A Tasmanian councillor who was found guilty of sexual offences has been given the maximum penalty his fellow councillors could seek to impose on him — a three-month suspension for breaching the code of conduct.
Waratah-Wynyard Councillor Darren Fairbrother refused to resign after he was found guilty in Burnie Magistrates Court and fined $800 for flashing his penis three times at crown prosecutor Kate Brown and her son on a beach in January last year.
The suspension means Mr Fairbrother will not serve again before the October local government elections.
Fellow councillors unanimously moved a vote of no confidence in Mr Fairbrother in June, before lodging a complaint against him with the Local Government Code of Conduct Panel.
He had long argued because he was not acting as a councillor at the time of the incident, it could not be considered a breach — a contention the panel rejected.
"This was a serious breach that undermined public confidence in Councillor Fairbrother, the council and his local community," the panel wrote in its decision.
"His behaviour was disgusting, disreputable and without justification.
"Councillor Fairbrother took little action to mitigate the effects of his actions on the council and has displayed little insight into the effects of his actions."
Community 'expects a high standard' from officials
Deputy Mayor Mary Duniam and councillors Andrea Courtney, Kevin Hyland and Celisa Edwards lodged the complaint with the panel at the same time a member of the public made their own.
Head of the Local Government Association of Tasmania and West Tamar Mayor Christina Holmdahl told ABC Northern Tasmania the community "expects a high standard" from their elected members.
"I think the decision that was made is appropriate," she said.
The issue enraged the Wynyard community, with an online petition garnering more than 300 signatures calling on Mr Fairbrother to step down.
'At least it's been brought to a close'
Retiring Waratah-Wynyard Mayor Robby Walsh said the saga had been a "hot topic" and a cause of stress in the community.
"I did think it would be a fairly strong suspension," he said.
"I believe it's done him an enormous amount of damage for continuing down the road of not resigning in the early stages."
Mr Walsh said the issue had given the area unwanted national exposure.
"It's shown where we are on the map in a very big way, but this is publicity we would have preferred not to have experienced."
Mr Walsh said he and the general manager had checked in on Mr Fairbrother to ensure his mental health.
A state government review of the code of conduct and the severity of its sanctions is currently underway.
Mr Fairbrother has been contacted for comment.
