The sector reacts to a council’s dismissal, plus are Council prayers illegal? #205

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On the Local Government News Roundup today, the sector reacts to the dismissal of Moira Shire Council; a legal threat to the practice of prayers at council meeting;  a councillor condemned for offensive social media posts;  and a new cost model applied to a financial advice scheme for South Australian councils.

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Transcript (with story links where available):

Welcome to the Local Government News Roundup.

On the podcast today: the sector reacts to the dismissal of Moira Shire Council; a legal threat to the practice of prayers at council meeting;  a councillor condemned for offensive social media posts;  and a new cost model applied to a financial advice scheme for South Australian councils.

Your latest update from  the Local Government News Roundup starts now.

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

The big talking point of the week remains the dismissal of Moira Shire Council. Here’s some of the reaction that has followed the announcement earlier this week.

Local Government Minister Melissa Horne has told the ABC that an extraordinary sequence of events had led to the decision to sack Moira Shire Council – a decision she says the government did not take lightly.

The President of Victoria’s peak body for councils, the MAV, Cr David Clark, said on ABC Radio that the government intervention was overdue.

He spoke of the importance of acting early to address issues, and that that had not occurred in the case of Moira.

The MAV has pledged to support the work of administrators to be appointed to Moira Shire Council and to work to return a democratically elected council as soon as practical.

It said the role of the administrator will be to ensure that Moira Shire is rebuilt so that it can fully serve its community’s needs.

The Australian Services Union, which represents some of the sector’s workers, has told the Age that there should be a clear-out of senior managers implicated in the inquiry.

ASU deputy branch secretary Tash Wark said she expected more members to come forward to share their experiences now that the issues at the council have been exposed.

MP for Ovens Valley  Tim McCurdy, believes the writing is on the wall for Council CEO Clare Keenan.

He told the Border Mail this week that the scathing findings on her performance will likely mean she will not remain in the job, but concedes that will be a matter for the incoming Administrator; and is not a decision within the government or commission’s power.

He has also thrown his support behind the recommendation of the commission to review the electoral structure, and predicts a return to the ward system in the future.

The Council has released its own statement following the release of the Commission of Inquiry report.

It thanks Mayor Peter Lawless for his unwavering commitment to the shire, and says its primary focus is on the wellbeing of staff.

It describes the report findings as “concerning and confronting”, with a number of measures said to be already implemented to address them.

Mayor Lawless has issued a statement saying he doesn’t agree with all of the findings of the commissioners, and that there are elements he believes are not accurate.

He says he is heartened by the support received, and feels for the community and the hardworking staff who are incredibly committed to creating a better Shire for everyone.

There is no word yet on the appointment of an interim Administrator who will be expected to take the reins at Moira for the first three months of an expected five and half years of administration for the council.

Meanwhile, IBAC Deputy Commissioner David Wolf has confirmed receipt of the matters referred from the Commission, and they are already under review: 


“So we’ll assess whether the corrupt conduct threshold is met first and then if that is met, then we’ll determine whether we investigate or refer to another body to take action as deemed necessary. And that process is underway at the moment. Our assessment time frames have been really quite sharp. So we’ll have this turned around within a matter of a week or so.”

He said the allegations relating to asbestos material are particularly concerning:

“Very alarming little piece that in the report sets out what occurred. But effectively the community had already borne an expense for that decision within council in terms of the remediation works. […]Important to understand who the decision makers were in that process. […]And again, we’ll look at that from a corruption perspective and then if it doesn’t reach that threshold, then determine about what’s the best course of action.”

David Wolf joined me for a wide ranging discussion about perceptions of corruption, and proposed reforms relating to donations and lobbying. Look for that interview on a new episode of VLGA Connect on YouTube and podcast.

Source: ABCMunicipal Association of VictoriaThe Age; Border Mail, 9-3-23; Moira Shire Council

It’s been revealed that a parliamentary advisor for Greens MPs in Victoria issued press releases for Yarra City Council, separately to the council’s own media team.

An exclusive report in The Age describes how the adviser promoted council policies and decisions for about a year after the 2020 election.

Integrity experts say the practice exposes a need for a code of conduct for parliamentary advisers, as applies to ministerial staff, who are barred from doing party-political work during work hours.

The report reveals that several press releases were issued on behalf of Yarra Greens councillors. Greens leader Samantha Ratnam told the Age that staff had acted appropriately and within their understanding of the rules.

Source: The Age

The increasingly controversial issue of Christian prayers being read at Council meetings has led to one metropolitan council pausing the practice on legal advice.

The Age reports that Boroondara Council has passed an urgent motion in a confidential session, with the effect of amending the council’s Governance Rules to remove reference to the Council prayer.

The council will conduct a community engagement process before reaching a final decision on the inclusion of a prayer at council meetings.

It’s understood the council received legal advice that the inclusion of the prayer was unlawful under the Victorian Charter of Human Rights and Responsibilities.

