Probe launched

By Bridget Cook
THE process used by the City of Casey in relation to a civil action brought against the council’s CEO by a former female staff member is to be investigated.
Councillors resolved at Tuesday night’s meeting to ask the Auditor-General and Victorian Ombudsman to investigate the process undertaken by the council officers and the council in relation to a VCAT discrimination matter involving chief executive Mike Tyler and the City of Casey in 2010.
City of Casey Mayor Sam Aziz said the investigation was not in any way to find out whether Mr Tyler was guilty or not – that had already been dealt with – but the way the issue had been handled by the council.
It was this process that led Councillor Kevin Bradford to raise a motion on Tuesday calling on the council to sack Mr Tyler immediately – a motion which was lost.
He also requested that the Victorian Ombudsman investigate the actions of Mr Tyler and former mayors Lorraine Wreford and Shar Balmes.
Cr Aziz said the attempts by Cr Bradford to undermine or sack the Mr Tyler had been part of a long-running campaign.
“The matter came to a head with his unsuccessful attempt to sack the CEO over matters associated with a previous sexual harassment claim against the CEO,” he said.
“These claims were denied by council and the CEO, settled for commercial reasons only and subject to a follow-up independent investigation requested by council into the conduct of the CEO which determined that the CEO did not breach or contravene any legislation and that he was innocent of the allegations made against him.”
Cr Aziz said although already having had the independent investigation into the matters, the council still resolved to ask the Auditor-General and Victorian Ombudsman to investigate the process undertaken.
“I was very happy to second this motion as the previous investigation had determined there had been no wrongdoing, and a further independent investigation by a state agency will be welcome.”
The council agreed to the Auditor-General and Victorian Ombudsman investigations after two joint letters from the Residents, Ratepayers and Friends of Berwick Village and Berwick Artists Society were tabled in relation to the matter.
“Our committee is deeply concerned that correct procedures have not been followed by council in addressing a civil lawsuit brought against the CEO Mike Tyler in 2010,” the Residents, Ratepayers and Friends of Berwick Village letter read.
“We strongly stress that we have no interest in gossip or accusations, however questions must be raised and answered in regard to the manner in which this matter appears to have been handled by the council.
“As a matter of principle, there must be a truly independent investigation by the Auditor-General or the Victorian Ombudsman.”
Cr Bradford said, when calling for the sacking of Mr Tyler, that when the civil lawsuit was brought against Mr Tyler in 2010, then mayor Lorraine Wreford saw a letter from the lawyers representing the former employee.
“The civil case was subsequently dealt with at a VCAT hearing, over the next year, during which time the council at no stage received a briefing on the progress of the legal dealings, no knowledge of which officers were involved in the legal action, no knowledge if the CEO was personally involved in the discussions or did he conflict himself out of all negotiations,” he said.
“We know that either just prior to, or just after completion of the civil action in which a settlement was reached by all parties concerned, which conveniently included a confidentiality clause, the immediate past mayor Councillor Balmes was briefed by the senior officers of this council.”
Cr Bradford said that finally after a year the issue was brought to the attention of the full council by way of an ‘in-camera’ item.
“During the in-camera item, councillors were handed a half an A4 page report, authored by the CEO himself which beggars belief in itself. This report contained a very brief outline of the issue and when questions were raised by councillors, the only response provided was “we can’t comment due to the confidentiality clause”.”
Cr Bradford said the matter, in his opinion, was handled in an inappropriate and questionable manner by the CEO and two former mayors.
“This matter should have been brought immediately to the attention of the full council and not dealt with in the cloak of secrecy, which it has been,” he said.
“Why wasn’t this matter dealt with in court, where the truth would have come out and the CEO may or may not have been found to have a case to answer?
“The only way those answers can be obtained is by a completely independent inquiry by the Ombudsman, not a supposed independent legal report prepared for this council by a law firm who was paid by this council to prepare such a report.”
Councillor Lynette Keleher also expressed her concern at the way the matter had been handled.
“What is of great concern is the processes that have been followed,” she said.
“This can’t be allowed to be pushed under the carpet and it’s disturbing that this wasn’t put to the council before a settlement was reached.”
Councillor Simon Curtis said he also had a sour taste in his mouth over the process.
The vote to sack Mr Tyler was lost, with councillors Simon Curtis, Judy Owen, Beverley Hastie, Bradford and Keleher in the minority.
However councillors voted unanimously for the Auditor-General and Ombudsman investigation into the matter.