Clarence Valley Council has unanimously backed a call for an independent investigation into its governance, administration, operations and financial management dating back to 1 January 2022.
All nine councillors voted in favour of asking the NSW Minister for Local Government and the Office of Local Government to undertake the investigation during an Extraordinary Council Meeting on Thursday 1 October.
Council’s official meeting outcome says the proposed investigation would seek to establish the facts, assess whether any problems are systemic, identify improvements and determine what Council must do to restore community confidence.
The motion was moved by Deputy Mayor Cr Cristie Yager and asks for an investigation principally covering the period from 1 January 2022 to the present, while allowing earlier matters to be examined where necessary to establish their origin or context.
The request follows a period of significant upheaval within Clarence Valley Council. The motion states that concerns and complaints relating to governance, workplace practices, recruitment and financial management have been raised over a number of years, with the September mayoral election and termination of the former General Manager’s contract bringing those concerns into sharper focus.
Importantly, the motion does not make findings that any allegations or concerns are true. Council’s report acknowledges that the existence of a complaint does not establish an allegation as fact, but says the persistence and breadth of matters raised warrant examination.
If an investigation proceeds, the proposed scope would be extensive. It includes governance and statutory compliance, executive decision-making, implementation of Council resolutions, workplace culture, recruitment and promotion practices, financial management, procurement, contracting, reserves and asset management.
It would also consider record keeping and transparency, councillor access to information, complaints and Public Interest Disclosures, internal audit and risk management, fraud and corruption controls, and Council’s use of legal, consultancy and other external services.
The motion calls for any investigation to be independent of Council management and its internal governance and assurance functions. It also seeks the preservation of relevant records and protections for procedural fairness, confidentiality, privacy, legal professional privilege and Public Interest Disclosures.
Findings and recommendations would be requested to be made publicly available to the fullest extent permitted by law.
Speaking to the motion, Cr Yager said Council had been through a disruptive period and had a significant job ahead in relation to the community.
She said the motion identified matters she believed should be examined and asked the Minister and Office of Local Government to seriously consider an investigation so Council could “get some clear air and move forward”.
Cr Greg Clancy spoke in support, saying some concerns raised may ultimately be found not to be issues, while others could require action.
“We do have to be open and transparent,” Cr Clancy said, adding that the process could help Council establish what had occurred and move forward.
While no councillor spoke against the motion and all nine ultimately voted in favour, the debate was not without reservations.
Cr Ray Smith questioned the potential timeframe and cost to ratepayers. He also raised concerns about how a decision not to support the investigation could be perceived by the community.
“If you don’t support it, you’re going to be perceived as having something to hide,” Cr Smith said, describing that as an “unfortunate perception”.
Despite those concerns, Cr Smith said he was “fully in support of the motion”.
Mayor Peter Johnstone also supported the motion but questioned whether seeking an external investigation risked councillors handing some of their own oversight responsibilities to another body.
“It’s concerning to me that we are effectively abdicating that,” Mayor Johnstone said.
He nevertheless confirmed he would support the motion and said councillors needed to ensure they were fulfilling their responsibilities as the governing body.
Cr Yager responded that the motion did not set a timeframe because it was asking the Minister and Office of Local Government to consider an investigation and determine the appropriate mechanism.
She said there would not necessarily be an immediate cost to Council, although staff and potentially legal costs could arise if an investigation proceeded.
Before the vote, Cr Yager said the intention was not to tear anything down, but to clear the air and provide a stable foundation for Council’s new leadership.
The motion was carried unanimously, with no votes against.
What happens next?
Clarence Valley Council will now write to the NSW Minister for Local Government for consideration.
The unanimous vote does not mean an investigation has commenced. The Minister and Office of Local Government will consider Council’s request and determine whether an investigation will proceed and, if so, the appropriate mechanism.
