Port Stephens Council Executive Officer Threatens Councillors with Code of Conduct Reports Should
They Take Legitimate Interest in Judicial Proceedings,10.03.2017
The blanket notice arrived in all Councillor email boxes today and the message was clear: Don’t get involved, or you’ll see a Code of Conduct against you; this is an operational matter which precludes your involvement.
However, Councillors are easily intimidated by this threat of reprisal primarily when they have not properly informed themselves there is no such term or euphemism relating to ‘operational matter’ in the Local Government Act 1993.
Councillors are routinely called up to represent issues of concern from members of their respective community, and today’s order came as a surprise to each and every one.
The notice was motivated by the current cases of Telina Webb and her husband Paul McEwan in proceedings within the NSW Civil & Administrative Tribunal, (NCAT) where they sought formal review of Council’s access to information decisions.
Webb and McEwan had experienced a Development Application which went horribly wrong, was mismanaged, denying due Council process and which eventually saw them having to sell their dream home the result of incurred legal costs.
Council had refused them access to the FREE Council forum, redirecting them to the Land & Environment Court which caused significant avoidable fees.
Webb and McEwan sold their home in 2013 but their questions about Council’s conduct remain.
They had contacted several Councillors for support and expected their interest and attendance at the NCAT hearing. Some Councillors had responded very positively and rumours of their assistance had reached the ears of Council’s Executive Officer Tony Wickham, who also occupies the parallel role of Code of Conduct Coordinator. Tony Wickham was clearly not happy and put his threat in writing to document and formalise his intention. Webb and McEwan are hoping Councillors will show courage and attend the hearing as they are unrepresented. Tony Wickham’s formal notice to Councillors reads: NSW Civil and Administrative Tribunal (NCAT) – Telina Webb v PSC and Paul McEwan v PSC As Council is aware, the above nominated parties have brought matters before NCAT with respect to accessing information applications. As this matter is before a Tribunal it is important that no elected councillors become involved in the matter. It has come to our attention that a Port Stephens Councillorhas been offering advice to the parties listed above. This action by a councillor is seen as sub-judice and as such could be seen as a breach of the Code of Conduct. Councillors are reminded of their obligations under the Code of Conduct, and that the matter before NCAT is an operational matter – therefore councillors should not involve themselves in such matters. For further information contact Tony Wickham on 4980 0187 or tony.wickham@portstephens.nsw.gov.au.
“This guy Wickham is all about controlling the narrative. His threat to Councillors shows he’s a bully. He is implicated in these proceedings because he personally issued Re-Determinations on those access application decisions we've now brought to the Tribunal. These access applications concern open access information mandated for release free of charge; Council has not released them and has imposed significant charges. Wickham’s front and centre in all this and he doesn't disclose to the Councillors that the subject information is mandated for release," stated Telina Webb. "I am representing myself and my husband, which means I get the pleasure of cross-examining him. Of highest importance to us is this ongoing claim of a risk of harm under the GIPA Act 2009 Section 14 Table 3(f). Yes, we’ve been through that horrendous development application process with this agency, yes it cost us a great deal of money, and yes we have rightfully and expectantly defended ourselves. But we have NEVER acted in any way that qualifies reliance on that abhorrent clause. Council has not shown us a single piece of evidence, because they don’t have any. Wickham’s threat towards Councillors doing their job shows it is he who poses the threat, nobody else. There’s a lot more going on here than has been exposed to date, a lot more. Eventually it will all come out, it always does.”
Contact: Tony Wickham: Tony.wickham@portstephens.nsw.gov.au
However, Councillors are easily intimidated by this threat of reprisal primarily when they have not properly informed themselves there is no such term or euphemism relating to ‘operational matter’ in the Local Government Act 1993.
Councillors are routinely called up to represent issues of concern from members of their respective community, and today’s order came as a surprise to each and every one.
The notice was motivated by the current cases of Telina Webb and her husband Paul McEwan in proceedings within the NSW Civil & Administrative Tribunal, (NCAT) where they sought formal review of Council’s access to information decisions.
Webb and McEwan had experienced a Development Application which went horribly wrong, was mismanaged, denying due Council process and which eventually saw them having to sell their dream home the result of incurred legal costs.
Council had refused them access to the FREE Council forum, redirecting them to the Land & Environment Court which caused significant avoidable fees.
Webb and McEwan sold their home in 2013 but their questions about Council’s conduct remain.
They had contacted several Councillors for support and expected their interest and attendance at the NCAT hearing. Some Councillors had responded very positively and rumours of their assistance had reached the ears of Council’s Executive Officer Tony Wickham, who also occupies the parallel role of Code of Conduct Coordinator. Tony Wickham was clearly not happy and put his threat in writing to document and formalise his intention. Webb and McEwan are hoping Councillors will show courage and attend the hearing as they are unrepresented. Tony Wickham’s formal notice to Councillors reads: NSW Civil and Administrative Tribunal (NCAT) – Telina Webb v PSC and Paul McEwan v PSC As Council is aware, the above nominated parties have brought matters before NCAT with respect to accessing information applications. As this matter is before a Tribunal it is important that no elected councillors become involved in the matter. It has come to our attention that a Port Stephens Councillorhas been offering advice to the parties listed above. This action by a councillor is seen as sub-judice and as such could be seen as a breach of the Code of Conduct. Councillors are reminded of their obligations under the Code of Conduct, and that the matter before NCAT is an operational matter – therefore councillors should not involve themselves in such matters. For further information contact Tony Wickham on 4980 0187 or tony.wickham@portstephens.nsw.gov.au.
“This guy Wickham is all about controlling the narrative. His threat to Councillors shows he’s a bully. He is implicated in these proceedings because he personally issued Re-Determinations on those access application decisions we've now brought to the Tribunal. These access applications concern open access information mandated for release free of charge; Council has not released them and has imposed significant charges. Wickham’s front and centre in all this and he doesn't disclose to the Councillors that the subject information is mandated for release," stated Telina Webb. "I am representing myself and my husband, which means I get the pleasure of cross-examining him. Of highest importance to us is this ongoing claim of a risk of harm under the GIPA Act 2009 Section 14 Table 3(f). Yes, we’ve been through that horrendous development application process with this agency, yes it cost us a great deal of money, and yes we have rightfully and expectantly defended ourselves. But we have NEVER acted in any way that qualifies reliance on that abhorrent clause. Council has not shown us a single piece of evidence, because they don’t have any. Wickham’s threat towards Councillors doing their job shows it is he who poses the threat, nobody else. There’s a lot more going on here than has been exposed to date, a lot more. Eventually it will all come out, it always does.”
Contact: Tony Wickham: Tony.wickham@portstephens.nsw.gov.au