Support for Blue Mountains City Council to remain in office is building after the decision in the Court of Appeal on Wednesday to lift the injunction stopping the Minister for Local Government, Gabrielle Upton, from suspending the council after a seven days stay.
“I am overwhelmed by the support of the local government sector as Blue Mountains City Council faces possible suspension and the appointment of an interim administrator,” said Blue Mountains mayor, Mark Greenhill.
“This is after the elected body has been cleared by an independent investigation and has complied with the minister’s performance improvement order.
“This issue is, I believe, a matter of interest to all councils in NSW and the local government sector more broadly.
“If this happens to us, under this relatively new provision of the Local Government Act, it could happen to any council in NSW. There is no reason to suspend the elected council.”
The mayors of neighbouring councils – Lithgow, Penrith, Hawkesbury and Blacktown – have indicated support for the Blue Mountains City Council by writing to the Minister for Local Government urging her to work with Blue Mountains Council to ensure the continuation of elected local government in the Blue Mountains.
Local Government NSW, the peak organisation that represents the interests of all councils in NSW, backed BMCC by writing to the minister on June 19. The organisation’s president, Linda Scott, urged the minister to reconsider her intention to suspend the council.
The Western Sydney Region of Councils (WSROC), which represents the eight councils and communities of Western Sydney, has also offered its support.
“The local government sector, and the community, value an effective, democratic system of local government across NSW”, said the mayor. “The support of the sector is deeply appreciated.”
The minister issued the notice in February after suggestions of a conflict of interest emerged in relation to the council’s investigation into asbestos management.
“Importantly, that independent investigation, initiated by the council, cleared the elected council of any wrongdoing,” said the mayor.
“We have demonstrated that the independent investigation was conducted appropriately by Mr Tooma of Clyde & Co. Despite concerns, there was no conflict of interest or bias between Mr Tooma and former council employee Mr Mulligan, who was not under investigation.
“We have completed, or substantially progressed all actions required of us in the minister’s performance improvement order, to the extent that, we believe, the council is in a position to set an example for others to follow in terms of the proper management of asbestos.
“The council has also complied with everything asked of it by SafeWork NSW.
“In addition, we have adopted all of the recommendations of the independent investigator relating to asbestos and safety management.”
