Elder and MDAS ex-board member calls for government to take control of embattled Aboriginal organisation
MDAS ex-board member Aunty Jemmes Handy says it has been "heartbreaking" to resign as a board director of the Aboriginal-controlled community organisation. (ABC News: Tyrone Dalton)
In short:
Aunty Jemmes Handy resigned from Mallee District Aboriginal Service's board over the company's decision to re-run director elections and deflect questions from members.
Past, current and elected directors hold concerns about the running of the Aboriginal-controlled community health organisation.
What's next?
Aboriginal community members are calling for the Victorian government to intervene and investigate behaviour and actions at the company.
A former director of embattled Aboriginal organisation Mallee District Aboriginal Services (MDAS), Aunty Jemmes Handy, says the vote that removed her was fair and legitimate, and has asked the state government to intervene amid calls to re-run the vote.
The procedures around the MDAS's annual general meeting and the subsequent vote to elect a new chair and board members have become the centre of a major dispute.
Some board members, led by ousted chair Jenene Murray, have disputed that vote, saying there were "genuine concerns about the integrity of the ballot process" because it was not done in a "consistent or controlled manner", and have called for a re-run.
The re-run is scheduled for February 14.
But Indigenous elder and former MDAS board member Ms Handy — who was also ousted in the vote — said a re-run was unnecessary.
Ms Handy has since resigned from MDAS and is seeking legal advice.
"It saddens me that the effects of [their] behaviour are affecting the Aboriginal community to the extent it is," she said in her resignation letter to the board.
'A laughing stock'
Days before her resignation, Ms Handy said MDAS contacted her to say that the recent annual general meeting, where members ousted her and the chair, was invalid.
In Ms Handy's opinion, the election was transparent, and members voted fairly to remove her and others from the board.
She said although there were disruptions at the AGM, they were from members asking valid questions of MDAS's executive, the chair and the board about the running of the company.
Ms Handy said those questions were not satisfactorily answered, and that MDAS "was a laughing stock" and its members were not being listened to.
"Usually, I try to stick around and change things, but I couldn't take it anymore," Ms Handy said.
"What I'd like to see is that government departments get involved and put a stop to this."
Aunty Jemmes Handy stepped down from Mallee District Aboriginal Services's board when it said it would re-run the meeting. (Supplied / Jemmes Handy)
A game of thrones
The official line from MDAS has been that the election process was not "fair and transparent", there were questions over proper process, and "conduct during the meeting interfered with and disrupted the orderly running of the AGM".
"The process itself needs to be re-run in a clear, calm and constitutionally compliant way," ousted chair Aunty Jenene Murray said in a statement.
"This does not mean that any particular outcome was wrong, or that the same directors could not be elected again."
The ABC has spoken to multiple people who were at the meeting and who say the result should stand as the vote was conducted appropriately, and overseen by a justice of the peace.
In a statement, MDAS also contended that a meeting held afterwards to elect Nikita Hart and Tania Smith as chair and deputy chair, respectively, should not have taken place and did not follow proper process.
However, several people who were at that meeting told the ABC the election of the new chair took place at the AGM.
Ms Hart has told the ABC she is "being denied access to act in my role as chair" and that she "reject[s] all outrageous claims from MDAS lawyers and the former chair, Jenene Murray".
MDAS has filed an affidavit in the Supreme Court of Victoria against Ms Hart and Ms Smith.
Members of the Aboriginal community-controlled MDAS say the culture at the organisation is toxic. (ABC News: Tyrone Dalton)
Multiple problems raised by members
Documents obtained by the ABC show members and employees of MDAS had raised their latest concerns with the board early last year, which included making its members' list public and calling for a financial audit.
They called for a special general meeting, with employees writing that they were afraid to put their names on paper for fear of retribution.
A letter from MDAS's lawyers responding to the request for the special meeting stated the board decided "unanimously" were was "no valid resolution" to hold one.
But several former and current board members have told the ABC many of the members' concerns were valid and not all board decisions were made unanimously, despite the legal letter saying so.
Ms Handy said members and employees were being gagged by MDAS.
"Go and talk to the people in the community, go and talk to the people working there because they're not allowed to talk about the organisation or they'll be sacked," she said.
The ABC has seen several letters sent to at least one employee reminding them of MDAS's grievance policy, which includes a prohibition on sharing concerns about the organisation with anyone outside MDAS, and stating that their employment could be terminated if they were found to have done so.
A Victorian government spokesperson said it was working closely with MDAS and the Victorian Aboriginal Community Controlled Health Organisation (VACCHO) to strengthen the voice of the Aboriginal community in the organisation, along with the agency’s governance and management.
VACCHO, the peak body for Aboriginal community-controlled health organisations in Victoria, previously said it would attend the rescheduled meeting on February 14.