Carol Altmann – The Terrier

Update: The deadline for the Warrnambool City Council to lodge its sworn written evidence (affidavits) in defence of its sacking of former CEO Peter Schneider passed at 5pm tonight – and nothing has been lodged with the Supreme Court.

As far as I know, there has also been no request for a further extension.

What does this all mean? I am not a lawyer, but perhaps it means the matter will be settled out of court, or a judgment will be made purely on the sworn statements supplied so far by Mr Schneider and former Mayor Tony Herbert or….

The hearing date is set for 1 February 2021. A lot can and will happen between now and then, including, of course the election of a new Warrnambool City Council.

We shall wait to see how those final numbers fall, but word is that change is firmly in the air, if not an unprecedented number of new councillors being elected in one swoop.

The VEC website is now saying we should have results from as early as Monday.

Have a good weekend.

Carol Altmann – The Terrier

Does bullying and intimidation just disappear?

It’s seven months since a leaked staff survey at Lyndoch Living revealed poor staff morale and serious allegations of intimidation and bullying that went right to the very top – nothing has been heard of it since.

Was anything done within Lyndoch to address these allegations, and to lift poor staff morale?

This is another question to add to the list for tomorrow’s (27/10) Annual General Meeting, which we cannot attend as it’s by invitation-only Zoom (Lyndoch says a recording will be uploaded later to its website).

It’s a question that should concern us all.

Long-term readers will know that The Terrier has written a series of stories questioning why more than 80 staff had left the aged care home in the past two years, amid allegations of staff being targeted, bullied and devalued.

The special survey was held in response to these stories and the results leaked in March confirmed the toxic environment.

A majority of respondents raised issues of being overworked and under-valued, and claimed management favoured some staff over others.

Two-third of respondents said Lyndoch did not uphold its values, starting from the CEO down.

The survey then went on to report this bombshell:

“A small sample of around 10-15 respondents stated that the CEO’s culture of intimidation, manipulation and bullying greatly impacted their safety, health and wellbeing.

They said they witnessed her bullying others and making decisions in regard to her own self-interests and not the organisation as a whole.”

Sadly none of the allegations in the survey came as a surprise to me, as by March I had spoken to dozens of people who all told the same heartbreaking and terrible stories of being managed out, pushed out, demeaned, isolated, or cut loose.

Lyndoch’s culture, like that of the Warrnambool City Council, had gone bad.

South-west MP Roma Britnell, a former nurse, had been similarly contacted by people seeking her intervention and in March she demanded a meeting with the CEO and Lyndoch board.

Then Covid-19 hit.

And the meeting between Ms Britnell and Lyndoch never happened.

So, I have to ask again, does bullying, intimidation and low staff morale just disappear?

Of course it doesn’t.

As of today, I have never had a response from Lyndoch to requests for a comment on this staff survey, the allegations, or what actions it has taken to address the allegations, but CEO Doreen Power told the local newspaper at the time that she would “take on board” the findings.

Ms Britnell, in a statement, said she continues “to have discussions with Lyndoch Living on a range of matters”, which – I guess – is hopeful.

In the meantime, Lyndoch is about to launch another anonymous staff survey – this one is held every two years – to again take the pulse on staff wellbeing and whether everyone is heading “in the same direction”….rather than, perhaps, out the door.

“I encourage you to be completely honest,” Ms Power has written in an email to staff.

Well, yes, but what happens after the staff are honest, as they were the last time they were surveyed?

That’s what I am hungry to know, as are all those who have left Lyndoch these past five years in less than happy circumstances.

This next survey is being run by Alignment Partners, owned by a fellow named Michael Webb, who has worked in the past with Lyndoch on management-type issues.

So many surveys.

I made a promise to those who entrusted me with their stories that I would not look away until the issues and allegations were addressed and we, as the community who owns Lyndoch, could take comfort that they were being addressed.

It’s the same promise I made to Warrnambool City Council staff who filled out survey after survey for a decade and saw nothing change…until everything blew open.

We may not be able to Zoom in on the Lyndoch AGM tomorrow, but we are watching.

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Carol Altmann – The Terrier

What’s happening at Lyndoch Living?

It’s been a long time since I have written about Lyndoch Living – our other high-profile public institution which, in recent years, has become an increasingly closed shop – but with its AGM next week, the time is right to dive back in.

I do so under the tight collar of yet another legal action against The Terrier by Lyndoch Living – my third in 12 months.

This one has been running for some weeks now and I can’t tell you much more than that…for legal reasons.

I often wonder how much money has been spent by Lyndoch on hiring the classy Collins St law firm, K & L Gates, to go after The Terrier?

Perhaps this could be one of the questions at the AGM next Tuesday at 4pm?

Another, more pressing question I planned to ask concerned the $2 million budget blowout for the Swinton Wing upgrade and expansion which had its online, virtual opening in September.

The upgrade was reportedly budgeted at $11 million, but came in at $13 million.

Where did the extra $2 million go?

Another important question I was keen to raise related to the recent fire sale of the Waterfront Living swish apartments which, as long-term readers would know, failed to fully sell since being built in 2014.

This is largely because – according to real estate watchers – those on the south side of the “Rolfanna” apartment complex were in the shade and over-priced.

In 2014, the cheapest apartment in this block was $420,000. 

The last one is now under contract, having been listed at $305,000 – a $115,000 nose dive. Ouch.

A bunch of smaller, less salubrious residential units next to “Rolfanna” are for sale for as little as $185,000.

Did Lyndoch need to liquidate some fast cash to move on to the next part of its $100 million masterplan?

Good question!

Except I won’t be asking questions at the AGM, and neither can you.

That’s because the AGM will be online via Zoom and – unlike the virtual grand opening of Swinton Wing – is strictly invitation only and we haven’t been invited.

