1st May 2022 (#119)

News

Today on the Local Government News Roundup:

A Victorian councillor suspended for serious misconduct; more reaction to the offensive comments from a rural mayor; a call for innovation in how an international airport peacefully co-exists with a community; a SA mayor censured; the mayor banned from representing his council; and it’s ‘trench warfare’ in Tasmania over an amalgamation proposal.

Listen to this episode here, or wherever you get your podcasts

Transcript with links:

Issue 119, LG News Roundup, 1st May 2022

Hello and welcome to the Local Government News Roundup for the 1st May 2022.

Coming up today: a Victorian councillor suspended for serious misconduct; more reaction to the offensive comments from a rural mayor; a call for innovation in how an international airport peacefully co-exists with a community; a SA mayor censured; the mayor banned from representing his council; and it’s ‘trench warfare’ in Tasmania over an amalgamation proposal.

The Local Government News Roundup is brought to you by the Victorian Local Governance Association, your national broadcaster for all things local government. Subscribe to the VLGA Connect channel on YouTube or your preferred podcast app for the latest interviews on topics of interest to the local government sector.

Hume City councillor Trevor Dance has been suspended from office for three months, after failing to comply with two lawful directions from an arbiter.

In a determination released on Friday, a councillor conduct panel has made a finding of serious misconduct for failing to attend two hearings in person last June.

An arbiter had directed Cr Dance to attend a directions hearing, and a substantive hearing to deal with an application he had brought against fellow councillor Jack Medcraft.

The panel did not accept the contention that Cr Dance could not comply with the directions on mental health grounds.

In considering sanctions, the panel said that it saw “no point in ordering an apology where Cr Dance would not be capable of giving an apology with sincerity based on our observations of him.”

It determined to reprimand Cr Dance for serious misconduct and impose a suspension from office for 3 months effective 29th April. Under the Local Government Act, he ceases to be a councillor for the term of the suspension.

The Star Weekly has reported that Mr Dance intends to appeal the decision at VCAT.

https://www.localgovernment.vic.gov.au/__data/assets/pdf_file/0032/185099/Hume-City-Council-Dance-CCP-2021-1-Councillor-Conduct-Panel-Determination-and-Statement-of-Reasons-for-Decision-29-April-2022.pdf

Hume councillor suspended for ‘serious misconduct’ | Sunbury & Macedon Ranges

The Victorian Commissioner for LGBTIQ+ Communities has described a rural mayor as out of touch and not representing the community he was elected to serve.

Todd Fernando made the comments on VLGA Connect this week in relation to West Wimmera Shire Mayor Bruce Meyer’s defence of his council’s decision not to fly the Rainbow Flag on IDAHOBIT Day later this month.

(grab)

Victorian Minister for Equality, Martin Foley, also described the mayor’s comments as offensive and wrong, and the local Edenhope RSL used its Anzac Day address to denounce the comments as not being representative of the community. 

To date, and to my knowledge, Cr Meyer has not responded to calls for an apology, and there’s been no official statement from the Council on the issue.

Edenhope RSL denounces mayor’s comments, supports LGBTQI community in Anzac Day speech – ABC News

Here are some of the latest Federal Election advocacy wins for councils:

Mitchell Shire Council has secured a commitment of $8M from the federal government for its planned Greenhill Recreation Precinct in Wallan. Treasurer Josh Frydenberg made the announcement in Wallan on Thursday. The money will support the first stage which centres on development of a dedicated gymnastics centre.

$8 million election commitment for Greenhill | Mitchell Shire Council

In the Latrobe Valley, the federal government has committed $48.2M to an energy from waste facility at the Maryvale Mill. Stage one of the $500M project is expected to reduce C02 emissions by around 270,000 tonnes annually.

Latrobe Welcomes Investment in Energy from Waste Facility

And at Hume, Federal Labor has committed $250K for road upgrade in Sunbury, and announced plans to fund an urgent care clinic in the town. The council is calling on the federal government to match the funding commitments.

Election commitments for Sunbury – Hume City Council

A decision last year by Hepburn Shire Council to sell the Rex building in Daylesford has come back into the spotlight, with a concerted community push to have the decision overturned.

