By Aneeka Simonis
CARDINIA Shire councillors under threat of being sacked for alleged code of conduct failures have been spared from the chopping block.
The entire council was set to be disqualified for failing to ‘abide’ by the State Government’s newly enforced code of conduct requirements – but hours after the hard-line ruling was announced, it was wiped for the sake of ratepayers.
The news would likely bring relief to Cardinia Shire councillors – several of whom refused to answer questions about the dismissal threat, including Mayor Jodie Owen, following their private meeting on the issue on Monday 15 August.
The Gazette made requests to council and the Local Government Investigations and Compliance Inspectorate office to understand the nature of the council’s alleged breach, but did not receive information.
However, council indicated it was considering challenging the decision if it went any further, stating all councillors signed the code, witnessed by CEO Garry McQuillan ahead of the 4 July deadline and have since complied with all requirements.
Acting Minister for Local Government Richard Wynne said councils were quick to make contact after the announcement and that the government had graciously agreed to amend the Local Government Act 1989 to ensure ratepayers did not suffer for councils’ “gross incompetence”.
“Our ultimate consideration here is ensuring residents don’t have to pay for the administrative mistakes made by their local councils,” he said.
“The councils have admitted themselves to gross incompetence in not meeting this simple requirement, and they have asked the government for a solution to ensure ratepayers don’t suffer as a result of these mistakes.”
The administrative errors occurred despite each council being issued a comprehensive online guide explaining the changes, as well as two hard copies of the guide.
In total, more than 100 councillors were threatened with dismissal
Entire councils flagged for the sack, including Cardinia Shire, were to be replaced by administrators from 1 September for a seven-week period until the council election in October.
The Coalition accused Daniel Andrews of botching the “poorly implemented legislation”. He has refused to publicly take blame over the whirlwind turnabout.
Councillor Kate Lempriere voiced public reluctance when signing the legally-binding behavioural agreement within council chambers in mid-April.
She said: “I will sign the code, but I am reluctant to sign it. Not because I intend to break the code, but because it is ridiculous that there is no code of conduct for state and federal politicians, and we are actually being forced to sign as your local government representatives … the closest (government) to the people.”
The statement came moments after council’s manager for governance, Doug Evans, said the legislation was “very much a case of do as I say, not as I do” when asked whether state and commonwealth political figures were bound by similar legislation requirements.
