On the Roundup for 29th July 2023,
The Operation Sandon report is out and it makes sweeping recommendations for major reforms to local government planning and governance;
A long running lawsuit against Greater Dandenong is dropped;
A councillor suspended for one month for misconduct;
Another councillor resignation at Strathbogie Shire;
A Tasmanian council on the brink of suspension;
A NSW mayor sets the record straight on referendum signage;
And the WA councils introducing new social media rules for councillors.
The Local Government News Roundup is brought to you by the Victorian Local Governance Association, the national broadcaster on all things local government; and by Snap Send Solve, helping keep shared spaces safe, clean and great to be in.
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 Operation Sandon report is out and it makes sweeping recommendations for major reforms to local government planning and governance;
A long running lawsuit against Greater Dandenong is dropped;
A councillor suspended for one month for misconduct;
Another councillor resignation at Strathbogie Shire;
A Tasmanian council on the brink of suspension;
A NSW mayor sets the record straight on referendum signage;
And the WA councils introducing new social media rules for councillors.
Just some of what’s ahead in your midweek update from the Local Government News Roundup.
Thanks for joining me for today’s podcast – brought to you by the Victorian Local Governance Association.
And by Snap Send Solve – in the business of keeping shared spaces safe, clean and great to be in.
Here are some of the Victorian council related stories making news in recent days.
The report from IBAC’s Operation Sandon has finally been released, and makes sweeping recommendations that would shake-up local government planning laws.
There are 34 recommendations in total, starting with the establishment of a taskforce to oversee implementation of those recommendations.
Broadly, the recommendations include:
- Development of an independent planning panels model to make decisions on statutory planning matters statewide;
- Measures to address corruption risks related to rezoning windfall gains;
- Measures to bring more transparency to rezoning processes.
A number of recommendations relate to directly to Council governance, such as: - Model Councillor Code of Conduct
- Mid term governance, leadership and integrity training
- Model Governance Rules
- Expectations on councillor/staff interactions
- Model Transparency Policy, with implications for briefing sessions
- Prohibiting en bloc voting
- Minutes to show all speakers and how each councillor voted, regardless of division
- Reforms for disclosing and dealing with conflicts of interest matters
- Schedule of reportable donations for planning matters
- Model conflict of interest training
- A new penalty for councillors with a conflict of interest who attempt to influence other councillors
- Review of sanctions for misconduct, including ineligibility to be mayor
- Support for CEOs to make mandatory serious misconduct notifications
- Greater consistency and independent oversight of council CEO recruitment and employment
IBAC found that “as a group” Casey councillors “exhibited and tolerated behaviour that did not meet the standards required of them”.
It found that about $1.2m was paid to two former Casey councillors – Sam Aziz and Geoff Ablett – by property developer John Woodman to gain support for Council planning decisions.
Four former city of Casey councillors are among those about whom the report makes adverse findings.
Victorian Premier Daniel Andrews released a statement acknowledging the report, saying the government would consider and respond to the recommendations in due course.
Mr Andrews said the government’s clear position is that the role of local councils in significant planning decisions should be reduced.
The council at the centre of the enquiry, Casey City Council, issued a statement saying it would continue to work with IBAC and the government to strengthen integrity in decision making and promote transparency.
Chair Administrator Noelene Duff said the city had been proactively engaging with IBAC, and that a great deal of work has already occurred to reform processes and ensure clarity of responsibilities and decision making.
The Victorian Local Governance Association welcomed the release of the report. President Cr Denise Massoud said the VLGA would carefully consider the recommendations and make a response after consulting with its member councils.
Peak body LGPro said Victoria’s latest corruption investigation highlights the urgent need for Victorian Government-led reform for the Local Government sector.
It said it welcomes many of the reform recommendations, including sanctions for misconduct that are adequate and applied appropriately, explicit provisions in the councillor code of conduct that allow council officers and members of the public to make complaints to the Chief Municipal Inspector, and the publication of data on arbitration and complaint processes.
The Municipal Association of Victoria said it was a relief for the sector to finally have the report released.
It said in a statement that the behaviour described in the report is unacceptable and reflects poorly on all involved.
President Cr David Clark said, “the issues interrogated by Operation Sandon should be of interest to us all given they affect multiple parts of public administration in the state.”
He said the MAV would work through the recommendations with councils and the state government.
