Documents given to the Mail-Times point to a falling out between Mr Goode and Ms Lyons.

The documents suggest that council, including former mayor Cr Bryan Small, supported Mr Goode and that information supplied by him may have played a part in Ms Lyons' sacking.

Cr Small said yesterday the media had focussed on issues relating to infrastructure officer Mark Goode when council's concern with the financial control of the shire was more important to the action which led to Gina Lyons' dismissal.

The Wimmera Mail-Times has obtained an 11-page memo authored by Mr Goode dated October 22, 2005 which contained allegations of poor management of the shire and bullying by Ms Lyons.

Ms Lyons has repeatedly refuted the allegations contained in the memo.

But council then wrote a memo of support to Mr Goode dated October 30 which followed an informal meeting with him and some councillors at Cr Small's home.

Councillors present at the meeting received a copy of Mr Goode's memo dated October 22.

Then mayor Cr Bryan Small also sent an email to Mr Goode on November 14 at 11am which referred to the October 22 memo and showed council's support of the then director of infrastructure.

The email read: "Mark: Attached is a final copy of your memo with minor amendments. Gina now has a copy - she was threatening to pull out of the mediation if she didn't get it. She is clearly rattled! (......) Cheers, Bryan."

Before the mediation an email sent by Bryan Small to then councillors Robyn Smith, Barry Kearnan, Greg Earle, Greg Robson, Ian Nicholson, Karen Douglas, Kevin Erwin and Rick Heinrich on November 3 at 11.18am detailed the process he felt councillors

should follow at a council meeting that night to force Ms Lyons into a mediation session.

The email from Mr Small read:

"Councillors:

"Attached is the final copy of my letter to Gina, amended slightly from the draft after several comments from councillors.

"The process tonight might be:

"Robbo (Greg Robson) will in urgent business, while still in open council, move a vote of thanks to Mark (Goode) for his year's work.

"Rick (Heinrich) will, in councillors' reports, give a report on Halls Gap drainage, in which he will further compliment Mark (Goode).

"I will list `Council Administration' as being a matter for urgent business. This will be considered in closed council.

"In closed council I will ask all but Gina, Keith (who will keep minutes) and councillors to vacate the chamber when this item is considered, Mark will also leave.

"In closed council I will call for suspension of standing orders to allow for a general discussion.

"This discussion must have two outcomes:

"1 - Agreement by Gina to accept mediation of the dispute that exists between she and the council.

"2 - Agreement by Gina that in any discussions with Mark, other than general operational matters, myself or a designated councillor will be present.

"Should Gina not accept mediation then we have no obligation to move that she no longer has the confidence of council.

"This motion should include the reason for the no confidence vote and would thus be worded: That since the CEO refuses to accept mediation, under Section 13 of her contract, of the dispute which exists between she and this council, she no longer has the

confidence of council.

"I will attempt to seek the name of an acceptable mediator, preferably with LG experience. The mediation will obviously be more in the nature of an investigation and should result in a written report to council.

"Please phone me if you have any further concerns. I'm really sorry that the council term should finish on such a sour note, but that's politics!"

As the section of the council meeting mentioned in this email was held behind closed doors, the Mail-Times doesn't know exactly what transpired, however, Ms Lyons did attend mediation on November 16.

The Mail-Times has also obtained a `Northern Grampians Shire Recovery Plan and Future Growth' document drafted by Mr Goode and dated December 2005.

In an email to Mayor Cr Kevin Erwin dated January 6, 2006, at 1.12pm Mr Goode admitted he prepared the plan in November 2005 - before the sacking of Ms Lyons.

The first line of the document read `Council has dismissed its CEO, Ms Gina Lyons for serious misconduct'.

Council had yet to dismiss Ms Lyons for any reason when Mr Goode wrote this document.

Council did terminate Ms Lyons' contract on December 13 for what Mayor Kevin Erwin said was a breakdown of mutual trust and confidence. There was no suggestion of misconduct at the time of termination.

The December document also outlined the processes Mr Goode thought the council should follow after Ms Lyons was terminated.

It suggested that `a meeting of senior staff and a small committee of councillors be held on the first day of the return to work of director Mark Goode'.

Ms Lyons had decided to make Mr Goode redundant as part of a major staff restructure - a decision she has defended as part of the chief executive's responsibilities under the Local Government Act.

Council had passed a motion on November 24 at a special council meeting that Ms Lyons take no action to terminate the contract of Mr Goode.

According to council Mr Goode was officially made redundant on December 5.

In the December 2005 plan Mr Goode also suggested the employment of an interim chief executive, a review of the organisational restructure conducted by Ms Lyons and a governance audit.

In his email to Cr Erwin on January 6 Mr Goode reiterated his plan but with a specific process for council.

"I suggest I return to work Monday, 16 January," he wrote.

Mr Goode proceeded to outline in the email how he should be reinstated by council including back pay, leave hours, superannuation and the return of his council car and master key.

But council did not act to reinstate Mr Goode and he became angry at council's treatment of the situation.

Mr Goode again sent an email to Cr Erwin on January 8 at 8.39pm.

"I have put aside my own rights for two months while I supported council with its investigation of misconduct by the ex CEO Ms Gina Lyons. Unfortunately council has not demonstrated the leadership required in this very unusual situation and my rights

and protections under law, to date have been ignored," he wrote.

Mr Goode said in the email that he had `maintained daily contact with the past and present mayors, who have both provided me with continual assurances that I would be protected and reinstated'.

Mr Goode said he had provided `verbal and email' advice on how to handle the issue to council.

Mr Goode proceeds to say that if council failed to reinstate him by January 16 it would result in legal action to start on January 17.

He said this action included civil action `to recover 3.5 years of lost salary due to the breach of my contract' or about $365,000 and civil action to compensate him for damage to his reputation and considerable pain and suffering.

Mr Goode said he was discriminated against under council's whistleblower policy and the Whistleblowers Protection Act. He attached a sample of the legislation from his new employer.

In an email sent to acting chief executive Kevin Shea, Mr Goode also stated that he was actively encouraged to apply for the chief executive's job.

"I am also very confused that council's recruitment agency actively encouraged me to apply for the CEO's position, saying my application would be very well regarded and yet council is not prepared to reinstate me to my lawful position as director of

environment and infrastructure."