Reform Wollongong City Council

Encouraging a genuine community conversation on reforming our local government

Archive for October, 2009

"Reconnecting the community with the planning system"

Posted by reformwcc on October 31, 2009

FREE WORKSHOP:

“What do you think of the NSW planning system? Come along to one of the following workshop to share your views.

These workshops are funded by the Department of Planning NSW and will be jointly facilitated by the EDO and TEC.

Light refreshments will be provided

Sat 14/11 Wollongong Aboriginal Cultural Centre, 22 Kenny St 1pm – 5pm

For more information or to RSVP,
contact Dave Burgess at daveb@tec.org.au or on (02) 9261 3437 “

(other workshops in other cities).

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The Act says we can have 'both' at Sect 256(1)b

Posted by reformwcc on October 31, 2009

Local Government Act 1993 No 30

Division 6 Appointment of administrator

255 Governor may dismiss mayor and councillors

(1) The Governor may, by proclamation, declare all civic offices in relation to a council to be vacant if:

(a) a public inquiry concerning the council has been held, and

(b) after considering the results of the inquiry, the Minister has recommended that the Governor make such a declaration.

(2) The Governor may, by proclamation, declare all civic offices in relation to a council to be vacant if the Independent Commission Against Corruption, in a report referred to in section 74C of the Independent Commission Against Corruption Act 1988, recommends that consideration be given to the making of such a declaration because of systemic corruption within the council.

(3) If the Independent Commission Against Corruption makes such a recommendation, all civic offices in relation to the council may be declared vacant under subsection (2) without the holding of a public or other inquiry concerning the council. However, the making of such a recommendation does not preclude the holding of a public or other inquiry.

256 Governor may appoint administrator or order fresh election

(1) By the same proclamation under section 255 or by one or more subsequent proclamations, the Governor is:

(a) to appoint an administrator of the council for a specified term, or

(b) to order the holding of a fresh council election,

or both.

(2) The Governor may, by those or other proclamations, make such further orders as the Minister recommends are necessary in the circumstances.

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Need for local government election 2010 – letter to The Hon Barbara Perry M.P Minister for Local Government

Posted by reformwcc on October 28, 2009

28 October 2009

The Hon Barbara Perry M.P.
Minister for Local Government
Governor Macquarie Tower
Level 33, 1 Farrer Place,

SYDNEY NSW 2000

Dear Minister Perry,

WOLLONGONG CITY COUNCIL – NEED FOR ELECTION – 2010

The unfair dismissal of our non-corrupt Councillors by your government on the grounds systemic corruption was an over-reaction when it happened in March 2008. We had a majority of honest and hard working Councillors more than capable of managing our local government business.

As a consequence, your government has unfairly denied the people of Wollongong our civil, political and human rights to be democratically represented in our local government at all times.

ICAC REFORMS IN PLACE

There have been consistent announcements from the three State- appointed Administrators that the reforms required by the ICAC inquiry into Wollongong City Council are in place and all is working well at WCC.

The WCC planning documents for the period 2009-2012 provide no information as to any reform process during the period to the next planned local government elections in September 21012. There are no specific areas of reform identified and, consequently, no objective criteria for assessing when that reform has been achieved.

NO REASON WHY THERE SHOULD NOT BE AN ELECTED COUNCIL

In seeking to determine, then, why there is any reason why any remaining reforms resulting from the ICAC inquiry could not take place with the presence of elected Councillors I wrote an Open Letter to the Administrators on July 27 2009 (copy attached) to provide them with an opportunity to inform me and other interest people in the Wollongong why we could not have elected Councillors present for any remaining reform program.

The WCC General Manager has now replied on behalf of the Administrators (copy attached). Provided with the opportunity, the State appointed Administrators and WCC General Manager are unable to provide any reason as to why any remaining reforms cannot take place with an elected Council. This is hardly surprising since there was never any real reason why reforms could not have taken place with our non-corrupt Councillors present – and representing our community interests in reform.

