The investigation into allegations of Code of Conduct breaches against former Dubbo Mayor Ben Shields has concluded, on a technicality.
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Mayor Stephen Lawrence said the Code of Conduct policy, which falls under the Local Government Act, applies only to serving councillors. When Mr Shields stood down in May, the Code of Conduct investigation against him "finalised".
However, according to Mayor Lawrence, it's not necessarily a nail in the coffin, as there are provisions under the Local Government act for allegations against former councillors.
"The Code of Conduct is a policy of Dubbo Regional Council made under the Local Government Act. It only applies, according to its terms, to a serving councillor - the Code of Conduct can only be imposed against serving members," Mayor Lawrence said.
"As a consequence of Ben Shields stepping down, the investigation of the Code of Conduct breach allegations against him are now concluded. However, it is not the case that there is no remedy or sanction that can be found against a former councillor."
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The revelation came about when two people who made complaints about alleged code breaches told Mayor Lawrence they had received letters, stating that the 'code of conduct process' had been finalised.
"They had received letters indicating that, as the person they had made the complaint against was no longer a councillor (being former Mayor Ben Shields), that the Code of Conduct process is effectively finalised.
"Under the Local Government Act provisions, there are various ways that allegations against a former councillor can be referred to the Office of Local Government. It is the Office of Local Government that has the power to refer those allegations to the NSW Civil and Administrative Tribunal.
"The Tribunal then has a power to impose a disqualification from public office for a maximum five years."
Who can refer those matters to the Office of Local Government, is unclear. Mayor Lawrence said while it was not his role to do so, he was "seeking advice".
The Code of Conduct investigation is separate to the independent investigation. Pinnacle Integrity was appointed by Dubbo Regional Council to examine the handling of the complaints process within council, not the individual complaints themselves.
However, that may change.
"The internal investigator will be guided by the Council motion that we passed, so it's my understanding they're able to look at all non-active code of conduct matters, so I wouldn't see any reason why they couldn't look at code of conduct matters that have been finalised," Mayor Lawrence said. "But that's a matter for them."
Dubbo Regional Council and Mr Shields have been contacted for comment.
Mr Shields has previously denied all allegations against him.
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