Carol Altmann – The Terrier

I have been thinking about consequences and wondering if there will be any for what unfolded in the last 12 months of the last Warrnambool City Council.

Because while we wait to see if sacked CEO Peter Schneider wins his court case, there are some other potentially illegal dealings that also require attention.

The first is alleged fraud or alleged theft (take your pick) of public money as part of the corporate credit card scandal.

The council confirmed that the credit card misuse involving former tourism manager David McMahon was referred to the police, as recommended by the Ombudsman in her report tabled six months ago.

The police, I can only assume, are now investigating Mr McMahon’s repayment of more than $6000, the doctoring of receipts, and writing fake invoices that saw staff parties at the Lady Bay put down as “room hire” so they would be picked up by the public purse.

Despite leaving messages, I have been unable to get an official update from the detectives involved.

I wonder if charges will be laid, or if there are two sets of rules for so-called white collar and so-called blue collar crime?

Under that form of justice, if you pinch a mixed grill from Woolies, you are charged, but if you misuse thousands of dollars in public funds, you get to pay it back and that’s the end of it.

We shall see.

Second, we have confirmation that four former councillors sought detailed legal advice from the council lawyers, Maddocks, in Melbourne, to work out how to sack Mr Schneider.

This legal advice, as the Supreme Court heard last month, was not approved by the full council.

This is against the law.

Such legal advice normally costs money and is paid for from public funds.

Maddocks sent the council an invoice, but it was withdrawn and never paid.

These are the simple facts, so the question is: does an illegal act by four councillors become legal if the bill is torn up?

Can the former councillors involved – knowing the public was expected to pay the bill – just get away with it?

And, if so, who decided that the invoice would be withdrawn and why?

All of this was referred to the Local Government Inspectorate last year as part of a request for a broader investigation into the sacking of Mr Schneider.

Another spurious decision was also referred to the Inspectorate, which was the re-appointment of acting CEO Vikki King for another five years to her position as manager of Community Services.

Ms King’s contract was due to expire in August last year.

Ms King was appointed acting CEO the night Mr Schneider was sacked on 13 July.

As Acting CEO, Ms King delegated off the authority to re-appoint herself for another five years.

We still don’t know exactly who signed off on Ms King’s reappointment, but I understand it was a casual staff member.

These are the simple facts, so the question is: can a casual worker sign off on a $240,000 a year position and why didn’t a senior manager put their name to it?

The Local Government Inspectorate confirmed last August it has launched an investigation into Mr Schneider’s dismissal, and that investigation is ongoing.

Any details on the scope of the investigation, however, and how it is coming along, are strictly under wraps.

I recently contacted the LGI and the latest update is this:

“The Local Government Inspectorate is investigating a complaint in relation to Warrnambool City Council. This investigation is ongoing.

“The Inspectorate deals with complaints or requests for investigation in strict confidence and does not provide comment on investigations that are yet to be finalised.”

The passing of time does not diminish the importance of these ongoing investigations and the need for either closure or consequences.

Only then will this sorry chapter in our civic history be fully laid to rest.

By Carol Altmann

What the heck just happened?

Our Warrnambool City Council chief executive officer Bruce Anson earns a salary package of around $320,000 a year and yet it was left to a group of volunteers to reveal to us this stunning fact: racehorse training at Levy’s Beach is illegal.

Had Mr Anson not bothered to have his staff check this possibility before? Why not?

Why was it left to volunteers in the Belfast Council Reserve Action Group (BCRAG) to do all the leg work, which they did?

Even if Mr Anson hadn’t bothered to check the legalities since this whole racehorse issue blew open more than two years ago, he certainly knew about the legal issues by September 20.

 

That was when the Victorian National Parks Association (VNPA) contacted Mr Anson to tell him that the council was breaking its planning laws.

Mr Anson definitely got that memo, because he emailed a response to the VNPA soon after, saying he would ask the city planners to investigate.

(The city planners confirmed today that yes, it is illegal.)

Mr Anson was contacted on September 20 – almost a month ago – and yet he did not pass any of this critical information onto elected councillors, who found out about it last Sunday via an email from BCRAG.

 

The BCRAG email arrived just one day before councillors were to vote on whether to allow racehorses back in to Levy’s and it warned they were in breach of the law.

The vote went through 4/3 – Labor candidate Cr Kylie Gaston made sure of that – and the council agreed to once again issue permits to allow 60 horses a day on Levy’s beach and 40 on the dunes.

Let’s be super clear on what all of this this means.

It means elected councillors turned up to an urgent meeting called for Monday night to decide whether to allow dozens of racehorses back on to Levy’s Beach without having all the facts.

Facts that were already known to the CEO who seems determined, for reasons unknown, to make sure that what the Warrnambool Racing Club and Racing Minister Martin Pakula want, they get.

If this is not a red-hot scandal, I don’t know what is.

 

The thing is, it comes on the heels of so many other examples of information being provided to councillors or the public that is either wrong, mis-leading or incomplete.

Just this week we saw an attempt by council to chainsaw two 115-year-old Australian banyan trees from Raglan Parade this weekend because of false suggestions they were causing car accidents.

Last month we saw a mass correction published in the council papers when wrong budget figures were included in an earlier agenda.

Before that we saw rubbery figures provided to the public about how well Flagstaff Hill Maritime Village was travelling, when in fact it is going backward.

And that is just the stuff we know about.

Ratepayers – and councillors – rely on being given accurate information by its very well-paid senior council officers, with Mr Anson at the top of that tree.

We shouldn’t have to work this hard to get to the truth.

It shouldn’t be the case that every time a major issue arises, we have to strap ourselves in – volunteers, ratepayers, journalists, councillors – for another exhausting wade through the reports and fine print to see what is really going on.

But this has become the culture within the WCC and it is the culture that has developed under Mr Anson’s watch.

As BCRAG member Teresa O’Brien shouted out at Monday night’s meeting, “We just want to be told the truth”.

When the stakes are so high – wild beaches that will be trampled, or ancient trees that cannot be replaced – never has this plea been more important.

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[Note: What happens next with the racehorses on beaches? Now that the WCC has been found in breach of its planning laws, the State Planning Minister Richard Wynne may intervene and grant permission. If not, the WCC can amend its planning laws, but this is a lengthy process. The State Government moves into caretaker mode on November 1, before the state election on November 24. The Warrnambool Racing Club and Racing Minister Martin Pakula are desperate to have this resolved before then.]

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