Wyndham council has narrowly voted not disclose the legal advice it consulted when deciding the future of $36 million left over from developer contributions in Point Cook.
At a council meeting in March, the majority of councillors voted against a motion seeking to guarantee the funds be spent in the same suburb in which the mnoney was raised based on legal advice that council could spend them anywhere in the municipality.
The legal advice has not been publicly disclosed.
On August 26, Cr Susan McIntyre raised a motion to publicly release the legal advice to ensure transparency and community trust retained.
“This isn’t history, the money has not yet been spent, the community is engaged and they want answers,” Cr McIntyre said.
“It isn’t an insignificant sum, it is in the tens of millions.
“By refusing to release the advice, speculation grows [and] people wonder why contributions collected for Point Cook are allowed to be spent elsewhere.
“We can’t build trust by hiding information, we can build it by showing it.”
Cr Peter Maynard backed releasing the legal advice, claiming what was in confidence poses Wyndham no legal risk.
“I think it would show openness and transparency, and hopefully stifle some of the commentary around what we should or shouldn’t be doing,” Cr Maynard said.
Councillors Jennie Barrera and Shannon McGuire disagreed.
“The motion, I think, is clearly driven by frustration over the advice and decisions that the mover doesn’t like,” Cr Barrera said.
“Personal displeasure should never be the basis for setting a precedent that would undermine legal privilege.”
Cr McGuire said that Wyndham has collected $88 million in developer funds from Point Cook, but spent $143 million on developments in the suburb.
“Fifty-five is the number that should be plastered in the news– the millions of dollars that have been spent on the development of Point Cook, over and above our obligations.”
Mayor Mia Shaw said she is tired of being lectured by fellow councillors on transparency surrounding the funds.
“To continue to be lectured by some people around this table is offensive.”
The motion was lost six to five.
