A code of conduct complaint made by George Town Mayor Bridget Archer against George Town Councillor Heather Barwick has been upheld by the Local Government Code of Conduct Panel. Cr Barwick was issued a caution by the panel and is required to attend extra training in relation to her confidentiality obligations, after releasing information about the council’s legal costs to MLC Ivan Dean. Cr Archer made the complaint on August 22 and alleged that Cr Barwick breached Part 5 of the Code of Conduct by providing information obtained in a closed council meeting held on July 18 to Mr Dean. It was further alleged that Mr Dean used this information as the basis of a Right to Information request on behalf of Cr Barwick.  In an email to Mr Dean, Cr Barwick shared details of legal costs relating to enforcement proceedings over the Memorial Hall, legal advice for elected members and public question time. The RTI was refused on the basis that the information sought was exempt as the information would be privileged from production in legal proceedings. In its determination the panel found “that Cr Barwick had an obligation to keep the information confidential”. “Mayor Archer said that she had felt obliged to make the Code of Conduct complaint as the issue of confidentiality of elected members had been an ongoing problem for the George Town Council,” the panel’s determination said. “Mayor Archer explained that if Cr Barwick was concerned about expenditure on legal matters or any other items, she could have submitted an RTI request …  [or] used other mechanisms provided under section 28 of the Act.” Cr Barwick denied she has breached the Code of Conduct and said she had tried to get details of the legal costs from general manager John Martin but was refused. She told the panel “she considered it part of her role as a councillor to ensure that ratepayers' money is spent wisely and accordingly she needs to know the full facts of the expenditure.” Mr Martin said it was standard practice to place legal matters on the closed agenda, a practise the panel said should be reviewed “The panel’s view is that the practice of automatically placing all legal expenditure items within the closed session of council ... may amount to a breach of the regulations.”

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