KANGAROO COURT PART 2

This is the abridged version of appeal. The original was 70 pages long by the time I put in all the annexes. This will give you some indication of the petty allegations.

My name is Elaine Robinson AFSM, a proud recipient of the Australian Fire Service Medal. At the time I was stood down, I served as the Captain of the Cooks Gap Brigade. Over more than 30 years as a member of the RFS, I held many positions within the Brigade and was honoured to be the first female Deputy Group Officer and the first female Brigade Captain in the district. Despite these achievements, they seemed to count for little when I chose to stand up for what was right and to expose the cover-up of criminal actions.

Allegation 1

It is alleged that you failed to comply with a reasonable direction or instruction given by the Area Commander Western on 26 November 2020 that all brigade financial expenditure was to be submitted to the District Manager for approval prior to expenditure occurring

Particulars

1. You collected a $500 Coles gift card that had been donated to the Cooks Gap RFB from Cudgegong Fire Control Centre and provided it to Assistant Catering Officer Kate;
2. You authorised Assistant Catering Officer Kate to spend the $500 Coles gift card donated to the Cooks Gap RFB, to stock the brigade sheds with supplies

Reply

              Particulars i. is badly worded. Cudgegong did not donate the card, Coles donated the Gift Card.

              The email the RFS Executive Support sent on the 24^th of February 2020 was clear on what was to be done with their donation. Coles would like the Brigade to utilise these funds to replenishes their supplies and to hold a “thank you lunch/morning tea for their members and families.

              This was not the first donation we had received during the Black Summer Fires, but it was the first gift card. We did need to account for the expenditure on the card, which The Assistant Catering Officer did. If we did not have the Coles Gift Card, we would have used funds from the Brigade Crew Welfare budget (pre-approved funds) to stock the sheds. This we would have had to get approval for. We had also received a hamper put together by Cudgegong FCC as well as the RFSA Xmas hamper and these were divided amongst the three sheds

              At the Brigade meeting on the 19^th of September 2020, the issue of the card was raised, and the Acting President decided that there was no need to move a motion (See September 2020 meeting minutes). Immediately after the card was discussed the Catering Officer requested that each shed supply her with a list of food they required. The District Manager ? was present at the meeting and made no objection.

In the report Mr H states “a rumour then started that some of the money had already been spent” this was on the 6^th of December 2020 just hours after the Brigade meeting.

The 6^th of December 2020 was to be the Morning Tea that Coles had suggested. We were to have given out the Premiers Citations and to have the new Cooks Gap 7 Charlie blessed by the Cumberland Zone Chaplain, who is a member of our Sister Brigade Marsden Park. The acting President decided to tack a meeting on to this event and scheduled it for 1200, after the ceremonies. He later changed it to 0900 before the ceremony and because of the interference we were forced to cancel the ceremony and morning tea.

On the evening of the 6^th of December 2020, the emails started coming in demanding the Coles card. The statements in the emails upset me greatly as it did my husband and members staying with us. One of these was Wes Keaton who was so upset by what he saw that he called the Commissioner on his private number. After talking for a few minutes, he put my husband on and he explained to the Commissioner what had happened that day and other things leading up to it. The Commissioner asked him to put it in writing and send it to him which he did on the 9^th of December on the 21^st of December we received an email from Deputy Commissioner stating that an independent investigator was looking into my complaint.. We are still waiting 10 months later.  

Experience has shown us that fires strike at the worst possible time and we may need to provide Catering at a moment’s notice (New Year’s Day and Easter Sunday for other Brigades and Sir Ivan, White Cedars and Meads Creek fires for our Brigade area in recent times). We keep enough supplies in Shed 2 and 3 to feed 40 people. We rotate the steak and sausage every 3 months or so and it goes to Catering events and fresh meat is placed in the freezer.

Part of the Catering Officers job is to see that the sheds are adequately stocked. As I am responsible for the Operational side of the Brigade, I requested that Kate to ensure that they were.

              In her report Ms. Pettersson states) “However it appears that Captain Robinson authorised the expenditure of nearly half the value of the card on supplies for shed 2, which I am told is the shed nearest the Robinsons property.” While this is the case the fact of the matter is that shed 2 is also the main Catering shed and therefore has more supplies. Shed 1 has not had power since August 2020 and as such we have its supplies as well. As suggested by the Acting Catering Officer no other member had requested items.

