Eight councillors vote to approve legal costs for council identity

Bundaberg Regional Council has opened the door to using ratepayers’ money to fund legal action against its critics.

A mystery council identity has made use of the Bundaberg Regional Council’s new “Legal Assistance for Councillors and Employees Policy” just one month after it was brought in.

Tabled at the council’s August general meeting, all councillors voted for the new policy which will allow elected councillors and council staff to apply for funding assistance from the body for legal costs.

Two councillors at the September ordinary meeting on Tuesday voted against an application for legal costs which was put to the vote just days after being implemented.

Mayor Jack Dempsey declared the item a conflict of interest before the meeting began, and left the room for the discussion and vote.

Members of the public were also asked to leave the room during councillor discussion and debate over the granting of legal funds. They were allowed back in for the vote, where councillors May Mitchell and Greg Barnes voted against granting legal costs to the unnamed council identity.

Eight councillors were in favour of the vote, including John Learmonth, Wayne Honor, Vince Habermann, Steve Cooper, Bill Trevor, Tracey McPhee, Tanya McLoughlin and Jason Bartels.

Bundaberg Mayor Jack Dempsey - his council recently voted to allow elected councillors and council staff to apply for up to $5000 for legal costs.

CEO Steve Johnston was also present for the vote.

Deputy Mayor Bill Trevor informed councillors the approved application would see the person receive up to $5000 in legal assistance.

The Legal Assistance for Councillors and Employees Policy states that the proceedings must not be of a private nature.

“In some circumstances, it may be appropriate for council to provide financial assistance to fund, or partly fund, legal representation costs incurred by employees and Councillors where there is a sufficiently clear nexus between their council role and the legal proceeding involving them,” the policy states.

“The legal proceeding must not relate to a matter that is purely of an individual or private nature. The legal proceeding must arise from the performance by the employee or councillor of their council roles, functions or duties.”

In 2017, the state government said it did not support councils using ratepayer funds to provide legal assistance to councillors.

A spokesperson for former Local Government Minister Mark Furner told the Gympie Times “the Queensland Government does not support councils using ratepayer funds to fund private legal action.”

“Given the diversity of Queensland‘s local government sector, we do support each council to develop a suitable legal assistance policy to meet the needs of its local community,” the spokesperson said.

An official inquiry was made to the Bundaberg council as to the recipient of the legal funds of up to $5000, but it replied with “as the matter was confidential no further information can be provided.”