Local Government
LEGAL BIFFO? Public service union threaten “challenge” over councillor-staffer ban
The Community and Public Sector Union that represents electorate officers and ministerial staff has condemned the Local Government Minister Richard Wynne’s move to disqualify and ban them from seeking or holding office in local government.
Julian Kennelly, the spokesman for the union has foreshadowed a potential legal challenge to the legislation saying “Legislating will be an unwarranted employment restriction and will be challenged.”
Hopefully this could be code for a legal challenge to the ban.
He has also raised definitional issues about what other Victorian citizens could be banned from council service, whether it might include all Parliament of Victoria staff or just electorate officers, all Department of Premier and Cabinet staff or just the minstaff.
Wynne’s announcement and the Ombudsman certainly been widely considered to be a massive over-reaction to the limited findings in the Ombudsman’s report which barely find anything substantially wrong with the operations of the past Brimbank council let alone enough to damn all councils.
The political difficulty – of course – is that failing to act on the Ombudsman’s principal recommendation would not be a good look.
The political downside of shafting the rights of the averagely-waged in electorate offices is apparently much less.
Perhaps uniforms are the next order of the day for this oppressed and harassed group of citizens without rights. On reflection, perhaps the Labor ones could be forced to wear the patriotic Red of the Colonel at KFC while the Liberals could borrow from the true blue qualities of the McDonald’s uniform. Perhaps party insignia could replace the corporate logo, as appropriate.
This is almost certainly going to be the first and last time VEXNEWS posts a missive from the Community and Public Sector Union so we hope you enjoy it:
STATEMENT BY CPSU – GOVERNMENT’S RESPONSE – OMBUDSMANS REPORT – BRIMBANK COUNCIL
A single dysfunctional Council but they’re not sacking Brimbank just all Electorate Officers.
Victoria has 79 Councils with hundreds of Councillors acting honourably and some work for MPs.
Ombudsman refers to a perceived twin “duty” but the Government’s quick fix is about avoiding their own scrutiny.
What action is proposed against the MPs named? ‘Just a stern talking too”
Ombudsman has allowed the Perpetrators (MPs) to become the Executioners. Legislating will be an unwarranted employment restriction and will be challenged.
Forcing people to choose between their democratic participation in their local communities or their employment. No other citizen has that restriction imposed on them. It will return us to the days before the Political Rights Bill in 1916.
Who will be next – staff in the Premiers’ Department, what about those working at Parliament House.
One individual is wreaking revenge with the limited powers they have available within one Council. That’s where the resolution should be focussed.
All sides of Parliament will be affected and trying to kill the stories media life with an instant catch all reaction does nobody any honour.
This needs a considered response or Local Government will become the domain of the rich or retired.
Julian Kennelly Media & Communications Manager Community and Public Sector Union (former Councillor City of Melbourne and former EO) 7 May 2009
Discussion
23 comments for “LEGAL BIFFO? Public service union threaten “challenge” over councillor-staffer ban”
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Julian does have a point.
The problem is not that councillors work for MP’s. Only the proverbial fairy at the bottom of the garden has an issue with this.
What is truly unbelievable is that Brumby or some other uber powerful Labor factional warlord didn’t just tell everyone in Brimbank that enough was enough and to pull their heads.
Stop downloading the porn, stop helping your old man run his kebab shop, stop going on mayoral mont blanc binges just enough!
http://workchoiceprincess.wordpress.com/
The problem is when Councillors act as puppets for their bosses.
The thing is that in a lot of places it is the Federal members that the Councillors work for.
In Geelong for example, will it be OK that Saunderson works for a MHR Marles, but not that Grainger works for a MLA – Erin?
There is no doubt that jobs in MPs offices (state of rederal) are seen as ’spoils of factional war’.
For example, part of the reason that sitting Labor ‘Unity’ (LOLROFLMAO at that name!) MLC Elaine Carbines was not given a winnable spot on the ticket at the last election was allegedly that she wouldn’t give one of the ‘unity’ Councillors a job in her office.
Carbines was an extremely popular MP, and at 1 or 2 on the ticket would have helped pick up an extra berth for Labor, but the faction was happy for Labor to lose control of the upper house, in order to send a message about its right to control jobs in MPs offices.
How then can anyone believe that Councillors lucky enough to have a job at the whim of their factional masters won’t put what their bosses want ahead of the interests of residents and ratepayers?
What a stupid, anti-democratic, socialist inspired ban.