IBAC has produced a video overview with Acting Commissioner Stephen Farrow which can be viewed online, and there’ll be a special episode of VLGA Connect early next week unpacking the implications of the report for the sector,
In other news:
A long running case against Greater Dandenong City Council has been dropped, after being dismissed by a court following mediation.
In a statement, Council CEO Jacqui Weatherill said that I Cook Foods had dropped its case, confirming that there was no substance to any of the claims made against the Council and its officers.
Both parties have agreed to pay their own legal costs.
Ms Weatherill said the welfare of staff would be a continued focus, and reiterated the council’s condolences to the Painter family who lost their mother.
Ian Cook, the founder of I Cook Foods, told Sky News that the withdrawal of the case against the council was a tactical move on legal advice ahead of a Supreme Court proceeding against the state government which commences on Monday.
He told Peta Credlin that the City of Greater Dandenong is not off the hook, and the “steam train was still coming toward them.”
Read the full Council statement here.
A councillor at Golden Plains Shire has been suspended for one month after being found by an arbiter to have engaged in misconduct.
Cr Les Rowe was the subject of a complaint lodged by the Mayor Brett Cunningham, after comments from Cr Rowe were published in a local newspaper criticising the standard of road grading in the shire.
It was alleged that Cr Rowe’s comments were incorrect and misleading, and in breach of the council’s media policy as well as required standards of councillor conduct.
The arbiter found that Cr Rowe had engaged in misconduct, but had not breached the media policy.
He was ordered to make a written apology and was suspended from the office of councillor for one month, commencing 26th July.
Cr Rowe has also been granted a leave of absence, effective from the 26th August through the 3rd October.
The council tabled the arbiter’s report with Cr Rowe’s written apology at its Council meeting on Tuesday night, and it is included in the minutes of the meeting here.
Strathbogie Shire Council has been hit by another councillor resignation.
Seven Creeks Ward councillor Kristy Hourigan is stepping away, citing an in-house political bureaucracy and a gender bias that has taken its toll.
In a statement published on the Council’s website, Ms Hourigan describes the role of councillor as a “thankless task” but says she remains committed to being a strong advocate for the region and community.
She said she hopes the Council can create a respectful and inclusive environment where all voices are heard, and concerns addressed constructively.
It is the third resignation of a councillor during this term of Council, with two previous resignations occuring in Lake Nagambie Ward and filled by countback procedures.
Details of a process to fill the latest extraordinary vacancy are pending.
Strathbogie Shire Council is currently under the observation of the second municipal monitor to be appointed by the state government during this term.
Councillors at Surf Coast Shire have voted to make bathrooms in the shire gender neutral through amendments to its Community Amenity Local Law.
The local law has been updated to allow people over six years of age to enter a Council toilet or facility, which is signed for use by persons of a different gender.
Mayor Liz Pattison said she didn’t expect to see major changes in the way toilets and facilities are used.
Not all councillors supported the changes, and a petition and nearly 90 submissions were received, with most objecting to the proposed direction.
Surf Coast Shire Council; Geelong Advertiser $
A state government announcement that all planning permits for new homes and residential subdivisions will only connect to electricity has been welcomed.
The CASBE alliance of councils has applauded the move as a step towards zero carbon development targets.
The Climate Council, of which many local governments are members, described it as a game changing stride towards clean,safe and affordable homes.
The changes will apply to all new homes requiring a planning permit from 1 January next year, including new public and social housing developed by Homes Victoria.
Now in today’s Victorian Briefs:
Victorian councils will share in a $25M support package to cover Commonwealth Games related costs, including the salaries of executives employed specifically for the now cancelled regional Victorian games.
The Age reported this week that the package comprises $5M each for Greater Geelong, Greater Bendigo, Ballarat and Latrobe, and $3M for Greater Shepparton.
Other impacted councils will share in $2M in small grants.
Read more from The Age ($) here.
A local MP has called for Geelong advocacy group G21 to be disbanded, after the withdrawal of funding by Greater Geelong City Council.
The council’s $500K membership fees constituted the majority of the group’s funding, and Liberal member for Western Victoria Bev McArthur has said other councils should be reconsidering their membership.
In a report from Bay 93.9, the MP said the region is over-represented by organisations and wondered whether it would be noticed if G21 was abolished.
Indigo Shire has awarded a 10 year contract to Cleanaway that will see that company continue to collect kerbside waste in the shire.
The $30M contract includes collection of food and organic waste as part of a consortium with other regional councils.
National Roundup
Now for some of the stories making local government news from around Australia this week.
