Councils in court, and an experiment stopped in its tracks, #237

New episode

On the midweek update from the Local Government News Roundup, 5th July 2023:

The City of Melbourne votes for stability with its choice of a new CEO;

A release date revealed for the long-awaited Operation Sandon report;

A regional council closes its public gallery, while another is challenged in the Supreme Court for a similar decision;

An independent review into the financial model for local government in NSW to get under way soon;

A controversial child care decision at a Sydney council; while a rural council might soon be coming out of administration;

And the first UK Council to trial a four day working week ordered to stop it!

And much more news from around the world of local government.

The Local Government News Roundup is brought to you by the Victorian Local Governance Association, the national broadcaster on all things local government.

Listen to this episode here, and find the link for your podcast player here. The last 20 episodes are available free. Subscribe here for back catalogue, breaking news updates and special bonus episodes.

Transcript (with story links where available):

Hi, this is Chris Eddy, coming to you from the land of the Wadawurrung People with the latest from the Local Government News Roundup.

On the podcast today: 

The City of Melbourne votes for stability with its choice of a new CEO;

A release date revealed for the long-awaited Operation Sandon report;

A regional council closes its public gallery, while another is challenged in the Supreme Court for a similar decision;

An independent review into the financial model for local government in NSW to get under way soon;

A controversial child care decision at a Sydney council; while a rural council might soon be coming out of administration;

And the first UK Council to trial a four day working week ordered to stop it!

And there’s much more ahead in the latest update from  the Local Government News Roundup.

Thanks for joining me for today’s podcast – brought to you by the Victorian Local Governance Association.

Here are some of the Victorian council related stories making news in recent days.

Melbourne City Council has appointed Alison Leighton as its Chief Executive Officer.

Ms Leighton has served as Acting CEO since the departure of Justin Hanney from the position last October.

She has been with the city since August 2020, when she joined as a General Manager. Six months later, Ms Leighton was promoted to Deputy CEO.

Her previous roles have included CEO at Baw Baw Shire Council, and Chief Operating Officer at Mornington Peninsula Shire Council.

Lord Mayor Sally Capp said Ms Leighton brings stability, confidence and a proven record of delivery to the role.

Melbourne City Council

The IBAC report looking into alleged serious corrupt conduct in planning and property decisions in the City of Casey is to be released later this month.

The Operation Sandon report will be tabled in Parliament on the 26th July, according to a report from the Australian.

Witnesses involved in the matter have reportedly been told of the pending release in a letter from IBAC sent last week.

The newspaper predicts a flurry of last minute legal action from witnesses to prevent the report from being made public.

The Australian $, 29-6-23

This week’s meeting of Latrobe City Council was held in an online format, after months of disruptive behaviour by members of the public.

In a statement released last week, the council announced the move as being essential to maintain a conducive and respectful environment for all attendees.

It said consideration of reopening the public gallery would occur in the coming months, following assessment of appropriate measures to enable respectful and effective decision-making.

The Latrobe decision came as Yarra Ranges Shire Council announced it would be reopening its meetings to a public gallery next week, after having made a similar decision in April.

That decision is now at the centre of Supreme Court action brought by Darren Dickson, a man associated with the fringe group, My Place, which has been disrupting meetings at a number of councils in recent months.

The Age reports that the matter has reached the Supreme Court this week, with Mr Dickson asserting that the council has failed to engage the community adequately over a design framework for the town of Monbulk.

The matter has now been set for a one-day trial on the 3rd August.

Latrobe City CouncilThe Age

Three Melbourne councils are partnering to deliver a jobs and investment boost in eastern suburbs.

Knox, Maroondah and Yarra Ranges have developed a strategy to ensure the Bayswater Business Precinct continues its growth as an economic powerhouse.

It is the second largest employment precinct in the eastern metropolitan region, with over 5,000 businesses employing more than 30,000 people.

The joint council strategy includes the creation of a business heart and a co-ordinated land use plan; and aims for improved private, freight and public transport.

Knox City Council

The CEO of Strathbogie Shire Council has issued a statement to correct inaccuracies and misleading information circulating in the community about Kirwan’s Bridge.

The  bridge has been closed to traffic since late last year, and there has been a strong campaign from locals for it to be reopened.

CEO Julie Salomon said the Council has an engineering report that has found the bridge is structurally compromised and not safe for use by vehicular traffic.

The council is working with a community panel, and considering the options of replacement with a replica bridge or extensive structural repairs and strengthening works.

Strathbogie Shire Council

Featuring in the media this week is Port Phillip City Council, which has received the “A Current Affair” treatment over a proposal to locate a public toilet near a primary school.

Residents don’t want the toilet near the school due to fears it will attract drug users and other anti-social behaviours.

The council says the location was chosen last year after considering more than 18 sites for the toilet, which it says is needed in the busy Fitzroy Street precinct.

