Growing calls for reform of code of conduct process dealing with complaints against Tasmanian councillors

A Sorell resident who lodged a code of conduct complaint against a councillor has called for a review of the “questionable and inefficient” process.

• Sorell councillor calls out code of conduct process after tea room complaint
• Code of conduct: Huon councillor Mike Wilson speaks out after dismissed mints complaint

A GROWING chorus is calling for reform of the councillor code of conduct complaint process after a series of outcomes have left those involved and the general public scratching their heads.

A code of conduct panel recently dismissed a complaint against Huon Valley councillor Mike Wilson about whether or not he lied under oath about mints being handed out before council meetings.

His colleague, Mick Newell, was suspended for six weeks after having three complaints against him upheld.

Sorell councillor Deborah de Williams had a complaint upheld against her from a resident and has been directed by a code of conduct panel to write a personal apology to the resident.

Sorell councillor Deborah de Williams. Picture: LUKE BOWDEN

Sharon Fotheringham had complained that, on February 18, an incident took place in the tea room next to the council chambers where Ms de Williams entered the room and allegedly said: “I want to get out of here as quickly as possible away from a certain person.”

Cr de Williams had called for a full hearing for the matter, as did Mrs Fotheringham, who described the process as questionable and inefficient.

Mrs Fotheringham said the apology she had since received from Cr de Williams was “unacceptable” and she had raised the matter with the code of conduct panel and the minister.

Sharon Fotheringham. Picture: LUKE BOWDEN

The former police officer and prosecutor said one issue with the process was a lack of statutory time frames for responses or outcomes.

“It was a simple complaint and the time it took to investigate was not acceptable. They didn’t obtain statements from all the witnesses,” she said.

Southern Midlands Council deputy mayor Edwin Batt, who has a background of more than 20 years’ experience in Victoria in the administration of justice, including as a magistrate and coroner, said the adversarial nature of the proceedings needed to change.

“What must be done is to reshape the procedure to require the panel chair to direct the parties to compulsory mediation where conciliation and reconciliation can be facilitated by well trained and experienced mediators,” he said.

“Only after this step should there be any preparation for a hearing. Try and keep the parties out of the trenches.”

In recent weeks, Local Government Minister Mark Shelton has said the local government division was preparing advice on potential changes that could be made to the code of conduct process.

“There are concerns from the sector the process may be used as a weapon by individuals who may have political or personal motives, and it would seem unfair for a council to bear the costs where complaints are dismissed,” he said.

“I have every confidence in the independent code of conduct panel’s professionalism.”