Dorset Council suspended, Commissioner appointed, as deputy mayor responds
“I have not made this decision lightly”: Tasmania’s Local Government Minister has written an open letter to residents of a municipality whose council he suspended amid an ongoing probe.
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Updated, 4.45pm: Local Government Minister Nic Street, who announced on Wednesday he was suspending Dorset Council in the state’s North-East pending the outcome of a Board of Inquiry, has reassured residents of the municipality that services and council meetings won’t be affected by his decision.
Having announced last week the empanelling of the Board to probe allegations of poor governance and noncompliance uncovered during a Director of Local Government investigation commenced in August 2020, Mr Street moved shortly after the suspension was announced to soothe local anguish.
“I have not made this decision lightly as I appreciate the impacts that this will have on the staff and the Dorset community and the operations of the council,” he wrote.
“The concerns that have been raised with me are, however, serious, and need to be considered fully.
“So what does this mean for the services of Dorset Council?
“The Board of Inquiry and suspension of councillors will have no impact on the services delivered by the Dorset Council.
“The business of the council will continue as normal. Any decisions or actions required from the mayor or councillors will be directed to the Commissioner, Andrew Wardlaw.
“While in place, the Commissioner has all of the functions and powers of the council.
“Council meetings will continue to be held and there will continue to be opportunities for the community to ask questions about council operations.
“I am confident that Andrew will work closely with both the council and the community to ensure that services of the council or not affected and that the views of the community will continue to be represented in his decisions.
“I understand that Andrew will be onsite at the council chambers as early as tomorrow [August 3] to start engaging with the General Manager and employees of the council.”
Earlier, 2.45pm: Dorset Council’s deputy mayor says he fears that a decision to suspend council and appoint a commissioner amid a Board of Inquiry probe into poor governance allegations will mean vital projects will stall.
Local Government Minister Nic Street, announced the council’s suspension on Wednesday, effective 11am, after last week revealing a two-person Board to probe allegations uncovered during a Director of Local Government investigation commenced in August 2020.
The Board is due to deliver its findings by February 28, 2024.
Andrew Wardlaw, a 20-year veteran of local government in Tasmania, has been appointed as the Dorset Commissioner for the duration of the inquiry.
Dorset Deputy Mayor Dale Jessup said he believed the process so far to have been “pretty poor”.
“The thing that concerns me the most right now is lack of representation that Dorset will have,” he said.
“I’m certain there won’t just be an automatic reinstatement, they will need to review the report, with potentially an election to follow.
“My personal belief is that Dorset residents will be without local representation for a significant amount of time, especially right now with the review of local government [Future of Local Government Review], we’re going to be unrepresented throughout that process.
“A couple of senior managers, the General Manager and the Director of Planning, both live in Launceston. The new Commissioner also won’t be a Dorset resident.
“I don’t see how the community could realistically be represented through this review process.”
Mr Jessup also said that important local projects and advocacy for their progression were also likely to stall.
“Projects like the rail trail [North East Recreation Trail], advocating for the second stage of the Sideling [Tasman Highway] upgrade, advocating for a bypass of Derby – I presume the Commissioner is not going to take any of that up, I presume he’ll get back to the bare bones of business,” Mr Jessup said.
“Attending local events – I presume the Comissioner won’t attend.
“Whether you like him or not, our mayor is extremely active, he attends every event on in the North-East.
“Currently residents have extremely strong representation – we’re going to lose all of that.”
Earlier, 12.15pm: Local Government Minister Nic Street has announced the suspension of Dorset Councillors after allegations of widespread statutory noncompliance and failings were revealed.
The Inquiry is expected to take about seven months, with a report to be prepared by the Board no later than February 28, 2024.
On Wednesday afternoon, Local Government Minister Nic Street announced all Dorset Councillors were suspended from office for the duration of the Inquiry.
The suspension is effective as of 11am. Dorset Mayor Greg Howard was contacted for comment.
“When I announced the Board of Inquiry, I made it clear I was actively considering my option to suspend the Councillors while the Inquiry takes place,” Mr Street said.
“I requested and have considered submissions from councillors and the Dorset Council regarding the suspension.
“I also considered the seriousness of the allegations that led to the establishment of the Inquiry, and to ensure fairness for everyone who wishes to participate in the process – including councillors, council employees and members of the community.”
Mr Street said the decision to suspend the council would create an environment where the Inquiry can proceed “without distraction”.
Andrew Wardlaw has been appointed as Commissioner for Dorset Council by the Tasmanian Governor for the duration of the Inquiry.
“Andrew has worked for 20 years in senior roles in local government, including nine years as the general manager of Burnie City Council,” Mr Street said.
“I am confident that Andrew’s judgement and experience will bring stability to the Dorset community during this challenging time.”
“I encourage all members of the community, council employees and Councillors of Dorset to consider the opportunities that the Board brings to support positive change within their community.”
Announcing the board’s empanelling last week, Mr Street detailed further the allegations against Dorset Council, which were the result of a Director of Local Government investigation commenced in August 2020.
They included allegations of improper use of statutory power, systematic failure to comply with statutory obligations, mismanagement of conflicts of interest, decision-making compromised by poor governance and disrespect for community members and businesses by the council.
“The Director’s advice is that there is sufficient evidence to warrant further inquiry as to whether the council has used its legislative authority improperly or with bias, has allowed with intent or through a lack of oversight the general manager to operate without due regard for the law, [and] has tolerated retributive action against those who disagreed with council, the mayor or the general manager through, for example, inappropriate or offensive forms of communication,” Mr Street previously said.
Dorset Councillor Edwina Powell previously told the Mercury that she was in favour of suspending council, although this was not published at the time at Ms Powell’s request, so as not to influence Mr Street’s decision.
She said that she was one of several councillors who made complaints to the director during his office’s initial investigation.
“There were issues with governance and transparency that were deeply concerning and it needed to be inquired into more closely,” she said.
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Originally published as Dorset Council suspended, Commissioner appointed, as deputy mayor responds
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