❓ Question regarding the evidence and procedural fairness surrounding a Show Cause Notice issued to the Town of Cambridge concerning alleged council interference in administrative functions. The Minister refers to a report and confirms no evidence was received on behalf of an organisation, and no prior notification or opportunity to respond was given before issuing the notice, but the Town was given time to respond to the notice itself.
AnsweredQoN 6477Legislative Assembly
Asked
15 October 2020
Member
Portfolio
Local Government; Heritage; Culture and the Arts
QuestionView source ↗
I refer to the Show Cause Notice delivered to the Town of Cambridge on 26 May 2020, in which you write “1. I suspect that the Council has failed to ensure that Council members have an understanding of and observe their respective roles, such that the Town’s employees rather than Council members undertake administrative and operational functions. In particular b) at a meeting held on 9 April 2020, Council passed a motion authorising Councillor Timmermanis, on behalf of the Council, to “assist the CEO in relation to the Employee Arrangements in response to COVID-19”, including but not limited to: i. attending all meetings with unions and staff unable to be redeployed; and ii. attending all meetings of the COVID taskforce;”, and I ask: (a) Without disclosing the author of any evidence you received, how many witnesses provided evidence to you, and on what date(s), in relation to: (i) (1)(b)(i) above; and (ii) (1)(b)(ii) above; (b) Was any evidence received which was provided on behalf of an organisation(s)? If yes, what organisation and on what dates(s) in relation to: (i) (1)(b)(i) above; and (ii) (1)(b)(ii) above; (c) Prior to issuing the Show Cause Notice on 26 May 2020, did you notify the Town of Cambridge Council that you had received this evidence, and if yes, when did you notify them; (d) Prior to issuing the Show Cause Notice on 26 May 2020, did you provide an opportunity for the Mayor and/or Councillors of the Town of Cambridge to respond to the evidence you received: (i) If yes, who did you receive responses from and on what date(s); and (ii) If you are unable to provide names for (i) above, how many Councillors did you receive a response from which directly related to the evidence you received; and (e) If no to (d), how was procedural fairness provided to the Mayor and Council of the Town of Cambridge to respond to the evidence you received?
AnswerView source ↗
Answered
19 November 2020
Responded by
Minister for Local Government; Heritage; Culture and the Arts
Response time
12 days
(a) I refer to the Report of the Inquiry into the Town of Cambridge Findings 04 and 6 and paragraphs 91 – 94.
Finding 04: By authorising elected members to undertake administrative tasks, council has created a situation where employees are not able to properly perform their functions.
Finding 06: By authorising Councillor Timmermanis to undertake administrative tasks related to employment of staff, council is interfering with the CEO’s role to manage the day to day operations of the local government and the employment or dismissal of staff under section 5.41(g).
91. At the same Council meeting on 9 April 2020, council passed a motion authorising Councillor Timmermanis, on behalf of the council, to "assist the CEO in relation to the Employee Arrangements in response to COVID-19", including but not limited to attending all meetings with unions and staff unable to be redeployed and attending meetings of the COVID Taskforce.
92. At an Ordinary Council Meeting on 23 June 2020, council revoked the decision made at its Special Council Meeting on 9 April 2020 authorising the Mayor (pursuant to Regulation 9) to provide instructions directly to lawyers and authorising Councillor Timmermanis to assist the CEO in relation to employment arrangements.
93. At the same council meeting council resolved to establish a COVID-19 committee, comprising of council members and employees.
94. The motion stated that council approved by absolute majority to appoint four named Councillors, the CEO, the Director Infrastructure and Works, the Manager
Regulatory Services, the Co-ordinator Governance and the Office of the CEO and ‘other Town of Cambridge Officers, as nominated by the Chief Executive Officer’ .
(b) No
(c-d) No
(d)(i-ii) Not applicable.
(e) As per the Local Government Act 1995 (WA) the Town was provided 21 days to respond to the Show Cause Notice. This period was extended due to the initiation of Court proceedings and the Town responded on 19 June 2020.
Finding 04: By authorising elected members to undertake administrative tasks, council has created a situation where employees are not able to properly perform their functions.
Finding 06: By authorising Councillor Timmermanis to undertake administrative tasks related to employment of staff, council is interfering with the CEO’s role to manage the day to day operations of the local government and the employment or dismissal of staff under section 5.41(g).
91. At the same Council meeting on 9 April 2020, council passed a motion authorising Councillor Timmermanis, on behalf of the council, to "assist the CEO in relation to the Employee Arrangements in response to COVID-19", including but not limited to attending all meetings with unions and staff unable to be redeployed and attending meetings of the COVID Taskforce.
92. At an Ordinary Council Meeting on 23 June 2020, council revoked the decision made at its Special Council Meeting on 9 April 2020 authorising the Mayor (pursuant to Regulation 9) to provide instructions directly to lawyers and authorising Councillor Timmermanis to assist the CEO in relation to employment arrangements.
93. At the same council meeting council resolved to establish a COVID-19 committee, comprising of council members and employees.
94. The motion stated that council approved by absolute majority to appoint four named Councillors, the CEO, the Director Infrastructure and Works, the Manager
Regulatory Services, the Co-ordinator Governance and the Office of the CEO and ‘other Town of Cambridge Officers, as nominated by the Chief Executive Officer’ .
(b) No
(c-d) No
(d)(i-ii) Not applicable.
(e) As per the Local Government Act 1995 (WA) the Town was provided 21 days to respond to the Show Cause Notice. This period was extended due to the initiation of Court proceedings and the Town responded on 19 June 2020.
Explore WA Government Data
Search the full archive in the free dashboard, or query programmatically via API.
Explore more
Government Gazette
Appointments, regulatory notices, planning changes.
Hansard
Debates, questions, speeches and sentiment.
Tabled Papers
Reports and documents tabled in Parliament.
Committees
Committee profiles and recent reports.
Regulations
Subsidiary legislation with filters and summaries.
Bills
Proposed laws and parliamentary progress.
Acts
Current WA legislation and summaries.
Explanatory Memoranda
Bills with EMs (text/PDF) available.
Members
MP profiles, party breakdown and rankings.
Pollie Rankings
Data-driven rankings across 19 categories.
Amendment Chains
Track how schemes and regulations evolve over time.