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Councillor Peter Cox has been ordered to apologise to two of his colleagues after an independent panel’s finding of misconduct against him was made public tonight.
The independent panel’s finding – tabled at tonight’s City of Greater Bendigo meeting – reprimanded Cr Cox for his conduct towards councillors Elise Chapman and Helen Leach during his tenure as mayor last year.
“The panel has determined that the actions of councillor Peter Cox constitute misconduct within the meaning of section 81a of the Local Government Act 1989,” the findings read.
“The panel therefore reprimands Cr Cox… and directs him to provide a written apology to Cr Elise Chapman and Cr Helen Leach.”
As the item was a procedural motion, there was no discussion amongst councillors nor elaboration of those findings tonight – the entire process took just over a minute. It came at a cost of about $11,500 – bringing the total cost to council this financial year for conduct-related matters to about $30,000.
Cr Leach was absent from last night’s meeting but told the Bendigo Advertiser the finding was vindication.
“I have been vindicated and, I suggest, so has Cr Chapman - can you put a price on the pursuit of justice?”
- Councillor Helen Leach
Immediately following, all councillors present – excluding Cr Chapman – voted to adopt an internal dispute resolution process to comply with changes to the act.
Cr Cox became the fourth Bendigo councillor in the last three years to have a finding of misconduct delivered against him by an independent panel tonight – but it may mark the end of an era of public infighting in local government.
Immediately after the panel’s finding was tabled, six of nine councillors voted to adopt an internal dispute resolution process in a bid to prevent “frivolous, vindictive, vexatious or unsubstantiated” allegations of misconduct.
Cr Chapman voted against the proposal and councillors Leach and Lisa Ruffell were absent.
The move was designed to comply with amendments to the Local Government Act which came into effect this month and will apply when a councillor or group of councillors allege a breach of that code by one of their colleagues.
In such a case, instead of going to a councillor conduct panel, the matter would first be handled by a principal conduct officer, who would arrange formal mediation between the councillors.
Councillor James Williams spoke strongly in favour of the changes at tonight’s City of Greater Bendigo meeting.
“I welcome this, I think it gives us another option rather than just running off to the panel all the time,” Cr Williams said.
However, councillor Helen Leach told the Bendigo Advertiser the conduct panels of the last three years were justified.
“The three panels I was involved in initiating all came to decisions of misconduct – so I don't think that they could have been described as 'vexatious' or 'vindictive' or trivial,” Cr Leach said.
The city’s executive services manager Peter Davies said the process would likely reduce the costs and time-frame of the process “considerably” if disputes were resolved by an internal mediator.
“If the matter is not resolved through an arbiter and council imposed sanctions, the process could take longer and be more costly, with the overall package of measures introduced by the state government, it is likely that costs associated with breaches of the code of conduct will be reduced,” he wrote in the council report accompanying the item.
Other measures included in the overall package of reform to the act include giving the local government minister the power to stand down an individual councillor and six-month-suspensions .