Tom Sharp's
Blog
18-02-2021
SHARP COMMENT 12 - The Scenic Rim Regional Council meeting of 19 January
The Scenic Rim Regional Council meeting of 19 January and the accompanying minutes of that meeting make for an interesting review.
The matter of interest relates to the statutory requirements and the standard processes to be observed at such meetings; at the January 19 meeting the council was reviewing and adopting resolutions for “standing orders”, in simple terms the process for conducting council meetings.
Under the State Government of Queensland and more specifically the Local Government Act and Local Government Regulations the requirements are set out in plain English for all to not only understand but most importantly to observe and follow as a point of law.
It would appear that this is not the case for the SRRC with specific regard to “meeting process for dealing with suspected inappropriate conduct which has been referred to by the independent assessor”.
In short, the law requires that when a councillor is suspected of inappropriate conduct in an open meeting of council then the matter must be addressed at a public council meeting to decide if such conduct was actually inappropriate.
The SRRC executive put forward a recommendation to the council as follows:
“Council must be consistent with the local government principals of transparent and accountable decision making in the public interest by dealing with suspected inappropriate conduct in an open meeting of the council. However, where the complainant or other parties may be adversely affected due to the nature of the complaint, the council may resolve to go into closed session.”
CLOSED SESSION or CLOSED MEETINGS can only be conducted for the following reasons:
a. the appointment, discipline or dismissal of the chief executive officer
b. industrial matters affecting employees
c. the local government’s budget
d. rating concessions
e. legal advice obtained by the local government or legal proceedings involving the local government including, for example, legal proceedings that may be taken by or against the local government
f. matters that may directly affect the health and safety of an individual or a group of individuals
g. negotiations relating to a commercial matter involving the local government for which a public discussion would be likely to prejudice the interests of the local government
h. negotiations relating to the taking of land by the local government under the Acquisition of Land Act 1967
i. a matter the local government is required to keep confidential under a law of, or formal arrangement with, the Commonwealth or a State, as per the Local Government Regulations.
The suggestion by the SRRC to go into “closed session” if the complainant or other parties may be adversely affected due to the nature of the complaint is a COMPLETE NONSENSE and simply breaks Queensland Local Government Regulations.
This flagrant disregard for the law was addressed by Cr Swanborough who proposed amending the illegal sentence and replacing it with ‘(f) matters that may directly affect the health and safety of an individual or a group of individuals’ which is derived from the appropriate sub section of the Local Government Regulations.
The amendment was seconded by Cr Duncan McInnes.
When it came to vote the amendment was defeated three votes to four.
Voting for the amendment were Councillors Swanborough, Chalk and McInnes.
Against the amendment was Councillors Christensen, McConnell, West and Enright.
This raises grave concerns, and one needs to ask the question of the Mayor and Councillors McConnell, West and Enright: What is it you do not understand about the Queensland Government act and accompanying regulations?
How long can the State Government of Queensland leave the people of this region out on a lawless limb and let the Scenic Rim Joke continue unabated?
The matter of interest relates to the statutory requirements and the standard processes to be observed at such meetings; at the January 19 meeting the council was reviewing and adopting resolutions for “standing orders”, in simple terms the process for conducting council meetings.
Under the State Government of Queensland and more specifically the Local Government Act and Local Government Regulations the requirements are set out in plain English for all to not only understand but most importantly to observe and follow as a point of law.
It would appear that this is not the case for the SRRC with specific regard to “meeting process for dealing with suspected inappropriate conduct which has been referred to by the independent assessor”.
In short, the law requires that when a councillor is suspected of inappropriate conduct in an open meeting of council then the matter must be addressed at a public council meeting to decide if such conduct was actually inappropriate.
The SRRC executive put forward a recommendation to the council as follows:
“Council must be consistent with the local government principals of transparent and accountable decision making in the public interest by dealing with suspected inappropriate conduct in an open meeting of the council. However, where the complainant or other parties may be adversely affected due to the nature of the complaint, the council may resolve to go into closed session.”
CLOSED SESSION or CLOSED MEETINGS can only be conducted for the following reasons:
a. the appointment, discipline or dismissal of the chief executive officer
b. industrial matters affecting employees
c. the local government’s budget
d. rating concessions
e. legal advice obtained by the local government or legal proceedings involving the local government including, for example, legal proceedings that may be taken by or against the local government
f. matters that may directly affect the health and safety of an individual or a group of individuals
g. negotiations relating to a commercial matter involving the local government for which a public discussion would be likely to prejudice the interests of the local government
h. negotiations relating to the taking of land by the local government under the Acquisition of Land Act 1967
i. a matter the local government is required to keep confidential under a law of, or formal arrangement with, the Commonwealth or a State, as per the Local Government Regulations.
The suggestion by the SRRC to go into “closed session” if the complainant or other parties may be adversely affected due to the nature of the complaint is a COMPLETE NONSENSE and simply breaks Queensland Local Government Regulations.
This flagrant disregard for the law was addressed by Cr Swanborough who proposed amending the illegal sentence and replacing it with ‘(f) matters that may directly affect the health and safety of an individual or a group of individuals’ which is derived from the appropriate sub section of the Local Government Regulations.
The amendment was seconded by Cr Duncan McInnes.
When it came to vote the amendment was defeated three votes to four.
Voting for the amendment were Councillors Swanborough, Chalk and McInnes.
Against the amendment was Councillors Christensen, McConnell, West and Enright.
This raises grave concerns, and one needs to ask the question of the Mayor and Councillors McConnell, West and Enright: What is it you do not understand about the Queensland Government act and accompanying regulations?
How long can the State Government of Queensland leave the people of this region out on a lawless limb and let the Scenic Rim Joke continue unabated?