The Bendigo Advertiser reported that 120 community members attended a public forum earlier this month, called Rethink the Rex, and resolved unanimously to request that the Council rescind its decision – which they say was made without consultation and against the recommendation of council officers.

Mayor Tim Drylie said the decision could not be rescinded because, in part, it had been acted upon. 

The council has commenced a community engagement process about the sale of the building, with a decision on whether to proceed expected to be made in June or July.

Proposed sale of The Rex – Hepburn Shire Council

Greater Geelong City Council has included an additional $4M in its proposed budget to convert its new northern aquatic centre from gas to electricity.

The switch will allow for the centre to be powered from wind energy, generating approximately $150,000 in operational savings.

It will also cut emissions by about 1700 tonnes per year, equivalent to the annual energy use of more than 300 Victorian households.

https://www.geelongaustralia.com.au/news/item/8da283f107e37ad.aspx

With the Victorian State Budget due for release this coming week, the City of Greater Bendigo is hoping for good news for its art gallery redevelopment.

It has nominated the $28M project as its number one funding priority, needing up to $21M in funding from other levels of government. The city has committed $3M, and $2.5M is coming from the Gallery board.

The city is also looking for $3.5M in state funding support for the Healthy Heart of Victoria initiative, which delivers health and wellbeing projects across six municipalities in the Loddon Campaspe region.

City calls on State Government to fund key projects

Now for the Victorian Briefs:

East Gippsland Shire has expressed concerns about delays to the rollout of the Murray Basin Rail Project. It has joined the Rail Freight Alliance in calling on Victorian Premier Daniel Andrews to honour a commitment to complete the project to its original scope, and ensure the Victorian rail freight network remains in state ownership and control.

Media Release: Council on board for Murray Basin Rail freight push

There’s great excitement in Mildura with the news that American rock band Kings of Leon will play a show later this year at the $44M Mildura Sporting Precinct. It will be the band’s only regional stop on their Australian tour. Mildura Mayor Cr Liam Wood said it would be a once a lifetime opportunity for 15,000 people to see the Grammy award act in the region in October. https://www.mildura.vic.gov.au/Latest-News/Kings-of-Leon-putting-Mildura-on-the-map-Mayor-Wood

Kings of Leon to play one-off regional gig in Mildura for up to 15,000 people – ABC News

15 Victorian councils will be funded to deliver family violence prevention initiatives, under a $3.5M state government program.

Minister for Prevention of Family Violence Gabrielle Williams announced the councils to receive funding this week. The investment will support prevention programs in council workforces and services, and to increase community understanding of the causes of family violence and violence against women.

https://www.premier.vic.gov.au/sites/default/files/2022-04/220429%20-%20Supporting%20Local%20Councils%20To%20Prevent%20Family%20Violence.pdf

This year’s recipients of IPAA Victoria’s Top 50 Public Sector Women have been announced, and local government is well represented. Congratulations to Mardi Cuthbert of the City of Casey; Tammy Smith from Yarriambiack Shire; Blaga Naumoski of Nillumbik Shire; Stacey Williams from Gannawarra; Kerryn Ellis of South Gippsland Shire; Vicky Mason, Greater Bendigo; Katrina McKenzie from the City of Melbourne; Helen Sui from Moonee Valley; and Fiona Weigall from East Gippsland Shire.

There were 80 recipients this year, announced on Friday night, and recognising outstanding achievements during recent challenging times.

https://www.vic.ipaa.org.au/top-50-2021-gallery

Hume City Council wants Melbourne Airport to explore innovative noise and health measures to combat aircraft noise.

The suggestion is made in the council’s submission to the airport’s draft master plan and third runway development plan, which are currently on public exhibition. 

I asked Hume CEO Sheena Frost what sort of innovation the council would like to see from the airport: Grab 1

How much of that concern relates to the planned third runway, because I imagine over the time the community has become accustomed to co-existing with an international airport?  Grab 2

What are the timelines for the consideration of these submissions, and what do you think will happen next? Grab 3

And in relation to those key transport projects, you’re suggesting the airport could be more active in its advocacy about those projects?

