Questions about the proposed Coober Pedy Together agreement

Monday 12th October 2025

Dear Mr. Herdegen,

The Coober Pedy Community Alliance is seeking clarification from Chief Executive Officer Garry
Herdegen regarding Agenda Item 13.2, “Coober Pedy Together User and Management Agreement”.
The Council report lists Mr Herdegen as the Responsible Manager, while Angel Garces, Manager
Corporate and Community, is listed as the Report Author.

The report then states: “Conflict of Interest: The author declares no conflict of interest.”
We understand this declaration refers to the report author, not necessarily to the Responsible
Manager.

This raises an important question(s).

The Alliance understands that Michael Edgecomb, who has been closely involved with Coober
Pedy Together, was also involved in the interview process for the position of Chief Executive
Officer which resulted in Mr Herdegen’s appointment.

We are not suggesting that this fact, if correct, establishes a conflict of interest.

However, because the proposed Council resolution would authorise the CEO to negotiate directly
with Coober Pedy Together regarding an agreement for use of a Community asset, we believe the
community is entitled to know whether any potential conflict or perceived conflict was considered
before that responsibility was given to the CEO.

We therefore ask Mr Herdegen to clarify:

• Was Michael Edgecomb involved in the interview or selection process for your appointment
  as CEO?
• If so, was this previous connection considered when determining whether you should
  participate in negotiations with Coober Pedy Together?
• Have you made any disclosure under section 120 of the Local Government Act 1999 in
  relation to this matter?
• If no disclosure was considered necessary, can you please explain why?
  
  There is also a separate question(s) concerning the asset itself.
  
  The Council report states that the canteen has been recognised and managed as a Council asset. The
  proposed agreement would provide Coober Pedy Together with exclusive use of the kiosk for five
  years for a licence fee of $1 upon demand.
  
  The Alliance is seeking clarification about the legal and public process being followed before this
  asset is placed under an exclusive five-year arrangement.
  
  In particular:
• Is the land classified as community land?
• What management plan currently applies to the land and does that plan authorise this
  particular five-year licence?
• If public consultation is not required, what provision of the Local Government Act or
  regulations is being relied upon?
• Has the community been allowed to comment on the proposed exclusive use of this
  Community asset?
• Were any other community groups consulted or invited to put forward proposals for use of
  the facility before the proposed arrangement with Coober Pedy Together was considered?
• How was the $1 licence fee determined, and was any assessment made of the value of five
  years’ exclusive use?
  
  We recognise that the recommendation before Council appears to be to authorise the CEO to
  negotiate and bring a final agreement back to Council, rather than to immediately grant the final
  licence.
  
  That makes transparency at this stage particularly important.
  The Alliance is not making an allegation of wrongdoing. We are asking for clear answers about the
  process, the conflict-of-interest position and the proposed use of this asset.
  
  Coober Pedy residents and ratepayers should be able to understand how decisions affecting their
  Council assets are being made, particularly while the Council remains under administration.
  We respectfully ask the CEO to provide these clarifications to the community.
  
  Yours sincerely,
  John Di Donna (Chairperson)
  Coober Pedy Community Alliance
  
  Reference: PAGE 20 https://www.cooberpedy.sa.gov.au/__data/assets/pdf_file/0018/2051505/PUBLIC_Agenda-26-August-2026-updated.pdf