A former
Victorian principal ran his school as a “personal fiefdom” by employing
relatives and using “public funds as he saw fit”, a scathing Ombudsman’s
report has found.
Following a lengthy investigation, Ombudsman
Deborah Glass has concluded Ernest Fleming abused his position as
principal of Bendigo South East College by hiring and promoting his wife
and son.
She
also confirmed Mr Fleming engaged a bus co-ordinator who was a manager
of Bendigo Coachlines, a company co-owned by another son.
Former Bendigo South East College principal Ernest Fleming.
Photo: SuppliedThis business received work from the school at the expense of other local bus companies.
“If a case study into nepotism is needed, this is it,” Ms Glass wrote in the damning 129-page report, published on Tuesday.
“For
many years, Ernest Fleming ran the college as a personal fiefdom,
employing and promoting family members, providing substantial benefits
to his son’s business partner and companies owned by his son, and using
public funds as he saw fit without consultation or approval from the
college council.”
Mr Fleming denies having used his position for
personal gain and says clearances were received in regard to potential
conflicts of interest.
The
Education Department’s regional office was inundated with more than 20
complaints about the principal’s behaviour between August 2014 and
February 2016 but failed to “meaningfully investigate" them, the report
said.
According to the Ombudsman, this allowed Mr Fleming to “continue to engage in improper conduct with impunity”.
Mr Fleming resigned in May – almost 18 months after being temporarily stood down by the department.
Ombudswoman Deborah Glass.
Photo: Simon Schluter
Ms
Glass said Mr Fleming's conduct ''impacted the culture of the college
and the careers of numerous past and current teachers and staff.
Nepotism is particularly pernicious in rural and regional areas with
fewer job opportunities.”
Mr Fleming employed his son Adam as a
consultant before appointing him manager of the college’s specialist
sports program in December 2014. His son received the sought-after job
over a more qualified candidate, the report said.
Six
weeks after Adam began the role in the sports program, his father had
given him a backdated promotion that increased his annual salary by
$7,203.
The investigation also found Mr Fleming’s wife was
promoted to the role of his personal assistant despite there being no
evidence she submitted a valid application.
In
2013, Mr Fleming engaged Michael Bulmer as the school's regional bus
co-ordinator – a role which involved booking buses for students –
despite knowing he had a conflict of interest as a manager at Bendigo
Coachlines. In 2016, Mr Fleming's son became a co-owner of the business,
which was still used for students.
On Wednesday, Mr Fleming's lawyer attacked the Omdudsman's report.
“The
Ombudsman’s office has demonstrated its partisan approach to the
inquiry by issuing a public statement using sensational language to
attract media attention to its release,” David Schier said.
“It
claimed that Mr Fleming ran the college as his 'personal fiefdom' and
then wholly failed to show, in its lengthy document where Mr Fleming
benefited personally, financially or otherwise from the allegations so
made.
“There is not one finding, despite a two-year investigation
and two audits ordered by the department, that Mr Fleming received the
benefit of one dollar. The report entirely clears him of some of the
main but now entirely discredited allegations that were made by the
early anonymous complainants.”
Mr
Schier said the Education Department had failed Mr Fleming and college
staff over many years in its governance of conflicts of interest and
associated complaints.
“Mr Fleming has claimed throughout that he
made full disclosure to senior officers of the department of conflict of
interest issues and received the appropriate clearances,” he said.
An
earlier independent report prepared for the department had found Mr
Fleming was open in dealings with staff and family members and ''there
was nothing insidious in relation to conflict of interest”, Mr Fleming
said.
An Education Department spokesman said it welcomed the report and had taken steps to address issues at the school.
"Since
these issues occurred, the department has undertaken an extensive
integrity reform agenda, which has addressed many of the issues raised
in this report," he said.
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