Move to suspend councillor after behaviour at Council ‘swearing in’

An Esperance Shire councillor moved to expel one of her colleagues after a string of minor conduct breaches, and incidents that occurred during and after last week’s special general meeting.

“I will not remain silent in the face of behaviour that is clearly inappropriate for any elected representative,” Cr Samantha Starcevich said at Tuesday’s ordinary council meeting.

“Following last week’s Special Council Meeting, I personally witnessed a disturbing incident of intimidation and bullying between Cr (Gemma) Johnston and a Shire employee. 

“Her conduct was unacceptable and it must be made clear that such actions have no place in this chamber, or within any part of this organisation.

A transcript of Cr Gemma Johnston’s speech to Council before Councillors voted for the Deputy Shire President.

“So I ask: How can this Council justify allowing such behaviour to persist? Should conduct that undermines respect, professionalism and safety be accepted by anyone sitting at this table, or by anyone working in this building?”

Earlier in the Tuesday meeting Cr Leonie de Haas had also remarked on Cr Johnston’s conduct the week before.

“Unfortunately, the evening was marred by the behaviour of a fellow Councillor who made an unwarranted, extremely disparaging speech in her bid to become Vice President,” Cr de Haas said (Weekender October 24).

“Further inappropriate conduct occurred at the farewell sundowner, where this same Councillor’s confrontational attempts to photograph our EA (executive assistant), against her wishes, caused visible distress. 

“Several of us felt compelled to intervene to protect her, as she was clearly shaken.

“This was not only deeply disappointing –- it detracted from the farewell of Cr McMullen and Cr Flanagan and failed to offer a respectful welcome to our incoming councillors.”

Cr Starcevich said in the past 12 months the Standards Panel found Cr Johnston guilty of committing multiple minor breaches. 

“In December 2004 the Panel found she had improperly involved herself in Administration, breaching Regulation 19, (Reference: Complaint 20240418),” she said.

“In January 2025, the Panel found she made disparaging remark about a fellow councillor on Facebook, causing disadvantage and breaching Regulation 18 and the Code of Conduct (reference: Complaint 20240419).

“Plus, the Behavioural Complaints Committee determined that Cr Johnston failed to observe the Shire’s Elected Member Social Media Policy, a policy that she herself endorsed.”

Cr Sam Starcevich’s comments that she read out in the council meeting.

Cr Starcevich said these were not isolated incidents.

“They show a consistent pattern of behaviour that is inconsistent with the standards expected of an elected representative,” she said.

“This is not a system of prejudice or bullying, nor is it a system of misjudgement. 

“It is a system of consistency and accountability, the same system that ensures all elected members are held to the standards we each agreed to when we were sworn in.”

Cr Starcevich said when breaches were proven, it was Council’s duty to act.

The discussion then moved behind closed doors, with no resolution recorded in the Council minutes.

Cr Leonie De Haas spoke these words at the council meeting.

Weekender understands local councils have no power to suspend or expel a sitting member.

However the WA Government has recently appointed Tony Brown as its first Local Government Inspector.

“The Inspector will have greater powers to investigate and intervene to ensure compliance with laws and codes of conduct, with a focus on early intervention so issues are identified and resolved before they escalate,” WA Local Government minister Hannah Beazley said.

The Office of the Local Government Inspector is scheduled to formally start operations from January 1.

Cr Johnston did not attend this week’s Council meeting.

Scroll to Top