Two Glamorgan Spring Bay councillors have been found guilty of breaking the code of conduct for failing to declare a conflict of interest.
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The complaint alleged councillors Keith Breheny and Rob Churchill breached parts one and two of the Local Government Act.
The pair were only found guilty of failing to declare a conflict of interest. Complaints against decision making were dismissed.
Both councillors had made representations against the draft planning scheme amendment for the Cambria Green Estate before they were elected to the council in October.
They were both members of the East Coast Alliance group, formed to oppose the development.
Cr Breheny was previously the group's vice president, but since being elected to council he and Cr Churchill have since resigned from the group.
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At their first council meeting in November, they both stayed in the room during a debate regarding Cambria's Site Area Plan.
Cr Breheny said he acknowledged the conflict and the legal advice to abstain from debate and voting, but declared he would do so anyway. He did not accept that making a representation on the SAP should disqualify him from voting.
Cr Churchill said since being elected he had consistently stated his support for developments appropriate for the East Coast and that the council's decision was to support the SAP.
At a planning training session on November 21, he was told he and two other councillors would not be able to vote of the SAP.
He then asked for the legal advice, but claimed it was not provided. A version of the advice was received by all councillors on November 23, but Cr Churchill said this did not give him enough time before the November 27 meeting to seek his own legal advice.
Both councillors said they did not make statements regarding the SAP or Cambria Green master plan during the election period, and tried to keep an open mind.
During the code of conduct hearing, Cr Breheny said if the matter was to come before the council again he would not declare a conflict of interest. Cr Churchill said he'd seek his own legal advice.
The pair have been ordered to undertake conflict of interest training by August 31 2019, which must be organised by the council and provided by the Integrity Commission.
The panel recommended all councillors have the training, which the council has agreed to.
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Journalist at The Examiner Newspaper
Journalist at The Examiner Newspaper
