Item 9.11 of the Agenda Items contains Newton’s response to Penhalluriack’s ‘request for a report’. It reads: “That officers prepare a report on suggested changes to the Local Law that will provide for Councillors to raise a notice of motion.”
Newton begins by stating that Glen Eira “does not provide for Notices of Motion” and, in part, the justification is that previous councils (ie 2003-5; 2005-8 and the present council) “‘have all decided against having such a provision.” Does this mean it is set in concrete and untouchable for ever more?
We then get a page and a half “summary”’ of the Queen’s Avenue issue, which precipitated the last Council Meeting fiasco. Newton deflects the argument stating that the path is narrow, unsafe, etc. and that “people should not be encouraged to use that side of the road in its present state”. He concludes that “it would be undesirable to make minor changes which increased use without increasing safety”. In what appears to be an incredible statement, Newton then refers to the MRC agreement where improvements” have been scheduled (with MRC approval of course) within 5 years! So are we to presume that this currently “unsafe” strip of land will remain untouched for up to 5 years, regardless of the fact that people are obviously using it? And this in itself begs the question of
- for how long has it been in this state?
- how many residents have already complained and for how long have they been complaining?
- SURELY RISK MANAGEMENT WOULD REQUIRE THAT ANY POTENTIAL DANGER TO RESIDENTS BE SEEN TO IMMEDIATELY? But No! It sounds as if Newton is prepared to leave the path untouched until the MRC benevolently grants
permission for works – whatever the current risk!
Newton then neatly sidesteps the actual intent of the Request for a Report and rephrases it to his own purposes – namely “how can a Councillor get issues on the agenda of a council meeting?” These are admittedly Penhalluriack’s words, but they in no shape or form represent the actual “request for a report” that became a Council resolution.
Newton goes on to outline the 3 ways of getting issues onto the agenda.
1. Councillors can ‘ask’ for the matter to be included in their briefing meetings. However, in Glen Eira it is the CEO alone who has been delegated the authority to decide what goes onto the agenda. Councillors are thus reliant on his benevolence. One could well ask: How many ‘suggestions’ from councillors have been accorded entry into the agenda over the past few years? How many have been refused? How many have been conveniently forgotten? How many suggestions have got onto the agenda months and months later? Further, why should such ‘negotiations’ take place behind the closed doors of councillor assemblies?
2. Then there is that old chestnut of requesting a report under Urgent Business. What Newton conveniently neglects to tell us is that “urgent business” has to have occurred in the period following the publication of the agenda items and the actual council meeting. That is a matter of days and precisely the problem that Penhalluriack was grappling with at last Council Meeting!
3. However, the section which really demands close reading is Newton’s vision of decision making. Apparently, Councillors can only decide on something after ‘information and advice’ has been provided. He also states that “reports are regularly requested. They are submitted promptly – usually to the immediately following Council Meeting”. WRONG! WRONG! WRONG!
Newton warns us that ‘considering decisions without necessarily having an accompanying submission setting out relevant information and advice’ is bad news. This of course assumes two things: (1) that officers’ advice is always comprehensive, balanced, accurate and truthful, and (2) that councillors are incapable of doing their own ‘research’, fact finding, discussions with residents, etc. Typically, Newton warns councillors that only by receiving officers’ reports and deciding on that bases will this ‘almost always be an adequate defence’. Defence to what Mr. Newton? It is councillors who run council and they are legally empowered to make any decision they like. All that’s required is a majority vote to have legal and binding force. Newton’s final admonition to councillors is – “In the history of Glen Eira, virtually all the decisions which have ‘blown up’ have been taken on-the-run ie without any supporting submission of information or advice”.
Next, we have a really important section entitled ”Technical requirements for Notices of Motion’. We are then assailed with 12 bullet points – all Dorothy Dixers implying almost insurmountable ‘technical’ problems. It’s strange that practically every other council in the state can simply include several unequivocal sentences or paragraphs into the Meeting Procedures and hey presto – the technical problems are all solved! Here are a couple of examples:
Bayside:
(1) A notice of motion must be in writing signed by a Councillor, and be lodged with the Chief Executive Officer by no later than 12 noon at least 4 business days before the meeting at which it is intended to be considered.
(2) The full text of any notice of motion accepted by the Chief Executive Officer must be included in the agenda.
(3) The Chief Executive Officer must cause all notices of motion to be numbered, dated and entered in the notice of motion register in the order in which they were received.
(4) Except by leave of Council, each notice of motion before any meeting must be considered in the order in which they were entered in the notice of motion register.
(5) If a Councillor who has given a notice of motion is absent from the meeting or fails to move the motion when called upon by the Chair, any other Councillor may move the motion.
(6) If a notice of motion is not moved at the meeting at which it is listed, it lapses.
(7) If a notice of motion is moved but not seconded, it lapses.
(8) Except where the notice of motion is to confirm a previous resolution of Council, the notice of motion may be amended.
(9) If the Councillor who has lodged or is moving a notice of motion wishes to amend it, he or she may do so by seeking leave of Council to amend the notice of motion prior to it being seconded.
(10) Once a notice of motion has been moved and seconded, the mover cannot amend it.
(11) Notwithstanding sub-clause (10) another Councillor may move an amendment to the notice of motion, which motion must be dealt with in accordance with clause 35 of this Local Law.
(12) No member of the public may speak to a notice of motion when presented at an Ordinary meeting or a Special meeting. Individuals may request to speak to issues associated with the notice of motion under Division 10 in the event of a report on the item being considered by a Special Committee at a later meeting.
Kingston –
21. (1) A notice of motion must be in writing, signed by a Councillor, and be lodged with the Chief Executive Officer by 12:00 midday on the Wednesday preceding an Ordinary Council meeting. Any notice of motion received after that time must, unless withdrawn in writing, be included on the next relevant meeting agenda;
(2) The Chief Executive Officer must arrange for every notice of motion received by him or her to be endorsed with the date and time of it being received and for it to be kept or entered, in the order received, in a register of notices of motion.
(3) The Chief Executive Officer may include on the agenda immediately following a notice of motion any comment which provides relevant factual information in regard to the issues dealt with in such notice of motion.
(4) If the member who has given a notice of motion is not present at the meeting when the matter is the next item on the agenda to be considered, the Chairperson may move it or may call upon any other member to move it and if the motion is not moved (and
seconded) it lapses.”
Simple isn’t it? Surely, our 9 intelligent councillors can cope with such ‘technical problems’! And let’s not forget that we have three lawyers on Council to oversee the matter.
Here’s the $64 question though –
- Will this report be accepted as it stands? Will it be ‘noted’ and that’s the end of the attempt to introduce a ‘notice of motion’ (and hence real democracy) into Glen Eira?
- Will Newton be asked to rewrite his response and ensure that it directly answers the original ‘request for a report’, or will councillors once again allow this to go through to the keeper?
- Will Newton be asked to clarify and correct his errors of fact?
- How much more spin will ratepayers put up with?
Glen Eira Debates 