Lithgow City Councillor and mayoral candidate Martin Ticehurst has been found in breach of the Local Government Act after a lengthy decision period by the NSW Civil and Administrative Tribunal.
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The decision was released today just ahead of the extra ordinary council meeting tomorrow night where Lithgow’s mayor and deputy mayor will be decided.
The breach means Cr Ticehurst now has 21 days to respond to the decision with the Office of Local Government given another 14 days to consider Cr Ticehurst’s response with NCAT then determining the penalty.
NCAT’s has handed down its decision after more than three months have lapsed since the tribunal’s hearing on June 16.
NSW Minister for Local Government Paul Toole would only comment on procedure and the legislation that the breach is under including that Mr Ticehurst will be able to act in his position as a councillor until a punishment is determined.
“If a councillor is suspended on three occasions they will be automatically disqualified from civic office for five years.”
If Ticehurst is disqualified the only option is a by-election to be held within three months.
NCAT found Mr Ticehurst in breach of the code of conduct six times in relation to calling Mayor Maree Statham a “bitch”, intimidating and harassing a member of the public in the vicinity of a council meeting, sending offensive emails and failing to apologise.
The meeting where Cr Ticehurst was found on the evidence at the hearing to have called Mayor Statham a bitch dates back to a Council meeting on October 27, 2014.
The decision states that Cr Ticehurst denies the six code of conduct instances.
For more details from the hearing go to https://www.caselaw.nsw.gov.au/decision/57e4bcf6e4b058596cb9fdba.