‘Democratic right’ to question shire officers

By Hugh Fraser*

A DIVIDED and dysfunctional Mornington Peninsula Shire Council has voted down a motion by Cr David Gill to restore the right of councillors to transparently question council officers during public council meetings.

Gill was right to bring this issue to the attention of council and the community. In a democratic, functional and responsible council, his motion ought to have succeeded.

The democratic right of councillors to question council officers and senior management in council meetings is an essential council and transparent process. It assists in making a CEO, shire officers and management accountable to council and the community for the “day to day operations” of the shire (“‘Transparency’ call for council” The News 5/9/23).

During the term of this council from 2020, this right has been systematically diminished by resolutions made by the majority of councillors acting on advice from senior management, directions made by council chairs and senior management practices.

Councillor questions are one device to make management accountable. But what of senior management practices?

As reported in The News, in the wake of the Independent Broad-Based Anti-Corruption Commission’s launch of Operation Sandon, council ordered a review by management of development planning decisions made by the shire over the last two decades (“Review results delivered behind closed doors” 5/9/23).

The subsequent report ought to have been brought back to council for consideration, questioning, debate and, if necessary, council could resolve on further action by management. However, this did not occur –  senior management brought the review report to a briefing of councillors.

This is a management device characteristic of a “behind closed doors” management mentality that matters first considered by council are then brought back by management to a “behind closed doors” briefing of councillors.

At councillor briefings, councillors are unable to pass resolutions, or direct management, to action a matter further. This breeds a culture of lack of transparency and accountability so inimical to democratic local government.

What occurred in this council in response to the IBAC launch of Operation Sandon, highlights to the community the risk that council and management-biased processes permitted by a majority of this council, places council at high risk of falling under the control of council senior management – a basic and well recognised corporate risk.

*Hugh Fraser is a barrister, former Legal Services Board member (2007-2010) and a former Mornington Peninsula Shire councillor (Nepean Ward 2012-2020).