Local Government Minister Peter Gutwein hints at possible court action over Glenorchy Council

ALDERMEN and staff who may have contributed to the self-destruction of Glenorchy City Council could face court action after the release of a final report into the council.

ALDERMEN and staff who may have contributed to the self-destruction of Glenorchy City Council could face court action after the release of a final report into the council.

The long-awaited Board of Inquiry report was released in State Parliament on Tuesday after an investigation into the council stretched over more than two years and cost ratepayers more than $1 million.

MORE: GLENORCHY COUNCIL REPORT ‘SCATHING’

MORE: READ THE FULL REPORT

Local Government Minister Peter Gutwein said the Local Government Division was assessing the report to find out whether any offences had been revealed after the board described some of the conduct as “bizarre”, “unethical” and “improper”.

“Any further action to investigate or refer matters to other bodies on the basis of the board of inquiry findings and recommendations will be made in due course,” Mr Gutwein said.

He said the release of the report was a major milestone on the long journey to “restore public trust in the Glenorchy City Council” and the next step would be the upcoming election in January.

“The people of Glenorchy now have the opportunity to make an informed decision in the upcoming council election,” he said.

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Peter Gutwein tabled the Board of Inquiry report in State Parliament on Tuesday. Picture: RICHARD JUPE

The main recommendations and key findings of the 311-page report reflected those the Mercury revealed in coverage of the leaked draft in February and June — that the council should be sacked; a commissioner be appointed; and an extensive review of management practices at Glenorchy be conducted.

The board has also recommended that the Local Government Act is amended to give the minister the power to direct a council to sack a general manager, after an investigation by the director of local government, a board of inquiry or a similar independent authority.

The final report was not provided to affected aldermen and staff before being made public.

The Glenorchy City Council meets for the first time after the 2014 elections with new Mayor Kristie Johnston at the centre of the table.

Former Glenorchy mayor Kristie Johnston, who was dismissed with the other nine aldermen last week by specially introduced State Government legislation, said the report and its findings vindicated her actions.

“The report itself completely vindicates the position I took in cleaning up the council and vindicates my colleagues Matthew Stevenson and Jan Dunsby,” she said.

“It is littered with allegations and findings against the ‘gang of seven’, the general manager and the director of corporate governance and general counsel ... it talks about totally inappropriate and unethical behaviour.

“It talks about a gang of seven — a majority of council — being resentful and undermining the office of the mayor. It completely vindicates the position that the community has taken in trying to clean up the council.”

Former Glenorchy mayor Kristie Johnson, centre, speaks about the Board of Inquiry report, flanked by former aldermen Matthew Stevenson, left, and Jan Dunsby. Picture: LUKE BOWDEN

Eight key findings relate directly to former general manager Peter Brooks, whose departure from the council was revealed on Monday.

Mr Brooks declined to comment when contacted by the Mercury.

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Former Glenorchy mayor and alderman Stuart Slade, who the report said “did not adequately fulfil his role” as chairman of the general manager’s performance review committee and “improperly advised” Mr Brooks of his performance appraisal before council had been informed, said he had no confidence in the final report.

“I will be seeking legal advice to ascertain whether I have been defamed,” he said.

“I can assure my local Glenorchy community that I acted always in good faith and in accordance with the law, and when required on legal and qualified advice.”

Former alderman Stuart Slade said he had no confidence in the final report. Picture: NIKKI DAVIS-JONES

Former alderman Jenny Branch-Allen dismissed the report as just an “opinion”. Picture: LUKE BOWDEN

Former alderman Jenny Branch-Allen, who also launched Supreme Court action against the inquiry, said what was in the report was “just a biased opinion”.

“I have asked them for the evidence to back what they say up and they haven’t been able to do so,” she said.

“It’s just their opinion, it’s not backed up.”

Mr Stevenson, who is running for deputy mayor in the January election, said those seven former aldermen, Mr Brooks and Director of Corporate Governance and General Counsel Seva Iskandarli should resign from any other role of governance they are holding.

“There is no place for that kind of incompetence and lack of ethics within community or business governance roles,” he said.

TIMELINE OF DYSFUNCTION

■ OCTOBER 2014: Alderman Kristie Johnston elected mayor of Glenorchy with 58 per cent of popular vote.

■ JANUARY 3, 2015: General Manager Peter Brooks commences new five-year contract.

■ FEBRUARY 5: Ald Johnston adjourns special meeting but aldermen present continue it without her, sparking investigation by Director of Local Government.

■ OCTOBER 14, 2015: Following allegations of dysfunction and infighting, Local Government Minister Peter Gutwein establishes Board of Inquiry into council.

■ FEBRUARY 23, 2016: First Supreme Court action lodged against Board.

■ FEBRUARY 8, 2017: Council suspended and Sue Smith appointed as commissioner.

■ JUNE 22: Board tells aldermen “as a result of a further legal challenge” report unable to be finalised, with no time frame for resolution.

■ AUGUST 8: Mr Gutwein suspends council for a further six months.

■ SEPTEMBER 12: General manager Peter Brooks’ Supreme Court action against Board dismissed.

■ OCTOBER 3: Mr Brooks appeals verdict.

■ OCTOBER 17: Tasmanian Audit Office hands down scathing report of council’s procurement processes.

■ OCTOBER 18: Mr Gutwein submits legislation to sack aldermen and hold elections on January 16 to restore democracy to Glenorchy.

■ NOVEMBER 23: Legislation sacking the council comes into effect.

■ NOVEMBER 27: It is revealed that Mr Brooks has left the council.

■ NOVEMBER 28: Board of Inquiry report released.