Monday, 30 October 2017

THE GLENORCHY STORY ROLLS ON!!

Note: As this story unfolds there is no question that receivers of supposed local Govt. services are the one who stump up and are usually required to shut up! The more roils out the more we see evidence that accountability and the lack of it is the issue. Too much is being invested in achieving far too little and its about time that it stops.

 

There is more to the story in Glenorchy Council tender drama

Greg Barns, Mercury  October 30, 2017 1:00am

 

One feels for Peter Brooks. The general manager of the Glenorchy City Council has been subjected to a relentless campaign designed to paint him as a person with little integrity. As is often the case with such campaigns the truth can be very different indeed.

 

Only a fortnight ago Mr Brooks and a company chaired by former Victorian premier Jeff Kennett made front page news

 

On October 17 the Mercury reported Auditor-General Rod Whitehead had delivered a report in which he expressed concern about the fact the engagement by Mr Brooks and the council of CT Management, a company specialising in local government change management services, without going to tender, "lacked transparency" and failed to comply with the Local Government Act and council's code for procurement.

 

The value of the work is said to be just over $1 million.

 

The Auditor-General said there was evidence of splitting contracts so they were under the amounts of $250,000 and $100,000 respectively — the amounts specified in the Local Government Act and the Council's Code as being when tender provisions operate.

 

The report was great news for former Glenorchy mayor Kristy Johnston, a populist politician, and her friend in government, Local Government Minister Peter Gutwein.

 

What Ms Johnston and the critics of Mr Brooks and CT Management have not said is that in January councillors received legal advice from a senior member of the Tasmanian Bar, Bruce McTaggart SC, that took a different view of the council's arrangement with CT Management.

 

Mr McTaggart was asked to advise on whether the council's engagement of CT Management in 2015-16, which was done without tender, and which resulted in the latter being paid $445,515.84 for work done, was compliant with provisions of relevant codes and legislation.

 

Mr McTaggart's very thorough advice concluded that the splitting of work, heavily criticised by the Auditor-General, was in fact justified. This is because each piece of work done by CT Management was for a "totally different scope of works".

 

In fact, because the council had resolved to accept the work CT Management was doing and going to do, it would "not have been reasonable" for Mr Brooks to have wasted ratepayer funds on tenders.

 

The council did not have to reveal the contracts with CT Management in its 2015-16 annual report, Mr McTaggart concluded, because none of the contracts exceeded $100,000. And, he concluded "engagement of CTMG during the 2015/16 financial year were complaint with public tender requirements" under relevant legislation.

 

Mr McTaggart's advice paints a different picture of the CT Management issue and involvement of Mr Brooks.

 

While the Auditor-General might take a different view it does not mean he is necessarily correct. Tendering processes and whether there is a need to tender are often issues about which there are varying opinions because the rules provide a fair degree of discretion.

 

Perhaps those who are gunning for Mr Brooks, and it seems Mr Kennett indirectly, should examine all the facts and understand the regulatory regimes driving tender processes.

If they did and were able to put aside their prejudices then a more nuanced and considered view of the Glenorchy council mess would emerge.

 

There is another aspect that should trouble anyone with an interest in democracy.

 

That is the decision by Mr Gutwein to indicate new elections for councillors would be on January 16. To hold an election in the middle of the holiday season where there may be a number of new candidates is undemocratic.

 

Speaking of elections, this Saturday the Legislative Council seat of Pembroke is up for grabs. Hans Willink, a genuine liberal, is running. Mr Willink stands for open markets, small government and social liberalism.

 

He is a rare breed in this community where big government and social conservatism go hand in glove.

 

If you support a reduction in the scope of government activity, a preparedness to stand up to lobby groups, and policymaking based on evidence, not prejudice and fear, then Mr Willink is the candidate you should support.

 

Greg Barns is a human rights lawyer. He has advised state and federal Liberal governments.

 

 

Glenorchy aldermen set to learn their resignation fate

SIMEON THOMAS-WILSON, Mercury October 23, 2017 10:21pm

 

THE future of the suspended Glenorchy aldermen who attempted to resign last week is set to be known on Tuesday.

