Brimbank Council Meeting No. 634 - 18 June 2024

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13.13

Response To Preliminary Views Of Governance Issues At Brimbank City Council

13.13

Response to Preliminary Views of Governance Issues at

Brimbank City Council

Directorate

People, Partnerships and Performance

Director

Georgie Hill

Manager

Danny Bilaver

Attachment(s)

1. Letter from Minister Melissa Horne MP to Brimbank City

Council [

13.13.1

- 3 pages]

2. Letter to The Hon Melissa Horne MP RE Response to

Preliminary Views of Governance Issues at Brimbank

[

13.13.2

- 6 pages]

Purpose

For Council to endorse the response to a letter from the Minister Local Government,

Melissa Horne MP, dated 28 May 2024 regarding the preliminary views of governance

issues observed by the municipal monitors to Brimbank City Council.

Recommendation

That Council endorses the response to the letter dated 28 May 2024 from the

Minister for Local Government Melissa Horne MP regarding preliminary views of

governance issues at Brimbank City Council, including its commitment to the 10

Point Plan, at Attachment 2 to this report.

Background

Council received a letter from Minister Melissa Horne MP dated 28 May 2024 regarding

the preliminary views of governance issues observed by the Municipal Monitors to

Brimbank City Council

(Attachment 1)

. The letter requested a response on the issues

outlined in the letter and a written commitment to the 10 Point Plan by 30 June 2024.

Matters for Consideration

The Municipal Monitors were appointed to Brimbank City Council on 12 February 2024 to

31 December 2024, and have been working closely with Councillors and the Executive

Leadership Team.

The letter from the Minister raised serious concerns in relation to the Council’s ability to

provide good governance to the Brimbank community, including:

•

failures to give effect to the overarching governance principles in section 9(2) of

the

(

).

•

failures to take into account the supporting principles in section 9 (3) of

•

failures by councillors to perform their role in accordance with section 28 of

•

behaviour that may be inconsistent with the Standards of Conduct in the

Council’s Councillor Code of Conduct.

The Minister has asked for Council to provide a response by 30 June 2024, on the action

that will be taken to address and remedy these concerns.

Brimbank Council Meeting No. 634 - 18 June 2024

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A response to the letter from the Minister has been drafted at

Attachment 2

for

Council’s consideration and endorsement. The response letter includes Council’s

commitment to advancing the 10 Point Plan.

Resource And Risk Implications

Resource requirements can be met within the Annual Budget 2023/2024.

There are no Community, Environmental, Financial, Regulatory or Safety risks

identified.

Legislation/Council Plan/Policy Context

This report supports the Council Plan 2021-2025 strategic direction and objective of:

4. Leadership and Governance - A high performing organisation that enacts the

vision and decisions of Council through the delivery of quality and innovative

services - A fairer place for all

• High Performing and Accountable - Our workforce strive to enhance services and

liveability for the Brimbank community.

Council officers contributing to the preparation and approval of this report, have no

conflicts of interests to declare.

Your details will be dealt with in accordance with the

and the

. Should you have any

queries or wish to gain access to your personal information held by this department please contact our Privacy Officer at the above address.

Ref: CMIN-2-24-23888

Cr Ranka Rasic

Mayor

Brimbank City Council

CrRasic@brimbank.vic.gov.au

Dear Cr Rasic

On 16 April 2024, I received an update from the municipal monitors at Brimbank City

Council, Ms Janet Dore and Ms Penelope Holloway, on their preliminary views of governance

issues at the Council.

The update confirmed that in a short period of time, the municipal monitors have observed

evidence of poor governance practices, poor decision-making, and behaviour that is

negatively impacting the wellbeing of councillors and senior staff.

Their observations raise serious concerns in relation to the

Council’s ability to provide good

governance to the Brimbank community including by, but not limited to:

•

failures to give effect to the overarching governance principles in section 9(2) of the

(the Act)

•

failures to take into account the supporting principles in section 9 (3) of the Act

•

failures by councillors to perform their role in accordance with section 28 of the Act

•

behaviour that may be inconsistent with the Standards of Conduct in the Council’s

Councillor Code of Conduct.

T

he municipal monitors’

update included the following observations about the Council

which I have set out below.

1. There is a lack of trust, respect and goodwill amongst councillors and the group is not

acting as a team. This behaviour is hindering the

Council’s capacity to give effect to

the overarching governance principles specified in sections 9(2)(b) and (c) of the Act.

Councillors are expected to adhere to conduct principles, such as treating others with

dignity, fairness, objectivity, courtesy, and respect as well as clause 1 of the

Standards of Conduct.

It is my expectation that councillors work together as decision makers and representatives of

their communities. A lack of mutual respect and goodwill places undue pressures on the

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Attachment 13.13.1

2

ability of councillors and the administration to work together effectively and promote good

governance practices.

