Submitted by Kangaroo Island Councillor Ken Liu, 2011.10.12:
My main reason for putting the 14 ‘questions on notice’ at the October 2011 Meeting was my concern over the manner in which Council has been conducting its informal gatherings which are closed to the public and have no notes recorded.
From Council’s response to these questions, the public can then make their own judgment on whether these closed meetings are in fact legal and in the best interests of the community, in particular whether those matters which have been discussed at these informal gatherings in recent times should be excluded from being normal agenda items of a Council Meeting where the community is allowed to attend and be informed of current important issues.
Cr Ken Liu, Oct. 2011
Questions on Notice, October Meeting of Council (12/10/2011)
Re: Informal Gatherings
Item 8.1.1
REPORT TITLE: CR KEN LIU – QUESTION ON NOTICE – INFORMAL GATHERINGS
Answers to questions: ANDREW BOARDMAN, CEO
Given the recent publicity in The Islander over the past few weeks on the legality of conducting Informal Gatherings by Council and the number of enquiries I have received, I seek response to my questions outlined below in order to clarify concerns raised by the community in relation to this issue:
Question 1
How many Informal Gatherings has Council conducted over the past 3 months between July and September 2011?
Answer 1
Five Informal Gatherings have been held.
Question 2
What were the dates of these Informal Gatherings held during this period?
Answer 2
Informal Gatherings held on 13 July, 28 July, 11 August, 16 September and 28 September 2011.
Question 3
What were the subjects listed in the agendas for discussion at those Informal Gatherings?
Answer 3
Agendas are not provided, only items to be discussed. These have been distributed to all Councillors prior to the gathering.
Subjects considered:
RDA Re: Renewable Energy on KI
Paradise Girt By Sea
Overview of Community Cabinet Visit
Road Infrastructure Discussions Update
Update on Minister Albanese’s Visit – 10 August
Penneshaw Encumbrance Matter
CEO’s KPI’s
Surfing SA Event
ACEO Exit Report
Box Point Road
Conduct for Elected Members Policy & Procedure
Major Plant Review
Correspondence Listed in the Council Agendas
KI Carbon Neutral
Elected Members Questions
Penneshaw CWMS
CEO & Elected Members Information Session
Advance Kingscote Re: 175th Sculpture
Surf SA Event, Vivonne Bay – Update from Public Meeting held 8th September
Elected Member Capacity Building
Cr Walkom’s Airport Report
Regional Aviation Briefing Day & LGA Regional Aviation Session
RDA
Briefing Re: Alternative Energy
Community & Sporting Events on Council controlled land (policies)
CPM & TOMM Survey Data (Review & Analyse)
Policies identified as required/desirable to be developed
YAC & Funding Opportunities
Question 4
Were there any matters which were not listed in the agendas discussed at these meetings? If so, please provide the subjects which were discussed.
Answer 4
Items raised under “Elected Members Questions” where any Elected Member can raise a question on any subject
Two draft Policies for review were distributed on 16th September for review – these were not on the circulated list of topics for discussion – they were not discussed, only circulated for comment.
Question 5
Of the matters referred to Question 3 & 4 above, which items will be put before the Council for consideration at a future formal meeting of Council?
Answer 5
Any that needs a report for formal debate and resolution.
Question 6
Why couldn’t Council publish the subjects discussed at all Informal Gatherings in the paid ‘Council Matters’ column of The Islander, so that the community will be informed of issues currently considered by the Council, as it will ensure transparency and openness on Council’s decision making process, as well as to gain community trust and confidence in Council?
Answer 6
Informal Gathering subjects will be published in ‘Council Matters’ providing subjects are determined far enough ahead of the Informal Gathering. As approved at the 17 August 2011 Council Meeting Informal Gathering subjects are included on Council’s website and displayed on the Council notice board facing Dauncey Street.
Question 7
Why is it that both of the reports on CPM and TOMM survey data (completed 2 months ago) which previously formed part of a normal agenda items, were discussed at the last Informal Gathering on 28 September 2011 and not presented to a formal meeting of Council for consideration where the public is allowed to attend, as the community has the right to be informed of the results of these surveys?
