A controversial Coastal councillor has finally made a decision on his future.
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"The summary offence that I have been charged for doesn't force me to resign, so following that legislation I intend to stay on," Cr Fairbrother said.
Cr Fairbrother has written to Premier Jeremy Rockliff voicing his concerns about the case.
Cr Fairbrother admitted he considered resigning.
"That was a consideration but I have a history of community service and I was elected to council to fulfil a role and I intend to fulfil that role," Cr Fairbrother said.
When asked how he would respond to those who wanted him to resign, Cr Fairbrother suggested maybe a change of legislation was needed.
"Those with prejudice views against me have self identified and this is one of many issues they have taken exception too," he said.
"I made a decision in accordance with the legislation and it doesn't force me to step aside.
"Maybe there needs to be change in the legislation if that's what's being advocated."