New Episode: “‘Totalitarian planning’ and a relentlessly prosecuted vendetta”, #285

New episode News

On the latest episode of the Roundup,
A new councillor for Maroondah and a resignation at Frankston;
The final mayoral election for the year has been conducted;
New anti-corruption measures to be trialled at a Melbourne council;
A bombshell announcement in South Australia with two councillors declared invalidly elected;
A NSW council’s shock decision to sack its general manager;
A Queensland mayor physically accosted after an official function;
and a NZ council calls in the police after receiving a threatening email.

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.

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Stories in this episode (with links where available):

Victorian Roundup:

Steven Hughes has resigned from Frankston City Council.

Mr Hughes was elected in 2020 and was suspended on three occasions over his use of social media, including a three-month suspension from September after being found by a councillor conduct panel to have committed serious misconduct.

In a statement, the council acknowledged his time on the council and wished him well for his future endeavours.

Details of a countback to fill the vacancy are pending.

Maroondah has a new councillor after a recent by-election to fill the vacancy created by the resignation of Marijke Graham in September.

The VEC declared the result yesterday, announcing the election of Chris Jones – one of four candidates who contested the vote for Barngeong Ward representative.

Councillor-elect Jones is a technology professional who has lived in Maroondah for 16 years.

The final mayoral election has been conducted for the year and saw Ron Mildren re-elected as mayor of Wodonga.

Danny Chamberlain has been elected deputy mayor. Both positions were contested and were determined by a 4-3 vote, according to a report from the Border Mail (12 December 2023)

Kingston City Council will trial a ban on en-bloc voting, as part of a suite of anti-corruption measures informed by IBAC’s Operation Sandon report.

Bayside News reported that councillors agreed to a trial, commencing in January, which will also see individual votes recorded in minutes; briefing and pre-meeting protocols, and practice notes on meeting procedure.

Officers recommended the changes as a way of enhancing the accountability and transparency of council decision-making.

Meanwhile, the demolition of the site for the city’s new aquatic and leisure centre has been completed, and the council says 99.5% of the materials will be recycled.

Mayor Jenna Davey-Burns said that the result is part of the city’s plan to become the most liveable and sustainable in Victoria.

A new financial sustainability strategy developed by Yarra City Council is considered the first of its kind for a Victorian Council.

The strategy takes predictions from the long-term financial plan and identifies strategic ways to address them and ensure that future investment decisions are based on need, underpinned by evidence.

The strategy has come through a four-week community engagement process and was due to be considered for adoption at the council’s meeting last night.

Nearly $20,000 in fines have been issued as part of a crackdown by Wyndham City Council on tyre dumping.

A camera captured a Hoppers Crossing business ditching 80 tyres by the side of a local road.

This led to a fine of nearly $10K issued by the council under the Environment Protection Act, and an EPA fine of almost the same amount for failing to use the authority’s live-tracking app Waste Tracker.

major recycling and clean energy hub has been launched this week in Geelong.

The REACH facility at Deakin University is expected to generate over $1.4B in revenue and 2,500 jobs in the next decade.

The $380M facility is building the single largest clean energy ecosystem in Australia and will target 80 per cent of its projects in regional locations including Geelong, Ballarat, Bendigo and Warrnambool.

It is expected to boost local capacity recycling projects, with a focus on converting organic waste from agriculture and fishery sectors by dramatically shortening the time it takes to produce new uses like cow feed, fertiliser and textiles.

A Greater Geelong project has been recognised with an international award.

The Dell Eco Reef project at Clifton Springs uses innovative modular units made of eco-friendly concrete to reduce coastal erosion and create habitat for marine life.

It has also become a tourist destination for recreational snorkelers and swimmers.

The project was announced as the winner of the Dezeen Award for Sustainable Design Building Project of the Year at a ceremony in London last week.

Surf Coast Shire has opened applications for a Tiny House on Wheels Pilot as part of its efforts to find solutions to the affordable housing and key worker accommodation crisis.

Mayor Liz Pattison said the three-year pilot will enable the council to assess the impacts of tiny houses on wheels and monitor and evaluate the contribution they could make as a safe and legal way to provide housing options.

