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Playford Council CEO row: Conflict of interest claim over law firm Norman Waterhouse

One of the state’s major law firms is at the centre of a conflict of interest row as a misconduct crisis engulfing an embattled northern Adelaide council took a new twist.

Dr Mal Hemmerling and Playford Mayor Glenn Docherty in 2015 after he became the CEO.
Dr Mal Hemmerling and Playford Mayor Glenn Docherty in 2015 after he became the CEO.

One of the state’s major law firms is at the centre of a conflict of interest row as a misconduct crisis engulfing an embattled northern Adelaide council took a new twist.

City-based Norman Waterhouse was last week instructed to help Playford Council defend its bitter legal dispute against boss Mal Hemmerling.

Dr Hemmerling, 72, was suspended more than a fortnight ago on full pay from his $366,287-a-year chief executive role over claims of “serious and wilful misconduct”.

Ratepayers, who live in economically challenged areas, have spent more than $200,000 on multiple internal inquiries into senior managers.

But as Dr Hemmerling, of Stirling, threatens legal action, the council is facing fresh controversy after it hired a fourth law firm over the row.

Sean Keenihan at Norman Waterhouse. Picture: Mike Burton
Sean Keenihan at Norman Waterhouse. Picture: Mike Burton

Norman Waterhouse, a well known local government firm with 25 lawyers in its council team, was hired to defend against a possible defamation lawsuit, anything of “general corporate interest” and any “incidental” problems triggered by the bullying inquiries.

But now Dr Hemmerling is challenging their appointment, according to a letter that asserts the firm had a “conflict” that prevented it from providing advice on internal misconduct.

The 98 year-old firm’s chairman Sean Keenihan told Dr Hemmerling in August that they could not offer help because it had advised council on his employment contract, lawyer Greg Griffin claimed.

Sam Green is the council’s acting CEO. Picture: Facebook
Sam Green is the council’s acting CEO. Picture: Facebook

Dr Hemmerling, who denies wrongdoing, wanted advice on a consultant’s report, which “dealt with the conduct of senior managers … and their apparent interference” with a female staffer’s complaint against him.

Mr Griffin wrote to the firm on Tuesday threatening legal action, including an injunction, if it did not withdraw its service.

He said his client was “understandably very concerned” about the conflict no longer being an “impediment”.

Neither acting CEO Sam Green — who earns $273,270 with a ratepayer-funded car — nor the $77,796 paid mayor returned calls on Tuesday while a council spokeswoman later refused to comment.

Mr Keenihan, who is also the South Australian Tourism Commission chairman, was unavailable for comment on Tuesday night.

Original URL: https://www.adelaidenow.com.au/news/south-australia/playford-council-ceo-row-conflict-of-interest-claim-over-law-firm-norman-waterhouse/news-story/0b691616f6986d5b807e260e434de9b4