Kendall Jennings, The Koondrook and Barham Bridge Newspaper

Monday, November 8, Councillors Garner Smith, Keith Link and Kelvin Burt were denied access to council chambers for an unscheduled council meeting. The meeting was held virtually, and the trio set up shop on the front steps.

When asked why they sat outside, Cr Keith Link replied, “It doesn’t suit us to go home, for a start. I personally am having trouble in my office. 

“We have a beautiful chamber here that belongs to the councillors.

“Gannawarra Shire Council chambers, it is ours, and we are not even allowed to sit in it. There is no reason why the three of us could not have sat in there today. There are no protocols that deny that.

“The current direction from the government is ‘work from home if you can’,” stated Cr Kelvin Burt. “I have submitted that I can’t work from home for ten days and still getting refused.”

The trio of councillors said the Zoom meetings have been difficult from their residences due to service connectivity and wanted to use the council offices for the scheduled meetings for the day. However, the councillors have been told that the offices are not a working space because there is no disability access, and to use the space would be against the anti-discrimination act.

Most councillors had great video conference speed coverage, however, outside the council offices, there was a delay in their Zoom feed which was noticed on the day and in the video file available online. 

Tensions were high during the meeting that saw Mayor Charlie Gillingham returned and Jane Ogden appointed as deputy mayor.

Cr Smith used his speech to criticise non-transparent behaviour. “I believe that all our communities would be best served within a Gannawarra Council that is transparent.” 

In last month’s meeting, Gannawarra Shire’s adoption of a new CEO Employment and Remuneration Policy was passed after a heated debate.

The new policy is made in accordance with Section 45 of the Local Government Act 2020 and would see new guidelines for review of the council’s CEO, Tom O’Reilly.

Certain councillors have, in the past, raised concerns over the review process and what they considered to be a lack of transparency as their questions over the process were denied due to the matter being classified as ‘operational’. 

At the October 20 meeting, Councillor Link put forward a two-part motion to adopt the new strategy and restart the latest CEO review using the standards outlined in the new CEO remuneration and employment policy.

The CEO, Mr O’Reilly, then interjected, requesting that Mayor Gillingham take a short adjournment to confer, as he believed the motion was not compliant. 

Crs Smith and Link called a point of order to discuss the issue here and now without shutting the council meeting down.

The mayor overruled the point of order, shutting the meeting down.

The meeting recommenced 12 minutes later with Mayor Gillingham informing Cr Link, “I will not be accepting your motion as it is not relevant to the item of business on the agenda, and the recommendation was there as they had a requirement under the 2020 Act.”

Cr Link then attempted to read a statement in which he said, “I am ashamed to be related to this current CEO review.”

Mayor Gillingham interjected, stating, “I won’t be accepting anything from you, Councillor Link.”

“I think I’m entitled to a one-minute speech,” fired back Cr Link.

“We don’t want to hear, no, thanks Councillor Link,” replied Mayor Gillingham.

A point of order then came from Cr Smith citing that the MAV meetings and procedures states that the role of the CEO in council meetings is to support the mayor in meetings and contribute as directed by the mayor. 

“Now that is not what occurred,” stated Cr Smith. 

“We had the CEO interject in this meeting to interrupt it, which is not his role and is not his right. It is a councillor meeting, not a meeting for the CEO.”

Cr Smith then requested a ruling to determine whether the CEO could interrupt without the mayor requesting advice. 

Mayor Gillingham disagreed, “No, I’m pretty sure the CEO can give advice on governance issues. I’m very grateful for that.” GSC’s manager of governance is Lisa Clue.

Councillor Link described the ruling as disgraceful.

“So, he can interject in this meeting, to veto it, whenever it suits him, is that the case? Is that the way we conduct things at Gannawarra?” Cr Smith asked.

“Quite possibly, it depends on what the issue is,” Mayor Gillingham responded.

Since Monday, the CEO, Tom O’Reilly, has spoken to ABC Radio, stating COVID-19 concerns over disability building access. Speaking to The Bridge, Cr Garner Smith issued an ultimatum to the CEO and mayor.

“The CEO is trying to distract from the issue by claiming it is a COVID-19 related matter. That is not true. The council chambers have been permanently closed to the councillors and the public, with no intention of using them as a public space again.” Said Cr Smith.

“Originally, we were told we couldn’t use them because of fire regulations. When that was challenged, the reason changed to non-compliance regarding two anti-discrimination acts that have been around for over 10 years.”

“That position was supported by a majority of councillors, away from public scrutiny in a briefing, after Cr Link, Cr Burt and myself insisted on getting the cost of installing wheelchair access.”

“I challenge the CEO and mayor to say I am wrong. I also challenge the CEO and mayor to publicly assure ratepayers that the abandoned chambers are not a workspace for council staff. I will not hold my breath waiting.”

The Bridge has approached the Gannawarra Shire Council for a comment on Monday’s events.

The livestream of council meetings is available via the Gannawarra Shire website at https://www.gannawarra.vic.gov.au/Agendas-and-Minutes

This article appeared in The Koondrook and Barham Bridge Newspaper, 11 November 2021.