The MLC for Western Victoria Bev McArthur has accused the City of Ballarat and its CEO of breaching governance guidelines and attempting to coerce councillors by releasing a media statement naming the preferred tender for the lake lighting project.
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Mayor Daniel Moloney has in turn criticised the MP for politicising the issue and attacking CEO Evan King, saying her statement was an attempt in itself to coerce councillors and 'borderline defamatory'.
The council named Bendigo-based contractor DeAraugo and Lea Electrical as its preferred tender for consideration by councillors at this week's council meeting.
Escalating debate over the issue, Mrs McArthur released a statement saying the council's decision to name the contractor appeared to be a response to a public rally opposing the lighting held the day previously, and was in breach of council's own tender guidelines by not informing other bidders they were unsuccessful.
Council's release "has potentially created multiple legal and failure of governance issues", Mrs McArthur said.
"The public naming of the preferred tender is difficult to see as anything other than an effort to coerce the public - and particularly the nine councillors - into believing the awarding of the tender is a done deal. It is not.
"Such was the potency of the intent with which the media release was written that media also reported it as a fait accompli. If this was a court case, the jury would be thrown out on the premise that the capacity for a fair trial had been contravened. As such, I have written to the Victorian Minister for Local Government asking that he investigate the 'undue influence by Mr King over elected representatives'".
Mrs McArthur, opposition spokesperson for scrutiny of government, said her letter to Minister Shaun Leane highlighted the impossibility of council's vote on Wednesday to 'achieve anything other than a litigious outcome for tenderers, either successful or unsuccessful.'
"It exposes the company to public ridicule and reputational damage should the tender process not go as 'recommended'", Mrs McArthur wrote.
"Should councillors now vote in support of the very public recommendation, the unsuccessful companies may now also have a litigious avenue caused by the potential failure of the council to consider all tenders given the coercive nature of Mr King's statement."
"My letter clearly indicates that the matter may also be referred to other inspectorate and oversight bodies," Mrs McArthur said.
"The post-rally media release of the recommended tender one week out from a vote, smacks of spite by the City of Ballarat, keen to silence opponents, and potentially coerce councillors. I will inform Minister Leane of potential further breaches of governance protocols... in what looks like a panicked effort to rush and crash-through an Andrews Government election promise.
"The City of Ballarat must now advise Ballarat residents of its conduct in this matter before Wednesday's vote. It must tell the community if it has done the wrong thing. Ratepayers have a right to know if their Council has again put itself into a yet another failure of governance nightmare."
Mayor Daniel Moloney launched a withering defence of council's decision and of the CEO.
"To suggest that the CEO is coercing councillors is both ridiculous and defamatory," Cr Moloney told The Courier.
"I have not in my five years as a councillor seen a tender decision so heavily politicised.
"The irony here is an upper house MP is alleging our CEO is trying to coerce councillors, while at the same time doing that herself.
"I want to be very clear: I don't care what political party you are, this is a tender decision of councillors where they will hear a whole range of competing views, and it has to be a decision based on the merits of the tenders, not on political influence, one way or the other.
"The reality is there's a mix of political interests on council, we're lobbied by all sides of an argument, and the more the lake lighting issue goes on, the more politicised it gets.
"We have to weigh those competing arguments and interests, and apply impartial logic to the decision.
"We'll look through all the tenders, weigh up the dollars involved, the scope and experience, the safety record and ability to do the job. It's pretty clinical."
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