Apology was 'refused'

The code of conduct was in relation to a breach of confidentiality regarding Station Street in Bowral.

Despite being asked three times during the February 27 ordinary meeting of Wingecarribee council, Cr Scandrett said he had 45 days to apologise under the Local Government Act.

However Mayor Gair said council imposed a different resolution of 27 days.

This council resolution overrules the Local Government Act in this instance.

"As such your refusal will be forwarded to the Office of Local Government [OLG] for their comment," Mayor Gair said. "You put words in my mouth," Cr Scandrett said.

"No councillor Scandrett..." Mayor Gair said.

"You said refusal, I haven’t said refusal," Cr Scandrett said.

"I have asked you three times whether you would do a written [apology]..." Mayor Gair said. "You’ve refused tonight, that will be reported to the Office of Local Government," Mayor Gair said.

At the February 13 meeting, a motion was passed that the final investigation report into the breach be considered in closed council.

A council staff member said at the February 27 meeting "just over $24,000" was the amount of cost to council at this point in time in relation to the code of conduct. Mayor Duncan Gair said this amount had been paid out to the reviewer.

The review said that Cr Scandrett was found to have "acted in a matter to contravene the confidentiality provisions of councillors code of conduct".

The review also found Cr Scandrett "failed to maintain the integrity and security of information provided to him [and] failed to protect confidential information."

"He released confidential information without authority and used it for the purpose other than that intended," Mayor Gair said.

"Based on the findings of the independent reviewer, council is satisfied that Cr Scandrett has engaged in misconduct on more than one occasion under 440G and section 664 of the Local Government Act.

"They are the findings and the resolution of the previous council meeting."