Clover cleared over Barangaroo conflict

An independent reviewer has found Lord Mayor Clover Moore did not breach Council code when she voted in favour of Barangaroo developers while on the Barangaroo Development Authority Board.

The investigation launched after Greens Councillor Chris Harris accused the Lord Mayor of a significant conflict of interest when she voted against a $10,000 grant to help the Environmental Defenders Office litigate against certain works at Barangaroo.

Before the vote Cr Harris forwarded the Lord Mayor legal advice to disclose a non-pecuniary interest and absent herself from all debate and voting.

Her deciding vote scrapped the motion.

Cr Harris told Council the Lord Mayor had been wrongly cleared.

“I’ve had some further advice, and I think there’s been errors of law made in this determination, however … I don’t know if it’s possible for me … to put this motion to Council and have it passed,” he said.

“I won’t be taking this any further.”

The reviewer, solicitor John Bollard, found the interest didn’t conflict with the Lord Mayor’s public duty.

“I have little difficulty in finding that the Lord Mayor’s BDA Board membership imposed upon her a public duty – and was not a private interest,” he wrote.

He cited “‘competition’ between two public duties”, rather than conflict.

He then said the “conflict of duties” would have been avoided if the Council’s nominee was neither an employee or Councillor of the City.

Council will forward the determination to the Division of Local Government.

Cr Harris said the complaint wasn’t a personal attack.

“This is not vexatious, nor is it frivolous. If it was in fact those two things, the CEO would not have proceeded it to the point which she did.”

During the Lord Mayor’s time on the board at least three Councillors had voiced concerns about the position constituting a conflict of interest, including Cr John McInerney from Clover Moore’s own team of independents.

Council’s Chief Executive Officer, Monica Barone, who appointed the independent reviewer, had previously told Council there was no conflict.

“We go there and represent what you have told us to do… we are in there every single day trying to get those results you have asked us to get,” she said.

The Lord Mayor resigned from the BDA Board early this month, citing a lack of public accountability and transparency.

by Lawrence Bull