2. Councilors are demonstrating a lack of understanding of their role, undervaluing their

strategic role, and preferring to focus solely on ward issues. There are concerns that

Council meetings are viewed as a platform for self-promotion rather than a decision

making body.

As such, councillors may not be meeting the requirements for fulfilling the role of a

councillor specified in section 28(2)(a) of the Act and the overarching governance principles

as stated in section 9(2)(b) of the Act.

3. There is poor attendance at meetings, particularly briefings, despite the option to

attend meetings via electronic means. The monitors report that two major budget

and financial planning meetings were poorly attended and attendance at Audit and

Risk Committee meetings has been very poor. The monitors have also observed an

insufficient use of Council processes to inform council decisions by councillors.

I note that under section 28(1)(a) of the Act, councillors must participate in the decision

making of the Council and must act in accordance with the Standards of Conduct for

councillors (section 28(2)(e)) including in relation to use of Council processes to become

informed about matters (clause 2(b) of the Standards of Conduct).

4. Rather than focusing its attention on strategic planning and decision making, the

councillors are involving themselves in matters that are the responsibility of the CEO

including providing written instructions to staff. Section 28(3) of the Act explicitly

states that the role of a councillor does not include the performance of any

responsibilities or functions of CEO.

It appears from this that councillors may not fully understand the separation between the

political and administrative branch in local government.

5. There is deficiency in the governance rules in relation to the appropriateness of

notices of motion which needs to be addressed.

6. A lack of strategic engagement by councillors, with some councillors often

participating in community activities that are only relevant to their wards.

A strategic focus is crucial for good governance, as it prioritises the overarching governance

principles in the Act involving achieving best outcomes for the community, promoting

economic, social, and environmental sustainability, and ensuring Council's financial viability.

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Attachment 13.13.1

3

7. Poor councillor conduct has had a detrimental and profound effect upon staff morale

at the Council. The conduct of the Council has led to an unsafe work environment at

the Council which has resulted in staff resignations, staff not attending meetings,

seeking medical assistance, and seeking leave of absence. Further, some councillors'

behaviour towards the CEO and other senior staff appears to be inconsistent with

clause 1 of the Standards of Conduct, endangering the ability to maintain a mutually

respectful, productive, and professional working relationship between the Council

and the administration, which is critical to good governance.

It is my expectation that the Council will take all the necessary steps to ensure a safe

working environment for the CEO and council staff.

I understand that the monitors held a group session with the councillors to brief them on

their work, but not all councillors attended and the

“Councillors Working together”

facilitated session was only attended by eight of the eleven councillors. While councillors

have demonstrated a willingness to improve their performance, I am now seeking your

written assurance that all councillors

will actively engage with the municipal monitors’

during their tenure and work to advance the Ten Point Plan.

I request that Council provide me with a response by 30 June 2024 outlining the steps the

Council intends to take to address and remedy the concerns identified by the municipal

monitors in their interim report.

I ask that you ensure all councillors receive a copy of this letter.

It is my expectation that all councillors perform their duties and conduct themselves

respectfully and in accordance with the Act and continue to work with the monitors

cooperatively.

I look forward to receiving and considering the Council’s response.

Yours sincerely

Minister for Casino, Gaming and Liquor Regulation

Minister for Local Government

Minister for Ports and Freight

Minister for Roads and Road Safety

Date: 28/05/2024

cc. Chief Executive Officer, Fiona Blair

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Attachment 13.13.1

T 9249 4000

W brimbank.vic.gov.au

PO BOX 70

Sunshine, Victoria 3020

19 June 2024

The Hon Melissa Horne MP

Minister for Local Government

Level 16, 121 Exhibition Street

Melbourne VIC 3000

minister.horne@minstaff.vic.gov.au

Dear Minister,

Thank you for your letter dated 28 May 2024, in which you conveyed the preliminary

views of governance issues observed by the municipal monitors to Brimbank City Council.

We appreciate your concerns and would like to assure you that the Council takes these

matters seriously and is committed to addressing and remedying the identified concerns.

We acknowledge the observations made by the municipal monitors regarding poor

governance practices, poor decision-making, and behaviour negatively impacting the

wellbeing of councillors and senior staff.

Councillors also recognise the importance of good governance in serving the Brimbank

community effectively. Outlined below is Council's commitment and steps it intends to

take to address and remedy the concerns that have been identified in the interim report:

All Councillors agree to:

•

Revisit and adhere to Councillor commitments and outcomes from the

‘Working Together Workshop’

•

Attend regular Councillor-Only Time meetings to discuss items prior to

decision-making to ensure there are no surprises.

•

Use informal processes to resolve relationship issues

•

Participate in team building activities

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Attachment 13.13.2

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All Councillors agree to:

•

Revisit previous governance training available through the Councillor Portal

•

Read briefings and reports, understand processes for clarification and be

prepared for Council Meetings

•

Speak in the interest of the whole community and respectfully accept the

decisions of Council

•

Act in a strategic manner in accordance with the adopted strategies and plans

including the Council Plan, Budget and Long Term Financial Plan.

