SA Ombudsman Wayne Lines finds Robe Council and former CEO Roger Sweetman mishandled $296,000 marina upgrade

A regional council has been found guilty of maladministration and its retired chief executive guilty of misconduct after an investigation into a $296,000 marina upgrade.

SA Ombudsman Wayne Lines criticised Robe Council and former chief executive Roger Sweetman’s handling of a $296,000 upgrade of the Lake Butler Marina

A council has been found guilty of maladministration and its retired chief executive of misconduct over their management of a $296,000 marina project, following an investigation by the state’s public sector watchdog.

SA Ombudsman Wayne Lines has upheld a whistleblower’s complaint that ex Robe Council chief executive Roger Sweetman had breached code of conduct during oversight of an upgrade of the Lake Butler marina entrance, the cost of which later blew out by $120,000.

Mr Lines ruled the council had mismanaged public resources by failing to obtain multiple quotes for the project and had not made “meaningful inquiries” behind the marina’s cost blowout despite being informed of the need for more funds.

The marina project had an initial approved budget of $170,000 but was completed in December 2014 for $296,309 without toilets, gates or asphalting of the carpark, which were included in an original project estimate.

Mr Sweetman tendered his resignation in December at the same time the council secretly considered preliminary findings of the investigation.

The council publicly released Mr Ombudsman’s final report on April 2, the day after Mr Sweetman permanently left council, and three weeks after Mr Lines had provided the council with a copy of his report

Mr Lines found Mr Sweetman, who was employed in July 2012, had failed to seek tenders for various aspects of the marina project in breach of the council’s procurement policy.

“I understand that the CEO developed a strategy of managing the project in-house, allowing for better management of local contractors and suppliers,” he said.

“This is critical given the finding that the council did not properly apply the procurement policy.

“Although I have not quantified the possible financial overspend by the council not following the procurement policy, it is clear that the CEO had responsibility to ensure the procurement policy was applied.”

He said Mr Sweetman had breached the council’s code of conduct and had committed misconduct in public administration.

Mr Lines said the council had acknowledged it had failed to obtain the “requisite number of quotes” for “at least nine significant transactions” under the project.

“The failure to apply the procurement policy … reflects a practice or pattern of conduct resulting in a substantial mismanagement of public resources,” he said.

“Given the scale of the project and the fact that there was a failure to comply with the procurement policy on a significant number of occasions, I consider that mismanagement to be substantial.”

In a statement, published in the council’s April 9 meeting agenda, Mr Sweetman said he accepted findings that he had committed misconduct.

“I also acknowledge that I failed council in ensuring that the correct processes and procedures relating to obtaining quotations for goods and services regarding the construction of the marina entrance,” he said.

But he said he did not agree with Mr Lines’ “assumption” that the council may not have received value for money.

“I do not feel that the Ombudsman fully appreciates the difficulty in procuring goods and services with rural regional areas where the number of suppliers for certain products are limited,” he wrote.

“Both council and I acted in the best interest of the community in relation to … the project.”

Mr Lines has given the council until May 3 to report on steps it has taken to improve its policies.