Meineke v Acting Chief Executive, Office of Local Government (No 2) [2017] NSWCATOD 14

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Meineke v Acting Chief Executive, Office of Local Government (No 2) [2017] NSWCATOD 14 Hearing dates: On the papers (last submissions received 2 December 2016) Date of orders: 23 January 2017 Decision date: 23 January 2017 Jurisdiction: Occupational Division Before: Dr J Renwick SC, Senior Member Decision: The decision of the Respondent in relation to the Appellant dated 20 April 2016 is confirmed. Catchwords: CIVIL AND ADMINISTRATIVE TRIBUNAL – Local Government Act 1993 – breach of Code of Conduct –– councillor retained to assist a client have his land compulsorily acquired by the Council of which he was a councillor – paid a standard fee rather than a success fee – one of a number of preconditions to this was having the Council designated in the Local Environmental Plan as the acquisition authority – appellant did not absent himself from two meetings and in relation to one meeting made no declaration –– misconduct established – decision of Respondent confirmed Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Local Government Act 1993 (NSW) Category: Principal judgment Parties: Graeme Peter Meineke (Appellant) Acting Chief Executive, Office of Local Government (Respondent) Representation: Counsel: B Tronson (Respondent)

Solicitors: Grahams Solicitors (Appellant) File Number(s): 1620120

REASONS FOR Decision

Introduction 1. This is an appeal by the Appellant, Mr Graeme Peter Meineke, formerly a Councillor with Lismore City Council, as a result of a decision made on 20 April 2016 by the Respondent, the Acting Chief Executive, that he had engaged in misconduct within the meaning of Chapter 14 of the Local Government Act 1993 (the Act); and accordingly, he be suspended for a period of three months from any right to be paid a fee or other remuneration for which he would be entitled; and be reprimanded. In my decision of 14 October 2016 (see [2016] NSWCATOD 135) I found misconduct had occurred. For the reasons which follow (which should be read with my earlier decision), I confirm the penalties imposed by the Respondent on 20 April 2016.