In-fighting over city council secrecy
14 Jul 11 @ 06:00am by Alice Higgins
Some city councillors have accused their colleagues and staff of lacking transparency and gagging debate on contentious issues. The councillors say many items are being discussed behind “a veil of secrecy” to avoid public and media scrutiny. The group says staff are recommending many agenda items be considered in camera, and say some of their fellow councillors are being too compliant in allowing the matters to be discussed in secret.
Discussions can only be held behind closed doors after a majority vote of the council.
Matters debated in camera over the past three months include the $535 million Adelaide Oval redevelopment, Rundle Mall Master Plan and the State Government’s proposed three-hour lockout at city pubs and clubs.
Deputy Lord Mayor David Plumridge last month told a council meeting it could not “continue to work behind a veil of secrecy”. “Many times I think we go behind the veil of confidence when we should be out in the open,” Cr Plumridge, a former national president of the Local Government Association, told the City Messenger after the meeting.
“When we are dealing with public money, public assets and public infrastructure, I think the public has a right to know what we are discussing.”
Under the Local Government Act, councils can discuss matters in camera under a range of scenarios, such as if they compromise council security, reveal a person’s personal affairs, or relate to legal advice.
Cr Anne Moran said there was a “level of frustration” among some councillors that matters were only being discussed in the open when it was “a done deal”. Cr Moran unsuccessfully appealed for a Rundle Mall Management Authority presentation to be held in public at a meeting last week, saying “after all, the public is paying for (the plan)”. “(Staff’s) general default position is when vaguely possible, pop everything into confidence,” Cr Moran said.
“The reasons to go into confidence are becoming more and more flimsy. “It is just so we can debate it without having to read about it in the paper.”
Cr Sandy Wilkinson said secret discussions were being used to silence councillors. “It is a way of gagging elected members speaking their views on things because they are bound by confidentiality not to say anything,” Cr Wilkinson said. “I think it is important for people to hear the conflicting and opposing views and the arguments that are put for those conflicting view.”
Cr Mark Hamilton told last month’s meeting the council had “a tendency to deal with miles too much in confidence”. “There are a number of occasions … after the matter has been dealt with in confidence, I have felt there has been no need for the matter to have been dealt with in confidence,” Cr Hamilton said after the meeting.
Cr Houssam Abiad denied the council went into confidence too often but said the public should be kept informed as much as possible. “If we are discussing things in confidence, we should be sending out a public brief saying this is roughly what happened yesterday that we can tell you so the public feels engaged and connected,” Cr Abiad said.
Lord Mayor Stephen Yarwood said it was “logical” for staff to “err on the side of caution”. “Adelaide City Council is in a unique position compared to other councils given the large number of contracts and businesses we are involved in,” Mr Yarwood said. “We are often competing with private enterprise or putting out tenders for projects and sometimes we need to do things in confidence to ensure we are getting the best bang for our buck when spending ratepayers’ money.”
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The above sounds terribly familiar – apart from the fact that in Glen Eira, control of the agenda has been handed over holus bolus to the CEO alone. He has the power to declare any item “confidential”. We’ve previously featured some figures on Glen Eira and the secret society – ie. how many items have been conducted in camera. We’ve now gone a step further and reviewed the entire year’s council meeting minutes and displayed them as follows: (1) the number of ‘normal’ agenda items; (2) the number in camera, and (3) the number of outcomes declared on these in camera items. The results are pretty amazing – nearly half of all agenda items were discussed in secret and of these less than one third was subsequently released. Please note that of the items disclosed most concerned straight forward tenders.
|
Date |
Agenda Items | In Camera |
Announced |
| 22nd November |
10 |
8 |
5 |
| 8th Nov. (spec. comm..) |
3 |
3 |
0 |
| 2nd November |
8 |
8 |
3 |
| 25th Oct (spec. comm.) |
1 |
1 |
0 |
| 4th Oct (spec comm.) |
1 |
1 | 0 |
|
11th October |
10 |
2 |
2 |
| 20th September |
14 |
6 |
3 |
| 20th August |
14 |
13 |
3 |
| 29th August (Spec.comm –racecourse) |
1 |
0 |
0 |
| 9th August |
8 |
6 |
1 |
|
19th July |
16 | 8 |
4 |
| 28th June |
20 |
6 |
4 |
| 14 June (Special |
1 |
0 |
0 |
| 6th June |
15 |
1(urgent business) |
1 |
| 17th May |
11 |
4 |
1 |
| 10th May (Special) |
1 |
0 |
0 |
| 28th April (racecourse) |
1 |
0 |
0 |
| 27th April |
12 |
6 |
4 |
| 5th April |
13 |
5 |
2 |
| 4th April (spec. comm. – racecourse) |
1 |
0 |
0 |
| 15th March |
10 |
2 |
1 |
| 22nd Feb |
10 |
6 |
1 |
| 1st feb |
11 |
3 |
0 |
| TOTAL |
192 |
89 |
35 |
December 18, 2011 at 9:36 AM
These stats are pretty damning and I’d wager that they far outstrip what goes on at our benchmark neighbours. We can thank Newton for all this and the gang which supports him to the hilt. He’s got his job for another two years thanks to them and this just spells even worse to come. They’ve all got to be ousted at the next election.
