Serious misconduct suspension, and a no-confidence motion looms (#345)

New episode News

In this edition of the Local Government News Roundup for Wednesday 5th June 2024:

  • A Gippsland councillor suspended after a finding of serious misconduct
  • Strathbogie Shire mourns the tragic loss of a committee member and former councillor
  • A coffee van decision prompts calls for Queenscliffe council to be replaced
  • A no-confidence motion looms for Townsville’s mayor in the face of more calls to resign
  • A move to rescind the termination of Liverpool council’s CEO
  • The UK council adding a sexual favours rule to its code of conduct
  • And a NZ city urged to support a bid for team in the NRL

Plus more Council news from across Australia and beyond on the Local Government News Roundup, brought to you by the Victorian Local Governance Association,

with support from Davidson, the nationally recognised executive recruitment service and business advisory practice, presenting LG Innovate: Artificial Intelligence Summit for the local government C-Suite at Peregian Beach in September – early bird bookings open now.

Listen to this episode here, and find the link for your podcast player here.

Subscribe here for back catalogue, breaking news updates and priority access to special bonus episodes

Transcript for episode 345:

Victorian Roundup:

A Councillor Conduct Panel has found Latrobe City councillor Melissa Ferguson engaged in serious misconduct, and imposed a one-month suspension from her duties.

The application, brought by fellow councillor Tracie Lund, alleged that Cr Ferguson had failed to comply with the direction of an arbiter after an earlier finding of misconduct in relation to social media posts about the LGBTIQA+ community.

The arbiter required that Cr Ferguson make an apology to the Council, also to be published on her Twitter account.

However, the panel found that Cr Ferguson’s statement to the council and on Twitter was no more than a quotation from the arbiter’s decision and was not an apology.

The panel said that Cr Ferguson’s failure to comply with the arbiter’s decision was deliberate and/or wilful.

It also found that statements made by Cr Ferguson about compliance with a direction to undergo training and counselling were false and/or misleading.

In summary, the panel has reprimanded Cr Ferguson, imposed a one month suspension and directed her to undergo attend and complete the required training by 13th September.

It did not direct her to apologise, but suggested that the period of suspension be used to reflect on her conduct.

The council has issued a statement noting that the correct process has been followed in the matter, and emphasising the importance of councillors upholding the standard of behaviour defined in the code of conduct.

A former Strathbogie Shire councillor has died while hiking in the Northern Territory.

Alistair Thomson, 64, went missing while hiking the Larapinta Trail, west of Alice Springs, last month.

ABC News reported that emergency services have found Mr Thomson’s body, and no suspected cause of death has been revealed.

Mr Thomson was a councillor at Strathbogie from 2016 to 2020, and has served on the council’s Audit and Risk Committee since 2020.

Administrator Peter Stephenson expressed deep sadness at the loss of Mr Thomson, and extended heartfelt condolences to his family and friends.

Mr Stephenson said Alistair’s contributions, expertise, kindness and unwavering commitment to good governance had left a lasting legacy for Strathbogie.

The Borough of Queenscliffe’s decision to ban a coffee van at football games has sparked debate about its ability to operate independently.

And according to the Geelong Advertiser, former Victorian premier Jeff Kennett has weighed in on the issue.

The council’s refusal to permit Noelle’s Coffee food-truck at Queenscliff Football Netball Club home games has led to calls for the municipality to be merged with the City of Greater Geelong or for a new Bellarine Peninsula council to be formed.

Mr Kennett, who reduced the number of councils in Victoria in 1994, said the decision to leave Queenscliffe untouched was due to a unique local interest, and that broader context was needed to assess its suitability to run its own affairs.

He said its independence should not be judged on whether it gave permission for a coffee van at a sports oval.

Wyndham council is seeking an urgent meeting with the Department of Transport and Planning to address traffic issues in the Creekstone estate in Tarneit.

The Star Weekly reported that the council has also committed to seeking the intervention of Roads Minister Melissa Horne and Truganina MP Sarah Connolly.

The council recently blocked Creekstone developer, Macson Developments, from releasing more land until it delivered a promised intersection and bridge.