3.

All Councillors agree to:

•

Read agendas and reports even when not able to attend meetings and seek

clarification in advance of the meeting.

•

Attend and be prepared for briefings, committees and meetings.

4.

All Councillors agree to:

•

Build better relationships with the CEO and Directors and seek advice when

required.

•

Be mindful of what is operational and is not, and seek clarification if required.

•

Not interfering in the role and responsibilities of the CEO.

5.

All Councillors agree to:

•

Avoid using Notices of Motions (NOMs) for self-promotion.

•

Seek feedback from officers and Councillors prior to lodging NOMs.

•

Review Governance Rules in relation to NOMs.

•

Participate in a session regarding the process for NOMs.

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Attachment 13.13.2

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6.

All Councillors agree to:

•

Attend engagement opportunities across the municipality and explain the role

of Councillors under the Local Government Act.

•

Seek strategic information across the municipality.

•

Seek and encourage engagement from a wide section of the community via

different options.

7.

All Councillors agree to:

•

Treat the CEO, Directors and officers with respect.

•

Call out bad behaviour and discuss ways to deal with it.

•

Revisit and comply with the Councillor Code of Conduct.

Additionally, I enclose our written commitment to advancing the Ten Point Plan.

Councillors are committed to working closely with the municipal monitors during their

tenure and improving our performance through the Plan.

Yours sincerely

Enc.

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Attachment 13.13.2

Brimbank City Council

Good Governance 10 Point Plan

understanding the role of a Councillor as defined in the Local Government Act,

adhering to the Councillor Code of Conduct and calling out any behaviour that conflicts with the Code

of Conduct.

attending and revisiting training sessions on the Local Government Act and

Code of Conduct, revisiting the 'Working Together' workshop outcomes and active participation and

evidence based decision making.

understanding and complying with the roles and responsibilities of the CEO as

outlined in section 94 of the Local Government Act, utilise the CEO as a source of knowledge,

respectfully communicate with the CEO, respect operational boundaries and avoid interfering in

operational matters.

taking personal responsibility for understanding the role of a CEO as outlined

in the Local Government Act, build positive relationships with and seek advice from the CEO and

Directors, and seek advice and guidance from the independent advisor to the CEO Performance

Committee.

ensuring a thorough understanding of the Governance Rules, avoiding using

Notices of Motion for self-promotion, promptly and respectfully seeking clarification for the Rules and

giving officers enough time to answer questions comprehensively.

attending and revisiting training sessions and workshops on the Governance

Rules, engaging in discussions to clarify Governance Rules and seeking feedback from officers early to

inform decision-making.

reading all agendas and briefing materials before meetings, preparing adequately

for meetings and asking informed questions in advance.

allocating time to review agendas and briefing materials, seeking clarification

in advance of meetings to ensure thorough understanding.

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Attachment 13.13.2

acting in accordance with the Councillor Code of Conduct, respecting peers and

Council staff, making decisions in the best interest of the community, and addressing disrespectful

behaviour in a respectful manner.

fostering a safe environment of mutual respect and open communication for

Councillors and staff, revisiting the "Working Together" workshop outcomes and seeking to resolve

differences informally and early.

avoiding last-minute amendments or unnecessary input during meetings,

raising matters in a timely manner and seeking clarification as soon as possible.

using structured Councillor Only Time (COT) and briefings to discuss issues in

advance, seek advice from Executive and other Councillors before lodging Notices of Motion,

committing to being prepared and giving officers enough time to respond to queries.

focusing on the long-term strategic goals of the Council, and aligning discussions

and decisions with the adopted Council’s strategic plans.

supporting the adopted Council Plan, long-term financial plan, and other

strategic documents, attending development opportunities and workshops to enhance strategic

thinking, and encouraging a collective commitment to evidence-based decision-making.

familiarising with and respecting Council policies, accurately representing and

following Council policies in all actions.

regularly reviewing relevant Council policies and seeking clarification when

needed, take personal responsibility to increase understanding of Council policies, and promoting

discussions on the positive impact of Council policies.

respecting the operational boundaries, avoiding inference in operational

decisions and requesting information about operational issues.

taking personal responsibility to understand the roles of a Councillor and CEO

as described in the Local Government Act 2020, consulting with Directors or the CEO to determine if

an issue is operational, using appropriate channels for raising operational and administrative matters,

and retaining a focus on strategic objectives rather than operational details.

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Attachment 13.13.2

complying with the Councillor Code of Conduct, ensuring open and respectful

engagement between Councillors and the CEO, Directors, and staff as well as fostering a positive and

safe work environment for all.

revisiting the 'Working Together' workshop outcomes, governing strategically

for the whole municipality and not just individual wards, and building and maintaining positive

relationships with each other, the CEO and Directors.

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Attachment 13.13.2