By Hugh Fraser*
DAMAGING cultural issues have developed within Mornington Peninsula Shire Council that are having a significant impact on the democratic rights of the community and good governance of the Shire.
I believe the risk of this development could have been avoided with timely advice by management to council when making critical decisions, as required by the Local Government Act 2020.
One issue includes the right of the community to be heard and consulted on what were proposed as the rules governing council meetings procedure.
These governance rules, as they now stand, are patently undemocratic. They dispense with council notice of motion procedures which enabled any councillor to move a notice of motion and by resolution extract accountability from the CEO as to the day-to-day management of council operations by the CEO.
It seems that this particular rule was developed secretly by a majority bloc of councillors working with management, not telling or giving prior notice to all councillors.
Management should have informed and given prior notice of this proposed rule to all councillors and advised them that such a proposed rule would require community consultation.
More recently, the mayor Cr Anthony Marsh has set his own meetings procedural directions.
These new directions limit the right of councillors to publicly question management in public council meetings. As I see it, these directions were made without the mandatory statutory community consultation or even a council resolution.
Equally surprising was the initial approach last year by senior management to the planning minister seeking to withdraw a council approved proposed planning scheme amendment process.
Council had designed this amendment – and approved by council resolution – to put in place a process to resolve the conflict between the Tyabb community and the Peninsula Aero Club over the use of the Tyabb airfield.
The approach to the minister by senior management was made without the prior approval of council by resolution.
There are statutory provisions which prohibit councillors from improper influence and giving improper directions to management. So how could this approach to the minister lawfully come about without community consultation, a prior council debate and resolution?
Then there are issues of reasonable apprehension of bias in council decision making.
This year, the CEO’s four-year contract of employment will come to council for a decision as to whether council ought to renew or advertise his contract.
This will excite much community interest and debate within council as it forms a view as to whether to renew or advertise his contract.
Cr Marsh is quoted in a shire news release (9/12/21) as saying: “Retaining a high performing CEO is essential for ensuring the best outcomes for our community. This is a vote of confidence from council in the CEO to lead the shire into 2022 and beyond” (“Cents a reason to correct CEO’s $425,000 package” The News, 19/1/22).
Has council already secretly debated and voted to extend the CEO’s contract beyond 2022 without telling the community or is this yet to be considered by council and if so, when?
These are serious questions to be answered after proper inquiry by the responsible authorities.
*Hugh Fraser is a barrister, Legal Services Board member (2007-2010) and Mornington Peninsula Shire councillor (2012-2020) representing Nepean Ward.
First published in the Southern Peninsula News – 15 February 2022
