The minutes of 7th February, 2005record the following under ‘Enquiries: Director of Community Relations” – ie. Paul Burke. However, the extract we are about to quote is almost verbatim Andrew Newton’s words. As an ‘objective’, ‘unbiased’ Officer’s report to council, should Mr Burke even be citing (unacknowledged of course!) the words of his master?  Here’s the extract::

The option to reappoint was included in the Local Government Act with the support of  both the Liberal and  the ALP. The reasons given in the parliament were that where a Council wishes to retain its CEO, reappointment avoids the cost of advertising and selection and months of organisational instability.

True to form, this extract is distinguished by oh so subtle distortions of what was actually said:

  • We could find no parliamentary speech on this legislation which mentioned ‘organisational instability’ in the context of reappointment (see below)
  • Where costs were mentioned (and this was a relative minor focus of the debates), they were repeatedly linked to small shire/country councils who did not have the resources to advertise widely.

What this extract conveniently fails to record are some of the following observations of the then sitting members. For example:

“At the heart of successful councils and communities lies a successful relationship between elected councillors and the chief executive officer. It is the essential relationship, and it is a relationship that should be based on mutual respect and communication. If that breaks down, as the member for Shepparton has said, the council becomes unworkable and the whole system breaks down. It is the most important relationship in local government”. (Legislative Assembly: 17th May, 2005 –  beginning at page 1020)

Further food for thought comes from the same Hansard debate date:

“This particular bill will provide some certainty to the appointment and reappointment of chief executive officers. They are now employed on the basis of five-year maximum contracts which normally would see them probably working for two different councils. The councils are now going to be elected for a four-year period. We have to ensure that the outgoing council does not employ a current chief executive officer who may not be suitable for an incoming council. We are always careful to look at our chief executive officers and their political motivation — for example, if it were a Labor council which had employed a Labor chief executive officer and the councillors looked like they would be tipped out at the next election, they would like to get their Labor chief executive officer back into place so he could control the council until there was a different group of Independents, maybe Liberal Independents, that may be appointed to the council.

An honourable member interjected.

Mr SMITH — It may be a Liberal council with a Liberal chief executive officer. One would hope the chief executive officers, particularly the ones I have mentioned, would be classified as being independent. We know some that are not, and they tend to be manipulated along political lines.

To ensure that the outgoing council does not employ a new chief executive officer, it must not re-employ their current chief executive officer until six months before his contract expires. That gives him enough time — —

The ACTING SPEAKER (Ms Barker) — Order! Or her.

Mr SMITH — Or her. I actually have got ‘her’ written in here somewhere. My colleague from Brighton was going to raise this issue with me as well.

Thank you, Acting Speaker, I appreciate your involvement in this debate.

The contract should not be manipulated. The chief executive officer and the council can conspire together to manipulate the contract to shorten what they already had as being a fixed period of five years. They may bring it back to four years or three and a half years on the guarantee they can sign them up for another five years. It may be politically wise to do at the time, but it is not the sort of thing that should in fact occur. If it were coming up to a council election, that would be most unfair on the new council which would then be lumbered with a chief executive officer who might not be suitable for possible changes in direction being mooted by the new council. It could also be used as a political tool by unscrupulous councillors who would be pleased to have a chief executive officer controlling a new and apolitical council”.

Finally, we urge all readers to carefully dissect the provided CV and provide us with your thoughts, questions, and of course, comments.