Councillor’s 11th hour push to ‘ditch’ public question time

THE ongoing controversy surrounding Bass Coast Shire Council’s new Governance Rules came to a head at Wednesday's meeting, with Cr David Rooks putting forward a surprise, alternative motion to remove public question time.

Council adopted the Governance Rules 2020 on August 19, 2020, as part of the implementation of the Local Government Act 2020, which replaced the former Meeting Procedure Local Law. However, a review was needed to reflect legislative changes.

The issue first arose when the draft document was presented to council earlier this year, which was released for public feedback, with fierce debate surrounding proposed changes to Public Question Time.

Initially, the shire was seeking to change the wording of Public Question Time to ‘may’ be held, instead of ‘must’ be held, at a council meeting. 

This meant the mayor, in consultation with the CEO, could determine not hold public question time at any council meeting.

However, the final document only proposed the following change: “Not all questions are required to be read at the meeting. Any question which has been disallowed by the chair will not be read at the meeting.”

But in a shock twist this week, Cr David Rooks put forward his motion seeking to remove Public Question Time as follows: "That Council adopt the Governance Rules 2022 including the Election Period Policy 2022, subject to the removal of Division 8 - Public Question Time and any reference to Public Question Time and any other references to Public Question Time or Question Time from the Governance Rules 2022".

Cr Rooks justified his position stating that the community now uses many alternatives, such as emails and social media, to contact council and receive information. 

“Historically, Public Question Time at council meetings was an important occasion to meet and ask questions of council personnel,” Cr Rooks said.

“For the last two months, our council has dealt with 5500 requests, most of these come via the website, email or phone.

“All 5500 responses are provided without the input of councillors.

“These requests may be basic questions, a complex formal submission, general feedback or a payment.”

Cr Rooks went on to state that queries submitted for question time were, ‘by far the most inefficient method for both council and community members.’

“These questions are reviewed by councillors, but they can be the same standard that thousands of others submit each month,” he said.

“However, they are given an unwarranted high level of status, and a disproportionate amount of time just because they form part of a council meeting.”

Cr Rooks equated question time at council meetings, as compared to what residents and ratepayers could now achieve by email and other methods of contacting council, as like comparing the old-style milk bar to a modern supermarket, where it was much more efficient and effective to get a wider range of products and services by contacting the shire administration directly,

He said people had already voted by their actions to use the other methods of gaining council information, noting that seven individuals over the past 18 months had asked 45 per cent of the questions at council question time.

It didn't help that the Mayor, Cr Michael Whelan, made theatre of the fact that a set of apparently orchestrated letters at last Wednesday's council meeting, about shire financial matters, used commas (,) instead of full stops (.) when quoting numbers, indicating they may have come from the same source.

But, how quickly they forget.

At the December 2019 council meeting, there were no fewer than 16 public questions asked of council, 10 of them from different individuals asking why council was pressing ahead with Grayden's Reserve Newhaven as the preferred site for a regional skate park. The pressure brought to bear by this and other methods resulted in a major reversal of council policy.

There were also letters about the future of Olive Justice Place at Cowes, Dogs Off-leash, erosion on the Cowes East Foreshore, two from regular correspondent Graham Jolly (about climate change and capital works accounting practices) and one from Peter McMahon expressing concern about "...openness and transparency of Council when dealing with their ratepayers".

Notwithstanding Cr Rooks impressively researched data on the community's contact with council, question time has been heavily used over the years, even in recent years, to campaign publicly for change.

Discussion ramps up

Cr Ron Bauer was scathing in his response to Cr Rooks' motion. 

“This alternative motion is an attack on one of the fundamental tenants of our democratic system going back to the Grecian days,” said Cr Bauer. 

“It goes to the core values of accountability and transparency. I will not entertain a bunker mentality that changing the words must to may, will be seen by the community.

“We are the elected representatives of the ratepayers, and we are answerable to them. 

“The monthly open council meeting is the forum where the ratepayers can formally question us on the record.

“Question time is a must, not a maybe.”

Cr Bruce Kent said while he agreed with some of the points raised by Cr Rooks, he ultimately supported the community’s right to submit questions, choosing not to support the alternative.

Cr Les Larke also added that question time was not only about transparency, but choice.

“I like the choice of going to the Wonthaggi Milk Bar on occasions,” he said.

“And on other occasions, going to the supermarket, so choice for me is a community asset.”

Cr Rooks' alternative motion was ultimately lost, no voting names or numbers were recorded. 

Cr Bauer subsequently moved his own alternative motion, seeking for the word limit to be raised from 50 words to 200 for public questions, which also had no support. 

Council had received submissions from 10 individuals and two community organisations during the feedback period, with many relating to public question time. 

Other elements of the new governance rules included:

* Determining the election of the mayor: Changes to election of the mayor to align with legislation. The provision of “lots” is no longer allowed in legislation. Election of the mayor must be by absolute majority. If absolute majority can’t be achieved the election is to be held at a later date and time. Council can resolve to defer the meeting or elect a temporary chair to consider the remaining business of the meeting.
* Notice Of Motion: A motion that is lost cannot come before council again for three months in line with a recission motion. Change to deadline for submission of a finalised notice of motion to 5pm 10 days prior to the Council meeting agenda being published.
* Petitions and Joint Letters: Deadline for submission to 5pm 10 days prior to the Council meeting agenda being published.

With all the confusion and debate aside, councillors finally voted in favour to adopt the new governance rules.