‘Bullying’ forces CEO to take leave
6th January 2010
LOCKYER Valley local government has been thrown into turmoil after council chief executive officer Colin O’Connor took three months sick leave after claiming the mayor was a bully. It is believed Mr O’Connor is currently on paid sick leave on an annual
salary approaching $250,000.
Gatton resident Bob Fowke, 71, said Mr O’Connor had the support of a majority four-member faction of councillors. Mr Fowke worked in local government for 35 years and has attended almost every meeting of the Lockyer Valley Regional Council since the government amalgamations in March, 2008.
He said he was present at the council meeting on September 23 when Mr O’Connor started distributing an unsigned letter accusing Mayor Steve Jones of bullying staff. Mr Fowke said the situation was quite the opposite as the faction of four councillors always used their votes to carry out Mr O’Connor’s wishes.
The faction, which has previously been highlighted by Mayor Jones, includes councillors Jim McDonald, Janice Holstein, Tanya Milligan and Graham Moon. Mr Fowke said the manipulation was blatantly obvious in chambers.
“(Mr O’Connor) shakes his head, nods his head, and smiles when he wants them to do something,” he said. “It is total manipulation in my book and he’s taken stress leave because people are waking up to it.”
Mr Fowke said his fellow ratepayers were disgusted council was being run by the only non-elected member, Mr O’Connor. “The CEO is virtually running the council and the councillors haven’t got a hell of a lot of say.”
On November 27, Mr O’Connor sent an email to staff informing them that his doctor had ordered him to take three months “sick” leave. He said in the letter he felt a “deep sense of failure” for not being able to “protect” staff from the mayor. On the same day,
Mr O’Connor lodged a Workplace Health and Safety claim for compensation. Mr Fowke said the scandal had halted progress of the council.
“Because the mayor keeps asking questions, he’s labelled a bully,” he said. “But these questions need to be asked, need to be addressed and these problems need to be solved. “Council needs to move forward. “I would like to see the council open up the book as it is closed by the faction at the moment. “So much is hidden from the ratepayer and it’s absolutely hindering good decision-making.”
One example of the faction’s power was highlighted after Mr O’Connor ordered the unauthorised clearing of a fauna sanctuary at Lake Apex in April. The council is facing a $165,000 fine for tampering with an animal breeding place without approval. Mayor Steve Jones wanted an independent body to investigate the incident. However, the faction voted that Mr O’Connor would compile the report on his own decision.
(http://www.gattonstar.com.au/story/2010/01/06/bullying-forces-ceo-to-sick-leave/)
Turmoil as councillors sue over bullying
Updated Wed Sep 15, 2010 11:43am
AEST
Peter Watson is calling for intervention after more councillors sue the city over bullying (ABC News). The Member for Albany Peter Watson has described the local council as the laughing stock of Western Australia. Two Albany councillors are threatening to sue the city after an independent investigation rejected allegations they had been involved in bullying.
Councillors Roley Paver and Jill Bostock are now claiming more than $500,000 in damages. The action comes after the dismissal of the city’s former chief executive, Paul Richards, who claimed he was bullied by councillors. Last month, the Local Government Standards panel found there was no evidence of bullying of Mr Richards who received a $250,000 payout when he left the
council. Mr Watson says the council is an embarrassment to the city and the Minister for Local Government John Castrilli is not doing anything about it.
“We’ve got a culture there at the City of Albany which is the laughing stock of Western Australia and if the Minister can’t see that, maybe he should be looking after a different portfolio and put someone into his portfolio of Local Government that’s got a bit of grunt,” he said.
Mr Watson says there must be intervention. “We have councillors suing the council, we have a CEO who’s been sacked who is suing the council, we had the previous CEO sue the council,” he said. “Obviously, there’s something wrong there and the longer the Minister sits on his hands, the worse it’s going to get.”
Mr Castrilli has declined to comment on the matter. Mr Watson says he will raise it in parliament at the next sitting.
(http://www.abc.net.au/news/stories/2010/08/25/2992687.htm)
Glen Eira Debates 
June 19, 2011 at 11:31 AM
Reckon Mr Fowke lives in Glen Eira cos he seems to know heaps about this place
June 19, 2011 at 1:52 PM
Smart Aleck you may not fully comprehend the seriousness of this matter.A Councillor who just a few years ago authorised as his Nominee the disgraced Peter Goudge, is now responsible for a great deal of Council in fighting and reported as threatening the stability of the CEO’s tenure. The State Government needs to remove that Councillor to avoid damaging the Municipality.
June 19, 2011 at 8:10 PM
Yup, the real threat to the CEO’s tenure is that his 2 years are about up and that’s decided by more than one councillor. Everyone comprehends the seriousness of the matter when public monies are wasted on ridiculous bullying allegations that have been tried on others and only cost ratepayers big time. But you’re 100% right Anon, the state government definitely needs to move in and ensure that this administration is booted out quck smart.
June 19, 2011 at 10:45 PM
From the New Shorter Oxford English Dictionary: “bully: A person who uses strength or power to coerce or intimidate weaker persons”.
Note that this doesn’t cover asking hard questions, or insisting on them being answered. It does however cover the use of strength or power, such as determining what goes on a Council agenda, or threatening to sue Councillors individually if they don’t reappoint a CEO. Weaker people may well buckle under such pressure.
In a private conversation, one of our Councillors explained to me how councillors can get punished if they don’t do as the administration (council officers) wish. We can see that, literally, in the erection of the sign in Glenhuntly Park concerning the mulch facility. Its not so obvious when it involves suppressing promotion of a councillor’s involvement in local issues, perhaps hiding them on p7 of a council newsletter. I’m not talking about Cr Penhalluriack either, who has his own battles with the administration.