Grab 4

Council’s voice on Melbourne Airport future plans

Still to come – a SA mayor censured; the mayor banned from representing his council; corruption allegations aired in ICAC; and it’s ‘trench warfare’ in Tasmania over an amalgamation proposal.

You’re listening to the Local Government News Roundup for 1st May 2022, brought to you by the Victorian Local Governance Association.

I’m joined now by the VLGA CEO’s Kathryn Arndt to talk about the next in the 2022 series of Global Panel Discussions which is fast approaching.

Thanks very much Kathryn. For more details on that session on Thursday 26th May and to register, go to the events page on the VLGA’s website.. There’s a link in the show notes.

https://tinyurl.com/2p8fe9x9

Now for some stories making news around Australia in local government this week:

The Mayor of Devonport, Annette Rockcliff, says the council does not intend to start a fight with its neighbouring councils, after proposing the formation of a regional Council that would combine three council areas and part of another.

In its submission to the state government’s review of local government in Tasmania, the council suggested a Mersey Regional Council could comprise the Devonport, Kentish and Latrobe local government areas, and part of Central Coast.

The suggestion has prompted criticism this week from the mayors of the neighbouring councils. 

The Burnie Advocate quotes Kentish Mayor Tim Wilson as saying the plan had turned the reform discussion into trench warfare; Mayor of Latrobe Peter Freshney said it led to communities becoming defensive, wanting to fight against the invader; and Central Coast mayor Jan Bonde said amalgamation is not the start of a conversation about engaging with communities.

Cr Rockcliff says the Devonport submission is a conversation starter, and that the council’s position is about having a more efficient regional council.

Devonport to hear ideas from neighbouring councils

Devonport is not the only Tasmanian council suggesting structural change in its review submission. The City of Launceston’s draft submission includes a push for the establishment of a greater Launceston metropolitan council.

The submission focuses on the ‘spillover effect’, which occurs when residents of other municipalities use the services provided by a central authority without contributing the cost.

It says this is occurring in the urban area of Northern Tasmania, with Launceston being at a financial disadvantage relative to other Councils.

The cost to Launceston ratepayers has been estimated at more than $4.2M annually.

The Council’s submission, to be considered at its council meeting next week, also suggests greater resource sharing between rural and city councils. The suggested greater metropolitan council would combine Launceston with the Meander Valley and West Tamar local government areas.

Council considers Future of Local Government review – City of Launceston

A Tasmanian councillor has been found guilty of exposing himself three times to a crown prosecutor and her teenage son on a beach in the northwest of the state last year.

Darrn Fairbrother, a councillor at Waratah-Wynyard, denied the allegation of prohibited behaviour, and told the court his shorts had snagged on a rock.

The magistrate found it beyond reasonable doubt that the behaviour had occurred, saying his testimony had not beared up to close scrutiny in cross examination.

Sentencing is due to occur on May 13.

It is unlikely Cr Fairbrother will be disqualified from being a councillor as a result of the conviction, unless he receives a prison sentence.

Councillor Darren Fairbrother found guilty of exposing penis on beach | The Advocate | Burnie, TAS (Paywall)

City of Unley Council in South Australia has voted to censure its mayor, after receiving a report on the investigation of two complaints that he had breached the Code of Conduct for Council Members.

The Council gave leave to Mayor Michael Hewitson to make a personal statement to the meeting, before he left the chamber while the matter was considered.

A motion to request a verbal public apology from the mayor, in addition to receiving and adopting the investigation report, and censuring the mayor, was initially lost and again on division.

A second motion to simply receive the report was also lost, including after a request for a division.

Finally, a motion was carried to receive and adopt the report, and censure the mayor for diminishing community trust and confidence in the council, irresponsibly publishing confidential legal advice and sharing a Council video.

https://www.unley.sa.gov.au/files/content/public/council/about-the-council/meetings-minutes/full-council-meetings/april-2022/minutes-april-2022/26.04.22-aa-council-minutes.pdf

Dysfunction at a South Australian council has been exposed this week, with the mayor of Grant District labelling the actions of fellow councillors as pathetic, and a political stunt.

The Border Watch describes a disagreement over recent public appearances between Mayor Richard Sage and deputy mayor Gillian Clayfield that became heated at a council meeting last week.

