‘No comment’ from mayor on mystery council investigation

Sharon Webb

A secret investigation of a matter involving the general manager of the Meander Valley Council has found that he has no case to answer.

In August Cllr John Temple told the Gazette, on instruction from the mayor, Cllr Wayne Johnston, that complaints against the general manager John Jordan had been found by an investigator to be not substantiated.

A week later this reporter received two letters from a council legal representative, the second of which threatened likely legal action if the Gazette published anything attacking the reputations of council staff. 

Hobart lawyer Daniel Zeeman of Butler, McIntyre and Butler wrote, ‘Council will not permit you, or your associates, to use its meetings as an opportunity to publicly ask questions which in themselves imply some wrongdoing on the part of the person, the subject of the question. 

‘This correspondence should also serve as notice to the Meander Valley Gazette that any publication by it, of and concerning council staff, which attacks the reputations of those staff members, is likely to bring about fairly prompt proceedings seeking appropriate remedies.’

It is believed that a council-appointed investigator completed the investigation over several weeks between April and June. The investigator’s interviewees included past and current council staff members.

After rumours of the investigation circulated in the municipality, the Gazette queried them with Cllr John Temple, who confirmed there had been an investigation but under councillor confidentiality was unable to comment further.

There is no suggestion of wrongdoing by Mr Jordan. The council nevertheless appears unwilling to divulge what the investigation was about.

When the Gazette asked Cllr Johnston six questions about the company employed by the council to do the investigation, the investigation timeline and any aftermath of the investigation, he replied, ‘No comment on your first six questions.’

Cllr Johnston gave two reasons for refusing to allow questions to the July council meeting on the investigation.

‘This type of issue would clearly fall within the definition of either confidential, related to potential legal advice or related to actual or possible legal proceedings.’

‘This type of issue would normally be discussed during a closed section of the council meeting pursuant to R15.’

Cllr Johnston added, ‘I will not be providing any comment on the substance of your questions. All further and future correspondence on any issues regarding the general manager’s employment arrangements are to be directed exclusively to myself as mayor. 

‘No further correspondence on this subject is to be sent to council officers, or through to council’s general inbox.’

In Tasmania, local government councillors appoint and employ their GM and are responsible for their continuing employment or otherwise.