 

Tasmanian Electoral Commissioner Andrew Hawkey will make an announcement regarding the eligibility of the seven Glenorchy aldermen to resign from their positions before they are sacked, should legislation introduced by the Government enabling it do to do so get through Parliament.

 

Following the move by Local Government Minister Peter Gutwein, seven Glenorchy aldermen — Steve King, Jenny Branch-Allen, Harry Quick, Christine Lucas, David Pearce, Stuart Slade and Haydyn Nielsen — all submitted their resignations to the council.

 

But Director of Local Government Alex Tay said they couldn't resign.

 

In response to a joint statement issued by six of the seven on Sunday, Glenorchy Commissioner Sue Smith said they had not been denied the right to resign, rather the council had to get legal advice as to what impact a mass resignation would have regarding a potential by-election.

 

Mr King, Ms Branch-Allen and Mr Slade said council staff only forwarded their resignations to Mr Hawkey when they engaged the services of a barrister to pursue their cases for resignation.

 

Mr Slade, a former mayor of Glenorchy, said he was "staggered" by the response from Mr Tay and council staff.

 

"We are confident in the legal advice we got," he said.

 

Wednesday, 18 October 2017

Kristie Johnston – Glenorchy, TAS ·  STANDING FOR MAYOR

STATEMENT: I CAN CONFIRM THAT I WILL BE STANDING FOR MAYOR at the January 2018 election and my commitment to continuing the clean out of the Council is unwavering.

 

Today, in a remarkable turn of events, the Minister for Local Government has announced his intention to table legislation in Parliament to dismiss the Glenorchy City Council and call a fresh election on 16 January 2018.

 

I have uncovered and shone a spotlight on the cosy deals, the rubberstamping, the waste, the lack of transparency and accountability, and the aldermanic cheer squad for a General Manager found wanting.

 

The draft Board of Inquiry report and now the Auditor-General's report have all independently confirmed my concerns about Council and have vindicated the position that I have taken in seeking to clean it out. The community have the Auditor-General's report but they must be allowed to see for themselves the Board of Inquiry Report so they can be left in no doubt which aldermen have done the right thing and which have done the wrong thing.

 

Now is the time for Glenorchy residents to shout it from the roof tops, have their say and mark it on their ballot papers that the "Gang of Seven" are not welcome back at Glenorchy City Council. Glenorchy residents will be able to elect the Council that they deserve, a Council who puts the community's best interest ahead of their own self-interest and what a remarkably different Council that will be from the one we have been lumbered with for years.

 

The Glenorchy community is a strong and proud community and we have some excellent opportunities for development and growth. With a strong and ethical Council supporting it I have no doubt that this City will prosper.

The power is now with the people of Glenorchy as it rightly should be. I have had a number of people already approach me eager to stand for Council with me. I'm putting the call out today for expressions of interest from anyone who might be interested in standing as a potential candidate on my team. In the coming weeks I will be holding an information session to answer questions about what has occurred at Council, what is involved in running as a candidate and what it takes to be a good alderman for the community.

 

I thank the Glenorchy community for their ongoing support and the faith that they have placed in me to clean out the Council. Together we will have a Council that we can be proud of.

 

Saturday, 14 October 2017

Local Government Bulletins Recent changes to legislation – local government election donation disclosure requirements

Local Government Bulletins Recent changes to legislation – local government election donation disclosure requirements

Purpose
The purpose of this bulletin is to inform local governments of legislative amendments to improve transparency and accountability in respect of local government election donation disclosure requirements.

