DELAHUNTY: asked for a report on how Section 3 of the Local Law (Meeting Procedures) ‘compare’ to other councils and ‘best practice’. Also wanted the report to include ‘published opinions and guidelines’ from ‘peak bodies’ and to look at the absence of notice of motion in current local law as well as to ‘assess the effectiveness of section 232’ (public questions) and again compare this with best practice. Also wanted an assessment of ‘effectiveness’ of Section 238 (Right to make a Statement) and to ‘compare this procedure against other councils’. Magee seconded.
Delahunty went on to say that she recognised that this had been ‘discussed’ in the past but it should be discussed again. Since the local law is currently being reviewed by the Local Laws Committee asking for the report now is ‘timely’ in ‘order to inform our discussions’ so they know if they’re ‘consistent with other councils’ and learning from others. Not ‘necessarily’ a ‘call to change the local law’ but a call to ‘inform a discussion’. Wanted data about other councils so that there is some ‘benchmark’. Said that in her personal view ‘council is out of step with what could be considered as best practice’ in these areas. Councillors have to make sure that they are ‘all comfortable’ with how meetings ‘are run’. The report should ‘guide us’ on ‘how to increase transparency and accountability’ and ‘community participation’. Said she ‘believed’ that ‘all councillors have right to raise notice of motion’ and that residents should ‘be heard at meetings’ so if it’s all about transparency, accountability and participation then those things need to ‘be fixed’ in the Local Law. Said that she’d ‘like to know’ that Glen Eira is acting in concert with other councils so that people who come from elsewhere ‘don’t fall down in their ability to be able to participate’ and that all councillors everywhere have the ‘same participation rights’. Wanted to know that if this is about transparency then how the processes aid ‘public perception’ of transparency. Wanted to know ‘how we can encourage our community to take a more active role in the meetings’. Wants the report back ‘in a timely manner’. (applause)
MAGEE: said he supports the motion and ‘eagerly awaits the report’.
SOUNNESS: said he doesn’t know ‘what’s broken’ he only knows this council. Was also looking forward to the report and seeing how other councils do things and whether councillors ‘throw each other’ in chambers’…’it will be interesting’.
PILLING: thanked Delahunty. Acknowledged that this had come up before but thought it was right that the ‘new council’ looked at it again. ‘Suspected’ that there is a ‘historical context’ that would explain why Glen Eira ‘does what it does’ but thought that it ‘is time’ to ‘potentially think about modernising‘. The report will ‘give us an idea of where we stand’.
HYAMS: said that Delahunty was right about it coming up previously and that back in 2004 he had wanted a notice of motion and that it had also ‘been discussed in last term of council’ but he was ‘happy to have the discussion again’. Asked Delahunty to clarify saying that her request could be ‘read as the whole local law’ or was she just wanting the 3 things that she’d nominated? Delahunty reiterated that she’s asking about the Section 3 of the local law. Hyams then asked whether she wanted the ‘whole section’ compared or just the 3 things within that section.
DELAHUNTY stated that knowing it had come up before she didn’t want a report that was ‘too narrow’ and if there is something in that particular division of the local law that ‘was inconsistent with other councils’ that the report should also highlight these things. The 3 things mentioned she wants ‘particularly noted’ but also ‘leeway to raise any other options’.
Thought that the discussion would be ‘lively’. Was looking forward to what the report had to say about other councils and how Glen Eira could increase transparency and accountability and she wanted to know ‘how question time can work a bit better’. Read out a bit from the ‘governance grab’ from government that said question time should ‘be engaging and responsive’. The quote went on to say that having someone read out the public question in a ‘monotone …can be deadening’. ‘That’s exactly what we do’ with our public questions. ‘No wonder, or it’s possible’ about the lack of ‘public participation’ and whether this ‘trickles down’ to the voting and ‘the feel about local government’ and wanted to know what can be done to ‘improve this’. On notice of motion she said that she would ‘find it very hard to be convinced that we don’t deserve the right to raise notices of motion’. Residents also deserve the right to ‘expect us to raise’ these motions and act ‘within the councillor code of conduct’. Notice of motion shouldn’t be thought of as ‘a nuisance’ but part of the process ‘that is afforded to pretty much every other council in Victoria apart from us’.
