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Whistleblowers Protection Act 2001 Investigation Into the Disclosure of Information by a Councillor of the City of Casey

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Whistleblowers Protection Act 2001 Investigation Into the Disclosure of Information by a Councillor of the City of Casey Whistleblowers Protection Act 2001 Investigation into the disclosure of information by a councillor of the City of Casey March 2010 Ordered to be printed Victorian government printer Session 2006-10 P.P. No. 284 This page has been intentionally left blank. www.ombudsman.vic.gov.au LETTER TO THE LEGISLATIVE COUNCIL AND THE LEGISLATIVE ASSEMBLY To The Honourable the President of the Legislative Council and The Honourable the Speaker of the Legislative Assembly Pursuant to section 103 of the Whistleblowers Protection Act 2001, I present to the Parliament the report on my investigation into the disclosure of information by a councillor of the City of Casey. G E Brouwer OMBUDSMAN 10 March 2010 letter to the legislative council and the legislative assembly 3 www.ombudsman.vic.gov.au CONTENTS Chronology of evenTs 5 exeCuTive summary 6 seCTion 22a of The WhistlebloWers Protection Act 2001 8 BaCkground 9 Public interest disclosure 9 investigation methodology 9 responsibilities of councillors 9 The City of Casey 10 organisation of the motorbike riders association of australia Cranbourne gP run 10 THE INVESTIGATion 11 selection of a major media partner 11 request for confidential contracts 11 expression of interest evalution panel 12 expression of interest process 13 disclosure of information 13 ConCLUSIONS 17 RECOMMENDATions 19 aPPendix 1 20 relevant provisions Local Government Act 1989 20 The City of Casey’s Councillors’ Code of Conduct 22 The City of Casey’s local law 1 23 aPPendix 2 24 email from Councillor Bradford to manager a (requesting previous contracts between star news ltd and the City of Casey) aPPendix 3 29 email from Councillor Bradford to manager a (requesting that an expression of interest process be instigated) aPPendix 4 30 extract from the City of Casey’s operational guidelines for the motorbike riders association of australia Cranbourne gP run organising Committee aPPendix 5 32 email from mr strachan to manager B (revealing council information had been disclosed) 4 disclosure of information by a councillor of the city of casey www.ombudsman.vic.gov.au CHRONOLOGY OF EVENTS 1996 organising Committee is created to organise the motorbike riders association of australian Cranbourne gP run (MRA gP run). 2003 Councillor Bradford is appointed as chairperson of the organising Committee. 2006 Councillor Bradford suggests the implementation of a major media partner for the MRA gP run. 2006-08 star news is consecutively contracted as major media partner for the MRA gP run. 2009 23–25 March Councillor Bradford makes three requests to the City of Casey for copies of previous MRA gP run major media partner contracts; these requests are denied. 22 May Councillor Bradford requests that an expression of interest process is held for the 2009 MRA gP run major media partner and proposes that he be a member of the expression of interest evaluation panel; these requests are accepted. 15 July expression of interest invitations are issued. 27 July expression of interest response date closes; two submissions are received. 05 August first meeting of the evaluation panel is held. 10 August 9.30am second meeting of the evaluation panel is scheduled. 10.21am Clarification email from the leader is sent to the City of Casey. 10.40 – 11.15am Panel is reconvened to discuss response; star news is selected as the preferred major media partner. 11.40 and 11.45am Two telephone calls made from Councillor Bradford’s mobile to Mr strachan’s direct line. 11.51am email from mr strachan is sent to the City of Casey. 11.55am mr strachan attempts to recall the email. chronology of events 5 www.ombudsman.vic.gov.au EXECUTIVE SUMMARY 1. On 9 September 2009, I received a disclosure under the Whistleblowers Protection Act 2001 concerning the conduct of Councillor Kevin Bradford, an elected councillor of the City of Casey (Casey). 2. It was alleged that Councillor Bradford had improperly disclosed information regarding the outcome of a council expression of interest process to an unsuccessful bidder. It was also alleged that he did this in an attempt to provide the unsuccessful bidder with an opportunity to secure a contract as the major media partner of the Motorbike Riders Association of Australia Cranbourne GP Run (MRA GP Run). 3. I determined the allegation to be a public interest disclosure. 4. The MRA GP Run is an annual group motorcycle ride hosted by Casey on the weekend of the Australian Motorcycle Grand Prix. It is a significant event for Casey and involves a wave-off to motorcyclists passing through Cranbourne on their way to Phillip Island. 5. Since 1996, Casey has had an MRA GP Run Organising Committee to provide ‘input and active assistance in the organisation of the MRA Cranbourne GP Run’. The members of the Organising Committee are selected annually and it has been chaired by Councillor Bradford since 2003. 