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Council Rejects Need for Further Inquiry and Calls for Unity

Posted on January 23, 2025

Council Rejects Need for Further Inquiry and Calls for Unity
Northern Midlands Council Deputy Mayor, Janet Lambert, has called on all elected Council members to focus on the interests of the community.


“Council has rejected the allegations contained in a motion to council on Monday night,” she said.
“At all times council has acted with propriety and in good faith. It should be noted that this is the second time that the majority of councillors have rejected a similar motion,” she said.


Deputy Mayor Lambert said the council operated with full transparency, and accountability, ensuring that its actions and decisions were made with due diligence.


“Council exists to serve the community. Both the council as a decision-making body and its officers, who provide elected members with the necessary information to make informed decisions, have conducted themselves professionally in all aspects of their work, from day-to-day business to more significant matters,” she said.


“Focusing on allegations like this, risks taking away from the bigger picture of what amazing things this council is achieving. There is an immense amount of positive work happening in our great municipality which people can see for themselves by taking a look at our Annual Report and other documents on our website,” she said.


Deputy Mayor Lambert said matters raised by Councillor McCullagh during Monday’s council meeting had previously been examined by an independent investigator appointed by the Office of Local Government, which found no evidence to support the allegations.


She said the motion confused two distinct issues: the events and legal costs related to a 2023 Code of Conduct complaint against him, and a Supreme Court decision on legal costs arising from defamation action taken by the Mayor and General Manager.


The Deputy Mayor explained that $11,000 in legal costs associated with the 2023 Code of Conduct complaint had been incorrectly categorised in the motion as private legal advice. These costs were later repaid by the Council’s legal counsel, Simmons Wolfhagen.


In a letter to the Council in August 2024, the Acting Director of Local Government provided reasons for dismissing a complaint from Councillor McCullagh that alleged a breach of Section 339A of the Local Government Act.


The letter stated that the investigator found the Mayor and Deputy Mayor “honestly and reasonably believed” that legal advice received from Simmons Wolfhagen indicated the legal fees of $11,000 associated with the preparation of the Code of Conduct complaint should be paid by the Council. The investigator concluded that the allegations against the Mayor and Deputy Mayor were unsupported and that the General Manager had no role in authorising the expenses.


Deputy Mayor Lambert said allegations regarding the destruction or deletion of records were incorrect and that council had simply followed procedures consistent with the Local Government (Meeting Procedures) Regulations 2015 in relation to the recording of closed sessions of council meetings.
Deputy Mayor Lambert said the amounts to be reimbursed to the Council, as directed by the Supreme Court in relation to legal costs for the separate defamation action brought by the Mayor and General Manager against Councillor McCullagh, were still being finalised.


“Ultimately it is up to the Court to assess the amounts that are to be paid by all parties,” she said.
Council, acting in good faith and based on legal advice, had voted to fund the legal costs of the defamation action. However, the Supreme Court ruled that the Local Government Act did not permit the use of Council funds for this purpose. The Northern Midlands Council accepts and acknowledges the Court’s decision.


For further information, please contact Deputy Mayor Janet Lambert on 0418 555643