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by Sahar Foladi
Greater Dandenong Council may be set to re-draft its policy on councillors running as state and federal election candidates.
ALP-member councillor Lana Formoso made the request after unleashing criticism at the Greens endorsed councillor Rhonda Garad during councillor question time on Monday 10 February.
Garad – a second-term councillor who ran in the 2023 Mulgrave state by-election – is running in the upcoming federal elections in the Bruce electorate currently held by Labor MP Julian Hill.
The council has since confirmed she has acted in accordance with its councillor code of conduct.
Cr Formoso implored council to have its own policy on councillors “who continually take time off their council roles to campaign for state and federal elections” to safeguard transparency and conflict of interest.
“I note that it has been brought to my attention that councillor Garad is the Greens endorsed candidate for seat of Bruce in the upcoming federal election which has been up on the Greens website for quite some time,” Cr Formoso began.
“I have a few residents expressing their concerns on this matter.
“Councils who are serial moonlighters as federal and state candidates whilst occupying their roles at council must be transparent and held to account to protect the ratepayers.
“I want our council to do better and we should do better.
“I really look forward to this and I’m sure the ratepayers do as well.”
She went on to read the Municipal Association of Victoria (MAV) guidelines on the councillor’s duties upon their nomination for state or federal elections.
They advise a candidate must submit a written letter to the chief executive officer, apply for a leave of absence and not attend any council meetings as a councillor amongst other things.
Jacqui Weatherill confirmed that Cr Garad gave her a verbal statement and nothing on paper which left a “flabbergasted” and “gobsmacked” Cr Formoso to say Garad “failed in her duty to disclose this very significant and consequential fact to the CEO”.
In her defence, Cr Garad says she’s not bound by the MAV guidelines and has been compliant with the council’s current policy on the matter.
She described the attack as “incorrect” and “defamatory” information against her in the public forum.
“Of course council should have the best practise policies. I always want us to be doing things at the highest level.
“This verbal attack was false in every way, holding me to MAV guidelines which is not our policy.
“This calling out and extraordinary outrage, it was so performative. There’s no substance to it. Why did the chair allow it to continue?
“I am attacked in an open meeting – to what advantage?
“I’m not sure why a Labor aligned councillor would attack a Greens councillor who is standing against a Labor MP.”
She says it was the same policy she followed in the Mulgrave by-election also followed through by then mayor of Greater Dandenong Eden Foster now Mulgrave MP, questioning why the need for this issue to arise now.
“You stand down when you have nominated and polls open,” she says, also adding she had told all the councillors and nothing was kept a secret.
A long term previous councillor at Dandenong Council Peter Brown served in 2003-2016 and again 2019 to 2021 posted a supportive comment on a Facebook post which addressed the rundown of the council meeting.
He noted that the Australian Electoral Commission hasn’t declared the date of the federal election, “only then and when nominations open is a councillor constrained by conflict of interest provisions etc.”
“Cr Formoso was clearly attacking Cr Rhonda Garad just because she was an endorsed candidate for an election that has not yet been called,” he wrote.
According to Ms Weatherill, Dandenong Council’s previous councillor code of conduct stated “councillors endorse and commit to follow the existing Municipal Association of Victoria’s policy position regarding candidature of councillors in state or federal elections”.
“This code of conduct has now been superseded by the model councillor code of conduct that applies to all councils across Victoria. The new code does not have any specific provisions relating to councillors who are candidates for state or federal elections.
“In response to a request, a proposed policy on the candidature of councillors at state or federal elections and by-elections is expected to be brought to a Council meeting for consideration in coming weeks.”
Cr Formoso also commented on the contentious opposing petitions filed on the same evening on the renaming of the Thomas Street nickname ‘Afghan Bazaar’ to ‘Little Bamyan’ – the latter supported by Cr Garad.
“I’m committed to following proper process to make sure the community is consulted about any potential change and in particular ensure it doesn’t become a political platform for some,” Cr Formoso said.
“I take my responsibility as a councillor very seriously and so look forward to hear all of your perspectives before forming a view,” she indicated to the public gallery.
“This matter is very sensitive for members of our community and should not be something used to divide the community.”