              A Chief Superintendent letter of the 26 November 2020 states that all Brigade Expenditure is to be submitted to the District Manager for approval prior to expenditure occurring. The expenditure on the Gift card is when it is purchased not when it is used to redeemed goods. The dollar value attached to the card shows the size of the Gift. It cannot be exchanged for cash.

              When this was raised at the September meeting there was no objections from anyone. The Acting President did not believe that a motion was required, the District Manager ? was present and raised no objections. The members who have now raised objections were all present and, except for Ms. ? and her de facto Mr ? who have strict dietary requirements, no objections were made. 

CONCLUSION

              The card was used to redeem goods to replenish the Sheds as directed by the email sent by the RFS Executive Support, and as per the wishes and directions of Coles. It was taken to a meeting on the 19^th of September 2020 at which the District Manager ? was present. The card is not cash and could not be banked or traded for cash. There was no expenditure of Brigade money and therefore no breach of directions given by the Area Commander Western. In our meeting in February 2021 the District Manager ? took the Coles Card, as far as we know the remaining money on the card was never spent and therefore lost to the Brigade.

Allegation 2

It is alleged that you failed to obtain authorisation for brigade expenditure by a resolution of the AGM or a general meeting of the Brigade, in accordance with the NSW RFS Service Standard 2.1.2 Brigade Constitution.

Particulars

1. During 2020, you authorised Assistant Catering Officer Kate to spend funds from a $500 Coles gift card donated to the Cooks Gap RFB to obtain brigade supplies, which resulted in $245.50 expenditure from the card on 22 November 2020, without a motion being passed at a brigade meeting authorising the expenditure
2. During 2020, you authorised an upgrade of the Cooks Gap RFB alarm system without a motion being passed at a brigade meeting to approve the upgrade or associated costs. This resulted in Virgo Security Services issuing an invoice dated 6 October 2020 to Cooks Gap RFB for the sum of $858.00;
3. You authorised an increase in the alarm monitoring costs by Virgo Security, without a motion being passed by the brigade approving the additional expenditure.
4. In 2018 you authorised the expenditure of Cooks Gap RFB funds for costs associated with a Christmas Party held on 25 December 2018, without a motion being passed at a brigade meeting approving such expenditure;
5. In February 2020, you provided authorisation for the Catering Officer to expend Cooks Gap RFB funds to purchase meat from a Gulgong Butcher for some brigade members to conduct a ‘meat trial’. This resulted in Kate purchasing meat to the value of $18.00, without a motion being passed by the brigade approving the expenditure.
6. Between November 2019 and February 2020, you provided authorisation for some volunteer members involved in Section 44 catering duties, be reimbursed for fuel from Cooks Gap RFB funds, without a motion being passed at a brigade meeting authorising such expenditure.

REPLY

Allegation (i)

Is the same as allegation 1 and is used to pad out the case against me.

Allegation 2 (ii)

For the last several years the Brigade sets its Budget (Brigade approved expenditure) in March at our General Meeting at the beginning of the financial year. At this time money is allocated to all of our regular expenditures such as Catering, cleaning gear, stationary, fuel and since its installation Virgo. This money can be spent up to the limit set at the meeting. Additional funds or other non-budget items need to go to a Brigade meeting. We only hold 4 scheduled meetings a year. The budget funds expended has to be reported at the next meeting. In GH statement he says that we never had a budget we had a Brigade preapproved expenditure

              In March 2020 our meeting was cancelled after 2 of our members contacted our local MP Dougal Saunders and complained that we were breaching Covid rules. After the meeting was cancelled the Acting President contacted the District Manager ? about Brigade liabilities and the Covid disruptions. The District Manager authorised that the budget was to be extended 6 months, he later extended it a further 6 months. The District Manager was asked for copies of these emails but they were not sent to me. The Virgo expense is covered in the Budget. There was excess money in the Virgo budget as our number 1 shed has been without power since September 2020 and therefore the alarm system in that shed is inoperative.

