Western Port News 3 March 2021

Page 12

NEWS DESK

CEO’s powers up, councillors down in suggested ‘best practice’ option By Hugh Fraser* MORNINGTON Peninsula Shire CEO John Baker has been quick to propose to the new council – with eight new councillors out of 11 – radical changes to meeting procedures that substantially enhance a CEO’s powers while reducing council’s ability to regulate its own procedure. Touted as “best practice”, these management-proposed rules are not. Council needs to be zealous in guarding the representative democratic rights of the community to our third tier of (local) government as transparent, community engaged and able to extract accountability from management. As recently as 2018, councillors revised their meeting procedure rules. Over the course of several workshops, councillors carefully worked through the rules with management and legal advice. A satisfactory set of rules – indeed described as “model” rules by council’s legal adviser – was approved and soundly operates today. Two revised rules provide for the continuation of limiting a CEO’s powers to reject a councillor’s notice of motion, and a three-day period of notice was extended to five days. This enabled a substantive management response before the meeting. An unlawful or unfair rejection of a councillor’s notice of motion by a CEO can be remedied as a matter of

HUGH Fraser

“urgent business” at a later meeting. Further, if a notice of motion is rejected by a CEO, a councillor can revise it with management assistance and resubmit it. A notice of motion to revoke a council resolution previously made requires but one signature. This right is sparingly used in this council and usually only exercised, as it was recently, where the factual or information basis on which it was made was inadequate or unsound. Further, a CEO has no power to directly address councillors during debate but may do so before debate

Competitors accept challenge

starts. Once a debate is under way, the matter is solely in the hands of elected councillors. However, the proposed rules would expand a CEO’s power to reject notices of motion, require 10, not five, business days’ notice, and bind council with a CEO’s advice as to what constitutes “urgent business”. A notice of motion to revoke an adopted resolution would require the signatures of three councillors, including one of a councillor who supported the earlier resolution. I don’t think this is best practice. It is a “one-off” rule copied by the shire’s management from Frankston Council’s rules. At Frankston, it was adopted to remedy a specific dysfunctional use of meetings procedure, which the peninsula does not share. More importantly, a CEO, or his delegate, would be given an unprecedented power to address the meeting to correct a “factual” error during councillors’ debate. Such a power invites a CEO, or his delegate, to intervene in the debate as a notional 12th councillor. This is anathema. The community and experienced councillors readily understand the difficulties this will cause and rightly reject these proposed meeting procedure rules as being undemocratic. * Hugh Fraser is a Mornington Peninsula Shire councillor for Nepean Ward.

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COMPETITORS are preparing for Blairgowrie Yacht Squadron’s Challenge 2021, which starts at 10.30am on Sunday 21 March. Team entries cost $100 for the challenge which has been raising money for headspace Rosebud for the past five years. Each four-person team completes five legs, including an individual 1-1.2km swim, a 3km ski paddle, a 2km stand up paddle, 2.4km beach run and a 500m team swim. There will be prizes and giveaways and the event is followed by lunch on the clubhouse deck. Spectators are being encouraged to attend. Details: facebook.com/byschallenge and tickets at www.trybooking.com/ BOKKC The challenge will be followed at Easter by the yacht squadron’s art show. This year’s feature artists are photographer Ronald Tan and artist Claire McCall. Outdoor sculpture will be placed on the clubhouse deck and lawn. Viewing of works can be by appointment on Friday 2 April. The art show is open 10am-5pm on Saturday 3 April and Sunday 4 April and 10am-2pm on Monday 5 April. Tickets at $5 available at the door each day and visitors stay at the club and its bistro and bar. Details: https:// www.facebook.com/byseasterartshow Blairgowrie Yacht Squadron is at 2900 Point Nepean Road,

Train disruptions FRANKSTON train line commuters are facing two months of bus replacements.

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PAGE 12

Western Port News 3 March 2021

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Op shop opens THE Fusion Thrift Op Shop at 26 Progress Street, Mornington, has been transformed over the past four weeks before opening on Monday 1 March. The warehouse, along with the op shop on Robertson Drive, Mornington, will be a source of income to support Fusion on the peninsula as well as a hub of employment skills training for young people. Thrift will connect with school VCAL coordinators and work providers to plan opportunities to make young people job-ready. At the warehouse’s official opening on Friday 5 March team leader Gemma Bell will be joined by the mayor Cr Despi O’Connor who will speak to the vision, dream and necessity of such resources in the community. The 3-7pm event will be held in conjunction with nearby Commonfolk Cafe which will stay open so people can have a bite to eat before popping into Thrift to shop.

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More level crossing removals have been scheduled on the Frankston line. Five level crossings across Edithvale, Chelsea and Bonbeach are expected to be removed by the end of this year. Edithvale, Chelsea, and Bonbeach stations will close for demolition and reconstruction in the middle of the year. Trains will run express through them while works are ongoing. From around September, the line will shut down between Mordialloc and Frankston. Bus replacements will be scheduled for commuters for two months.

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