Gutwein may be forced to dismiss council
THE suspended Glenorchy aldermen will return to their council duties on August 8, unless Local Government Minister Peter Gutwein sacks them.
With the Board of Inquiry investigation into the council on hold indefinitely because of a further legal challenge in the Supreme Court, revealed by the Mercury yesterday, it appears likely the process will be continuing when the six-month suspension of the Glenorchy aldermen expires in August.
Mr Gutwein yesterday expressed his disappointment at the latest legal challenge and delay of the process and said he was exploring his options.
“Unfortunately this latest legal action means the report into the council will not be able to be finalised until the action is resolved,” Mr Gutwein said.
“I am disappointed at another delay in what has become a very drawn-out process. The sooner this matter can be put to rest the better.
“There is nothing more I can say at this stage other than the Government is seeking further advice.”
Under section 226 of the Local Government Act, Mr Gutwein can recommend to Governor Kate Warner that the Glenorchy councillors be dismissed if he believes “the failure of the council to perform any function has seriously affected the operation of the council, or the irregularity of the conduct of the council has seriously affected the operation of the council”.
Describing it as an “unprecedented situation”, University of Tasmania corporate governance expert Tom Baxter said Mr Gutwein would now need to examine his legal options.
Under the Local Government Act 1993, the suspension of a council once a Board of Inquiry has been established must not exceed six months.
There is nothing in the Act saying a council can be resuspended once the six months has passed.
A potential return of Glenorchy aldermen would also raise questions over the future of commissioner Sue Smith.
Ms Smith said she had been contacted by numerous Glenorchy residents saying they did not want the aldermen back.
Meanwhile, the Mercury is continuing to pursue details over the Supreme Court action launched by general manager Peter Brooks, who is on extended leave. The action is against Board of Inquiry members Barry Easther and Lynn Mason.
Ms Smith said the council would not pay Mr Brooks’ legal fees. The Mercury was unable to confirm the delay to the Board of Inquiry report was caused by Mr Brooks’ action or whether other action was pending.
The Mercury understands the draft report raises a number of potential code of conduct breaches, alleged failures of governance and paints a damning picture of the breakdown in senior relationships.