I have contacted several families of residents to see if they have been invited and no, they didn’t even know the date of the AGM, which once-upon-a-time was advertised widely and weeks in advance.

[I learned the date just last week, after a couple of emails to the Lyndoch media unit.]

Us mere mortals who have not been invited will have to wait for the video recording to be uploaded to the Lyndoch website, which sounds sort of reasonable….except we are still waiting for the video from the 2019 AGM to be uploaded to the Lyndoch website.

More importantly, we don’t get to ask any questions next Tuesday and – I suspect – that is the whole point.

Those who have been following this Lyndoch story from the beginning (last October), know that Lyndoch – despite being community owned and built on the generosity and support of locals – has changed to a Company Limited by Guarantee and is now a very tight shop.

At last count, it had just 16 members: nine board members, the Lyndoch executive and two life members, so every member is from within Lyndoch itself.

As long-term readers know, everyone from the wider community who has applied to be a member these past 12 months, has been rejected for what we might now call the “Peter Schneider clause“, no reason.

Even Vicki Jellie AM and retired lawyer Lynn Hudson didn’t make the cut.

In this climate of litigation, frustration and obfuscation, I feel we have only one choice and that is to appoint our own Member Of Lyndoch (External) to represent us.

So meet Abbey the Airedale Terrier, also known as a Waterside Terrier (which seems fitting), a breed known for being intelligent, outgoing, alert, confident, friendly and….courageous.

Abbey is just what we need in the kennel and she will be sniffing out some important issues in the lead-up to the Lyndoch AGM that still require answers.

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Carol Altmann – The Terrier
As promised, I am determined to keep unpicking the stories in and around the sacking of the former Warrnambool City Council CEO, Peter Schneider.

One of them is how the acting CEO, Vikki King, kept her other job as a senior council manager.

Let me break it down.

Before becoming acting CEO on 14 July, Ms King was the council’s Director of Community Development and had been since 2015.

But that contract was due to expire in the first week of August.

I have since learned that this position was going to be advertised by Mr Schneider and, of course, Ms King would be able to apply.

(This is not unusual in the public service, where there are no guarantees a contract will be renewed, or – if you re-apply – that you will be reappointed.)

As it came to pass, Ms King did not have to reapply for her job because, as we know, by the first week of August, Mr Schneider was gone and Ms King was named as his replacement for up to 12 months.

It was then revealed that Ms King was not only acting CEO, but would also continue on as Director of Community Development.

How?

Well, it turns out her contract was renewed in August for another five years.

How?

Well, as acting CEO, Ms King can’t hire herself, but it is legal under the Local Government Act for a CEO to delegate this task off to someone else.

So Ms King was able to keep her old job by – as acting CEO – having someone else in council re-hire her.

Just to reiterate, such delegation is legal under the Local Government Act 2020, but does it pass the proverbial “pub test”?

I have been searching for another example of this very same scenario: where a senior council manager who was due to have their contract expire, is appointed acting CEO, and then delegates off the authority to re-hire themselves.

I couldn’t find an example – maybe you will have better luck – but no wonder it feels like Warrnambool has fallen down a rabbit hole and woken up to find a Mad Hatter’s tea party in full swing.

There are other questions:

Did the council use an independent consultant to help assess Ms King’s performance over the past five years?

This would help reassure all of us that this part of the resigning was completely at arm’s length.

Why was the reappointment for another five years and not 12 months or 24 months?

This would have allowed a new CEO to make his or her own decision on the position.

And, lastly, who was the council person delegated to re-hire Ms King?

My understanding is that it was not a senior council manager, as you would perhaps expect, but a part-time staff member.

We shall see if all of the above is made clear in the council’s responses.

As it sits, the council can’t start looking for a new CEO, because the old CEO – Mr Schneider – is taking action in the Supreme Court to try and get his job back.

That case could take several months to resolve.

In the meantime, Ms King has a new job, plus her old job, and the four councillors who got rid of Mr Schneider are seeking re-election.

Imagine if Mr Schneider is successful and resumes his spot as CEO?

More tea? Cake?

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Carol Altmann – The Terrier

For those who missed my post stream during the final meeting of the Warrnambool City Council, here is the string of revelations regarding the dumping of the CEO:

Good god – this is getting interesting! Cr Kylie Gaston has asked a number of punchy questions to the Mayor about the whole sacking of the CEO saga.

We are now learning:

1. Nine applications during the recruitment of the previous CEO went missing. The recruitment agency had an IT problem. (I hope we got a refund from that recruitment agency).

2. The council and CEO Schneider met on 21 February to discuss issues with the CEO’s performance.

3. Crs Cassidy and Herbert went to Peter Schneider’s private house on a Sunday morning on February 23 to discuss issues that Cr Cassidy had with the CEO. Cr Herbert set up this meeting. Cr Cassidy says she now considers it was unprofessional to have this meeting at Mr Schneider’s house.

4. Cr Gaston says councillors didn’t realise what they signed up for with the CEO’s contract that would allow such a big payout of around $364,000.

5. Another big allegation – that the former CEO signed up long-term contracts of several senior managers knowing that he was leaving. I wonder who these people were? (Ms King – the new acting CEO – was not among them.)

6. Cr Sycopoulis is raising whether the CEO payout is the end of the matter or if extra legal fees may be coming, if there is legal action by Peter Schneider.

7. Cr Gaston says a performance review of the former CEO in May was not favourable and that, in effect, his sacking was not “out of the blue”.

8. It sounds like the WCC didn’t know what it signed up for with the former CEO’s contract. (Good grief). The size of the payout came as a surprise. Not good enough councillors.

9. Bring on the election – there are no winners here.