Lawyer Jennifer Kanis told the Age that the use of a prayer by an estimated 38 Victorian councils was potentially unlawful, pending examination of how those prayers are written into governance rules.

It’s understood the advice was obtained, pro bono, by Boroondara Councillor Victor Franco, who declared a material interest and was not present for the discussion or vote on the matter.

Source: The AgeBoroondara City Council

An announcement by the Japanese Government of a $2.35B investment in an international large-scale liquefied hydrogen supply chain to Japan has been welcomed by Latrobe City Council.

The Council says the investment is a show of confidence in a world-first pilot project which demonstrated that brown coal extracted from the Latrobe region’s coal reserves can be used in the production of clean liquid hydrogen, and support carbon capture and storage.

Mayor Kellie O’Callaghan said diversification will reignite the Latrobe region’s role in the energy sector, and position it as a key player in global emission reduction.

The Japanese Government investment will enable the pilot project to advance to a commercial demonstration project, which Cr O’Callaghan said will likely provide wider economic benefits for the region.

Source: Latrobe City Council

A planned indoor cricket centre will proceed, despite a $4M cost increase, and after a narrow vote by Hume City Council.

The Council originally committed $4M to the project in 2020, but current market conditions have led to a significant increase, and it will now need to find $8.5M to deliver the project.

The Star Weekly reports that councillors were divided in light of the increased costs, but ultimately resolved seven votes to four to proceed.

Source: Star Weekly 

East Gippsland Shire Council says it is working with Heritage Victoria on a solution to ensure the state’s second-oldest timber truss bridge is maintained.

The council is dealing with a financial shortfall, having received a $200,000 contribution from Living Victoria, but needing to find at least another $1.7M to fund the necessary works.

Mayor Mark Reeves said the bridge is a heritage asset of state significance, and the council is asking the state to contribute significantly to the restoration costs.

A decision on awarding a contract was deferred at a recent Council meeting while further discussions take place with Heritage Victoria 

Source: East Gippsland Shire Council

Briefly:

Manningham Council has commenced a review of its capacity to continue delivering in-home aged care services, in light of significant Commonwealth Government changes to the system

Mayor Deirdre Diamante has moved to reassure residents that if the council cannot continue to offer the services, the Government will ensure older clients still receive the services they need.

She said if the decision is to change in-home aged care services, it would happen towards the end of this year.

Source: Manningham City Council

Former Federal MP Christian Zahra AM has been appointed to the Whittlesea City Council Panel of Administrators.

Mr Zahra was an administrator at South Gippsland Shire until October 2021. His appointment at Whittlesea is from 2nd March through to council elections in October 2024.

Source: Victorian Government Gazette

Southern Grampians Shire Council has progressed its vision for a new CBD precinct in Hamilton, confirming the purchase of two additional buildings this week.

The acquisitions, at a cost of $1.8M, are key to the vision to develop a new Government Hub, library and digital hub, as part of a vibrant and connected civic precinct in the Hamilton CBD.

Mayor David Robertson said it also supports the redevelopment of the Hamilton Art Gallery on its existing site.

Source: Southern Grampians Shire Council

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

Councillor behaviour at Salisbury Council in South Australia continues to make news, with one councillor condemned for posting a Facebook image on the weekend containing a Nazi swastika.

The Adelaide Advertiser reports that the incident triggered a special meeting of the Council, at which a motion of condemnation against Cr Severina Burner was passed unanimously.

Mayor Gillian Aldridge said the council was united in not tolerating the behaviour.

The move follows calls earlier in the year for Cr Burner’s resignation after she compared the use of CCTV technology to “concentration camps” and said a storming of a council meeting was a justified action.

Fellow councillor Grace Bawden was also criticised at the time for the use of Nazi terminology and referring to the council and senior staff as Jewish prison guards.

The Advertiser sought comment from Cr Burner about her latest posting, and was provided with an expletive in response.

Source: Adelaide Advertiser, 9-3-23, p.9; City of Salisbury

The much criticised financial planning advice scheme imposed on South Australian councils has had a cost revision.

We’ve previously reported on the concerns of some councils about the value of the scheme, introduced as part of a mandatory four year scheme to give confidence to ratepayers on the financial sustainability of their local council.

The scheme, which has been described as a compromise alternative to rate-capping, is administered by the Essential Services Commission.

Indaily.com.au reports that Initially, councils were to be charged based on the Local Government Association fee model, which meant larger councils would bear more of the cost.

Following complaints, led by the City of Onkaparinga, the cost of the scheme will now be split between the state’s 68 councils, with each to pay an annual fee of $10,000 for each of the four years of the scheme.

LGA CEO Clinton Jury has told InDaily that regardless of the cost model, the scheme is still flawed, and there are question marks over the value that it will deliver to ratepayers.

Source: InDaily

In Queensland, a zero tolerance approach to illegal camping is being adopted by Noosa Council amid growing community concerns.

The council’s local laws manager has told Noosa Today that an education first approach, used since January, has failed to curb illegal camping activity on streets and in car parks, and said it is time for a hardline approach.

