A push to reverse a decision rejecting a 51-lot Jamberoo development is believed to be the trigger for the public censuring of a Kiama councillor.
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At the July 18 meeting Cr Mark Croxford was censured for "conduct that amounts to engaging in intimidation".
The Mercury has been told the complaint of "intimidation" did not come from one of the councillors.
The decision was made in a confidential session, where five councillors supported the censure, including Labor councillors Imogen Draisma and Stuart Larkins, along with Greens councillors Jodi Keast and Kathy Rice.
Cr Karen Renkema-Lang also voted in favour of the move getting it across the line 5-3.
The alleged intimidation occurred at the March 21 meeting during a discussion of a rescission motion calling on council to reverse a refusal of a development application for a site in Golden Valley Way, Jamberoo.
In that discussion Cr Croxford noted the developer had flagged plans to take the council to the Land and Environment Court if the development was rejected.
If the developer's court case was successful, Cr Croxford said he would call on the state planning department to use the "surcharge provisions" against councillors opposing the recission motion.
That would mean councillors, rather than the council, would foot the legal expenses of the court case.
"The surcharge provisions of the NSW Local Government Act are used when there's been a violation of the act or any regulation where has led to a loss for the council due to the negligence or misconduct of a counsellor general manager or member of staff," Cr Croxford said at that meeting.
"I encourage my fellow councillors to think really carefully about what could happen if we reject a staff recommendation for a complying development application and to remember how important it is to follow the act and regulations and the oath or affirmation of office that we took when we were sworn in in all about decision-making processes."
The recission motion failed five votes to four.
Cr Croxford declined to comment on the censure motion this week, but Cr Brown said he was unimpressed with the decision.
"We are on opposite side of politics but I want to see fairness and us concentrate on productive matters rather than time-wasting matters," Cr Brown said.
He also said he understood no councillor made the complaint and questioned how something could be considered intimidating towards councillors if none of them complained.
"I think what's intimidatory is people using the code of conduct to target councillors," Cr Brown said.
"I think it's inappropriate that people use the code of conduct to intimidate councillors."
He also noted that any alleged breach of a code of conduct required an independent investigator, which could have cost the council up to $15,000.
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Glen Humphries
I'm an award-winning senior journalist with the Illawarra Mercury and have well over two decades' worth of experience in newspapers. I cover the three local councils in the Illawarra for the Mercury, state and federal politics, as well as writing for the TV guide. If I'm not writing, I'm reading.
I'm an award-winning senior journalist with the Illawarra Mercury and have well over two decades' worth of experience in newspapers. I cover the three local councils in the Illawarra for the Mercury, state and federal politics, as well as writing for the TV guide. If I'm not writing, I'm reading.
