Independent investigation finds Northern NSW councillor breached code of conduct five times

After complaints that a councillor had made “inappropriate, false and defamatory comments”, and shared private commercial information, an independent investigation was launched.

An independent investigation has found a councillor breached the code of conduct five times.

An independent investigation has found a Northern NSW councillor breached the code of conduct five times.

The breaches related to Tenterfield Shire councillor Brian Murray’s behaviour during council meetings on June 24 and July 2, 2020, and complaints up to July 6, 2020.

The council’s acting chief executive, Kylie Smith, prepared a report on the matter for the last council meeting.

It stated an independent investigation had been undertaken by O’Connor Marsden & Associates and, as a result of the investigation, the council voted to censure Mr Murray for misconduct for five breaches of the code of conduct.

Tenterfield Shire councillor Brian Murray.

Councillors also voted to publicly publish the findings and determinations of the report.

The breaches were:

● At the council’s ordinary meeting on June 24, 2020, Mr Murray “harassed” a man by “making offensive and humiliating statements” against him and the Angry Bull Mountain Bike Trails Project. He used statements such as “it’s ‘bull” and called the project a “sham” or a “scam”. Mr Murray also “falsely stated that an approach by the Angry Bull Mountain Bike Trails Project had been made, or would be made, to Tenterfield Shire Council for a free block of land within the industrial estate”.

● At the extraordinary meeting on July 2, 2020, Mr Murray harassed another man “through making an offensive and humiliating statement” when he said the Angry Bull Mountain Bike Trails Project was either “hunky dory” or “hokey dokey”, and insinuated that an “inappropriate meeting had taken place with council staff through which a ‘deal’ had been brokered”.

● Between June 24 and July 6, 2020, Mr Murray made a false complaint of a breach of Code of Conduct by another councillor to the council’s chief executive officer.

● Mr Murray also provided confidential information obtained in his position as a councillor to a member of the public.

● On August 20, 2020, Mr Murray “dishonestly misled” Stephen Osborne, principal of O’Connor Marsden & Associates, during an interview concerning a complaint made by Mr Murray about another councillor.

The council’s acting chief executive’s report also explained that two allegations of another councillor breaching the code of conduct were not sustained.

“The investigation report was provided to the Office of Local Government in January 2021, as required by the Code of Conduct, and prior to the finalisation of the investigation report,” Ms Smith’s report states.

The independent investigation cost the council $41,280.