Inner West Council: Calls for Darcy Byrne to resign over NCAT findings

A Sydney mayor is facing fresh calls to step aside after a tribunal found he misused his position by asking colleagues to apologise to him in the chamber.

UPDATE

Lawyers for embattled Inner West Mayor Darcy Byrne have been set a date for when a tribunal will decide how he is punished over findings he misused his position in public office and breached conflict of interest provisions.

The NSW Civil and Administration Tribunal is deciding whether the popular Labor mayor should be suspended from his position after being found to have misused his public office by asking councillors to apologise in the chamber after he sent them a legal letter.

Cr Byrne claims he was defamed in a Facebook post and that he thought he was doing the right thing by the council when asking for the apology.

The Inner West Courier was prevented from entering the public hearing because of COVID-19 restrictions which have been in place at NCAT, and not changed, since March 2020.

Tribunal principal member Linda Pearson was due to set directions for lawyers on behalf of the mayor and the Office of Local Government for their submissions on a penalty, which could include suspending Cr Byrne from his job.

EARLIER

BY ANTON ROSE ON MAY 5

There fresh calls for Inner West Mayor Darcy Byrne to stand down after a tribunal on Tuesday found he improperly used his power in public office by forcing council colleagues to apologise in the chamber after he sent them a threat from his lawyers.

Next Monday the NSW Civil and Administration Tribunal will deliberate its penalty to Cr Byrne, a former staffer to federal opposition leader Anthony Albanese, which could see him suspended from his position.

The tribunal found he breached conflict of interest provisions by using a council vote to address allegedly defamatory comments made about him by councillors Colin Hesse and Pauline Lockie on Facebook.

One councillor, who spoke anonymously over concerns of a backlash against them, said the mayor now had no choice but to stand down.

The mayor, right, took aim at the allegations being levelled days before he gave evidence to parliament. Picture: John Appleyard

“This to me is an independent statement (from NCAT) that he has to stand down and do the right thing,” the councillor said.

“We’ve lost confidence and have for such a long time, we can recommend it but he doesn’t have to do it.

“This now seals that I think because an independent statement has been made.”

The day after the tribunal weighs up his fate Cr Byrne is due to chair a council meeting, which one council source suggested he should not be allowed to do depending on the punishment handed down.

One of the motions is an item asking the mayor to stand down which has been unable to be debated for two months due to the lengthy nature of council meetings

Cr Byrne declined to answer whether he would stand down or chair the meeting next week and instead took aim at the allegations which came days before he was due to give evidence at state parliament’s grants pork barrelling inquiry.

The tribunal will hand down a decision next Monday, the day before he chairs a council meeting.

“In March 2019 I was defamed, as has been publicly admitted and apologised for,” the mayor said in a statement.

“In refuting these defamatory comments, which applied to a majority of Inner West councillors and the council itself, I sent a letter seeking withdrawal of the comments. The Tribunal has found that failing to declare this letter as a private interest was a breach of the Council’s Code of Conduct.

“I’m disappointed in the decision. I thought I was defending the council’s reputation and never intended to breach the rules.”

Another councillor, independent John Stamolis, said issues at the head of council were disturbing.

“The ongoing problems at the highest level of leadership of council are highly disturbing and totally unproductive for our council and achieving the best result for our community,” he said

“Councillors and our community are shocked by what they are seeing.”

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