IT was the photograph taken at night showing lights, a lot of black and not much else, that became the alleged “smoking gun” in a code of conduct case against Port Stephens Councillor Geoff Dingle.
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The only problem was the “smoking gun” fired blanks.
The Office of Local Government has told Cr Dingle to ignore Port Stephens Council sanctions against him, and Cr Dingle wants a formal apology, after a review found there was no basis for a damning code of conduct finding that he took photos of a Medowie timber business’s children in response to complaints about the timber business.
Office of Local Government acting chief executive Tim Hurst found there were no grounds for finding Cr Dingle had been “improper and unethical” or was involved in “intimidation and harassment” by taking photos outside the Medowie property in response to complaints the business was operating at night.
Code of conduct investigator Monica Kelly, of Prevention Partners NSW, had “compounded” a “deficiency” in the finding by appearing not to consider evidence supporting Cr Dingle’s argument he had been responding to significant complaints about the timber business.
Mr Hurst rejected Ms Kelly’s finding that Cr Dingle photographing the property on two occasions was “not lawful or honest” and breached council’s code of conduct.
In a letter to Cr Dingle after a review of a council decision in October to sanction him, Mr Hurst found that a “proper consideration of these matters” would have found Cr Dingle’s actions “formed part of the legitimate exercise by you of your functions as a councillor”.
At a meeting on Tuesday Cr Dingle will ask for a formal apology after Mr Hurst wrote to the council in December recommending it rescind its decision, and asking that his review determination be “tabled” at Tuesday’s meeting. Mr Hurst advised Cr Dingle his office would take no action against him if the council didn’t rescind the decision, and Cr Dingle failed to comply with the sanction.
Port Stephens mayor Bruce MacKenzie declined to comment.
