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
Ray Norman
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Thomas Paine
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