Merger-threatened Mosman Council will launch legal action against government’s amalgamation proposals
MOSMAN councillors unanimously voted in a closed meeting last night to commence legal proceedings to stop the government from forcibly amalgamating it with other councils.
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MOSMAN Council has voted unanimously to go to battle in the courts against the State Government’s merger proposals.
Last night council held a closed extraordinary meeting, its fifth meeting in 16 days, to make the resolution.
Council previously earmarked $100,000 for a war chest at its meeting on April 5, should it decide to go ahead with legal action.
The government has proposed amalgamating Mosman with Manly and part of Warringah councils, or with North Sydney and Willoughby councils.
Council’s lawyers will be instructed to commence proceedings to restrain the government from amalgamating Mosman with other councils.
Mosman mayor Peter Abelson said today that the lawyers would take “rapid action”.
“We received advice from Senior Counsel and we are satisfied of a reasonable prospect of success,” councillor Abelson said.
“Council voted unanimously to initiate legal proceedings.
“If successful this would disallow the State Government to proceed with the proposed mergers.”
Councils including Ku-ring-gai and Woollahra are engaged in legal challenges against forced amalgamations.
It is unknown when and in what court Mosman Council will file proceedings.
Meanwhile, Mosman councillors are divided among those who support the Local Government Minister’s invitation for them to reapply for their jobs and those who stand against it.
The rift emerged during two council meetings last week.
The wash-up means council has sought an urgent meeting with the government to request a commitment to local democracy, the withdrawal of the expressions of interest, and that the mayor represent Mosman on the new council if a merger is forced.
A failed attempt was made to debate the issue as an urgency motion at the April 5 meeting.
Cr Abelson was one of four votes against the motion and said councillors had a right to submit an EOI, regardless of his personal opinion.
“It’s not possible to fetter the interests of individual councillors,” he said.
On Tuesday last week Cr Abelson left the chamber while debate was finalised and a vote on an extended version of the motion took place, because of a perceived benefit he may have from being on a new council.
The resolution carried with the casting vote of deputy mayor Carolyn Corrigan.
Councillors Simon Menzies, Libby Moline and Peter White voted against it.
The trio failed to rescind the motion in a four-minute council meeting on Thursday last week, after they were the only councillors barred from participating in discussion of and voting on the matter because of conflicts of interest.
The pecuniary or non-pecuniary interests being that each of the three councillors was either applying for, had lodged or considered submitting an EOI at the time. Submissions were due by Friday last week.
Today Local Government Minister Paul Toole said more than 500 serving councillors had submitted expressions of interest in roles with new councils.
The government sent EOI letters to mayors and councillors subject to merger proposals, requesting they apply for administrator or councillor roles on new councils.
“This overwhelming response makes it clear that mayors and councillors just want to get on with the job of delivering good local government in this state,” Mr Toole said.
He said expressions of interest had included those from serving councillors who were publicly opposed to proposed mergers.
“I thank those councillors for their willingness to remain involved, as they have much to keep offering the community,” Mr Toole said.
“These expressions of interest have been provided in strict confidence, so many councillors have been able to honestly offer their services despite their public opposition to merger proposals.”
Delegates’ reports are being finalised before the Boundaries Commission considers them.
Mr Toole stressed that no decisions about mergers had been made and the government aimed to make decisions by midyear.
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