Councillor misconduct review: Central Coast administrator supports fines and penalties

Future councillors and candidates would be given better training in civic office under an independent review, which also proposes stiff fines and harsher penalties for misconduct. Do you agree?

The review proposes tougher penalties including fines, which stemmed from incidents including the Central Coast Council’s financial crisis. (File image)

Central Coast Council Adminsitrator Rik Hart is expected to write to the Office of Local Government (OLG) in support of a series of sweeping recommendations designed to improve the integrity, transparency and accountability of local councillors.

However the coast’s interim overlord is calling on the state government to better fund the proposed new regime and, at the same time, provide councils the ability to claw back costs incurred to investigate vexatious, frivolous and malicious complaints from those who made them.

Local Government Minister Wendy Tuckerman appointed former Logan City Council general manager Gary Kellar to conduct an independent review of councillor misconduct in November 2021 following a series of high profile incidents involving elected councils.

One of these was the Central Coast Council’s financial crisis which saw the sacking of all councillors in late 2020 after the council fell into debt to the tune of $565m.

Two common themes highlighted by the sacked councillors in the Public Inquiry was a lack or training regarding financial management in local government and “toxic” behaviour in the chamber.

Gary Kellar.

Mr Kellar, who conducted a similar review for the Queensland Government in 2017, handed down his findings in December last year which included 49 recommendations.

Central to the recommendations include the establishment of a Councillor Conduct Commissioner who would oversee a “review panel” which would have stronger prescribed disciplinary powers than those currently available to councils including the ability to issue stiff fines or impose costs on misbehaving councillors.

Minister for Local Government Wendy Tuckerman announced the independent review in November 2021.

According to Mr Kellar’s review, the commissioner and panel would fall under the umbrella of the (OLG) but remain a statutory, independent body.

Mr Kellar’s review proposes a “user pays” model whereby councils would be required to meet the costs of the commission and the panels in dealing with misconduct complaints about their councillors.

Councils across NSW have until February 3 to submit feedback on the proposed recommendations and Central Coast Administrator Rik Hart is expected to endorse his support for the majority of the review at next Tuesday night’s meeting.

However Mr Hart said while he supported the “user pays” model, the cost of establishing the commission and its day-to-day operations should be born by the state government.

“Council supports the proposal that investigations should be undertaken on a user-pays basis and therefore councils would assume the cost burden for this process,” he said in council’s proposed submission to the review.

“Cost recovery processes should include the option to allocate costs to the most appropriate actor as determined by the investigation. This may include the subject of a complaint where the investigation has been unduly delayed, is a serious or repeat matter.

“In cases of vexatious, malicious, frivolous or complaints not made in good faith, consideration should be given to allocating costs to the complainant.”

Central Coast Council Administrator Rik Hart. Picture: Fiona Killman

Mr Kellar’s review found the current system, where most complaints are handled by council general managers before being escalated to the OLG, costs about $3 million a year.

In addition to a “user pays” model, he said savings from better performing and transparent councils would more than make up for any initial cost to implement the new commissioner/panel system.

Other recommendations from Mr Kellar’s review include:

■ A separate code of conduct for councillors and amended `oath of office’;

■ Mandatory councillor training, including pre-nomination training of candidates for election;

■ Tougher penalties and sections to deal with misconduct, including fines;

■ Greater transparency for all meetings including workshops and briefings;

■ Increased powers for mayors and meeting chairs to respond to disorderly meeting conduct;

■ The removal of current functions of General Managers/CEOs to process or determine any councillor conduct complaints.

The Central Coast meanwhile will have to wait more than a year and a half before it sees any new elected councillors with local government elections not proposed for the region until September 2024.