6. Email evidence obtained by my officers demonstrates that Councillor Bradford made several unsuccessful attempts to obtain confidential information relating to Casey’s contractual arrangements for previous MRA GP Run media partnerships with Star News Ltd. 7. In 2009, Councillor Bradford was instrumental in extending the opportunity for other local media to be considered for the major media partnership via an expression of interest process. Councillor Bradford then successfully sought to become a member of the panel which evaluated the media outlets’ responses. 8. The panel met on two occasions and voted in preference of Star News as major media partner for the MRA GP Run. 9. Councillor Bradford’s phone records identify that shortly after the completion of the final panel meeting he made two telephone calls from his mobile telephone to the direct phone line of Mr Peter Strachan. Mr Strachan is employed by a rival bidder, the Leader Newspapers Pty Ltd, as Editor of the Berwick Leader, Cranbourne Leader and Pakenham-Cardinia Leader. 10. Within minutes of these calls being made, Mr Strachan sent an email to staff at the Leader which included details of the winning bid and conveyed advice on how to counter it. It stated that this information had been passed to Mr Strachan by an individual described as ‘our man’. Mr Strachan, apparently inadvertently, sent the email to a staff member at Casey. He subsequently attempted to retrieve the email. 11. At interview, Mr Strachan refused to answer questions on the ground of self incrimination. In a document provided by his lawyer, Mr Strachan submitted that: If a councillor is found to have breached any provision of the Local Government Act then it is possible that Mr Strachan has aided or been knowingly concerned in the commission of the offence. 6 disclosure of information by a councillor of the city of casey www.ombudsman.vic.gov.au 12. At interview, the other panel members denied contacting the Leader at the relevant time. This evidence was supported by their telephone records. 13. Councillor Bradford denied that he attempted to obtain copies of Casey’s previous contracts with Star News. This is inconsistent with other evidence available to me, including an email sent by Councillor Bradford to a manager at Casey on 23 March 2009, requesting the ‘actual agreement, (terms of contract)’ between Casey and Star News for the 2006, 2007 and 2008 MRA GP Runs. 14. At interview, Councillor Bradford’s initial account about the timing of his phone calls to the Leader was contradicted by his telephone records. Councillor Bradford further altered his evidence when confronted with these records. 15. I am satisfied that Mr Strachan’s email and Councillor Bradford’s telephone records support the conclusion that Councillor Bradford improperly disclosed information to Mr Strachan on 10 August 2009. This is apparently inconsistent with his obligations pursuant to section 76D(1)(a) of the Local Government Act 1989 as well as clause 6(2)(a) of Casey’s Councillors’ Code of Conduct.1 16. Mr Strachan declined to respond to my questions about the email and his contact with Councillor Bradford on the grounds that to do so may incriminate him. I need to make it clear that I read nothing into the fact that Mr Strachan has claimed the privilege of self incrimination. Claiming the privilege is not, nor do I take it as an acceptance that Mr Bradford improperly provided him with council information. However I consider, based on the other evidence I have received and in the absence of any persuasive contrary evidence, that this is the only conclusion that I can draw. 17. I have recommended that the Minister for Local Government consider the matters dealt with in this report and determine what action should be taken. I have also recommended that Casey preclude councillors from being members of panels during procurement processes and that it clarify the role of the Organising Committee. Casey has accepted my recommendations. 1 Extracts of the relevant provisions of the Local Government Act and the Code are reproduced in Appendix 1. executive summary 7 www.ombudsman.vic.gov.au SECTION 22A OF THE WHISTLEBLOWERS PROTECTION ACT 2001 18. This report is made pursuant to section 103 of the Whistleblowers Protection Act and includes the name of the person against whom the protected disclosure was made. 19. Section 22A of the Whistleblowers Protection Act provides that I may disclose, in a report referred to in section 103 of that Act, particulars likely to lead to the identification of a person against whom a protected disclosure has been made if I determine it is in the public interest to do so and if I set out in the report the reasons why I have reached that determination. 20. Having considered the four matters referred to in section 22A(2), I have determined it is in the public interest to identify the subject of the public interest disclosure in this matter by disclosing the following particulars: the subject’s name, occupation and personal details.
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