Regional council latest to face transparency concerns
An email exchange about a councillor’s Facebook post has been tabled in parliament, illustrating broader concerns about ratepayer money spent on legal action and the power of mayors.
Independent MLC Frank Pangallo tabled what he said was a “threatening” email from Whyalla Mayor Phill Stone to councillor Tamy Pond in the Legislative Council on Tuesday.
The email, seen by InDaily, was sent in December 2024 and requested Pond remove a Facebook post and comments in which she expressed sympathy to the community affected by the turbulent Whyalla Steelworks.
Stone requested Pond stop encouraging questions and comments on social media and said they would meet to address concerns about her behaviour and potential breach of council policy.
Pangallo told the parliament that by sending the email, “the Whyalla Council adopted a very heavy-handed and undemocratic approach to muzzle one of its councillors”.
“The glass-jawed mayor did not like any negativity, accusing Ms Pond that her views may be misinterpreted and could contradict those of the mayor and the council.
“To any reasonable person, they don’t. This council works for the people of Whyalla, who have a right to know.”
A Whyalla Council spokesperson told InDaily the email “was in no way a threat to Councillor Pond – it was about ensuring consistency in the representation of Council”.
“This is an outlandish and unfounded criticism,” the spokesperson said.
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“The purpose of the email was precautionary, aimed at prompting a discussion to prevent a potential breach of council policies and standards. The primary focus was ensuring consistency in the representation of Council.”
Pangallo told the parliament this case is one in a “disturbing trend”.
“A disturbing trend is emerging among certain councils where the administration, through mayors, seek to silence criticism and or innocuous posts on social media by councillors with legal threats under the guise of causing mental health harm to staff,” Pangallo said.
A Public Integrity Survey into local government was released by the Independent Commission Against Corruption (ICAC) earlier this month, which revealed concerns across the sector about misuse of authority.
One in five participants said they encountered misuse of authority in the workplace, with ICAC finding local councils are “especially vulnerable” due to the power given to CEOs, mayors and elected members.
One participant said they were “horrified” at the freedoms and responsibilities afforded to council CEOs, while another said, “the quality of oversight depends on the quality of Elected members”.
“Mayor having too much influence on decisions and direction of Council objectives and ambitions,” another ICAC submission read.
When InDaily asked Whyalla council if the email exchange is an example of a systemic issue of councils silencing criticism, a spokesperson said, “councillor Pond’s post was not criticising council, and Mayor Stone’s email was not about silencing criticism, but ensuring consistency in the representation of Council.
“Council welcomes constructive feedback – both positive and negative – from its Elected Members, ratepayers, the broader community, media and any other stakeholders with a vested interest in Whyalla. This is critical to Council’s continual improvement.”
Pangallo also raised concerns about ratepayer funds being spent on legal action by councils, saying Pond was “forced” to take down her Facebook post after receiving a threat of defamation.
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When asked by InDaily how much ratepayer money was spent on legal advice and issuing defamation notices pertaining to this matter, a Whyalla council spokesperson said “no threats of legal action were sent to Councillor Pond”.
In December, the ABC reported Whyalla council sent four take-down letters to residents via law firm Kelledy Jones Lawyers.
Resident Nick Antonio, who received a legal letter at the time, put in a freedom of information request for access to the email from Stone to Pond, but it was knocked back.
Antonio appealed to the Ombudsman Office, but the Deputy Ombudsman supported the council’s decision not to release the email.
Pangallo told the Parliament that the Deputy Ombudsman’s determination was “extraordinary” and “alarming”.
“My questions to the [Local Government] Minister are, is he concerned that ratepayers’ money is being spent to shut down the democratic rights of ratepayers and elected representatives to have an opinion,” Pangallo said.
“And is the Minister concerned that the Deputy Ombudsman’s determination undermines the integrity agency’s role in being a guardian of transparency in government?”
The council spokesperson said, “council was acting within its rights and obligations under the FOI process to not release the email in question”.
“It was a confidential exchange between Mayor Stone and Councillor Pond,” they said. “This decision was upheld and validated by the external review conducted by the Deputy Ombudsman.”
Antonio said the process to have the email made public and the pushback he’s received from the Whyalla council is poor governance at a time when their community is already under stress.
“I’ve lost faith that our mayor has the ability to lead the community through this difficult time,” Antonio said.
While Antonio said he understands the steelworks is out of the council’s scope, Pond’s Facebook post was a harmless gesture to show her support and willingness to hear from the people of Whyalla.
“What is in their control is what happens within the boundaries of Whyalla, and whether they’re supporting the community going through a tough time or residents struggling, that’s what they’re there to do,” Antonio said.
“For a councillor to come out and simply say that they’re there to offer support and be muzzled, that’s not transparency, that’s not good governance.”
Pangallo’s questions to the Local Government Minister were taken on notice to be answered by the minister.
Local Government Minister Joe Szakacs was contacted for comment.
