SHOALHAVEN 2020: SPECIFIC COMMITMENTS Dennis Argall MEDIA RELEASE 26 JUNE 2008 ENHANCING GOVERNANCE, RESTORING THE RULE OF LAW Given the way our council has done business for a long time, it is easy to lose sight of what an elected council is supposed to do. The new Model Code of Conduct for all councils says councillors have two roles: as members of the 'governing body' and as elected persons. As elected persons they represent community and provide leadership. As the governing body (or board) the elected council should not rip up policy as it goes along. It should make clear policy and give confidence to staff and community about its fair application. "Policy" meaning a set of community-acceptable standards and general guidelines to show how decisions will be made. Leaving aside the pork-barrel rorting of the budget, three decisions of council on Tuesday 24 June savaged three clear existing policies - a decision to allow a B and B to become a restaurant in a residential area, a decision to approve a highway advertising sign and a decision to allow a very small subdivision block. Each of these breaks a rule the council itself has previously established. The problem is that people have come to expect that to get something around here you have to get on the right side of the ruling majority in council and they will whack it through for you. This is entirely wrong. We have to have a 'common portal' for all matters being put to council with no special favours or undue influence by elected councillors or the mayor. An common portal where everyone can see and evaluate and comment on things the council is being asked to do or approve. Returning the elected council to its proper role as a 'board' overseeing integrity of policy. I also propose an overhaul of advisory committees to council. Starting with the Tourism and Arts Boards we need to make changes to get the elected councillors off these bodies, enabling strong, fearless, reality based, entrepreneurial advice that delivers results, strengthens business and community and increases jobs (not on the committee, in the community!!). Everywhere you look, the Mayor's Shoalhaven Independents Group sits over and dominates committees. That delivers inappropriate control, not advice. The most dangerous interfering decision by the elected council this year has been the decision to rip away from the General Manager his authority to prosecute vandalism of the land. The land has rights to protection from vandalism under law equal to the Entertainment Centre. For an elected body anywhere to decide penalties or decisions to prosecute or not - for any alleged offences - is contrary to the rule of law. As the Wikipedia states: "Perhaps the most important application of the rule of law is the principle that governmental authority is legitimately exercised only in accordance with written, publicly disclosed laws adopted and enforced in accordance with established procedural steps that are referred to as due process. The principle is intended to be a safeguard against arbitrary governance, whether by a totalitarian leader or by mob rule. Thus, the rule of law is hostile both to dictatorship and to anarchy." The General Manager's delegation must be restored. Any and all decisions in such matters made by the elected council during the period of usurpation of the General Manager's powers should be set aside, as far as legally possible, and the General Manager given authority to determine, on legal advice, what action is appropriate. Close this window to return to previous document |