Can Barry Sack Marrickville Council?
So Barry O'Farrel has decided that if Marrickville Council doesn't stop with the Anti-Israeli Boycott, he will step in and recommend that the Governor sack them.
Can he do it?
Yes. The legislation is pretty clear on this.
Governor may dismiss mayor and councillors
255 Governor may dismiss mayor and councillors
(1) The Governor may, by proclamation, declare all civic offices in relation to a council to be vacant if:
(a) a public inquiry concerning the council has been held, and
(b) after considering the results of the inquiry, the Minister has recommended that the Governor make such a declaration.
(2) The Governor may, by proclamation, declare all civic offices in relation to a council to be vacant if the Independent Commission Against Corruption, in a report referred to in section 74C of the Independent Commission Against Corruption Act 1988 , recommends that consideration be given to the making of such a declaration because of systemic corruption within the council.
(3) If the Independent Commission Against Corruption makes such a recommendation, all civic offices in relation to the council may be declared vacant under subsection (2) without the holding of a public or other inquiry concerning the council. However, the making of such a recommendation does not preclude the holding of a public or other inquiry.
It's the first clause that the Premier can use to sack the Council for not coming to heel on the BDS issue. At no point does it say that anything other than an inquiry has to be held (it certainly doesn't specify that if the council is not found to be neglegent, corrupt or incompetent it should be left alone). All the Premier has to do is consider the results and then make his recommendation to the Governer.
It's actually a very open ended clause when you think about it, and it gives the State a hell of a lot of power of the Local Government bodies.
Should Barry sack Marrickville Council?
That's a completely different question. Personally I don't think the BDS will do much to scare Israel back to the path of the right and good, we're talking about a country that has had a siege mentality essentially since it was formed (with some justification I might add). It also would be better balanced with similar action against say Iran (known backer of terrorist organisations and brutaliser of its own people).
However. There is a very fine line that O'Farrell needs to tread when dealing with this. While everyone is bang on the side of dealing with ineffective or corrupt councils, sacking an elected council because they take an idealogical stance different to your own is scary making. Barry might be better off by letting the people decide in six months time (Local Government elections are being held in September this year). If the move is unpopular then the people will express that at the ballot box.
Taking the decision to remove elected officials out of the hands of the people is always worrying, especially when there is no evidence of anything but a difference in ideologies.
