The Weaponisation of the OLG

The Weaponisation of the OLG: A Christmas Present No One Asked For - By Chris Chan

As the year winds down and council chambers across the country begin to relax into the holiday season, one would expect that local government affairs in Snowy Monaro would follow suit. But instead of the usual festive wrap-up, the Snowy Monaro Regional Council has found itself facing the brunt of a Performance Improvement Order (PIO) dropped by the NSW Minister for Local Government just a few days before Christmas.

At first glance, parts of this PIO seem like positive steps toward financial stability. The emphasis on retaining budget discipline and ensuring cash reserves are maintained aligns with the need for Snowy Monaro to achieve financial sustainability. After years of ratepayer concerns over mismanagement, at first glance it would seem that transparency in asset management and a focus on project funding are logical steps. Credit where credit is due – ensuring a sustainable budget benefits the whole community.

However, a closer inspection reveals something far more troubling beneath the surface. The issuing of this PIO reeks of political maneuvering, a weaponisation of the Office of Local Government (OLG) and seems designed to silence independent voices – in particular, Councillor Andrew Thaler.

A Council Beginning to Stabilise

Mayor Hanna's role in this unfolding drama cannot be overlooked. Instead of fostering unity between the two factions (the gang of six wanting to maintain the status quo vs the independent councillors who want to see transparency and accountability), Hanna has consistently chosen to inflame tensions. His actions, alongside his Labor allies, have likely played a pivotal role in prompting the OLG's intervention. Rather than bridging divides and working collaboratively, Hanna has exacerbated the situation, further entrenching division within the council.

It is difficult to ignore the sense that someone with more experience in governance, such as former Bombala Mayor Bob Stewart, might have handled this situation differently. Stewart, known for his ability to mediate and bring people together, may have sought compromise and cooperation rather than resorting to heavy-handed tactics. By contrast, Hanna's approach has not only burned bridges but has contributed to the narrative of victimhood, all while depriving an elected representative of his rights.

The most perplexing element of this intervention is the timing. For the first time in months, Snowy Monaro Council appeared to be stabilising. Despite fiery beginnings and divided factions, the last council meeting saw over half the motions passed with broad agreement between both the Independent councillors and the incumbent faction. It felt as though the Council was, at long last, turning a corner towards cooperation and collaboration.

Yet, just as the chamber was beginning to find its rhythm, this PIO was issued. The rationale? Allegations of poor behavior, psychosocial trauma, misconduct, and a supposed threat to council operations and financial sustainability. If anything, the recent interactions at meetings tells a different story – issues addressed and outcomes sought, across the aisle.

The timing seems curious, if not outright suspicious. In fact at the last meeting, you can find Cr John Rooney joking with Cr Andrew Thaler despite not voting on his motion - “While I appreciate Thaler’s humour, this isn’t his finest work.” - is this not evidence that two rivals can amicably agree not to agree?

A New Interim CEO and Curious Timing

Adding to the intrigue is the recent appointment of a new Interim CEO, just weeks before the PIO landed. It begs the question – was this appointment a coincidence, or part of a broader strategy to guide the council toward a predetermined outcome? Inserting leadership at such a critical juncture feels less like a fresh start and more like an external hand steering the ship. The new Interim CEO is also known to have close links to the Office for Local Government.

Double Standards: Georges River and Snowy Monaro

The most glaring hypocrisy lies in the treatment of Councillor Thaler, compared to Labor-affiliated councillors elsewhere in NSW. Just days ago, Minister Ron Hoenig threatened Georges River Council over their efforts to silence dissenting Labor councillors such as Ashvini Ambihaipahar and Thomas Gao who spoke to the media. Hoenig's intervention was lauded as protecting democracy and free speech. Yet, in Snowy Monaro, the very same Minister is using the heavy hand of the OLG to muzzle free speech erode the foundations of democratic debate by censuring Cr Andrew Thaler for what amounts to holding the Council to account.

How is it that speaking out at Georges River is seen as courageous, but in Snowy Monaro it constitutes misconduct? Could it be that Labor mates protect Labor mates? Thaler's vocal presence on social media and insistence on transparency may be unorthodox, but they are hardly grounds for punitive measures designed to curb his ability to engage with constituents.

Unproven Misconduct: A Dangerous Precedent

How would you feel if you were falsely accused of bullying, harassment, and intimidation, yet denied the opportunity to defend yourself or even know who was making the allegations? This flies in the face of due process, established principles of justice and fundamental procedural fairness. The right to face one’s accuser is a cornerstone of natural justice, enshrined in legal doctrines like procedural fairness and the principle of audi alteram partem – 'let the other side be heard.' As it stands with the Minister’s letter being publicly released prior to any due process, Cr Thaler has been “stitched up” and his reputation sullied, without any opportunity for defense.

To deny Cr Thaler the chance to respond, while simultaneously shielding those making accusations, sets a dangerous precedent that undermines the very foundations of due process and justice. When anonymous and unsubstantiated claims are used to justify punitive measures, the fairness and legitimacy of the process must be called into question.

