Council officers acted in secret

© iStockphoto.com/savas keskiner

OFFICERS acted without the knowledge or approval of Mayor Brad Carter and other councillors when they took it upon themselves to restrict public access to council documents.

There was a breakdown in communications, Cr Carter said yesterday, reiterating his commitment to transparency.

But he admits he faces a tough battle to protect the public’s right to know against new state legislation which could result in important decisions being taken in private or without important details being made available to the media and other interested parties.

Cr Carter expressed his concerns yesterday and said he wanted the council’s decisions and procedures to be as transparent as possible, despite the Information Privacy Act provisions which came into play this month.

Council officers prefer a strict interpretation of the regulations, which are designed to protect the identity of individuals and carry a maximum penalty of $100,000 for breaches.

It could mean in future the names of people making planning applications, as well as those who have raised objections, would be censored.

The Mayor said he was seeking advice from the Local Government Association Queensland in terms of appropriate levels of disclosure of information associated with council meetings.

Without a council debate, officers decided that, to comply with the regulations, they would stop publishing council agendas, reports and recommendations on the Rockhampton Regional Council website prior to the relevant meetings.

Cr Carter said agendas should be available for the media and public and took the unusual step of making a statement during the full council meeting. He made it clear officers had acted without authority of councillors who had not discussed the issue.

“This council wants to be transparent and has a desire to engage with the community,” he said, adding he preferred the agendas be available on the website until councillors had debated the legislation and how they wanted to react to it.

“One of the reasons for the withdrawal of agendas from the website was to ensure that information contained in reports complied with the Privacy Act,” he said.

“At this early stage the Council is taking every step to ensure that official reports are appropriately written to comply.”

He said he was frustrated that officers had instructed him the council could not publish a submission from councillors to the State Government about proposed changes to the Local Government Act because they said it would breach government codes of confidentiality.

“We have been asked for our opinions, which we are making as councillors on behalf of our constituents, but we are not allowed to tell those constituents what we are recommending. It is potentially an important change in the way councils are elected and, ironically, the public is being encouraged to make a contribution to the debate. But our views must remain secret.”

The new act says councils “must examine their current practices around public meetings and agendas and minutes”, particularly regarding the inclusion of personal information in agendas and minutes and the extent that discussion of personal information in open meetings can incorporate privacy considerations.

Names and personal information may have to be struck from minutes published after council meetings.

COUNCIL VISION

One of the council’s seven visions and values in its mission statement says: Honesty and Integrity – We will operate with honesty and integrity, fostering transparency in whatever we do and promoting public trust and continued confidence.