Lithgow councillor and former mayor Maree Statham has been found in breach of the council’s code of conduct by an independent investigation triggered by a complaint made to the Office of Local Government.
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The Local Government Act requires every council to adopt a code of conduct that includes certain provisions dictated by the Office of Local Government’s Model Code. Councillors who breach the code can be penalised for misconduct.
At the council meeting on Monday night, November 27, Mayor Stephen Lesslie read out the findings of the investigation conducted by Joseph A Dallzel AM.
“Councillor Statham by her own admission states she has engaged in what must be considered inappropriate in her actions in relation to council staff. Such interaction she maintains was necessary due to the discussion of staff bullying by the then general manager Roger Bailey,” Mayor Lesslie read.
“The evidence produced demonstrates a pattern of behavior over a period of time from the 24th of March 2016 to the 31st of October 2016 in which Councillor Statham conducted an ongoing strenuous exercise to obtain information that was not relevant to council functioning and it was not necessary that she should possess such information.”
The findings concluded that Ms Statham had breached two conditions of the Model Code. The first was that councillors must only access council information needed for council business. The second condition dictated that councillors must not engage in inappropriate interactions with staff including councillors approaching staff to discuss individual or operational staff matters other than broader workforce policy issues.
“Prima facie the information sought over the period of time by Councillor Statham was persistent and she utilised various methods that were not, in my opinion, related to ongoing council business,” Mayor Lesslie read.
The findings categorised the breach as “one of a serious nature” that "formed part of a pattern of conduct with a degree of reckless intentional or negligence on part of Councillor Statham”.
In a closed council session on Monday, Lithgow’s councillors voted unanimously to support the recommendations of Mr Dallzel in light of the report’s findings.
Those recommendations included that Cr Statham’s conduct be made public, that she undertake training and education relevant to the conduct, that she be counselled for the breach and that she write an unreserved apology to Roger Bailey and others affected by her conduct by the end of the year.
Ms Statham told the Lithgow Mercury that she intended to appeal the findings.
“At this time I am seeking an appeal of the decision because unfortunately, I didn’t have the opportunity to state the facts and defend myself,” she said.
The council noted that the refusal to comply with the resolution of the council is a serious breach of the code of conduct that can be referred to the Office of Local Government for further action.
The report also recommended council provide induction training for incoming office holders on their obligations under the code of conduct, as well as review policies and procedures in relation to the breach.