Tiny houses on wheels are required to be on a wheeled trailer base and placed on privately owned land, subject to an agreement between the applicant and the land owner.

Victorian Briefs:

Manningham Council was due to consider a pilot of a 24-hour cat confinement order at its meeting last night.

The order will come into effect from 1 April with an amnesty period until December, and an evaluation in December 2025.

The pilot is one of several new initiatives endorsed in the council’s new Domestic Animal Management Plan.

Moorabool Shire is looking at providing a free snake removal service, after passing a motion brought forward by councillor Rod Ward recently.

Bay 93.9 reported that the council’s CEO has been directed to investigate costs and options for a trial next year.

It would join neighbouring Wyndham in providing a free service, unlike Greater Geelong where residents must pay a local snake catcher.

Warrnambool is officially a Refugee Welcome Zone as of this week, formalising an existing and long-running commitment to building a multicultural and inclusive society.

The city is also a member of the Welcoming Cities Network and previously spearheaded a regional effort to secure the nation’s second Designated Area Migration Agreement.

Cardinia Shire’s first rescission motion in some years has failed to overturn a decision to refuse a Sikh temple in Pakenham.

The granting of a permit had been blocked after it was argued the development would have adverse impacts on native species and was inconsistent with established policy, according to a report from the Pakenham Berwick Gazette (13 December 2023)

National Roundup:

SA:

South Australia’s Electoral Commission has dropped a bombshell on Adelaide Plains council, advising that two of its councillors were incorrectly declared as elected members at the 2022 general election.

Human and computer error is being blamed for changing the outcome of the election, affecting councillors Terry-Anne Keen and Eddie Stubing, and candidates Brian Parker and Mel Lawrence.

The commission said it was working with all parties to resolve the matter. It is expected to file a petition with the Court of Disputed Returns, and the two councillors will continue to sit until the court makes an order otherwise.

The Council said it is satisfied that the lawfulness of its decisions will not be impacted in these circumstances.

The CEO of the Local Government Association of South Australia, Clinton Jury, said it was very disappointing to learn of the error, and it was regrettable that there had been failings in the conduct of the election.

He said assurances are being sought about what is being done to ensure this doesn’t recur in the future.

According to the commission, the error arose from the use of software used for 25 of the more complex elections, and that a review of the other 24 identified no issues with the outcome when votes were recounted.

A councillor at Robe has been found by the Ombudsman to have had a conflict of interest when initiating a review of the employment of the Council’s former chief executive.

According to a report from ABC News, Nick Brown applied for the chief executive position in 2019, but lost out to James Holyman.

Mr Brown was then appointed deputy chief executive, a position that was later made redundant.

In 2022, he was elected to the council and brought forward a motion calling for legal advice on a contract extension that had been granted to the chief executive.

That led to an investigation of matters identified in the legal advice, and ultimately Mr Holyman resigned.

The South Australian Ombudsman Wayne Lines has now ruled that Cr Brown should have declared a perceived conflict of interest and that he should make an apology in the council chamber.

However, Mr Lines did not find that Mr Brown’s actions constituted misconduct in public office.

NSW:

Kyogle Council has sacked its general manager, a decision that has divided its councillors.

The Daily Telegraph reported that the decision to terminate Graham Kennett’s employment came “seemingly out of the blue” in a closed session on Monday.

The mayor and four councillors reportedly voted for the termination, while another councillor took to social media to describe the matter as a relentlessly prosecuted vendetta.

Cr Danielle Mulholland said she was appalled by the decision and held concerns about the effect on council staff.

Mayor Kylie Thomas defended the decision made by a majority of councillors and said the council followed proper process.

She said the council needed a change of leadership.

Brett Kelly has been appointed to immediately replace Mr Kennett as the council’s general manager.

The mayor of North Sydney, Zoe Baker, has accused the NSW Premier of a totalitarian approach to new planning laws, as the government moves to override heritage protections to allow greater housing density.

The Guardian reported that Premier Chris Minns said councils were using heritage provisions as a tactic to push back on greater development, labeling some examples as clearly ridiculous.

