New Whitsunday Regional Councillor Clay Bauman caused a stir at the most recent Ordinary Council Meeting by declaring a conflict of interest despite receiving legal advice to the contrary.
Councillor Bauman submitted conflict-of-interest documents in reference to the Whitsunday Regional Council Planning Scheme Major Amendment last week, stating in the document that his conflict was due to an earlier “submission on the draft Major Amendment and long-term personal interest in maintaining amenity with continued low-rise development in Airlie Beach.”
The Statement Mr Bauman made is in reference to his strong pre-election advocacy against the development at Port of Airlie – which is currently being scrutinized in the Queensland Planning and Environment Court – and whether he would be required to leave the room during any conversations on planning matters.
“We all know I’ve had a long, strong, very vocal personal interest in planning for the future of the Whitsundays,” Mr Bauman said.
“I did look into this quite a lot before I nominated for council because I did not want to be here if I couldn’t be an effective Councillor. I have done this genuinely to bring this out into the public so there is a discussion whether I have a right to be involved in the vote in the greater public interest.”
Some council members were confused by Mr Bauman’s declaration, as according to Whitsunday Mayor Julie Hall, Council had enquired with legal aids as to whether Councillor Bauman had a conflict of interest –the legal advice affirming he did not.
Councillors John Collins and Michelle Wright pointed to the lack of respect in the Council's seeking of legal advice and in disputing the advice, as well as Mr Bauman calling his abilities as a Councillor into question.
“Sometimes it’s best to leave sleeping dogs lie, honestly, Councillor Collins said.
“You didn’t have to make it all about you – that’s what you’re doing here. I’ll be honest, I can’t support you with this. You don’t have to make a big thing of it.”
Council was given two options in a formal vote: Do not allow Mr Bauman to remain in the room with regards to Major Scheme Amendments in briefings, workshops, or regular meetings; or he could remain.
“By us making this decision here today, it is saying that the majority of the council thinks I can act in the public interest,” Mr Bauman said.
Council Resolved that Councillor Bauman be allowed to stay in the room on these matters, with the motion passing 4/2 (Councillor Michelle Wright and Collins against).
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