Details
The Local Government Electoral (Transparency and Accountability in Local Government) and Other Legislation Amendment Act 2017 (the Amendment Act), enacted on 19 May 2017, amended the Local Government Electoral Act 2011 and the Associations Incorporation Act 1981 to:
  • facilitate real-time online disclosures of gifts, loans and third party expenditure for local government elections, consistent with state election requirements
  • set the candidate and third party election disclosure donation thresholds at $500 to align with the threshold for a councillor's register of interest gift disclosures under the Local Government Act 2009
  • require the unspent campaign donations of a candidate/group of candidates at the end of the disclosure period for the election to be either kept in the dedicated account for the conduct of another election campaign by the candidate/group of candidates, or, if the candidate/group of candidates were members of a political party during the disclosure period, be paid to the political party or paid to a registered charity
  • clarify that the Electoral Commission of Queensland may continue to recover the direct and indirect costs associated with the conduct of local government elections from local governments
  • clarify that incorporated associations cannot be used to receive or hold electoral campaign funds which are intended to be applied for the benefit of a member of the association, either directly or indirectly.
The Amendment Act and Explanatory Notes are available on the Queensland Legislation website:
Sections 10 to 24, 27, 28 and 30 of the Amendment Act commenced on 14 July 2017. The remaining sections of the Amendment Bill commenced on 19 May 2017.
The Local Government Electoral (Transparency and Accountability in Local Government) Amendment Regulation 2017 (the Amendment Regulation), made by the Governor in Council on 13 July 2017 and commenced on 14 July 2017, amended the Local Government Electoral Regulation 2012 to prescribe the timeframes for the disclosure of local government election donations and approve procedures for electronic lodgement of returns about the donations.
The Amendment Regulation and Explanatory Notes are available on the Queensland Legislation Website:
Information about the requirements for the disclosure of election donations and loans and for dedicated accounts is also available on the department's website.


BRISBANE STREET MALL REDEVELOPMENT TO GO BEFORE COUNCIL: SEE Social Media

CLICK HERE https://www.facebook.com/CityOfLauncestonOfficial/videos/1350191228413381/

"BRISBANE STREET MALL REDEVELOPMENT TO GO BEFORE COUNCIL: Following extensive consultation, the City of Launceston has released updated plans for the redevelopment of the Brisbane Street Mall.

Launceston acting Mayor Rob Soward said that the key findings from that engagement process were used to shape what elements were included in the redesign, making it more functional, attractive and inviting for retailers and the general public.

Acting Mayor Soward said Council staff had consulted widely on the redesign of the Mall with a broad range of stakeholders during the engagement process.

"Obviously from a Council perspective, it was imperative we talk to as many people and businesses affected by the redesign as possible — and that ranged from retailers, property owners, the Chamber of Commerce and its members, the Aboriginal Reference Group, Cityprom, Tasmania Police, the fire service and of course the wider Launceston community just to name a few," he said.

Some of the key design elements that resulted from the consultation include:
- Improved sight lines and crossing points;
- Improved passive surveillance, across and along the site
- New central events and activities spaces
- Public art and interactive play throughout the space
- New shelters - two larger multi-functional shelters
- Seating design options revised
- Street furniture placement review versus shop front entry
- Tree locations revised and established trees will be managed so that they provide a larger tree canopy
- Revision of garden bed features

The Mall redesign is intended to provide a flexible space that can be used throughout the year, including after 5pm, a clean and uncluttered premiere shopping environment and pedestrian covered crossing points joining both sides of the Mall.

"These will also provide additional shelter for events and activities and improved security, visibility and passive surveillance throughout the space and unrestricted views to shop fronts, as well as public art provisions throughout the site, including interactive play, and high quality street furniture," Acting Mayor Soward said.

"It will become a quality public realm with a high level of finish and detail, it will be comfortable and safe, multi-generational in that it will be an inviting space for people of all ages, somewhere people will want to visit and shop, and be identifiably Launceston.

"A great deal of time and effort went into maintaining views and improve connectivity to shops. The focus was also to minimise obstructions and obstacles through the space, while seating and tree placement was maximised to consider doorways of shops in the Mall.

"There was also a focus on removing the planter beds, which was deemed inappropriate use by the public."

Once completed, the redesign will feature approximately 100 flexible communal seats. Some of these seats will feature backs and arm-rests, while others will be more flexible and allow people to face in a number of directions.

The Council will consider the designs for the Brisbane Street Mall redevelopment and decide on whether to proceed to detailed design and tender at its general ordinary meeting on Monday."

QUESTIONS ARISING

  • "Extensive consultation" When did that happen? ... What did it look like?? ... Who did it??
  • Who's paying for this development and HOW??
  • INDEED, how was the funding arranged and so quickly???  
  • How and when were ratepayers engaged with in the funding process??
  • When were the ratepayer consulted in regard to something that was going to (likely to) impact upon their rates, and heavily, well into the future??
  • Who is making the 'cultural placemaking decisions' and on whose authority??