The issue centres on a no confidence motion passed last December which restricts the mayor from publicly speaking on behalf of the council or on any council business until the end of his term in November.

Nor is he permitted to officiate at events, meet with government ministers or attend official functions.

Cr Sage had not spoken publicly about the no confidence motion before this time.  

Last year, the South Australian Ombudsman found that he had committed misconduct by failing to declare a conflict of interest; and in 2018, he was the subject of a similar no-confidence motion.

https://infoweb.newsbank.com/apps/news/document-view?p=AUNB&docref=news/189A9FAB87316A58

Ombudsman: Grant mayor committed misconduct – The Border Watch

No confidence in ‘failed’ mayor – The Border Watch

In NSW, the ICAC Inquiry known as Operation Tolosa has commenced public hearings, looking into corruption allegations against Canada Bay Mayor Angelo Tsirekas and the council’s former general manager Gary Sawyer.

The claims include that Mayor Tsirekas accepted rewards, including overseas flights and accommodation, from developers in return for favourable planning decisions.

Among the revelations so far, the inquiry has heard that the Mayor had travelled to China six times under the alleged arrangements; that accounting tricks were allegedly used to funnel tens of thousands of dollars to Cr Tsirekas from a real estate agent; and that a friend was allegedly used as a go-between and paid $1.4M.

City of Canada Bay Council – allegations concerning the Mayor and others (Operation Tolosa) – Independent Commission Against Corruption

https://www.smh.com.au/topic/sydney-councils-62l

Mayor of Canada Bay Angelo Tsirekas took bribes to help developers get their projects through council, ICAC hears – ABC News

To the National Briefs now:

The new Deputy Mayor of the City of Logan has been chosen. Councillor Natalie Willcochs was elected to replace Cr Jon Raven, whose second one year term had expired.

New City of Logan Deputy Mayor appointed

Former Albury mayor, Amanda Duncan-Strelec has entered the federal election race. She is contesting the seat of Farrer as an Independent. Ms Duncan-Strelec was the first female mayor of Albury in 1995, and spent 16 years on the council.

https://tinyurl.com/mryuxa34

And in WA, 

Town of Cambridge councillor Rob Fredericks has resigned from office just six months into his term. He was quoted as saying he was not happy with the leadership of the council, and the personal agendas of some councillors. He is the second councillor to have resigned from the Town of Cambridge this year.

https://postnewspapers.com.au/wp-content/uploads/2022/04/30042022.pdf

Your Mayor and Councillors – Town of Cambridge

Now for the International Spotlight, with stories from NZ, the UK and the USA.

The NZ Government has agreed to most of the recommendations of a working group for the planned overhaul of the country’s three waters systems.

Local councils will take non-financial shareholdings in four new public water entities, on the basis of one share for every 50,000 people in a council area.

The new water entities will be governed by a regional representation group, of which 50 percent will be local council representatives.

The Government is aiming to have the reforms in place by July 2024.

Government accepts Three Waters recommendations, councils to have shareholding, aspects of co-governance to remain | Stuff.co.nz

Spare a thought for the staff member at a UK Council who mistakenly published dummy election results for next week’s council election on their website.

The BBC reports that a test page had been created for internal use only, with all of the actual candidates for the listed and a fictional vote count attributed to each.

The page has now been removed, but not until after it became searchable online.

The actual results are due to go live next Friday UK time, a day after people go to the polls to elect local council representatives across the country.

Local elections: Pembrokeshire council publishes dummy results by mistake – BBC News

In Tucson, Arizona, a former county official has pleaded guilty on bribery corruption charges for taking cash and favours for providing reduced property valuations so that the landowner would save on taxes.

The man admitted to taking $20,000 in cash payments, and accepting free use of a 7 hectare ranch property.

He is yet to be sentenced, and faces up to 5 years in prison and a fine of $250,000 USD.

Ex-county assessor pleads guilty in bribery corruption case | AP News

That’s the latest from the Roundup, thanks to the Victorian Local Governance Association, your national broadcaster for all things local government. Subscribe to VLGA Connect on YouTube and podcast for regular sessions with local government identities and decision makers. 

I’ll be back with more news from around the world of local government on Wednesday. Until then, thanks for listening and bye for now.