Bendigo seeks rate cap exemption

Bendigo councillors will consider a submission this Wednesday night which seeks to defend the ability of local governments to set their own rates, rejects the idea of direct-mayoral elections and argues for the state minister to have the power to dismiss “problem” councillors.

The City of Greater Bendigo submission would call for the Local Government Act to enshrine “the integrity of local government as a distinct tier of government” and make council “answerable to those who elect it with minimal state government intervention”.

Council rates are set to be capped next year with the state government forcing councils to justify any increases above the rate of inflation. 

The City of Greater Bendigo’s 10-year financial plan identifies a 5 per cent rise, which is 2 per cent – or roughly $1.6 million – more than would be allowed if the rate caps went ahead. 

In his maiden speech as mayor last month, Councillor Rod Fyffe slammed the Victorian government’s proposed cap on council rates, arguing it would mean council would have to cut key community services. 

“Rate capping means we’ll have to review all the services we provide – can they be run more efficiently? – and in some cases, we may have to tackle the thorny issue of should we provide them at all?” he said. 

The submission to Local Government Act review secretariat – authored by Executive Services manager Peter Davies – will be presented at Wednesday’s council meeting.

It comes in response to the state government’s decision to undertake the first major review of the act in more than two decades.

“Council submits that the issue of revenue should be determined by the local community who elect the council,” it reads. 

“Applying this principle, a council should determine its own budget and rates and charges suitable for, and answerable to, the community that elect it.”

Dismissing ‘problem’ councillors

The submission also calls for individual councillors to be dismissed in extreme cases. Under the current act, individual Councillors can be suspended, but not dismissed.

The submission argues current measures addressing councillor misconduct can adversely impact on the ability of a council to function and are “unfair” when “the source of the problem… is identified not to be systemic or widespread but limited to an individual or small group.”

“In order to proportionately respond to the aberrant behaviour of an individual councillor or small group of councillors, council submits that statutory provision be made for individual councillors to be dismissed in circumstances specified by the act,” the submission reads. 

“Currently, there is no power for the minister to dismiss a councillor or councillors identified as the cause of dysfunction or adverse impact following investigation, there is only power to recommend to the governor-in-council that all the councillors be suspended. 

“This may be a disproportionate response to the problem and unfairly punishes councillors whose behaviour is not questionable or subject to investigation.”

The current council has been plagued by division and misconduct – both alleged and upheld by councillor conduct panels.

Last month, Councillor Mark Weragoda became the first Bendigo councillor to be temporarily stood down in relation to a drink driving offence which he initially denied.

Tomorrow, the Victorian Civil and Administrative Tribunal will set a hearing date for Councillor Elise Chapman’s challenge to a Councillor Conduct Panel’s finding which ordered her to apologise for a graphic tweet linking a proposed mosque in Bendigo to female genital mutilation. 

Cr Chapman and Councillor Helen Leach are also seeking to have Councillor Peter Cox brought before a  panel for his conduct while serving as mayor. 

‘No’ to direct mayoral elections, control over ward 

The submission details the roles and responsibilities of councillors and rejects the idea of a popularly elected mayor, preferring the status quo where councillors elect the mayor.

It states the number of wards and the number of councillors per ward should be determined by the council to allow for local community ownership of its governing structure.