Kempsey Shire Council has formally censured one of its own, Cr Noel Selby, and asked him to resign over a Facebook comment an independent investigator found he posted.
The council made the move at its meeting on Tuesday, 20 October, under section 440G of the Local Government Act 1993. Censure is the strongest sanction available to the council, so the matter has now been referred to the Office of Local Government for consideration of further action.
Councillors also asked Cr Selby to take part in the Men’s Behaviour Change Program.
The case goes back to mid-April, when the “Selby Noel” Facebook account commented “pity he hadn’t bashed you” on a woman’s post. A complaint followed, and an independent conduct reviewer investigated under the Code of Conduct procedures.
Cr Selby was given notice of the allegations. He had the chance to respond in writing, be interviewed, comment on the draft report, and address the council.
The investigator found, on the balance of probabilities, that Cr Selby “did post the comment from his Facebook account”. The investigator found the comment breached the Code of Conduct and recommended censure. The council accepted the findings and set out its reasons in a public resolution.
Mayor Kinne Ring said councillors had balanced procedural fairness with community expectations.
“We understand why many people have been upset by this matter,” Mayor Ring said.
“As elected representatives, we must uphold the standards our community expects and hold ourselves to the same standards we ask of others.”
“Councillors also wanted to make clear that violence against women is a serious issue across Australia and in our community.”
Cr Selby says he is staying. He told The Mid North Coaster’s Doug O’Connor he would not step down, and that he was taking a holiday with his phone off until early November.
“I won’t be resigning,” Cr Selby said.
The council cannot suspend or remove a councillor. Its powers are limited to the sanctions in the Code of Conduct framework, and broader disciplinary powers rest with the Office of Local Government. A censure has no legal or financial effect. The Office of Local Government can suspend a councillor for three months at a time, and three suspensions lead to disqualification.
Anti-violence advocate Sherele Moody earlier called on the council to hold Cr Selby to account, and urged him to retire.
“This is not just a situation where an apology is sufficient,” Ms Moody said.
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