Hilltops Council mayor Brian Ingram has placed the council in possible legal trouble by not signing acting general manager David Aber to a valid contract after former GM Anthony McMahon resigned.
It was revealed at this months council meeting that former GM Anthony McMahon had signed over the authority for David Aber to act as GM whilst he was on holidays, but when Mr McMahon decided to resign that authority became null and void.
From that point, the mayor should have signed Mr Aber to a new contract but did not do so. The result of that decision is that Mr Aber has been acting as GM for the council with no authority to do so.
Deputy mayor Tony Wallace said the mayor’s oversight was “somewhat concerning” and asked that the council seek legal advice.
“I have contacted the office of local government about this matter and they have advised me that if we have concerns, we should seek independent legal advice,” he said.
“I think this has further implications.”
Acting general manager David Aber said he has “some” concerns about the position he finds himself in.
“I am reasonably comfortable that there have been no significant contracts signed during this time,” he said.
“But I do share the concern that I have been placed in a position where unwittingly I may have acted without the due delegation.”
Mayor Ingram took full responsibility for the oversight and apologised to fellow councillors.
“There is no doubt that this is an oversight of mine and I carry the responsibility,” he said.
“I should’ve made a resolution, I should have had it minuted, and I should have reported back to senior staff in writing when the date came to sign Mr Aber as the acting GM.
“I apologise and thankfully nothing major has popped up in that time, but it is my inaction that has placed council and the acting general manager in an uncomfortable position.”