I’m also a member of the Toodyay family, which I’m very proud to say.

To bring traditional meaning to such an occasion, I would like to say a few words in language and then speak in English.

Kya wandjo djiba wari kwadak ngyn wakkining mooditj wirn – hello and welcome to this beautiful swimming pool.

I call on the good spirits of my ancestors to allow safe passage and enjoyment to this place.

I would like to pay deep respect to my elders both past and present.

A long time ago Aboriginal people walked this land, up and down the Avon valley, hunting, fishing, swimming and gathering food from this beautiful place we call Dudja or place of mist.

This land has significant meaning to many Aboriginal families because we don’t own the land – we belong to the land for the land is our mother.

Ballardong boodja is the traditional and ancient homeland of my people, being the true custodians and cultural keepers of the land on which we are meeting today.

That in itself should always be respected.

I thank you for listening and acknowledging my welcome to you on behalf of my people.

I leave you with this: Nitja Ballardong, boodja noonak yaakin – this is Ballardong land on which you are standing.

She was supported by Crs Paula Greenway, Brian Rayner and Mick McKeown, and opposed by Shire President Rosemary Madacsi, Deputy President Beth Ruthven and Crs Phil Hart and Susan Pearce (Cr Ben Bell absent on leave).

The 4-4 deadlock was broken when President Madacsi used her casting vote to defeat Cr Chitty’s motion 5-4.

Crs Chitty, Greenway and McKeown then used local government law to demand a special council meeting at 7pm.

Cr Chitty said she had sought “a little bit of outside advice” and that “if we don’t have an executed contract, we have left ourselves a little bit exposed as a council and an organisation”.

She said she had obtained verbal advice from “an ex-lawyer who hasn’t practised for quite some time” and WA Local Government Association Governance Manager James McGovern.

Without a contract, we leave ourselves wide open,” Cr Chitty said.

“To me that rings alarm bells – the risk is if someone hurts themselves seriously … there’s a huge risk without a contract.”

Both she and Cr Greenway said they discovered there was no signed contract with new venue manager Clublinks on the weekend of November 21 when the shire’s new $14 million recreation centre was officially opened.

‘Gobsmacked’

“I also am gobsmacked,” Cr Greenway said.

It was a “classic example” of councillors not being informed, she said.

President Madacsi asked Cr Greenway to withdraw her “subjective” comments.

Cr Greenway refused, and President Madacsi issued her with a formal caution.

Cr McKeown said the lack of a signed contract meant it was “not at all clear” who was responsible for public liability and workers compensation insurance at the site.

He said councillors had agreed to the essential terms for a contract on September 22 and the pool had been open for five weeks.

Cr McKeown asked why it had taken so long for the contract to be finalised.
“Who bears responsibility if an accident happens on that site?” Cr McKeown asked.

“If we haven’t got a contract, should those people be there?

“Should the site actually be open?”

Shire CEO Suzie Haslehurst said there was “clear legal intent” of an implied contract based on documented evidence of the essential terms.

“We have a clear letter of intent to enter into the contract,” she said.

‘Hair’s breadth’

She said the contract was within a “hair’s breadth” of being signed after “a bit of pushback” about the parties’ maintenance roles and responsibilities.

Both parties had sought legal advice.

“It’s a brand new site, and really tough to work out what’s going to be needed – that has been the major hold-up,” Ms Haslehurst said.

“The risks are actually being borne by Clublinks at the moment.

“They have in place public liability insurance and the facility itself is insured by the shire.”

Councillors voted 5-3 for Cr Chitty’s motion, seconded by Cr Greenway, that a contract be signed within eight days.

They were joined by Crs McKeown, Rayner and Pearce, and opposed by Crs Madacsi, Ruthven and Hart.

The contract was signed four working days later on Monday November 30.

The inquiry ordered no prosecutions or suspensions but made five recommendations which last month’s council meeting described as too vague for a formal response – as required by State law – without further direction and clarification.

‘Absolute powder keg’

It followed a public submission by Nunile ratepayer Frank Panizza who described nine of the inquiry’s findings as an “absolute powder keg” for suggesting that the shire should not take action to recover debts if legal costs exceeded the amount owed.

“I can’t overstate the parlous state that this puts our local government in,” Mr Panizza said.

“I just don’t think the authors even thought of that prospect, which in my view is absolutely damning of the report and its authors.”

The report recommends a governance review, councillor training, new Shire CEO Suzie Haslehurst to deliver a “comprehensive” report to the Director General of the Local Government Department on what councillors gained from training, independent CEO performance reviews and a review of the CEO’s authority to take legal action on behalf of the shire.

‘Half-arsed’

Cr Ben Bell said Ms Haslehurst’s recommended response was “awful” and “half-arsed”.

He refused to apologise when Shire Deputy President Beth Ruthven raised a point of order to object that his comment was “unnecessary”.

Shire President Rosemary Madacsi did not rule on the point of order but urged all councillors to “note we have an obligation to the community to conduct ourselves appropriately”.

“Why would anyone pay a fine if you know the legal bills are going to be higher than the fine?” Cr Bell said.

“We have had no clarification or direction from the department about how to deal with someone who doesn’t pay.

“It’s going to lead to an unsustainable council and administration with everyone saying

‘I’m going to make sure the legal bills are higher than the penalty and I know you won’t chase me’.

‘Tick and flick’

The inquiry report doesn’t address half of the concerns, and when the community sees this response it reads like ‘tick and flick’ and shows no forward path on how this council can be better,” Cr Bell said.”

New Cr Mick McKeown said Point 3 of the inquiry’s recommendations “asks the CEO to do the impossible” by delivering a “comprehensive report that demonstrates the knowledge and understanding I gained from the training”.

“I don’t know how the CEO can possibly do that,” he said.

Ms Haslehurst’s recommended response to WA Local Government Minister David Templeman was moved by Cr Susan Pearce and seconded by Cr Phil Hart.

It was defeated 6-1 with only Cr Hart in favour and Crs Therese Chitty and Paula Greenway absent on approved leave.

Cr Bell seconded Deputy President Ruthven’s alternative motion that the council defer its response to enable further discussion at a workshop before holding a special council meeting to vote on the outcome.

The motion was carried 7-0 and requires the council to finalise its response to the inquiry report by Tuesday November 17 when a 35-day statutory deadline expires.