There was a Code of Conduct matter on the agenda during yesterday's Lismore City Council meeting. As is usually the case, the matter is dealt with in confidential.

This means the media and the public do not know why the Code of Conduct was lodged. We do, however, discover the results of the Code of Conduct when the mayor reads out the findings before ending the meeting.

Not that the person involved was hidden during yesterday's meeting, as Councillor (Cr) Big Rob mentioned he was the person with the Code of Conduct.

Mayor Steve Krieg read that:

1. Councillor Rob be formally censured for the breaches under section 440G of the Local Government Act 1993.
2. The matter be referred to the Office of Local Government for further action under the misconduct provisions of the Local Government Act 1993.

The voting was unanimous from those councillors present (Battista, Bing Gordon, Guise, Jensen, Knight-Smith, Krieg and Waters), with Crs Dalton-Earls, Hall, and Rob not present.

On his Facebook page Official Big Rob, he posted "Another censure to add to the collection, and a considerable cost to ratepayers as attempts to control me using a very broken process continue." The results were then printed under the comment.

Cr Rob was also censured in June 2023.

What does 'formally censured' mean for a councillor?

In its current form, not much. It is usually a written formal reprimand by council, so a rap over the knuckles asking the councillor to refrain from further actions.

Any further disciplinary action, such as undergoing training or other education, counselling or making an apology, is open to be challenged following a Supreme Court ruling in September 2019 in Cornish versus Secretary.

The Supreme Court commented that, notwithstanding the penalties available to councils for code of conduct breaches by councillors under the Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW (the Procedures), the only disciplinary power available to councils under the Local Government Act 1993 for code of conduct breaches by councillors, is the power to formally censure conferred under section 440G (a council may by resolution at a meeting formally censure a councillor for misconduct. (3) A council may pass a formal censure resolution only if it is satisfied that the councillor has engaged in misconduct on one or more occasions.)

The Supreme Court’s decision makes it clear that it remains open to general managers and conduct reviewers/investigators to informally resolve code of conduct complaints against councillors by alternative means such as explanation, counselling, training, mediation, informal discussion, negotiation, a voluntary apology or an undertaking not to repeat offending behaviour.

Continued breaches of the Code of Conduct would be reported to the Office of Local Government, which could result in more severe penalties such as suspension from office for a period of time or suspension of pay.

How many more breaches of the councillor's Code of Conduct will Cr Rob need to be lodged and agreed upon before a pattern is formed and a severe penalty is administered?

On September 5, a Councillor Conduct Framework Discussion Paper was announced by Minister for Local Government Ron Hoenig as the government overhauls the outdated and toothless system.

Some potential changes include complaints about conflicts of interest would be made directly to the Office of Local Government (OLG), and complaints about misbehaviour would be made directly to a Local Government Privileges Committee.

The proposed framework would also give mayors greater powers to sanction councillors for acts of disorder during meetings, but significant sanctions (such as suspension, financial penalties or disqualification) will only be made by an appropriate tribunal (such as NCAT).

A copy of the Councillor Conduct Framework Discussion Paper and more details on the consultation process can be found on the Office of Local Government Website.

There is only two more days to give feedback on the discussion paper, as the deadline is 15 November.