              When I was contacted by Virgo, I was advised that this upgrade needed to be done and that Cooyal Brigade was having their system done within days and they wanted to do ours at the same time. I agreed because I am responsible for the vehicles and equipment in the sheds, we have a Budget for the system, and I knew there was excess funds in the Virgo budget. I would have liked to take it to the Executive Committee but on two previous occasions that I asked for meetings, one urgent meeting took 6 weeks to organise and the other the Acting President declined. As standard practice when budget money is spent it is advised to the Brigade at the next General meeting. This was reported in the December 2020 meeting and passed with no objections.

              I find it ironic that the Acting President and Senior Deputy submitted formal complaints about me spending money from the Budget when they approved the purchase of a laptop for the Treasurer without Brigade approval in November 2020 I tried to get this, and other items put on the agenda for the 06 December Meeting, but the Acting President decline my request. This went to the District Manager, then to the Area Commander and is now with the Commissioner. This complaint against me appears to be retaliatory.

CONCLUSION

              Virgo was the main problem with not having an approved budget in March 2020. This was overcome by the District Manager ? extending the budget twice. There was enough money to cover the costs and take it to the next meeting scheduled for December 2020. The District Manager had already approved the Virgo as a recurring expense

Allegation 2 (iii)

              When I discussed the upgrade, we never discussed an increase in annual running costs.

CONCLUSION

I never authorised the increase in the cost of the alarm monitoring. I believe that this was an annual price increase. I have not seen the invoice.

Allegation 2(iv)

Nowhere in any of the complaints I have read do I see my name associated with the 2018 Xmas Dinner. I was mentioned in the minutes of the December 2018 meeting because I was granted a leave of absence as I had a stroke and was unable to walk and talk for a number of weeks leading up to Xmas.

CONCLUSIONS

              It appears that Ms. Pettersson has lumped this on me with no witness statements to support her recommendation and a failure to verify her information.As there is no complaint or witness statement, signed or not, to support Ms. Pettersson’s recommendation for Disciplinary action this must be thrown out. I was physical unable to have done what I was accused of. This allegation is fabricated.

Allegation 2(v)

              The Catering Officer had resigned because of bullying affecting his mental health. The Acting Catering Officer approached me with regards to pricing of produce. The Treasurer insisted that the Catering NAB card had to be cut up because it was issued with the former Catering Officers name on it. This left my NAB Card as the only one she could use which is why I authorised the expenditure. Fund raising actually came under the President but she was on a leave of absence due to mental stress. The Acting Catering Officer had reviewed how we purchase catering supplies and had implemented changes that was seeing us paying less for vegetables and drinks. (Service Standard 1.1.7 Code of conduct and Ethics section 3.2 second last statement “make sure they receive value for money when incurring expenses on the NSW RFS Behalf” Annex 2c. She had visited all the Local Butchers and acquired comparative prices for our meat. Gulgong Butcher’s price was $1 less per steak and slightly less for sausages. As we have found out cheaper is not always better. She bought 6 steaks and 6 sausages so that the 6 core members of the catering team could try them and cast their opinion. 4 of the members have 120 years Cooks Gap catering experience between them. The meat was cooked in our respective homes and not at a private function as stated by Ms. Pettersson and Mr Holland. Para 101 and 182 is based on hearsay evidence rather than fact.

              Please note the email attributed to me in Ms. Pettersson’s report (para 100) was written by my husband. I used the Captains Gmail account for my emails Attachment 23 of her own report shows that the email is from Bill Robinson,

The result was that WE all agreed that they were on par with our regular supplier. Unfortunately, due to emails from the Treasurer demanding she pay back the money she never switched suppliers which as a result cost the Brigade an extra $400 catering cost in Feb/March 2020.

Ms. Pettersson’s statement Para 184 to 186, show a complete lack of understanding of how we work. Maybe if Ms. Pettersson had talked with someone who had done catering, she would have found out that we always keep 40 steaks and sausages each in shed 1 and 3 for immediate use and if required we have the butcher’s private phone number if we need more out of hours. While meat quality can change the butcher knows how much money we spend in their shop, so they ensure the quality.

