Viv May: Wingecarribee Shire Council thought ‘it was above the law’

An explosive report into an embattled council on the outskirts of Sydney found it was a “toxic workplace” with little regard for its obligations or the community.

A blistering report into the failures of the suspended Wingecarribee Shire Council has been released, revealing it thought it was ‘above the law’ and ‘toxic’.

Interim administrator Viv May told a council meeting on Wednesday he had submitted a letter to the Minister for Local Government Shelley Hancock to formally request a public inquiry into the suspended council which he said has “has failed the community in the exercise of its functions”.

He told the meeting the numerous reports commissioned in his time as interim administrator showed the suspended councillors and former senior staff had “scant regard to statutory obligations or the community they were elected or appointed to serve.”

During his time at the council, Mr May met with 230 individuals and 37 community groups to understand the myriad of issues in the Southern Highlands. He said the council’s “out of touch” attitude was a common concern.

Wingecarribee Shire Council interim administrator Viv May has called for a public inquiry into the council.

He cited an instance where a resident contacted a suspended councillor about the failed Station St project, and received a reply that Mr May said was emblematic of the “out of touch” attitude of the council.

“(T)he reply stated: ‘and I am the one with the VOTE so u don’t count (sic)’,” he said.

Mr May said reviews showed sometimes the council made decisions in informal meetings and there were occasions where reports were given only to “favoured councillors or simply kept secret” by executive staff.

“(The council was) a toxic workplace with substantiated allegations of bullying, preferential treatment, and an organisation structure built on personality not community,” he said.

“In my view the Wingecarribee Shire Council took the view that it was above the law,” he said.

The interim administrator said residents were “rightly concerned” the return of suspended councillors would impact on the progress made so far in resetting the council. He told the council meeting a public inquiry into the council “is the only way to the truth on many matters that remain of concern to the Wingecarribee Shire Council community.”

He recommended a public inquiry with clear terms of reference which would be required to deliver a report after six months, which would hopefully herald “the return of local democracy to the shire.”

Although he had previously been opposed to calls for the inquiry, Mr May told the extraordinary general meeting on July 28 “circumstances had changed” after the local council elections were postponed.

The community is divided about the potential return of suspended councillors to Wingecarribee Shire Council Chambers. Picture: Wingecarribee Shire Council

NSW Local Government Minister Shelley Hancock announced on July 24 the local elections would be pushed back to December 4, three months after the set election date. The announcement comes approximately four months after Ms Hancock suspended the councillors and installed Mr May as council administrator.

A statement on the Office of Local Government website confirmed the currently suspended councillors would be able to return to office on September 10 after their suspension expires.

Ms Hancock said her office was seeking legal advice regarding the “quandary” of the Wingecarribee Shire Council elections.

“We’re exploring options … that we return the councillors for three months, or we have a public inquiry,” she said.

“But a public inquiry would not be completed before December 4 and that would mean there wouldn’t be any elections in Wingecarribee.”

Without a public inquiry, Mr May told the council his tenure as interim administrator could not be extended. He announced his intention to request an inquiry in order to continue developing the council organisation, which he described as a “work in progress”.

“We are at a critical time operationally,” Mr May said.

“(I)n my view the return of the suspended council is untenable. The former council has failed the community it was meant to serve”.

However, the community is divided on the issue of reinstatement with two competing petitions circulating.

A petition created by community group Friends of Wingecarribee urges Ms Hancock not to allow the former councillors to return.

The Change.org petition says the reinstatement of councillors would risk undermining Mr May’s progress and requests he be able to stay on as administrator for a further six months.

The petition was only five signatures short of its 1500 goal at the time of writing. In contrast, the competing petition advocating for councillors to return has 33 signatories.

Petition creator Gregory Olsen said the aim of the petition was to encourage residents to consider their democratic rights as ratepayers. He said the installation of an administrator removed the rights of the community by silencing their chosen advocates. In his petition, he advocates for the replacement of the “autocracy” of an administrator with democratic elections.

“It’s utterly essential the community’s democratic rights are upheld and that means a representative council determined by a free and fair vote,” he said.

Mr Olsen told The Bowral News the community has more to fear from a public inquiry than the reinstatement of the suspended councillors.

Goulburn MP Wendy Tuckerman and Wollondilly MP Nathaniel Smith have supported the suspension of the Wingecarribee Council since last year. Picture: Facebook

“A public inquiry would disadvantage the community because they would have no voice,” he said.

Despite the community debate, local MPs are less conflicted about their position. Both Goulburn state Liberal MP Wendy Tuckerman and Member for Wollondilly state Liberal MP Nathaniel Smith have announced their opposition to reinstating the suspended councillors in a joint statement.

“In just four short months, Viv May has unshackled the potential of the region with his fresh and professional approach,” Mr Smith said.

“The longer his administration continues, the more it stands in contrast to the suspended council’s cronyism, dysfunction and ineptitude.”

The Office of Local Government website states Ms Hancock is waiting for Mr May’s interim report on August 11 before making her decision.