Call for Mallard to resign
Openly gay Liberal and City of Sydney councillor Shayne Mallard is facing a call to resign over claims of a conflict of interest on development applications.
The call comes from Andrew Woodhouse, president of the Potts Point and Kings Cross Heritage Conservation Society, in response to information identified by the Greens’ Democracy4Sale project.
“[That] Cr Shayne Mallard … has allegedly breached both council’s own code of conduct and the NSW Department of Local Government code by accepting personal donations and then voting on DAs is of serious concern,” Woodhouse said.
“We believe Mallard should resign or immediately step down pending an inquiry into his activities.”
In 2008 and 2009 donations totalling $11,000 were made to Mallard’s election campaign by hotelier George Thomas through three separate companies, making Thomas Mallard’s largest donor for that period.
However, when development applications for two hotels owned by Thomas, the Gaelic Club and Aurora Hotel, came before council, Mallard voted on both.
The NSW Department of Local Government code and City of Sydney Council code of conduct both require councillors with a non-pecuniary interest to absent themselves from a vote.
Mallard originally contested the conflict, telling Central magazine the donations were made to the Liberal Party, so the matter was open to interpretation.
However, Mallard recorded the donations as personal with the Electoral Funding Authority, and now concedes he is in breach of the code.
“The issue is not that I didn’t declare an interest, it is that I declared the wrong type of interest in the hierarchy of interests outlined in the code of conduct,” Mallard told Sydney Star Observer.
“I did not actively participate in the debate on these applications and subsequently the matter was unanimously approved by the council.
Woodhouse has complained to council via email, however, a spokesperson for the City of Sydney told SSO that complaints needed to be received by the council’s CEO in a written letter before steps could be taken.
“Once a formal complaint has been lodged, Cr Mallard should stand aside until the investigation is completed,” Democracy4Sale’s Dr Norman Thompson told Sydney Star Observer.
The latest on Mallard is shocking. Why does the gay community put up with someone who supposedly represents us while engaging in such behaviour? It only brings shame to all of us gay men.
Clover Moore must do something about this disgraceful situation.
Isn’t this basically a bribe Mallard has accepted?
Surely, he must resign or at least step aside pending any enquiry.
How do we know whether there aren’t more instances like this?
And does his Liberal-buddy, Malcom Turnbull, approve of these shenanigans I wonder?
If he has nothing to hide, he has nothing to fear from standing aside pending an Enquiry.
Mallard…Resign.!!…you have finally been caught out…this will be a good thing as you have always been an embarrasment to the G&L Community.
From http://www.democracy4sale.org
Liberals betray public trust by hiding their donations
The NSW Liberal Party has all donations to campaigns in state electorates and local government campaigns funnelled through their head office.
This means voters don’t know who is funding the campaigns of their local candidates, including those running for local councils in NSW.
This has negative consequences for open government according to Norman Thompson at the recent Parliamentary inquiry into the 2008 council elections.
Councillors who receive more than $1,000 from a donor cannot discuss nor vote on any proposal submitted to council by that donor.
But due to the Liberal practice this requirement can’t be monitored.
And as Lee Rhiannon pointed out in a Parliamentary speech on 23 September 2009, at least one Liberal councillor appears to have voted for DAs from a donor who contributed to the councillor’s campaign before the councillor funnelled later donations through head office (see Rhiannon’ speech below).
CITY OF SYDNEY POLITICAL DONATIONS
Ms LEE RHIANNON [8.47 p.m.]: On 1 June this year City of Sydney Councillor Shayne Mallard participated in the discussion and voting on two development applications lodged by hotels owned by George Thomas.
These were items 10.8 and 10.9 on the City of Sydney business paper.
Thomas typically uses his hotel company, Argos Investments, to make his donations.
An examination of Councillor Mallard’s disclosure forms at the Election Funding Authority suggests that he has breached the City of Sydney code of conduct.
Councillor Mallard received $11,000 in donations from hotel companies associated with George Thomas between the period March 2007 and June 2008.