Tasmania’s Local Government Minister Nic Street says he is actively considering suspending the councillors at Dorset Council while an inquiry is conducted into alleged governance failings.
A Board of Inquiry has been appointed to investigate allegations that have been uncovered in an initial investigation conducted by the Director of Local Government.
The investigation, triggered by complaints from councillors and members of the public, revealed evidence suggestive of a range of governance failings including improper use of statutory power; mismanagement of conflicts of interest; poor decision making and disrespect for community members.
Minister Street has sought comment from the councillors by this Friday evening before making a decision on a potential suspension early next week.
Senior Barrister Andrew Walker and former Clarence council general manager Andrew Paul have been appointed as the two-person Board on Inquiry, which is expected to take about seven months to conduct an investigation and provide a report to the government.
The Mayor of Kiama Council, Neil Reilly, has moved to address what he has described as misinformation and confusion arising from media statements by another Kiama councillor.
Mayor Reilly said the council had voted eight votes to one to support the Voice to Parliament.
Subsequently, Cr Mark Croxford, who voted against the proposal, issued his own press release expressing views that Mayor Reilly said do not represent the position of the council.
Cr Croxford had claimed that signs promoting a Yes or No vote for the Voice referendum would be in violation of planning policy rules and risked a fine.
Mayor Reilly has pointed out that referendum advertising is not governed by the same rules as for elections.
In a separate issue, the Illawarra Mercury reports that Cr Croxford was censured by the Council during a recent confidential meeting for “conduct that amounts to engaging in intimidation,” after a heated discussion earlier in the year relating to a development application.
Kiama Municipal Council; Illawarra Mercury ($)
Port Macquarie-Hastings Council has held an extraordinary Council meeting to determine the way forward following the resignation of former councillor Sharon Griffiths after 11 years on council.
Ms Griffiths resigned on the 21st July with immediate effect, creating a casual vacancy.
The council has resolved to ask the Local Government Minister for approval to dispense with a by-election, given there is less than 18 months before the next elections in 2024.
The Council estimates its decision would save the council costs in the order of $500K were it required to conduct a by-election.
Port Macquarie-Hastings Council
A Hilltops Council plan to limit the number of pets residents can own has been dropped, after strong community opposition.
ABC News reports that a petition of more than 1300 signatures opposed a new policy that would cap pet numbers at four dogs or six cats per household.
The council voted against the policy due to concerns about the impact on rural properties and possible unintended animal welfare impacts.
Isaac Regional Council has appointed Ken Gouldthorp as its interim Chief Executive Officer for a period of 12 months.
Mr Gouldthorp recently served as interim CEO at Snowy Valleys Council, is a former general manager at Newcastle City Council, and has previous experience in central Queensland with roles at Mackay and Emerald.
He’ll take up the appointment in August.
The Council will recruit for a permanent CEO following local government elections in March next year.
Two WA councils have introduced new requirements for councillors to declare their involvement in community social media accounts.
ABC News reports that the City of Bayswater and the Town of Cambridge have each introduced a register of social media interests to address concerns about potential manipulation of public debate.
In both cases, the new requirement was passed by just one vote, with some councillors concerned about the scope of the measure and the ability for it to be enforced.
Briefly:
Toowoomba Regional Council has appointed Rebecca Vonhoff as its new Deputy Mayor at a special meeting on Friday.
The election came a week after an earlier special meeting that saw former deputy Geoff McDonald become the new Mayor of the city.
Adelaide Hills Council is the latest to resolve to move citizenship ceremonies away from the 26th January.
The council has resolved to not conduct ceremonies, confer awards or hold events on that date from now onwards.
Federation Council has engaged a local government economics specialist to conduct an independent review of its financial sustainability.
The appointment of Professor Joseph Drew from the Institute for Regional Futures at Newcastle University is in line with a council resolution in June to look into whether the amalgamation of Corowa and Urana shires has delivered expected efficiencies and savings.
Snowy Monaro Council is proceeding with the divestment of aged care facility Yallambee Lodge at Cooma, and has appointed a not for profit provider to take over operations.
The facility is the site of the incident in which a 95 year old woman fell and struck her head after a police officer discharged a taser. She later died in hospital.
A decision on the closer of the Snowy River Hostel at Berridale has been deferred pending further consultation.
Now for today’s International Spotlight:
The Mayor of London, Sadiq Khan has hailed a landmark High Court ruling that clears the way for the expansion of the city’s ultra low emission zone.