Mayor Baker said the government’s approach failed to take into consideration what councils are already doing to accommodate higher density.

She told the Guardian that it was planning in the way totalitarian regimes do it, and said her council was already one of the most dense, meeting and exceeding housing density targets.

Inner West mayor Darcy Byrne is convening a summit of mayors from communities where the state government’s new high-density zones are located.

Mayor Byrne said local governments have so far not been included in discussions about finding solutions to the housing crisis.

He points to the disastrous opening of the Rozelle interchange as an example of what happens when major change is imposed on communities without consulting the organisations that know those communities best.

The mayoral summit will be held on Thursday and the Minister for Planning Paul Scully has been invited to attend.

Shoalhaven City Council has been named the Local Sustainability Award winner at the LGNSW Excellence in the Environment Awards for 2023.

Waverly Council staff member Anthony Weinberg was recognised with the Louise Petchell Memorial Award for Individual Sustainability.

There were 43 finalists up for 13 categories at this year’s awards, which were handed out at Sydney’s Royal Botanic Gardens last week.

Clarence Valley Council has welcomed the new rate peg methodology for NSW councils and will prepare its next budget on a rate peg of 4.7%.

GM Laura Black said the new methodology better reflects the increased cost to the council to provide services and facilities.

She said the option of not providing services or reducing service levels below community expectations is not viable.

QLD:

The mayor of Redland Council Karen Williams has announced she will not be contesting the next election in March.

The 20 year council veteran has been mayor since 2012, and was last year embroiled in controversy when she was involved in a car accident and pleaded guilty to drink driving.

At the time, Mayor Williams resisted calls for her resignation.

The council released a statement today announcing her intention not to contest the election. She will continue to serve as mayor until the new council is sworn in.

The Mayor of Scenic Rim Regional Council Greg Christensen was physically accosted after an official function last week at Tamborine Mountain.

The council has issued a statement of zero tolerance for abuse following the incident.

Deputy Mayor Jeff McConnell said he and his fellow councillors stood in solidarity with the Mayor, and said they take a dim view of any form of bullying and harassment, whether aimed at elected members or council officers.

The council’s CEO David Keenan will return to work next week after six hours of discussions amongst councillors and a resolution to review the performance management process.

Mr Keenan and three other council executives have been on leave for unexplained reasons, according to the Beaudesert Times.

The mayor Greg Christensen and one other councillor voted against the CEO’s return to work.

Cairns Regional Council is reportedly faced with a tough decision on its water security project after final tenders came in significantly over the original estimate.

The federal and state government has committed $215M to the project, but the Cairns Post has reported this week that the actual cost is likely to be more than twice that amount.

Councillors are yet to be briefed on the final costings, and a report is due to come before the next council meeting.

CEO Micah Martin said councillors would have the opportunity to debate and vote on a recommendation for the first stage of the project at that meeting.

The water security project would deliver a new water intake at the Mulgrave River in Gordonvale.

This week’s council meeting has been postponed due to the unpredictability of Tropical Cyclone Jasper and will be held at a new time yet to be advised.

The agenda for the meeting includes the appointment of a new Division 4 Councillor.

National Briefs:

new GM has been appointed at Nambucca Valley Council.

Bede Spannagle, the council’s engineering services manager since March this year, has been named as the successor to Chris Thompson who departed in September.

He was previously the engineering director at Riverina Water.

A controversial shared pathway has been approved by Tasmania’s Latrobe Council after attempts from members of the gallery to ask questions on the matter were blocked.

The pathway at Hawley Beach is contentious as some believe it will encroach on the foreshore, resulting in erosion and threatening native species.

The meeting was told that questions were not allowed from the public on planning matters that are before the council, according to a report from the Burnie Advocate (13 December 2023).

New licence plate recognition technology is on the way in Rockhampton after a trial confirmed it could help detect parking breaches in a way that increases safety for parking officers.

The council is reviewing its policy and fines as part of a local law review which will come to a briefing session for further discussion, according to a report from CQ Today (13 December 2023).

Australia’s first purpose-built dementia park has been opened by the Prime Minister at Ashfield, in Inner West Council.

