SWAN Hill’s mayor and council have agreed to unvaccinated chief executive John McLinden working from home and attending council meetings virtually.
Mr McLinden, who holds “strong personal views” on the vaccination issue confirmed to the The Guardian on Thursday he had failed to meet COVID-19 vaccine compliance.
“No, I’m not vaccine-compliant at this point in time, so I am working from home,” he said.
“Council strongly supports vaccines in our community and workforce, but recognises it’s each individual’s choice.
“That’s the important line I’m threading here with how I implement management of my council staff.”
Asked whether he intended to get the jab, Mr McLinden said it was a “personal choice that I don’t want to play out in the media”.
“I have got some very strong personal views on this.
“Sometimes you have got to have the courage of your convictions.”
This week the Victorian Government said the Chief Health Officer’s public health orders suggested it wouldn’t be possible for anyone to attend an in-person council meeting unless they were vaccinated once Victoria reached 80 per cent double-dose vaccination status, or entered the threshold for phase D of the COVID-19 national plan.
Mr McLinden was absent from an ordinary council meeting this week, at which councillors voted to approve the attendance of staff at council meetings by virtual means where necessary.
Section 394 of the Local Government Act 2020 provides for councillors to attend and for council to conduct council meetings through virtual technologies. Swan Hill Council has held a “limited” number of virtual meetings.
Mayor Bill Moar declined to respond directly when asked if he had no issue with the leadership of people unvaccinated against the coronavirus.
“Under the Chief Health Officer orders, we are working within those rules, council is fulfilling its roles,” he said.
“More than 75 per cent of staff have had to work from home. I think we have done a fantastic job to fulfil those roles in service deliveries under such pressures.
“There are CEOs all over the country still working from home a lot of the time — majority of the time.
“Nothing changes really.
“Service delivery is what matters, so if we keep that up then there are no issues in this point in time.”
Director of corporate services Joel Lieschke said it had been the council’s preference to meet face-to-face wherever possible and to have a public gallery when restrictions allowed.
“Council’s legal advice clarifies that it is possible and in fact is an obligation of council to provide for virtual attendance at council meetings,” he said.
“This will be necessary if all councillors of the municipality are not vaccine-compliant.
“Council will be able to offer a hybrid model of attendance where some councillors will attend in person, whilst others will be able to attend virtually.
“It is clear from the legal advice that councillors can rely on Section 394 of the Local Government Act 2020 to provide them with the legal right to attend council meetings virtually up until April 26, 2022, at which time these provisions expire.
“It is unclear at this time as to whether those provisions will be extended or replaced with an alternative set of arrangements.”
Mr McLinden said the council would make a decision “as we progress” if he were to be stood down or dismissed for being unvaccinated.
“It’s not a conversation that’s been had with council at this point in time … no discussion about being stood down or dismissed,” he said.
“There are so many milestones — come December 1 or 2, parliament sits and they will look at the emergency power orders.
“That underpins all the mandate vaccine stuff and a number of other rules.
“We will understand what happens post the first week of December, which provides clarity in which direction Victoria is heading in terms of vaccine mandate status.”
Cr Ann Young supported the motion for hybrid council meetings, saying it was a “great opportunity as we live in unprecedented times for people to be able to be linked in if they’re not here”.
Cr Jade Benham, who lives 140km from Swan Hill, near Robinvale, said it “couldn’t have come at a better time”.
Cr Les McPhee, who spoke against the motion, said the council was for councillors, with staff in attendance “to support”.
“I think face-to-face meetings are always the preferred option, and with Zoom, we know there are connection difficulties,” he said.
“I think there’s the danger that we pay council staff to be on the ball, we pay them good dollars to be across issues which they then bring to council.
“And then there’s possible issues with connectivity – if a person can’t be connected, are they just absent? If we lose councillors, do we not get a quorum?”
Cr Moar told The Guardian it was up to individuals to make their own decisions about whether to be vaccinated.
“I’m not going to be part of a group that turns out to be a vigilante group hunting down unvaccinated people,” he said.
“We are supposed to be a tolerant society.
“At the moment we have 95 per cent of the community vaccinated, so the vast majority are on board.
“They are doing the right things and there has been very little infection up to this time, so it’s testament to the whole community coming on board.
“But by the same token, we have to go from COVID-zero to living with it and there will be a crossover there.”
