ARARAT Rural City’s Mayor and Deputy Mayor will enter a complaint resolution process over alleged code of conduct breaches.
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Ararat Rural City Councillors carried the motion on Tuesday night to begin the process, which was brought by Mayor Paul Hooper against Deputy Mayor Glenda McLean.
The motion scheduled the initial Complaint Resolution meeting for Thursday.
Cr Hooper gave notice to move the motion before absenting himself from the chamber.
"Due to the recommendations from the Minister for Local Government and the Commission of Inquiry into Ararat Rural City Council I wish to make a formal complaint under the Councillor Code of Conduct (C.1.6) against Cr Glenda McLean,” Cr Hooper’s motion stated.
“As I am the applicant it is appropriate for Council to resolve to appoint Cr Peter Beales to undertake a formal complaint resolution process in accordance with Clause 8 of the Councillor Code of Conduct (C.1.6).
“The initial Complaint Resolution meeting be scheduled to take place on 21 September 2017; and 4 The Ministerial Monitor, Ms Janet Dore be included in the complaint resolution process."
The state government’s commission of inquiry, which was established in June mainly to investigate Ararat Rural City’s proposal to abolish differential rates, made finding against Cr McLean.
The report, which was tabled in parliament, stated Cr McLean breached the Councillor Code of Conduct in relation to two separate matters, including the search for a new chief executive.
“The Commission finds that on 2 May 2017 at the Council meeting after passing the uniform rate proposal, the conduct of Cr McLean where she turned to the public gallery and addressed it with the words “suck it up, princesses” was abusive and a breach of the Councillor Code of Conduct and Council meeting procedures,” the report stated.
“The Commission finds Cr McLean has also breached the Councillor Code of Conduct as she had no proper or sound reason to make and receive calls from a nondirector member of staff, Mr Neil Manning, about his occupation of the interim chief executive position.”
The motion was initially defeated after a council vote produced a tie and acting meeting chair Gwenda Allgood used her casting vote to block the motion.
However, Tuesday night’s council meeting was the first to be attended by Municipal Monitor Janet Dore, who was appointed by the Victorian Local Government Minister last month.
Ms Dore advised Cr Allgood that approving the motion would be consistent with working towards implementing the state government commission of inquiry's recommendations.
During a special meeting on August 22, councillors agreed to the Local Government Minister’s reccomendation that Ararat Rural City “take steps under its Councillor Code of Conduct to address the Commission’s findings in relation to potential breaches of the Code of Conduct”.
Under Ararat Rural City’s strategy to implement the recommendations, the Mayor was tasked to “commence the disciplinary process outlined in the Councillor Code of Conduct and the Councillor Code of Conduct Support Guide as soon as practicable.”
“This is the implementation of the recommendation of the commission of inquiry report which you as a council have agreed to implement,” Ms Dore said.
“I think you would be viewed as not governing in the best interests if you go against your own resolution to implement the recommendations.”
In response to questions from councillors, Ararat Rural City interim chief executive Colleen White said it was not appropriate to have either the complainant or the subject of a complaint in the chamber for the motion.
“My advice is that is was not appropriate and I did email out the process to be undertaken in relation to the matter.
“The advice was that both Crs Hooper and McLean should leave.”
Cr McLean, who had just voted against the motion concerning a complaint against herself, then made the decision to absent herself from the chamber.
“I’m sorry that I did not leave the room,” Cr McLean said.
“I wrote to the chief executive after having advice from the Municipal Association of Victoria that Cr Hooper and I were entitled to be in the room, and that was the last that I understood of the case.
“So I was surprised when Cr Hooper left the room.”
Cr Allgood then rescinded and re-put the defeated motion, which was then passed at a second vote without opposition.