Port Stephens Ratepayers have been unplugged by their Council! Look!
At the Ordinary Council Meeting held on 11 December Councillors voted 7 – 3 to immediately cease broadcasting Council Meetings via the Internet. No notice was given, the item (an implementation review) which was supposed to be item 18 was moved forward on the agenda to number 1 and dealt with summarily, and anyone that thought they were going to watch the rest of the agenda at home was presented with a blank screen.
Despite pledges during their election campaigns (Oh how quickly they would like to forget ! – We haven’t!) Check out Question 5 in each of these interviews on NBN 3, August 30 just before the election. HERE
TRRA Inc.have made our feelings known in a letter to Councillors HERE and the events leading up to this decision and what happened in the meeting are covered in detail up to the point where the Mayor was heard to instruct the IT manager to “Get rid of it”
Press reaction so far is here: HERALD – EXAMINER – EXAMINER
The next day, Wed 12 2012, we found that despite the fact that motions where there is opposition are only supposed to be acted upon after a Council Meeting has been formally closed, and after the required time has expired for a rescission motion to be lodged, this motion was acted on immediately.
There was nothing in the debate, or the motion about the web-cam, to cover the files that had already been archived from previous meetings or the one that was current. The next morning the lot went. HERE
We do not know who took the decision to do this, it is not what the Councillors voted on, or debated, so we ask the age old question, why do these things continue to happen in this Council and what have they got to hide?
Do our Councillors think it is OK in formal Council Meetings to say whatever they like, slander whoever they like including each other (and probably us) tell lies etc. with complete impunity because it is not being recorded? We think Port Stephens deserves better, What do you think?
Comments Below. We encourage you to email or ring your Councillors on how you feel about this, just copy & paste. Their Contact Details are HERE Do it Now!
Latest update.
Last nights meeting was disbanded due to no quorom being formed and the meeting has been reset for next Tuesday night. On the PSC website there is a secondary item for the meeting with my submission along with 2 other submissions against the Code of Practice Meetings and against the removal of the webcasts.
Regards,
Patricia Ann.
Further update on my submission to PSC re the webcasting issue. Tony Wickham called this morning and advised that he had emailed my submission to all councillors and it will be admitted to the meeting tonight. Unfortunately the original submission, though received on 29th Jan, 2013, did not go to the correct area and as PSC is such a large organisation it had gotten lost somehow. Will be an interesting meeting tonight. I look forward to a run down of what happens as obviously there is no webcast or real time minutes taken.
Regards,
Patricia Ann
Just an update on my submission to PSC on the webcasting issue. There is a rescission motion up on the 26th February meeting. In the report it mentions the 6 submissions that were received, noting that one person put in two submissions (naughty person) BUT my submission which was sent from my computer on the 29th January 2013 WAS NOT IN THE SUBMISSIONS! I wondered if it was too lengthy and wordy. I have contacted the council this morning after resending my submission again last night and have re resent it all again today to Peter Geslings office. I wonder if it makes it onto the website before the meeting.
Regards,
Patricia Ann
Congratulations Patricia Ann. A grand compilation of Councillor and Mayoral responsibility.. Thank you!
This is my submission to Peter Gesling in regard to their proposed changes to The Code of Meeting Practice. I sumbit it to the TRRA for your information.
Regards,
Patricia Ann
ATTENTION:
General Manager
Port Stephens Council
SUBMISSION FOR “CODE OF MEETING PRACTICE”
I would like to bring to your attention the following excerpts from Port Stephens Council documents that are pertinent to the above issue.
1. PSC 2007-2001
COMMUNITY ENGAGEMENT (Amended: 22/09/2009 Minute No: 318)
RESPONSIBLE OFFICER: MANAGER COMMUNICATIONS AND CUSTOMER RELATIONS
PRINCIPLES.
1. Commitment to community participation.
Leadership and strong commitment to information, consultation and active participation of the community in planning and decision making. The Council is committed to actively overcoming barriers that may exclude some parts of the community from engaging with Council.
2. Rights.
The people of Port Stephens have the right to access information, provide feedback, be consulted and actively participate in planning and decision-making.
8. Accountability.
The Council has an obligation to account for the use it makes of inputs received through feedback, public consultation and active participation.
2. PSC2005-3231
ASSET MANAGEMENT POLICY (Amended: 8 March 2011 Minute No. 064
REPORT OF GROUP MANAGER FACILITIES AND SERVICES
1. Port Stephens Council is responsible for a large and diverse asset base.
– bear in mind that it is the custodian and trustee of public assets and to effectively plan for, account for and manage the assets for which it is responsible.
