Tea Tree Gully Council says Paul Barbaro did not remove 105 supplementary election corflutes by deadline

A council candidate who could be slugged half a million dollars for 105 “illegal” signs plugging his election run says the “chaotic” council must be rebuilt.

A Tea Tree Gully council candidate could be fined more than half a million dollars for failing to remove illegal posters during an election, in breach of new state government legislation.

Former councillor and Hillcott Ward candidate Paul Barbaro placed more than 100 corflutes across the council area ahead of a supplementary election, the council says.

The election period began on November 11 with Kristianne Foreman announced as the successful candidate on Tuesday.

The position became vacant after former councillor Alicia Schlueter was sacked in August for missing several council meetings.

Deputy Mayor Lucas Jones told The Messenger the council became aware of changes to the Local Government Act midway through the election, relating to the placement of electoral posters on public roads.

Cr Jones said the council emailed a letter to Mr Barbaro just after 4pm on November 23, and all other candidates, telling them to remove all posters from public roads by December 1 at 7am.

Tea Tree Gully Council says former councillor Paul Barbaro did not remove more than 100 corflutes by the December 1 deadline. Picture: Sam Wundke

In the letter, the council’s chief executive John Moyle said legislative changes made it illegal to “exhibit an electoral advertising poster relating to an election held under the act … on a public road … except in circumstances prescribed by the regulations”.

He said enforcement action could be taken if they were not removed.

Cr Jones said Mr Barbaro failed to remove 105 “illegal posters” by the deadline and council staff spent several days removing them.

A report will be presented to elected members about “what lawful actions are available” regarding the matter with the maximum penalty for each poster being $5000.

When asked several times how many posters he had placed around the council area, Mr Barbaro would not provide a number.

Tea Tree Gully Council said Mr Barbaro appeared to be using posters from a previous election. Picture: Tea Tree Gully Council

In an email to The Messenger, he said the council informed him on November 11 he could place posters, as per the council’s policy, without a permit between November 14 and December 14.

However, he said he did not receive correspondence from Mr Moyle until November 30 and several subsequent emails to the council were not responded to.

“Council’s own policies allowed for posters at time of placement for a four-week period,” Mr Barbaro said in an email.

He said he had acted “very reasonably, with courtesy and professionalism”.

“No wonder why (the) council is chaotic and dysfunctional needing (a) drastic rebuild,” he said.

He said he would refer the council’s “errors”, its “misleading policy” and “general arbitrary methods” to an independent authority, but would not say which one.

The council did not respond to Mr Barbaro’s assertions when provided by The Messenger.

Local Government Association SA president Angela Evans said election corflutes “can contribute to a loss of roadside amenity, reduce road safety and cause environmental damage”.

“We are pleased that this change has come into effect in November this year as part of broader local government reforms,” Ms Evans said.

The Acting Electoral Commissioner David Gully said it was a matter for the council and Local Government Minister Josh Teague declined to comment