Thought that the Right of Reply was also ‘inconsistent’ and that it should be available to the individual who ‘wants to make the reply’. Gave the example that if she ‘had an issue with a letter that was written’ into a local newspaper and ‘might have said that I lied about’ councillor campaign donations and made that ‘comment about two of my other councillor colleagues’ and if she wanted to make that reply she would have to ‘write it and have someone else read it out for me’. ‘Now if I’m so incensed at being called as liar…have my integrity questioned….I’d like to read that out myself’. So this aspect also ‘needs addressing’.
MOTION PUT – CARRIED UNANIMOUSLY
July 3, 2013 at 10:45 PM
Credit to Delahunty; she’s certainly asking some good and valid questions…
July 4, 2013 at 10:30 AM
Delahunty does deserve credit for asking good and valid questions. She also deserves credit for not merely asking these questions but for having the courage to call a spade a shovel in public. Her version of what’s wrong needs to be seen against Pilling’s version of the same events. For him the whole thing boils down to the need for “modernising”. Come on Neil! We’re not talking about a new phone here or a new kitchen or a facelift. This is about fundamental democratic rights for councillors and residents.
If Sounness doesn’t know what’s broken then he has got no idea of what these terms mean and what his obligations are.
July 4, 2013 at 11:02 AM
All well and good to ask for a report. That’s the first step only as the conservatives keep telling us about all the dubious amendments they scrape in. Next step will be to see what mental gymnastics Newton has to come up with to hide the truth that this council belongs in the dark ages. The final step is yet to come and that’s changing the law. I’d like to be as sure of winning tatts as to what’s going on behind the scenes. Lipshutz didn’t say anything according to the post. Maybe he’s realising he doesn’t have the numbers on this one but more likely all his talking will start from now. I see his target as Sounness. Okotel’s already in the bag. Wheels upon wheels with a bit of cajoling, a touch of quid pro quid, and a tad of bullying no doubt.
July 4, 2013 at 11:45 AM
Its worth rereading Andrew Newton’s report from 6 June 2011, and the subsequent discussion here:
https://gleneira.wordpress.com/2011/06/03/newton-deconstructing-the-master-of-spin/
The current problems include the excessive control over the Agenda held by the CEO and Mayor and the Mayor’s power to silence all criticism. Anything can be deemed inappropriate, anybody can be deemed to be out of order.
If all of Part 3 is being considered, then that brings s230 Public Participation in scope. It has been reported here that members of the public have at times requested an opportunity to speak to Council and told they couldn’t by Mayor Hyams. What he should have said is that he is exercising his discretion under s230 in refusing them the opportunity.
Cr Delahunty may be confusing Councillors’ Right To Make A Statement with the poor treatment of public questions. Councillors generally get to read their own statements [unless silenced by the Mayor]. The use of monotone is a feature of Council’s general lack of respect for public questions. I would argue that failing even to answer a question is much more serious and contrary to the Objectives of Council. Responding isn’t the same as answering.
In light of the MRC failing to implement the Agreement with Council and the pedestrian accidents that Andrew Newton’s barriers have contributed to, his arguments concerning Queens Av have not stood up well to scrutiny. The failure to keep vegetation back from the roadway has forced cyclists out of the bike lane, but at least a bike lane increases the separation between pedestrians and fast-moving cars.
July 4, 2013 at 12:03 PM
One more thing I forgot. The minutes of the local law committee had a small paragraph about the possibility of reviewing the entire local law. Sounds great but the action item was passed off onto the corporate counsel. We’ve then got the situation at work here that a council devolves its responsibilities to a stacked committee which then devolves its responsibilities further on to a paid employee under the control of Newton. The public doesn’t get to see the reports. It’s hush-hush and business as usual. It then will come back up the chain recommending that there not be a total review because that’s unnecessary and this will then be a recommendation that will go to council which will then be accepted without comment. That’s the plan and the way this place generally works. Nothing gets through without the Newton touch.
