Cade Lucas
Former Hobsons Bay mayor and long-time councillor Peter Hemphill has been suspended for one month after an independent arbiter made misconduct findings against him.
In findings tabled at a meeting of Hobsons Bay council on Tuesday, September 10, arbiter Simon Heath agreed with applications of misconduct made by fellow councillor and former mayor, Antoinette Briffa, against Cr Hemphill based on two separate incidents earlier this year.
The first application related to an email Cr Hemphill sent on February 29 to his fellow councillors and council staff, including legal counsel Diane Eyckens.
According to Mr Heath’s report, in the email Cr Hemphill referred to complaints made against Cr Briffa, including one made by himself, in 2011, 2013 and 2023, as well as an unsubstantiated allegation that Cr Briffa accosted a former mayor in 2014.
The arbiter found that by sending the email to councillors and council staff raising historical issues that had been dealt with and making allegations that were incorrect or misleading, Cr Hemphill had failed to treat Cr Briffa with “dignity, fairness, objectivity, courtesy and respect,” breaching standards of conduct set out in the Local Government Act.
The second application related to comments made by Cr Hemphill at a council meeting on June 11, when he claimed council’s ‘councillor complaint handling policy’ was ‘devised’ by Ms Eyckens but had ‘never ever’ been ratified by council, Mr Heath’s report stated.
While answering a question during the same meeting Cr Hemphill also revealed that a confidential complaint had been made against Cr Briffa by Ratepayers Victoria, the report stated.
In revealing a confidential complaint against Cr Briffa and asserting that Ms Eyckens ‘devised’ and used an unratified policy in dealing with it, the arbiter found Cr Hemphill had failed to treat either with “dignity, fairness, objectivity, courtesy and respect.”
He also found Cr Hemphill had failed to ensure he did not bring discredit upon the council.
Along with being suspended from council for a month from September 11, Cr Hemphill was also ordered to apologise to Cr Briffa and Ms Eyckens.