Not only is there no longer any good reason why the people of Wollongong should be denied local government representation in the form of elected Councillors, but there is also compelling reasons as to why the normal local government situation should be restored without undue delay.

COMPELLING REASONS FOR ELECTED LOCAL COUNCILLORS

These compelling reasons include the need for having an elected civic leadership during a time of a global financial crisis unprecedented in the life of Wollongong City Council.

While senior bureaucrats are, by definition, competent managers, they lack the extra and special dimension which comes from having to stand for office and to be accountable to the wider constituency. We need that extra ability in Wollongong’s civic leaders – for our city to be able to maximise our opportunities vis-à-vis other NSW cities both during this time and into the intermediate future. Without it, we are further penalised – for reasons which were never sound, and are now unsustainable.

NO CRIMINAL CHARGES FOR NORMAL COUNCIL ACTIVITIES

Added to the picture, in recent weeks, is the fact that – as a result of the ICAC inquiry – it appears the Director of Public Prosecutions (armed with all the materials made available by an extensive ICAC investigation) will be bringing no criminal charges against any former WCC Councillor relating to corrupt activities in the conduct of Council business prior to the Inquiry. As things presently stand, there will only be criminal charges for former Councillors for matters arising during the inquiry itself, and even these are yet to be tested in court.

This absence of criminal prosecution for matters prior to the ICAC Inquiry makes nonsense of the initial justification for the dismissal of our non-corrupt Councillors on the grounds of ‘systemic corruption’ at Wollongong City Council. In light of the decision by the DPP, that position is no longer credible and can certainly no longer be sustained as a reason to deny us our elected Councillors.

SLUR ON THE GOOD NAME AND REPUTATION OF WOLLONGONG

The unfair dismissal of the majority of our honest and hard working Councillors by the NSW ALP government has resulted in an undeserved national and international slur against the good name and reputation of the people of Wollongong.

We, in Wollongong, have always been capable of managing our own affairs and should have been provided with the opportunity to replace any Councillors deemed corrupt by ICAC by way of a by-election at that time.

The only real means of restoring our reputation is to hold a local government election without further delay. If an election is not held until September 2012, the unjust slur against the good name and reputation will remain for all time – and that will constitute the lasting legacy of the ALP to Wollongong.

WHAT RESTORATIVE ACTION FROM NSW ALP GOVERNMENT?

The Administrators do not really understand our communities. They have just voted to install parking meters in our city, despite the solid local objection to this move. There are also growing complaints from people in Dapto regarding long-term planning measures passed by the Administrators against well-informed local advice.

The NSW ALP has played a key role in bringing about this unfair situation for Wollongong’s people, despite the many decades of popular support for your party. It is now time alright – time for your government to accept mature responsibility for putting things right.

As there is no clear reason as to why any remaining reforms (if any) cannot be undertaken in the presence of elected Councillors, can you inform me – and other interested people in Wollongong – what action you and your government will be taking to ensure that full democratic participation in our local Council’s decision-making processes is restored by way of a local government election to be held in Wollongong as soon as possible in 2010?

Yours truly

(signed)
Bruce Reyburn
Coledale resident, WCC ratepayer.

cc. C Hartcher MP Shadow Minister for Local Government: Hon D Campbell Minister for Illawarra; Hon G Pearce Shadow Minister for Illawarra; Sylvia Hale MLC; WCC GM D Farmer; www.reformwcc.info

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Court proceedings begin for three former WCC Councillors.

Posted by reformwcc on October 28, 2009

ICAC claims: Gigliotti enters not guilty plea
BY COURTNEY TRENWITH
28/10/2009 Illawarra Mercury

“The first criminal prosecutions stemming from corruption findings at Wollongong City Council began in a Sydney court yesterday.

Sacked Wollongong councillors Frank Gigliotti, Kiril Jonovski and Zeki Esen are the first to be charged after an Independent Commission Against Corruption inquiry found there had been systemic corruption in the council involving 13 people.