Mayor Darcy Byrne said the park is a breakthrough in the design and delivery of a park to meet the needs of the whole of the community, especially residents living with dementia and their loved ones.

The state government contributed $1.3M to the upgrade through its Public Spaces Legacy Program.

International Spotlight:

NZ:

Auckland Mayor is not happy after learning that the council spent $7.4 million on recruitment despite a hiring freeze.

NewsTalkZB reported that a significant portion of the recruitment spend was used to reassign existing employees to new roles within the organization, as well as on costs to replace outgoing CEO Jim Stabback.

The external recruitment spend for the 12-month period was $1.7M.

Mayor Brown said the expenditure was unacceptable, and is determined that there will be a radical reduction in spending in upcoming budgets.

His cost-cutting measures for the 10-year budget include more rate rises and dramatic reductions in back-office services.

Invercargill City Council has called in the police after it received a threatening email on the weekend.

The Southland Times reported that the email was similar to emails that had been received by other organisations around New Zealand and that it has prompted a risk assessment and review of all council facilities and sites.

The council said while it has not been identified as a credible threat, it was working with police to take any steps that can improve safety for staff and community.

HONG KONG:

Hong Kong’s first district council poll after an electoral overhaul ordered by Beijing closed on Sunday with a low turnout, despite efforts to boost voter participation.

The polling stations faced a computer system failure two hours before the scheduled end of the election, leading to a 90-minute extension of voting hours.

A task force has been formed to investigate the cause.

The overall turnout was 24.53 per cent at the last recorded time, marking a historically low participation rate since Hong Kong’s return to Chinese rule in 1997.

The highest turnout for a previous municipal-body election was 71.23 per cent

The South China Morning Post has reported on the reaction from residents, candidates, and political party leaders, who have demanded clear explanations from the government regarding the technical issue and its impact on the voting process.

It was the first election since the district councils were revamped to align with Beijing’s ‘patriots-only’ policy, with a significant reduction in directly elected seats.

UK:

An English council is overhauling its process for dealing with complaints about councillor behaviour in an effort to resolve issues more quickly.

Complaints about councillors’ behavior in East Devon will now be dealt with in a significantly shorter time of four weeks, down from 10 weeks, according to a report from the Midweek Herald.

Efforts will be made to resolve grievances initially through training or mediation, with investigations being the exception unless the case is serious.

Complaints with merit will now be considered at the next stage by a monitoring officer in liaison with an independent person, instead of a committee of councillors.

Previously, complaints could go through both internal and external investigations, but the process will now include just one investigation stage.

A total of 43 complaints were made against district and town/parish councillors from July last year to November this year, with eight of those leading to resignations.

Two complaints preceded a councillor not standing for re-election and another resigning for other reasons.

Breaches of the code of conduct included instances of bullying, harassment, discrimination, disclosure of confidential information, and failure to disclose financial interests.

Birmingham City Council has released an update on its financial position, revealing that commissioners have given it until 7th January to come up with a robust plan to address a £300 million budget gap over the next two years.

Government-appointed commissioners have emphasised the severity of the council’s financial position and the need for significant organisational focus and efficiency.

The report notes progress in identifying savings but says a huge amount of work to be done to identify robust savings and a credible savings delivery process.

Every budget-holding officer has been warned that delegate authority to spend may be withdrawn if there is any overspending without viable compensatory savings.

Birmingham made the shock announcement of effective bankruptcy in September this year.

And in a new development, it’s been revealed the council will ask the government for permission to raise council tax above the maximum allowed without a referendum.

The BBC has reported that a referendum would usually be required to lift the tax rate above the 4.99% that is legally allowed.

Plymouth Council has approved borrowing £10m and an application for a Homes England grant of up to £5m to address a housing crisis described as “desperate”.

The need for temporary accommodation is increasing, affecting working families and leading to a 158% increase in demand for temporary and short-term accommodation since 2019/2020.

The private rental market across the southwest of England has shrunk dramatically over the last three years due to rising house prices, rising interest rates, and landlords moving into the holiday rental market.

You can read more on the crisis and the actions being taken by some local authorities in a report from the BBC.