Mayors given power to dock pay or eject council members under new reforms

Bad behaviour problems which have beset councils in recent years will be stamped out by a huge reform which lets mayors punish troublemakers.

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SA’s fractious and controversial council system would be subjected to tough new measures giving mayors the power to expel councillors from meetings and dock their pay.

The Auditor-General will be able to look for savings for ratepayers in all council budgets, CEO salaries would be independently set, and a new Local Government Conduct Commissioner would solve the bad behaviour problems which have beset the sector in recent years.

The reforms are among 72 to be put to public consultation by the State Goverment which was elected in 2018 on a promise of the biggest reform of local government since the current 1999 legislation was enacted.

Minister for Local Government Stephan Knoll said an 88-page discussion paper would be put to ratepayers today for the second phase of feedback, through the government’s ‘Your Say’ website.

“First of all, we need to improve council conduct and we’re considering measures to crack down on obstructive or poor behaviour by council members,’’ he said.

“We need to stamp out some of the inappropriate and childish behaviour we see in the local government sector.’’

The reform ideas in the first round of drafting have come from the public but also frustrated local government representatives themselves, trying to reverse regular media coverage of bad behaviour, shonks, CEO sackings and criminal charges.

The report to be released today explains the four important areas for reform;

In one of the biggest changes, while councils would have more power to control minor bad behaviour they would also be able to refer the worst matters to a Local Government Conduct Commissioner.

Also, to avoid the common practice of councils voting to maintain the high number of councillors in regular reviews, the Boundaries Commission could be called in to make the decision to reduce the number of positions.

The voting rights of Mayors would be increased to allow votes on all matters not just a casting vote, as would their power to rein-in bad meeting behaviour by evicting councillors.

Mandatory training would be implemented for councillors, and CEO pay rates — currently up to $450,000 each year — would be handed over to the state independent Remuneration Tribunal, to avoid situations where there was a “too friendly” and “too hostile” relationship with elected members.

Mr Knoll said the State Government was also conscious of its election promise to cap rate increases, thwarted by councils which used council money to fight the move following the election.

“We need to find a way to reduce costs that will ease cost of living pressures for households and reduce the cost of doing business,’’ he said.

“Every dollar councils spend on compliance and unnecessary or over the top regulation, is a dollar that’s passed on to ratepayers.’’

The Auditor-General would be required to oversee all council books for the first time, and an independent committee would comment on rate increases.

Commenting on a litany of high-profile bad behaviour by councillors the report concludes; “At the highest, or most serious, end of this spectrum is criminal conduct and corruption’’, and control of this behaviour is not “working as effectively as it should’’.

Online voting is ruled out, as is compulsory voting, but remote voters may be given electronic ballot papers and the current lock-step four-year voting with state elections would be staggered with council elections in the following year.

Also non-resident property owners could win back the right to be automatically enrolled, Lord Mayors could serve more than two consecutive terms, and all political affiliations must be declared.

Councils would have to tell the public what was discussed at their informal gatherings, but for the first time would be able to charge the public for requests for some information.

Adelaide City Council veteran Anne Moran, who complained about threatening behaviour at one council meeting. Picture: Mark Brake

Reform of The Local Government Act is the first significant change since it was passed in 1999, when council amalgamations created the current system of 68 councils, twenty of them within the boundaries of the Adelaide city area.

Mr Knoll said comments and submissions could be made until November 1 online at www.yoursay.sa.gov.au, or sent via email to [e-mail].

The proposed reforms have been shaped by the 80 written submissions and 170 surveys the government received after making a call for ideas in March.