Public inquiry to be held and Council to remain under administration

Local Government Minister, Shelley Hancoc and Premier Gladys Berejiklian

It’s official, a public inquiry is to be held into Central Coast Council and the local government elections slated for September 4 will be postponed until late next year.

The decision was announced on April 27 by Local Government Minister, Shelley Hancock, who said that the inquiry will provide an “independent, open, and transparent process to help improve the council’s performance and sustainability”.

While the move has been applauded by Administrator, Dick Persson, and Parliamentary Secretary for the Central Coast, Adam Crouch, not everyone is pleased.

Suspended Mayor Lisa Matthews said a public inquiry isn’t the answer that ratepayers have been looking for and Shadow Minister for the Central Coast, David Harris, said he was disappointed that calls for a judicial inquiry, supported by an e-petition bearing more than 20,000 signatures, had been ignored.

Minister Hancock said Council’s performance, particularly concerning financial management, had been of “great concern” to the community.

“On behalf of all Central Coast ratepayers, I want to see Council performing in the best interest of the community and this public inquiry will help get to the bottom of the issues which have impacted its performance, resulting in my suspension of councillors and appointment of an Interim Administrator,” she said.

“Any member of the public with concerns about the council can now raise them directly with the Commissioner of the public inquiry.”

Roslyn McCulloch, who has three decades of experience in local government and planning law and conducted the 2019 public inquiry into Balranald Shire Council, has been appointed Commissioner of the inquiry.

At the conclusion of the inquiry, she will present a report to the Minister and may make recommendations, including issuing a Performance Improvement Order or dismissing Council.

Hancock said the decision means the Coast’s local government election will be postponed until late 2022, with current councillors to remain suspended during the inquiry process.

Council Administrator, Dick Persson, said the Minister’s decision to stop the suspended councillors returning on April 29 was “great news for both the community and the Council”.

“My Final Report recommended this course of action as there is still a lot to do before the Council recovers from the disruption of the past three years,” he said.

Persson also applauded the appointment of Rik Hart, who acted as CEO until the recent appointment of David Farmer, to the position of Administrator.

“The new CEO and new Administrator need to continue the ‘recovery’ without the political distractions which would have inevitably occurred if the councillors had been allowed to return,” he said.

He said Hart’s appointment would ensure continuity “in regard to the reform process well underway”.

Persson’s term was due to end on April 29 but has been extended for an extra two weeks to allow Hart to complete some personal business.

Parliamentary Secretary for the Central Coast, Adam Crouch, said Roslyn McCulloch’s experience in local government and planning law made her a “perfect fit” for the position of Commissioner.

“The public inquiry’s terms of reference are very broad and will enable the Commissioner to investigate Council’s financial situation as well as its ability to properly represent and serve our community,” he said.

He said the inquiry would include public hearings where community members, as well as current and former Council staff, can provide evidence to the Commissioner.

But suspended Mayor, Lisa Matthews, said holding a public inquiry rather than a judicial one isn’t the answer the community has been looking for.

“I’ve always felt that the Coast needs an answer but Mr Persson and Mr Hart have already looked into the problems,” she said.

“As Mr Persson said in his report, he hasn’t uncovered anything unlawful and I don’t believe the Minister having someone coming in to rubber stamp those findings will give answers.

“I believe there were problems before the Council amalgamation, with both Gosford and Wyong Councils deemed unfit for the future.

“How do you put two unfit councils together and expect them to be fit?

“Obviously we missed things and I am very sorry for that, but I think the major problems came from the amalgamation of two unfit councils, with systemic issues, and a judicial inquiry would uncover some of those issues.”

Matthews said she had never expected that councillors would be returned.

“It’s upsetting personally, but as a ratepayer I would still like answers,” she said.

“Former Administrator, Ian Reynolds, purchased our IT system and accounting software and I believe that has probably been a root cause of the problems.”

Shadow Minister for the Central Coast, David Harris, said that while Labor MPs on the Coast welcomed the decision to hold an independent public inquiry, they would like to see wider terms of reference.

“We are disappointed that Premier Gladys Berejiklian ignored calls for a Special Commission of Inquiry (judicial inquiry) despite widespread public support for one,” Harris said.

“Almost 22,000 residents signed a petition to be debated in Parliament next week.

“The key issue now is the terms of reference which should include examining the Fit for the Future process, the decisions of the first Administrator, particularly contract decisions and organisational structure, the role of the current staff and councillors, [and] the role of audit, both internal and external.

“All things should be on the table.”

Terry Collins