CITY OF CANNING AUTHORISED INQUIRY TA4 BACKGROUND The City of - - PowerPoint PPT Presentation
TA3 CITY OF CANNING AUTHORISED INQUIRY TA4 BACKGROUND The City of Belmont identifies the importance of Organisational Compliance via Council Policy BEXB 31 - Compliance Management & the Compliance Management Plan.
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Compliance via Council Policy “BEXB 31 - Compliance Management” & the “Compliance Management Plan”.
industry Inquiry Reports.
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Local Government Minister Hon John Castrilli MLA announced on 9 February 2012 that the Department of Local Government would undertake an Authorised Inquiry into matters related to the governance of the City of Canning. The Report of the Authorised Inquiry was tabled in Parliament on 15 November 2012. It is important to note that these findings are as a result of significant investigation by Officers of the Department of Local Government, and the recommendations are that expressed by the Department Officials.
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The Inquiry produced 65 findings and 5 recommendations. Resulting action has had to be undertaken by;
RECOMMENDATION 1 (PART 1) That the Minister appoint an Inquiry Panel pursuant to section 8.16 Local Government Act 1995 to inquire into and report upon, particularly having regard to the contents of this Report, the ability of the City of Canning to provide for the good government of the persons in its district.
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RECOMMENDATION 1 (PART 2) That the Minister suspend the Council under the provisions of section 8.19(1) Local Government Act 1995 pending the outcome of the Panel Inquiry.
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Upon consideration of the Report Minister Castrilli MLA announced his intention to suspend the Council of the City of Canning and appoint an Inquiry Panel to assess the City’s governance issues. Dr Christopher Kendall has been appointed as the Inquiry Panel to conduct the Inquiry into the City of Canning. The appointment is effective from 1 April 2013 with a final report expected within 12 months. The former Mayor of the City of Armadale, Mr Linton Reynolds has taken up the role of Commissioner, and has taken the place of the Elected Council.
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8.19 (1)(a)(i) Suspension of council while inquiry is held “The Minister may, by order, suspend the council if the Minister thinks that the seriousness or duration of a suspected failure of the council to ensure that the local government performs its functions properly” Minister Castrilli in a media statement on the suspension of Council stated that the “Authorised Inquiry into the City of Canning, concluded there had been a serious and long-term failure by the elected council to ensure the City performed its functions properly.”
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The Inquiry; “Identified that Elected Members are well placed to weigh up the political and policy implications of matters before Council. This is due in no small part to the contact they have with their constituents, and the diverse backgrounds and experience each Elected Member can contribute.”
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Mr Neil Douglas in the Report of the Inquiry into the City of Cockburn summed up this important aspect of Elected Member deliberations: “These duties to which an Elected Member of the City is subject, require that, in respect of a matter that is to be the subject of a Committee or Council decision, an Elected Member must – (a) read the advice and information provided to him or her by the City's employees; (b) pay due regard to the advice and information; (c) not act inconsistently with the advice or information unless there are proper grounds, in the interests of the City, for doing so; and (d) in the absence of adequate advice or information, seek additional advice or information.”
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The Inquiry cited a number of examples of poor decision making, often these had a direct impact on City of Canning constituents. Community Groups supported by volunteers were placed in situations resulting in considerable stress, and in one case relating to the closure of a Sporting Club. It is likely that existing suppliers and prospective tenderer’s were burdened by a higher cost of doing business with the City of Canning, and in a number of instances the businesses chose not to submit tenders or quotations resulting in a smaller pool of suppliers. City of Canning residents were not the only ones disadvantaged by the decision making process. Residents in the adjoining Cities of South Perth and Gosnells were also disadvantaged by regional infrastructure works that were delayed or refused outright by the Council.
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The Inquiry was prompted by a request by the Mayor of the City of Canning. A number of examples of misconduct by the Executive, and in particular the Chief Executive Officer were alleged. Areas of Complaint
misconduct was found. Council then resolved to refer the matter to the CCC, again no misconduct or inappropriate behaviour was identified, it was later referred onto the Minister.
City’s appointed Legal Provider and no misconduct was found. Council then resolved to refer the matter to the CCC, no misconduct or inappropriate behaviour was identified, again it was later referred onto the Minister.
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trucks where being overturned by Councillors with little or no technical experience, and with no regard to seeking further supporting information.
recruitment of a staff member, which is contrary to the Local Government Act 1995.
terms and rental amounts, and giving authority to the Mayor to seek legal advice on other matters of an operational nature which is Ultra Vires*.
Local Government Act 1995.
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Numerous examples of Councillors tabling amended motions at the meetings,
Council.
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A key reflection on the Inquiry is that all Elected Members are accountable for their decision, and as such were answerable for reaching a decision. “Whilst meeting privately with fellow Elected Members for the purposes of lobbying can be an acceptable part of the political process, each elected member must be in a position to enter the Council chamber with an independent mind and be prepared to consider any item on its merits – and importantly be open to recognise and accept relevant advice. To do otherwise is incompatible with a transparent and genuine decision making process.”
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RECOMMENDATION 2 Mayor Delle Donne and Cr Mason’s failure to disclose an ‘interest’ that could,
Local Government (Rules of Conduct) Regulations 2007) in relation to the making of a decision to introduce Civic Legal to the City’s Legal Services Panel be referred to the City of Canning’s Complaints Officer as a Minor Breach under section 5.107 Local Government Act 1995.