While claims of bullying should be treated seriously, and investigated appropriately, anybody can make such a claim. And indeed, if you shop around you can find sympathetic medicos to support you if you’re feeling stressed. Some people thrive on work, others avoid it.
There may be circumstances where reliance on the crude and blunt instrument of the law is required. For most of us though, we’re way way better off keeping out of the courts, and that’s advice my barrister brother-in-law freely gives.
June 20, 2011 at 1:57 PM
Threats of litigation without attempts at mediation first, belong to the tactics of bullies. This administration is certainly not averse to practising the former. Mary Walsh received numerous threats, as I’m sure countless other individuals both within and without council have as well. When there is intimidation and the attempt to silence critics then the only feasible explanation is that there must be something dire to hide. After three investigations I am convinced that this administration has plenty to hide.
June 20, 2011 at 10:28 AM
Reprobate, your observations are pertinent. What needs to be very, very clear here is that Newton is intelligent, clever, thorough, deliberate in his actions, persistent, all qualities that should make him an excellent CEO. At the same time what drives him is ambition that exceeds his abilities, so he gets his way by Machiavellian divide and rule techniques. So far he has been exceedingly successful to get rid off any threats within his staff or Councillors that dared to question his authority.
Bullying, intimidation, threatening, hiding facts and figures and being behind every investigation into this Council is his record. But getting evidence is difficult, because he holds the records the way he wants to. So when it comes to Investigators, it is his word and records against the complainant. No guessing who wins. No wonder that Councillor like Margaret Essakoff buckle under pressure as it happened in 2005.
Now here is another fact. Nowhere will you see a breakdown of expenses according to Departments headed by Directors. I have not seen any large organisation, particularly with shareholders that does not do it. I have not seen any State or Federal Governments that do not do it. But not Glen Eira Council. This is also not available to Councillors as far as I know. This is clearly an issue of being an open, transparent and accountable government. Glen Eira Council is definitely not that. And how can the Councillors do their job if that is not provided as a Public Document to ensure our rates are being used in an effective and efficient way?
Then there is the issue of CEO’s signing off on expenses. There is a limit on the type of cheques and amount that he can sign off without going for approval to the Council. This is part of delegations. There is also a discretionary element in this delegation. It seems he can use it in any way he likes. And he does, in particular in regards to legal expenses. And we the ratepayers are the ‘bunnies’ paying for it. Is there a Report detailing how much did the CEO or the Administration spent on legal fees? No. There is no Public Accounting of this expense. That must go to the Audit Committee, examined and reported upon to the Council on a regular basis. Where is it? We have three lawyers on the Cpuncil: Lippshutz, Hyams, and Tang. They are running away from that issue? Why? What are they scared of?
The issue of signing of cheques beyond the approved limit for the CEO is a governance issue. That was apparently the reason for Margaret Douglas, the first CEO, leaving Glen Eira. And who revealed this grave mistake? No other than Andrew Newton, then Director of Business Development, in 1998 Agenda item entitled ‘Delegations’. The way it was done was a stab in the back of Margaret Douglas. More of that period needs to be revealed to understand why we are the way we are.
June 20, 2011 at 10:02 PM
In some of the organisations I’ve worked for, discretionary spending and spending limits have been a governance problem. Some people given that power, for example, used to split large expenses into multiple pieces, each of which was then below their discretionary limit. Not that I know the answer, but how much did the recent refurbishment of the toilets in Glen Eira’s Town Hall cost, and who authorized it?
June 20, 2011 at 10:36 PM
Inquisitor’s comments have got me thinking. Nothing in the budget really discloses anything.It’s true that figures on staffing in each department and costs for that department are buried. Other councils reveal these figures but not in Glen Eira. Why? I also find it unbelievable that when hundreds of thousands are spent on master plans that these plans are never carried out intact. There was the relocation of ovals at Caulfield park – so how much did this cost? I can only wonder at what the changes will be at GESAC and how much extra that will cost ratepayers. The other unreported statistic that would make for fabulous reading is the amount of money that’s spent on maintaining those awful exeloo toilets. Council insists on erecting these monstrosities but without accounting for the costs in running them, maintenance, and how much graffiti removal costs in comparison to the older style toilets. It’s all a cover up and we the public are treated like fools.
June 21, 2011 at 7:24 AM
16th January 2010 LOCKYER Valley Regional Council ratepayer Bob Fowke believes council s decision to ban members of the public from their meeting morning teas has put another nail in their coffin.Deputy Mayor Graham Moon moved a motion at Wednesday s meeting to ban members of the public gallery from taking part in the ratepayer-funded morning teas.Cr Moon referred to The Chronicle s reports regarding CEO Colin O Connor s stress leave and his salary stating he was concerned members of the public were overhearing councillors comments and passing the information on to the media.Mr Fowke s letters to the editor were also mentioned.Mayor Steve Jones correctly predicted the motion would pass 4-3 as the previously named faction of councillors Graham Moon Jim McDonald Janice Holstein and Tanya Milligan all voted in favour of the motion after a debate.Mr Fowke was present at the meeting and said the gallery burst into laughter when the content of the motion was mentioned.Cr Jones labelled it un-Australian while Cr Dave Neuendorf remarked What? We elect representatives to our Councils to govern for our communities. But here we are with elected representatives in the Lockyer Valley councillors Graham Moon Jim McDonald Janice Holstein and Tanya Milligan who all seem to believe transparency in local government is not worthy of up holding.