FW: QVMAG Governance & Management

For The Record
Forwarded Message
From: Robert Dobrzynski <Robert.Dobrzynski@launceston.tas.gov.au>
Date: Sun, 17 Jan 2016 21:15:32 +0000
To: Ray Norman 7250 <raynorman7250@bigpond.com>
Cc: Mayor <Mayor@launceston.tas.gov.au>
Subject: RE: QVMAG Governance & Management

Good Morning Ray,
 
As I have indicated to you on numerous occasions the General Manager has substantial powers and authority under the provisions of the Local Government act 1993 to, in particular manage the employees, operations and assets of the Council. The General Manager is empowered to do anything necessary or convenient to enact such operational powers and authority. I will not be engaging with you on these matters.
 
Regards
 
Robert
 

From: Ray Norman 7250 [mailto:raynorman7250@bigpond.com]
Sent: Monday, 18 January 2016 8:10 AM
To: Robert Dobrzynski
Subject: QVMAG Governance & Management

Good morning Robert,

In accord with your ‘Christmas Letter’ to me 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 rather urgent answers. They are:

1. Have you appointed, or are you about to appoint, a “high-flying cultural consultant” to advise you on QVMAG governance?
2. Has this appointment, albeit a governance matter, been drawn to the Aldermen’s attention – either formally or informally?
3. Are the relevant qualifications and professional experience of the consultant known to the Aldermen as the QVMAG’s Governors and Trustees?
4. By what means was this consultant’s availability and professional standing discovered?
5. What is the estimated cost of this appointment and the possible/likely associated research?
6. When will the QVMAG’s Community of Ownership and Interest be advised of the appointment given that many are log-term conscripted investors in the institution?
   

Arguably, all of these questions, in the end, and by extension, come back to the issue of accountability – council’s and by extension yours.

I’m well aware that you have said that you have no intention to engage in a running commentary in regard to this or any other QVMAG issue. Somewhat poignantly you invoke SECTION 62 of the Local Govt. Act which you’ve invited me to read. I’ve done so long ago but have done so again upon your invitation. And, it seems that I’ve come to quite a different interpretation than the one you have 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; or
(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 you remind me) do anything necessary or convenient to perform his or her functions under this or any other Act.

In invoking SECTION 62 are you telling me that you have the same powers and functions as does Council? If so, where in the Act is the evidence for that? Does not the Act determine your function 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 your interpretation of SECTION 62, I ask yet again, will you provide answers to the questions I’ve posed for the benefit of the wider community?

I look forward to your early response to the questions I’ve posed.

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

 <https://twitter.com/LtonCityCouncil>  <http://www.youtube.com/user/LauncestonCtyCouncil>  <http://www.launceston.tas.gov.au>  <http://yourvoiceyourlaunceston.com.au/>

Please consider the environment before printing this, or any other e-mail or document.

________________________________________
CONFIDENTIALITY NOTICE AND DISCLAIMER

Information in this transmission is intended only for the person(s) to whom it is addressed and may contain privileged and/or confidential information. If you are not the intended recipient, any disclosure, copying or dissemination of the information is unauthorised and you should delete/destroy all copies and notify the sender. No liability is accepted for any unauthorised use of the information contained in this transmission.

This disclaimer has been automatically added.


------ End of Forwarded Message