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RECOMMENDATION 3 Mayor Delle Donne’s failure at the 13 December 2011 Ordinary Council Meeting to disclose a financial interest existing by virtue of his ‘close association’ (as defined by Regulation 20 (1) and (2) Local Government Administration Regulations) with Civic Legal, be considered for referral under section 5.114 Local Government Act 1995 to the Department CEO as a Serious Breach.
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Mayor Delle Donne and Cr Mason failed to disclose their luncheon with Civil Legal representatives before the motion dealing with inviting Civic Legal “to brief the Council, by mid February 2012, on their legal services, with a view to the Council appointing one or more for a three year term”. To be investigated by the Complaints Officer – A/CEO for a possible breach. This was an ‘interest" that could, or could reasonably be perceived to, adversely affect the impartiality of Mayor Delle Donne and Cr Mason for the purposes of Regulation 11 of the Local Government (Rules of Conduct) Regulations 2007. To be investigated by the Department of Local Government CEO for a possible breach.
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RECOMMENDATION 4 The City undertakes a comprehensive internal review of its operations and processes, paying particularly attention to:
employee selection panels (apart from CEO’s selection panel) and tender evaluation panels.
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“While maintaining proper control over the process, the Presiding Member must exercise sound judgement in managing Public Question Time to ensure that breaches of the Standing Orders do not occur.” The Inquiry found numerous examples of questions that were ‘allowed’ by the Presiding Member, which clearly attacked the integrity of selected Elected Members and Staff.
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The relevant legislation that covers the powers available to control inappropriate questions is contained within a Local Government Authority’s Standing Orders Local Law, in addition to related sections of the Local Government Act 1995 and the Local Government (Administration) Regulations 1996. “The responsibility lies with the Presiding Member to ensure Public Question Time is not used by those present to damage individual’s reputations by allowing serious untested allegations of impropriety or incompetence to be
the Presiding Member on meeting procedure.”
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Between 27/1/2010 to 27/3/2012; in excess of 500 questions were asked by sitting members, of which 315 were asked by one Councillor alone. “In the main these questions related to minor administrative matters. Whilst it is commended that Elected Members, have sought to question, rather than simply accept, the information provided to Council, this must be balanced with an understanding of what impact the processing of a large number of questions had on the City’s resources.” As part of the Department of Local Government’s general monitoring program, a Departmental representative attended the City’s Council meeting and observed proceedings from the public gallery. The City was unaware a representative had been sent from the Department to observe the conduct of the meeting.
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“Elected Members have many opportunities outside Council meetings to request and obtain information without utilising the only opportunity for members of public to have their questions answered.” A proposed innovation by the Inquiry Panel included the introduction of a Councillor ‘Portal’ which will provide Councillors with electronic access to the agenda of each Council Meeting. OFFICER COMMENT The City of Belmont has an established Councillor Portal, and continues to be enhanced with future initiatives to include access links to electronic calendar and CEO key issues briefing notes.
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The Inquiry identified the City of Canning minutes to be of a poor quality. “The minutes themselves contain no detail of the Officers’ reports relating to the agenda items that were approved or refused, and no attachments or tabled documents are included in the minutes or available for viewing on the City’s website.” “A number of matters are referred by Council to be dealt with ‘behind closed doors’ (i.e. - to be dealt with confidentially). There is a legislated requirement that Council provides its reasons for deciding to deal with a matter confidentially.”
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“Under Standing Order 2.38, information can be provided to elected members concerning staff matters and other aspects of the City’s operations that Elected Members have no reason to access. This is not appropriate. In addition, the provisions of the City’s Standing Orders also allow the Mayor, without any appeal or recourse, to veto Elected Member access to Council information.” OFFICER COMMENT
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“As is common in Local Government, the first Ordinary Council Meeting held after the 2011 election (25 October 2011) was used to provide the opportunity for the new Council to appoint the City’s representatives to various government and community committees and bodies.” “City of Canning Standing Orders at 3.3.4 prohibits voting at Council meetings in secret.” OFFICER COMMENT The City of Belmont appointment process utilises a confidential voting process, however following the election the determined candidate is still subjected to a resolution of Council which contains a mover, seconder, and details on those voting for or against the motion.
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RECOMMENDATION 5 Delegations to City Officers are reviewed to identify a means of reducing the number of low level regulatory services matters that come before Council.
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“The percentage of planning and development applications being considered by Council during the period September 2010 to February 2011 (6 months) far exceeded the commonly accepted benchmark presented by the Western Australian Local Government Association (WALGA) that less than 10% of development applications should be referred to Council.” OFFICER COMMENT
are benchmarked against the industry, and new legislation is monitored via the Compliance Accountability Listing.
determined 293 applications, broken down as follows;
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essential.
applied in appropriate circumstances.
Councillors to focus on setting the strategic direction for their community.
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The formal Inquiry into the City of Canning is underway, and once the report is released, an operational comparison will take place. The operational comparison will then be presented to the Standing Committee (Audit & Risk), and then to Council. Once considered and adopted by Council, the report and Operational Comparison will be sent to the Director General of the Department of Local Government.
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