But if you’re going to ban anyone, why discriminate against political staff? Councils’ are ‘responsible authorities’ for planning matters under the planning and environment act. Therefore wouldn’t it make a little more sense to ban real estate agents? Wouldn’t they have a perceived ‘twin’ duty when considering new subdivisions?
Honeys…
The two party system is broken.
Start something new – seriously:
http://democrats.org.au/campaigns/democrats_rebuilding_project/
boy Hume are going to be in trouble,
Glad the operatives in the south east are better at this game
Respect my authorita
Get rid of Local Government.
With very few exceptions, councilors (Lab/Lib/Ind/Whatever) are a bunch of spastic morons.
Bring back the Commissioners. Now!
Ban all Councillors who are paid “extra” for state Government board appointments. Any while your at it ban Electorate Office Staff from running for public office, Trade Union Delegates, Company Executives and the list goes on. I would think such a move would be challenged in the High Court as being unconstitutional and a breach of human rights. If your a public servant and you seek election to the City Council do you have to resign if elected.
Richard Wynne should spend more time fixing the real problems that effect local government first.
So, who is on the chopping block with this….
On the ALP side the people that come to mind are:
Nick Staikos (or does he work for Federal)?
Steve Staikos (Grayley / Parliament Pool)
Sel Sanli (Parliament Pool)
Burhan Yigit (Parliament Pool)
Anthony Carbines (Pike)
Helen Coleman (Brooks)
Good thing Lambros is safe with Feeney!
Did someone mention my name?
What a totally knee jerk reaction by a total jerk of a Minister. Dick Wynne who is a total disgrace and has totally stuffed up Local Government in Victoria due to his lack of action when required and over reaction when not required. His changes to the recent Conflict of Interest guidelines has just about every Councillor in the 79 Councils in Victoria totally confused and second guessing themselves when attempting to represent the very residents who elected them. If this weak gutted dog of a Minister had of acted when he should have, and sacked the Brimbank Council prior to the last council election this problem would have been dealt with. And as far a Brumby saying it would have been un-democratic to sack the Council at this time, how about those electorate officers or ministerial advisers who will be forced to resign as a democratically elected Councillor affecting far many more residents’ right across the state for the sake of one corrupt council. What a total disgrace. Bring on the next State Election as we will be finally be rid of this totally over reactive and fucked Government
Luckily for me I am no longer a Councillor at the City of Kingston.
Interesting points on public servants.
I think however broader questions need to be posed – like how duties can conflict between those of councillors versus those who may have other duties, whether this be with regard to the public interest or those relating to a the private sector. For instance, should a Director of a Small Business which operates in a LGA be excluded from running for public office ?
The law should be equally applied – and the Local Government Act should not discriminate against those who’s work advances the public interest. Conflict of Interest laws should instead be stronger and the role of fiduciary duties explored in greater detail. Anything else would amount to the Government trying to deflect blame from itself and instead try to make out like its acting.
Just reading the report and its interesting to note that current Mayor & Seitz Puppet Troy Atanovski has three recommendations against him for his 2005/2006/2008 returns to the council and LGV will now investigate.
I find it amazing that any labor government would even consider proscribing employment in such a manner as to outlaw Crs from working for MPs, and I assume that would include those working for federal MPs too. If not then that is further discrimination. If yes then the matter will be raised in federal parliament as it offends not only the state’s Charter of human rights but federal HR and anti discrimination laws. But then we are talking about Roberta Hulls, the best AG that Victoria has ever vomited up.
But will the ALP dump the requirement for Labor councillors ( elected or supported) to caucus as per the party’s rules?
If it doesn’t, councillors not working for MPs will not change a a single thing.
But will the ALP dump the requirement for Labor councillors ( elected or supported) to caucus as per the party’s rules ( section 12.6) ?
If it doesn’t, councillors not working for MPs will not change a a single thing.
But an easy way of getting rid of all the young talent out of MPs offices, to clear the road for the old union hacks.
Rumour has it that ALP Crs working for State ALP MPs will just move to the local Federal ALP MP’s office.
Councillors don’t mind an anti corruption commission – but Brumby does.
Victoria needs the right medecine for the right ailment!
The Ombudsman is not going to come out looking pretty out of this.
Costas Socratous told the truth to the Ombudsman and got sacked by Labor for doing so.
What does that tell you about the ALP? – they cant handle the truth
Pea and Thimble Trick: “Rumour has it that ALP Crs working for State ALP MPs will just move to the local Federal ALP MP’s office. ”
Wrong. The ban – if it survives a legal challenge in the courts – would extend to federal MPs.