Peter Gutwein sacks Glenorchy City Council and will release Board of Inquiry report by month’s end

TEN Glenorchy City Council aldermen have been sacked but general manager Peter Brooks lingers in his $285,000-a-year job.

Glenorchy residents will go to the polls in January after the council’s aldermen were today sacked by Local Government Minister Peter Gutwein. Picture: SAM ROSEWARNE

TEN aldermen have been sacked but general manager Peter Brooks lingers in his $285,000-a-year job after Local Government Minister Peter Gutwein finally wielded the axe on the dysfunctional Glenorchy Council.

More than two years after a Board of Inquiry investigation was established to investigate allegations of dysfunction and infighting — continually delayed by legal challenges that will inflict a bill of more than $1 million on ratepayers — Governor Kate Warner signed off on the Glenorchy City Council (Dismissal of Councillors) Act 2017.

However, Glenorchy Commissioner Sue Smith is remaining tight-lipped over whether Mr Brooks will be removed from his position.

Local Government Minister Peter Gutwein. Picture: CHRIS KIDD

Passed by both houses of parliament, the specially introduced Act allows for the sacking of the Glenorchy aldermen — mayor Kristie Johnston, deputy mayor Harry Quick, Stuart Slade, Matt Stevenson, Jenny Branch-Allen, Jan Dunsby, Haydyn Nielsen, Steven King, David Pearce and Christine Lucas.

EDITORIAL: Ratepayers of any council cannot afford to go through another debacle like that which has beset Glenorchy since 2015.

A new election will be held in January next year.

Now that the aldermen have been sacked — more than three years after Ms Johnston’s popular win which sparked tensions between the council’s elected body — the focus has turned to just what is contained in the Board of Inquiry report, what will be the fallout and whether Mr Brooks will be relieved of his duties.

Mr Gutwein has indicated that the report will be released publically before the end of the month.

“Last Friday, I received the final Board of Inquiry report into the Glenorchy City Council and I am currently considering its findings,” Mr Gutwein said.

“My intention is to release it publicly before the end of the month, because the Government believes it is important the Glenorchy community has time to consider the report’s findings as well as all of the information it contains.”

Glenorchy Commissioner Sue Smith. Picture: RICHARD JUPE

The Mercury previouslyrevealed the recommendations — and many of the findings — of the two draft reports from the Board, until it became subject to a non-publication order by Chief Justice Alan Blow as part of Mr Brooks’ recent legal challenge against the investigation.

That challenge was recently dismissed in the Full Court.

Commisioner Smith — who on Wednesday signed a new contract until a new council is voted in on January 16 — would not tell the Mercury whether she intended to remove Mr Brooks from his posiiton. Mr Brooks has been on paid leave from his $5000-a-week position since April of this year.

“The general manager has a contract,” she said.

However, under the legislation that received Royal Assent, Mrs Smith must follow any ministerial direction that Mr Gutwein issues.

“I don’t know what I will be told,” Mrs Smith said.

“But I have to follow it.”

Former Glenorchy Mayor Kristie Johnston. Picture: LUKE BOWDEN

The Huon Valley Council was recently sacked after a Board of Inquiry investigation and that council’s State Government-appointed Commissioner Adriana Taylor terminated the Huon general manager Simone Watson using a clause that allowed termination with 12 months’ notice “with no cause”.

Notices for the new Glenorchy election are set to be advertised this Saturday, but many of the now ex-aldermen contacted by the Mercury said they only found about their sacking when contacted by media.

Former mayor Kristie Johnston — who will stand again for mayor — said the election would give the community of Glenorchy the chance to vote for the council they want.

“It marks a new start for the Glenorchy City Council,” she said.

“While [I’m] sad for me personally, Matt Stevenson and Jan Dunsby, this is the right thing for the Glenorchy community.”

HOW IT UNFOLDED October 2014: Alderman Kristie Johnston elected mayor on 58 per cent of popular vote. February 5 2015: 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 in Full Court. 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 15: Mr Brooks’ appeal is dismissed by the Full Court, Mr Gutwein’s legislation is passed by Legislative Council. November 17: Mr Gutwein received final copy of Board of Inquiry report November 22: Governor Kate Warner signs bill into law, Glenorchy aldermen sacked

Mr Stevenson welcomed the decision.

“I look forward to the people of Glenorchy being able to vote for a transparent and accountable council,” he said.

Ms Dunsby said she was disappointed that, unlike previous announcements by Mr Gutwein, aldermen were not given a heads up.

“It’s a step in the process that had to be taken,” she said.

“The power goes back into the hands of the community.”

In the wake of Mr Gutwein’s decision to introduce legislation to sack the Glenorchy aldermen, seven of the 10 — Mr Quick, Mr Slade, Ms Branch-Allen, Mr Nielsen, Mr King, Mr Pearce and Mrs Lucas — attempted to resign from their positions some months ago, but were told by Local Government Director Alex Tay they actually had no positions from which to resign.

The Mercury was only able to contact Mr King, Ms Branch-Allen and Mr Pearce, who all stressed they had resigned from their positions and only Ms Johnston, Mr Stevenson and Ms Dunsby had been sacked.

Mr King said the decision by Mr Gutwein to release the Board of Inquiry final report without those affected by it knowing what it contained, was not in line with natural justice.

“I don’t care what they say – we had already resigned,” he said.

“It seems amazing that they are releasing the report when none of use have seen the final report and nobody knows what is in it.

“I would have thought that isn’t natural justice, it seems like something that would happen in North Korea to me.”

Ms Branch-Allen said the whole saga had been “a disgraceful moment in Tasmanian history”.

“Glenorchy does not deserve a similar situation again,” she said.

“I believe it needs to roll back to four years ago before it happened — to when we had strong leadership.

“People with egos and career politicians should not be in the council. People who are community minded should be able to do their roles.”

Mr Pearce said he believed that he had acted in the best interests of the city of Glenorchy.

“As far as I’m concerned the act of the government only dismisses three aldermen because seven resigned weeks ago,” he said.

Labor’s local government spokeswoman Madeleine Ogilvie said it was time the saga ended.

“It is time for a fresh breeze in the city of Glenorchy and what we need to do is get people on the council of Glenorchy who are qualified for the job,” she said.

Mr Pearce along with Mr Slade and Mr Quick have said they will not stand in the January election.

Mr King said he was considering it, Ms Branch-Allen has hinted on social media that she will, while the intentions of Mr Nielsen and Mrs Lucas are still unknown.

Ms Johnston, Mr Stevenson and Ms Dunsby have all said they will run again.