Report reveals Playford Council besieged by bullying within senior management before dismissal of chief executive Mal Hemmerling

An explosive secret report has revealed Playford Council was besieged by infighting at its most senior level in the months before chief executive Mal Hemmerling was sacked — and risked being prosecuted for not protecting its own staff. READ WHAT STAFF SAID

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Playford Council was besieged by infighting at a senior level before chief executive Mal Hemmerling was sacked, a legal report says.

The report last October by Adelaide law firm Kelledy Jones said a consultant was brought in last May to ease tensions among council’s management team.

“It is understood that general and senior managers were interviewed as part of the process, with eight out of 14 stating there was a culture of bullying at the executive level,” says the report. “It is understood that this fact was made known to the CEO.”

The legal advice recommended elected members obtain an independent report from a workplace consultancy, Peacemaker.

The investigation by Peacemaker led to the termination of Mr Hemmerling’s contract in early December.

The lawyer who recommended engaging Peacemaker, Natasha Jones, warned the council’s 16 elected members, including Mayor Glenn Docherty, that they were at risk of being prosecuted for failing to provide a safe work environment for council staff.

Playford Council’s first meeting after Mal Hemmerling was sacked as chief executive is addressed by long-term former councillor Max O’Rielley. Picture: COLIN JAMES

Fines ranged from a maximum $3 million for a public body to $600,000 or five years imprisonment for public officers such as councillors.

In her report, Ms Jones told the council’s senior manager of corporate services, Rosemary Munslow, discord among managers had increased when a young female staff member lodged a complaint against Mr Hemmerling last July.

The woman initially said she wanted the complaint to be formally investigated by deputy chief executive Sam Green and human resources manager Paula Paterson.

She then changed her mind during a meeting with strategic projects and assets manager, James Pollock, who was personally recruited by Mr Hemmerling in 2015.

Ms Jones told Ms Munslow there were allegations the woman was “coerced” by Mr Pollock into agreeing to an informal process. He has since resigned from council.

The circumstances leading to their meeting were investigated by human resources consultancy, Peacemaker, which provided three reports to elected members, including one on Mr Docherty.

Councillors complained to Peacemaker that they were not told about the complaint against Mr Hemmerling until shortly before the council elections last November — three months after it was resolved through mediation.

Playford Council mayor Glenn Docherty and former chief executive Mal Hemmerling. Picture: Morgan Sette/AAP

They voted last month to refer Mr Docherty to the State Ombudsman for allegedly breaching the council’s code of conduct by exposing them to possible prosecution.

In her report, Ms Jones said there was “prima facie evidence” elected members were not meeting their obligations to provide a safe work environment because of “systemic ongoing bullying and harassment” among executives.

“From speaking to you and other employees, it appears that whilst there is evidence to support at least perceived bullying within the organisation prior to this year, there is prima facie evidence that this environment has recently escalated, contemporaneously with what appears to be the CEO’s dissatisfaction with the manner in which the complaint against him was (initially) handled,” she wrote.

Ms Jones said the bullying and harassment had to be “addressed to ensure that it is removed from the organisation to ensure it meets its legal obligations, not least in terms of a safe workplace”.

Mr Hemmerling is taking legal action claiming he was not afforded due process before he was sacked. His lawyer, Greg Griffin, said his client would not be commenting.

Mr Docherty has made no public comment despite numerous requests since November.

WHAT STAFF SAID

I think there’s an issue here around bullying and harassment — in particular at the executive level.

I think that some of the executive team focus more on their own self-interest than the needs of the community.

There’s a lot of dysfunction at the executive level of the organisation and that’s filtering down to the teams, preventing effective collaboration.

I feel like our culture is quite old-fashioned in terms of what behaviour is accepted.

There is bickering between the general managers.

There is nasty personal politics at the senior level of management.

There’s a lack of accountability so there is no consequence if people do not act professionally or provide service.

The executive team lacks cohesion and is pushing their own agenda.

Internal politics are getting in the way of getting the job done.

There’s a seemingly paranoid and dysfunctional executive.