Inquiry call

By JONATHON HOWARD

INTENSE scrutiny of Tenterfield Shire Council during the past month has led to calls for an independent administrator to help cut through the spin – and which could result in the council being suspended.
Former Tenterfield Shire councillor and concerned resident, Lawrie West, said the only way to improve the council’s ailing reputation was to appoint an independent administrator to investigate the council internally.
Mr West quoted the need to implement the NSW Local Government Act 1993 – Sect 438W.
This specifies suspension of council during a public inquiry and that the Minister may, by order published, suspend a council if it is deemed in the public interest.
“The Act has been designed and written for such a circumstance with the current council and there’s never been a better time to use it,” he said.
“This has gone on long enough.
“There has been too much speculation, spin and questions around this council, including the handling of the council’s shrinking budget.
“An independent administrator is the only way I can see to go forward and to bring accountability back to Tenterfield Shire Council, as well as providing the community with honesty and integrity into the future.”
Mr West’s comments were made after Tenterfield Shire Council axed the Department of Corporate Services last week.
Several directors have also resigned from their respective positions, although allegations that these directors left under duress were unfounded.
According to a council press release, the restructure was in response to the ongoing evolution of the role local government played in the provision of services, and the increased focus on self-sufficiency, innovation and long-term planning.
“Tenterfield Shire Council has continued with the structural reform commenced in mid-2013,” it read.
“The changes provide a streamlined senior management team with two directorates instead of three, and a new position of executive manager reporting directly to the general manager (Lotta Jackson).”
Former Tenterfield Shire councillor of 14 years (1995 to 2005), Phil Yates, said the Local Government Act sections 740 and/or 430 were also relevant alternatives to Sect 438W.
Mr Yates has been a fierce campaigner for accountability and transparency of the council since taking office in the 1990s and he feels the community is being led astray.
“If serious breakdowns occur in council operations, the Local Government Act 1993 provides two significant intervention mechanisms – section 430 investigations and section 740 public inquiries,” he said.
Under section 430, the Local Government Department has the power to carry out investigations into council operations.
This power is generally only used if the consequences of a council’s conduct are having a serious impact on the local community.
Under section 740, the Minister for Local Government has the power to appoint a commissioner to conduct a public inquiry into a council.
The Minister may order a section 740 inquiry at any time or as a result of a recommendation in a section 430 investigation.
Public inquiries are essential if a council becomes dysfunctional or inoperable through alleged maladministration, alleged corruption or some other reason.
After the inquiry process, the Minister may appoint an administrator.
The Free Times attempted to contact State Member for Northern Tablelands, Adam Marshall, for comment, but he was unavailable before the time of print.
Have your say: Do you feel the Tenterfield Shire Council could benefit from an independent administrator? Email the Southern Free Times: newsdesk@freetimes.com.au