The sad fact is that this was only a problem because PA has a personal grievance against Kate, the acting Catering Officer, and Georgina. The girls are some of our LBGT members and were married in September 2019. PA’s personal grievance is that Kate and Georgina did not use him as the celebrant for their wedding. Peter has taken great offence to that and claims that they have stopped him making a living and was why he had to go overseas to make a living. He became quite abusive to Georgina at our Number 2 shed. ( Annex 2b)

CONCLUSION

              This is a part of our constant review of purchases and pricing, and the cost of meat has a great impact on our bottom line. We aim for 100% profit on our paid catering events. There was no private function, just another misrepresentation of the facts.

Allegation (vi)

Please see Brigade Constitution 9.1.

During the Black Summer fires in 2019/20 Cooks Gap Brigade was called upon to provide Catering as well as fire fighters. We are the only Brigade capable of providing this service in the Cudgegong zone. We normally work on a cost recovery basis but were told we had to provide a quote. We quoted $10 while commercial caterers quoted $20 and up, we were informed that we were not allow to access fuel under the Section 44 (even the Brigade Cat 12), we were advised to put a fuel levy on each meal, so we added $2 to each meal. This levy collected over $1200 and during the 15 days catering the fuel bill for our Catering vehicle was only around $600.

The first few days were at our number 3 shed Wollar but then we were asked to move to Bylong Hall and cater out of there. We were moved again to Rylstone. This made it impractical pick-up people from all over the Brigade area and do the shopping. Members had to drive their own vehicles. Some members were financially stretched due to the drought, buying ever dearer fodder, work and Xmas. The decision to subsidise the fuel used was made by myself, the President and the Catering Officer in accordance with section 9.1 of the Constitution. The Treasurer supported this action and requested the executive approval. He only received a few emails from the Executive and they supported the action. Most people were not responding to emails as they were busy with the fires. As we were in a Bushfire Emergency it was impractical to call a meeting as many members were either out firefighting or catering.

In February 2020 while the Treasurer was in France, he stated attacking a number of Brigade members and as a result the President took a leave of absence due to mental stress and the Senior Deputy/ Catering Officer resigned. I stood up and told him that the final decision was mine and I would take responsibility.

This was reported at the next General Meeting in September 2020 with no objections.

There has been much made of Motions put at meetings to get fuel for members. These were defeated because it became too involved on who gets fuel, why, how much, who approves and how it is recorded.

 There is also much made of overheard conversations. Fuel was offered to those people that were doing it tough because of the drought and Xmas. The names of the people who got fuel, out of respect to their privacy, were not broadcast around the Brigade. Not everyone who used their own vehicle received fuel. I used my car twice to run out to Rylstone when 12 Bravo was not available and my husband took his Ute out to Bylong to pick up all of the equipment we left at Bylong when we moved to Rylstone. We did this at our expense.

As you can see from the map at Annex 2e the distances to get from shed 2 into Mudgee out to Wollar then to Rylstone via Bylong would mean at least 2 hours one way. The crews knocked off around 2230 which would mean getting home after midnight. This is why we needed private vehicles.

CONCLUSION

              This should never have had to happen. The refusal of fuel under Section 44 was vindictive but what we had come to expect from the District Manager ?. I did not wish to argue the point in front of the IMT so we put a surcharge on the meal price to cover fuel. Because of the distances we were required to travel we needed to use private vehicles. We spent $200 on fuel for 4 members and took $1200 in the fuel surcharge.

              We were in the middle of the Black Summer Bushfires. We did what we needed to so we could get good food to the firefighters. We are able to reimburse people under section 9.1 of our Constitution. Yes we did not call a meeting but at the time we were more concerned with putting firefighters in trucks then in meetings.

Allegation 3

It is alleged that you failed to provide and maintain a respectful and inclusive workplace, by making repeated inappropriate comments about volunteer member PA to other volunteer members. Particulars

1. On 4 July 2020 at the Cooks Gap RFB Executive Meeting, you distributed a document titled ‘Captain’s Report’ to brigade executive members that included the heading ‘Breakdown’ and made inappropriate comments with respect to Mr A’s mental health. This resulted in Ms Renee Williams, Manager People & Business, contacting you on 8 July 2020 to discuss the content of your report.
2. On 5 December 2020, you emailed a document titled ‘Captains Report 6 December 2020’ to all Cooks Gaps RFB members that included a comment in reference to Mr A that read, ‘I do not appreciate (sic) a new member of the Executive Committee breaching the chain of command and asking the Regional Manager to investigate me without first trying to find out the facts’’.

