City of Newcastle says information about its investigation into the CEO's links with a Newcastle Herald letter writer will remain confidential in line with its code of conduct.
Newcastle lord mayor Nuatali Nelmes said on July 27 she had written to the council's director of corporate services and public officer to initiate the independent investigation after the elected council on July 25 voted to support the inquiry.
Independent councillor John Church has raised queries about the investigation, lodging questions to the council's executive manager legal and governance asking who will select the investigator, who will write the terms of reference, when the investigation will begin and if there is a deadline for completion.
"What assurances can you give councillors that the selected investigator has not previously been employed by council, yourself or the CEO, so as to avoid a potential conflict of interest?" Cr Church asked.
Cr Church also asked if it was appropriate that the CEO remained in the chamber during the discussion of the matter at the council meeting, rather than recusing himself as the subject of the item.
A City of Newcastle spokesperson said information about code of conduct complaints, including management and investigation, is kept confidential and not publicly disclosed.
This is "to ensure procedural fairness for all parties" and is in line with section 12.1 of the council's Procedure for the Administration of The Code of Conduct, the spokesperson said.
"This requirement extends to all CN councillors and staff and any parties to an investigation and is consistent with the process used for previous code of conduct complaints," the spokesperson said.
"Investigations are governed by City of Newcastle's Code of Conduct for Staff, and the city's Procedure for Administration of the Code of Conduct - both of which are consistent with the Model Code of Conduct for Local Councils in NSW as prescribed by the Office of Local Government."
Meanwhile Labor councillors have stood by their motion and comments from the meeting after Wallsend MP called for an apology and retraction of what she called "untrue claims" made on the night, and said she was seeking legal advice regarding defamation action.
Ward 2 councillor Carol Duncan's motion calling for an investigation took aim at Ms Hornery, as the "investigations' most prominent public supporter ... who has waged a campaign against councillors via the media for nearly a year now".
"I am concerned and disappointed that councillors Duncan and Nelmes made untrue and potentially defamatory comments," Ms Hornery said.
"Consequently, I will be seeking legal advice on defamation action in relation to the comments."
Cr Nelmes and Cr Duncan said they had not heard anything from Ms Hornery or her lawyer.
"I stand by the motion adopted by council and published on the Newcastle Herald website as factually correct," Cr Nelmes said.
"None of us are above scrutiny not even Ms Hornery.
"Following council's adopted resolution to commence an independent inquiry in accordance with the city's code of conduct, I have today written to council's director of corporate services and public officer to initiate that inquiry.
"It will be undertaken in a professional manner at arms length, in accordance with the code of conduct.
"It is right that the inquiry be allowed to run its full course, and that due and proper process is followed at every step."
Cr Duncan said: "There are serious matters to be answered, which is the point of an independent investigation."
"I have not made any false statements," she said.
"It is a matter for the independent investigator to consider the circumstances surrounding this political smear campaign."
