In a fiery debate, Greater Dandenong councillors have backed Dandenong Market’s ban on Cr Maria Sampey attending its board meetings.
Cr Sampey – the council’s elected representative on the market – was stood down by the market board over a series of “potential allegations” by two of its managers.
According to Cr Sampey, the complaints were deemed “vexatious” and “frivolous” by council’s legal advice. The Market says that the complaints are “neither“.
The allegations included Cr Sampey addressing an employee as “she” and asking another employee “who are you?”.
Other complaints were that Cr Sampey allegedly claimed market employees had bullied stallholders and that she didn’t have complete faith in the management.
“You’re opening up a can of worms,” Cr Sampey warned councillors at a council meeting on 24 August.
“So anybody can be taken off the board for the mere frivolous thing of referring to someone as ‘she’.
“It’s not as if I called her a bitch or anything like that.
“I’m not a yes person, I ask questions – that’s what the issue is.”
According to the market, the complainants don’t feel “safe” attending board meetings with Cr Sampey online or in person.
Cr Sampey was also accused of a conflict of interest for advocating for a stallholder in relation to his treatment by the market.
Refuting the conflict, Cr Peter Brown said Cr Sampey didn’t gain “personally or politically” from advancing the stallholder’s cause.
Cr Sampey had done a difficult job well, independently representing stallholders “badly treated” or “ignored” by market management, Cr Brown said.
The issue was perhaps that she’d “ruffled some feathers”, Cr Brown said.
Cr Brown noted that Cr Sampey uncovered “substantial criminal misconduct” by a stallholder’s associate.
While the market managers refused to act, Cr Sampey approached Victoria Police. The matter was resolved by police, he said.
Cr Brown later told Star Journal that Cr Sampey was “collateral damage” as councillors pressed for a financial and governance audit of an “underperforming” Dandenong Market.
“This OH&S is just a furphy. We’re going to council elections in two months’ time – we’re talking about two more board meetings.
“There’s a bigger stake involved.”
In opposition, Cr Tim Dark said Cr Sampey had done a “stellar job” but Dandenong Market had a responsibility to protect employees who didn’t feel safe or felt at risk.
“When we receive a formal complaint we must ensure we follow the right rules and protocols.”
Cr Zaynoun Melhem said it was “quite embarrassing” to be debating the matter publicly.
For her own wellbeing, Cr Sampey should be stood aside until the matter was resolved, he said.
“We can clearly see how Cr Sampey is emotional about this. She doesn’t have a level head or (acting) without bias.”
In a statement, Dandenong Market interim chair Tim Cockayne said the complaints were “neither frivolous nor vexatious and that is why they are being treated seriously”.
Mr Cockayne noted there were “several allegations of improper conduct” under investigation.
The market had not received an “adequate” formal apology to resolve the matter, and its request for mediation wasn’t accepted by Cr Sampey, Mr Cockayne said.
“While the complaint remains unresolved, it is inappropriate for Cr Sampey to be in the same workplace as Market staff,” he said.
“The Dandenong Market Board considers the health and wellbeing of its staff a paramount responsibility as well as a legal duty.”
In a narrow 5-4 vote, councillors voted against Cr Sampey re-asserting her position on the market board.
Those opposed were Crs Youhorn Chea, Tim Dark, Angela Long, Zaynoun Melhem and Sophie Tan.
In favour were Peter Brown, Matthew Kirwan, Sean O’Reilly and Maria Sampey.
Mayor Jim Memeti didn’t vote due to a conflict of interest. He is a director of a stall at Dandenong Market.
Cr Dark was affirmed by councillors to attend the market’s board meetings as their alternate representative.
