Council elections expected to come before any intervention

Pressure is mounting on the state government to intervene in a local government stoush over a flashing councillor – but the stalemate is likely to be decided by ratepayers.

RATEPAYERS will be the “ultimate judge and jury” and decide the fate of a disgraced Tasmanian councillor.

Pressure is mounting on the state government to intervene in what has become a very public stalemate between conited flasher Darren Fairbrother, the Waratah-Wynyard Council and ratepayers.

In May, Fairbrother was convicted of a charge of prohibited behaviour in relation to a flashing incident on Boat Harbour Beach.

He is refusing to quit the council despite a vote of no confidence and public shaming at a council meeting on Monday night.

Mr Fairbrother received a $800 fine for his lewd behaviour and was placed on the sex offender’s register.

His current elected term expires on October 31.

“The ultimate judge and jury will be the community,” former Glenorchy mayor and independent Member for Clark Kristie Johnston said.

“His conduct has brought the council into disrepute. It is likely the local government elections at the end of October will happen before any formal action due to the lengthy nature of such processes,” Ms Johnston said.

An alderman from neighbouring Burnie City Council has called out the behaviour of Mr Fairbrother’s fellow elected members.

“I believe he should resign; however, that is his choice,” Ken Dorsey said.

“The Wynyard Councillors set on him like a pack of dogs in their self-righteous attempt to belittle a colleague and gain favour with the electorate.”

Tasmanian government minister and Waratah-Wynyard resident Roger Jaensch said the government was ready to listen to the community and councils as it reviewed the Local Government Act.

“The most important review, however, will come when people cast their vote at the upcoming local government elections,” Mr Jaensch said.

A government spokesman said the Local Govenrment Minister did not have authority to remove a councillor.

“Multiple Code of Conduct complaints have been lodged under the Local Government Act against councillor Fairbrother,” the spokesman said.

“A range of sanctions are available to the Code of Conduct Panel if the complaint is upheld, including a period of suspension for up to three months.

“The office of councillor is automatically vacated if its occupant is sentenced for committing an indictable offense. As a summary offence, being sentenced for prohibited behaviour does not result in the office being automatically vacated.”

Local Government Minister Nic Streets has sought advice on options to ensure that the eligibility for the office of councillor is well aligned with community expectations.

Members of the community who attended Monday night’s Waratah-Wynyard Council meeting called on Mr Fairbrother to be sacked.

But Ms Johnston said mayors had no power when it came to the Code of Conduct process which she called a “toothless tiger”.

Kristie Johnston independent member for Clark. Picture: Nikki Davis-Jones

“There needs to be a mechanism in the Local Government Act to deal with such extreme circumstances as what we are seeing in the North West,” Ms Johnston said.

She said a call by Waratah-Wynyard councillor Mary Duniam for local government officers to need a working with vulnerable people clearance was “eminently sensible”.

“Volunteers have to have it but not elected representatives,” she said.

Mr Fairbrother has not responded to requests for comment.