Ashleigh Vandenberg has been suspended as a Melton councillor for 14 days after an internal arbitration process made a finding of misconduct against her.
Melton councillors Julie Shannon, Kathy Majdlik, Goran Kesic, Sophie Ramsey, Bob Turner, Steve Abboushi and Justine Farrugia (the applicants) lodged an application for internal arbitration against Cr Vandenberg on June 27, 2023, contending that she breached the ’standards of conduct’ through Facebook posts on her ’Cr Ashleigh Vandenberg City of Melton- Coburn Ward’ page on March 29, May 22 and 24 last year.
In a report tabled at last week’s council meeting, arbiter Louise Martin found Cr Vandenberg was in breach of the standards of conduct by “bringing discredit upon the council“ in the March 29 and May 24 posts.
Ms Martin also found that Cr Vandenberg breached the standards of conduct by “failing to treat her fellow councillors with dignity, fairness and courtesy“ in the May 24 post.
Ms Martin found that the May 22 post did not breach the standards of conduct because its purpose did not “wholly appear to be to criticise the council and bring discredit upon the council”.
Cr Vandenberg was directed to issue a verbal apology to her fellow councillors at the next council meeting at which she is in attendance, and a written apology on her Facebook account within 21 days over the March 29 Facebook post.
In her decision and statement of reasons, which was tabled at last week’s council meeting, Ms Martin noted the May 24 Facebook post was the subject of “pre-litigation proceedings“ at the time of the hearings, and as such it was “inappropriate“ for her to direct Cr Vandenberg to make an apology.
However, Ms Martin said given Cr Vandenberg “accused her colleagues of unlawful conduct and racial vilification in the Facebook post“, it was a “particularly serious breach“ of the standards of conduct, and directed that Cr Vandenberg be suspended for 14 days following the tabling of her reasons at a council meeting.
The March 29 Facebook post was in relation to Cr Vandenberg’s request for the development of a business case for an Aboriginal hub, as part of council’s 2023-24 budget submissions, which was rejected by council during its meeting on March 27, 2023.
Cr Vandenberg, who is Melton’s first and only First Nations councillor, wrote that she was told “the budget cut off had passed“ and that other councillors did “manage to bend the rules“ for a trial of a coffee cup recycling program.
Ms Martin wrote that the applicants contended the Facebook post “was not based on correct facts“ and “contained unfair influences against her fellow councillors and the council staff responsible for the cup recycling trial“, which was in breach of the standards of conduct.
Ms Martin wrote that Cr Vandenberg felt Indigenous issues were being “overlooked in favour of other things, such as the cup recycling trial”, and that was what she meant when she stated that the rules had been bent.
According to the report, Cr Vandenberg said she did not make the post in her capacity as a councillor, however Ms Martin felt otherwise.
Ms Martin agreed the post was not based on “correct facts“ and contained “unfair inferences against Cr Vandenberg’s fellow councillors”. She wrote the councillors “did not have a preferred project for which they managed to bend the rules”.
“As a result of the Facebook post, I am satisfied that a member of the public would be left wondering … why members of council were making decisions that give leeway to some projects and not to projects directed to Indigenous issues,” she wrote.
The second post on May 22 followed Cr Vandenberg’s attendance at the council’s Sorry Day event on the same day.
She stated she felt she had her “culture and identity ripped from me by the very council I am elected on“ and that she was “denied my culture and heritage“.
According to the report, Cr Vandenberg had previously stated she would like to be acknowledged as an Aboriginal woman at events such as NAIDOC, and felt that she hadn’t been acknowledged on this occasion.
Ms Martin found that while council chief executive Roslyn Wai did acknowledge Cr Vandenberg as an Aboriginal woman during the event, the acknowledgement was “sufficiently brief for Cr Vandenberg to miss hearing it due to her late arrival”.
The third post, made on May 24, was taken down by Cr Vandenberg on or around August 21, 2023. It was the matter of legal action.
Part of Ms Martin’s decision has been redacted from the report tabled last week and the post was not reproduced in the report.
Ms Martin wrote that Cr Vandenberg gave evidence she was at “breaking point” when she made the post but stood by its contents.
Ms Martin noted Cr Vandenberg felt her comments were a “truthful reflection of her feelings, beliefs and experiences at council”, however, she did not consider the language employed “to be appropriate given it was a post on social media about her fellow councillors”.
She said that in part of the post, Cr Vandenberg was alleging she was subjected to “blackmail“, “stand over tactics“, and “racist hate“, and that in further parts, Cr Vandenberg said she was ambushed in a meeting with then mayor Goran Kesic and Cr Lara Carli, that complaints were blocked, information withheld from her, and that she is “held hostage as an elected representative”.
The report said Cr Vandenberg also made personal comments about Cr Carli, which would have the effect of lowering her reputation and bringing the council into disrepute.
In a separate matter, Cr Carli initiated legal proceedings against Cr Vandenberg over the May 24 post, which she felt was defamatory.
Speaking at last week’s council meeting, Cr Carli said the matter had concluded and that as part of the settlement, Cr Vandenberg had issued a written apology and retraction.
* This story has been updated to clarify that Cr Vandenberg alleged she was subject to unlawful and racist behaviour.