Allegation 3(i)

              Miss Petterson has once again got herself confused. The letter that I presented to the Executive was simply titled “Cooks Gap brigade Executive Committee” not Captains report. The letter was all about P? and his actions and accusations over the last few months while trapped by Covid. The se had led to the President taking a leave of absence and the Catering Officer and Senior deputy resigning his position. The subject of breakdown was discussed as P? had emailed us twice stating that he had a breakdown.  The whole point of the letter was to stand P? down from the treasures position as this seemed to be the root cause. I had sought help from the CISS team but the could offer no physical help and after a couple of days they could only advise me to stand him down from that position and hope that it relieves some of the stress. That was the basis of the letter. My final sentence in the letter states” We need to make a hard decision about the welfare of one of our members. We are the Executive and it is our duty to all of our members.

Service Standard 1.1.2 Discipline states in section 3.5 An allegation must be a made in writing and signed by the person making the allegation. Nowhere in any of the correspondence that I have received is there a signed statement alleging that I bullied Mr A.

In her report Ms. Pettersson states the Mr A is unaware of the reported bullying.?

Allegation 3 ii

This is not related to Mr A. The Captains report doesn’t mention any names. I did this deliberately so as not to shame the person who did send the email. This was stated to Chief Superintendent S?, and an email was given to him as proof.   Unfortunately, Ms. Pettersson did not properly investigate these claims. It was pointed out to CS S? that this meant that Allegation 3(i) was therefore disproved. As this left only one instance that he could possibly misconstrue as bullying, and as the Service Standard states one instance is not bullying the allegation should be dropped. Extremely surprised to hear CS S? state that one instance can be considered Bullying

              Given that there is no formal complaint and the subject is unaware of the reported bullying and harassment I fail to see how Ms. Pettersson can recommend Disciplinary action or how Chief Superintendent Butcher could endorse this action.

              I take great offence at Ms. Petterssons statement in her report Para 222

              While Ms Robinson’s ‘report’ regarding Mr A is couched in “concern: for his mental health, it is impossible to escape the conclusion that Ms. Robinson had an ulterior reason for this letter, being the fact that Mr A was pushing for accountability for brigade expenditure being incurred by the Captain.

Allegation 4

It is alleged that by your actions as outlined in Allegation 3, you engaged in bullying behaviour towards Mr P.

REPLY

As per allegation 3

Allegation 5

It is alleged that you have failed to obey a reasonable direction given to you by Superintendent P to return the Cooks Gap RFB travel card. Particulars

1. You failed to return the Cooks Gap RFB travel card as directed by Superintendent P on 28 April 2021 by email;
2. You failed to return the Cooks Gap RFB travel card as directed by Superintendent P on 12 May 2021 by email.

REPLY

              The directions I was given in both emails was “to drop it off next time I was in Mudgee”. As you are aware with the Covid 19 pandemic we have all had to change the way in which we live. Bill now goes into Mudgee once a week to pick up poultry food and groceries. I normally stay at home. The day I used the card by accident I had a medical appointment. Bill dropped 7Charlie off for its annual service I believe on the 6^th of June and I asked him to drop it off when he was in FCC which he did. It was in an envelope marked with Troy’s name and as he was not present, he gave it to one of the staff to hand on.

I followed the District Managers instructions. When it was obvious that I would not be in Mudgee for several more weeks I asked Bill to drop it off.

              I take great personal offence from the comment made by Ms. Pettersson in her report (Para 192) with regard to the Nab card.” It is reasonable to believe that Ms. Robinson intended a personal gain from this purchase.” In almost 30 years in the Cooks Gap Brigade, I have never taken any money for fuel. When I was Catering Officer, we had no Cat 12 so I used my own personal vehicle to run around in and to tow the trailer to catering jobs. In the 3 years I estimate I spent in excess of $2,500 of my own money on fuel for the Brigade use. During then Black Summer fires I used my own vehicle and trailer to cater out of Rylstone while we were finishing up Catering at Bylong. I estimate I drove over a 1,000 km including representing the Brigade at the Funeral of Geoff Keaton, a fallen Fire Fighter.

CONCLUSION

              I Complied with the instructions of the District Manager ?. If he had wanted it by a specific date, he should have put that in his emails.