A councillor —
The CEO’s functions are to —
acquire has a meaning that accords with the meaning of dispose;
dispose includes to sell, lease, or otherwise dispose of, whether absolutely or not; land transaction means an agreement, or several agreements for a common purpose, under which a local government is to —
major land transaction means a land transaction other than an exempt land transaction if the total value of —
major trading undertaking means a trading undertaking that —
expenditure by the local government of more than the amount prescribed for the purposes of this definition, except an exempt trading undertaking;
trading undertaking means an activity carried on by a local government with a view to producing profit to it, or any other activity carried on by it that is of a kind prescribed for the purposes of this definition, but does not include anything referred to in paragraph (a) or (b) of the definition of land transaction.
a local government is to prepare a business plan.
A person can attend the office of a local government during office hours and, unless it would be contrary to section 5.95, inspect, free of charge, in the form or medium in which it is held by the local government and whether or not it is current at the time of inspection —
If a person can inspect certain information under this Division, the person may request a copy of the information and, unless regulations prescribe otherwise, the local government is to ensure that copies are available and that the price at which it sells copies does not exceed the cost of providing the copies.
For the purposes of section 5.24(1)(b), the meetings at which time is to be allocated for questions to be raised by members of the public and responded to are —
Finding 1: City of Melville policy CP-014 provides some overarching principles, the Authorised Persons considered the Policy at the time of this investigation lacked clear directives that are readily understandable by members of the public, Council and the City.
Finding 2: The Meeting Procedures 2017 provide more structure than the City’s previous policy around the procedures to be undertaken for public question time and therefore is considered adequate at this time.
The City advised that they do not have any committees with delegated powers, therefore Committee meetings are not open to the public and do not have public question time.
Finding 3: The City and Council were not open and transparent regarding the current management of public question time by failing to advise the community of a change in the City’s policy.
Finding 4: The allegations that Council failed to respond to all questions is unsubstantiated as questions were answered in writing but not recorded in the minutes.
Finding 5: The Presiding Member did not comply with regulation 7(2) of the Administration Regulations.
Finding 6: There is no requirement under the Administration Regulations for the City to read preambles to questions during Council meetings, or to publish preambles to questions in the minutes provided by Council. Therefore no breach of the Administration Regulations has been identified.
Finding 7: The City and Council are compliant with current policies and procedures. Those policies have now been updated to reflect the way in which public question time is currently managed in practice.
Finding 8: It is the view of the Authorised Persons that the volume, frequency and complexity of questions submitted to Council by some organisations and individuals is extreme and it would be unreasonable to expect that all questions would be answered within the time permitted under the regulations.
Finding 9: There was no legislative basis for the City to request the identity of Complainant A office bearers prior to the processing of the request for information, and more professional and reasonable efforts should have been made by the City to facilitate this request through more effective means of communication.
Finding 10: Complainant A’s request to have almost six (6) years’ worth of information to be provided on a CD in one business day did not come within the scope of section 5.94 of the Act, and was also considered unreasonable in any event.
Finding 11: The Authorised Persons note that the City has clear processes regarding FOI requests. Any complaints regarding FOI should be sent to the appropriate oversight body being the Information Commissioner.
We have reason to believe the City of Melville administration has screened and is still screening inbound emails and on forwarding emails from Electors and entities to others within the City such as the Mayor and the Executive Manager Governance & Legal Services, please confirm:
Emails are not being screened and on forwarded.
In response to questions A and B, these are not applicable as emails are not being screened and on forwarded.
The response to question D is no.”
Finding 12: is the Authorised Person’s view that the City should be more open and transparent with each piece of correspondence. Whatever the status of the correspondence, the way in which it is dealt with should be clearly explained to the author.
Finding 13: That the Mayor and/or the City of Melville failed to respond to requests from individuals or organisations based on the status of the organisation or individual until such time legal advice had been provided to them therefore breaching s5.96 of the LG Act.
That the Council approve the confidential recommendation in Confidential Attachment “A”.
At 8.26pm the Mayor submitted the motion, which was declared CARRIED (8/4)
ATTACHMENT “A” CONFIDENTIAL ITEM OFFICER RECOMMENDATION (3689) That the Council:
Instruct the Chief Executive Officer to acquire 27A, 27B & 27C Moreau Mews, Applecross as one parcel;
Finding 14: Council’s decision to purchase 27 A, B and C Moreau Mews, Applecross did not constitute a major land transaction and therefore a business case was not required.
COUNCIL RESOLUTION (3752) APPROVAL
That the Council approve the confidential recommendation in Confidential Attachment “A” in respect to the purchase of the property at 50-52 Kishorn Road, Applecross for $3,800,000 (exclusive of GST)
The Chief Executive Officer will present a report back to the Council detailing future uses for the property situated at 50-52 Kishorn Road, Applecross together with the City’s adjoining properties situated at 23-31 Moreau Mews. Applecross.
At 10.25pm the Mayor submitted the motion, which was declared
ATTACHMENT “A” CONFIDENTIAL ITEM
The following is the Council Resolution adopted at the Ordinary Meeting of the Council held on 18 April 2017.
COUNCIL RESOLUTION (3752) APPROVAL
That the Council:
Finding 15: The CEO did not have Council’s approval to purchase 50-52 Kishorn Road, Applecross which in turn caused the administration to seek retrospective approval from council.
Finding 16: Questions concerning the City’s compliance with sections 3.58 and 3.59 of the Act in relation to the proposal for the Wave Park have already been dealt with in the Supreme Court proceedings, and the Authorised Persons make no findings in relation to these matters.
Finding 17: There were no adverse findings made by the Ombudsman against the City of Melville regarding either of these complaints.
It is recommended that:
© State of Western Australia. Published by the Department of Local Government, Sport and Cultural Industries, Western Australia, June 2019.This document has been published by the Department. Any representation, statement, opinion or advice expressed or implied in this publication is made in good faith and on the basis that the government, its employees and agents are not liable for any damage or loss whatsoever which may occur as a result of action taken or not taken, as the case may be, in respect of any representation, statement, opinion or advice referred to herein. Department of Local Government, Sport and Cultural IndustriesPerth officeGordon Stephenson House140 William StreetPerth WA 6000Leederville office246 Vincent StreetLeederville WA 6007GPO Box 8349 Perth Business Centre WA 6849Email: firstname.lastname@example.orgWebsite: www.dlgsc.wa.gov.auThis report can be downloaded in PDF format from the Department of Local Government, Sport and Cultural Industries website. Alternative formats are available on request.
Do not submit enquiries with this form.