Office of Local Government v Petty [2015] NSWCATOD 46

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Office of Local Government v Petty [2015] NSWCATOD 46 Hearing dates: 30 April 2015 Decision date: 18 May 2015 Before: G Mullane ADCJ, Principal Member Decision: 1. Councillor Gregory Alan Petty is reprimanded.

2. Councillor Petty's right to be paid any fee or other remuneration to which the Councillor would otherwise be entitled as the holder of civic office is suspended for a period of 3 months from 25 May 2015. Catchwords: Local Government Councillor – discipline - pecuniary interest in matter- disclosed interest but participated in debate and voted Legislation Cited: Local Government Act 1993 Cases Cited: Mehajar v The Chief Executive of the Office of Local Government [2014] NSWSC 1804; Category: Principal judgment Parties: Office of Local Government (Applicant) Gregory Alan Petty (Respondent) Representation: Solicitors: Office of Local Government (Applicant) R&B Lawyers (Respondent) File Number(s): 1420341

Judgment

INTRODUCTION 1. The Respondent is a Councillor of the Wollongong City Council. On 29 July 2013, the Council held an Extraordinary Meeting to consider proposals of Council's staff for rezoning various land at Helensburgh and of Stanwell Tops. Item 8 on the Agenda related to property known as 159 to 169 Walker Street, Helensburgh, "the Blackwells", situated across the road and in close proximity to the home of the Respondent owned by him and his wife and known as 130 Walker Street Helensburgh. Item 8 was a recommendation of Council staff to rezone the Blackwells property (currently zoned E3 Environmental Management), so that about one quarter of the property, being the piece adjacent to the roadway, was to be rezoned to IN2 Light Industrial and the remainder of the property would be zoned "E2 Environmental Conservation". The Respondent was opposed to the zoning of Light Industrial. 2. The Respondent attended the Council meeting when Item 8 was considered and decided. He spoke and argued against the proposal. He voted against the proposal. It was carried. 3. Numerous complaints about Councillor Petty's conduct of participating in the debate and voting, were received by the Council and the General Manager referred those complaints to the Office of Local Government. 4. An investigation was undertaken at the request of the Director–General of the Office of Local Government. That was prepared by the Acting Chief Executive Officer of the Office of Local Government, Mr Steve Orr and was issued on 3 November 2014. 5. The report was provided to the Tribunal on 14 November 2014. The Tribunal determined that having considered the report the Tribunal would conduct proceedings into the complaint as particularised in the report. The matter was listed to make directions for the hearing of the matter. 6. The Directions Hearing was adjourned on 10 December as Mr Barley for the Office of Local Government was awaiting instructions. At the Directions Hearing on Tuesday 16 December, it was agreed that the matter would not require a hearing and could proceed as a hearing "on the papers". Directions were made for written submissions to be filed by the Office of Local Government by the 23rd of January, the Respondent to file any further evidence or submissions by the 13th of February, and the Office of Local Government to file any submissions in reply by the 27th of February and "each party has leave to re-list the matter on two working days' notice." There was a direction that the matter would be decided on the papers unless the Tribunal directed otherwise. 7. The submissions for the Office of Local Government were filed on 23rd January 2015. The submissions in reply by the solicitors for the respondent were filed. The Office of Local Government responded with lengthy submissions filed on 3 March 2015. The solicitors for the Respondent then replied to those submissions with further submissions on 9 March 2015.