Conflict panel was 'conflicted', says resident

A Peninsula resident has called for an independent review of her conflict of interest complaint at Gosford Council, claiming that the council's current complaints panel itself suffered a conflict of interest.

Woy Woy Bay resident Ms Margaret Lund had claimed that Cr Trevor Drake had breached council's code of conduct by being present in council chambers during discussions involving a business he had represented as a solicitor.

Her complaint was assessed by a panel consisting of then mayor Cr Laurie Maher, general manager Mr Peter Wilson and independent panel member Mr Peter Reynolds.

Despite finding that Cr Drake had been present during discussions on seven different occasions on matters involving his client, the panel cleared Cr Drake of any conduct breach.

Ms Lund said she could not accept the panel's conclusion.

She said it was "flawed" as the committee could "in no way be considered independent".

She said that Mr Wilson as the general manager and Cr Maher as the then mayor "were conflicted, by having an actual or potential non-pecuniary conflict of interest".

Ms Lund stated that they "both work with one another and with other members of the Council".

"Therefore any adverse findings against Cr Drake could result in him taking an antagonistic or unsupportive attitude towards the former mayor and the general manager.

"In addition, other councillors might withdraw their support for either the general manager or the former mayor, or both, if they felt that they might in the future also be adversely assessed, if any further conflicts of interest were reported to council."

Ms Lund said that the Mr Wilson and Cr Maher would also have feelings of loyalty to other councillors and the whole council organisation and as such would "find it impossible" to act in an objective or independent way when dealing with such a complaint.

Ms Lund also noted that the conclusion which the council's Code of Conduct panel reached contradicted the evidence which was accepted.

"I understand that members of this committee all agreed that Cr Drake was present and participated in discussions about matters concerning his clients and their company on at least seven occasions and at no time advised of his position as their solicitor, not even that he had a non-pecuniary interest in these matters," Ms Lund said.

"These all concerned contentious development applications."

Ms Lund said that Cr Drake only advised of his position as a solicitor for his clients after receipt of my complaint.

"Only then are we to presume that Council found out that he had been acting for them since 2005.

"Council's committee found it quite appropriate for such a matter not to be declared as a non-pecuniary interest."

Ms Lund quoted from council's code of conduct that officers must not place themselves under any financial or other obligation to any individual or organization that might reasonably be thought to influence them in the performance of their duties.

It also stated that officers must not act in order to gain benefits for themselves, their family, friends or business interests.

It further stated that "honesty is to be demonstrated by ... fully disclosing actual and potential conflict of interest".

"Surely these recommendations state the matter very clearly, so that any reasonable person may understand just what constitutes a 'conflict of interest'," Ms Lund said.

"This is a moral and ethical issue and these codes are devised in order to avoid corruption of the system and the loss of public confidence in local government."

Ms Lund said council should institute a "truly independent review of the panel's decision".

Email, 5 Dec 2007 Margaret Lund