{"id":68926,"date":"2020-05-28T04:58:42","date_gmt":"2020-05-27T17:58:42","guid":{"rendered":"https:\/\/timesnewsgroup.com.au\/ballarat\/?p=68926"},"modified":"2020-05-27T11:21:12","modified_gmt":"2020-05-27T00:21:12","slug":"due-process-behind-trios-call-to-meet-with-sacked-ceo","status":"publish","type":"post","link":"https:\/\/timesnewsgroup.com.au\/ballarat\/news\/due-process-behind-trios-call-to-meet-with-sacked-ceo\/","title":{"rendered":"Due process behind trio\u2019s call to meet with sacked CEO"},"content":{"rendered":"

THE three City of Ballarat councillors who didn\u2019t support summarily dismissing former CEO Justine Linley<\/a> off the back of a damaging State Ombudsman\u2019s report are speaking out on their decision.<\/p>\n

\"\"
Former City of Ballarat CEO Justine Linley. Photo: FILE<\/figcaption><\/figure>\n

Crs Grant Tillett, Samantha McIntosh and Jim Rinaldi all say at the heart of their unwillingness to terminate the CEO\u2019s contract during a special meeting of council last week lies a desire, as they see it, for due process and natural justice.<\/p>\n

Rather than what has been characterised as an \u2018investigation\u2019, the trio say councillors should have been able to hear from Ms Linley before making decision on her future with the municipality.<\/p>\n

\u201cProper process is the point,\u201d Cr Tillett said. \u201cWe were sitting in judgement over someone who was accused of acting improperly as far as process was concerned and we did it ourselves.<\/p>\n

\u201cThe lie that\u2019s in it is we three were seeking a further investigation, that is not correct. We simply wanted an opportunity for a face-to-face meeting before actually voting to dismiss.<\/p>\n

\u201cThe CEO was investigated, and some problems were found. It was obvious to the councillors that due process then called for her to be dismissed, that didn\u2019t give us the right to march her out into the yard and shoot her. A condemned man is entitled to a last meal.\u201d<\/p>\n

Cr Rinaldi agreed the ideas around process were at the heart of his decision and he also acknowledged there was a person behind the findings in the Ombudsman\u2019s report.<\/p>\n

\u201cIt\u2019s due process and natural justice for all people involved,\u201d he said. \u201cThe main thing is to have a caring attitude for those who have been named in this.<\/p>\n

\u201cIt\u2019s understanding the hurt, uncertainty and challenges that lay ahead of us\u2026 and we didn\u2019t go down that path.\u201d<\/p>\n

Cr McIntosh was emphatic that she and Crs Tillett and Rinaldi did not call for another investigation.<\/p>\n

\u201cWe\u2019ve seen a lot of conversations put out there in the community that are absolutely incorrect suggesting that we called for another investigation,\u201d she said.<\/p>\n

\u201cWe did not do that. Our absolute goal is good governance and we believe absolutely that\u2019s what the Ombudsman\u2019s report was about.\u201d<\/p>\n

\"\"
Member for Ripon Louise Staley, former City of Ballarat mayor Samantha McIntosh and Ms Linley at Miners Rest in 2018.<\/figcaption><\/figure>\n

In exercising the termination clause in Ms Linley\u2019s contract, which triggered a payout equal to six months salary or $160,000 to $164,500, all three councillors say the same lack of process the CEO was found to have engaged in is now resting heavily on council.<\/p>\n

\u201cConsidering the Ombudsman\u2019s comments and considering the focus on good governance and process we felt it very important to follow the highest level of good governance,\u201d Cr McIntosh said.<\/p>\n

\u201cWe believe in doing that by ensuring the CEO had an opportunity to speak with us as part of that process. It didn\u2019t need to take any longer in time, it might have taken a extra few days.\u201d<\/p>\n

The Ombudsman\u2019s report<\/a> found that elements of Ms Linley\u2019s involvement in the hiring and promotion of two current directors, as well as other human resources processes was \u201cunwise at best and may have been improper<\/a>.\u201d<\/p>\n

The report also found at times Ms Linley\u2019s conduct went towards creating perceptions of conflicts of interests.<\/p>\n

\u201cThe Ombudsman\u2019s report highlighted significant behaviours that needs to be addressed within our council,\u201d Cr McIntosh said. \u201cNone of us are questioning the Ombudsman\u2019s report.<\/p>\n

\u201cThe Ombudsman does very clearly state that there was no criminal nor corrupt activity, however there was a perception of the lowest form of bad behaviour.\u201d<\/p>\n

The decision to terminate Ms Linley\u2019s contract clearly weighs heavily on Cr Rinaldi. He said the move flies in the face of the municipality\u2019s compassionate city charter.<\/p>\n

