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, instead, that there were no grounds for finding Cr Dingle had been “improper and unethical” or was involved in “intimidation and harassment” by taking photos in the dark 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 that he had been responding to significant and long-standing 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 on December 19 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 the decision requiring him to apologise to the Medowie timber business owner.
Mr Hurst asked the council to “table” the Office of Local Government review determination at the first ordinary council meeting, on Tuesday.
He also advised Cr Dingle: “Should the council fail to rescind its decision, the Office proposes to take no action with respect to any failure by you to comply with the council’s resolution.”
Cr Dingle, who in August said he was “gobsmacked” and “absolutely stunned they could come up with that allegation (of photographing children)”, said the Office of Local Government review vindicated his position, and raised serious concerns about the council.
“The credibility of the code of conduct system as a means of managing good governance in Port Stephens Council has been seriously undermined and damaged by council and its actions,” Cr Dingle said.
The code of conduct report findings, publicity about the allegations against him and the council vote to sanction him had been enormously stressful, Cr Dingle said.
“My question to the council at the start was, ‘Where’s the photos of children I’m supposed to have taken’?”
“There have been genuine and on-going complaints about this business for a lengthy period. I got involved in the first place because of complaints from the Medowie medical centre across the road from the sawmill, among others, that I needed to be doing something about it. It’s my role and my job as councillor to consider what people are saying to me and pass on information to staff to investigate.”
One of the complainants, Medowie resident Ron Smith, said he had “complained vigorously” about the timber business and sawmill for a lengthy period, including complaints of a timber business operating on site before development approval.
“The council was approached and it did nothing for about seven or eight months. I’ve written a number of emails, but emails don’t make any difference. The council won’t act. I’ve taken photographs outside the property to provide proof to the council of what’s going on there,” Mr Smith said.
“I think the code of conduct is a way of keeping Geoff Dingle quiet.”
Port Stephens MP Kate Washington said she had had complaints about the sawmill for more than 12 months, raising concerns about safety and compliance with conditions.
“I believe this matter against Geoff Dingle is pure politics and it’s nasty pure politics,” she said.
Port Stephens general manager Wayne Wallis did not respond to Newcastle Herald questions.
Port Stephens mayor Bruce Mackenzie said he was aware of the review’s findings but would not comment on whether it was a surprise, or whether he would support an apology to Cr Dingle when the matter is considered on Tuesday.
He said he expected the matter to be discussed in a confidential meeting. Cr Dingle said he wanted the matter discussed with members of the public present.
