SOUTHWELL and LOCAL GOVERNMENT STANDARDS PANEL

The matter of Southwell and Local Government Standards Panel concerns a dispute arising from a Facebook post made by Councillor Southwell, who objected to a council decision made during a closed session. The Local Government Standards Panel found that the post constituted a minor breach of the Local Government Act. Councillor Southwell appealed this decision to the tribunal. The tribunal had to determine whether the Facebook post contained information that Councillor Southwell acquired at the closed meeting and whether the information was already in the public domain.

The central issue before the tribunal was whether the information in the Facebook post was acquired at the closed meeting and therefore confidential, or whether it was already in the public domain. The tribunal found that the minutes did not clarify whether the declarations made by the President and the CEO were done before or after the meeting was closed. The tribunal also found that the lack of clarity did not affect the outcome of the proceedings. The tribunal concluded that the information in the Facebook post was already in the public domain and, therefore, not confidential.

In light of the tribunal's findings, it concluded that the decision of the Local Government Standards Panel to find a minor breach was incorrect. The tribunal set aside the decision of the Panel and made no order as to costs.

The tribunal's decision provides clarity on the circumstances in which information acquired at a closed meeting may be disclosed on social media. The decision also highlights the importance of clear and accurate record-keeping by councils in relation to closed meetings.