Case Study 1 - Councillor Brown's well-meaning request Print E-mail

The following case study illustrates the limitations of a councillor's role as prescribed by the Local Government Act 2009. Read the case study then answer the self-assessment questions that follow.

After the Blyton Shire Council meeting the mayor invited Cedric, the CEO, to join councillors for afternoon tea and Cedric brought his two senior executives, Fred and Mary along too. The mayor knew Fred and Mary because she sometimes approached them for help when Cedric wasn't available.

At today's Council meeting there had been a lot of debate about the proposal to build an elevated timber walkway and viewing deck through the wetlands area. It was a bird-lover's paradise and most people in the Shire thought it would be a fantastic facility and a great tourist drawcard. The CEO advised Council today that both the consultants' feasibility study and Fred's environmental report would be submitted to council committee at the end of the week.

Over afternoon tea, the Mayor commented to everyone that she was thoroughly delighted both reports would be going to committee on Friday. Fred turned to Mary and said quietly, ‘Gee, she won't be delighted when she reads my environmental report. I've uncovered some problems and I'm recommending against the proposal.’

Councillor Brown, who was a huge supporter of the project, overheard the exchange between Fred and Mary. She felt certain whatever problems had been encountered could be overcome. She had spoken to Fred occasionally at the local bowls club, so she called him over for a chat.

Councillor Brown explained to Fred how passionate she was about the project and how much she thought it would benefit the Shire. She asked Fred what problems he had uncovered and he answered her questions. Councillor Brown was upset by the answers and said, ‘Fred, your recommendation may mean the end of the project and that would be a terrible thing for the Shire. I know someone who can help us iron out those problems. Your report doesn't have to go to Committee until the end of the week, so I'll work quickly and fix things before you have to submit it. That way you can change the recommendation before you give it to Cedric and save everyone a lot of worry. Things are going to work out just fine.’

 

Did Councillor Brown commit a breach when she approached Fred about changing the recommendation in his report?

 Yes No

 

The project was close to Councillor Brown's heart and there is no doubt she acted with the best of intentions and, in her view, in the best interests of the Shire. Therefore, does the breach still apply?

 Yes No

 

Is it appropriate for the mayor to sometimes approach council employees for help or advice?

Yes No

 

When approaching council employees, is the mayor exempt from having to follow the advice guidelines made by the CEO?

Yes No

  • Local Government Act 2009 - s170A Requests by councillors for advice or information
 

 
Last Updated on Tuesday, 06 September 2011 12:54