I find your response here somewhat perplexing as you simultaneously rely upon “THE ACT” and fail to see it implications of it and especially so since I specifically reference SECTION 20 of the Act.
It seems to me that you are saying that the General Manager is entitled to exercise his discretion in regard to Council's accountability.
- Indeed are you saying that and similarly are you saying he is licensed, under the Act to withhold information from me and by extension the entire body of Launceston’s ratepayers and at his discretion?
If this is indeed your position:
- How do propose that true accountability can be delivered to the community and specifically to your constituency – the one you were elected to represent?
- Does SECTION 62 of the Act in fact and in practice allow for this kind of unaccountability by a General Manager?
- How do you propose that accountability is to be delivered to your constituency unless you invoke your leadership as Mayor to ensure that it is?
- Other than yourself, just who are constituents to go to when accountability is apparently not available to them?
These are non-trivial matters and they also go to Council’s published Organisational Values as well as I so often remind you. I look forward to your response by the close of business today and I do so with interest.
Regards,
Ray
Ray Norman <zingHOUSEunlimited> PH: 03-6334 2176
EMAIL 1: raynorman7250@bigpond.com 40 Delamere Crescent Trevallyn TAS. 7250
WEBsite: http://www.raynorman7250.blogspot.com
“A body of men holding themselves accountable to nobody ought not to be trusted by anybody.”
Thomas Paine
CLICK HERE: http://www.launceston.tas.gov.au/lcc/index.php?c=69
________________________
Dear Ray,
In response to your email dated 18 January 2016, it is my understanding that under the provision of the Local Government act 1993 determines this to be an operational matter within the province of the General Manager. Within this provenance the General Manager is empowered to do what is necessary as he views it to enact on such matters and therefore it is out of the Aldermen's power to advise on such matters.
Yours sincerely,
Albert van Zetten
MAYOR
Lisa Doolan, on behalf the Mayor I City of Launceston
T 03 6323 3101 I www.launceston.tas.gov.au
Forwarded Message
From: Lisa Doolan <Lisa.Doolan@launceston.tas.gov.au>
Date: Tue, 19 Jan 2016 23:20:51 +0000
To: Ray Norman 7250 <raynorman7250@bigpond.com>
Subject: RE: Email 18 January 2016
Apologies Ray, I have included correspondence as below:
Good afternoon Albert,
I’m writing to you today following a proposition being put to me yesterday that raises a series of questions that on face value require answers in the cause of accountability. They are:
- Has Council appointed, or is it about to appoint, a “high-flying cultural consultant” to advise you and Aldermen on QVMAG governance?
- Has this appointment, given that it is a governance matter, been drawn to all the Aldermen’s attention – either formally or informally?
- Have all the relevant qualifications and professional experiences of the consultant been made known to the Aldermen as the QVMAG’s Governors and Trustees?
- By what means was this consultant’s availability and professional standing discovered?
- What is the estimated cost of this appointment and the possible/likely associated research and moreover, has this been made known to all the Aldermen?
- When will the QVMAG’s Community of Ownership and Interest be advised of Council’s appointing this person, and their brief, given that many are log-term conscripted investors in the institution?
Somewhat poignantly the General Manager invokes SECTION 62 of the Local Govt. Act which he has invited me to read. I’ve done so long ago but have done so again upon his invitation. And, it seems that I’ve come to quite a different interpretation than the one he has proffered to me. Interestingly SECTION 20 sets out Council’s Functions and Powers as being:
“(1) In addition to any functions of a council in this or any other Act, a council has the following functions:
(a) to provide for the health, safety and welfare of the community;
(b) to represent and promote the interests of the community;
(c) to provide for the peace, order and good government of the municipal area.
(2) In performing its functions, a council is to consult, involve and be accountable to the community.
(3) A council may do anything necessary or convenient to perform its functions either within or outside its municipal area.
(4) A council may transfer to a single authority or a joint authority –
(a) any of its assets and liabilities on any condition it determines;
(b) any of its employees.
(5) A council may –
(a) acquire, hold, dispose of and otherwise deal with property; and
(b) sue and be sued in its corporate name.
Thus SECTION 62 is somewhat more interesting reading than might be expected given that the functions and powers of general manager are set out as follows:
(1) The general manager has the following functions:
(a) to implement the policies, plans and programs of the council;
(b) to implement the decisions of the council;
(c) to be responsible for the day-to-day operations and affairs of the council;
(d) to provide advice and reports to the council on the exercise and performance of its powers and functions and any other matter requested by the council;
(e) to assist the council in the preparation of the strategic plan, annual plan, annual report and assessment of the council's performance against the plans;
(f) to coordinate proposals for the development of objectives, policies and programs for the consideration of the council;
(g) to liaise with the mayor on the affairs of the council and the performance of its functions;
(h) to manage the resources and assets of the council;
(i) to perform any other function the council decides.
(2) The general manager may (as the GM persistently reminds me) do anything necessary or convenient to perform his or her functions under this or any other Act.
In invoking SECTION 62 the GM tells me that he has virtually the same powers and functions as does Council? If that is so, where in the Act is the evidence for that? Does not the Act determine his function as being to be to do with the how and possibly the when a council policy is implemented rather than the what and/or the why it is to be put in place?
Therefore, despite the GM’s interpretation of SECTION 62, I ask you as Mayor, and an Alderman representing your constituency, will you please provide answers to the questions I’ve posed for the benefit of the wider community – your constituency? I submit that the questions that I’ve put go to the issue of accountability and the aldermanic undertakings enshrined in Council’s Organisational Values.
In fact, is it you position that your constituents do not have the right to ask such questions of you or Aldermen despite SECTION 20 of the Local Govt. Act?
I look forward to your early response to the questions I’ve posed and with considerable interest. Indeed, your response would be appreciated by the close of business tomorrow.
Regards,
Ray
Regards,
Lisa
Lisa Doolan, Executive Assistant to the Mayor I City of Launceston
T 03 6323 3101 I www.launceston.tas.gov.au <http://www.launceston.tas.gov.au/>
From: Ray Norman 7250 [mailto:raynorman7250@bigpond.com]
Sent: Wednesday, 20 January 2016 9:35 AM
To: Lisa Doolan
Subject: Re: Email 18 January 2016
Dear Lisa,
The correspondence to which the mayor refers is not attached thus I’m unsure as which matter he is responding to.
Regards,
Ray
Ray Norman <zingHOUSEunlimited> PH: 03-6334 2176 EMAIL 1: raynorman7250@bigpond.com 40 Delamere Crescent Trevallyn TAS. 7250
WEBsite: http://www.raynorman7250.blogspot.com
“A body of men holding themselves accountable to nobody ought not to be trusted by anybody.”
Thomas Paine
On 20/01/2016 8:38 am, "Lisa Doolan" <Lisa.Doolan@launceston.tas.gov.au> wrote:
Dear Ray,
In response to your email dated 18 January 2016, it is my understanding that under the provision of the Local Government act 1993 determines this to be an operational matter within the province of the General Manager. Within this provenance the General Manager is empowered to do what is necessary as he views it to enact on such matters and therefore it is out of the Aldermen's power to advise on such matters.
Yours sincerely,
Albert van Zetten
MAYOR
Lisa Doolan, on behalf the Mayor I City of Launceston
T 03 6323 3101 I www.launceston.tas.gov.au <http://www.launceston.tas.gov.au> <http://www.launceston.tas.gov.au/>
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