Cr Jane Davey must adhere to a list of rules imposed by the Burnside mayor and sit by the CEO
The Burnside mayor has taken an extraordinary step to protect the health and safety of a female councillor, including making another member sit next to the chief executive.
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A Burnside councillor is under heavy restrictions on communication with another female elected member, including using disrespectful expressions or mannerisms.
Jane Davey was issued a directions notice under the Local Government Act to ensure her “acts or omissions” do not adversely affect the “health and safety” fellow councillor Lilian Henschke.
But the notice is not a finding of any wrongdoing on Cr Davey’s part.
Ms Davey told The Advertiser she was not aware why she had been issued the direction or if any complaint had been lodged, adding “it is quite a toxic council”.
Mayor Anne Monceaux issued the notice on September 16 – effective immediately – which required Ms Davey to sit next to the chief executive at all meetings.
In any email or other written communication addressed or copied to Ms Henschke, Ms Davey “must not direct any comment, query or request to her”.
She must not verbally make any comment or request of Ms Henschke or make any allegation about the conduct or manner in how she has or will perform her role.
She must also “not use any physical behaviours, expressions or mannerisms to community non-verbally with other members anything that is disrespectful of or to Cr Henschke”.
Ms Davey told The Advertiser believed she was being made a “scapegoat for something”.
“I have appealed to the Ombudsman to look at this and see whether it’s fair and equitable to place this on me,” she said.
“I haven’t seen a complaint against me.
“I’ve been on the council for 18 years. I work collaboratively right across the board with everyone. We all have differences from time to time and we work through them.
“I certainly don’t believe I’ve bullied Cr Henschke. I don’t know what problem she’s got.”
In the letter, obtained by The Advertiser, Ms Monceaux reiterated the directions were not a finding of wrongdoing on Ms Davey’s part.
“I also stated in the notice that the proposed directions are not based upon nor intended to constitute any formal finding of wrongdoing on Cr Davey’s part,” she wrote.
“Rather, the purpose is to avoid adverse effects to the health and safety of Cr Henschke.”
Failure to comply with the directions constituted serious misbehaviour, which may be referred to the Behavioural Standards Panel, the letter states.
Burnside Council’s acting chief executive Martin Cooper said under the Local Government Act, the mayor had the authority to issue such a direction.
Mr Cooper did not detail why the direction had been issued.
“Under the council’s behavioural management policy, all complaints are managed on a confidential basis until such a time as they are required to be reported to council in a public meeting or are otherwise lawfully made public or disclosed,” he said.
“The City of Burnside is committed to maintaining a safe and healthy workplace for council members and staff.”
The directions will remain in place for as long as Cr Henschke remains a council member, or until they are revoked by Ms Monceaux.
Ms Henschke was contacted for comment.
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Originally published as Cr Jane Davey must adhere to a list of rules imposed by the Burnside mayor and sit by the CEO