Horsham councillors have accused each other of being "disruptive" and "scaremongering" while deciding whether to amend codes of conduct for the council elected in October.
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At its meeting on Monday night, councillors adopted new policies covering council governance rules, public transparency, expenses and audit and risk committees. It is required, like every other Victorian council, to do this under the new Local Government Act (2020).
Each of these was adopted unamended. It means among other changes, motions to rescind previous council decisions are only valid if three councillors put their names to one within 24 hours of a council meeting. Previously, only one councillor need to do this.
Councillor Pam Clarke moved the motion to adopt the new governance rules, seconded by Councillor Alethea Gulvin.
Councillor David Grimble tried to move amendments to the wording of the rules.
He also wanted the rules to allow the new council to review the governance rules, and to prohibit the council from entering any "entrepreneurial ventures" at all during election periods. The rules suggest the ventures be capped at a value of $266,850, one per cent of the council's rate revenue.
"I don't understand what he definition is of an entrepreneurial venture, and this council (should not) embark on one so late in its term. That decision should be held over to a new council," he said.
Cr Robinson said having three signatories to a rescission motion meant councillors would make decisions before a public meeting, which he said "should not be the case".
Cr Clarke spoke against the amendment, saying it continued a pattern of "disrespect for governance" at the council. "To make decisions like this on such an important document at the last minute, when we have all had an opportunity to look over the document... is so disruptive and disrespectful to the process," she said.
"The rescind motion is put there for a reason by the state government in the new act deliberately to stop blocking and disruption of council processes and procedures."
Cr Grimble said the council's governance rules were not endorsed by the state government. He said despite Cr Clarke's comments, council meetings were the appropriate time to make amendments.
"There are no issues with supporting my amendment. I believe councillor Clarke is scaremongering other councillors... into believing this is poor governance. If councillors continue to use that line, they need to get some new material in their debating tactics. I should block my ears off to the comments Mr Mayor."
"I believe they (the new rules) will hinder a new council in the way they operate."
Chief executive Sunil Bhalla said the document reflected what was considered best practice in the local government sector.
Cr Robinson said the new act did not require rescission motions to be sponsored by three councillors.
In response to a question from Cr Gulvin, Mr Bhalla said councillors could ask to review the document at any future briefing meeting.
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Cr Grimble's motion was lost by four votes to three, with councillors John Robinson and Josh Koenig voting with him. The council adopted the rules with the same split of votes.
What transparency will look like in Horsham
Later in the meeting, Cr Robinson sought to remove three sections of the council's draft Public Transparency Policy.
The sections detail some of the factors the council will consider when deciding to release information in the public interest, such as disclosing information or opinions "of a preliminary nature such that they might mislead the community (on) the council's position on a matter".
His motion lapsed as no one seconded it.
Director of Corporate Services Graeme Harrison said the Local Government Act (2020) required the council to have some of these provisions in its policy.
"The act is quite specific as to what can be withheld, and we are going beyond that with the definitions," Cr Robinson said. "That's perhaps a matter the next council can take up."
Cr Grimble also spoke against adopting the new rules. He said he was concerned the chief executive would ultimately tell the councillors whether releasing confidential information was in the public interest. "The responsibility of the resolution sits with the council," he said.
"Cr Robinson and I try to amend documents, but we come under continued scrutiny around our governance processes. I support the majority of this document, but there is some tweaking (needed), so I can't support it."
Mayor Mark Radford said he supported the process the council had gone through in creating the transparency policy, including putting it out for public comment.
Cr Clarke spoke in favour of the draft policy. She said the chief executive was the right person to advise the council on releasing confidential information.
The new policy was adopted five votes to two, with councillors Grimble and Robinson voting against it.
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