On the weekend update for 19th August 2023,
Case dismissed – a win for Yarra Ranges and the sector in the Supreme Court;
Councils looking to name and shame over illegal tree removals;
Serious misconduct allegations dismissed at Benalla council;
A call for respect for parking officers facing escalating public abuse;
A deputy mayor removed mid-term;
Councillor conduct issues in the spotlight at a Queensland council;
And English councils asked to turn a blind eye to the law due to the FIFA Women’s World Cup.
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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:
Case dismissed – a win for Yarra Ranges and the sector in the Supreme Court;
Councils looking to name and shame over illegal tree removals;
Serious misconduct allegations dismissed at Benalla council;
A call for respect for parking officers facing escalating public abuse;
A deputy mayor removed mid-term;
Councillor conduct issues in the spotlight at a Queensland council;
And English councils asked to turn a blind eye to the law due to the FIFA Women’s World Cup
Just some of the many local government stories getting our attention today… let’s round ‘em up!
Thanks for joining me for today’s podcast – brought to you by the Victorian Local Governance Association – the national broadcaster on all things local government;
And by Snap Send Solve, about to head out on a NSW tour culminating at the LG professionals customer experience conference on the 24th and 25th August.
Let’s get into the Victorian Roundup.
The Supreme Court case brought against Yarra Ranges Shire Council in relation to its consideration of an Urban Design Framework document has been dismissed, and the plaintiff ordered to pay the council’s costs.
Darren Dickson was seeking to delay the council’s vote on the document, claiming a failure to engage residents in a meaningful way.
Supreme Court judge Melinda Richards found that Mr Dickson does not have standing to seek the remedies claimed, and that his interest in the matter was no different from that of any member of the public.
She said the council is meeting its obligations to engage the community, and that its meetings have at all relevant times been open to the public.
In her ruling, Judge Richards said Mr Dickson had no legal basis to claim residents were barred from meetings, finding that a meeting may be open to the public even though members of the public aren’t able to attend in person.
Judge Richards said she was inclined to order Mr Dickson to pay the council’s costs, but said that he could make a submission if he wished to attempt to persuade her otherwise.
Supreme Court Decision; The Age
Some Melbourne councils are looking at publishing a list of prosecutions for illegal tree removals on their websites as a deterrent for other would-be offenders.
The Age reported this week on the increasing number of illegal tree removals carried out under cover of darkness as property owners prioritise development and home improvement projects.
Boroondara and Whitehorse are said to be looking at a public register option as frustration builds with a system that they say doesn’t adequately deter wrongdoers.
Councils want to see fines, currently capped at $3800, increased to a level that reflects the significance and financial value of the trees that are removed.
A councillor conduct panel has dismissed six allegations of serious misconduct at Benalla Rural City Council.
Cr Punari Gunaratne alleged unreasonable behaviour by Cr Peter Davis on six occasions between September 2021 and March 2022.
The alleged behaviour related to emails and interactions in council meetings and councillor only sessions.
The panel considered written and oral evidence before determining that the allegation of bullying was not made out, and it dismissed the application.
Councillor Conduct Panel Determination
A wave of abuse towards local laws officers in Horsham has led to a joint council and police campaign calling for people to show respect.
The introduction of a new parking system earlier this year has been a catalyst for poor behaviour from some members of the public, described by one officer as “abhorrent”.
The Weekly Advertiser reports that some people believe the new technology is hard to use, or that parking should be free, prompting bad behaviour on the part of a few.
CEO Sunil Bhalla said the behaviour was disappointing, and that officers deserve to be treated with respect.
Now in today’s Victorian Briefs:
Rebecca McKenzie will remain CEO at Glen Eira City Council through the coming election cycle, with the council extending her employment through Feb 2026.
Mayor Jim Magee said the council was delighted to secure Ms McKenzie’s services with a number of challenges ahead. He said the councillors wanted to avoid the CEO’s contract term expiring during the orientation of a newly elected council after the 2024 elections.
Submissions are closing soon for two consultation processes being run by Local Government Victoria.
Public input is sought by 31st August on whether a valuation averaging mechanism would be beneficial for mitigating the impact on rates of significant changes in property valuations.
And feedback on draft ministerial guidelines regarding rates hardship relief is due by 15th September.
Valuation Averaging Mechanism; Ministerial Guidelines
The City of Ballarat is moving from an annual to a quarterly model for its community satisfaction survey.
