Simple mistake almost disqualified councillors

Two Baw Baw Shire councillors faced dismissal last week because of a “simple mistake” in signing a code of conduct too late.

Crs Mikaela Power and Gerard Murphy failed to sign their pledge to obey the code of conduct by the state government cut-off on July 4.

They, and more than 100 other councillors around the state were facing disqualification from September 1. However, the state government last week backed down on any cases that were an administrative blunder.

The July 4 deadline called for councillors to sign their code of conduct within one month from the point their council adopted the new code.

While some reports have emerged of councillors refusing to sign the code of conduct, that was not the case in Baw Baw, where Crs Power and Murphy signed their forms too late.

Acting chief executive officer Liana Thompson said Baw Baw Shire councillors had always supported the code of conduct and never indicated anything to the contrary.

“In this instance, it’s a simple mistake. The form was signed and dated a week late,” she said.

Council held a special meeting on June 8 when it resolved to adopt the new councillor code of conduct policy and seek the signature of each councillor within one month of adopting the policy.

Shire chief executive officer Helen Anstis was required to witness each councillor signing the document.

The report to council said the state government required the new code of conduct to be enacted and endorsed by July 4.

Three councillors – Crs Power, Murphy and Tricia Jones did not attend the meeting.

Cr Power said she was at the next council meeting a week later and usually any papers requiring to be signed would be at the meeting, “but I didn’t receive it.”

“I did ask about it and I was assured it would come through,” she said.

Cr Power said she and Cr Murphy were both in the same circumstances in having difficulty in attending at the shire offices during normal work hours for Ms Anstis to witness the documents.

The date on the document signed by Cr Power was July 7.

Cr Power was notified about half an hour before the issue was released to media last Monday.

“My first reaction was I had signed it. I wasn’t aware of the disparity with dates.

While alarmed at the possibility she faced suspension, Cr Power said meetings the following morning indicated a huge number of councillors were in the same position.

She said some councillors had been vocal in their opposition to the code but that was not the case with her.

Cr Power said she fully supported signing the code and having rules in place to guide the behaviour of councillors.

Cr Murphy did not return calls from The Gazette.

On Tuesday, the state government agreed to amend the Local Government Act 1989 because of the administrative errors made by a number of councils across Victoria.

This error would have resulted in 107 councillors, including 13 entire councils, disqualified and then dismissed on September 1 for not agreeing to abide by their own code of conduct.

Cardinia Shire Council was one of the affected municipalities.

Councillors will be still required to review their code of conduct within four weeks of the October 22 council elections.

However, the current group of councillors will not be disqualified as a result of their errors.

The requirement for new codes of conduct was part of a suite of new laws passed in October 2015 to strengthen council governance and reduce councillor misconduct.

The laws ensure that no councillor is able to avoid disciplinary action for breaching their council’s code of conduct.