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A Snowy Monaro councillor is set to be disqualified from holding civic office for five-years, after being handed a third consecutive period of suspension from local government. The NSW Department of Planning, Housing and Infrastructure handed Andrew Thaler his third three-month ban from his Snowy Monaro Regional Council role on Wednesday, over breaches of conduct. The report by Department Secretary Kiersten Fishburn referred to "misconduct" in the form of publicly available comments Cr Thaler made on social media and in videos published between May 8 and August 30. According to the Local Government Act 1993, a councillor is to be disqualified from holding civic office for five years if they are handed three suspension orders. "Those elected to serve as councillors have a responsibility to conduct themselves appropriately, in accordance with the expectations of the community." The report noted Cr Thaler still has a pending appeal from his second suspension before the New South Wales Civil and Administrative Tribunal (NCAT). "His second suspension remains before the New South Wales Civil and Administrative Tribunal," Ms Fishburn said. Social media misconduct The report detailed Cr Thaler's 15 breaches of the Snowy Monaro Regional Council's code of conduct and a breach of the Local Government Act. They relate to comments Cr Thaler made on social media and in videos between May 8 and August 30, including about current and former politicians, council staff and members of the public. The report noted some of the comments targeted "individuals' physical appearance, sexual orientation, gender identity, or contain[ed] sexually suggestive remarks" and "were intended to offend". This third strike comes after Cr Thaler was suspended without pay for three-months in May, and again for another period in July. "They're keeping me out because I tell the truth. That's what this is about." The report stated Cr Thaler's submissions about his conduct "demonstrate an ongoing risk that [he] may continue to engage in such conduct... thereby posing a serious risk to the health and safety of those targeted". "Cr Thaler has demonstrated a disregard for the consequences of his actions, and a focus on justifying his conduct rather than expressing any contrition or remorse," the report read. In June, Cr Thaler failed in an attempt to appeal his first suspension in the NCAT, and the appeal for the second suspension is still before the courts. Cr Thaler said he would lodge an appeal for this third suspension and was still working with the community regardless. "It doesn't matter whether I'm banned or not," Cr Thaler said. "I get more done outside of the council than I get done inside of the council because of all of the council's rules. He was also ordered to apologise for his "ongoing pattern of inappropriate conduct", and it was noted he had not apologised as directed in his previous suspensions. "I will not apologise to bullies and I will not apologise while matters are under appeal," Cr Thaler said. Three-strike system The NSW government amended the Local Government Act in 2015, and introduced a section that would automatically disqualify councillors from office once they receive three suspensions. Lithgow City Council councillor Martin Ticehurst was disqualified under the provision in 2016, the only other instance of a councillor being dealt with under the provision. The ABC understands that the vacancy filled by Cr Thaler's disqualification would need to be filled via a by-election. The Office of Local Government confirmed Cr Thaler's suspension and disqualification are due to come into effect on November 6, pending other legal appeals.
