Editor,
In September 2008 Singleton Mayor Sue Moore and I were elected as two of the three councillors for the Singleton General Manager recruitment process.
In November 2008 Ms Charlton a senior council staffer applied but was unsuccessful for the position. The position was not filled and was re-advertised. On December 15 I lodged a Code of Conduct complaint regarding what appeared to me Cr Harvison inappropriately directing Ms Charlton regarding matters I raised at an earlier Council meeting.
I complained to the Mayor who took advice and determined a breach of Code of Conduct. However, not long after this the newly elected Mayor became aware complaints are referred an independent reviewer for investigation.
Immediately, she formally removed her determination and apologised to both Ms Charlton and Cr Harvison and contacted all Councillors and senior staff to let them know.
However, despite the technical handling error the complaint stood. Independent expert advice was to continue my complaint. However, in the interest of conciliation and a better way forward -I formally withdrew the complaint and instead requested workshops on Code of Conduct and Meeting Practice.
In February 2009 Ms Charlton took legal action to remove the Mayor and I from any future involvement at all in the recruitment process. Council’s legal advice was not to remove ourselves. As a result, the next day – the Council, the Mayor and I were joined for action by Ms Charlton. To take action against Council Ms Charlton relied on affidavits from two councillors Harvison and Crane - council had affidavits from four councillors Moore, Howlett , MacBain and Smith for its defence.
On March 2, 2009, Councillors (not the Mayor or me) resolved to amend a December 2008 resolution to remove their offer to Ms Charlton for a further three months contract as acting general manager and re-appointed Gary Woodman.
On March 9, 2009 Ms Charlton took legal action for orders to access council confidential minutes, and documents that removed the offer of acting General Manager.
On March 16 Ms Charlton took action to join Gary Woodman as fourth respondent. On March 17 Ms Charlton took action requesting a written statement setting out the reasons for removing her as acting GM.
On March 18 the matter went to Court to decide whether hearing dates should be vacated to allow for mediation.
On March 23 mediation occurred. It was not successful. At the 11th hour the June hearing to remove the Mayor and myself from the GM recruitment process did not go ahead. The matter settled out of court. Not long after Ms Charlton resigned.
In September this year Mayor Sue Moore was re-elected by a comfortable majority of her peers. (Confidential Council documents held in this matter are accessible and known to the Councillors who re-elected the Mayor).
To defend itself against Ms Charlton’s actions has cost Singleton Council $449,000. The terms and conditions of settlement are confidential – however, I am trying to have a breakdown of legal costs made public.
All the information in this letter is public information. The cited case law judgments are publicly available and can be viewed at Case Law NSW Land and Environment Court website Charlton vs. Moore & Ors numbers. 25, 47, 48, and 61
I hope the public now has an understanding of what really happened.
Alison Howlett
Whittingham
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