December 18, 2011 at 12:29 PM
I smell (MODERATORS: word deleted) on a large scale in Glen Eira, maybe time to call in some real independent auditors.
December 18, 2011 at 3:17 PM
The stuff that’s been going on for the past 6 months has been disgraceful in the secrecy that’s been imposed on issues that affect every single resident. Nothing of value has been released about gesac’s money troubles except more false spin and then there’s the allocations and how much all this has cost in lawyers and mediators and still nothing to show for it. All the special committees are rigged and again secret. This can only stop when there’s a change in legislation which forces these people to act in accordance with the law or when they’re finally booted out on their ear by the ombudsman or the municipal inspector finds for once that proper governance in Glen Eira doesn’t exist. This will be a major election issue and the Hyams and Lipshutzs can kiss their prospects goodbye as of now – that’s if they have the ego and guts to stand again.
December 18, 2011 at 6:17 PM
You and your mates will struggle to beat Lipshutz. In 2008 He got over 30% of the total vote. Frank P got 34%. Forge got just over 3%. I bet that Lipshutrz will increase his vote. You must have a bloody good candidate in mind to knock him off. There will be no inspector and Lipshutz and Hyams have plenty of guts and ego. I have read nothing in the paper about the GEC. My guess is that you are dreaming. You will probably wake up after the election.
December 18, 2011 at 7:45 PM
By saying “bloody good candidate” you mean Jewish. If there is a Jewish candidate in Camden, Lipshutz will struggle as Penhalluriacks vote will be through the roof and preferences will lift Forge. Without Penhalluriacks preferences and with a strong Jewish candidate, Lipshutz has a remote chance of getting up. My prediction is he will see the writing on the wall and not stand for election. The man can’t even get the Deputy role.
December 18, 2011 at 8:20 PM
Yes agreed why aren’t candidates picked on their merit and not on their religious beliefs? (MODERATORS: Sentence deleted)
December 18, 2011 at 3:59 PM
If anyone wants to laugh their heads off then click on http://www.melbourneweeklybayside.com.au/news/local/news/general/jamie-hyams-elected-as-the-new-glen-iris-mayor/2394640.aspx
Great stuff. Hyams is mayor of nowhere.
December 18, 2011 at 4:45 PM
Why on earth would the moderators delete the word (MODERATORS: We have again decided to delete this word) [post 2], unless they are trying to protect someone.
December 18, 2011 at 5:16 PM
Despite the mouthing of the appealing words of openness, transparency and accountability the reality is they are words not backed-up by action by our Council or our administration. Or, for that matter, governments and corporations in general.
Releasing information favourable to them, withholding information not favourable to them, keeping secret deliberations and processes, then attacking the credibility of those who uncover information not favourable to them or dare to question is more the form. It makes the life of elected officials comfortable and allows administrations – who hold the power of detailed knowledge – to function without any real need to explain or justify.
When Julian Assange received the Sydney Peace Foundation’s gold medal “for extraordinary courage in pursuit of universal human rights” earlier this year the chairman of the Foundation Mary Kostakidis congratulated Assange on “his courageous advocacy of people’s right to know about decisions being made in their name by powerful political, business and military leaders.
The Foundation views Assange and his WikiLeaks organisation as contributing to democracy. Seeing democracy as including ”…holding powerful people and institutions accountable…” in addition to ”…promoting freedom of information…”
Kudos to the Foundation. Kudos to Professor Noam Chomsky who sent the following message to Julian: “I would like to thank you for fulfilling your responsibilities as a member of free societies whose citizens have every right to know what their government is doing.”
What a pity our councillors and administration don’t hold to those principles.
Oh! And I’m not nearly as confident as those who think the next Council election will change things much. After all, the ratepayers of Glen Eira saw fit to re-elect two Councillors who were part of a discredited Council sacked for incompetence.
December 18, 2011 at 6:29 PM
The dismissed Councillors were re-elected because the voters didn’t think they did anything wrong. The inspector did what his masters wanted him to do. People always do what the bloke with the cheque book wants. You should note that a few other councillors stood for re-election in 2005 after being dismissed and the voters said NO. Hyams and Esakoff were re-elected. That is democracy. Pure and simple. Very transparent election. Your problem is that you don’t like them. That is the point of difference.
December 18, 2011 at 8:49 PM
No Noeley, don’t have any such problem. My point is the gullibility and short term memory of many of those who bothered to vote.
But I understand why it’s a sensitive point with you. 😉
December 18, 2011 at 6:48 PM
Despite the fact that the first column actually adds to 192, these are still quite stunning figures. Well done.
December 18, 2011 at 6:54 PM
Thanks Glen Huntly – typo! It’s now fixed.