VICTOR HARBOR - The City of Victor Harbor's elected members publically disapprove of councillor Bob Marshall's actions to pursue the media to air his concerns about being gagged in council.
The Times can now reveal in the council's January meeting, its elected members moved a censure motion, which is a public declaration of their disapproval of Cr Marshall's actions.
This was after Cr Marshall did not publically apologise for his actions through a letter to the editor or through a response through council once the matter was investigated in November last year.
The motion related to a letter and an article published in The Times in June and July last year, which the council considered to be in breach of the Elected Members' Code of Conduct.
Cr Marshall's letter that sparked the saga, published on June 30, attacked Mayor Philp for only allowing councillors to ask one question of Schoolies Week coordinator Nigel Knowles about the 2011 event.
In the letter, Cr Marshall said "the most controversial issue in town and a councillor is effectively gagged!"
Also in the letter, in response to deputy mayor Pat Chigwidden telling him at the meeting he should have attended stakeholder meetings about the event, he said he was never told or invited when such meetings were on.
"Do elected members of this council really have to trawl the Public Notices in an attempt to find out such information?," he wrote.
In July last year, Cr Marshall provided comment to the newspaper once it got a hold of a letter addressed from Mayor Philp to Cr Marshall that he would be investigated by the council for breach of conduct, as he failed to identify in his letter that his views in the letter were his own, and not those of the council.
Formal complaints were raised by mayor Graham Philp and deputy mayor Pat Chigwidden, which were subsequently investigated by independent body the Local Government Governance Panel.
The investigation concluded that Cr Marshall had breached up to seven provisions on the Council's Code of Conduct of Elected members. The breach ranged from acting in a manner that reflects unfavourably on the council to not acting in good faith and disclosing confidential information.
A counter complaint by Cr Marshall that the Mayor and Deputy Mayor had acted in a trivial, frivolous and vexatious manner was dismissed by the panel.
Council initially sought a formal apology from Cr Marshall to be published in The Times and was given to December 9 to act on this.
According to a council report, now available to the public, Cr Marshall was given a second opportunity to respond in writing by January 16 in the absense of the letter.
However, in the absence of such a commitment, Council moved the censure motion.