200 residents will be surveyed each quarter starting this month, with each round of results compiled into an annual summary.
The surveys will continue to be conducted by JWS Research.
The VLGA board has elected its office bearers for a new two year term.
Whitehorse councillor Denise Massoud has been re-elected President, and Cr Josh Fergeus from Monash was elected Vice-President.
Andrew Sloman was also re-elected as Treasurer.
National Roundup
Now for some of the stories making local government news from around Australia this week.
NSW:
Sydney’s Lord Mayor Clover Moore is reported to be planning to seek a sixth term next year, despite continued speculation about her retirement plans.
2024 will mark 20 years since the now 77 year old was first elected, and she told the Sydney Morning Herald this week that it would be disastrous for the city if her retirement led to one of the major political parties taking control.
If she were to win again next year, it would extend her time as Lord Mayor to nearly 25 years.
Port Macquarie-Hastings Council no longer has a deputy mayor, after a council vote this week brought forward by Mayor Peta Pinson.
Cr Pinson used her casting vote to break a deadlock in the chamber on Thursday afternoon to effectively expire Cr Rachel Sheppard’s term as deputy mayor.
Cr Sheppard was elected to the position in February for what was meant to be a 12 month term.
The position will now remain vacant until council elections in September next year.
Mayor Pinson said she brought the matter forward to level the playing field, and to lower the political game that may occur in the lead-up to elections.
Blacktown city CEO Kerry Robinson has called for a new tax on developers to pay for social infrastructure such as swimming pools and libraries.
He has warned that the alternative would be to raise rates in urban fringe communities by 40%, according to a report from The Guardian.
Blacktown council is facing a funding shortfall of $600M, while the need across urban fringe councils is estimated to be $4B.
Mr Robinson said incoming legislative changes don’t go far enough as it will only enable developer contributions for higher order infrastructure such as major roads and hospitals.
Sydney’s Inner West Council has identified an initial 10 council-owned sites with potential for affordable housing development.
They include a number of car parks and a depot site. The council proposes to maintain title over the sites and partner with community housing providers to develop affordable housing.
Mayor Darcy Byrne said the council is seeking to set an example for how councils across Australia can help address the housing crisis.
TAS:
The Tasmanian Premier has announced plans to expand collaboration with local governments through strategic partnerships focused on the unique aspects of each region.
An MOU for the first partnership with West Coast Regional Council is about to be signed, while an East Coast agreement is also being planned.
Premier Jeremy Rockcliff said the partnerships aim to identify local challenges, create a long-term framework for planning, investment, and land use, and bring together key stakeholders from government, business, community, and industry.
QLD:
Murweh Shire Council has reportedly terminated the services of its CEO Sabine Taylor six months into her term.
According to the ABC, the council voted unanimously to part ways with Ms Taylor on Thursday, with immediate effect.
Ms Taylor is understood to be seeking legal advice.
A council spokesperson confirmed Ms Taylor’s departure and advised that director of economic development John Nicholson had been appointed as Acting CEO.
Murweh is the second Queensland council in as many months to terminate its CEO during their probation period, after Aurukun Shire parted ways with Kate Rosier in July.
Two cases of councillor conduct have been dealt with at Scenic Rim Council in recent weeks.
The Beaudesert Times has reported on the recent deliberations in the council chamber.
The Deputy Mayor Jeff McConnell was compelled to publicly admit to engaging in inappropriate conduct in relation to an alleged comment to a council officer at a staff Christmas party.
He complied with the council direction to make the admission after being warned by the mayor that failure to do so would likely escalate the matter to an allegation of misconduct.
Separately, Cr Derek Swanborough has been issued with a reprimand, and ordered to pay 30% of the cost of an investigation into allegations that he had used a personal email account for council business.
Cr Swanborough denies the allegations and said he had been denied natural justice and not given the chance to respond to the claims.
Beaudesert Times, 17-8-23
SA:
A South Australian council has reversed a decision to spend $40K supporting a campaign for the Yes vote for the Voice campaign.
Adelaide Now reports on how Mitcham City Council this week voted to revoke a June resolution that critics say was made without adequate community consultation.
A subsequent motion to reallocate funds towards reconciliation was lost.
The money, which was to be spent on a major public information event and smaller community events, has been returned to the budget.
