Playford councillors lodge code of conduct complaint against Mayor Glenn Docherty over handling of Mal Hemmerling case
The Playford Mayor is facing an internal revolt over his handling of a workplace complaint against former chief executive Mal Hemmerling.
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Playford Mayor Glenn Docherty is facing an internal revolt over his handling of a workplace complaint against former chief executive Mal Hemmerling.
The council’s 15 elected members have voted unanimously to complain about Mr Docherty to the State Ombudsman for allegedly breaching its code of conduct.
The decision was made during a council meeting on January 22 which received an independent report from a human resources company.
The report was commissioned after the elected members received legal advice last October which detailed Mr Docherty’s involvement in a sexual harassment complaint against Mr Hemmerling.
Councillors sought the legal advice after learning the complaint had been made by a female staff member last July but they were not informed by Mr Docherty until a councillor sent him an email seeking information last October.
The legal advice said Mr Docherty was briefed about the complaint by the council’s deputy chief executive, Sam Green, within 72 hours.
Mr Green assumed control of the matter with human resources manager Paula Paterson because it involved Mr Hemmerling, and the staff member wanted it to be formally investigated.
Mr Green recommended Mr Docherty call a special council meeting to brief elected members but this was cancelled after the female staff member agreed to have the matter resolved informally.
This followed a meeting between the woman and the council’s former director of strategic projects and assets, James Pollock, who has since resigned from council.
“The (initial) complaint process relied upon was that as agreed with the mayor and for which legal advice was obtained,” says the report.
“The mayor was responsible for communicating with the CEO throughout the process.
“For example, correspondence was signed by the mayor, the mayor provided notification of the complaint and the mayor advised of the change in process from a formal to an informal one.”
Councillors first learnt of the complaint on October 13 — one month before the council elections — when long-term member Max O’Rielly copied them in on an email he sent Mr Docherty.
The email said: “I believe there has been a serious complaint regarding the CEO and the matter has not been reported to council. What is going on? I am copying this message to all councillors.”
Mr Docherty called a special council meeting on November 5 when elected members were in caretaker mode for the local government elections 12 days later.
The meeting received legal advice which recommended the council engage an independent expert to investigate its workplace safety.
Elected members were told there was “significant circumstantial evidence of a bullying culture at the ‘top end’ of the organisation that gives rise to actionable adverse impacts on the health of workers and the safety of the workplace”.
“There is a weight of evidence that suggests the council is failing in its protection of its employees within the workplace,” it said.
The legal advice said there were a number of unanswered questions about the handling of the complaint against Mr Hemmerling, why Mr Pollock had met with the staff member and why Mr Hemmerling had ordered various reviews into senior management.
The meeting voted to suspend Mr Hemmerling on full pay while a human resources consultancy, Peacemaker, conducted an investigation.
It provided preliminary findings on December 5, leading to a decision by elected members to terminate Mr Hemmerling’s $372,978.66 a year contract, extended last May until September this year.
The council received the final reports from Peacemaker at its meeting on January 22, including one which examined Mr Docherty’s handling of the complaint against Mr Hemmerling.
Elected members voted unanimously to refer Mr Docherty to State Ombudsman Wayne Lines for an alleged breach of conduct.
Mr Docherty, who has absented himself from all council meetings involving the Hemmerling matter because of a “perceived” conflict of interest, did not respond to requests for comment from Northern Weekly.
Emails seeking comment were sent to all elected members but none responded.
Mr Lines said he was unable to provide comment.
PLAYFORD COUNCIL IN CRISIS
2018
May: Consultant engaged to examine ongoing tensions within council executive management team. Contract of chief executive Mal Hemmerling extended.
July 26: Female staff member lodges sexual harassment complaint against Mr Hemmerling. Complaint referred to deputy chief executive Sam Green and acting senior manager organisational development Paula Paterson to formally investigate.
July 30: Mayor Glenn Docherty told by Mr Green about complaint and advised to call special council meeting to inform members.
August 1: Special meeting called off after senior executive James Pollock meets with complainant, who agrees to an informal process. Elected members are not told about complaint.
October 12: Councillor emails Mr Docherty asking why elected members were not told about complaint and requests full briefing.
November 5: Mr Docherty calls special meeting while council in “caretaker mode” for elections. Elected members receive legal advice and suspend Mr Hemmerling on full pay.
November 17: Council elections held, with nine new members elected.
November 21: New council briefed on situation, receive legal advice and reports.
December 5: Elected members terminate Mr Hemmerling’s contract.
2019:
January 22: Elected members vote unanimously to refer Mr Docherty to State Ombudsman over his handling of the issue.
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