So, so, many questions!!

EDITORS NOTE: As has been said elsewhere, his social media posting is not much more than propaganda and it is worth quoting Vladimir Lenin here "A lie told often enough becomes the truth."

Thursday, 12 October 2017

Call for submissions to Tamar Estuary Management Taskforce

The City of Launceston has a lead role exploring future options for the city's combined system as part of the work being undertaken by the Tamar Estuary Management Taskforce.

 

The Council is working with Taswater and other experts to identify improvements that will benefit the health of the Tamar Estuary.

 

The Tamar Estuary Management Taskforce has been established by the State Government as part of the Launceston City Deal; a strategic partnership between all three tiers of government designed to guide the future of the city.

 

Submissions are currently open for individuals and organisations to help shape the future of the Tamar River Estuary.

 

To find out more, visit:http://www.stategrowth.tas.gov.au/h…/about_us/infrastructure

 

Sunday, 8 October 2017

A Matter Of Concern: Launceston City Council


"This is the wording of the email the Acting City General Manager sent to our elected aldermen last week. "A robust debate in council that does not result in the required absolute majority will significantly damage relations and our reputation, especially when the university has been organising speakers to attend the meeting supporting the proposal."

  • How serious is this matter of a city official trying to influence the direction of debate?
  • How serious is it that he warns our elected representatives against carrying out 'robust debate'?
  • How serious is it that he, or anyone else involved behind the scenes, is trying to influence the democratic process by trying to block proper debate?
  • Why was he warning about debate and not getting 'the required absolute majority' result?
  • And how serious is it that his main worry is "especially when the university has been organising speakers to attend the meeting" to support the proposal (the agenda item to give away 5 parcels of ratepayers' land for free).
Has the Council given away more than 5 parcels of land through its cosy association with some sections of the university? It appears to have given away a basic democratic right, the right of elected representatives to freely debate an issue in public without threats or warnings.

Perhaps the ratepayers and residents of Launceston can be thankful to Alderman Gibson for blowing the whistle on such actions.  (Whistle blowers are protected by legislation, so it is hoped that Ald, Gibson has not been bullied by anybody in the Council since he blew the  whistle.)

Is the seriousness of the content of the email and the nature of the cosy relationship between Council and sections of UTas cause for public concern?"








Tuesday, 3 October 2017

Letter to the Editor

The asset exchange of land from the City of Launceston to UTas should be an issue of great importance to ratepayers.

In this instance Alderman Gibson was correct for raising the matter and should not have been attacked by the Mayor and the Acting General Manager, as proper process had not applied by Council.

The fact is that this Agenda Item was premature and questions as to:

  • Why the Agenda Item was “silent” as to the impact on the future of the QVMAG at Inveresk
  • Why Council management were instructed not to speak to anyone who had an interest in the city’s significant cultural asset.
  • Why our Mayor appears not to support robust and honest debate at the Council table.
  • Why the former General Manager, now employed by the Colac-Otway Shire, was the author of this report.
  • Why have the ratepayers been treated with such obvious distain by both the Council and UTas over the past few years.

Former Alderman Basil Fitch is quite correct in saying that this matter should be referred to the Integrity Commission and other State regularity bodies to investigate the gifting of public assets and as to the process undertaken.

It has been proven that the process has been incomplete, as to sewerage and stormwater capacity of the Inveresk suburb, together with no traffic management or car parking plan to ensure a Master Plan is published for community consultation and input.

The consequences of this failure by the Council should be of real concern.


Ian J. N. Routley, West Launceston

Appeal date set for Brooks

A last ditch effort to stop a report on the operations of the Glenorchy City Council from being made public will be heard in Hobart Supreme Court later this month.

Council general manager Peter Brooks has launched an appeal against a decision made last month for the Board of Inquiry investigation to proceed and for the final report to be handed to Local Government Minister Peter Gutwein.

Defence lawyer Shaun McElwaine maintained that Mr Brooks had been denied natural justice through the inquiry process and the "damning" report would cause him reputational damage.

Justice Michael Brett on Wednesday set a date of October 23 at 10am to hear the appeal before a full court… MATT MALONEY 3 Oct 2017, 4:31 p.m.