Under the code of conduct, councillors who receive more than $1,000 in donations from a company that submits a development application must declare a “significant, non-pecuniary interest” in the matter, not participate in the discussion or vote on the matter.
Councillor Mallard received donations from Argos Investments, George Thomas Hotels and the Thomas Hotels Group. These are related companies.
Donations from one must be added to donations from the other entities.
Councillor Mallard also failed to include addresses of many of his donors on his disclosure form as required by law.
It appears from an examination of Councillor Mallard’s submissions to the New South Wales Election Funding Authority that he has breached the model code, and thus City of Sydney’s code.
Councillor Mallard submitted one return to the Election Funding Authority in August 2008 and an amended return in September.
In the August return he stated he received $7,000 from George Thomas Hotels on 10 March 2007 and on the September return he stated he received $10,000 from Argos Investments on 9 March 2007.
Did he receive $17,000 or only $10,000?
The Democracy for Sale team has assumed he received $10,000 in March 2007, but we cannot be sure.
Councillor Mallard also received another donation of $1,000 from the hotel company on 26 April 2008.
This example highlights not only that Councillor Mallard breached the council’s code of conduct but also the difficulty in ascertaining all the information from the disclosure forms submitted to the Election Funding Authority about the donations received by a councillor.
The solution to Councillor Mallard’s woes and the inadequacy with transparency underlines the need for far-reaching reform of the electoral funding system.
Councillors and members of Parliament would not face the embarrassment associated with so many political donation exchanges if this exchange of private money for electoral purposes were banned.
Lodged by Suzie McPherson
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Shayne Mallard should now come clean and reveal to the public:
1 ALL his political donation sources,regardless of amounts, including any other money received from any pub or nightclub,
2 How many other times he has comitted the same breach, including his time on the former South Sydney Council,
3 What he intends to do about his admission he has breached Sydney Council’s Code of Conduct/ethics,
4 When he will pay all the donors’ money back – within 7 days?
5 How he intends to pay all Sydney Council’s legal and enquiry expences,
6 Reasons why he won’t resign immediately. Otherwise, how can we be sure he won’t do the same thing again at the next Council meeting?
7 Why he won’t publicly apologise, and
8 Ten clear, cogent reasons why this mess shouldn’t be referred to ICAC for corruption charges by any member of the public.
Yours faithfully
BS
Very sad, indeed, but no politician can afford to compromise his/her integrity so blatantly. Shane, I’m sorry, but you need to resign.
First Shayne Mallard said there was no issue about receiving money because he declared an interest.
Then he said the issue about voting as well was problematic.
Then he said the issue was really about what type of interest he declared, nothing more – a mere admin. hiccup perhaps?
Now, finally he “concedes he is in breach of the code”.
Voila! Bring back the guillotine, as we say.
Can we believe anything this guy says?
I always doubted Clr Mallard when he sided with that red-neck, Liberal Party, head honcho, Malcolm Turnbull, after he was outed as having being a closet straight and previously married.
Mr Mallard has more facets than a diamond but without the lustre.
I don’t trust him to represent me.
M.Palais
Darlinghurst NSW
Mallard should step down. Immediately.
A MURKY AREA
Councillor Shayne Mallrd has himself acknowledged the link between alcohol abuse and violence in the City’s papers.
Yet here we have him voting in favour of late night licensing for two inner city hotels, while declaring as “non-pecuniary interests” the donations he has received from the pubs’ owners and whose development applications he supports.
A murky area indeed!
Stuart Baanstra
Alexandria
I, for one, will not be voting for Mallard ever again.
Councillors receiving money for voting is just not on.
Yours faithfully
MARCUS
Councillor Mallard has done the wrong thing and must stand aside pending a full enquiry into his cash for consent scandal.
Taking money and then participating in debate while voting on a donors’ DAs in Sydney Council is unethical and illegal, possibly corrupt.
His flim-flam defence that he “did not actively participate” in debate is cavilling: his pro-DA vote says it all.
There should be $50,000 fines and automatic suspension from running for any public office for 10 years imposed: laws should be changed to reflect the community’s abhorence of this vile and venal behaviour.
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