The Department of Transport and Planning has refused to provide temporary traffic lights, but the council reaffirmed its commitment to resolving the traffic problems.

A new 12-storey commercial and residential development has been approved at Camberwell Junction in Melbourne, ending years of disputes between developers, residents, and Boroondara council.

The Age reports that the approval of the building at 699 Burke Road could lead to more high-rise buildings in the area.

The proposal has been to VCAT several times over concerns about height and lack of parking.

The developers have agreed to remove a 13th storey and increase the number of car parks.

The development will include office floor areas, apartments, and a communal rooftop terrace.

Mornington Peninsula Shire is evaluating potential sites for a main Council office, aiming to consolidate three existing buildings into a central workplace and service hub.

Seven Council-owned sites across Mornington, Rosebud, and Hastings are under review, with considerations including customer service, accessibility, and financial sustainability.

The council is seeking community feedback on the options, and says customer service points will continue to operate at all current locations regardless of the outcome.

Victorian Briefs:

Wyndham City’s public art project, Mooroop Yarkeen, has won a Maggolee Award from Reconciliation Victoria.

The 41-metre-tall mural on the façade of Holiday Inn Werribee was recognised for its collaboration with First Peoples to advance reconciliation.

Surf Coast Shire Council will commence a stormwater diversion project aimed at ultimately reducing stormwater flows from north Torquay to the environmentally significant Karaaf Wetlands.

The first stage will divert around 300 megalitres of current flows, with potential for further diversion of up to 600 megalitres through Barwon Water’s potential alternative water grid project.

LGPro has opened nominations for the 2024 Sally Isaac Memorial Scholarship Fund award – a $10,000 scholarship fostering the professional development of emerging female leaders committed to the improvement of their communities.

The award is open to women under 35 years of age. The winner will be announced in October.

National Roundup:

ALGA President Cr Linda Scott will give a National Press Club address next month during the association’s National General Assembly in Canberra.

Cr Scott said her address would highlight the importance of future-proofing local government in Australia, on the occasion of the 30th year of sector representatives gathering in the national capital.

Meanwhile, ALGA has lodged a comprehensive submission to the Parliamentary inquiry into local government sustainability, making five key recommendations headed by untied federal funding of at least one per cent of Commonwealth taxation revenue.

QLD:

As a no-confidence motion looms at today’s meeting of Townsville City Council, its Mayor Troy Thompson has called for the dissolution of the council if political interference is found, according to a report from the Townsville Bulletin.

Mr Thompson is under investigation by the Office of the Independent Assessor and the Crime and Corruption Commission, following revelations of discrepancies in his military records and false claims about his academic qualifications.

The Bulletin has also reported concerns this week from business insiders about who would become the new mayor if Mr Thompson is stood down or dismissed.

The Bulletin’s online polling shows 91 per cent of respondents believe he should resign over the misleading of voters during the election campaign.

RSL Queensland State Secretary Iain Carty told ABC News that Mr Thompson should do the right thing by veterans, after the Townsville RSL sub-branch said the misleading claims were unacceptable and undermined genuine veterans and their sacrifice.

Mayor Thompson has used social media to criticise the media and his fellow councillors, and called for an investigation of correspondence for conflicts of interest and political interference.

Despite having previously apologised for misleading voters, he says in his latest statements that he did not lie during the campaign and that he isn’t worried about the investigations.

Noosa Shire Council is escalating its crackdown on illegal camping by towing away vehicles parked overnight at a popular beach lookout near Noosa National Park.

ABC News reported that the council has converted nine premium beach-front car parking spots to tow-away zones between 10pm and 4am.

The 12-month trial could be extended to other parts of Noosa with further plans to use technology to catch “regular offenders”.

The measures have received mixed reactions from tourists and locals, some of whom say the measures are too harsh.

Departing Sunshine Coast CEO Emma Thomas has lined up not one, but two new jobs.

After last week’s announcement that she will be the interim CEO of the Games Venue and Legacy Delivery Authority, it has now been revealed Ms Thomas will be the new CEO of SEQWater.

She will take up the position after a permanent CEO has been appointed at the Games Venue authority.

