Investigation into the conduct of the City of Canada Bay Council mayor and others (Operation Tolosa)

Findings, opinions and statements 3

Allegations are not findings. A commission's finding or opinion of corrupt conduct or misconduct is not a finding that a person is guilty of a criminal offence, and the commissions say so in their reports.

1. serious corrupt conduct

   Finding

   The Commission found that Mr Tsirekas engaged in serious corrupt conduct by:

   Report, page 8, Summary of investigation and outcomes

2. serious corrupt conduct

   Finding

   The Commission found that Mr Chidiac engaged in serious corrupt conduct by: • between December 2015 and February 2019, providing benefits to Mr Tsirekas as a reward or inducement to favour his or I-Prosperity’s interests in relation to Council decisions regarding planning matters affecting 1–9 Marquet Street and 4 Mary Street, Rhodes (chapter 4).

   Report, page 9, Summary of investigation and outcomes

3. Section 74A(2) statement

   Prosecution statement

   The Commission is of the opinion that consideration should be given to the suspension of Mr Tsirekas from civic office with a view to his dismissal in relation to the serious corrupt conduct findings set out in chapter 4.

   Report, page 9, Summary of investigation and outcomes

Recommendations 4

1. Recommendation 1

   That the Department of Planning and Environment: amends the Model Code of Conduct for Local Councils in NSW to expand the stand-alone categories of interests that require disclosure in written returns to include financial dealings conducted via trusts and partnerships produces a fact sheet and updates guidance material for councillors to provide details about their disclosure obligations to include financial dealings conducted via trusts and partnerships.

   City of Canada Bay Council – allegations concerning the Mayor and others (Operation Tolosa), Recommendations for corruption prevention

2. Recommendation 2

   That the Department of Planning and Environment: amends the Model Code of Conduct for Local Councils in NSW to specifically require councillors to disclose political donations received under electoral laws of the Commonwealth, or another state or territory, as non-pecuniary conflicts of interest issues a circular to assist councillors in the disclosure of political donations, including those received in other jurisdictions, as non-pecuniary conflicts of interest.

   City of Canada Bay Council – allegations concerning the Mayor and others (Operation Tolosa), Recommendations for corruption prevention

3. Recommendation 3

   That the Department of Planning and Environment: takes steps to require councils to proactively release relevant business papers, correspondence and reports where confidentiality under Part 1 of Chapter 4 of the Local Government Act 1993 no longer exists, either via initiating an amendment to legislation or a regulation, and/or amending the Model Code of Meeting Practice for Local Councils in NSW and The Closure of Council Meetings to the Public guidelines advises councils of an appropriate framework for considering the release of information previously considered confidential.

   City of Canada Bay Council – allegations concerning the Mayor and others (Operation Tolosa), Recommendations for corruption prevention

4. Recommendation 4

   That the Department of Planning and Environment limits the ability of a council to make decisions to advance planning matters at meetings in the absence of an assessment report considering relevant matters and an associated recommendation.

   Report, page 9

Published responses 6

• 24 month progress report - Department of Planning, Housing and Infrastructure

  Progress report

• ICAC response to DPHI 24 month progress report

  Progress report

• 12 month progress report - Department of Planning, Housing and Infrastructure

  Progress report

• ICAC response to DPHI 12 month progress report

  Progress report

• ICAC Letter response to DPHI re Action Plan

  Action plan

• Action plan - Department of Planning, Housing and Infrastructure (DPHI) (pdf)

  Action plan

Coverage

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