Moree Plains Shire Council could be placed under temporary administration after the NSW Government raised serious concerns about the conduct of council meetings, repeated police involvement in maintaining order and an apparent deterioration in the working relationships between councillors, according to the council’s public statement of 26 October. Moree Online News has not seen the Minister’s letter.
Minister for Local Government Ron Hoenig is considering suspending the Mayor and councillors for three months and appointing an interim administrator to exercise their governing responsibilities.
Mayor Susannah Pearse told Moree Online News the Minister’s concerns relate to the functioning of the elected governing body, rather than the council organisation’s financial or operational performance.
No suspension has been ordered. The council and individual councillors have until Friday 6 November to respond before the Minister makes a decision.
What would administration mean?
An interim administrator would temporarily replace the Mayor and councillors as the council’s governing body, taking responsibility for decisions normally considered and voted on at council meetings.
That would include decisions about council policies, spending priorities and other matters ordinarily determined by elected representatives.
Council employees would continue delivering services and progressing projects. The appointment would not mean closing council facilities or replacing the workforce, although an administrator could make decisions affecting future operations.
During the suspension, councillors would be unable to exercise their governing responsibilities or receive their usual fees and benefits.
Residents would also temporarily lose elected representation in council decision-making, with those powers instead exercised by an appointed administrator who would be required to report to the Minister.
Can the council prevent suspension?
The proposed suspension is not inevitable.
Under section 438I of the Local Government Act 1993, the Minister must reasonably believe that appointing an interim administrator is necessary to restore the council’s proper or effective functioning.
The council has an opportunity to convince the Minister that intervention is unnecessary. As the Mayor understood it, its response would need to address the concerns about meeting conduct and working relationships, and explain how councillors intend to restore effective decision-making.
Mayor Susannah Pearse said council staff would begin preparing the submission and obtaining advice ahead of the extraordinary meeting on Monday 2 November, when councillors would consider the response.
“The Council needs to provide the Minister with a meaningful path forward,” she said, explaining that, as she understood it, the response would need to address how meetings could be conducted more calmly and relationships between councillors restored.
The Mayor said she hoped the response would be endorsed by the full council. The Minister must consider the submission before deciding whether to proceed, but is not required to accept its arguments.
Would administration cost ratepayers?
An interim administrator would be paid by the council.
Office of Local Government guidance says remuneration is generally based on existing councillor and mayoral fees. Suspended councillors would not receive those fees during the suspension.
The actual cost to Moree Plains Shire Council cannot be established until an administrator is appointed and the conditions of that appointment are known.
Appointing an administrator would not automatically increase council rates or reduce services, although the administrator could make decisions affecting future budgets and priorities.
What would happen to council projects?
Council projects would not automatically stop if an administrator were appointed. Staff would continue managing and delivering projects, while the administrator would make decisions normally reserved for councillors.
Mayor Susannah Pearse raised concerns about possible delays to projects with funding deadlines, particularly the planned 50-metre pool at Taylor Oval.
She warned that funding could be at risk if progress stalled, although suspension would not automatically cancel the project or withdraw its funding.
What happens after three months?
The proposed suspension would initially last three months. Under the Local Government Act, it can be extended in certain circumstances, up to a total of six months.
At least 14 days before the initial suspension period ends, the administrator must give the Minister a written report on their administration of the council, including any recommendations for improving or restoring its proper and effective functioning.
The Minister would consider that report before deciding whether an extension was necessary.
When a temporary suspension ends, the councillors ordinarily resume their governing responsibilities. This differs from the dismissal of a council following a public inquiry.
An administrator could help restore effective decision-making and recommend improvements, but the appointment would not guarantee that disagreements between councillors would be resolved when they returned.
What happens next?
Councillors will meet at noon on Monday 2 November to consider the council’s formal response to the Minister.
The Mayor said she understood the extraordinary meeting would be open to the public, although it has not been confirmed whether residents will be able to address councillors.
Residents can write to the Minister about council governance concerns, but it has not been confirmed whether their correspondence will form part of the current suspension decision.
The Mayor said the Minister’s letter, received by council on Thursday 22 October, was a brief, one-page document. She expected it to be included with the business papers for the extraordinary meeting, making it available to the public ahead of the meeting.
Both the council and individual councillors have until close of business on Friday 6 November to respond.
The Minister will consider those submissions before deciding whether the council can continue governing without intervention or whether a three-month suspension is necessary.
