The besieged Hurstville Council is holding its breath until either Local Government Minister Paul Toole or the Office of Local Government provide clarity on its future.
In the meantime, morale continues to slump as councillors and staff try to make sense out of the ugliness and confusion caused by the standing down of general manager Victor Lampe and mayor Con Hindi's asbestos problems at Crump Street, Mortdale, which may or may not be related.
The five councillors who voted on Monday night to overturn last Wednesday's decision to stand down Mr Lampe said they did so because the council did not have the powers to suspend staff and proper procedures laid out in the council's Code of Conduct were not followed.
They said the matter should have been referred to the Office of Local Government.
But Cr Hindi's support bloc of seven voted to uphold the original motion to suspend the general manager, despite strong arguments against this.
Mr Lampe was stood down for three months while allegations of misconduct were investigated.
The original motion, which Cr Hindi's casting vote carried over the line in an "urgent" closed meeting read: "That the general manager be suspended on full pay whilst the investigation is carried out on these allegations and that the mayor and deputy mayor be authorised to contact the Office of Local Government for advice as to who would be able to conduct the investigation".
Cr Hindi said the move was based on legal advice due to the seriousness of the allegation of misconduct involving a young staff member.
"The general manager has now been suspended on full pay whilst an investigation is carried out on these allegations," he said.
"It is appropriate that this action was taken to allow the investigation to take its full course as it is a very serious matter."
The others questioned whether the legal advice was based on sufficient information.
When the meeting ended deputy mayor Michelle Stevens announced her resignation from that role to register her disgust about lack of correct procedure.
"I don't want to be part of an unfair and incorrect process," she said. "What happened was a farce."
She is yet to submit her resignation in writing. If she steps down, the numbers could support Vince Badalati, although it is equally possible another member of the mayor's support bloc could become deputy.
It is understood Hurstville Council had been advised by the Office of Local Government to support the rescission motion regarding Mr Lampe.
If stood down, Mr Lampe could not be reinstated for three months, which was considered excessive considering the allegations had been around for some time.
Cr Badalati offered a fall-back motion that the "council does nothing on this matter".
Cr Jack Jacovou said another motion — to follow due process for a full investigation on the allegations — was denied the chance for proper debate.
‘NO ASBESTOS’
Mayor Con Hindi said general manager Victor Lampe’s suspension had nothing to do with the matter involving 40 Crump Street, Mortdale.
‘‘In relation to 40 Crump Street, Mortdale, I have provided council with a clearance certificate from the demolition company and also two reports from a certified WorkCover NSW-accredited hygienist declaring that the site is safe and clear of asbestos,’’ he said.
‘‘I also have the waste removal receipts showing the asbestos at the site was properly disposed of.
‘‘Additionally, I have received notification in writing from WorkCover NSW that the site is safe and can be reoccupied for development.’’
Cr Hindi will contact the Office of Local Government for advice as to who would be able to conduct the investigation into the allegations of misconduct against Mr Lampe.
The council’s director of service delivery Laurie O’Connor has been appointed acting general manager.
