“That’s just censorship in some ways.”
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Departing Mount Alexander Shire councillor Robin Taylor’s not-so-thinly-veiled swipe at the organisation after he quit last week was a direct reference to an interview he gave last year, during which he discussed staffing numbers at the shire.
Some would argue public statements about staff are the direct responsibility of the chief executive officer, but were his comments a mere resentful barb, or are some councillors gagged by their organisations?
Mr Taylor’s former colleague and previous Castlemaine Ward councillor Tony Bell resigned in October during the fractious same-sex marriage debate.
He at the time felt undermined by council staff, who placed rainbow flags in the windows of council buildings after councillors had voted not to fly a rainbow flag in support of the LGBTIQ community during the postal survey.
Mr Bell supported Mr Taylor’s censorship claims, suggesting he too had been “hauled over the coals” a number of times during his five-year tenure for speaking out of turn.
The shire’s mayor Bronwen Machin disagreed, suggesting there was no gag order on elected representatives.
A lot of people come into local government thinking they have power, but soon realise they have none, apart from when they are voting in the council chambers
- Municipal Association of Victoria chief executive officer Rob Spence
“If councillors wish to speak to the media they can, providing they follow certain guidelines,” she said.
When asked what the guidelines were Cr Machin was less clear, but suggested if councillors didn’t agree with a particular decision they “can’t bag things out in public”.
Municipal Association of Victoria chief executive officer Rob Spence, a former CEO at two inner-Melbourne councils, said councillors feeling censored was not particularly common, but it could be driven by a number of factors.
“Some councillors get tense and criticised (internally) because they make statements that is argued by others,” he said.
Other first-time councillors, unaware or untrained in the cut and thrust of public life, may feel a little trapped if their views on a particular subject are marginalised by the other councillors.
“A lot of people come into local government thinking they have power, but soon realise they have none, apart from when they are voting in the council chambers. But sometimes even then you don’t have power if you are outvoted,” he said.
This lack of power, combined with a requirement to toe a particular line on certain topics, may be interpreted as censorship, but in reality it was part of the political environment some local governments have become, Mr Spence believed.
Councillors can present their personal views publicly, but when that view relates to a council decision or policy it becomes problematic, he said.
Winky Pop ruling sets boundaries
A councillor’s freedom of speech or freedom of ideas can be restricted when administrative or planning matters are decided by a council.
A famous example is the case of Winky Pop Pty Ltd v Hobsons Bay City Council of 2007.
Councillor Peter Hemphill lodged a submission with the council on a proposed planning scheme amendment relating to a strategic redevelopment area.
After declaring a conflict of interest because of the submission, Cr Hemphill then voted on the matter after it had been through a panel process.
In overturning the council’s decision, the Supreme Court found the result breached natural justice because one councillor was "affected by an apparent bias", having earlier made a submission on it.
“A lot of people stand for council fighting against the potential development of a site, they have to exclude themselves from those votes if they prejudge the matter,” Mr Spence said.
Coherent message vital
The rise of media or communications advisers for larger regional councils was no surprise to Mr Spence, who suggested the amount of interest – media or otherwise – in bigger councils’ operations required a strategy and indeed training.
“If you look at the history of local government, councillors were also state members of parliament - it's always been a reasonably sophisticated sector,” he said.
“Maybe people are concerned and it feels as if it’s very controlled but it’s [sic] trying to get the council's message across.”
The previous Bendigo council was beset with infighting and a raft of controversial moments.
Former mayor Peter Cox was ordered to apologise to two of his colleagues in March 2016 after an independent panel’s finding of misconduct against him was made public, while former councillor Elise Chapman was reprimanded in 2017 after a Victorian Civil and Administrative Tribunal found her guilty of misconduct relating to a graphic tweet from 2015.
Mayor Margaret O’Rourke said candidates were sent a clear message during the 2016 election campaign that ratepayers did not want a repeat of the controversy.
“People didn’t want the division and bickering,” she said.
Cr O’Rourke described the current crop of councillors as “professional people”, and would move on from a decision they might not have necessarily agreed with.