COUNCIL DANGER ZONE
Gutwein’s threat of fresh suspension
LOCAL Government Minister Peter Gutwein says he has the power to issue a new suspension of Glenorchy City Council as its mayor warns it would be “dangerous” to let the aldermen return.
Following the Mercury revealing the damning findings of the second Board of Inquiry report yesterday, Mr Gutwein announced he had received advice he could suspend the aldermen again under the Local Government Act.
If the Government does not act, the aldermen could be returned at the end of their ban on August 8, after a Supreme Court action delayed indefinitely the release of the inquiry report.
Suspended mayor Kristie Johnston, right, said the council was “seriously dysfunctional” and the leaking of the report showed it could not continue in its current form.
Mr Gutwein said he had received advice a council could not be dismissed before a Board of Inquiry had delivered its report to him.
“However, I can suspend the councillors of a council while the Board of Inquiry is conducting its work, as I did earlier this year,’’ he said.
“The suspension of the Glenorchy aldermen is due to expire on August 8. I am advised that I can exercise the power to suspend again and when that time comes I will consider all options available to me.
“Residents can be assured that I will always act in the best interests of the Glenorchy community.”
The latest Supreme Court challenge all but ensures Mr Gutwein will not receive the report before the expiration date of the aldermen’s suspen- sion. Ald Johnston said it would be unhealthy for the Glenorchy community for the aldermen to return.
“It is disappointing that the Board of Inquiry report has been released this way. There’s a process that it should have gone through and the report formally provided to the community,” Ald Johnston said.
“However, the community can now see that the board and the inquiry has done a thorough and lengthy investigation.
“It has always been my position that this council is seri- ously dysfunctional. I supported the minister’s suspension and I continue to support the suspension because it is dangerous at this stage to let the council in its current configuration to be put in place.”
Suspended alderman Matt Stevenson said the situation had now reached “farcical levels”.
“Those holding up the process should allow the board to finalise the report and let the minister consider its findings,” he said. “It is a sad situation that we find ourselves in this position.”
Other suspended aldermen contacted by the Mercury yesterday said they believed it was not appropriate to comment on the report as it had not yet been released.
Denison MP Andrew Wilkie backed Ald Johnston’s comments.
“The Glenorchy City Council saga has dragged on far too long because of a group of aldermen who, in my opinion, are determined to stand in the way of Kristie Johnston,” he said. “I share the concerns of many members of the Glen- orchy community who want to see the council sacked for good and a new election held as soon as possible.”
Labor’s local government spokeswoman Madeleine Ogilvie said this showed that the whole Board of Inquiry process was flawed.
“The ratepayers of Glenorchy have every right to be furious, not only with the enormous cost but also with the lack of transparency,” she said.
“The longer this matter is allowed to play out the worse it becomes.
“I am absolutely prepared to step in and bring all of the parties to the negotiating table, if there is a willingness on their part to negotiate an outcome that sees an agreed pathway back to democracy.”
Glenorchy commissioner Sue Smith said she could not talk about any of the board’s findings until they were made public, but revealed there were aspects of the council she had to address when appointed in February.
And as for Mr Gutwein’s announcement that he can ex-
tend the suspension of the aldermen, Ms Smith said the minister was in the box seat.
“There were certainly issues [when I arrived] and some of those issues couldn’t wait on a Board of Inquiry report and some of those issues that I have dealt with as they come,” she said.
“The minister has got his advice so the minister will take some actions before August 8.”
The Mercury revealed yesterday the Board of Inquiry found: COUNCIL failed to determine and monitor the applications of policies, plans and programs for the efficient and effective management of council’s assets. A STAFF member failed to comply with the principles of good governance and effective leadership. COUNCIL failed to comply with GCC policy, such as its policy for Code for Tenders and Contracts and Purchasing Card Procedures. A NUMBER of significant council operations and projects, such as the long-running KGV redevelopment, were failed to be monitored by a staff member. THERE were numerous examples of staff providing inaccurate or confused advice to the council, with the readiness of some aldermen to accept it contributing significantly to the dysfunctionality of the council.
THE failure to correct or retract this advice also contributed to the council’s woes.
A STAFF member failed to provide aldermen with critical reports they should have had to fulfil their functions, the most notable was the withholding of the CT Management Report into council restructure.
DELAYS to providing reports on performance against the annual plan and budget meant the council was unable to monitor its progress through the financial year.
A STAFF member failed to provide aldermen with timely and accurate answers regarding the productivity dividend in the 2016-17 budget when requested. A STAFF member acted “unethically and unprofessionally” and in breach of his functions under the Act when providing a revised contract of employ- ment which, if accepted, potentially would have provided substantial personal and monetary benefits to him as well as severely limiting the mayor’s ability to oversee and assess his performance.
A STAFF member, on behalf of the council, incurred significant expense in accessing retrospective legal advice regarding his dealing with the CT Management contracts and services because he could not explain to the satisfaction of some aldermen his failure to tender for projects which in total have cost council over $500,000 since October 2014.
The recommendations, revealed by the Mercury in February — that the aldermen be sacked, a commissioner be appointed for 12 months and an extensive review of management practices be undertaken — remains the same in the second draft report.