The council is due to consider whether it will continue with the plan at this week’s meeting.

A Current Affair

Now in today’s Victorian Briefs:

Former Indigo councillor Larry Goldsworthy
Former Strathbogie councillor David Andrews

The countback to fill an extraordinary vacancy on Indigo Shire Council has been set for 10am, Wednesday 9th August.

The vacancy was created last week with the resignation of Larry Goldsworthy, who has said he will now be focussing on his role as a full time police officer.

The extraordinary vacancy on Strathbogie Shire Council created by the resignation of David Andrews will be filled through a countback procedure to be held on Wednesday 12th July at 10am.

Monash City Council has announced 14 new dog off leash areas in the city, with a further eight being expanded or reduced after a review of its dog off leash policy.

The city now has a total of 45 off-leash areas, catering to a continued increase in the number of registered dogs in Monash.

Dr Graeme Emonson PSM

Monash City Council

The third member of the Moira Shire Council panel of administrators officially starts duty this week.

Dr Graeme Emonson takes up his appointment on the 5th July, joining Susanna Sheed who commenced last month, and Chair Administrator John Tanner, who is in the role until December.

Moira Shire Council

A 30 year partnership between Kingston City Council and the Hawthorn Football Club is set to deliver a boost for community sport.

The council will contribute $5M to a new community oval and pavilion at the Hawks’ Dingley Village headquarters, in return for 20 hours per week of community use – with the football club managing the ongoing maintenance and upkeep.

Kingston City Council

This year’s TAC Local Government Grant Program has been launched.

Councils can apply for up to $30K for road safety analysis projects, and infrastructure grants up to $100K with a matching contribution from the council.

Applications are due by 9th August.

Victorian Government

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Now for some of the stories making local government news from around Australia this week.

NSW:

The NSW local government minister Ron Hoenig has confirmed that an independent review of the financial model for councils will proceed.

A spokesman for the minister has confirmed to the Sydney Morning Herald that terms of reference for the review are being prepared currently.

The review was an election commitment from Labor while in opposition.

It would be separate to the review of the rate peg methodology currently being conducted by the Independent Pricing and Regulatory Tribunal.

A draft report from the IPART review is said to support a broader, independent review of the state’s local government finance model.

Sydney Morning Herald

At least 10 NSW councils have now formally resolved to support the YES campaign for an Indigenous Voice to Parliament, prompting criticism from some quarters about whether its an appropriate use of ratepayer dollars.

The Daily Telegraph this week reports that councils like Randwick and Sydney are supporting the YES campaign with budget allocations, with some councillors suggesting the stance could alienate parts of the community.

The debate at Randwick reportedly became fiery with opposition from Liberal councillors.

The Daily Telegraph asked all 128 councils in the state about their position, with just 10 confirming a formal resolution in support of the YES vote, and many stating that they had no formal position as yet.

A constitutional law expert has confirmed that Councils are free to back a side of the debate, having implied freedom extending from the constitution to all political communication.

Daily Telegraph $, 3-7-23 

Willoughby Council has pressed ahead with a plan to outsource the running of its last council-run childcare centre.

The decision to transition the centre to a private operator was made on the casting vote of the mayor, Tanya Taylor, who said it was a win for families, staff, residents and ratepayers.

A community campaign culminated with over 300 people in attendance at the council meeting to witness the council make its decision.

The Devonshire Street Childcare Centre in Chatswood has been under Council operation for 36 years, and has been running at a loss of more than $350K per annum, and requires investment of over $400K to come up to current standards.

The Daily Telegraph reports that the United Services Union is lobbying councillors to bring forward a rescission motion in an attempt to overturn the decision.

Daily Telegraph 

Central Darling Shire Council may soon be cleared to return to elected representatives, after a decade under administration.

The ABC reports that discussions have been held between shire representatives and the local government minister about the potential for elections to be held next year.

The last group of councillors was dismissed in 2014, amid allegations of financial mismanagement.

ABC News

QLD:

A north Queensland council is seeking to have a drowning case dismissed by the Supreme Court. The case involves the drowning deaths of a father and son at the Airlie Beach Lagoon in 2018. 

The Whitsunday Regional Council and the operators of the lifeguard service were charged in 2020 for breaching their obligations under the Work Safety and Health Act. 

However, the council argues that they have been charged under the wrong legislation and that the operation of the lagoon is governed by the Safety in Recreational Water Activities Act instead. 

ABC News has reported that the council’s application to have the case permanently stayed was rejected by a magistrate, prompting them to apply to the Supreme Court to quash the decision. 

The council has also requested a declaration that the Proserpine Magistrates Court does not have jurisdiction over the matter. 

The Supreme Court hearing is scheduled for Friday, while the Proserpine Magistrates Court matters have been adjourned until September. 

A civil claim by the mother of the victims was settled out of court in May.

