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SILENCING TOOL: Gawler Councillor censured by his peers

GAWLER councillor Ian Tooley has slammed “authoritarian” council processes after he was denied “natural justice” before elected members voted to censure him at a meeting last week.

At their meeting last Tuesday, elected members were presented with a final report from state Ombudsman Wayne Lines, which found the outspoken councillor breached the council’s code of conduct when he twice “refused” to publicly apologise after an $11,000 Kelledy Jones Lawyers investigation into six formal complaints made against him by councillor Paul Koch.

Mr Lines recommended censuring Cr Tooley, an action which was carried by meeting chair David Hughes after elected members were split four to four.

Mayor Karen Redman and Cr Tooley both declared a conflict of interest in the matter and left the meeting, but not before the latter was granted leave of the meeting to make a personal statement.

During the statement he and Cr Hughes argued with each other over the contents of his speech and whether it was relevant to the subject, taking up the five designated minutes.

Speaking to The Bunyip, Cr Tooley said he was denied “natural justice” by not being allowed to make his apology.

“All I wanted to do was say to people that this was always a nonsense,” he said.

“This chamber with this administration is far too occupied with regulations, rules and process and is less interested, in my view, in good debate and good decision making.

“This is authoritarian, way too authoritarian, and it’s getting in the way.”

In November of last year, lawyers Kelledy Jones found Cr Tooley had breached the council’s code of conduct and elected members voted to have him publicly apologise.

In April, he attempted to deliver a personal statement as part of his apology – just as Ms Redman had done when apologising for her own code of conduct breach – but was denied by the mayor.

The next month, he was asked nine times by Ms Redman if he would like to formally say sorry, but he alleged the mayor helped alter the previous months council minutes to read that he refused to apologise and didn’t apologise again.

Seven months after the April meeting, Cr Tooley is yet to apologise and the minutes read he refused to do so.

During last week’s meeting, councillor Nathan Shanks said Cr Tooley could have “hung himself” if given the chance to give his personal statement, but then refused to vote for the censure motion.

“We could’ve used two minutes there and he could’ve hung himself,” he said.

“Now, there’s another opportunity to say he’s been shut down again.”

The complaints made by Cr Koch included allegations that Cr Tooley swore at him outside a February 2018 committee meeting; swore in another committee meeting in April and referred to him as Koch, rather than Cr Koch, in a private email chain.

Cr Tooley denies he ever swore in the committee meetings.

The Ombudsman’s findings related to whether Cr Tooley did, or did not, apologise when given the chance, not whether Cr Koch’s allegations were true.

Ms Redman declined to comment.

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