Ex-Kangaroo Island Council chief Andrew Boardman and ex-mayor Peter Clements guilty of maladministration, says Ombudsman
The former chief executive and ex-mayor of a major regional council have been found guilty of maladministration over unauthorised payments.
- Kangaroo Island Council deputy quits after Xmas show
- The council’s chief executive sacked for ‘wilful misconduct’
- Burnside Council chief sacked without notice
- Grant Council chief also given the flick
Sacked Kangaroo Island Council boss Andrew Boardman will be ordered to repay $57,701 in wages after an investigation found he wrongfully claimed overtime payments.
The council’s former mayor has also been criticised by the state ombudsman for his role in approving the payments to Mr Boardman, whom the council sacked in February for wilful misconduct, following a separate independent investigation.
SA Ombudsman Wayne Lines has found Mr Boardman, who was appointed chief executive in July 2011, committed two counts of maladministration by claiming $57,701 in payments for working overtime, “without proper authorisation”.
Mr Lines also ruled ex-mayor Peter Clements committed maladministration for allowing “irregular and unauthorised use of public money”.
Mr Lines received multiple anonymous complaints that Mr Boardman had been paid for accrued time-off in lieu, which he found was not authorised under Mr Boardman’s employment agreement.
He said that the 82 days TOIL taken by Mr Boardman and six payments from May 4, 2015 to December 19, 2017 were “irregular payments” that were “outside the usual practice” for paying council CEOs.
He also found that Mr Boardman, who was on a $225,000 package at the time of his dismissal, committed “mismanagement” of public resources by applying for, and receiving the overtime payments.
Details of Mr Boardman’s additional TOIL payments publicly emerged after a Freedom of Information request by former Finniss MP Michael Pengilly, who defeated Mr Clements at last year’s council elections.
Mr Lines said there was “no meaningful oversight” of Mr Boardman’s use of TOIL, nor oversight of Mr Clements’ approval of payments.
“The amount of money and time paid to Mr Boardman for his additional services are significant amounts for the council to expend,” he said.
“It is particularly serious that it appears that Mr Boardman and Mayor Clements have purportedly varied Mr Boardman’s contract without council’s authorisation.
“I consider that Mr Boardman and Mayor Clements were operating on a false premise that Mr Boardman’s overtime was benefiting the council more than it was benefiting Mr Boardman.”
He said that the “informal arrangement” was not “dishonest”, and that it appeared that Mr Boardman and Mr Clements “honestly believed” the deal was appropriate to compensate Mr Boardman for working additional hours.
“However, the arrangement did not have the proper authorisation and Mr Boardman was receiving payments and leave benefits to which he was not lawfully entitled,” Mr Lines said.
He also found Mr Boardman, who denied all allegations according to the report, had committed multiple breaches of the Code of Conduct for Council Employees by mismanaging council resources.
“I consider that the general public would expect more from Mr Boardman and that Mr Boardman’s conduct could erode public trust and confidence in the council,” he said.
He has recommended the council seek Mr Boardman repay any funds to which he was not entitled.
In a separate report into Mr Clements’ conduct, Mr Lines said the ex-mayor had provided no evidence that the extra payments to Mr Boardman was a “prudent use of council resources”.
“Whether the arrangement with Mr Boardman represented value for money is not the point,’” he said. “The fact remains it did not have a lawful basis.”
He did not make any recommendations in relation to Mr Clements’ conduct because he was not re-elected at the November 10 council elections.
Mr Lines further recommended the council review approval processes for CEO leave and appointing an independent body to conduct performance reviews of the CEO position.
Mr Pengilly said the council would formally decide at Tuesday’s council meeting to take “immediate steps” to recover payments from Mr Boardman.
Mr Pengilly said the council would take “every step possible” to comply with the recommendations.
“By actioning the Ombudsman’s recommendations we will build a more robust governance foundation for council to conduct its business,” he said.
The Advertiser has attempted to contact Mr Boardman and Mr Clements for comment.