Some of the evidence heard during the ICAC inquiry last year is expected to be re-aired in the criminal cases against the former councillors.

ICAC is waiting for advice from the Department of Public Prosecutions before it makes a decision whether to prosecute eight others who Commissioner Jerrold Cripps recommended be considered for criminal charges.”

Full story:

http://www.illawarramercury.com.au/news/local/news/general/icac-claims-gigliotti-enters-not-guilty-plea/1660850.aspx

————–

Reformwcc says:

The charges, as they have been reported, are not for corrupt behaviour prior to the commencement of the ICAC Inquiry but arise as a direct result of conduct at the ICAC Inquiry. ICAC had years to acquire solid evidence of corruption. These charges provide little support for the view of systemic corruption at the Councillor level of the sort which justifies removing our non-corrupt elected Councillors.

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Open Letter – WCC GM Farmer responds on behalf of the Administrators

Posted by reformwcc on October 25, 2009

In an Open society committed to Open government an Open letter represents an invitation for those in positions of authority to enter into dialogue by way of an Open (frank and honest) reply;

On 27 July i sent an Open Letter to the WCC Administrators. The Open Letter asked:

“The absence of our elected Councillors and Lord Mayor (and properly resourced Precinct Committees) places the people of Wollongong at a severe disadvantage both in terms of (1) dealing with the negative impacts of an unprecedented financial crisis and (2) from timely participation by our representatives in the decade of building recovery.

In light of this, and the lack of any relevant information in Council’s planning documents to 2012, I request that you provide me (and other interested people in our City of Wollongong) with the specific reasons as to why any of the remaining corrective measures required as a result of the ICAC investigation into Wollongong City Council cannot now be implemented, either in part or in full, with the presence of newly elected Councillors (who have not been found to be corrupt).”

(See – Open Letter to the WCC Administrators - http://reformwcc.info/?p=571 )

The unfair dismissal of our non-corrupt Councillors has placed enormous power in the hands of four unelected bureaucrats – the three Administrators and the WCC General Manager.

How do  State-appointed Administrators and their General Manager respond when presented with an Open letter which raised matters which go to the very heart of local democracy?

Read for yourself and make your own mind up. Click on link for pdf.

GM Farmer

My assessment –  as a resident and ratepayer:

WOLLONGONG CITY COUNCIL – WORKING WITH YOU – NOT!

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Where are we in the professional engineers' vision?

Posted by reformwcc on October 23, 2009

Association of Consulting Engineers Australia (ACEA)Launches “Sydney Towards Tomorrow” Report

The themes targeted in Sydney Towards Tomorrow include:

1. Sustainability; 2. Planning; 3. Attractive densities and land use mixes; 4. Funding; 5. Social issues; and

6. Governance.

“Sydney Towards Tomorrow identifies six key areas of priority that will help to address Sydney’s future infrastructure requirements. It advises and recommends the policy, planning and regulatory reforms required to help protect Sydney’s future growth and prosperity. Its strategic focus is on urban planning integration and transport infrastructure rather than providing a list of infrastructure priorities for Sydney.

It has provided a forum for innovative thinkers from across a wide range of engineering and consulting firms to develop a plan for Sydney (the Newcastle/Sydney/ Wollongong conurbation) as the ‘City of Cities.’ “

KEY RECOMMENDATION 4

Consolidate local urban councils from 42 to 11 (in the Sydney Basin) and one regional council for each of Newcastle, Illawarra and the Central Coast.

LOCAL COUNCIL REFORM

The ACEA proposes the formation of strong, efficient regional local governments to manage the greater urban area, delivering services at a lower net cost to the community. This would require all existing Local Councils to be abolished and their services in the identified region being amalgamated into the new regional governments.

An Illawarra Regional Council with approximately 300,000 residents and control of Wollongong and the growth areas of Shellharbour and Kiama (see Map 3 in the ACEA report);

Regional local government will have local planning committees that will involve ward councillors and council’s own professional staff to deal efficiently with local minor development matters.”

