A Northern Tasmanian council has been thrown into turmoil after a three-year investigation uncovered allegations of "systematic and widespread" failure and non-compliance.
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Councillors in the Dorset municipality could be stood down as soon as next week after Local Government Minister Nic Street established a board of inquiry to further investigate the allegations.
The initial investigation, which assessed an unspecified number of complaints from community members and councillors between August 2020 and August 2022, highlighted five main concerns:
- that council officers have used legislative authority improperly and/or with bias;
- that the council has allowed, with intent or through inadequate oversight, the general manager to operate without due regard for the law;
- that conflicts of interest have not been adequately managed by senior council officials;
- that the mayor, councillors or general manager has tolerated retributive action against people that disagreed with the council, the mayor or the general manager through, for example, inappropriate and offensive forms of communication;
- that the council has failed to implement policies and processes that support, at all times, transparent and effective decision-making.
Mr Street, who received the director's report on July 17, said he was "actively considering" suspending councillors for the duration of the inquiry.
In a letter sent by Mr Street on Wednesday, councillors were asked to provide feedback on the issue by 5pm Friday.
Mr Street will make a decision on whether to immediately suspend councillors early next week.
Should councillors be suspended, it is likely that a commissioner would be appointed to cover for the council's elected members, as was the case when Huon Valley and Glenorchy councils were subject to boards of inquiry.
"There is nothing more important in our society than maintaining the confidence in communities that governments, including councils, are committed to complying with the law and exercising the authority given to them by parliament property and without bias," Mr Street said.
"The matters that have been identified by the director are in my view serious enough to justify the establishment of a board of inquiry."
Mr Street said information provided to the director included allegations that senior officials have "not adequately managed their conflicts of interest", and complaints of unfair treatment.
"The investigation considered the circumstances of a small number number of individuals in the Dorset community and identified evidence that suggests that some people have been treated harshly through excessive fines and other actions inconsistent with the treatment of other members of the community," Mr Street said.
"The investigation also considered concerns raised over an extended period of time regarding council works on crown land without authority, and on at least one occasion, continuing to undertake these works after being directed not to do so by the state.
"The investigation also considered evidence of repeated instances of language used by officials in the council that was inappropriate and offensive."
The inquiry is expected to take seven months.
Mr Street has appointed senior barrister Andrew Walker and former Clarence City Council general manager Andrew Paul to the-two person board, which must present its final report by February 28.
The director's investigation will form part of the board's inquiry, but will not be publicly released on legal advice.
A draft of the report was provided in February to Dorset Council, who have communicated with the director several times since.
Opposition Leader Rebecca White encouraged Mr Street to continue "open communication" with Dorset ratepayers and the broader Tasmanian community.
"Ratepayers in any council want to know that their elected representatives are working in their best interest at all times," she said.
"And when there are serious allegations that are made they need to be taken seriously."
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