The Bega Valley Shire Residents and Ratepayers Association (BVSRRA) is appalled by the apparent decision of the chief executive of the NSW Office of Local Government, Marcia Doheny, not to pursue further action in the code of conduct matter concerning Cr Tony Allen.
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In a letter dated May 29, 2015, Ms Doheny refers to the refusal of Cr Allen to publicly apologise to Mrs Muriel Campbell in accordance with Bega Valley Shire Council’s resolution of December 17, 2014 and states: “In other circumstances, a refusal to comply with a similar resolution would warrant action.
"However, it is now over eight years since the phone call giving rise to the complaint.
"Given the time that has elapsed and in light of the decision in BQ and HM Dae Pty Ltd v National Australia Bank SASC 124 I have formed the view that it is preferable that the matter should be brought to an end.”
In reaching her 'view' and nominated 'preference', Ms Doheny appears to have ignored the facts that the code of conduct complaint against Cr Allen was made less than 12 months ago and only after the factual basis of the events giving rise to the complaint were identified in a judgement in the District Court of NSW on April 17, 2014 (Allen v Lloyd-Jones (No. 6) [2014] NSWDC 40).
Ms Doheny also appears to have ignored the findings and recommendations of the independent reviewer, the decision taken by Bega Valley Shire Council to accept findings and the recommendations of the independent reviewer, and her own department’s decision to reject an appeal by Cr Allen against the independent reviewer’s findings.
However, in the view of the BVSRRA, the most deplorable and shameful aspect of Ms Doheny’s conclusion is that, in forming her 'view' and nominated 'preference', she does not even acknowledge, let alone appear to take account of, the interests of Mrs Muriel Campbell, the person to whom Cr Allen’s inappropriate behaviour was directed.
In all the circumstances, the BVSRRA believes that Ms Doheny’s 'view' and nominated 'preference' is simply not credible and publicly calls on the Minister for Local Government to pursue a full public inquiry into all the circumstances surrounding this matter.
The BVSRRA is also appalled by the fact that Ms Doheny’s decision has not been conveyed to Mrs Campbell, any of the original code of conduct complainants, nor to Bega Valley Shire councillors, based on the question asked on notice by Cr Fitzpatrick at council’s ordinary meeting on Wednesday, June 10, requesting the general manager to provide council with an update on the matter.
The BVSRRA also notes recent reports that a review of the code of conduct complaints process is being undertaken, in particular to take account of widely acknowledged shortcomings with the process.
The BVSRRA has previously written to the Minister for Local Government detailing its dissatisfaction with the current code of conduct complaints process however, no response from the minister was forthcoming.
In the circumstances, the BVSRRA also believes that any review of the current code of conduct complaints process should be open and transparent and would best be conducted by a properly constituted cross-party parliamentary committee, allowing for the receipt and consideration of public submissions.
John Richardson
Secretary
Bega Valley Shire Residents and Ratepayers Association
Wallagoot