Recommendations for disciplinary action

The ICAC recommends that the Office of Local Government should give consideration to the following matters:

  1. The immediate suspension of Ivan Petch from civic office with a view to his dismissal pursuant to section 440B of the Local Government Act 1993 ("the LG Act") in relation to his intention to improperly influence John Neish's exercise of his public official functions by arranging to convey a threat to Mr Neish in relation to his position as general manager, actions that the Commission considers amount to serious corrupt conduct (in accordance with section 74C(2) of the Independent Commission Against Corruption Act 1988).
  2. The immediate suspension of Mr Petch from civic office with a view to his dismissal pursuant to section 440B of the LG Act in relation to his release of confidential information about the discovery of adult material on Mr Neish's computer, including his attempts to leak the material to the media, actions that the Commission considers amount to serious corrupt conduct (in accordance with section 74C(2) of the ICAC Act).
  3. The immediate suspension of Mr Petch from civic office with a view to his dismissal pursuant to s 440B of the LG Act in relation to his release of confidential information to Mr Anthony and Norman Cerreto with the intention that the information would be provided to John Goubran and used by him for his benefit, actions that the Commission considers amount to serious corrupt conduct (in accordance with section 74C(2) of the ICAC Act).
  4. The immediate suspension of Mr Petch from civic office with a view to his dismissal pursuant to s 440B of the LG Act in relation to his intention to improperly influence Danielle Dickson's exercise of her public official functions as the Council's acting general manager by making a threat implying that he would not support her application as permanent general manager unless she resolved Supreme Court proceedings in a way favourable to him, actions that the Commission considers amount to serious corrupt conduct (in accordance with section 74C(2) of the ICAC Act).
  5. In the event that Mr Petch is not dismissed as a result of recommendation (i), (ii), (iii) or (iv), the Commission recommends that the Office of Local Government gives consideration to:

  6. disciplinary action against Mr Petch, pursuant to section 440H and section 440L of the LG Act, in relation to breaches of clauses 5.8, 5.9 and 5.10 of the 2011 City of Ryde Council Code of Conduct, as well as section 664 of the LG Act, relating to the disclosure of confidential information concerning the discovery of adult material on Mr Neish's computer, matters that could amount to misconduct as defined in section 440F of the LG Act
  7. disciplinary action against Mr Petch, pursuant to section 440H and section 440L of the LG Act, in relation to breaches of clauses 5.8, 5.9 and 5.10 of the 2011 code of conduct, as well as section 664 of the LG Act, relating to his disclosure of confidential Council information concerning the Council's waste collection and disposal contract and the proposed Ryde civic precinct redevelopment, matters that could amount to misconduct as defined in section 440F of the LG Act.

Pursuant to section 467 of the LG Act, the Commission also refers to the chief executive of the Office of Local Government the parts of this investigation report that relate to possible breaches by Mr Petch of clause 4.2 of the 2013 code of conduct, as well as section 451 of the LG Act, relating to Mr Petch's failure to declare a pecuniary interest in relation to John Booth and The Weekly Times when dealing with matters relating to the Council's advertising before Council.

Updates

Mr Petch was suspended from civic office on 30 June 2014.