3. COMMUNITY ENGAGEMENT
(A guide to COMMUNITY ENGEGEMENT at Port Stephens Council April 2012)
Port Stephens Council’s commitment to community engagement is a core principal of the organisation and exceeds any legslative obligations that we may have.
WHAT ARE COUNCIL’S COMMUNITY ENGAGEMENT OBJECTIVES?
– Increase our engagement reach through the use of social media and continually promote the Residents Panel as a means of engaging with the Council.
4. Councillor’s Induction Handbook 2012
2.2 COUNCIL’S CHARTER
– To bear in mind that it is the custodian and trustee of public assets and to effectively account for and manage the assets for which it is responsible;
– To keep the community and the State government (and through it the wider community) informed about its activities; and
– To be a responsible employer.
3.2 THE ROLE AND RESPONSIBILITIES OF COUNCILLORS
Councillors are elected by the community to represent the interests of that community as well as being a member of the governing board.
this role requires a Councillor to:
– Represent the interests of residents and ratepayers
– Provide leadership and guidance to the community;
– Facilitate communication between the Council and the community;
6.7 Liability as a Councillor
THE ACT PROTECTS MAYORS AND COUNCILLORS FROM CIVIL LIABILITY FOR UNDERTAKING COUNCIL RELATED AND COUNCIL ENDORSED ACTIVITIES. HOWEVER, THE MAYOR AND COUNCILLORS HAVE TO HAVE ACTED IN GOOD FAITH TO BE COVERED BY THIS INDEMNITY.
DEFAMATION LAW APPLIES TO BOTH COUNCIL, THE MAYOR AND COUNCILLORS. THE MAYOR AND COUNCILLORS MAY, HOWEVER, SEEK TO CLAIM QUALIFIED PRIVILEGE. THIS IS DISTINCT FROM ABSOLUTE PRIVILEGE AVAILABLE TO MEMBERS OF PARLIAMENT. COUNCILLORS DO NOT HAVE THIS LEVEL OF PROTECTION.THEY HAVE QUALIFIED PRIVILEGE, WHICH SEEKS TO BALANCE THE RIGHT OF FREE EXPRESSION AS AN ELECTED REPRESENTATIVE WITH THE PROTECTION OF THE INDIVIDUAL’S REPUTATION AGAINST DEFAMATORY STATEMENTS. THE MAYOR AND COUNCILLORS NEED TO BE CAUTIOUS IN CLAIMING QUALIFIED PRIVILEGE. IT ONLY EXTENDS TO STATEMENTS MADE IN GOOD FAITH, WHILE IN THE DISCHARGE OF OFFICIAL DUTY AND AT OFFICIAL MEETINGS ON BUSINESS RELATED TO COUNCIL.
5. Becoming a Councillor
This is a 2011 interim update.
Am I suited to the role of a councillor
– Good communication skills
– Good problem solving skills and analytical skills
– Good teamwork skills
– Good organisational skills
– Knowlwdge or understanding of strategic planning and financial planning and reporting processes
– Ability to engage with your community
– This includes why this important and ways to consult such as through meetings, the internet, public forums, debates and surveys.
– Knowledge or understanding of social justice principles
– this includes why it is important to make sure all people in the comminuty are treated equally, have the right to be heard and are able to participate in public forums and events if they choose to.
– Knowledge of relevant State Government legislation
– Leadership qualities
– Ethical and accountable behaviour
This includes being able to follow a code of conduct that involves, among other things, ACTING IN THE BEST INTERESTS OF THE COMMUNITY AS A WHOLE, TRANSPARENT DECISION-MAKING AND ACCOUNTABILITY.
6. What is the legal framework within which councils operate?
– A council may also be liable for actions carried out negligently that result in damage or injury to people or property.
– Councils therefore need to take care to exercise their powers properly and in accordance with the law.
7. What is the Council’s Charter?
– to have regard to the long term and cumulative effects of its decisions.
– to bear in mind that it is the custodian and trustee of public assets and to effectively plan for, account for and manage the assets which it is responsible.
– to keep the local communityand the State government (and through it, the wider community) informed about its activities.
8. What services and functions do councils provide?
Providing and maintaining infrastructure
– Councils must consult with their local community about providing and maintaining these public assets.
9. What is the role of a councillor?
1. as a member of the governing body of the council to:
– participate in the optimum allocation of the council’s resources for the benefit of the area.
