Council clears Drake of conduct breach

Gosford Council has cleared Cr Trevor Drake of a breach of the code of conduct following an allegation from Woy Woy Bay resident Ms Margaret Lund.

A report from council stated that its Conduct Committee met on July 13 to consider the allegations and review the relevant documentation.

The committee consisted of mayor Cr Laurie Maher, Council's general manager Mr Peter Wilson and independent panel member Mr Peter Reynolds.

The report stated that: "The Conduct Committee found that, on the available facts, there was no evidence of actual influence and the committee considered a reasonable person would not perceive that Cr Drake could be influenced by the actions he undertook on behalf of the company (Wales and Associates) concerned."

Council resolved that there was no evidence to substantiate the allegations of a conflict of interest or other breaches of the code of conduct by Cr Drake.

The allegation involved Cr Drake acting in his role as a solicitor.

As part of investigations, council conducted a search of development applications involving Wales and Associates since the election of Cr Drake and discussions with the councillor about the allegations.

Ms Lund also provided council with a letter from TH Drake & Associates regarding the company concerned.

The investigation showed that Cr Drake was present in the council chambers during development application discussions regarding the company on seven occasions, from February 2005 to December 2006, without disclosing any pecuniary interest.

The Conduct Committee stated that they found that on the available facts there was "no evidence of actual influence".

Council agenda GEN.5, 28 Aug 2007