ABC News

WA:

To Western Australia, where WA Today reports on the latest council forced to alter its waste arrangements due to a delay with a new waste-to-energy facility.

The $700M facility at Kwinana was meant to be operational by the end of 2021, but is now unlikely to be up and running before late 2024.

The City of South Perth last week met in a closed session to consider changes to its waste supply agreements, following similar moves by at least six other councils including Gosnells, Mandurah and Canning.

The councils for the most part say the delay will not cause them to incur additional costs, with existing landfill arrangements to remain in place until the new facility comes online.

WA Today

Briefly:

Cumberland Council has signed a new two year partnership with the Parramatta Eels National Rugby League Women’s team.

A state of the art stadium in Granville will be the official training ground for the team, and will be the base for its women’s rugby league development programs aiming to engage and inspire the local community.

Cumberland Council

The Tasmanian government has launched a new grants program for local government to make improvements to public open spaces.

It’s aimed at encouraging more physical activity, and promoting a more active lifestyle for Tasmanians.

All 29 Tasmanian councils are eligible to apply for a share of the $5 million pool of funds.

Tasmanian Government

An E-scooters trial will start this week in Springfield, in Queensland’s City of Ipswich.

Hire company Beam has been engaged to run a six month pilot program, with the distinctive purple machines to be launched on Springfield streets this Saturday.

Ipswich City Council

Now for today’s International Spotlight:

UK

A local council in Cambridgeshire is seeking a meeting with ministers after being ordered to end its experiment with a four-day workweek. 

South Cambridgeshire District Council had planned to extend the trial until next April, but has been ordered by a government minister to end it immediately. 

Council Leader Bridget Smith, has defended the scheme, stating that it had helped address the council’s reliance on expensive agency staff. 

However, Minister Lee Rowley expressed concerns about the “value for money” for taxpayers and stated that the model was inappropriate for local authorities. 

He has also suggested that it could be in breach of the council’s legal duties. 

The Levelling Up Secretary Michael Gove has thrown his support behind the ministers’ position, saying he is a strong believer that council staff should work a five day week.

The Department for Levelling Up, Housing and Communities will be issuing guidance on the matter soon. 

The Daily Mail; BBC NewsNews.com.au

The council of the Orkney Islands will this week consider a proposal to break away from the UK, and potentially become a part of Norway.

Concerns about a lack of fair funding from the UK and Scottish governments has led to a motion before the council to investigate alternative forms of governance, according a report from the BBC.

One possible model is to emulate the Faroe Islands, which is a self-governing territory of Denmark.

A previous discussion in 2017 stopped short of backing full independence.

Orkney has been part of Scotland since 1472, and was previously under Norwegian and Danish control.

BBC News

The mayor of Lisbon has been accused of obstructing the construction of Portugal’s first memorial to victims of slavery. 

The memorial, proposed by Portugal’s Association of African Descendants, was meant to be erected in a central square near Lisbon’s Tagus river. 

However, the project has faced delays, with the mayor’s office requesting changes to the construction materials and budget. 

The mayor’s office has proposed a new location for the memorial, but the association has accused them of boycotting the project. 

The mayor’s office denies these accusations and states that they are working with the association to find a solution. 

Portugal’s role in the transatlantic slave trade is often overlooked, and the memorial aims to raise awareness of this history.

Yahoo News

A former council member in Godley, Texas, Jennifer Thompson, has filed a lawsuit against the ex-mayor, Acy McGehee, the city, and multiple members of the city’s law enforcement. 

Thompson alleges that McGehee and the police conspired to violate her constitutional rights by arresting her outside City Hall in February. 

The arrest came after Thompson had been seeking answers about the city’s finances and hiring practices for several months. 

According to Thompson, she was jailed, strip searched, and held for 24 hours. 

McGehee denies the allegations, stating that he had no knowledge of the crime Thompson was accused of until after she was taken into custody. 

NBC News

If you’re a mayor who likes the traditions that go with the office, here’s one from Mexico that might inspire you.

This week in a small Mexican town, a mayor has conducted an age-old ritual to bring prosperity on two local communities.

It’s very simple and symbolic – all he had to do was marry a caiman, which if you’re not aware, is a type of alligator.

Yes, you heard correctly.

The BBC has footage of the event, where Mayor Victor Hugo Sosa wed a seven year old caiman called “little princess.”

The ritual is said to symbolise the joining of two cultures.

In case you’re wondering, he did kiss the bride, but mercifully ‘little princess’ had her snout tied shut.

BBC News

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That’s the latest from the Roundup for the 5th July 2023.

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The Local Government News Roundup is recorded in the city of Greater Geelong, Victoria, on the land of the Wadawurrung People of the Kulin Nation. 

I’ll be back soon with more of the latest local government news. Until next time, thanks for listening, and bye for now.