Answer 7
As advised at the informal gathering on 28th September both will be the subject of formal report to Council.
CPM data has been available for nearly 2 months but operational priorities have taken precedence. CPM survey response were also required from Elected members, Senior Managers and Staff and these results will be collected and presented along with all in a formal report to Council on 12th October.
TOMM data – as stated at the informal gathering on 28th September, this report had only been accepted in draft form at the TOMM meeting on 27th September – the formal report will made available to all once it has been completed.
Question 8
I was informed that at the meeting of 28 July where I was absent due to personal commitments, Council endorsed the support for the Kangaroo Island Future Authority (KIFA) announced by the State Government and that a formal report with recommendations to effect the decision would be included in the agenda of the August meeting of Council.
If it was correct, what was the reason for the delay in submitting this report to Council for a resolution?
Answer 8
There was no Council meeting on 28th July, only an informal gathering and no endorsement can occur in this forum. Any support for the work of the Authority will be brought to Council as and when necessary.
As we have no idea how KIFA will function other than the broad terms of reference within the Paradise Girt by Sea document we have nothing to work with to formulate any kind of endorsement. We would hope that the Authority will meet this month and indicate to Council and the Community how it intends to work through the recommendations contained within the report.
Question 9
At the 28 July Informal Gathering, I understood that it was decided to offer a parcel of Council land near Kingscote Oval to SA Government for emergency housing development.
Would the CEO confirm whether it was correct in what I heard about the proposal which was agreed to at this Informal Gathering? If so, when will this commitment be referred to Council for a formal endorsement?
Answer 9
Councillors were informed of the various discussions between the Mayor, CEO, ACEO and Ministers during the cabinet visit. The opportunity to assist in the provision of emergency housing was discussed. The informal gathering was also informed that discussions with the Department would continue and a report brought before Council as and when appropriate.
Question 10
At the 28 July Informal Gathering, I also understood that the Elected Members were given a briefing on the options and conditions relating to the $2M per year road funding from the State Government.
When will a full report (if it is not ready, an interim report at least) on the $2M Road Funds be placed in the agenda so that the public will be informed of the current status of the road funding, when and which roads are programmed for upgrading?
Answer 10
The discussions at the informal gathering on the 28th July elaborated on the major issues uncovered during the process of discussing the various options that the $2M funding present – at the point it was still unclear as to the best way to progress this and discussions with DTEI, the Minister, the Grants Commission and our Consulting Engineers were in progress.
A full report is before Council for consideration on 12th October.
Question 11
Is it correct that acting CEO, Mr John Coombe presented his ‘exit report’ at Council’s Informal Gathering of 11 August 2011? If so, has this report been presented to Council with his recommendations which was agreed to at the gathering?
Answer 11
Yes, ACEO Mr John Coombe’s Exit Report was presented to the 11 August 2011 Informal Gathering and his recommendations discussed at length. Administration undertook to present a summarised version of the report in the form of an action list delineating those actions recommended for the Mayor, Elected Members and the Senior Management Team. This summary document was presented to Elected Members for review at the gathering on 16th September. No additional discussion took place at this meeting. Should Elected Members feel that this report needs to be formally presented along with the prioritised list of actions then we can look to do this at our November meeting.
Question 12
Section 90(8) of the Local Government Act 1999 referred to in the article published in ‘Council Matters’ on page 2 of The Islander (22/9/2011) was edited, in particular where the subsection of the Act requiring Council to hold meetings open to the public on conditions. Failing to provide the full Subsection of this Act, Council could be accused for misrepresenting the objective of the Act to justify for conducting closed meetings.
What were the reasons for omitting the key portion of Section 90(8) of the Local Government Act 1999 where it refers to Council’s duty of holding meetings at a place open to the public?
Answer 12
The answer to these questions was provided to you on 26th September in response to your email of 24th (below). We have since amended the public notice of Informal Gathering to include the section of the Act in full so there can be no possibility of Council misrepresenting the objective of the Act.
