Below are some extracts taken from a presentation by the NSW Ombudsman, Bruce Barbour on 9th September, 2010
“….if standards of ethical conduct are so clear and well established – why do we need to continually raise and discuss them? Surely once they are set down that is enough? Well no, it is not enough. If they are not modelled by those in authority, not regularly discussed, if they are not re-enforced, if they are not made part of the day to day operational landscape, they can and will slip from the public sector consciousness.
When we are focussed only on the outcome, there is often less concern about the process. People find short cuts, and the ends are too often considered to justify the means.
This of course is not the only reason for ethical breaches. There are those in public service who, when given the opportunity, will choose to act unethically. Unfortunately, human nature means we will never be completely rid of all unethical conduct.
Firstly, there needs to be genuine and strong leadership. A clear and consistent message from the top. Prime Ministers, Premiers, Ministers, Chief Executive Officers, Directors General and senior managers need to commit to core principles. This involves not only saying the right thing – which is easy to do – but also doing the right thing, and leading by example.
This commitment is key, yet as several of the examples I gave earlier show it is not always present, indeed the initial source of resistance when my office has dealt with agencies has sometimes been at the Chief Executive or senior manager level. Once staff see this response, this example being set, it sets the tone for all our dealings with that organisation.”
We’ve published these selected highlights for several reasons:
- Their relevance to the question of ‘legality’ versus ‘ethics’ at Glen Eira
- The simple fact that Glen Eira has only a ‘Councillor Code of Conduct’ as opposed to a ‘Code of Governance’ as other councils have implemented
- Other Councils have their Officer Code of Conduct, or their Business Code of Conduct freely available. Glen Eira’s requisite document is kept secret and locked away. This only makes us wonder what it contains that it should be regarded as ‘off limits’ to resident ratepayers. It also raises questions as to how different this document might be to the Councillor Code of Conduct?
- After three Municipal Investigations we believe that ‘ethics’ and ethical conduct by councillors and administrators is far more important to ratepayers than mumbo jumbo legalese and whether or not there has been a ‘technical breach’ of the Local Government Act.
PS: As an afterthought, we’ve uploaded the Bayside Staff Conduct Guidelines (here). Please note the consistent use of the following terms in their policy – ‘community’; ‘trust’; ‘admitting mistakes’; ‘values’ and plenty more. Whilst these may also been seen as ‘motherhood statements’, they clearly indicate a philosophy which is geared to service to the community and collaboration with the community. We would be most surprised (but would welcome it) if this kind of emphasis exists in any Glen Eira policy. But of course, since this is not out in the public domain, we can only speculate and guess!!!!!
Glen Eira Debates 
March 6, 2011 at 2:28 PM
Watch what people do not what they say. It’s the only way to assess a person and quite illuminating.
March 7, 2011 at 11:21 PM
Feel good statements are wonderful in meeting legal requirements. They look fabulous on paper; they even win awards for presentation, and they make council look so progressive, so community minded, so well managed, so disgustingly hypocritical. The name of the game is how to always look good. No mistakes are ever made, even though people are standing knee deep in water and dreams have been literally washed away – it’s never council’s mistake in not expending more on maintaining draims and removing silt. It’s also never council’s responsibility that children can’t get a place in kindergartens unless three year olds are placed on the sacrificial altar to ensure that the headlines may scream that all 4 year olds have places. And it’s never council’s fault that planning is such a bonus for developers – it’s either always someone else’s responsibility, someone else’s fault, someone else’s concern. Never but never has anything ever got to do with Glen Eira’s appalling record on consultation and strategic planning. And it’s never the fault of the councillors or the administrators; their hands are always tied. Newton simply has to say that he does what councillors vote on and councillors always claim that they are the victims of the state government, or VCAT. Buck passing has reached the sublime heights of the ridiculous. What’s even more ridiculous is that this sham continues year after year after year. When will someone actually call a spade a spade and realise that ratepayers aren’t that stupid. We do see through such incompetence and hypocrisy and that all chickens will come home to roost when the Ombudsman finally investigates the governance and failure of ethical conduct in this whole council. Words will not save the bastards then!
March 6, 2011 at 6:33 PM
Rather than beat around the bush have you the guts to be more specific.We live in one of the Premier Municipalities in Victoria and I can prove it by any measure.We can always improve and that should be your aim rather than the continual knocking of our Senior Officers.
