From: Ken Liu
Sent: Sunday, 28 August 2011 12:10 PM
To: ‘Andrew Boardman’
Subject: RE: Question From the Gallery from Mrs Knight Re: Penneshaw CWMS Design Plans

Dear Mr Boardman,

Thank you for providing me with a copy of your response to Mrs Shirley Knight’s ‘question from the gallery’ at the August Council meeting relating to Penneshaw CWMS design, although I have no idea as to exactly what question Mrs Knight asked at the meeting.

According to Council’s Code of Practice – Meeting Procedures, I thought that ‘questions from the gallery’ are to be read out and answers given at the meeting (while the details of questions & answers may not necessarily be required to be entered in the minutes).  I am aware that Section 5(6) of the Meeting Procedures provide the Mayor with the right to reject any questions with or without notice or to rule not be answered if the Mayor considers that the question is vague, irrelevant, insulting or improper.  I therefore fail to understand as to why Mrs Knight’s question was rejected and not answered at the meeting.  Was Mrs Knight’s question so inappropriate which warranted it to be ruled not to be read out and answered at the meeting?   From reading your response, I see that there were no reasons to support that Mrs Knight’s question could in any way be considered as improper that could provide grounds for the Mayor to exercise such a ruling.   The issue I have with this situation was how will Council be able to promote and ensure transparency and openness at all public meetings if we do not observe our adopted meeting procedures?

However, I also note from your reply to Mrs Knight that you have omitted the ‘additional process to display final plan at Penneshaw Community Business Centre for public viewing and comments on completion of the design’ which is contrary to the resolution in Item 14.6 passed by Council at its April ordinary meeting and instead you have decided to skip this additional process and leave it til the FINAL phase of the process (public consultation as required by the LG Act) after the Prudential Review.  Further, I find it difficult to comprehend your statement that your response was prepared at the direction of Council, as I cannot recall that Council has ever altered the ‘resolution’ to not displaying the design plans on completion nor that such a direction has been issued to you by the Council.  Perhaps, you could supply me with the information which I may have overlooked, as without it, I can only consider that your action may be somewhat unauthorised.

Trust that you would reconsider your decision not to display the design plans on completion, as one of the key functions of the CEO  as set out in Section 99 of the LG Act 1999 is to ensure that the lawful decision of Council (resolutions passed by Council) are implemented in a timely and efficient manner.

Kind regards.

Ken Liu

Elected Member, Kangaroo Island Council

Hello Ken,

Just to clarify Mrs Knight’s question from the gallery last meeting. I did not rule it out of order. Mrs Knight gave me a copy of the question prior to the meeting, and I discussed it with Andrew who suggested that it be answered in writing. When we came to the appropriate section of the agenda, I thanked Mrs Knight for her question and said it would be answered in writing, where upon she smiled and sat down…. I took that as her not wanting to read it. At no time during any break did she or any Councillor come to me to express concern, or raise the issue.

She was quite welcome to read the question, and I will clarify this with her in future meetings.

Cheers

Jayne

Jayne Bates
Mayor
Kangaroo Island Council

Dear Mayor Bates,

Thank you for your explanation to my comments on the manner in which Mrs Knight’s question from the gallery was handled.  In any event, Mrs Knight’s QFG should be treated with respect as a question, in accordance with standard procedures as set out in Council’s Code of Practice, and that her question should not be dealt with as correspondence.  Further, it is my view that questions asked by community members in the gallery and Council’s response should always be read out so that the public and Elected Members can hear the issues raised by the community, which would generate community trust and confidence in Council.

I would be interested in receiving Mrs Knight’s response to your explanation.

Regards

Ken Liu

Elected Member, Kangaroo Island Council

Email: kenDOTliuATbigpondDOTcom