NCAT to consider allegations of misconduct by former Wagga City councillor Paul Funnell while in office

Mr Funnell was referred to NCAT by the office of Local Government, at the behest of the Department of Planning, Industry and Environment, last year for alleged intimidation of councillors and council staff in breach of the Local Government Act.

A decision published by the tribunal on Friday outlined the two grounds of the complaint heard by NCAT deputy president Judge Susanne Cole in January, and determined it was in the public interest to conduct further proceedings.

Both grounds allege that Mr Funnell attempted to intimidate and impede the council and its staff from making a decision on a complaint made against him.

On September 14, 2020, consideration of a complaint concerning then-Councillor Funnell was deferred to the next Wagga City Council meeting.

That night Mr Funnell left a voicemail on the phone of council general manager Peter Thompson informing him that he would bring legal action against him should the consideration go ahead, NCAT outlined in its decision.

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"G'day Peter - Paul Funnell. I know it's late, I'm back at work. Let me tell you I work harder than you do, and I earn far less. If you can't take a phone call that's your prerogative," he said in the voicemail, according to the transcript.

"If this goes ahead, if you defer this, get ready for legal action and you can play your little toy card. Use this recording. Do whatever you like. You're a disgrace and you're just running cover and I will prove it. I think you better just dismiss this whole situation - thank you."

The executive director alleges the voicemail "comprised or involved intimidation" by Mr Funnell.

The former councillor is also accused of attempting to intimidate other councillors by making legal threats against them in a council meeting two weeks later.

On September 28 the council was due to deliberate on the complaint made against Mr Funnell when he read a statement declaring "that if the current matter proceeds beyond this notification the appropriate legal action will be entered into against each individual councillor who participates".

"This notification applies to councillors, not the entity known as Wagga Wagga City Council. Regards, Walsh & Blair."

The executive director alleges this action caused three councillors to walk out, leaving the meeting short of a quorum and therefore delaying the consideration of the complaint.

Mr Funnell, who resigned from council in December 2021, has not denied leaving the voicemail.

In a submission to NCAT he characterised the voicemail "as initially apologetic for calling so late" and then "quite fairly, puts Mr Thompson on notice that he intends to pursue legal action should the matter proceed".

The submission states that while calling Mr Thompson a disgrace "might not be welcome", it was not "calculated to impeded or disrupt the consideration of a matter under the procedures".

Mr Funnell said the statement to his fellow councillors was not "was not in any way intended to dissuade councillors from carrying out their lawful functions" and described the "pursuit of this trivial complaint by members of council" as "vexatious and driven by personal motives".

"No basis has been put forward for the allegation that this referral has been brought about by members of council," Judge Cole said.

Mr Funnell sought to have this matter dismissed, however the tribunal decided a reasonably arguable case has been established by the office of local government.

The matter is listed for a directions hearing on March 7.

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