State Ombudsman refuses to investigate Burnside Council CEO Paul Deb over conduct breach
A STATE MP has questioned the relevance of the state Ombudsman after he refused to investigate a council chief executive found by an independent inquiry to have breached his employment contract.
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A STATE MP has questioned the relevance of the state Ombudsman after he refused to investigate a council chief executive found by an independent inquiry to have breached his employment contract.
John Darley, MLC, says Ombudsman, Wayne Lines, is “totally ducking” his request to investigate Burnside Council leader, Paul Deb, giving “nonsensical answers” in a written response.
In a letter seen by The Advertiser, Mr Lines says matters raised over the conduct of Mr Deb, found by a leading Adelaide law firm in an inquiry instigated by the council to have failed to be “professional” and act in a “reasonable” way, are not within his jurisdiction to investigate.
“I’ve never seen anything as bad as that ‘do-nothing’ response … he’s totally ducking the issue,” Mr Darley said.
“It’s beyond frustrating and makes me think why do we have an Ombudsman for at all?”
In February, a special counsel for law firm Minter Ellison, found Mr Deb breached the Code of Conduct during dealings with Burnside councillor Lance Bagster, on two counts.
In a series of written communications in December, Mr Deb slammed Mr Bagster and questioned his mental state.
“If you hadn’t worked it out already, I’m not subordinate to you — this ain’t the army, buddy,” he wrote.
“Are you on your meds now? If not, you should be ... Cheers mate. Paul”.
Cr Bagster requested an apology along with “a change in attitude” from Mr Deb
The preliminary assessment report says Mr Deb failed to “discharge duties in a professional manner” and act in a “reasonable, just, respective and non-discriminatory way when dealing with all people”.
In his letter, Mr Lines says he can’t act under the relevant section 272 of the Local Government Act without referral from the Minister for Local Government, Geoff Brock.
But Mr Lines also notes Mr Darley has a letter from Mr Brock that tells him that the Ombudsman is “the appropriate agency to investigate such matters.”
“What’s the difference?,” an exasperated, Mr Darley said.
“They’ve got me tricked going around in circles.
“He (the Ombudsman) has referred us back to the Burnside Mayor (David Parkin) … well the Mayor knows all about this already — he’s involved in it.
“I might as well send a letter to myself and complete the circle.”
Responding to questions from The Advertiser, the Minister confirmed he directed Mr Darley to the Ombudsman but that the conduct or the behaviour of any council employee, “are matters for the relevant council to deal with”.
“I have not sighted the Minter Ellison report, not (sic) should I, because this is a matter for the Council,” Mr Brock stated.
“My view on the conduct of councils are well known. I expect them to all be open and transparent and accountable to their ratepayers.”