In the Catholic Church, the Pope (or "il Papa" as he is affectionately known) can issue unilateral decisions that cannot be challenged. In Queensland, Mayors and Council CEO’s like John Brent and Craig Barke enjoy similar authority.
However a Principal Advisor with the Office of the Deputy Premier was looking into these “Infallibility Provisions” of the Local Government Act with a view to reining in the power of Council CEOs and Mayors.
The Queensland Local Government Act gives sweeping power to CEOs and Mayors. They may investigate matters and pass judgements that can have far reaching consequences and not have those decisions appealed without taking the matter to the Ombudsman or the Minister's office.
A case in point are several decisions made by Scenic Rim Regional Council’s CEO over Inappropriate Conduct charges levelled against the Deputy Mayor, David Cockburn (see separate story).
In Queensland Councils, CEO’s are very independent. The only person allowed to direct the CEO in the Scenic Rim is the Mayor John Brent. The Mayor alone reviews the CEO’s performance, salary and bonuses.
An example of Mr Barke’s power is his decision that Councillors are not permitted to request information from Council Staff on the phone or in person.
Mr Barke has set CEO Guidelines so that Councillors may not even request information from senior managers. These are qualified men and women on salaries of $150,000 or more, they are not junior staff who might not be across the issues. These are highly experienced senior staff.
In fact Councillors can only request information from the three Council Directors. Councillors must send them emails with the CEO copied in. But Councillors may not request that information face to face without the Councillor being under threat of punishment.
In Ipswich City Council, by contrast, Councillors are trusted to talk to level 4 managers. There are 8 levels of staff. Surely this is what democracy should look like. Surely this cuts through red tape and gets things done.
But no. Not in the Scenic Rim.
Cr Derek Swanborough has been warned in writing by Craig Barke for personally requesting information from the Finance Manager. If Swanborough is warned a second time, it becomes Misconduct and he can then be dismissed. That is how serious this issue is.
We think it is about time that certain democratic principles should be returned to the operations of the Scenic Rim Regional Council. Like the right of a Councillor to represent their Division without fear of reprisal. The right to face your accuser. The right of a Councillor to have the evidence used against them made available to them. The separation of the investigative and judicial processes in internal disciplinary proceedings.
We welcome the report that a Principal Advisor with the Office of the Deputy Premier - Matt Collins - told a local ratepayer in a written reply that there was a Ministerial request to review the assessing of complaints against councillors. He said that it was anticipated that this review would include examination of whether to allow for an appeal against a Chief Executive Officer's assessment of a complaint.
Yes. We would welcome such a review. It is about time Mr Barke returned to his proper tasks as a Town Clerk of a tiny rural council and stopped acting as if he were a demi god.