July 4, 2013 at 12:20 PM
To refresh people’s memories, we have featured 3 posts on council’s meeting procedures. In brief, it’s worth bearing in mind the fact that GLEN EIRA IS THE ONLY COUNCIL IN THE STATE WITHOUT A NOTICE OF MOTION! There are many other anomalies which we highlighted –
https://gleneira.wordpress.com/2013/01/17/the-peoples-democratic-republic-of-glen-eira/
https://gleneira.wordpress.com/2013/01/18/the-peoples-democratic-republic-of-glen-eira-2/
https://gleneira.wordpress.com/2013/01/20/the-peoples-democratic-republic-of-glen-eira-3/
July 4, 2013 at 2:21 PM
Many councils have been busy amending their Local Law Meeting Procedures. In today’s (4th July) Victorian Government Gazette there are several councils listed that have further ‘democratised’ their local law. Here are the most important –
MELBOURNE CITY COUNCIL
Notice of Amendment of an Incorporated Document
Notice is given pursuant to section 112(2) of the Local Government Act 1989 that on 25 June 2013 the Melbourne City Council (‘Council’) resolved to amend its Meeting Procedures Code (‘Code’) to provide that public access to the confirmed agenda and available meeting documentation be brought forward from ‘noon four days prior’ to ‘2 pm five days prior’ to a scheduled meeting and that the deadline for a Notice of Motion by a Councillor be brought forward from ‘3 pm on a Friday’ before a scheduled meeting to ‘10 am on the Thursday’
DAREBIN
Part 6 – Committees
This part automatically applies relevant provisions of the Local Law to meetings of Special Committees and enables Council by resolution to apply relevant provisions to meetings of Advisory Committees.
July 4, 2013 at 2:24 PM
Macca – your comments under item 2 – The gang is lost without Tang and are now all over Sounness. Okotel cannot distinguish night from day. She is a poodle of Esakoff and barks when Esakoff tells her to bark. Souness will not fall into the trap like Okotel.
July 4, 2013 at 3:31 PM
Souness needs to get off the fence; we need to see if he has a mind of his own.
July 4, 2013 at 7:32 PM
Hyams supported the gag in 2009. Lipshutz and Esakoff too.
July 4, 2013 at 9:15 PM
We know which way Okotel will vote – the only question is will Lobo, Sounness, Pilling or Magee be the one to roll. Sounness, with a short but so far inauspicious track record, is a definite possibility. The others all have a track record of “flipping and flopping”.
July 5, 2013 at 12:49 PM
For once I am feeling optimistic that maybe, just maybe, we might get some change. Go Mary – and those that supported this action.
July 6, 2013 at 5:25 PM
By way of information, a few days ago, when I attended a fairly big function in East Bentleigh, I heard people praising Lobo as a Councillor who was seen on the streets on a regular basis and not only at the time of election.. He was also spotted sitting in shopping centres once a month during his last term in office as well as this year.
From the results of the election, Lobo came 2nd out of the 14 candidates and that should say enough of how residents view him. Last year, his name has been regularly appearing in the local newspaper last year. He took on the local M.P. – Elizabeth Miller for her lack of knowledge on street parking of registered cars, boats and trailers; a fact she was not aware that it was the State government who made it a law
As I hardly go to the Council, Gleneira may want to comment on the performances of each Councillor as was done a few years ago.
July 6, 2013 at 10:37 PM
Was that the same Lobo that didn’t acknowledge a friendly ‘Hello Councillor’ in the street 2 weeks ago. Parks down near Bentleigh station and walks up Centre Road and drinks coffee while reading important papers. He may be seen but certainly not heard!