Councillor Andrew Thaler has been vocal about the unfair nature of these accusations. In his own words:

"I hesitate to comment.. BUT.. there has been no process. I have not had any allegations put to me, there are ZERO code of conduct allegations now.. But in the council's narrative and the Minister's mind these facts are inconvenient and so they are ignored. My rights at law are completely ignored too. The rights of the complainants.. in the case of any genuine complaints have been ignored too. Most of the complaints are pathetic, puerile, malicious and vexatious... This whole situation is a political attack upon me by the corrupt Labor party aided and ably abetted by the corrupt Hanna gang."

His words underscore the precarious nature of basing such drastic measures on unsubstantiated claims. Allowing unverified accusations to dictate council intervention undermines the very principles of due process and fairness.

Take, for example, the complaint dated 7th November, which states: 'Cr Thaler sent an email to councillors and council staff .. in response to an email regarding a road issue,.. the content of which is considered to be a personal attack, overbearing, threatening, intimidating and harassing.' Let's be clear – the roads in Snowy Monaro are deteriorating, 30,000 potholes at last count, and residents face daily frustrations over infrastructure neglect. Are we seriously suggesting that a councillor demanding answers and accountability is out of line? It's laughable to expect Cr Thaler to respond with flowers and pleasantries when ratepayers are dodging potholes that resemble craters and paying for damaged rims on vehicles. The focus should be on fixing the roads, not policing the tone of those pointing out the problems.

Cr Thaler's job is to demand accountability. Calling that intimidation is absurd and indicates that council officials are living in an alternate universe. Elected officials aren't there to pat council staff on the back for mediocrity; they're there to fight for better outcomes for ratepayers.

The reality is that the bulk of these complaints reflect a council uncomfortable with criticism rather than concern about alleged breaches of conduct. Democracy thrives on debate, tough questions, and rigorous scrutiny. Branding these essential elements of governance as harassment is not only petty but dangerous. If councillors can't challenge the status quo without fear of reprisal, what hope is there for genuine progress?

The PIO lists a number of misconduct allegations against Cr Thaler, but none of these accusations have been formally investigated or substantiated. They exist as recorded complaints, yet they are wielded as justification for disciplinary action. This raises significant concerns about fairness and the democratic process.

Moreover, publicly disclosing these allegations without identifying the accusers introduces another layer of injustice. If Cr Thaler's conduct is under public scrutiny, those making the allegations should also be accountable. Shielding complainants, while publicizing accusations contradicts the principles of transparency and fairness. This imbalance undermines trust in the system and questions the legitimacy of the process.

As soon as he was elected, the SMRC sought to invalidate Cr Thaler’s appointment with action to prevent him attending council meetings. This necessitated Cr Thaler threatening legal action in the NSW Supreme Court which resulted in Cr Thaler being allowed to attend meetings and also the resignation of the CEO. The local Member for Monaro, Steven Whan, knows more than most councillors because Whan indicated on ABC radio shortly after the CEO’s resignation that: “he (the CEO) needed to resign very early because of threats being made in legal terms against him. Personally. To hold him personally liable to things”.

There has been an attempt by senior council staff and the Gang of Six to cover up the reason for the CEO’s resignation and their ongoing refrain seems to be: “nothing to see here”. It is disturbing that the Minister hasn’t looked into this. Labor mates protecting Labor mates?

No one standing on solid legal grounds in relation to their official function, suddenly resigns. Yet, there has been an attempt to maintain that the CEO who had been in position for less than one year, simply resigned for his own reasons. Clearly, Mr Whan and his mates (or matesses), know more than some elected councillors, who have a statutory obligation to receive the resignation of the CEO.

A Holiday Hijack

To issue such an order the week before Christmas feels not only punitive but calculated. This is a time when legal avenues are harder to pursue, with many government bodies and law firms closing for the holidays. Forcing councillors to scramble for advice during the festive period is an unfair tactic; one designed to pressurize the council into acquiescence without the necessary resources to respond effectively.

It paints the picture of a Minister and his henchmen in the OLG being out of touch with local realities, or worse – one actively working against them.

An Unnecessary Intervention

If the OLG's goal is to ensure Snowy Monaro's financial health, the recent trend of cooperative governance was already leading us there. The council was showing progress, and despite differing approaches, the factions were beginning to move closer on core issues. The sudden ministerial intervention appears less like a measure to improve governance and more like a strategy to consolidate power by sidelining vocal opposition.

Conclusion: A Curious Christmas Surprise

The issuing of this PIO, with its questionable timing and heavy-handedness, leaves a bitter taste. As ratepayers, we should all question why the Minister feels it necessary to insert himself so aggressively into Snowy Monaro's affairs while protecting dissenting Labor voices in councils elsewhere. Is it the Minister, or is it the faceless burueacrats in the OLG at the helm, supported by senior council staff, fighting back against scrutiny and accountability.

As we head into 2025, the residents of Snowy Monaro deserve transparency, accountability, and above all, justice from their governing bodies. If this PIO is truly about improving council operations, let it be applied consistently (including to the Minister himself!) – not wielded as a political tool to silence those who dare to speak out.

Merry Christmas from the Snowy Monaro. Here’s hoping the New Year brings not just accountability for the council, but also for those who seek to manipulate it.