NSW:

A group of Liverpool city councillors have criticised a council decision to terminate CEO John Ajaka’s employment, claiming a lack of procedural fairness and due process.

They say the termination John Ajaka was voted on without the council having the full report on allegations of misconduct against him, and Mayor Ned Mannoun, who is the claimant in the investigation, exercised the deciding vote, creating a conflict of interest.

The councillor group say the termination could potentially expose the council to breach of contract proceedings, and they have lodged a rescission motion.

Public hearings have commenced in the ICAC investigation of a former Sydney council employee and a contractor, accused of allegedly directing construction works to a subcontractor for personal financial gain.

AAP reported this week that financial records indicate that the subcontractor received $7.9 million but only paid workers $2.7 million.

The commission is also investigating claims that they favoured another company when awarding council contracts despite that company failing a financial assessment.

A NSW parliamentary inquiry into local government infrastructure spending has heard from a number of Sydney councils this week, asking for more power to increase rates above the rate peg.

The Sydney Morning Herald has reported on the inquiry and sector cost pressures.

Northern Beaches Council said current funding arrangements have left it $18M worse off over three years.

Blacktown CEO Kerry Robinson told the inquiry that levies on developers were insufficient to cover the costs of libraries, aquatic centres and community meeting places.

He said the council had backed away in 2022 from a 20 per cent rate increase over two years because of political pressure.

Camden Council’s CEO and CFO also presented to the inquiry about the rapid growth in its area and the need for infrastructure in growth centres like Leppington, and state government assistance with land acquisitions.

Local government minister Ron Hoenig said the inquiry is warranted during a cost of living crisis that is challenging local governments and ratepayers.

A NSW country pub is facing legal action from the Glen Innes Severn Council for allowing travellers to park overnight on their property.

The owner of the Deepwater Hotel in the northern NSW hinterland insists he is not running a caravan park as they offer no power or water, just overnight parking.

But the council says he needs to submit a development application to become a caravan park, and a spokesperson said it was obligated to take action against the hotel.

The Herald Sun has more details on that story.

Byron Shire Council is set to vote on a controversial name change proposal.

News dot com dot au reports on the proposal to change the name of Hottentot Crescent in Mullumbimby due to racial connotations.

The name “Hottentot” is reportedly a racial slur in South Africa.

The move comes after a petition was organised by a local resident, but it has divided residents, with some arguing that the name refers to a tree species.

The council resolved last November to proceed with a renaming process and is now being asked to approve Moonlight Close as the new name for the street.

WA:

Halls Creek Shire council in WA has referred the findings of an independent investigation into the conduct of a former CEO to the Corruption and Crime Commission.

ABC News reported that the investigation looked into allegations of conflicts of interest and misuse of fund by former CEO Phillip Cassell, who has denied the allegations.

Some members of the community are calling for transparency and the public release of the report, but the council says that won’t happen.

The department of Local Government has said it is considering the findings of the report.

The Shire of Coolgardie in Western Australia is opposing plans to demolish a storm-damaged public housing property that has been vacant for nearly six years, amidst a housing crisis.

ABC News has reported that the Department of Communities plans to sell the land after demolition, claiming renovation costs would exceed $350,000.

Local residents and officials argue that the property should be renovated or sold, as potential buyers have expressed interest.

The housing shortage in the region has reached crisis levels, with over 300 people expected to wait more than a decade for public housing.

National Briefs:

Rodger Pryce has resigned as a councillor of City of Coffs Harbour, effective immediately from June 2.

The question of a by-election to fill his position will be addressed at the next council meeting on June 13.

The Planning and Environment Court has upheld Noosa Council’s 2021 decision to refuse a 246-unit retirement village on land next to the Cooroy golf course.

The council had concerns that the development would have negatively impacted the site’s environmental values and the visual amenity of the entrance to Cooroy.

SA’s District Council of Mount Remarkable has officially opened a 28km section of the Remarkable Rail Trail, extending the trail to 66km from Wilmington to Stone Hut and beyond.

The $1.1M project was funded by all three levels of government and enabled the creation of an international destination for mountain biking, hiking and touring.

