
following up any of the details of his case will find plenty of
relevant information and other links on the Marrickville and Petersham Greens website.
However, these cases have serious
implications for local democracy throughout NSW, because the relevant
provisions apply to all NSW councillors.
I've written in the past about the ongoing secrecy and abuse of confidentiality in the current NewcastleCouncil, and the continuing pressure from the council administration
to lock elected councillors into putting their loyalty to the council
organisation above their duty to the public interest and the
community who elected them.
How long will it be until one of our
elected councillors, performing the role we expect of them in telling
us what's going on, falls foul of similar machinations?
