The Mayor's Statutory Declaration v. The Auditor General's findings. 

1. The Mayor and the Council is now find themselves in a very difficult position, because  the Mayor made a Statutory Declaration to  the Director General of Local Government on August 30.

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2. The Auditor General has highlighted the portion of the document where The Mayor makes it clear this was a Council recruitment process, not just her.  "Professionally" and with  "necessary integrity" to make an "Appropriate determination."

A 'Stat Dec' is a legal document, It is true, because it is an offence for it not to be. 

3. The Auditor General tabled the outcome to Parliament on Tuesday 12th October, of his investigation, which found something different occurred in relation to the recruitment process and Conflict of Interest.

The Auditor General states 

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And in the executive summary, damning words

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4. The Auditor General has found what Council did to inadequately manage the Conflict of Interest 'falls below expected standards of managing conflicts, particularly having regard to the need for public confidence in the recruitment process of its general manager' 

5. It was a 'flawed recruitment process' 'the potential for bias and unfair treatment....was significant throughout the process' and it "Undermined public confidence' and the process 'lacked integrity' therefore:

 

6. There is a true, legal, Statutory Declaration written and signed by the Mayor, on behalf of herself and the Council.

There is a true, legal, Director General's report, tabled in Parliament. 

7. One of these documents, the Stat Dec or the AG report are possibly "statements that are “false in a material particular”, which can be satisfied beyond reasonable doubt. In other words one of these statments is true, so the other can't be. 

It now rests with the Mayor and the Council to prove that the Auditor General has lied about the Council's actions in his report.

 

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8. In this case the Mayor and council had already asked for a legal review of the process, this occurred on August 25th, and before the report was forthcoming the Mayor signed a Statutory Declaration on Monday, August 30.  The rest as they say, is history.