A LEGAL battle between Member for Light Tony Piccolo and Gawler Council to release a CEO assessment document is costing ratepayers.
As part of a Freedom of Information (FOI) request, Mr Piccolo applied for the release of a report written by CEO Henry Inat last year recommending his own pay rise and contract extension.
However, council has repeatedly denied the request, leading to an appeal in the South Australian Civil and Administrative Tribunal (SACAT).
Mr Piccolo slammed council’s decision to block the request.
“I believe the action to deny me access to the documents is wrong and not in the public interest,” he said.
“It appears that most of the information has been published by either the Advertiser or The Bunyip, so I am at a loss to understand council’s action.
“Certainly the community and I would gain a better understanding of the fairness of the reporting if the document was released, as we can then reach our own conclusions.
“As it stands, most people are asking what is the council trying to hide?”
Gawler Mayor Karen Redman said elected members discussed the appeal at last night’s special council meeting, after The Bunyip’s print deadline.
“Council will determine… how it will respond to this action, which will inform the approach taken at a SACAT directions hearing on Friday,” she said.
“Council and administration are committed to serving the best interests of the people of Gawler.
“Proceeding with legal action is a matter that is given deep consideration.”
Ms Redman said the report Mr Piccolo has requested is subject to a confidentiality order.
However, an email obtained by The Bunyip from a Norman Waterhouse lawyer to council suggests the November 26 meeting minutes were “not the subject of an order that they be kept confidential”, and therefore have been deemed publically available.
Mr Piccolo said if the email – obtained from an anonymous source – were true, it would be a “disturbing development”.
“Council has a statutory obligation to use its funds wisely and any unnecessary legal action would be a complete waste of ratepayers’ monies,” he said.
“Additionally, depending when that advice was provided to council, it could bring into question their FOI processes including their internal review processes.
“If evidence supporting your assertion exists, I think the matter would need to bring to the attention of the ombudsman and/or minister for an independent investigation.”
The matter will be further discussed at a further directions hearing this Friday.
