Councillor ready to sue
Brighton member refuses to recognise code complaint
BRIGHTON councillor Keith Higgins says he will not follow the recommendation of a code of conduct panel determination and apologise to a fellow councillor.
And Cr Higgins says he is briefing his solicitor and preparing to bring action against the council.
A determination report by the independent panel into a complaint made by Cr Wayne Garlick against Cr Higgins — Cr Higgins’ third since being sworn into office last November — is on the agenda for tonight’s meeting at the council’s Old Beach chambers.
In the report, the panel determined that the complaint that Cr Higgins contravened parts 7.1 (a) (b) and (c) was upheld:
THAT Cr Higgins be reprimanded for his actions for alleging on more than one occasion that Cr Garlick was “a thief and a liar”.
HE is required to apologise to Cr Garlick in writing at the next available closed council meeting. But Cr Higgins told the Mercury he would not follow the determination.
“I’ll refuse to apologise,” he said. “It’s in my solicitor’s hands now, I’ve asked him to initiate action and I have been in discussion with the Local Government Division about it all.”
Earlier this year, the Mercury revealed lawyers for Cr Garlick wrote to Cr Higgins in November, alleging Cr Higgins had made false and defamatory statements about Cr Garlick to community members.
“We are instructed by our client to indicate that if you repeat these allegations whether verbally and/or in writing at any time in the future, that our client will institute proceedings against you to ensure that this course of inappropriate conduct is stopped,” they wrote.
Cr Garlick also claimed that Cr Higgins leaked the letter from his lawyers but it was dismissed.
Cr Garlick could not be reached for comment.
Acting Brighton Mayor Barbara Curran — who spoke at the code of conduct hearing in June — said it was up to Cr Higgins if he wanted to heed or disregard the determination.
Under the new model, brought in last year, one independent body oversees all Tasmanian code of conduct investigations.
The relevant parties to a complaint bear their own costs and the relevant councils concerned in each complaint have been invoiced for the expenses involved in the administration of the panel.