Local Governement Minister sacks councillors

Local Government Minister Richard Wynne has sacked 3 councillors from the Colac Otway Shire, because they walked out of a council meeting.

This will be of interest to many SOS members, who have asked me why certain councillors aren’t sacked, given the issues – including the possibility of corruption – they have with them.

I believe we should be very careful about sacking an elected representative, otherwise the majority can act against the minority – who may be the ones effectively representing local residents.

But if the Minister IS going to sack council members, it should

  • be on the basis of a open and transparent policy
  • be consistently applied
  • be subject to appeal by the councillor
  • be independent of the political party the councillor is a member of.

Therefor, the email I have just sent Richard Wynne is

Dear Mr Wynne

Given your recent sacking of three councillors from the Colac Otway Shire, could you please tell me

  1. what is your policy on sacking councillors – ie how are you going to decide which ones to sack? Exactly what is the criteria?
  2. what appeal process are you going to put in place, if any, that councillors can access?
  3. are you prepared to sack ALP councillors?

I will post the response up on this web site.

Ian Quick

The media release

Media contact: Fiona Macrae 0412 693 182 or 9651 5799 www.vic.gov.au
Media release From the Minister for Local Government
Friday, 7 December, 2007
THREE COUNCILLORS REMOVED FROM COLAC OTWAY SHIRE
COUNCIL
Local Government Minister Richard Wynne has acted to remove three councillors from the Colac
Otway Shire Council due to their failure to comply with the Local Government Act 1989 and
attend a full “Call of the Council” meeting.
Mr Wynne said the decision was made following a series of actions relating to the councillors’
attendance at meetings of Colac Otway Shire Council in late October.
He said all three councillors had walked out of a special meeting convened as a ‘Call of the
Council’ – a procedure specified by the Act which requires all councillors to attend.
“The three councillors attended the meeting initially, but left the meeting before its conclusion,”
Mr Wynne said.
“Whist I understand that councillors can feel passionate about matters that arise in council
business, the most basic duty of a councillor is to govern and to vote on matters. Unfortunately
the councillors involved did not fulfil that duty and have left me with no alternative but to remove
them.
“If councillors fail to remain at a “Call of the Council” meeting, the council’s Chief Executive
Officer is required by the Act to write to the Minister for Local Government, which was done.
“In response, as also required by the Act, I wrote to each of the three councillors involved and
asked them to show cause why I should not make an order that they are incapable of remaining
a councillor.
“After considering each response, I have decided that their reasons for walking out of the
meeting were not satisfactory and therefore I have made orders under the Local Government
Act 1989 that they are incapable of remaining councillors of the Colac Otway Shire.”
The three councillors are Councillors Stuart Hart, Brian Crook and Geoffrey Higgins.
Mr Wynne said the orders, under Section 85(6) of the Local Government Act 1989, come into
effect on Friday 7 December 2007.
“As these three councillors were elected using proportional representation, the vacancies will be
filled using a count-back process. The vacant positions will be offered to the next remaining
candidates from the last election who will be automatically elected.
“In the event that one of the eligible candidates chooses not to accept election, a by-election
would be required within 100 days.
“Once the councillors have been replaced, the council will resume normal duties.”