Armidale Regional Council Mayor Simon Murray unsuccessfully endeavoured to introduce a Mayoral Minute at Thursday's extraordinary meeting that would have brought the move to replace CEO Susan Law to an abrupt halt.
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Cr Murray's minute would have had council should err on the side of caution and read: "That in order to give council maximum potential protection from liability associated with any decision to dismiss the CEO, council resolves to commission separate independent and arm's length investigations into issues related to the CEO's performance and issues raised on behalf of the CEO in the letter from Sparke Helmore to the Chief Executive of the Office of Local Government dated 6 March 2020."
It continued: "That council further resolves to consider the findings and recommendations of those investigations before making a decision on the dismissal of the CEO."
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Cr Murray's motion offered councillors a "separate independent and arm's length investigations" into this whole matter. His motion was lost.
Cr Di Gray said she was flabbergasted some councillors seem to have ignored legal advice being given.
"On Wednesday night we received advice. It was not given to individual councillors, but as whole of council," she said.
"It is meant to ensure that the decision making that we do is for the protection and best outcome of the council as an organisation."
She said councillors were made aware that council held a responsibility to the CEO under the Fair Work and Health and Safety Acts.
"The advice to us was not to rush, but to do due process, do our due diligence, which included independent investigations relating to matters that have been brought to the attention of council," Cr Gray said.
"It was made clear that, as a council, there was a strong possibility of penalties if breaches were to be proved in a court of law."
Cr Debra O'Brien said she could not comment because it was against the code of conduct because the mayoral minute was part of a closed session of council.
"That this too has been leaked is yet another attack on lawful process," she said.
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Cr Murray said the legal firm was one that looked after the interests of a lot of NSW Local Government Areas.
"They provide advice on risk matters, and they they said we need to act slowly and document all matters relevant to council," he said.
"One group of councillors are complaining, and want to get rid of the CEO, but we don't yet know what their complaints actually are. Those matters should be investigated to assess any genuine reasons in them.
"Thursday's motion to dismiss the CEO was moved and seconded, but no points were brought forward. We still don't know what the reasons were for them to want to get rid of her."
