The Alcohol Debacle – Last Orders Called

Question: Is it normal for a Council CEO to instruct a State MP (Nina Taylor) to delete public records? Is it lawful?

Question: Who unlawfully instructed the Council’s lawyers to oppose Consent? Is it fraud?

Question: Is it okay for any Mayor to knowingly be part of the above?

Question: Is any of this remotely okay?  Even one slither of it okay?

OUR Council

You could not make this stuff up. Sadly, it is true, it is in writing, it is serious, it is brazen. Which tells us that we can all expect more of the same unless it is stopped – now.  This conduct costs all of us, the community.  It’s not okay.  

      • Definition of fraud“Dishonest activity causing actual or potential financial loss to any person or entity” (Council’s own fraud policy document)

        • The context – a highly contentious planning application relating to a proposed open-air roof top bar, live music, DJ, 7 days a week till 1am, atop the Middle Park Hotel. The planning application was opposed by more than 2,000 local residents.

          • Deleting documents – Council CEO demands in writing that state MP Nina Taylor delete official records – true!

            • Fraud? – An agreed commercial solution between residents and the pub owner was sabotaged by an unlawful act by the Council. Fact. A fact our Mayor has refused to address nor respond to multiple written requests to do so. Fact.

              • Impact is real – Council fraud impacts a community’s way of life forever more. Which innocent suburb will be next?

            Below are simple inescapable hard facts in writing – the evidence, the proof.

            Deletion Of Public Records

            On the 28 April 2023 the City of Port Phillip Council’s CEO issued an email instructing State MP Nina Taylor:

            “I request that you delete and do not forward the emails from Adrian”

            Chris Carroll, CEO, 28 April 2023

            The emails relate to highly sensitive issues. Matters that implicate the Council.

            The Mayor’s response to residents concerns about the Council CEO instructing a State MP to delete public records:

            “Chris is on well deserved leave this week”

            Mayor Cunsolo, 1 May 2023

            Really?  The Council’s governance has just been shredded and this is the response?

            Donald Trump – It’s not okay

            Is it normal and is it okay for public officials to be involved in the deletion of public records?   Apparently not.

            Even Donald Trump is not immune from prosecution on exactly the same issue.

            “Trump charged over ‘asking staffer to delete footage’

            AFR, 28 July 2023

            In Australia – It’s not okay

            This month the National Anti-Corruption Commission (NACC) reported the following:

            “In addition, there was no evidence that Ms Chester [former ASIC deputy chair] has improperly deleted messages or other official records”

                                                                                  The Australian, 12 September 2024

            It’s not okay for an American President to delete public records, it’s not okay in the rest of Australia to delete public records, but at the City of Port Phillip Council?

            I’m off down the pub at this stage to check-in with my mates for a sanity check.

            One year later, more of the same behaviour and worse from our Council. Read on. 

            Unlawful Conduct By Our Council

            After much patient shuttle diplomacy, local Middle Park residents had agreed a definitive solution with the owners of the Middle Park Hotel – no planning permit to be issued, no roof top bar ever to be built and residents to get back $200k+ in legal fees (the solution).

            All parties to the VCAT proceeding had agreed to end the VCAT case (Consent order).  However, a rogue Council person(s) had other ideas. 

            On or before 24 April 2024 a Council person unlawfully instructed the Council’s lawyers Best Hooper to oppose Consent. Consent that would have put to bed Middle Park village’s heartache and the concerns of 2,000 local residents that objected.

            There are two fundamental issues with this unlawful act committed by the Council.

            Fundamental Issue Number One

            On 1 May 2024, seven days after the unlawful act, the Mayor advised local residents in writing that the Council was NOT even aware of the Consent order. Go figure!!!

            “… council officers were not aware of this until you have sent the Consent Order to us”

            Mayor Cunsolo, 1 May 2024

            At this point, I am already on to pint number three. Barman, another please!

            In the immediate days that followed the Mayor’s email, the Mayor failed to respond once to emails from residents urgently seeking clarity.

            Fundamental Issue Number Two 

            On 10 May 2024, the Council’s lawyers Best Hooper advised VCAT that only a meeting of Councillors at a Council Meeting could form a position on Consent. Council Officers did not have the power to form a position on Consent.

            You might ask why did the lawyers write this.  The answer, the Council’s lawyers dropped the ball, made a mistake in admitting the truth.

            Fact – No such meeting of Councillors had taken place on or before 24 April 2024. 

            Why? Because until 1 May 2024 the Mayor and the Council were not even aware of the topic of Consent!!   But somebody at the Council clearly was. Who?

            Who unlawfully instructed the Council’s lawyers to oppose Consent on or before 24 April 2024?

            Mayor’s Conduct Not Okay

            Since mid-May 2024 residents have written on multiple occasions to the Mayor seeking an answer to this very simple question:

            The Mayor has refused to reply to the question. 

            The Mayor knows nothing?  Really?  Does the Mayor really know nothing?

            The Mayor has steadfastly refused to respond to multiple requests to answer the question “Who unlawfully instructed the Council’s lawyers….?”

            Why is the Mayor unwilling to respond?   

            Who benefits from the Mayor’s ongoing refusal to respond to black and white documented facts?

            A Council Mayor is responsible for setting the governance standard for the Council as a whole. 

            Who at the Council would be senior enough to have direct access to external lawyers focused on planning matters and to the exclusion of all other Council Officers?

            Last month the residents’ lawyers wrote again to Best Hooper, the Council’s lawyers. Yet again Best Hooper has refused to answer the question ‘who instructed you to oppose Consent?’

             

            The Decision Before Us


            The question and choice we face as a community, Port Melbourne residents and residents across the City of Port Phillip alike is a stark one – do we trust our Council?

             

            Does the above even begin to get past the pub front door? You decide

            Finally, And On A Lighter Note

            I close with a short 3-minute video clip below:

             

            Attached are independent articles for those wanting to explore further:

            ‘Trump charged over ‘asking staffer to delete footage’ AFR, 28 July 2023

            ‘NACC drops ‘corruption’ probe into former ASIC deputy chair Karen Chester’ The Australian, 12 September 2024

            Authorised by Adrian King. PO Box 5308 Middle Park, 3206 VIC