From Manningham Leader – Anna Prytz

No gag on councillors: Free speech a winner as councillor’s bid to quieten colleagues is defeated

“PLANS to investigate a gag on Manningham councillors and ban public access to meetings has been quashed. At last Tuesday’s council meeting, Cr Graeme Macmillan’s motion to bar the public’s access to the recordings of meetings on the council’s website — and to pass bylaws prohibiting councillors publicly criticising each other — was defeated after a recision motion by Cr Stephen Mayne. The motion was carried. Executive manager of corporate services Steve Goldsworthy said it was illegal for a council to impose the proposed bylaws and penalties.

‘‘Local councils pass laws in accordance with the Local Government Act,’’ he said.

‘‘If your new laws diminish what is already available in law or in society, that is not legally acceptable.’’

Cr David Ellis said he was astonished the matter had gone so far.

‘‘This is a seriously deficient motion,’’ he said. ‘‘Now is the time for us to reaffirm our commitment to transparency.’’

In the absence of the three Koonung ward councillors who voted to investigate the proposed ban at last month’s meeting, only Cr Macmillan and Cr Meg Downie supported the motion.

Both denied the move was about restricting free speech, but rather about ending ‘‘bullying’’ by Cr Mayne.

‘‘Cr Mayne thinks it is fair game to criticise,’’ Cr Downie said. ‘‘This is harassment and bullying.’’ Cr Macmillan said Cr Mayne’s ‘‘cowardly’’ blog posts were unfair and unbalanced. Addressing Crs Macmillan and Downie, Cr Mayne vowed to continue to be an advocate of free speech.

‘‘I’ll defend your right to make the very aggressive, highly critical and attacking comments you’ve just made,’’ he said, adding he was ‘‘relieved the illegal and embarrassing motion is finally off the table.’’

The full audio recording of this motion is available at: http://www.manningham.vic.gov.au/maccwr/_assets/main/lib90295/13%20december%202011%20audio%20notices%20of%20motion%2014.1.mp3. Please note this is a large file and may take several minutes to download. It is however worth listening to!