REVIEW: Stories abound around the issue of confidentiality in 'civic affairs'. Where ever confidentiality crops up as an issue not too far away there will be contention, debate and often this is unhelpful. It is very easy for a 'culture of secrecy' to take root given what is often at stake in civic affairs.
LCC: NEWS is seeking input from Launceston citizens – residents & ratepayer – with experiences (positive & negative) that may throw some light on the often joked about, 'bitched' about', culture of 'automatic secrecy' that is said by many to prevail relative to civic affairs in the city.
Of course there needs to be a level of confidentiality to appropriately protect peoples privacy as its something we all seek protect for reasons of security at the very least. But, 'appropriate' and 'inappropriate' have become 'deemed conditions'. They are often used simultaneously with 'legal and ill legal'.
There is some under the breath backgrounding going on here and it comes with uncomfortable innuendo ... sometimes laced with an implied legal threat ... quasi and real.
Typically, in local governance, the capacity to pursue and overcome, or pay for, deemed inappropriateness means that any resistance to it just melts away. Mostly, it might not matter but the culture of 'automatic secrecy' can build with unknown and untold consequences.
LCC: NEWS is simply seeking flush out the anecdotal stories to do with appropriate and inappropriate ‘secrecy’ in this arena.
That done the extent of the evidence gathering that needs to be done can be assessed. Arguably, to the extent that it exists, there is a need to address the culture of 'automatic secrecy' if its as deeply embedded as early indications suggest.
SOME BACKGROUNDING
LOCAL GOVT. ACT 1993 ... SECTION 84. Financial statements: ... (1) The general manager is to prepare and forward to the Auditor-General a copy of the council's financial statements for each financial year in accordance with the Audit Act 2008. ......... (2) Any financial statement for a financial year is to– (a) ......... (b) specify any interests as notified to the general manager of any councillor in respect of any body or organisation with which the council has major financial dealings; and ......... (c) contain a comparison between the council's actual and estimated revenue and expenditure for that financial year; and ......... (d) contain a statement of any revenue and expenditure of a council committee, a special committee or a controlling authority; and ......... (da) contain a statement of the operating, capital and competitive neutrality costs in respect of each significant business activity undertaken by the council during that financial year together with a statement of the revenue associated with that activity; and ......... (db) contain financial management indicators, and asset management indicators, specified in an order under subsection (2A); and ......... (e) contain any other information the Minister determines. ......... (2A) The Minister, by order, may specify – ......... (a) financial management indicators; and ......... (b) asset management indicators – ......... to be included in the financial statements of councils. (2B) The Minister is to consult with councils as to the matters to be included in an order under subsection (2A). ......... (3) The general manager is to certify that, in accordance with this Act and any other relevant Act, the financial statements fairly represent – ......... (a) the financial position of the council; and ......... (b) the results of the council's operations; and ......... (c) the cash flow of the council. ......... (4) The general manager is to ensure that the certified financial statements are tabled at a meeting of the council as soon as practicable. ......... (5) In this section – ......... competitive neutrality costs means the costs required to be taken into account under the competitive neutrality principles.
LOCAL GOVERNMENT ACT 1993 - SECT 28C 28C. Confidentiality undertaking ......... (1) If the general manager considers that the information or document is confidential, the general manager may require the councillor to whom the information or document is to be made available to give an undertaking to keep it confidential. ......... (2) If a councillor refuses or fails to give the undertaking, the general manager may refuse to make the information or document available to the councillor..........
Ethical issues and points to consider ......... As part of their role, councillors are required to balance relationships with a diverse range of stakeholders, while also ensuring that they are behaving ethically and in line with the Local Government Act and regulations, their council's code of conduct and any relevant policies. In considering these risk areas, participants should note that the role of a councillor is to represent and serve the public. The public interest should always come first – ahead of that of the individual.
HOW TO CONTRIBUTE ... If any of this sparks a memory or something simply use the comment section below. Please DO NOT use people's names or provide identification information. If sufficient information/stories come to light an assessment will be made in regard to where to next .... Quite possibly the mythology may not turn out to be as dire as some anecdotal story telling suggests … the again ……
I forbid you to publish my comments
ReplyDelete