Lithgow City Council and Western Sydney University have conducted a study tour of the Latrobe Valley to learn about economic transition following the closure of the Hazelwood Power Station.

Key insights included the importance of face-to-face industry trades training, employment programs that recognize existing mining workforce skills, and collaboration between governments, private sector, and community for successful transition.

The insights will inform the implementation of the Lithgow Emerging Economies Plan (LEEP).

Excitement is building ahead of a free online global summit from author and speaker Diane Kalen-Sukra.

Diane is bringing together a group of visionary civic leaders from across the globe to share their strategies on tackling toxicity, bridging divides and renewing civic culture.

This unique, live event will take place on the morning of Friday October 11 in Australia, which as afternoon or evening on the 10th October across North America and the UK.

The program is live and free registrations are now open.

And it’s great to have the Victorian Local Governance Association on board as a supporter of this special event.

Tackling Toxicity, Cultivating Civility – make sure grab your spot soon as space is limited. Head to kalenacademy.com/summit to register and find out more.

Global Roundup:

UK:

A Welsh council is considering adding a “sexual favours” rule to its code of conduct following the suspension of the former deputy leader of Flintshire Council, Bernie Attridge, for sending sexualised messages to a vulnerable woman.

The Adjudication Panel for Wales found Mr Attridge breached the local authority’s code of conduct on seven occasions, according to a report from National Cymru.

The council’s standards committee is set to discuss the findings and consider if further measures are needed to safeguard procedures and protect officers.

It’s been revealed that Surrey County Council paid over £500,000 in fines last year for repeatedly failing children and young people, more than double the previous year’s amount.

The council paid the money to families who raised complaints through the children and social care watchdog.

BBC News reported that the increase is partly due to new guidance from the Ombudsman encouraging early financial remedies for delays to education, health, and care plans.

The council has reduced the number of delayed plan requests and is working to eliminate the backlog.

Three resignations from Liverpool City Council have triggered by-elections, which will be held on the same day as the general election next month.

Three sitting Labour councillors announced they were stepping down last week for various reasons, including work commitments, a move away from the area, and a bereavement.

SYRIA:

Dozens of people in Ekhtareen town, northern Aleppo, have staged a protest against the appointment of a council president without fair elections.

The protestors are demanding a council elected by the people and they hold the interim government responsible for obstructing the town’s institutions.

The Syrian Observatory for Human Rights reports that public discontent against the Interim Government and the Local Council has increased in recent weeks after increase in the price of bread.

UKRAINE:

Kyiv City Council has denied permission for this year’s Kyiv Pride march to be held in the city’s metro system due to security reasons.

The council cited the metro’s dual use as an air raid shelter and its high-risk nature due to limited space and high passenger traffic.

The Kyiv Independent reported that the city has not hosted a pride event since the launch of Russia’s invasion of Ukraine in February 2022.

The news comes as Russia’s Supreme Court declared the international LGBT social movement an extremist organisation, banning all its activities.

USA:

In Flint, Michigan, the city council has failed to pass a budget for the upcoming year by the city charter deadline, leading to criticism from Mayor Sheldon Neeley.

The council meeting was marked by absences and disagreements, with some members arguing the proposed $60.9 million budget’s numbers did not add up.

Mayor Neeley insists the budget is balanced and warns that the delay could impact the city’s revenue and necessitate cuts in city services and layoffs if a new budget is not agreed upon by July 1.

NZ:

Debbie Lascelles has been formally welcomed as the new chief executive of Gore District Council.

She replaces long term CEO Stephen Parry, and becomes just the third CEO of the council in the past 35 years.

Ms Lascelles previously held senior roles at South Waikato, Hamilton City and Waipa District Councils.

Christchurch City Council is being urged to support a bid to establish a Christchurch-based rugby league club in Australia’s National Rugby League (NRL) competition.

The proponents estimate that a professional team could bring about $50 million per season to the city.

The team would play its home games at a new stadium, set to be completed by April 2026.

Radio New Zealand reported that the bid is led by former Canterbury Rugby League chairman Tony Kidd, and includes former Kiwis and Warriors coach Frank Endacott and former Christchurch East Labour MP Poto Williams.