SHIRE FUDGES MINUTES TO AVOID COUNCIL CONFLICT
EXCLUSIVE: THE devil is in the detail at Gingin shire. Take agenda item 14.2 of the April 21 council meeting where elected members were asked to vote on a sand mining development application at Ledge Point.
“Cr Andrea Vis has a declaration of interest,” shire president Linda Balcombe states in the audio recording posted with the minutes.
“Thank you,” Cr Vis replied. “I disclose that I have an association with the applicant or person seeking a decision. This association is that my husband is part owner of the sand mining company.
“As a consequence, there may be a perception of my impartiality on the matter may be affected. I declare that I will consider this matter on its merits and will vote accordingly.”
And she did, voting in support of the application that will reap potentially millions for the company at Lot 110 Indian Ocean Drive, Ledge Point Lime Sands Pty Ltd.
However, the minutes state: “Councillor Vis disclosed an impartiality interest in relation to Item 14.2 as her husband is part owner of a sand mining business.”
‘Observer’ Natalie Adams appointed by acting CEO James Bayliss will, “provide the acting CEO with independent advice on governance and meeting processes”. Did Ms Adams or Gingin shire’s governance coordinator Lee-Anne Burt check the inaccurate minutes before they were confirmed?
Where is State Government-appointed inspector Tony Brown?
“You’re the minister for local government, correct?” StreetWise asked Hannah Beazley on April 24. “Why are you turning a blind eye on one of the most dysfunctional councils in WA?”
The minister also ignored questions over the shire’s intimate links with Bendigo Bank on March 23, the same day StreetWise asked acting general manager investigations and complaints Steven Bertoli to comment on the same matter?
Residents who attended the April 21 meeting have lodged complaints over the misleading minutes.
Breaches bonanza
GINGIN Cr Lincoln Stewart submitted a motion to urgently appoint a local government monitor for two days a week for three months at a cost of about $1000 a day or a total of $24,000.
Cr Balcombe left the room, having disclosed a financial interest as employee of Gingin Districts Community Financial Services Ltd, which is a franchisee of Bendigo Bank.
Cr Stewart’s motion called for assessment of governance practices, management of financial and impartiality interests and investigation of any actual, potential or perceived conflicts of interest between Bendigo board members, staff and elected members over the past 10 years.
Cr Stewart also called for a monitor to investigate workplace culture including allegations of bullying, harassment, discrimination and psychological hazards affecting elected members and staff and review of all behaviour complaints lodged by members against other elected members over the past 12 months to ensure the complaints and minor breach system has not been used to cause, “detriment, retaliation, or improper disadvantage to elected members”.
He recommended the appointed monitor consult Fremantle chartered accountant Craig Ross, who audited the City of Nedlands, to undertake an independent review of the shire’s financial records over the past six years to identify any irregularities, undisclosed interests and misallocation of funds.
Standing in for the president, Cr Frank Peczka said: “This is the environment we’re in and personally I think that we need some overarching advice to take the sting out of our continuing breaches that are in place.”
Challenging the officer’s recommendation not to support the motion because, “there is no clear nexus between the motion and reasoning made by Cr Stewart and any established facts, evidence or findings”, Cr Stewart said: “We currently have a CEO who is suspended on an employment matter, that alone is not business as usual. It is a significant governance event in any local government and it warrants independent oversight.”
Cr Stewart added there were four items of alleged breaches of the code of conduct on the April 21 agenda: “That points to a breakdown in working relationships and governance culture among elected members. We have ongoing concerns within the council about relationships with external organisations including Bendigo Bank and undisclosed interests in its establishment many years ago.
“We also have serious electoral integrity concerns following the 2025 elections where the WA Electoral Commissioner identified failures in ballot custody and electoral procedures. That matter is before the courts.”
The vote was tied, Cr Peczka using his casting vote to carry Cr Stewart’s motion to appoint a monitor.
This is where it got messy, and confusing for Cr Peczka as the audio reveals.
The agenda states a ‘simple majority’ was needed to get Cr Stewart’s motion over the line. Instead, the minutes state an ‘absolute majority’ of five votes was needed, the CEO advising Cr Peczka as elected members cast their votes.
Cr Jason Weeks, who attended the meeting via Zoom, was cut off before the vote.
Ms Adams? Ms Burt?
StreetWise has contacted the shire for comment over the discrepancies in its minutes including a curious item from its February 17 meeting where a code of conduct breach was upheld against a sitting councillor.
In possible contravention of the Act, the CEO has yet to publish this breach.
Additional reports at www.streetwisemedia.com.au.