2. as an elected person to:
– represent the interests of residents and ratepayers
– provide leadership and guidance to the community
– facilitate communication between the community and the council.
10. How are councils held accountable to the community
THE NEEDS OF THE COMMUNITY SHOULD BE REFLECTED IN THE DECISIONS OF COUNCIL.
COUNCILS ARE ACCOUNTABLE TO THEIR COMMUNITY THROUGH CONSULTING, MAKING OPEN AND TRANSPARENT DECISIONS THROUGH REGULAR REPORTING.
11. How are councillors expected to conduct themselves?
The role of a councillor is a public one. Whenever councillors appear in public, even though they may not be doing anything related to their council position, they are usually seen as acting in their councillor role and judged in this light. This means that the position of councillor is really a ’24/7′ one.
12. Is a councillor protected from legal action taken against them?
Generally speaking, councillors at meetings of council (or council committees) are protected from defamation by the defence of “qualified privilege”, but only to enable them to speak freely and publicly in undertaking their duties in council meetings. Any comment or statement a councillor makes at a council meeting must be relevant to the council business, made in good faith and without malice.
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I looked through the council website for information to use for my submission against turning off the webcasting of council meetings. The above information is from council minutes or papers readily available to potential and current councillors.
I wholeheartedly am against the rewording of the “code of meeting practice”. I am wholeheartedly against the removal of the webcasting of council meetings and the removal of archived copies of the council meetings.
As a ratepayer of Port Stephens Council, though a resident of Queensland, I am unable to attend council meetings. I, therefore, rely on the webcasting of the meetings to ensure that I have the full information from the meetings to keep myself up to date with the Council’s future plans.
As you can see from the information that I have been able to find to inform myself of the requirements of both Council and Councillors, I was then very upset to hear that the Councillors have concerns about being sued for defamation. I was able to find this information so therefore this information has been and was available to the current Councillors. They made the decision to stand to be elected as Councillors and so therefore they are now required to undertake the commitment that they made to the Community and Ratepayers.
If the current serving Councillors are not prepared to undertake the role that they were elected to do then I call for their resignation and that the Council hold a by-election to replace the Councillors that are not able to perform the role that they were elected to do.
I attended meetings in person before the webcasting, I moved to Queensland and then watched the webcasts live and from the archive. I noticed that with webcasting that the Councillors spoke with much more decorum and with less disparaging comments. This has been a most pleasant side effect of webcasting.
I look forward to the Council revisiting this issue as one of the requirements of both Council and Councilors is to be open, transparent and accountable to the Ratepayers of the Port Stephens Area.
Yours sincerely,
Patricia Ann
This new council is obviously off to a flying start. Macka’s team of 7 has achieved the first item on the agenda. Transparency of meeting proceedings reduced, they will proceed with their program which includes the ridiculous proposed Wallalong housing development.
This has created an enormous amount of anger in west ward among people who barely realised they were in PSLGA, such had been the degree of neglect over many years. TRRA would do well to liase with VOWW (Voice of Wallalong and Woodville) to assist in bringing this new council to account. I admire the the dedication of TRRA.
Moderators Comment: It is TRRA Inc. policy to support the forming of other Autonomous Community Groups and liase with them on matters of common purpose that affect us all. The more directions that opposition and concern come from, the more effective it will be.
I beleive the transpearancy is still there – just means you have to attaned the meetings. As a legal precaution for all groups I think the right choice was made
If you believe the “legal precaution” angle proferred then the “tooth fairy” is probably believable too! It’s just a smoke screen to deny residents and ratepayers from the East Ward transparency in what is really going on at Council. We saw enough on the webcasts before they were deleted to know that eventually some Councillors would need to hide themselves from public scrutiny. Others were conspicuous for saying absolutely nothing.
I read your letter to the councillors (link above), and just wish to clarify that if you had attended Tuesdays council meeting Cr Morello asked four questions regarding matters raised. I think Cr Morello has gotten off to a great start, it takes time to settle into a new postition. There is no point speaking on a matter if others have and you agree, as you stated Meetings can take a bit of time and I’m sure he doesn’t wish to waste it.
Moderators comment: Thank you Belinda, a number of us were watching the meeting live on the Council Webcam instead of driving to RT. All we saw was the first item which Clr Morello voted for, (The Webcam) then they pulled the plug and we were all denied the right to watch the rest of the meeting. We did not see or hear him say anything, this is the point.