From: Andrew Boardman Sent: Monday, 26 September 2011 9:16 AM To: ‘Ken Liu’ Subject: RE: KI Matters Re Informal Gatherings
Ken – morning
Thanks for your email
There was no intent in failing to include the former section – the purpose of the article was not to quote the act in its entirety merely to highlight why we might hold an informal gathering and the sorts of matters that could be discussed at them. I can see why you may have concerns that the Act was abbreviated and again will confirm that there was no deliberate decision to do this on our part. To be honest, Council Matters was never intended for this sort of thing but given that there was public disquiet about these matters we needed to address them broadly and give the community the opportunity to come to me directly if they were concerned.
I am happy to talk though this further at our next gathering.
With regards to our getting together (which we have not managed yet) – could you do something this week at all?
regards……………….Andy
From: Ken Liu [mailto:ken.liu@bigpond.com] Sent: Saturday, 24 September 2011 9:32 PM To: Andrew Boardman Subject: KI Matters Re Informal Gatherings
Dear Mr Boardman,
I refer to the article published in ‘Council Matters’ on page 2 of The Islander (22/9/2011) and note that Section 90(8) of the Local Government Act 1999 was edited, in particular where the Act refers to duty of holding meetings at a place open to the public.
It is my personal view that Section 90(8) of Act can be misinterpreted if this important portion of this Section of the Act is omitted. Further, failing to provide the full Section of this Act, Council could be accused for misrepresenting the objective of Section 90(8) of the Act in order to justify holding closed meetings.
I would appreciate your comments on my concern and as to why the full Section 90(8) of the Act was not published.
Regards
Ken Liu
Question 13
At the 11 August Informal Gathering, Elected Members were provided with a copy of 9 letters addressed to the Mayor opposing the Vivonne Bay Surf Pro together with a report responding to 5 questions from Eco Action KI and 15 questions raised at the public meeting held on 4/8/2011, for discussion and consideration. It was agreed/decided that all correspondence and issues relating to Surf Pro be passed onto the organizer, Surfing SA for its attention. However, according to Council’s policy, procedure and practice, these correspondences received were supposed to be placed in the agenda of the Council meeting for a decision or information, so that the public can be informed of issues raised by KI community.
Why did these correspondences opposing the Surf Pro not form part of a normal agenda of a meeting of Council which is open to the public?
Answer 13
Reference to letters received expressing concern with the Vivonne Bay Surf Pro Event were detailed in the attachment to Report Item 19.1.1 to the 17 August 2011 Council meeting advising that copies had been previously provided (being at the 11 August 2011 Informal Gathering). Hard copies of these letters were available for perusal at the front counter with the agenda papers and at the Council meeting on request.
Question 14
It has been Council’s ‘custom and practice’ that there would be no motions at Informal Gatherings and Workshop sessions and actions agreed to at the meeting are by consensus. There are no minutes of these closed meetings, but actions are recorded and copies of which are provided to Elected Members for their perusal. However, since the 11 August Informal Gathering, there have been no notes and action sheets made available to the Elected Members.
When did Council change its policy to cease recording actions taken at Informal Gatherings and what were the reasons for not providing notes taken at these meetings to Elected Members, which has been the ‘custom and practice’ of this Council for some time?
Answer 14
Custom / Practice or otherwise there can be no motions at an Informal gathering – they are not formal Council Meetings and any actions that are requested resulting from discussions are either formal requests for report to Council or informal requests for further information to be collated and presented at the next Gathering.
Action lists were recorded by an Officer as an internal tool to capture any actions for officers, for instance that a particular report be prepared for consideration at a future Council Meeting.
The following motion was considered by Council and lost at its 17 August 2011 Council meeting being:
“That in order to maintain accountability and to assist in providing references that the informal meetings be recorded.”
Given this motion was lost informal gatherings are not recorded formally.
Elected Members and Council Officers do take their own notes to ensure that the salient detail is not lost and to remind them of actions they may need to follow up on.