The BBC reports that the mayor’s plan to charge drivers of older, more polluting vehicles a daily fee of £12.50 was challenged by five councils – Bexley, Bromley, Harrow, Hillingdon and Surrey County.
The judge ruled that the mayor’s expansion plans were within his powers, and the consultation that was undertaken was lawful, albeit not in-depth.
Surrey Council’s leader described the outcome of the court case as incredibly disappointing.
Bromley council’s leader apologised to those families who would now be forced to trade in perfectly good cars for a new vehicle they don’t want or need.
Mayor Khan said the decision means the city could proceed to clean up the air in outer London.
Several staff members at Sheffield City Council have either been dismissed or resigned due to fraudulent activities, according to a report prepared for the council’s audit and standards committee.
The BBC reports that the incidents involved theft of cash, falsification of timesheets, and abuse of Blue Badge parking.
In the 2022/23 period, the council conducted 31 fraud investigations, some of which involved council staff.
The council says it has taken appropriate actions, including dismissals and resignations, in response to proven issues.
In Glasgow, the leader of the city council has warned a football club that it may lose its training ground if it signs a footballer who was declared to be a rapist in a 2017 civil case.
David Goodwillie and another footballer, David Robertson, were ordered to pay £100,000 in damages after a judge found them guilty of raping a woman in 2011.
Glasgow United FC recently fielded Goodwillie in a friendly match, sparking criticism from Rape Crisis Scotland.
Council leader Susan Aitken said signing Goodwillie would send the wrong message about the club’s attitude towards women’s safety and that she is prepared for the council to sever ties with the club.
Goodwillie has faced public outrage and contract cancellations due to the case, but he maintains his innocence and wants to move on with his life.
An investigation by the NZ Herald has revealed a spend by Auckland Council of $190M over the past five years on fees for global accounting firms and top New Zealand law firms.
Law firms accounted for $127 million of this spending, while the “Big 4” accounting firms – PwC, Deloitte, Ernst & Young, and KPMG – received a total of $63 million.
The figures have raised concerns, especially during a time of budget cuts in the wake of the pandemic.
Auckland Mayor Wayne Brown has expressed his shock at the costs and has pledged to reduce spending on consultants.
Auckland Council’s emergency relief fund, which was established to assist those affected by floods, has resulted in over $16M in unmet requests – according to a report from Radio New Zealand.
The fund, which raised close to $4 million from the government, the city council, and public donations, was inundated with applications totaling $20 million, far surpassing the available funds.
The fund was intended to provide support for essential needs such as bedding, food, home appliances, and furniture.
However, due to the high demand and limited resources, many applicants received only a fraction of what they had requested.
A council administrator in South Carolina has been terminated with cause after allegations of sexual harassment and retaliation surfaced.
Eric Greenway was placed on paid administrative leave earlier this week by Beaufort County Council when it emerged that he was the focus of a criminal investigation for alleged misconduct.
A former county employee was asked to provide testimony to investigators in which she alleged she had been sexually harassed for several months, and that she had been terminated from her position allegedly in retaliation for declining to participate in a romantic relationship with Greenway.
On Friday, the council voted 10-0 to terminate Greenway’s contract which had three years to run. The investigation into the alleged misconduct is ongoing.
More on that story from The Island Packet.
And finally, a story from Latvia and the Baltic News Network.
An internal investigation conducted by the Riga City Council has determined that the business trips taken by former Mayor Mārtiņš Staķis were in compliance with regulations.
The investigation, initiated by the city’s CEO, found that as the highest political official in the municipality, the mayor did not have a higher authority to approve his business trips.
The employees responsible for preparing and coordinating the documents for these trips acted in accordance with their duties and regulations.
It was also concluded that the mayor was not required to submit an application or a business trip report for the 16 trips he approved himself.
The trips included attending the World Ice Hockey Championships in Tampere, Finland, as part of the mayor’s role in representing the municipality at local and international levels.
That’s the latest from the Roundup for 29 July 2023.
brought to you by the Victorian Local Governance Association, with support from Snap Send Solve.
Make sure you’re following VLGA Connect in your podcast app for a special e-inside coming this week with analysis of the IBAC Operation Sandon report and it’s implications for the Victorian local government sector.
Head to our website – www.lgnewsroundup.com – for more details, and to learn how you can support the Roundup by becoming a subscriber through a small monthly contribution, which you can cancel at any time.
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.