The Barkly Regional Council mayor Jeffrey McLaughlin was driving a council vehicle when he was pulled over and charged by NT Police for driving under the influence of drugs, the chief executive officer Emma Bradbury has confirmed, but both the mayor and the CEO maintain the charge is a personal matter.

Mr McLaughlin has returned to the role of mayor following the granting of personal leave from councillors after he was charged for allegedly driving under the influence of drugs in late September.

The matter is before the courts and the mayor has strenuously argued that he is innocent.

The mayor did not respond to a list of questions from the NT Independent, including about the car he was driving when he was arrested by police, and how he could still explain the charge was a person matter when it had been confirmed he was driving a work car.

Both the mayor and Ms Bradbury have previously said it was a personal matter and did not concern council business. The NT Independent had been told by sources Mr McLaughlin had been driving a work car when caught, and during an interview with the NT Independent this week Ms Bradbury confirmed that it was “a matter of fact” he was driving a council car, after previously not responding to questions about the matter.

But she maintained it was a “personal matter”.

“I respectively, respectfully decline to make any comments in relation to, um, that situation beyond what I’ve already said, which is that the entire matter, it was a personal matter,” she said.

“And that the use of the mayoral vehicle was entirely, uh, according to policy, as it was written.

“And I cannot comment beyond that.

“…I can’t comment on this….the entirety of it is a personal matter.”

When asked what would happen if a Barkly Regional Council employee was charged with having drugs in their system while driving a council car she said the NT Independent could read the council’s policy on the matter but did not explain what the policy was, and said she was not prepared to comment further.

“Councillors are bound by their code of conduct, and councillors are not staff so I am going to respectfully, really respectfully ask you accept that I cannot comment further on this matter. It’s a personal matter and I cannot comment, ” she said.

Under the Barkly Regional Council employee code of conduct, driving a council vehicle in a dangerous or intimidatory manner is listed as serious misconduct, and the employee may face instant dismissal if substantiated.

Also listed as serious misconduct is failing to comply with health and safety regulations, and breaches of the Barkly Regional Council’s key policies, including the safety rules and the drug and alcohol policy.

Further, staff can be dismissed if their actions that have the potential to bring Barkly Regional Council into disrepute, and actions that have caused, or have the potential to cause, Barkly Regional Council to lose trust and confidence in the employee, including dishonesty, lack of integrity and unfair behaviour.

And other offences deemed by the management as a termination offence under common law or which is deemed contrary to safety, security, good working practices or a serious contravention to the employer’s.

Less serious misconduct includes: “reporting to work in such a physical condition as to be unable, in Barkly Regional Council’s opinion, to safely perform work.”

The Barkly Regional Council councillor’s code of conduct is much less specific, and does cover what happens if a councillor is charged with a crime, being more general in nature.

In part it states: “Members must act honestly and with integrity performing official functions. A member must act with reasonable care and diligence in performing official functions. A member must be prepared at all times to account for the member’s performance as a member’s use of council resources”.

At the time of McLaughlin’s charges the ABC said the Department of the Chief Minister and Cabinet said council members could be ejected from office under the Local Government Act’s disqualification criteria, however arrest did not disqualify someone from being a councillor.

Last week four councillors resigned in two days from the Barkly Regional Council, with one councillor. Noel Hayes telling ABC Alice Springs radio last Friday he probably would not have quit of the mayor had resigned from his position.

“Well, I’ll be honest with you….I think if the mayor would of, you know, after he got caught, and went for the first court case, had resigned…I probably would have been still there,” he said.