Hepburn Shire Council has been plunged into an unprecedented operational crisis, effectively grinding to a halt following the recent serving of criminal charges against three more of its elected representatives. This latest development, instigated by a private citizen, leaves the council with only two active councillors, rendering it unable to form a quorum and carry out its essential legislative functions.

Councillors Shirley Cornish, Lesley Hewitt, and Pat Hockey were served with rarely-used private prosecution charges on Tuesday. These charges, laid by local businessman David Penman, follow similar unproven allegations he recently filed against Mayor Tony Clark. Mr. Penman had also previously brought charges of misconduct in public office against long-serving councillor Don Henderson and council CEO Bradley Thomas. The core of the charges against Ms. Cornish, Ms. Hewitt, Mr. Hockey, and Mayor Clark reportedly revolves around allegations that the Hepburn Shire Council adopted its current annual budget without adhering to necessary financial documentation protocols.

Council Operations Suspended

Under the provisions of the Local Government Act, councillors who are facing criminal charges are mandated to step down from their duties until the legal matters are resolved in court. Mr. Penman's sustained legal actions have triggered this section of the Act, leading to the standing down of Councillors Cornish, Hewitt, Hockey, and Clark. With a minimum of four councillors required to constitute a quorum for meetings, the council currently finds itself with only two active members, Brian Hood and Tim Drylie, effectively preventing it from holding its crucial monthly sessions.

The council has issued a strong statement regarding the situation, asserting that these private prosecutions are a direct assault on democratic processes. "The matters are proceeding as private prosecutions and, like the previous charges, have not involved any investigation, fact-finding process, or assessment by Victoria Police or any public prosecutorial authority," the statement highlighted. It further expressed profound disappointment, stating, "Council is bitterly disappointed with the impact that this individual’s actions are having on our community and its right to be represented by its democratically elected representatives. This move appears to be a purposeful manipulation of the Local Government Act 2020 intended not to address any reasonably suspected wrongdoing, but instead to disrupt council's elected representatives and the fulfilment of their functions."

Impact on Local Community and Governance

The immediate consequence for Hepburn Shire residents is a significant impediment to local governance. While essential day-to-day services such as road maintenance and rubbish collection will continue under the management team's delegated authority, the council's ability to make major decisions is severely curtailed. Councillor Brian Hood, one of the two remaining active members and who voted against the adoption of the most recent budget, clarified the implications. "What can't happen is councillors meeting in order to enter into new major contracts, new capital works, any major decisions that require the councillors to make the decisions," he stated, emphasizing the critical standstill.

Councillor Hood acknowledged a "mixed reaction" from the community regarding the unfolding events. "They see it as a threat to normal processes," he noted, while also recognising that others might seek accountability through legal avenues. The extraordinary situation has also prompted discussion at the state level. There are indications that the state government is considering amendments to Section 229 of the Local Government Act to prevent similar disruptions in the future. Furthermore, with the lack of sitting members, the local government minister may consider appointing an administrator to oversee the council's affairs, which Councillor Hood suggested "may well be the only available option." The long-term reputational damage to the shire and the financial costs associated with the ongoing controversy remain significant concerns until these matters are resolved in the courts.