HOBSONS Bay Council last night voted to seek a report that could see Councillor Peter Hemphill pay his own legal bill over his serious misconduct allegation against mayor Tony Briffa.
In August, an independent councillor-conduct panel found Cr Briffa had breached the council’s code of conduct in relation to three emails sent to former Mobil public relations adviser Maureen Short.
But a second complaint by Williamstown North’s Cr Hemphill over the adequacy of Cr Briffa’s apology has led to a three-day hearing at the Victorian Civil and Administrative Tribunal.
A serious misconduct finding at VCAT would see Cr Briffa stood down as mayor and disqualified from standing for mayor for four years.
Altona North ward councillor Michael Raffoul last night moved that the council seek a report to look at applying to VCAT to make the applicant, Cr Hemphill, pay his own legal costs.
Cr Briffa waited outside the council chamber during the vote due to conflict of interest as a party in the matter.
Cr Hemphill was not at the meeting for ‘‘family reasons’’.
A report to the council stated that ‘‘indemnity for costs incurred by a councillor against whom allegations are made may be available under the councillors and officers liability insurance policy.’’
It continued that ‘‘the policy does not extend to indemnify the applicant.’’
Cr Hemphill estimates his legal costs could run up to $25,000.
Cr Briffa, who may be covered by the council’s insurance policy, estimates his total bill could run to $140,000.
Full report in the Weekly next Wednesday.