Illegal campers are accused of leaving large amounts of rubbish behind, and using parks and gardens as toilets.

Mayor Clare Stewart said the council’s compliance officers are doing all they can to curb the illegal activity.

Source: Noosa Today, 10-3-23

Plans to lease Mareeba Airport to a private entity are being opposed by local businesses and airport operators.

Mareeba Shire Council announced earlier this year that budget constraints meant it needs to look to private sector management to realise economic diversification opportunities for the airport and the town.

According to the Express Newspaper, users of the facility see the move as short-sighted, and fear it will lead to job losses.

Mayor Angela Toppin has confirmed that an EOI process is the Council’s preferred approach, but said no final decision has yet been made, with EOIs due to close on 15th March.

Source: The Express Newspaper

Tasmania’s Devonport City Council has honoured 28 new recipients of the Diamonds of Devonport honour at a special International Women’s Day event.

The newly crowned Diamonds were congratulated by Mayor Alison Jarman, who said the quality of this year’s recipients are a reflection of the depth of talent and contribution of women to the Devonport community.

The Diamonds of Devonport recognition program is in its 12th year.

Source: Devonport City Council

Briefly:

The Shire President at Broome in Western Australia is stepping down at the end of the month for family reasons.

Harold Tracey has held the role for six years, and has been a councillor for ten years. He intends to serve out the current term on Council which expires in October 2025.

A new Shire President will be elected on 30th March.

Source: Shire of Broome

Central Coast council in NSW is a finalist at the 34th National Banksia Sustainability Awards.

The council’s efforts in pursuing ECO Destination certification with Ecotourism Australia have been recognised in the Marketing and Communications for Impact category.

It’s the only local government finalist in the category, and it’s the first time Central Coast has entered the awards.

Source: Central Coast Council

And in WA, the City of Swan has launched its biggest ever free tree giveaway, with 45,000 trees and plants on offer to the city’s residents.

The city has run a rural revegetation program for 15 years, open to residents living on larger properties – but this year, Mayor David Lucas says the scheme will be open to everyone.

Residents need to apply before 31st March.

Source: City of Swan

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Now for today’s International Spotlight:

With a nearly $300M budget deficit looming for Auckland City Council, reports are emerging of job cuts and new charges in an attempt to boost revenue.

It’s unclear how many jobs are on the line at the Council, but it’s believed it needs to find $130M in savings by 1 July.

A report from Stuff says that some associated agencies have quantified job losses – the council’s urban regeneration agency has started talks with staff about an estimated reduction of 20 positions; while the economic and culture agency Tataki Auckland is set to lose more than $40M from its budget.

In the latest development, Stuff has reported on a leaked email from the council’s chief financial officer instructing staff to cease spending on consultants, travel and entertainment, and halting some projects already under way.

The council’s draft budget is out for consultation until the end of this month.

Source: Stuff

A city manager in Colorado has been served with legal papers in the middle of a Council meeting.

Loveland City Manager Steve Adams is being sued over an incident in March last year, when it’s alleged he “shoulder-checked” a journalist on the way out of a courtroom hearing.

The Loveland Reporter Herald reports that he was charged on a count of misdemeanor harrassment in June, and agreed to go through the court’s adult diversion program rather than go to trial.

The journalist is seeking monetary relief of $350,000 for civil claims of harassment and intentional infliction of severe emotional distress.

It’s reported that Mr Adams retains the support of the Council and was recently granted a 6 per cent raise in pay at his annual performance review.

Source: Loveland Reporter Herald

Now here’s a shocking issue we don’t normally have to deal with in Australia – pet dogs being zapped with electricity from walking on footpaths.

It has happened to at least two dogs in Vancouver recently, due to a combination of snow, salt and faulty wiring.

City crews have been called out to repair such faults, one of which they say was due to a burnt-out wire energising the metal lid on an underground junction box.

A report from CBC says that while people are protected by shoes with rubber soles, sadly pets are not.

The two shocked dogs are said to be doing fine, after some costly vet visits.

Experts say the issue is common in cities with older wiring, like Vancouver, Seattle and New York.

Source: CBC Canada

The dispute between television celebrity Jeremy Clarkson and Oxfordshire District Council continues, with the council this week accusing Clarkson’s Amazon Prime show of misleading its viewers.

The council says the program did not accurately represent planning proceedings, leaving out relevant legal planning advice and discussion.

The program shows Clarkson storming out of a planning application meeting after plans for a restaurant at his Diddly Squat farm were refused.

According to the Daily Mail, the council says Clarkson failed to engage with planners.

One local councillor claims to have received abuse from all over the world as a result of the program, and attempts to explain the decision have fallen on deaf ears.

It’s apparently good for ratings though – the episode of Clarksons Farm in which the planning dispute is featured is said to have broken Amazon viewing records. 

Whoever said Council planning processes weren’t a crowd pleaser!?

Source: Daily Mail

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That’s the latest from the Roundup for the 10th March 2023.

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