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Liverpool City Council election set to proceed on September 14 despite threat of delay

Voters are set to go to the polls as planned in Liverpool after the embattled local council’s acting chief executive launched an 11th-hour legal challenge, enraging three councillors who claim they were blindsided.

Liverpool City Council acting chief executive Jason Breton (left) and Office of Local Government minister Ron Hoenig.
Liverpool City Council acting chief executive Jason Breton (left) and Office of Local Government minister Ron Hoenig.

Voters are set to go to the polls as planned in Liverpool after the embattled local council’s acting chief executive launched an 11th-hour legal challenge, enraging three councillors who claim he went rogue and blindsided them.

Acting Liverpool City Council boss Jason Breton lodged a notice of appeal following a decision in the Land and Environment Court, which had left the door open on Monday for Local Government Minister Ron Hoenig to follow through on his intention to suspend councillors and delay next Saturday’s election.

Mr Breton said on Thursday the election would take place on September 14, with commissioner Ross Glover to conduct a public inquiry into the council after constituents cast their votes.

He had earlier defended himself in the face of criticism, saying the move was “not made lightly”and was in the best interests of the council and Liverpool ratepayers.

“Lodging the appeal is certainly a necessary action that is necessary to fulfil the council’s resolution to seek to prevent or restrain the minister from his stated intentions, which, if enacted, would deprive the voters of Liverpool their democratic rights,” he said.

Liverpool City Council acting chief executive Jason Breton.
Liverpool City Council acting chief executive Jason Breton.

Liverpool Mayor Ned Mannoun also backed the appeal and argued it was the council’s role to “fight for the community and the people of Liverpool”.

“We have always welcomed any type of inquiry, but we have an issue with an election being stopped,” he said.

“It’s astonishing that people who are running for mayor and council don’t want to fight and want to let the people get walked over.”

Following Justice John Robson’s judgment in the Land and Environment Court on Monday, the council was given until Thursday to respond to a notice of intention to suspend councillors and delay the Liverpool local government election scheduled for September 14.

Liverpool Mayor Ned Mannoun. Picture: Monique Harmer
Liverpool Mayor Ned Mannoun. Picture: Monique Harmer

Mr Breton’s decision to appeal the court’s judgment has enraged three councillors, who declared on Thursday they had “lost confidence” in his leadership.

Labor councillors Charishma Kaliyanda and Betty Green released a joint statement with independent Peter Harle, questioning Mr Breton’s “capacity to make decisions in the best interests of the Liverpool community.”

The trio said Mr Breton failed to consult with “all members of the elected body” prior to the decision to launch the appeal.

“No legal advice was provided to councillors, or resolution of the council was sought, before a unilateral decision was made by an unelected bureaucrat to lodge an appeal to the court decision handed down earlier this week,” they said.

Liverpool MP and councillor Charishma Kaliyanda.
Liverpool MP and councillor Charishma Kaliyanda.
Liverpool councillor Betty Green.
Liverpool councillor Betty Green.

The three councillors said they welcomed a public inquiry into the council as the community and staff deserved “answers and transparency” before the next election.

“The only beneficiary of this action is Ned Mannoun, his ego and his political allies – not the ratepayers of Liverpool – in his refusal to accept the judgment of the court,” they said.

The latest development follows the council previously voting on July 22 to take Mr Hoenig to court over July’s publication of a 50-page interim report, which outlined alleged corruption and bullying inside the council.

Mr Breton said the council further resolved during the July extraordinary meeting to authorise the “CEO to do all things necessary to give effect to its resolutions”.

The report was published alongside Mr Hoenig’s announcement of a public inquiry into the council, and later removed from the internet in the Office of Local Government described as “an act of good faith”.

Liverpool councillor Peter Harle.
Liverpool councillor Peter Harle.

The council asked Justice Robson to set aside the interim report, and to disqualify Mr Hoenig and Office of Local Government deputy secretary Brett Whitworth from taking further steps in reporting on the results of the investigation.

Justice Robson was also asked to determine whether Mr Whitworth had the power to make an interim report before a public inquiry, and if he and his office failed to afford the council procedural fairness and remain free from actual or apprehended bias.

On Monday, the judge upheld the council’s complaint about a lack of procedural fairness but dismissed all other grounds of its legal challenge, including the allegation of bias.

A spokeswoman for the Office of Local Government welcomed Justice Robson’s ruling on Monday, saying the council had been “largely unsuccessful in (its) legal challenge”.

“Justice Robson’s judgement is clear that the advice given to the minister about the serious concerns at council was reasonable,” the spokeswoman said.

Neither Mr Hoenig nor the Office of Local Government responded on Thursday to requests for comment on what Mr Breton’s latest move meant from their points of view.

Original URL: https://www.dailytelegraph.com.au/newslocal/liverpool-leader/liverpool-city-council-to-lodge-appeal-against-land-and-environment-court-ruling/news-story/b3b6172aa8f237cae9adca81b51cbb5a