WA:
The City of Vincent is resisting resident calls to reduce its use of glyphosate for weed control in public areas, after a review found the alternative was too costly.
PerthNow reports that the council has asked staff to continue investigations to reduce the use of the spray, after being told an alternative method of using steam would be 20 times more expensive.
Independent testing in one of the city’s major parks found there was little to no residual presence of the chemical in the soil eight days after application.
Briefly:
Former two term lord mayor of the city Wollongong Alex Darling has passed away.
Mr Darling served three terms on the council from 1987, and was elected lord mayor in a 2002 by-election, a position he held until 2008.
He was recognised as a Member of the Order of Australia in 2007.
In South Australia, Berri Barmera Council CEO Dylan Strong has resigned after 16 months in the role to take up the CEO position at Copper Coast Council on the Yorke Peninsula.
He said the move was due to a change in personal circumstances and the need to be closer to his young family. McArthur Executive has commenced the search for his replacement
Berri Barmera Council; Australian Local Government Job Directory
Tasmania’s Heritage Council has approved the removal of the William Crowther statue from Franklin Square in Hobart.
It determined that the impacts of the removal on the historic cultural significance of the square are acceptable.
A final decision on the removal rests with Hobart City Council.
The Local Government Association of Tasmania’s 2023 annual conference has adopted a theme of ‘Embracing Change.’
The conference will be held on the 1st and 2nd November, and will include the announcement of this year’s Awards for Excellence.
Now for today’s International Spotlight:
UK:
It’s been a busy week of letter writing for UK government minister Michael Gove.
Six councils have been advised of the minister’s concerns after findings of severe maladministration by the housing ombudsman.
In the letters, which have been published online, Mr Gove says he will be taking a personal interest in how the councils deliver their responsibilities to their residents.
Tandridge, Nottingham and Westminster councils are among those to have received sternly worded letters this week.
Dept for Levelling Up, Housing and Communities
And with the final of the FIFA Women’s World Cup approaching this weekend, Mr Gove has written to council leaders across the country asking them to do everything they can to get pubs open earlier on Sunday.
Localgov.co.uk reports that the letter urges council assistance to ensure people can come together and enjoy a drink before kick-off for this special occasion.
The LGA says councils are marking the occasion in various ways, and working with local vendors to ensure supporters can enjoy the match safely and get behind the Lionesses.
At least one council has reacted angrily to the letter.
Plymouth City Council leader Tudor Evans said the minister has asked enforcers to turn a blind eye to licensing rules, and that the government should have planned earlier and made arrangements to relax licensing laws so that venues could legally open at 10am on Sunday for the big game.
Localgov.co.uk Plymouth City Council
Europe:
A new mayor has taken office this week in Riga, the capital of Latvia.
Vilnius Kirsis was elected with 33 out of 50 votes, after the previous mayor resigned amid a breakdown in relations within a ruling coalition of parties.
The Baltic Times reports that a new coalition is now in power, having agreed this week to general principles of cooperation including building a competent city council to reduce divisions between local government and the community.
US:
A small city in Minnesota is losing its entire police force, after a mass resignation of its chief and other officers.
ABC News reports that Goodhue City Council met to discuss possible pay increases but was instead presented with a number of resignations.
Police Chief Josh Smith had previously expressed his frustrations in attempting to hire officers because salaries were not competitive.
With his own resignation this week, a number of officers have also followed suit, saying they had only stayed on as a personal favour to the chief.
The city’s mayor Ellen Anderson Buck has moved to allay community concerns about a lack of local police coverage from next week, and said she was confident the city would have a police department again.
NZ:
A controversial leadership structure at Rotorua Council is to be wound back, with the axing of six deputy chief executive roles announced this week.
The NZ Herald reports that the structure with seven deputy roles sparked a nationwide debate two years ago and calls for an independent review.
One of the deputies resigned last November and the role has not been filled.
The council’s mayor, Tania Tapsell, said the roles would now revert to a group manager format as part of a structural refresh, and a direction to the chief executive to find cost efficiencies.
That’s the latest from the Roundup for 19th August 2023.
Brought to you by the Victorian Local Governance Association, with support from Snap Send Solve.
You can find links to the stories referenced in this episode and a full transcript at www.lgnewsroundup.com.
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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.
More of the latest local government news coming your way next week. Until then, thanks for listening, and bye for now.