Councillors have endorsed the performance of Clarence Valley Council’s general manager, Ashley Lindsay, and, in effect, granted a one-year extension of his contract to accommodate his accrued long service leave.

Mr Lindsay made the request to councillors in a “confidential letter … explaining further the current situation”, the mayor, Jim Simmons, wrote in his mayoral minute at last week’s August 26 Clarence Valley Council (CVC) meeting.

Mr Lindsay’s now redundant contract was due to expire on July 23, 2022; his new contract expires on August 31, 2023.

As a result of the new contract, Mr Lindsay said it was his “intent is … to assist with the induction of the new council”, which is due for election in September 2021, “to enable them to decide what they want to do about appointing a new general manager”.

The Independent asked how Mr Lindsay would be replaced for the 12 months during which he takes his long service leave: could he be replaced by one of the directors for that time?

“They [councilors] will appoint an acting general manager; it could come from outside of the organisation,” he said.

The Local Government Act states that councilors can appoint a temporary general manager for a period of no longer than 12 months.

The Independent asked the mayor, Jim Simmons, if there was any plan in place to manage Mr Lindsay’s replacement when he takes his long service leave.

“That will be a matter for the incoming council,” he said.

“There is no intention for Ashley to go on long service leave in the next 12 months.

“I think with the Local Government Act and procedures there will be someone [appropriate] put in place; I don’t see it as a great problem.”

Cr Simmons mayoral minute stated: “Pending the approval of Council, it is the intention of the General Manager to enter into a Long Service Leave arrangement 52 weeks prior to retirement, with an agreed retirement date.

“The terms of the Standard Contract of Employment for General Manager’s cannot be less than 12 months and for this reason it is proposed a [new] contract of employment be executed, effective immediately, for a period of three (3) years.

“The contract is proposed to be executed at the existing annual Total Remuneration Package (TRP) ($283,668.75), excluding provisions of the Statutory and Other Offices Remuneration Act, post 1 July 2020.

“As General Manager, Mr Lindsay has provided steadying leadership to the organisation since July 2017, a period of time while Council implemented significant change that improved the financial position and continued future sustainability of the organisation.

“Having discussed the matter with the General Manager at his Annual Performance Assessment, held 18 August 2020, the Panel is supportive of this request.”

Meanwhile, during discussion of Mr Lindsay’s performance review at the August 26 CVC meeting, Cr Simmons pre-empted discussion on the item by saying that it was not his “intention to review the review”.

Cr Deborah Novak asked if an “evidence-based survey” of staff and/or community members had been conducted to “form the opinion”.

Cr Andrew Baker pointed out that “we should be guided by the Office of Local Government guidelines”.

Cr Karen Toms said it was “a bit disconcerting that Cr Novak does not understand the process … [which was] adopted in 2018” and said she “trusted” that those on the committee had “treated” Mr Ashley “fairly”.

Cr Arthur Lysaught noted Mr Lindsay’s leadership, regarding CVC’s win at the Local Government NSW Awards for ‘Excellence in Communications’ (for councils with populations between 30,000 and 70,000), and how he managed recovery communications following the 2019 bushfires.

“We should be very proud of the award and what the general manger has done,” he said.

Cr Lysaught said Mr Lindsay is “probably scrutinised at a level greater than any other employee in the valley”.

Cr Andrew Baker said he was “completely comfortable with this and I’d like to thank the members of the performance assessment panel”.

Cr Jason Kingsley said he “certainly endorsed the comments” of his fellow councillors and commended the general manager.

“It has been a demanding and trying 12 months,” he said, “[the general manager] has exceeded my expectations …  he is his harshest critic.”

Cr Greg Clancy reiterated the stance he has taken each time the general manager’s performance review comes up.

“I am not happy with process,” he said, “but I have to accept it and will vote to note the assessment because we not here to reopen the discussion.

“In the future I hope to have the opportunity to change the people who are on the panel … it tends to favour people who are fairly popular, like our mayor and deputy mayor.”

Only Cr Novak opposed the general manager’s contract extension and performance review.