On 9 July 2008, the Minister for Local Government, Paul Lynch, announced he was acting on a Public Inquiry Commissioner’s recommendation to dismiss Shellharbour City Council.

Mr Lynch said that Commissioner Richard Colley had made the recommendation to dismiss the Council, finding, among other things, that;

• Relationships amongst Councillors and between Councillors and staff have been irretrievably damaged;
• Councillors have failed to demonstrate, through their statements and actions, a proper understanding of their roles and responsibilities, and;
• There have been frequent acts of disorder during Council meetings.

Former Bega Valley Shire Council General Manager David Jesson was appointed Administrator of the Council.

Mr Lynch said that he had carefully considered Commissioner Colley’s report and that the decision to dismiss the Council was not taken lightly.

Commissioner Colley also reported that recommendations relating to governance from a Department of Local Government Promoting Better Practice Review, finalised in July 2006, had still not adequately been addressed.

Commissioner Colley recommended that all civic offices be declared vacant until the Council elections in 2012.

In making this recommendation Commissioner Colley stated that;

• “I have been mindful of the depth and extent of the problems that need to be addressed by Council’s Administrator/s.”
• “It would be unreasonable and untenable to expect a newly elected Council to deal with these challenges as well as the legacy of poor performance of the current Council.”
• “I have formed a considered view that there is no viable alternative other than a lengthy period of Administration and that such a period is in the best interests of residents and ratepayers of the Shellharbour LGA.” (Shellharbour City Council Public Inquiry Report)

The Administrator, Mr Jesson, has a long history in local government administration with a career dating back to 1971 with the City of Prahran in Victoria.

Mr Jesson was General Manager of Bega Valley Shire Council between 1993 and 2007 (retired).

“It will be the task of Mr Jesson to rebuild the fundamentals of the Council and to help regain the community’s confidence in the Council,” Mr Lynch said.

Click on the links below to read specific sections of Commissioner Richard Colley's report. The full report can be found on the Department of Local Government's website, www.dlg.nsw.gov.au

Executive Summary
Terms of Reference
Findings
Recommendations