PORT Stephens mayor Ryan Palmer has declined to say if he will apologise to a councillor escorted by police from a meeting after "disorderly conduct" defined by Cr Palmer as "pulling faces and making smart arse remarks".
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An apology was "up to myself", Cr Palmer said after the Office of Local Government ruled Port Stephens Council and Cr Palmer breached the Local Government Act, the Local Government Regulation and the council's code of meeting practice by expelling councillor Giacomo Arnott on December 10 and calling police to escort him from the building.
OLG deputy secretary Tim Hurst backed Cr Arnott's view on the night that he was denied the right to apologise or respond to Cr Palmer's allegation that he engaged in "disorderly conduct", which Cr Palmer defined as "pulling faces" and "making smart arse remarks".
After viewing the council's webcast and reading the meeting minutes Mr Hurst also backed Cr Arnott's position that he had not been disorderly in questioning Cr Palmer over the procedural matter that led to his expulsion.
Under the Local Government Regulation acts of disorder include assaulting or threatening a person, moving a motion with an unlawful purpose, imputing improper motives to another councillor or saying or doing anything to bring the council into contempt.
The power to expel a councillor only arises if the councillor fails to comply with a requirement of the chairperson, in this case Cr Palmer, under a section of the Local Government Regulation.
"This appears not to have occurred in relation to the expulsion of Cr Arnott," Mr Hurst said.
Mr Hurst has written to Port Stephens Council to "provide guidance" to council senior staff, Cr Palmer and councillors about requirements under the Act, Regulation and council's code of meeting practice in an unusually rapid response to complaints by Cr Arnott and Port Stephens MP Kate Washington.
Cr Arnott called on Cr Palmer to apologise and ensure council's records of the meeting are corrected to reflect the OLG determination.
"This was an illegal expulsion. I tried to make that clear on the night but the mayor wouldn't even let me speak to defend myself," Cr Arnott said.
Ms Washington said Cr Palmer "can't silence people just because he doesn't like what they're saying".
