President of the Orange Triathlon Club has called for Councillor Kevin Duffy to resign following an "apology" regarding comments he made stating he would like to "scatter a few" cyclists.
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While discussing speeding issues on Racecourse Road at the May 17 council meeting, Cr Duffy said he supported Cr Jack Evans' call for a report into the matter.
"My biggest problem with driving down there every day is those people on those two-wheel things running around, we'd like to scatter a few of them," Dr Duffy said, referring to cyclists.
Following on from these comments, president of the Orange Cycle Club, Neil Yeo, said "at minimum" the councillor should issue an apology. Mr Yeo did not go as far as to call on Cr Duffy to resign.
At the next meeting of Orange City Council on Tuesday, June 7, Cr Duffy addressed his previous "scatter" comments.
"I made this comment in jest towards the CEO ... I apologise to the CEO and apologise to any of those who have actually misconstrued what the actual intent was," he said.
"I've been contacted by a number of teachers and a number of ex-policeman that said that it means a different thing but that's ok, I apologise to those who have misconstrued the intent of it."
Not good enough
But in the eyes of OTC president Steve Martin, this was not a true apology and said further action should be taken against the councillor.
"I don't think his apology was genuine," Mr Martin said.
"I think he had been made to make an apology. He's already stated to the media that he stands by his comments that he made and it's hard to misconstrue comments like 'I'd like to scatter a few of them'. He's apologised that people misconstrued his words, well, nobody has misconstrued his words."
Orange council is required to have a Code of Conduct in accordance with section 440 of the Local Government Act, which set firm rules about how staff, elected councillors and volunteers should conduct themselves when involved in Council activities.
In the council's code of conduct, it states that "you must not conduct yourself in carrying out your functions in a manner that is likely to bring council or holders of civic office into disrepute".
Specific points under this also state that a person must not act in a way that "causes, comprises or involves intimidation, harassment or verbal abuse" and that council staff must "treat others with respect at all times".
While a council spokesman was unable to say if a formal complaint had been lodged against Cr Duffy or not, he did say people were free to submit complaints.
"This code includes a confidential complaints process, to protect both the person making a complaint and the person being complained about, while the merits of a complaint are being assessed," the spokesman said.
"Any member of the community can make a complaint if they believe there has been a breach of the code. Complaints made under the Code of Conduct are managed in accordance with the Procedures for the Administration of the Code of Conduct.
"The Code of Conduct is available on Council's website which includes a part on how complaints are administered."
In a speech Mr Martin prepared for Tuesday's council meeting, he listed the names of six friends and family who had been killed or badly injured as a result of being hit by vehicles.
This included Soolan Clifford, a wife and mother of two teenage children from Mudgee. She died in 2019 after being hit by a car.
Mr Martin made note of how the council, as a whole, has helped grow cycling within Orange.
"The council itself has been very good and helped promote all the clubs, so that has to be noted that I don't think it's a general feeling by other councillors or council staff themselves," he said, referring to Cr Duffy's comments.
"A number (council staff) are cyclists and have been very helpful in getting cycling promoted in the region. It's disappointing when we're trying to encourage regional trails when you get a bus driver making comments like that in public."
Mr Martin said Cr Duffy should no longer be able to represent Orange as a councillor.
"When someone makes public comments like that, I don't think they're suitable to be on council or the road safety committee," he said.
"I don't think he should be on council or the road safety committee. I think he should resign."
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