A key question for these unelected professional engineers (with their drawing board infrastructure ‘vision’ of  life and ‘efficiency’) is – “Where does this leave local community participation in the decision-making process in order to deal with the many other pressing real problems we face?”

To read more, please download a copy of the full report availble from:

http://www.acea.com.au/content/wsc.aspx?ID=14

See FIGURE 3, IAP2 PUBLIC PARTICIPATION SPECTRUM on page 20. Where are we in the engineers’ vision according to that spectrum?

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Coming soon – the Rod Oxley story

Posted by reformwcc on October 21, 2009

Forthcoming book “NAMED AND SHAMED: AFTER THE WOLLONGONG CORRUPTION SCANDAL”

by Neryl East

“The work is based on the story of Rod Oxley, former CEO of Wollongong City Council, and gives his account of the ICAC investigation and hearing into corruption in the planning department of Wollongong council.”

Pub. Date: 01-12-2009

ISBN: 9780980475883

RRP A$24.95

http://www.panmacmillan.com.au/display_title.asp?ISBN=9780980475883&Author=East,%20Neryl

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Three former WCC Councillors face court

Posted by reformwcc on October 20, 2009

ICAC fallout: three councillors face court

20/10/2009
Three former Wollongong councillors could face up to five years’ jail or fines of up to $22,000 if they are convicted on criminal charges being pursued by the Independent Commission Against Corruption.

The ICAC yesterday confirmed the prosecution of three former Labor councillors for allegedly providing false or misleading information during its investigations into corruption at Wollongong City Council.

But does this mean they are not facing charges for ‘corrupt” behaviour in the course of their normal duties as WCC Councillors? In which case, is there no solid evidence that any WCC Councillor acted ‘corruptly’ prior to the ICAC Hearing? If so, give us back our Council.

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Rod Oxley – his side of the story

Posted by reformwcc on October 19, 2009

“Rod Oxley: ICAC, Beth and my fight for justice

BY LAUREL-LEE RODERICK Illawarra Mercury

17/10/2009

“Former Wollongong City Council general manager Rod Oxley has revealed that he has written a book to defend himself against Independent Commission Against Corruption findings of corrupt conduct.

One year after publicly vowing to fight to restore his reputation, Mr Oxley is on the verge of releasing a tell-all book about one of the most explosive episodes to rock local government in Australia.” “

full story

http://www.illawarramercury.com.au/news/local/news/general/rod-oxley-icac-beth-and-my-fight-for-justice/1652860.aspx

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Request for info – NF2 – any suggestions to improve community awareness of NF2 meetings?

Posted by reformwcc on October 10, 2009

Danie, the person who sends out the agenda for NF2 has said that she is “… very interested to hear back from anyone who knows how other NFs advertise their meetings and agenda items.”

NF2 sends this information out to a local email list and puts a notice in the noticeboard outside the Coledale Community Centre.

They also have a website – see http://www.ccnc.org.au/agenda_for_next_meeting.html

The Council also has some weblinks to NF2 and info in the weekly Council pages.

The NF2 request is part of an effort to find ways by which the local community can learn more about the regular monthly meeting, in light of recent experiences where there was some criticism from local people who have been unaware of the Neighbourhood Forum process.

NF2 folk did letter-box the area when they were still a Local Area Meeting (Clifton to Coledale Neighbourhood Committee) and have held some non-meeting community events (e.g. a walk), and were putting regular reports into the local newspaper.

This suggests to me that it is a problem which should be seriously tackled by WCC since Neighbourhood Forums are a key part of their community consultation process – and yet many people remain unaware of their existence, let alone how they work. Looks like that WCC failed to engage with the wider community when they opted for this model. This may be another matter for the external review to take up early next year.

Any more suggestions for NF2? I did draw their attention to the use of Facebook by NF 7.

Send them to me at brucer@reformwcc.info and i will pass them on.

cheers

Bruce

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