Clarification of facts - media reporting 18 December 2024
Published on 18 December 2024
An 18 December 2024 Advertiser article refers to events that relate to a past CEO and Council Member whose involvement with the Council ceased more than four and six years ago, respectively.
In 2018, then Ombudsman Wayne Lines launched an investigation into Cr Lance Bagster’s conduct at the request of the Independent Commission Against Corruption. In his final comments and recommendations of the investigation, the Ombudsman stated:
“Over the period relevant to my investigation Cr Bagster has subjected council staff and several of his fellow elected members to an appalling course of behaviour.
In many of his communications with the relevant parties, and in his response to my investigation, Cr Bagster has sought to characterise his conduct as being in the greater interests of ratepayers.
He is wrong.
His conduct has in fact resulted in an enormous waste of public resources. His behaviour has been entirely self-centred and counterproductive to the Council’s efficient discharge of its functions.
His behaviour falls far short of reasonable community expectations.
Cr Bagster’s position as an elected member of the Council is no longer tenable.”
At the time of the investigation, the Ombudsman concluded the legal framework, including the Fair Work Commission and SafeWork SA, appeared ill-suited to address the conduct of elected members, particularly when it involved bullying or harassment and the risks to health and safety caused by such behaviour.
The Ombudsman called on the State Government to review the Local Government Act and Work Health and Safety Act to better address bullying and harassment by elected members.
The report on this investigation can be found here https://www.ombudsman.sa.gov.au/publication-documents/investigation-reports/2018/City-of-Burnside-conduct-of-Cr-Lance-Bagster.pdf
At Burnside, a new CEO in January 2020 and later a new Council in November 2022 occurred alongside changes to the Local Government Act that set new standards for how Council Members should behave.
All external legal expenses incurred by the council in dealing directly with the code of conduct complaints, investigations, reports, intervention orders and any other matter raised against former Cr Lance Bagster from 2017 until the present day are:
Acting CEO, Martin Cooper said that more recent expenditure relates to Council seeking to maintain Intervention Orders to protect staff members.
‘The health and safety of our employees will always be Council’s primary focus, and bullying and harassment will never be tolerated in our workplace,’ he said.
The City of Burnside was not given an opportunity to provide comment on this news report.
ENDS