Moree Plains Shire Council looks set to avoid suspension, with Local Government Minister Ron Hoenig shifting tack to a plan that would keep councillors in their seats but put their behaviour under the microscope.
Hoenig warned the council last month he was considering suspending it for three months over serious concerns about the conduct of council meetings, the repeated involvement of NSW Police in keeping order, and an apparent breakdown in working relationships between councillors.
Now, in a letter received on Tuesday, 10 November, he has instead proposed a draft Performance Improvement Order, giving the council 14 days to respond.
“This is really pleasing news from the Minister, and I’d like to thank my fellow councillors for coming together and providing unanimous support for the submission,” said Moree Plains Shire Mayor Susannah Pearse.
“Our submission has clearly demonstrated to the Minister that whilst we accept there have been challenges, we have maintained effective oversight and delivery, meaning suspension is not warranted.”
“We are grateful that the Minister has effectively endorsed and further strengthened our proposed Improvement Plan which consists of further training and development for all councillors.”
The council was first notified on Thursday, 22 October that Hoenig was considering using his powers under section 438I of the Local Government Act 1993 (NSW) to suspend it.
Mayor Pearse and McGrady called an extraordinary council meeting, held on Monday, 2 November, where councillors unanimously agreed to propose an improvement plan in place of the suspension.
That plan included mediation and training for all councillors and a request for the Minister to appoint a temporary adviser. Councillors also gave a good conduct undertaking, affirming their intention to abide by the plan.
The draft order incorporates those proposals and sets out a six-month framework for improvement, accountability, and ongoing monitoring in the council chamber.
Under the order, councillors will work with a temporary adviser appointed by the Minister. The nominated advisor is Linda Scott, a former president of the Australian Local Government Association who is widely respected across the local government sector. Ms Scott will attend council meetings to observe behaviour and provide direct and immediate advice to the chair on meeting procedures and dealing with disorder. She will report independently to the Minister on councillor participation and how the improvement plan is being put into action.
Moree Plains Shire Councillors will also undertake extra training on meeting procedures and the code of conduct, managing disorder and dissent, complying with expulsion orders, and practices that support respectful and productive debate.
Minister Hoenig has been explicit in his letter, setting clear expectations for behaviour in the chamber, including zero tolerance for abusive or offensive language, threats, and unfavourable personal remarks about other council officials, a feature common in recent meetings. Councillors are also expected not to interject or speak over others while they have the floor.
The council will also provide three compliance reports to the Office of Local Government over the six months, including updates on steps taken to strengthen behaviour under the Code of Conduct and Code of Meeting Practice.
Councillors will consider and endorse a response to the draft order at the Ordinary Council Meeting on Thursday, 19 November.
Pearse said the council viewed the draft order as an opportunity to rebuild confidence in the council.
“None of the requirements in the draft Performance Improvement Order are particularly onerous, they largely reflect good governance and collective commitment to basic minimum standards,” she said.
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