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”. • Operational Comparisons have been undertaken as a result of various industry Inquiry Reports.
TA5 BACKGROUND 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 .
TA6 INQUIRY RECOMMENDATIONS The Inquiry produced 65 findings and 5 recommendations. Resulting action has had to be undertaken by; • The Minister for Local Government; • The Department of Local Government CEO; • The City of Canning’s appointed Complaints Officer; • The City of Canning’s Administration. 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.
TA7 INQUIRY RECOMMENDATIONS 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.
TA8 CURRENT SITUATION 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.
TA9 ACTION TAKEN BY THE MINISTER 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.”
TA10 ROLE OF COUNCIL IN MAKING DECISIONS 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.”
TA11 ROLE OF COUNCIL IN MAKING DECISIONS 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.”
TA12 EXAMPLES OF POOR DECISION MAKING IN THE CANNING INQUIRY 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.
TA13 BREAKDOWN IN TRUST WITH EXECUTIVE 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 • Payment of Accounts – Matter referred to City’s appointed Auditor and no 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. • Illegal Dumping of Sand on Private Property - Matter referred to 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.
TA14 BREAKDOWN IN TRUST WITH EXECUTIVE • Recommendations from Technical Officers on the purchase of refuse trucks where being overturned by Councillors with little or no technical experience, and with no regard to seeking further supporting information. • The Mayor and a Councillor were placed on the selection panel for recruitment of a staff member, which is contrary to the Local Government Act 1995 . • Council determined to place the Mayor in charge of negotiating lease 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*. • Ultra Vires: Beyond the scope of powers granted by the Local Government Act 1995.
TA15 TABLED MOTIONS Numerous examples of Councillors tabling amended motions at the meetings, often these included; • Decisions with immediate effect, yet the urgency didn’t warrant it. • Based on factually incorrect assumptions. • Held little regard to impacts on Community Organisations or other entities. • Ambiguous resolutions, often resulting in a delay and further reports to Council. • Ultra Vires decisions.
TA16 LOBBYING 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.”
TA17 INQUIRY RECOMMENDATIONS RECOMMENDATION 2 Mayor Delle Donne and Cr Mason’s failure to disclose an ‘interest’ that could, or could reasonably be perceived to, adversely affect their impartiality (Reg 11 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.
TA18 INQUIRY RECOMMENDATIONS 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.
TA19 LEGAL SERVICES TENDER 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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