PLAYFORD Council is embroiled in another legal stoush with its former chief executive Mal Hemmerling, but the ex-boss does not want to see ratepayers foot the legal bills.
Mr Hemmerling’s lawyer Greg Griffin revealed this week the former CEO and ex-Playford Council manager James Pollock have launched defamation action against current deputy mayor Marilyn Baker.
The pair issued Mrs Baker with a concerns notice over social media comments she made on the Facebook page of Playford mayoral candidate Shaun Reardon.
Mr Hemmerling was suspended on full pay from his $380,000 a year position in November 2018, pending an investigation into his conduct, before being sacked the following month.
His legal team launched a judicial review into his suspension and filed a wrongful dismissal claim against his sacking in the Supreme Court.
Court documents lodged in council’s defence detailed sexual harassment allegations against the former Adelaide Grand Prix boss, all of which Mr Hemmerling denied. The two parties settled outside of court.
Mr Griffin said Mr Hemmerling and Mr Pollock wanted Cr Baker to pay for any legal costs relating to the defamation action, not ratepayers.
According to a March 2019 financial report, the council had taken on a $400,000 “overspend” in legal costs since the start of the 2018/19 financial year, following the former CEO’s dismissal.
“Mal is extremely concerned to ensure that ratepayers of the City of Playford, who have spent already large sums in respect of his removal as CEO, should not have to pay any further money in respect of the latest action between him and Mrs Baker,” he said.
“He is therefore instructed us to advise the current CEO of the City of Playford (Sam Green) that we regard this as being a personal matter involving Mrs Baker, and not one where council and ratepayer resources can be possibly applied to”.
Mr Reardon’s post was critical of the $8.5 million Windsor carpark on the corner of Main North Road and Phillip Highway, which a report in May revealed had earned the council less than $1900 in its first 27 months.
Mrs Baker’s comments were about reports Mr Hemmerling and Mr Pollock authored on the carpark during their time at the council.
Regarding Cr Baker’s comments, Mr Griffin said the pair had taken “deep offence” to them.
“She (Cr Baker) has got 28 days to file what is known as an offer to make amends under the Defamation Act,” he said.
“We’ll then assess whatever comes back to us and take our next step from there.”
Cr Baker and Playford Council declined to comment.
