Code of Conduct conclusion

THE Code of Conduct complaint made about me last February reached its conclusion at last week's council meeting, with the tabling of a summary of the determination of the Standards Panel of the Local Government Association of Tasmania. It had been my intention to let the moment pass without comment, but the kind remarks of some of my colleagues at the council table could have led casual observers to believe that I some way accepted the findings of the Standards Panel. In fact I do not accept the panel's decision and it was only the extreme cost of a Supreme Court action that prevented me from lodging an appeal.


As required by legislation, Mayor Martyn Evans tabled a summary of the panel's decision (posted on this website late last year). In addition to providing information required by law, the panel's summary also makes the unfounded allegations that I had attempted to influence a member of staff and that I had failed to exhibit a sound understanding of the respective roles, functions and responsibilities of councillors and council employees.

In fact, the Standards Panel erred in its belief that council staff were not required to declare potential conflicts of interest in the same way as councillors. The chairwoman in particular, a former mayor and president of the LGAT, was quite clear in her spoken remarks to that effect, even after I had mentioned that our own general manager had recently declared an interest in a recommendation before the council and quite properly left the room while it was discussed. The general manager's action was consistent with the council's staff policy manual, which says, in part: "Councillors and staff should ensure that there is no actual (or perceived) conflict or incompatibility between their personal interest and the impartial fulfillment of their public or professional duties."


These remarks of mine should not be taken to imply any criticism of Mr Ian Brown personally or of his decision to make his Code of Conduct complaint against me last February. That was his right, and, as I advised the Code of Conduct Panel and the Standards Panel, I regret that Mr Brown felt that I had failed him as a councillor.

After the tabling of the Standards Panel's report at last week's council meeting and listening to my colleagues' supportive remarks, I read out the following excerpts which were not included in the summary provided to councillors and the public:

* The Standards Panel determined that no evidence was presented to indicate that Cr Bester acted either maliciously or vindictively.

* The Standards Panel determined that no evidence was presented that Cr Bester targetted only the complainant in his statement, or that Cr Bester deliberately or unintentionally misled Council, or that he manipulated an inexperienced mayor to ensure that the complainant had to leave the council meeting.

* The Standards Panel determined that no evidence was presented to support the allegation that Cr Bester's manner and delivery were intended to highlight a personal attack on the complainant.

Given those three statements, and the panel's flawed view on staff conflicts of interest, it must be questioned on what basis I was found to have breached the Councillor Code of Conduct.

Fast food petition

EARLIER tonight I received a petition containing the signatures of more than 300 people who are opposed to the proposal of Humana Pty Ltd to build an unspecified fast food restaurant on the corner of George and Burnett Sts in New Norfolk. I have not yet decided how I will vote on this proposal, but it will be my pleasure to table the petition at this week's council meeting and report the concerns of this large body of people.

Rosedown open for flood relief appeal

DELICIOUS morning teas will be available in the picturesque setting of Rosedown Gardens this Thursday (February 3) in aid of the Queensland Flood Relief Appeal. The address is 134 Hamilton Rd, New Norfolk, and the gardens will be open from 10am to 1pm. Visitors will be able to take a stroll through the many gardens of roses, exotic trees and perennials, before or after taking in a Devonshire tea with fresh raspberry or mulberry jam. Organisers Joan Excell and Brenda Triffitt will also have a trade table. Admission will be $6 per person.

Australia Day in the country

TWO of the committees I attend on behalf of the council have planned a range of Australia Day activities for their communities and visitors are more than welcome to join in.

At Maydena, the Community Association will once again hold its traditional community walk to Junee Caves. Meet at the Maydena Swimming Pool at 9.30am on January 26 and then walk, ride or run 4.2km to the cave where cordial and biscuits will be supplied to provide sustenance for the walk back to the Community Hall for a barbecue lunch and a cricket match.

At Bushy Park, the War Memorial Swimming Pool will be open for a fun day on January 26. Discounted family admission prices will apply between 10am and 7pm, but the games and activities will take place between 11.30am and 2.30pm, along with a free barbecue.

Standards Panel compliance

I MADE the following statement at tonight's council meeting:

"Mr Mayor, the Standards Panel of the Local Government Association has upheld the appeal of Mr Ian Brown and dismissed the decision of this council's Code of Conduct Panel in relation to his complaint about me. The Standards Panel determined that I should be cautioned and that I should undertake training in my role as a councillor. The Panel also directed that I apologise to Mr Brown for unintentional hurt or embarrassment, and I do so now."

Mayor Martyn Evans has received a copy of the Standards Panel determination and will table it at next month's council meeting, as required by the Local Government Meeting Procedure Regulations.

Last chance to see Santa this year

Willow Court latest

THE Derwent Valley Council's mayor, deputy mayor and general manager yesterday met Premier David Bartlett and Heritage Minister Brian Wightman to discuss future ownership of Willow Court. The council decided earlier this year that it would seek to return the historic site to government ownership. I was one of several councillors who opposed this course of events but we were in the minority.

I am advised that a report on ownership of the site will be presented to state cabinet by July 2011, covering the governance structure which may be like the Port Arthur Historic Site Management Authority. I am also advised that the council and government are to negotiate a series of priority heritage projects to be funded from the $750,000 allocated to Willow Court some years ago.

It has been reported to councillors that "the outcome of the meeting is that the government are still committed to work with council on the transferring of the site to another entity but they still require more time to allow for a final report to be received by cabinet."

UPDATE: This week's Derwent Valley Gazette reports that Heritage Minister Brian Wightman would not be drawn on the specifics of negotiations conducted with the council. He went only so far as to say he and the premier had met the mayor and "reaffirmed our election commitment to look at the future options for the ownership and management of Willow Court. While no conclusion has yet been reached, I look forward to working with the Derwent Valley Council on this issue in the new year," the Gazette reported Mr Wightman saying.

A statement of agreed outcomes would be a useful addition to future meetings between the council and the government.