POLICE were allegedly called to Moree Plains Shire Council’s Max Centre offices on Thursday afternoon to escort Cr Kelly James from an extraordinary meeting, held in closed council to discuss a confidential update from the general manager’s office.
Cr James was twice called out for acts of disorder by mayor Susannah Pearse, who directed police to be called under clause 15.20 of the Code of Meeting Practice.
The mayor defended her actions, which followed a day of drama in council chambers.
Cr Pearse said she and deputy mayor Wayne Tighe last Wednesday called for an extraordinary meeting of the council to be held at 3.30pm the next day, Thursday, December 5, to discuss two urgent matters: the appointment of councillor delegates to external committees and a confidential update from the general manager, Kelvin Tytherleigh.
“The general manager’s update regarded a personnel matter and as such, was to be dealt with in closed council,” Cr Pearse said.
The mayor also disclosed details about an incident that allegedly occurred in council chambers several hours before the extraordinary meeting.
“On the morning of Thursday, December 5, 2024, at approximately 8.45am, before the commencement of any business, an incident and commotion occurred in the council chambers involving councillors,” Cr Pearse said.
“I was not present for the incident. However, I was informed Cr James was asked to leave by staff.
“A number of councillors had voiced fears for councillor safety. However, it was agreed the business of the day should proceed due to its urgency,” she said.
Cr James said she raised the subject of the general manager’s likely departure at the morning meeting with councillors who were present, and the conversation became heated.
“I was asked to leave and told by one councillor, ‘if you don’t like being here, there’s the door. Don’t let it hit you on the arse on your way out’,” Cr James alleges.
Cr Pearse said the extraordinary meeting scheduled for later in the day, went ahead because of its urgency.
“To ensure councillor, staff and workplace safety, as chair and mayor, I requested the presence of security,” Cr Pearse said.
“Later that day, council, as scheduled, considered the second report on the extraordinary council meeting agenda, being the update from the general manager.
“During the consideration of report 18.1, being the update, a number of acts of disorder occurred, resulting in adjournments of the meeting and requests for a councillor to apologise without reservation under clause 15.12 (a),” Cr Pearse said.
“However, under Council’s Code of Meeting Practice 2022, which is prescribed by the NSW Office of Local Government, the council then resolved Cr James be expelled from the meeting for having failed to comply with a requirement under clause 15.12.
“After requests by the chair and by security, Cr James left the meeting. However, Cr James then returned to the chambers and refused to leave after further requests by the chair and security. As such, under clause 15.20, the police were called,” Cr Pearse said.
Cr James alleges she was called to a point of order by the mayor for “sighing” when “a councillor made an inappropriate comment regarding the general manager”.
“I was told to apologise. I refused. I was then told if I didn’t apologise, I would be removed from council chambers,” Cr James said.
“I refused again. The meeting was adjourned and I then spoke with the deputy mayor (Wayne Tighe). He encouraged me to apologise and move on, because it was a very touchy subject.”
Soon afterwards, Cr James was again called to a point of order and asked to apologise.
Under clause 15.17 of the Code of Meeting Practice, it was moved Cr James be expelled from the meeting for having failed to comply with a requirement under clause 15.12.
The motion was moved by Cr Kerry Cassells and seconded by Cr Peter Mailler.
Councillors Pearse, Cassells, Hodgkinson, Mailler, Sauer, Tighe and Williams voted for the motion.
Cr James voted against and Cr McGrady abstained.
Cr James strongly defended general manager Kelvin Tytherleigh and his role with council.
Mr Tytherleigh will vacate the position early next year after two years in the job.
His sudden departure was by “mutual agreement”, according to a statement published by council on Friday.
Mr Tytherleigh was invited to comment for the purpose of this article but preferred to adhere to the council statement, where he said he has genuinely enjoyed working and living in Moree.
“We have made many lifelong friends. Allowing a new GM to be appointed to coincide with this four-year term of Council will ensure the team can work together for the entire term,” Mr Tytherleigh said.
“I want to particularly thank the mayors and councillors, staff, contractors, and volunteers that all work together to make our community a better place.
“We look forward to returning to Moree for the opening of the pool and the Mungindi Child Care Centre,” he said.
Cr James praised Mr Tytherleigh, the fourth MPSC general manager in recent years.
“Kelvin has fully immersed himself in the community, and engaged with members of the community, business houses and industry – as many people as he possibly can,” Cr James said.
“Kelvin is always out in the community, attending functions and everything that supports Moree.
“We’ve had four GMs since Lester (Rodgers) left. There were two council employees temporarily acting in the role of GM, another acting GM for 12 months, and then we employed Kelvin,” she said.
Cr James said replacing the general manager came at a huge cost to rate-payers.
“It’s in the realm of around $40,000 to employ a new general manager, including advertising, which goes out of Moree to metropolitan newspapers, online, and the management of an employment agency to recruit,” Cr James said.
“Relocation costs are additional and council foots the bill for that as well.”
Cr Pearse said council will undertake a recruitment process to find a new general manager.
“Council has provided delegated authority for me, as mayor, in consultation with the deputy mayor, to undertake an Expression of Interest (EOI) process to identify a suitably qualified firm to lead the recruitment of the new general manager,” Cr Pearse said.
“I can confirm that no-one has been approached or offered the general manager position.
“The decision on a new general manager will be made in accordance with the NSW Office of Local Government’s Guidelines for the Appointment and Oversight of General Managers, with the decision being made by the council.
“All nine councillors have equal say on the matter,” Cr Pearse said.
Council will hold an ordinary meeting in chambers at 10am, Thursday, December 12.
Cr James has lodged a Notice of Motion, being “ a vote of no confidence in the office of mayor”.
The motion states “a vote of no confidence in the mayor be tabled due to the mayor’s handling of the general manager’s employment contract” and that “council (a) amends the term of the office of the mayor from October 15, 2024 up to and including December 12, 2024 and (b) notes that this motion would declare the position of mayor as vacant”.
Former Moree mayor, Katrina Humphries, who plans to attend Thursday’s council meeting as an observer, is astonished by what has allegedly unfolded behind closed doors at Moree council chambers.
“What a show,” she told Moree Online News.
“We need stability and a democratic Council, where elected members can have differing opinions.
“Sadly, there are issues affecting the functionality of our Moree Plains Shire Council.
“There are issues around stability between councillors and management, resulting in the departure of the general manager.
“The recruitment of another GM will allegedly cost in excess of $40,000. Due process must be followed under the Local Government Act, thus the expenditure.
“Rate-payers expect better, and approximately $90,000 of extra expenditure is not what earns respect, in my opinion, from the community,” she said.
I think they should have focused on the agenda and not an individual councillor.
Sounds very dramatic. Big statement, such as fearing for their safety from Cr James?
Next meeting should be about how to resolve this and get on with the job asap. Just blown out of proportion.
I have just read the Mission Statement that all Councillors accept as terms of their employment. I think for the sake of this town’s dignity, a few of them should go and read it again and reconsider if their hearts are really in the job, or do they have another personal agenda which is more important?