Investigation into council extended
January 17, 2024
By Rachel Williams
A two-month extension for the Board of Inquiry has been granted as investigations into alleged misconduct by Dorset Council continue.
And it’s still not known how much the process is costing and whether ratepayers will have to foot the bill, but the suspended Mayor claims it will be as much as $1 million.
Local Government Minister Nic Street on Monday announced he had approved a request for the extension from the Board after their Inquiry had “highlighted a number of emerging issues warranting further investigation”.
“The Board is currently conducting its investigative process which, due to the large number of submissions received and additional matters raised during appearances before the Board, is now expected to continue until the end of March 2024,” Minister Street said.
“It is very important that the Board has the appropriate time to thoroughly investigate and consider all significant issues raised through its investigation before it reports to me with its findings and recommendations.”
Commissioner Andrew Wardlaw said the decision to extend the inquiry was “fair and reasonable”.
“Recognising the complexity of the matters at hand and the indications of numerous submissions received, it is imperative that the Board has ample time to conduct a comprehensive and impartial examination,” Commissioner Wardlaw said.
“While the extension will extend the duration of my appointment, the need for a robust and unbiased process is paramount for the Dorset community.
“The ongoing suspension of councillors and the delayed outcome of the final report due to this decision is not ideal, but our commitment to transparency, accountability, and continued service provisions to the Dorset community remains steadfast.”
Exiled Mayor Greg Howard has received a summons to appear before the board in early February. He maintains he has done nothing illegal.
“This extension is just going to cost ratepayers more money. It’s likely to cost up to $1 million given the Inquiry in Glenorchy in 2016 cost $600,000 and this is seven years later and it’s a longer investigation plus the added costs of the Commissioner,” Mr Howard said.
“I am supremely confident I haven’t done anything wrong and unless they find something that I don’t know about then I would certainly appeal their findings – even based on the terms of reference which are so subjective and ambiguous as is the Local Government Act.”
Mr Howard said he would appeal any decision that found he had acted inappropriately.
Mr Street said while there is no formal appeal mechanism in relation to the outcome of the Inquiry under the Act, the process itself is subject to broad review under the jurisdiction of the courts.
Mr Street confirmed that under the Local Government Act he may require the Council to pay any costs associated with Inquiry.
“This includes the costs of the Board, the Secretariat and appearance process,” Mr Street said.
“The costs will vary depending on the complexity of the work necessary for the Board to adequately conduct its investigation, including the volume of issues, information and evidence presented through submissions and during the appearance process.
“Final costings will be clearer at the end of the process.”
Commissioner Wardlaw said the Council would actively pursue reimbursement for any costs passed on by the State Government from its insurer.
“However, at this stage, no allocation has been made in the budget for any Board of Inquiry costs that may be passed on by the State Government. The budget currently reflects the Commissioner's costs up to February 28, 2024, and the Council will evaluate any financial implications of this extension at its February meeting.”
The due date for the final report of the Dorset Council Board of Inquiry was set at February 28 when all nine councillors were stood down in August.
That decision followed a Director of Local Government investigation that found “evidence of systematic and widespread statutory non-compliance and failings of good governance”.
The Inquiry has now been extended until April 30, 2024. It is understood the report will be made public in mid-May.