Oberon Council has responded to the NSW Office of Local Government’s (OLG) decision not to progress Council’s referral regarding a Councillor’s conduct on social media.
In April, the Council resolved to refer Councillor Helen Hayden’s conduct on social media following a double-fatality motor vehicle accident that occurred at Black Springs to the OLG. This followed receipt of an independent investigation report into the matter.
Based on the findings of that investigation, Council recommended that the OLG remove Councillor Hayden from office and disqualify her from nominating for election as a councillor for a period of five years.
Mayor, Andrew McKibbin said Council’s recommendation reflected findings that the conduct caused harm to affected individuals, families, members of the community and Council employees, significantly undermined public confidence in Council, and formed part of an ongoing pattern of inflammatory social media commentary.
In the social media post referring to the accident which claimed the lives of two people aged in their 20s, Councillor Hayden posted on her public Facebook page: “Accident today around lunch time, yes some of us are aware of the individuals and Black Springs will be far quieter without constant roaring engines at all hours throughout the village.”
She then went on to defend her remarks in the comments section of the original post, writing “sadly you play stupid games you win stupid prizes, I call a spade a spade, and its (sic) a pity they didn’t listen”, before later deleting the post.
Last month, the OLG advised Council it would not progress the matter further.
“Council recognises that this outcome may be disappointing for some members of the community, particularly those who raised concerns or made complaints regarding the conduct that was the subject of the investigation,” Mayor McKibbin said in a statement.
“Many people invested significant time and effort in bringing those concerns forward. While Council respects the decision of the Office of Local Government, it understands that this outcome may not align with the expectations of all those who participated in the process.
“Community members can be assured that those concerns were taken seriously, commissioned an independent investigation, carefully considered the findings and pursued all avenues available to it under the current legislative framework. Council also encourages community members to continue raising concerns and participating in established complaint and Code of Conduct processes.”
The OLG has also released a revised draft Model Code of Conduct for consultation, to be read alongside the Free Speech Guidelines for Councillors issued last year.
“Council is concerned these documents place greater emphasis on freedom of expression and may reduce the scope for regulatory intervention in matters of councillor conduct,” said Mayor McKibbin.
“Council is particularly concerned by the proposed removal of the existing provision relating to conduct that brings a council or councillors into disrepute. In Council’s view, this may reduce the ability of the regulatory framework to respond to conduct that causes significant community concern or undermines public confidence in local government.
“Both Council and I have lodged submissions on the draft Model Code of Conduct outlining concerns regarding these proposed changes and their potential impact on accountability, workplace culture, community wellbeing and public confidence in local government. These submissions will be available on Council’s website in the near future, and I encourage members of the community to read them.
“As Mayor, I will always continue to advocate for respectful conduct, accountability and the high standards our community expects of its elected representatives.”
The Mayor said freedom of expression was a fundamental part of local democracy, and councillors should be able to express their views openly.
“However, with that freedom comes a responsibility to act in a way that maintains public confidence and reflects the standards our communities rightly expect of their elected representatives,” he said.
“Council continues to advocate for a regulatory framework that supports both freedom of expression and meaningful accountability. These principles are not mutually exclusive; both are essential to maintaining trust and confidence in local government.”
In a public social media post following the OLG decision, Councillor Hayden said she had reflected on her actions.
“I am disappointed that I posted some of the words that I did, and I acknowledge that I could have expressed myself differently,” she wrote.
“However, I don’t want to re-litigate the matter through the media or engage in hostility towards the Mayor or my fellow councillors. The process has run its course.
“My focus is on continuing to represent the community, listening to residents and carrying out the responsibilities I was elected to undertake.
“I hope we can now move forward respectfully and concentrate on the work Council has to do for the Oberon community.”
