By Aneeka Simonis
OUSTED Cardinia Shire councillor Kate Lempriere, who spent her last few weeks on the council prohibited from talking to staff over confirmed misconduct allegations, has gone down swinging with the release of a dramatic letter accusing the council’s CEO of “aggressive” and “intimidating” behaviour.
Days after the “aggrieved” former councillor was unseated at the election, she launched an attack on council CEO Garry McQuillan claiming he acted aggressive toward her and failed to provide a proper investigation into claims against her before banning her from talking to the majority of council staff.
A senior council figure confirmed the council did not have an appropriate policy in place to investigate and assess staff claims against the councillor at the time, and that the council will soon amend its Councillor Code of Conduct policy to remove “grey areas”.
On Thursday 3 November the Gazette received a letter from Ms Lempriere detailing the “behind the scenes hell” at the council where she was accused of intimidating staff.
During the Gazette’s lengthy pre-election investigation into the allegations and ban, Ms Lempriere repeatedly denied all claims against her and the council also refused to reveal information including nine documents which the Gazette had applied for under Freedom of Information.
But now the former councillor has fessed up to the crisis but is pointing the finger at Mr McQuillan claiming inappropriate and unfair management of staff claims.
Ms Lempriere said after a staff complaint was lodged against her on 26 April 2016, Mr McQuillan confronted her in an aggressive manner and failed to listen to her version of events relating to the incident.
“I was confronted in the chamber by an extremely angry, shaking and aggressive CEO.
“He stood in my personal space with finger raised up and down close to my face in a very aggressive intimidating manner I had never witnessed before,” she said.
“He accused me on misconduct towards a staff member, citing he had a written complaint and witness.
“(He) ignored my denial, would not listen to my explanation of events.”
The Gazette received a copy of an apology sent by Mr McQuillan to the former councillor relating to what he described as his “out of character” behaviour toward her.
“I am sorry that I did not handle this matter in a more professional manner and deeply regret my actions,” Mr McQuillan wrote.
A second misconduct allegation was raised against the former councillor, resulting in the ban.
It lasted up until she served her last day on the council after she lost her Central Ward seat at the October election.
“I was accused once again of intimidation of a staff member and banned by the CEO from talking to all staff and they were forbidden from talking to me,” she said, confirming she was only permitted to speak with fellow councillors, senior department managers and Mr McQuillan.
The Gazette approached Mr McQuillan about accusations against him including the council’s failure to carry out an internal resolution procedure between the former councillor and staff complainants.
He did not provide a comment but in a statement wrote: “As previously advised, discussions between councillors and the chief executive officer are confidential and I will not be commenting further.”
The council’s silence on the debacle was a source of frustration for voters.
One claimed ratepayers were being “treated like idiots” by the council over its failure to disclose information about Cr Lempriere, who re-stood for the council at the election.
Mr McQuillan claimed releasing the nine documents about the ban under FoI was not in voters’ public interest if it meant disclosing information obtained in confidence from staff.
In Ms Lempriere’s letter to the Gazette she claimed she was unable to comment on the allegations against her as a result of written advice issued by the then Mayor Jodie Owen.
Cr Owen denied providing such advice and claimed attempts at uncovering Ms Lempriere’s version of events went unanswered.
“As mayor, I corresponded with Kate requesting she provide her version of events after two previous requests (via email) went unanswered. This request was also ignored,” Cr Owen wrote in a statement.
“At no stage did council advise Kate she was unable to comment on the allegations.”
The Gazette was unable to put the claim to Ms Lempriere because she has chosen not to make further comments about the misconduct allegations and ban.
Code to change
The internal crisis has sparked a council policy change.
Cr Owen confirmed that Cardinia Shire Council’s current Councillor Code of Conduct agreement was useless in dealing with the matter and will be amended to cover future possible allegations between staff and councillors.
As it stands, the 13-page policy provides guidance on matters between councillors only.
“There was no Council Code of Conduct Panel as this was not a situation covered by the Code of Conduct,” Cr Owen said.
She said the policy will be amended within the next two months and that future allegations between councillors and staff will be put to a panel made up of councillors and chaired by the mayor.
“Hopefully, it will cover all parties so there are no grey areas,” Cr Owen said.
Ironically, the internal crisis unfolded as all nine of Cardinia shire’s councillors were threatened to be replaced by administrators for failing to comply with the Code of Conduct agreement in August.
Unlike many Victorian councils, Cardinia Shire Council allows councillors to speak with all members of staff.
Cr Owen confirmed there will be no restrictions placed on newly elected councillors preventing them from talking to staff.
Kate Lempriere served as a councillor for three non-consecutive terms from 2003.
A spokesperson from the Local Government Investigations and Compliance Inspectorate confirmed it had not received information about complaints lodged against Ms Lempriere and therefore did not investigate the claims.