\u201cI didn\u2019t sleep,\u201d he said. \u201cI came home Monday night and I was disgusted in how that decision was made without care and compassion for the person that we had employed for four years.<\/p>\n

\u201cWe weren\u2019t giving her an opportunity for her closure. There is no compassion in the decision that was made.\u201d<\/p>\n

With the vote on the motion during the meeting to dismiss Ms Linley going six to three, Crs Tillett, Rinaldi and McIntosh all conceded on some level that even if councillors had an opportunity to hear from the former CEO, the outcome probably wouldn\u2019t have changed.<\/p>\n

\u201cThe outcome could have been the same,\u201d Cr McIntosh said. \u201cThe information in the Ombudsman\u2019s report and the fact it had already been tabled in parliament had created significant public concern.<\/p>\n

\u201cKnowing that there was such concern being cast as a result of perception, we really did have to act very quickly. I think we all agree on that.\u201d<\/p>\n

Cr Tillett conceded that the outcome might not have materially changed had Ms Linley been given a chance to speak to councillors.<\/p>\n

\u201c[Would it have changed?] Probably not,\u201d he said, \u201cBut that\u2019s not the point. The point is we were investigating an issue in relation to proper process, we did not provide proper process in dealing with that question.<\/p>\n

Similarly, Cr Rinaldi acknowledged things might not have been different, suggesting if that was the case, why not give Ms Linley a chance to speak.<\/p>\n

\u201cThe decision may have still been the same, that\u2019s the stupid part about not giving her the opportunity,\u201d Cr Rinaldi said. \u201cBut to be judge and jury without hearing from Justine is wrong.\u201d<\/p>\n","protected":false},"excerpt":{"rendered":"

THE three City of Ballarat councillors who didn\u2019t support summarily dismissing former CEO Justine Linley off the back of a damaging State Ombudsman\u2019s report are speaking out on their decision. Crs Grant Tillett, Samantha McIntosh and Jim Rinaldi all say at the heart of their unwillingness to terminate the CEO\u2019s contract during a special meeting […]<\/p>\n

