Adelaide Hills mayor removed as ‘principal’ spokesperson amid legal advice independent report findings

The Adelaide Hills mayor has been dumped as her council’s main spokesperson while on holiday as councillors claim she kept legal advice secret.

The Adelaide Hills mayor has been sidelined as the council’s “principal” spokeswoman and dumped from a high-profile panel as her councillors claim she failed to “fully” inform them of council legal advice she obtained with ratepayer money.

And the council – which on Monday revealed it was facing a $4.8m budget black hole – may have to pay a second time for the advice, as it demands a briefing “at no cost” of information Mayor Jan-Claire Wisdom sought from a law firm.

As Local Government Minister Joe Szakacs issues an “urgent please explain”, the council voted to force the mayor – who remains on annual leave – to “publicly acknowledge” she did not comply with ‘Mayor Seeking Legal Advice Policy’.

Local Government Minister Joe Szakacs. Picture: NCA NewsWire / David Mariuz

Adelaide Hills Council Mayor Jan-Claire Wisdom

The policy will also be reviewed in the light of a confidential, independent inquiry AHC requested after the mayor sought legal advice late last year from Norman Waterhouse lawyers.

The policy outlines rules for how the mayor obtains legal advice in an emergency, and allows up to $10,000 per matter.

In May, it was revealed AHC’s legal fees spiked by more than $100,000 last financial year.

During a late-night meeting last Tuesday, council resolved Dr Wisdom step down from the CEO’s performance review panel, while Deputy Mayor Melanie Selwood was appointed as council’s principal spokesman for the rest of the current council’s term.

“Council acknowledges that the Mayor Seeking Legal Advice Policy requires council be fully informed as to the legal advice received by the mayor under that policy,” the minutes say.

“The independent inquiry has found that council was not fully informed.

“Because council paid all costs relating to the legal advice obtained by the mayor (and a staff member), the subject of the independent inquiry, council requires a full understanding of and to be apprised of the content of all the legal advice sought and received.”

AHC will write to Norman Waterhouse requesting “at no cost to council” it reveal all details of legal advice sought and provided to the mayor and a staff member between October 20, 2023, and December 20, 2023, both in writing and verbally – but opened the way to pay a second time.

“If … attendance at a council information briefing will incur a fee, council instructs the administration to seek a fee estimate,” the minutes say.

Dr Wisdom’s personal lawyer said she had been on an overseas holiday since August 16.

“She had been made aware that matters concerning her had been discussed in council and decisions have been made while she has been away,” he said.

“Those matters are subject to confidentiality as she understands. My client intends to address those matters upon her return from leave.”

Mr Szakacs said he had noted council had referred its $5.8m operating deficit to the Auditor-General.

“It’s my expectation that the council also takes steps to address these issues with its own Audit and Risk Committee and its external auditor,” he said.

“I’m writing to the council to seek an urgent please explain, and will ask the Office for Local Government to provide further advice on this matter following the council’s response.”

The minutes show mooted changes include the mayor being required to obtain council permission first and legal advice be provided in writing to council – while the time frame in which it is provided will be reviewed.

The council will also review the accuracy of its report writing, the practice of considering “late items” at meetings and consider and approve leave requests by the CEO.

Council said it at its August 27 meeting, it has also addressed a confidential matter of workplace health and safety following independent advice.

The council said the matters were kept confidential “given the constraints of legal professional privilege and the nature of some aspects of the inquiry”.

“The Adelaide Hills Council considers matters of governance and workplace, health and safety to be important priorities,” Ms Selwood said.

“Council has resolved to take action and review its internal processes and policies to ensure appropriate governance moving forward.

“I am confident this work will provide greater clarity into the future.

“Equally, council’s confidential deliberations on the workplace, health and safety matter will sharpen our focus on the safety and wellbeing of all our staff, our volunteers and our elected members.”

Originally published as Adelaide Hills mayor removed as ‘principal’ spokesperson amid legal advice independent report findings