We have commented numerous times on the significance of delegations and the implications of handing over total control to unelected employees. This is not to say that we expect councillors to do the work of 1000 employees – that is an impossibility and nor is it desirable. However, we do expect that the elected representatives of the people fulfil their function in proper oversight and strategic decision making. Recent controversies over sporting allocations are a case in point. Planning delegations are another instance where councillors literally do not know what is going on since most planning decisions are made by these employees with no input from councillors.
The mantra that has continually been used by this administration to intimidate and ward off councillor involvement comes from Section 76E of the Local Government Act. It reads as follows:
76E. Improper direction and improper influence
(1) A Councillor must not improperly direct or improperly influence, or seek to improperly direct or improperly influence, a member of Council staff in the exercise of any power or in the performance of any duty or function by the member.
(2) A Councillor must not direct, or seek to direct, a member of Council staff-
(a) in the exercise of a delegated power, or the performance of a delegated duty or function of the Council; or
(b) in the exercise of a power or the performance of a duty or function exercised or performed by the member as an authorised officer under this Act or any other Act; or
(c) in the exercise of a power or the performance of a duty or function the member exercises or performs in an office or position the member holds under another Act; or
(d) in relation to advice provided to the Council or a special committee, including advice in a report to the Council or special committee.
(3) This section does not apply to a decision of the Council or a special committee that is made within the powers, duties or functions conferred under this or any other Act.”
In a nutshell we are told in part 3, that Council has the power to decide what is delegated and what is not. In other words councillors have the legal authority to determine every single delegation.
The Act goes on to specify what ‘delegations’ actually are –
Delegations
(1) A Council may by instrument of delegation delegate to a member of its staff any power, duty or function of a Council under this Act or any other Act other than-
(a) this power of delegation; and
(b) the power to declare a rate or charge; and
(c) the power to borrow money; and
(d) the power to approve any expenditure not contained in a budget approved by the Council; and
(e) any power, duty or function of the Council under section 223; and
(f) any prescribed power.
(2) The Chief Executive Officer may by instrument of delegation delegate to a member of the Council staff any power, duty or function of his or her office other than this power of delegation unless subsection (3) applies.
(3) The instrument of delegation to the Chief Executive Officer may empower the Chief Executive Officer to delegate a power, duty or function of the Council other than the power of delegation to a member of the Council staff.
(4) The Council must keep a register of delegations to members of Council staff”.
One other section of the Act, (114) refers to the Local Law, yet there is nothing that we can identify which delegates authority to officers in regard to sporting allocations. It is also high time that planning delegations were totally revamped and processes put in place that ensured councillors had a say in DPC decision making. So, the questions must then become:
- When will councillors show some backbone and assert their mandated authority?
- When will this council actually be run by elected representatives rather than employees?
- When will councillors fulfil their rightful role in representing the interests of residents?
- When will councillors ensure that open, transparent and accountable government occurs in Glen Eira?
Glen Eira Debates 
March 8, 2013 at 11:22 AM
Councillors are wimps or part of the gang. That suits Newton just fine.
March 8, 2013 at 11:27 AM
Name The Wimps:
Name The Gang:
March 8, 2013 at 11:49 AM
My opinion.
Wimps – Sounness, Pilling, Magee,
Gang – Esakoff, Okotel, Lipshutz,Hyams
Lobo swings whenever suits and Delahunty hasn’t shown her full colours as yet.
March 8, 2013 at 12:18 PM
The way I see it:
Gang #1– Esakoff,Okotel,Lipshutz,Hyams ,Sounness and Pilling.
Gang #2 -Magee,Lobo and Delahunty
March 8, 2013 at 1:27 PM
Well this sure does set things out in black and white. If I was Mckinnon basketball club or Ajax then I’d be asking where’s the council resolution that gave Burke the right to do anything he likes and why decisions that were made a year ago aren’t being upheld. For good measure I’d also be asking to see the policy that’s laughably called “reasonable laws, reasonably enforced”. They need their wings clipped and councillors to start doing what they’re supposed to be doing.
Another thing. The old website had the list of clubs that were playing on each ground. That’s now disappeared and I don’t think it’s coincidence. People might start delving more into which clubs that don’t belong to Glen Eira have been given our scarce grounds.
March 8, 2013 at 1:52 PM
I would love to know who has what ground allocation.
March 8, 2013 at 2:48 PM
Here’s the official position by government. http://www.dpcd.vic.gov.au/localgovernment/guide-to-local-government/how-councils-make-decisions/delegated-decision-making
“Delegations are made at a formal council meeting and specify what the officer is empowered to do. Delegates must observe the strategies, policies and guidelines adopted by the council. Through the CEO and senior managers, the council can monitor the actions of staff to ensure that they exercise their delegated authority within the general framework it has already determined. In this way the council retains a measure of control over decision making.”
End of story. Council sets policy and delegations not the other way round.
March 8, 2013 at 5:14 PM
No 4 – If you would like to know who has what ground allocation, then please make yourself known or give your details for the information desired. Are you one of the Ajax members?
March 8, 2013 at 6:05 PM
I’m the man in the moon. What difference does it make? Everyone has got the right to know who plays on which grounds. It was public before and should be now. Unless council is hiding stuff which is most likely. You sure sound like a councillor with this stupid comment.
March 8, 2013 at 9:06 PM
The sporting clubs are all happy, except mayber AJAX Footy Club. You would be seen as a sticky beak. The Council staff negotiate with the clubs each year according to their needs. They do NOT have to be open and transparent. In some cases diplomacy may be required as not all needs can be met in the short term. I am sure they do their best. The GESAC is not the same as an oval. The lease holder is running a business. Very different to a footy or cricket club.
March 8, 2013 at 10:48 PM
I am not a councillor but was one of the Glen Eira candidate. You need to have balls to disclose your name. If you are smart, why then did you not stand for local elections in October 2012. Talk is cheap with goonies like you.
March 8, 2013 at 11:36 PM
There was no “Steven” standing as candidate. How about practising what you preach.
March 8, 2013 at 11:55 PM
This is a really lame argument. There are a multitude of reasons why people don’t stand for elected office. Some for business or professional reasons. Some because they don’t have the finances or other resources. Some because they don’t like the comprises they would have to make. Some because of age or infirmity. Some because they don’t have the confidence. Some because they don’t have the connections et al…….
My take on the existing councillors is that there are at least four who see themselves as career politicians and are using this as a stepping stone. Of the others there are a couple who are egocentrics and a couple on a power trip. Maybe one who is there for no other reason than to make a positive difference.
People make a contribution to the democratic process in different ways. You can be just as influential from outside the so-called tent if you know how to use the system.
March 9, 2013 at 8:13 AM
The authority that this Council has ceded to this Administration far exceeds that of other Councils. IF (and it’s a big IF) Councillors exercised their legal oversight duty (you can delegate authority to act but not responsibility for the actions) and recognised that they are the ones held legally accountable for all Council actions this might not be such a big issue. However, it is a big issue because Councillors
. do not question,
. do not read the inadequate one sided reports prepared by the Administration (eg. read the report prepared on turning Gardners Road into a GESAC carpark)
. rarely do any review of an issue themselves (be it a site visit or a simple internet search of other Council’s policies) and
. do not understand their responsibilities as elected representatives
The result is the current Glen Eira Council is run by the administration which is in no way respresentative of, or accountable to, the residents. Councillors are failing the residents in the worst possible way.
When Lipshutz stated late last year “that Council only has one employee – the CEO” it was a clear indication of the “hands off, blinkers on” attitude of Councillors that should have sent shudders through the municipality.