Cr Peter Marshall submitted the Notice of Motion, Moving “that Council: 1. immediately instruct legal advisers for the purposes of seeking an injunction to prevent or reverse the illegal dismissal of Palerang Council if that occurs or is announced; and 2. so as to minimise the costs to Palerang ratepayers, Council seek to conjoin any such legal action with that of neighbouring Councils and/or Local Government NSW.” 

The report from Cr Marshall says that “Councillors should note that this Motion, if Resolved, will have no effect if the NSW Government acts legally and in good faith.” 

“Submissions to the NSW Government on Councils' futures close on 18th November 2015.

At any point after that date, the NSW Government may attempt to place Councils in Administration, with a view to re-forming them in line with the recommendations of IPART and the Review of Local Government.”

Cr Marshall says “Councillors have seen legal advice (and it is attached with this Notice of Motion) that the NSW Government cannot legally dismiss Council or Councillors without going through a particular process set down in legislation. This Motion simply seeks to ensure that process is followed.

Why would Palerang Council do this? Palerang's ratepayers and residents have overwhelming expressed a desire NOT to be amalgamated with Queanbeyan City Council, which is the most likely action of the NSW Government. While a significant percentage of Palerang residents and ratepayers have an open mind to arrangements

with other Councils, such an option is not on the table, and Councils were given just 30 days to come up with such proposals, which is an absurd timeframe.

“In addition, an extended period of Administration carries significant risks to the Palerang (and Queanbeyan) communities. An Administrator has all the powers of Council, and is therefore completely undemocratic. An Administrator may commit Palerang and Queanbeyan Councils to actions against the wishes of the community, not just in terms of amalgamation but in terms of expenditure, revenue, planning – for example, large and contentious Development Applications may be approved without democratic oversight. The longer the period of Administration, the greater the risk that such decisions would be made. A period of Administration lasting through to September 2016 involves a full budget cycle, and many DAs and Planning Proposals would require to be determined during that period. An approach to forced amalgamations that does not involve such risks is perfectly feasible – this would involve leaving Councils in place until the September 2016 Council elections, with the elections to be held for the amalgamated Council, and tasking the existing Councils with planning for that amalgamation.”

Cr Marshalls submission continues “Palerang Council is unlikely to be alone in resisting forced amalgamations preceded by a period of Administration, and there may be significant improvements in effectiveness of legal action, and reductions in cost of legal action, if Palerang Council does so in cooperation with like-minded neighbouring Councils, and/or Local Government NSW.

Due to the risks of an imminent declaration by the NSW Government, the Motion proposes that such investigations occur after a decision to instruct legal advisers, rather than before.”

“Lastly, if the NSW Government dismisses Council and appoints an Administrator, who has the full powers of Council, the Administrator may seek to rescind any such Resolution to take legal action. Council may wish to seek advice from its legal advisors on how to pre-empt or prevent such an occurrence.” 

The Extraordinary Council Meeting commences at 4pm followed in Bungendore, and is followed by Finance & Audit Committee meeting commencing at 5pm, and Strategy & Policy Committee meeting commencing at 6.30pm.