Minister must support local democracy in his actions
Minister for Local Government Mr Ron Hoenig was mayor of Botany Bay for more than 30 years prior to entering State Parliament.
He is a barrister and was a Public Defender for the State of New South Wales.
His imposition of a "Performance Improvement Order" on Central Coast Council during the voting period in our council elections reflects poorly on the NSW Government and even more so on him, disappointingly so, given his background.
On election day, last Saturday, he issued a media release stating: "Democracy is a vital part of our society and exercising your right to vote is an important responsibility."
However, the timing and nature of his Performance Improvement Order contravenes many principles that are traditionally associated with local government democracy in Australia.
These include recognition of the independence and autonomy of local government.
They include principles of the "separation of powers" of local governments from state governments, of local governments being governed by local elected people accountable to the local community, and of "limited interference" in local government by State governments.
They include recognition of the need to avoid making political decisions in the midst of an election period, which could be seen to be interference with the election.
They include the presumption of goodwill and the need for evidence-based justification before taking pre-emptive control.
They also include reluctance and care in exercising authoritarian legal provisions (such as those under Part 6 of Chapter 13 of the Local Government Act), with such measures only being taken through a transparent process as a last resort where a clear need, proportionate to the threat, is demonstrated and is open to public debate.
They include the "rule of law" which requires disclosure of the consequences for not complying with the order, rather leaving them as a veiled threat.
The Performance Improvement Order was imposed without any public announcement, other than a request to Council Administrator Mr Rik Hart: "It is suggested that Council tables this notice at an open council meeting."
The Order does not allow the newly-elected councillors to act autonomously and independently.
The decision to impose it has not been transparent and it has not been demonstrated that the threat it claims to address actually exists.
There appears to be only one candidate who has espoused policies advocating specific financial performance improvements.
Without specifying the threat, the timing of the order could be seen to be directed against this candidate and be an attempt to ensure his particular policies cannot be implemented.
The order itself does not require any specified "improvement", but rather a continuation of current policies and practices for a period of 12 months.
It contains only one reference to performance measures, being the Office of Local Government financial indicators.
The interpretation of the Council's compliance with the ill-defined Order rests entirely with the Minister, who has power to impose draconian penalties for non-compliance.
It is sensible for the new councillors to take a considered approach to managing Central Coast Council's finances, and that they should be hesitant to make any major changes in their first 12 months in office.
However, imposing an order on them to do so does not help instil confidence that the councillors together with the council staff have the capacity to do so.
Implicit in the McCulloch Inquiry findings was the imperative for the councillors to take control of council finances and be given every possible assistance to do so.
It is contradictory to mouth democratic values and support for the Inquiry findings and then to take this responsibility away from the councillors.
It is premature and counter-productive to impose an Order that implies incoming councillors would otherwise act irresponsibly or behave illegally, consequently undermining the electorate's trust in its council.
If there is one thing required of a Minister for Local Government, it is that he provides the framework for the responsible financial management of councils, through which he can express confidence and provide support to councillors taking their democratic role.
SOURCE:
Editorial opinion, 15 Sep 2024
Mark Snell, Peninsula News