Read More…<\/a><\/p>\n","protected":false},"author":141,"featured_media":68930,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"inline_featured_image":false,"footnotes":""},"categories":[7],"tags":[],"post_folder":[],"class_list":["post-68926","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-news"],"acf":[],"yoast_head":"\nDue process behind trio\u2019s call to meet with sacked CEO - Ballarat Times<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/timesnewsgroup.com.au\/ballarat\/news\/due-process-behind-trios-call-to-meet-with-sacked-ceo\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Due process behind trio\u2019s call to meet with sacked CEO - Ballarat Times\" \/>\n<meta property=\"og:description\" content=\"THE three City of Ballarat councillors who didn\u2019t support summarily dismissing former CEO Justine Linley off the back of a damaging State Ombudsman\u2019s report are speaking out on their decision. Crs Grant Tillett, Samantha McIntosh and Jim Rinaldi all say at the heart of their unwillingness to terminate the CEO\u2019s contract during a special meeting [...]Read More...\" \/>\n<meta property=\"og:url\" content=\"https:\/\/timesnewsgroup.com.au\/ballarat\/news\/due-process-behind-trios-call-to-meet-with-sacked-ceo\/\" \/>\n<meta property=\"og:site_name\" content=\"Ballarat Times\" \/>\n<meta property=\"article:author\" content=\"https:\/\/www.facebook.com\/alistairfinlayjournalist\/\" \/>\n<meta property=\"article:published_time\" content=\"2020-05-27T17:58:42+00:00\" \/>\n<meta property=\"og:image\" content=\"https:\/\/static.timesnewsgroup.com.au\/prod\/uploads\/sites\/9\/2020\/05\/IMG_8714-scaled-e1590538789127.jpg\" \/>\n\t<meta property=\"og:image:width\" content=\"1000\" \/>\n\t<meta property=\"og:image:height\" content=\"667\" \/>\n\t<meta property=\"og:image:type\" content=\"image\/jpeg\" \/>\n<meta name=\"author\" content=\"Alistair Finlay\" \/>\n<meta name=\"twitter:card\" content=\"summary_large_image\" \/>\n<meta name=\"twitter:label1\" content=\"Written by\" \/>\n\t<meta name=\"twitter:data1\" content=\"Alistair Finlay\" \/>\n\t<meta name=\"twitter:label2\" content=\"Est. reading time\" \/>\n\t<meta name=\"twitter:data2\" content=\"5 minutes\" \/>\n<script type=\"application\/ld+json\" class=\"yoast-schema-graph\">{\"@context\":\"https:\\\/\\\/schema.org\",\"@graph\":[{\"@type\":\"Article\",\"@id\":\"https:\\\/\\\/timesnewsgroup.com.au\\\/ballarat\\\/news\\\/due-process-behind-trios-call-to-meet-with-sacked-ceo\\\/#article\",\"isPartOf\":{\"@id\":\"https:\\\/\\\/timesnewsgroup.com.au\\\/ballarat\\\/news\\\/due-process-behind-trios-call-to-meet-with-sacked-ceo\\\/\"},\"author\":{\"name\":\"Alistair Finlay\",\"@id\":\"https:\\\/\\\/timesnewsgroup.com.au\\\/ballarat\\\/#\\\/schema\\\/person\\\/9bf999ff27982396123a6d7a9abe115b\"},\"headline\":\"Due process behind trio\u2019s call to meet with sacked CEO\",\"datePublished\":\"2020-05-27T17:58:42+00:00\",\"mainEntityOfPage\":{\"@id\":\"https:\\\/\\\/timesnewsgroup.com.au\\\/ballarat\\\/news\\\/due-process-behind-trios-call-to-meet-with-sacked-ceo\\\/\"},\"wordCount\":953,\"publisher\":{\"@id\":\"https:\\\/\\\/timesnewsgroup.com.au\\\/ballarat\\\/#organization\"},\"image\":{\"@id\":\"https:\\\/\\\/timesnewsgroup.com.au\\\/ballarat\\\/news\\\/due-process-behind-trios-call-to-meet-with-sacked-ceo\\\/#primaryimage\"},\"thumbnailUrl\":\"https:\\\/\\\/static.timesnewsgroup.com.au\\\/prod\\\/uploads\\\/sites\\\/9\\\/2020\\\/05\\\/IMG_8714-scaled-e1590538789127.jpg\",\"articleSection\":[\"News\"],\"inLanguage\":\"en-AU\"},{\"@type\":\"WebPage\",\"@id\":\"https:\\\/\\\/timesnewsgroup.com.au\\\/ballarat\\\/news\\\/due-process-behind-trios-call-to-meet-with-sacked-ceo\\\/\",\"url\":\"https:\\\/\\\/timesnewsgroup.com.au\\\/ballarat\\\/news\\\/due-process-behind-trios-call-to-meet-with-sacked-ceo\\\/\",\"name\":\"Due process behind trio\u2019s call to meet with sacked CEO - Ballarat Times\",\"isPartOf\":{\"@id\":\"https:\\\/\\\/timesnewsgroup.com.au\\\/ballarat\\\/#website\"},\"primaryImageOfPage\":{\"@id\":\"https:\\\/\\\/timesnewsgroup.com.au\\\/ballarat\\\/news\\\/due-process-behind-trios-call-to-meet-with-sacked-ceo\\\/#primaryimage\"},\"image\":{\"@id\":\"https:\\\/\\\/timesnewsgroup.com.au\\\/ballarat\\\/news\\\/due-process-behind-trios-call-to-meet-with-sacked-ceo\\\/#primaryimage\"},\"thumbnailUrl\":\"https:\\\/\\\/static.timesnewsgroup.com.au\\\/prod\\\/uploads\\\/sites\\\/9\\\/2020\\\/05\\\/IMG_8714-scaled-e1590538789127.jpg\",\"datePublished\":\"2020-05-27T17:58:42+00:00\",\"breadcrumb\":{\"@id\":\"https:\\\/\\\/timesnewsgroup.com.au\\\/ballarat\\\/news\\\/due-process-behind-trios-call-to-meet-with-sacked-ceo\\\/#breadcrumb\"},\"inLanguage\":\"en-AU\",\"potentialAction\":[{\"@type\":\"ReadAction\",\"target\":[\"https:\\\/\\\/timesnewsgroup.com.au\\\/ballarat\\\/news\\\/due-process-behind-trios-call-to-meet-with-sacked-ceo\\\/\"]}]},{\"@type\":\"ImageObject\",\"inLanguage\":\"en-AU\",\"@id\":\"https:\\\/\\\/timesnewsgroup.com.au\\\/ballarat\\\/news\\\/due-process-behind-trios-call-to-meet-with-sacked-ceo\\\/#primaryimage\",\"url\":\"https:\\\/\\\/static.timesnewsgroup.com.au\\\/prod\\\/uploads\\\/sites\\\/9\\\/2020\\\/05\\\/IMG_8714-scaled-e1590538789127.jpg\",\"contentUrl\":\"https:\\\/\\\/static.timesnewsgroup.com.au\\\/prod\\\/uploads\\\/sites\\\/9\\\/2020\\\/05\\\/IMG_8714-scaled-e1590538789127.jpg\",\"width\":1000,\"height\":667,\"caption\":\"Conviction: Councillors Grant Tillett, Jim Rinaldi and Samantha McIntosh all say the former CEO Justine Linley should have had a chance to speak to council before a vote to dismiss her. 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Once at Westlock News, The Advocate, and the Latrobe Valley Express. Oilers fan. 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