March 6, 2011 at 8:17 PM
Anonymous, may I respectfully suggest that your very language betrays your inability to understand what this post is all about. Measurement is for output; that is things that can be ‘measured’ quantitatively. Ethics does not belong to this realm. It incorporates values upon which everything else if founded. You can’t measure ‘ethics’. Either it exists and is practised, or it doesn’t. The Ombudsman’s words seem to indicate that far too often it is the end result (ie those silly measurables) which occupy the minds of bean counters and not the basic principles, values, and tenets of ethical behaviour. In my opinion, this is the crux of the problem at Glen Eira. There is far too much emphases on governance as simply a matter of balancing books, and risk management – the simple dollar perspective and nothing on behaviour. As for examples I only have to look at the so called consultation processes to realise that this council only adheres to what it legally must, rather than what it should do if it is to breathe life into the intent of any legislation – or better still if it is to realise its very own charter. As a previous commentator said – words are indeed cheap and Glen Eira is all words.
March 6, 2011 at 9:32 PM
Posts which include “have you the guts” signed by “Anonymous” are not attention grabbers. As is “I can prove it by any measure” without any examples or substantive evidence. The idea of “continual knocking of our Senior Officers” not being related to a need for improvement is a hoot.
March 7, 2011 at 12:24 AM
Anonymous, you live in la-la land, or you’re a senior officer or related to one. Once this cartel of yes men and Newton are gotten rid of then maybe, just maybe, this council can finally serve the people in an accountable and ethical way. Until that time this council is morally bankrupt.
March 6, 2011 at 9:18 PM
As a relatively recent resident of Glen Eira I too am appalled at the ethics and the attitude of the Administration and certain Councillors over a whole host of issues… how do they constantly get away with it? While this website is excellent in giving us an opportunity of expressing our views and issues, I suggest that we avail ourselves of the GE website. The website now provides an opportunity of posing questions to Council at meetings (no more snail mail), provided the posting is lodged by noon on the day of the meeting. Constraints apply (150 words, include a question, does not have to relate to an agenda item, non abusive etc.) but the opportunity given is too good for us to pass up. It’s on the GE website under Council minutes (not exactly the most obvious place but this is Glen Eira).
This is an ideal tool for us to get issues tabled at Council Meetings that are usually delegated (delegated = “oh good I can off load”) to the Administration or sub-committes, or otherwise ignored. Use of this tool (which will probably be discontinued lickety split) should send a message to Council and the Administration that the natives are, at best, restless.
My only question is which issue should be raised first, second and third …. big sigh, so many to choose from
March 6, 2011 at 9:47 PM
How about we start with questions that can’t be weaseled out of and relate to recent events Ben? The floods might be a good starting point. Somewhere on this blog there were figures about the decrease in the cleaning of drains year after year. Well let’s ask why there was a decrease and if the answer is evasive and untrue, then let’s keep asking it. This is what accountability is about and ethics. Owning up if there’s a mistake rather than trying to hide behind weasel words. I also think that any question should also be sent directly to councillors as well. The very strong rumour that has been about for years is that councillors don’t even get to see the question much less have any input into the answer until their meeting just prior to council meetings. If they accept the baloney that is written then it is on their heads as well as Burke’s.
After the floods there are plenty of other issues such as consultation methods and commitment; then there’s the way planning is done( or not done). Ben, you’re right – we could go on forever. But I agree, it’s important that answers are provided – let’s give them enough rope to hang themselves and then vote them all out.
March 6, 2011 at 10:10 PM
Here’s an even better question I reckon. How much of our money has been spent on reappointing Newton and teaching councillors how to behave? What’s the latest total and did council (that is us) pay for any of Newton’s legal bills? Last time this question was asked they admitted to about $40,000. Reckon it might be double that by now. How many drains would $80,000 clean and how many kinda places would it fill? Or then again you might want to ask Lipshutz and his gang whether they reckon they’re worth the 80,000 as mayor or the 26000 they get as councillors. Ask them what they’ve given back to the community – that answer would be one for the ages wouldn’t it?
March 7, 2011 at 8:15 PM
Ben,
You idea is good, however it will not work. Most of the time the Councillors dont even get to see the responses until its time to step into the Chamber, talk about transparency and accountability. You will only get an answer if it suits their agenda or needs. Have a look at the last 3 years of Council meetings, Ive asked the same question in 20 formats but if they dont want to answer it they wont, simple as that. If you dare ask the question again they will claim you are asking repeated questions??? I can accept that, if only they answer the original question. Should they be allowed to get away with it? No way, but who watches over them? When you find the department let me know. One last thing, you write a question that’s negative or embarressing to them and its 151 words……its going straight in the knee high round filing cabinet.
March 7, 2011 at 6:41 PM
Ethics is a foreign and alien word when it comes to this council. It garners the occasional nod, then it’s all nudge-nudge, wink, wink.