Weddin Shire Councillor Michelle Cook has been censured following an independent investigation and a vote of Councillors at the August ordinary meeting last week.
Cr Cook was facing the Code of Conduct breach following two expense claims she submitted relating to legal costs, the investigator recommended to Council that Cr Cook be censured for the Code of Conduct breach and the matter be referred to the Office of Local Government for further action.
"At the Ordinary Council Meeting of 15 August 2024, Weddin Shire Council considered a Final Investigation Report of a Code of Conduct Complaint and breaches by Cr Michelle Cook," Mayor Craig Bembrick said.
"The outcome of the report considered, saw Council officially and formally censuring Cr Cook in relation to the breach of Code of Conduct relating to the lodgement of two Councillor Expense Claim Forms."
Councils can formally censure Councillors for misconduct under section 440G of the Local Government Act 1993. Censuring is used as a form of discipline for Councillors who breach Codes of Conduct or behaviour.
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In NSW Local Government Areas any complaints in regards to breaches, code of conduct matters etc are required to be investigated and managed in accordance with the Procedures for the administration of the Code of Conduct.
"Accordingly, Council appointed an independent investigator," Mayor Bembrick said.
"The Procedures for the administration of the Code of Conduct prevents disclosure of the details of Code of Conduct matters.
"In accordance with the resolution the matter will be referred to the Office of Local Government for further action."
The first part of the recommendation that was provided to Council recommended that Council note and consider Cr Cook's submission in response to the final report that was given.
The second recommendation was under the Local Government Act and in accordance with Procedures for the Administration of the Model Code of Conduct Council 'officially and formally censure Councillor Michelle Cook for conduct in relation to the lodgement of two (2) Councillor Expense Claim Forms, the first being on 13 January 2023 and the second on 25 September 2023, seeking the reimbursement of legal fees, which were found to be in contravention' of clauses within the Code of Conduct as determined by the independent investigator.
"The independent investigator found that the Councillor Expense Claim forms were lodged by Cr Cook, and Cr Cook made demands for the payment of her legal fees with the threat of taking legal action against Council, despite (i) not having obtained a Council resolution prior to the said legal fees being incurred in accordance with section 8 of Councils Councillor Expenses and Facilities Policy; (ii) having been previously advised that the process pursuant to Councils Councillor Expenses and Facilities Policy had not been followed; and iii. some of the amounts quoted for reimbursement being purported to be for legal costs incurred with respect to a Code of Conduct Complaint yet were incurred apparently for other matters," the Council resolution read.
"The independent investigator found that Councillor Cook's actions were overbearing, threatening, misleading and deceptive in light of her insistent demands and forceful and misleading approaches to the General Manager and the Mayor regarding recovery of her legal fees."
The third recommendation was to refer the matter to the Office of Local Government 'for further action under the misconduct provisions of the Local Government Act 1993.'
The recommendation was carried with Cr Bembrick, Cr Best, Cr Kenah, Cr Howell, Cr McKellar and Cr Frame voting for the motion and Cr Diprose voting against it.
Cr Parlett abstained as she declared a conflict of interest as a witness mentioned in the statement at the beginning of the meeting.
"Councillors, I would like to remind everybody that conflicts shouldn't be used as a way to get out of voting," Mayor Bembrick said at the start of the meeting. "It is not acceptable."
Cr Cook requested a leave of absence from the meeting which was not accepted by the Council.
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