Sorry not sorry: councillor suspended for refusing apology

Marrickville Greens councillor Max Phillips has been suspended for two months after refusing to apologise for informing residents about a $5 million offer made to council by developer Meriton.

The Division of Local Government (DLG) suspended Cr Phillips, who has now lodged an appeal with the Pecuniary Interest and Disciplinary Tribunal.

Cr Phillips said he told residents about the proposed Voluntary Planning Agreement (VPA) made by Meriton to double height allowances for the Lewisham Towers development at the end of 2012.

“They were offering council $5 million in return for council agreeing to increase the density and the height of their Lewisham Towers development,” he said.

“This was all being done behind closed doors and the residents didn’t know anything about it.”

Cr Phillips said the suspension was issued by the DLG because he refused to apologise to council after it was found by an independent reviewer that he breached the council’s code of conduct.

“I have lodged an appeal…on the basis that by forcing me to apologise when I’m not sorry would effectively be asking me to be dishonest,” he said.

“The code of conduct requires councillors to act honestly.”

Tamara Winikoff, convenor of No Lewisham Towers, said Marrickville Council claimed that the VPA proposal was commercial-in-confidence, which is information that should be withheld from the public.

“Council essentially tried to bar the community from witnessing their decision-making process by declaring the matter commercial-in-confidence,” Ms Winikoff said.

“Max Phillips didn’t believe that the matter was commercial-in-confidence and therefore that he was entitled to speak to both the community and media.”

Greens councillor Melissa Brooks said the material that Cr Phillips made public should not have been confidential and complaints against him that instigated the suspension were politically motivated.

A spokesperson from the DLG said their department had completed an investigation into misconduct allegations made against Cr Phillips.

“The chief executive was satisfied that there was sufficient evidence of misconduct on the part of Cr Phillips that would warrant suspension from civic office,” the spokesperson said.

Independent councillor Victor Macri, who was Mayor of Marrickville at the time the apology was requested, said Cr Phillips was in clear breach of the code.

“This appeal is another joke,” he said. “[Cr Phillips] gave away confidential information and he thought it shouldn’t be classified.”