UPDATE The Macedon Ranges Shire's Mayor & Officer Relationship (aka The Mayor's Affair)
25/3/14 - C Too close for ratepayers' comfort? UPDATE (12/5/14 - C) : The CEO's letter to MRRA in response to this article
MRRA has received a letter from the CEO of Macedon Ranges Shire, on Council's letterhead, objecting to and asking for this article be removed. The points of objection appear to be three facts provided in the letter. See the full letter. Here's our original story, with MRRA's responses to the CEO's facts.
It's no secret that Macedon Ranges' Mayor Roger Jukes, and Macedon Ranges Shire's Economic Development Manager Kylie Lethbridge, are in a relationship. To date neither has declared any conflict of interest when Ms Lethbridge's economic development reports and recommendations come before Council, and the Mayor votes on them. Indeed, for the Hanging Rock development proposal (28/8/13), the Mayor exercised a casting vote to break the deadlock and approve the alternative motion to exclude community consultation.
The CEO's first fact states the Mayor used his casting vote on an alternate motion. Which is what MRRA said - the Mayor exercised his casting vote on the alternative motion.
Ms Lethbridge accompanied the Mayor and some councillors on their controversial trip to Tokai in Japan last year. Although the Mayor and councillors were eventually forced to cover at least some of their Tokai expenses, it appears ratepayers may have paid the council officer's costs.
The CEO's second fact is that all councillors on the Tokai, Japan visit paid their own expenses personally. The Council motion* in the Minutes of the 22/5/13 meeting shows expenses to a limit of $1,500 were approved (i.e. to be paid by Council). * Alternative motion carried on the Mayor's casting vote. See 22/5/13 Council minutes
This fact also says airfares, accommodation and some minor incidentals for the officer were approved and paid by Council. This responds to MRRA's query and confirms that Council (ratepayers) did pay the officer's costs.
There are also unconfirmed reports that the Mayor and Ms Lethbridge may have taken other economic development research trips away together (additional to Tokai). If correct, all ratepayers would be interested to know who paid for those trips.
The CEO's third fact is that Council funds have not been used to pay for other research trips. This responds to MRRA's query and clarifies that Council has not paid for other research trips.
MRRA Says:
The CEO's letter was considered at an MRRA Committee meeting on 5/5/14. The Association's view is that the MRRA article addresses issues of public interest. After due consideration of the letter's content and "facts", the Association maintains its view: the Mayor and Ms Lethbridge's relationship, in terms of their Mayoral and Managerial positions at Council and in terms of potential for conflicts of interest in Council decision-making and expenditure of ratepayers' funds, is a matter of public interest. Ratepayers can make up their own minds.
How can there be no conflict of interest, you say?
It seems the Mayor's and Ms. Lethbridge's relationship is not considered to fit the Local Government Act's definition of 'domestic partner' (Section 78): "an unmarried couple in a relationship, where one or both provide domestic personal or financial support for the benefit of the other". N.B. The Act does not specifically address conflicts of interest issues for a relationship between a Council's Mayor and its Economic Development Manager.
Councillors are expected to make decisions with an open mind. If it is accepted - for the sake of argument - that Cr Jukes' relationship doesn't fall foul of the letter of the Act, does not declaring a conflict of interest meet the intent of the Act?
At Division 1A "Conduct and Interests", Section 76BA, General Councillor conduct principles, the Local Government Act says:
"...a Councillor must:
(a) avoid conflicts between his or her public duties as a Councillor and his or her personal interests and obligations, and
(g) ... act in a way that secures and preserves public confidence in the office of Councillor"
Cr. Jukes' problem is, if he won't declare a conflict of interest on votes relating to economic development matters (particularly those for which Ms Lethbridge has responsibility, such as Council's Hanging Rock development proposal, the Kyneton Mineral Springs recreational vehicle black water dump site, and now the emerging, rather large "world class equine facility"), how can anyone have confidence that he is in fact 'avoiding conflicts between his public duties and his personal interests', or acting appropriately as a Councillor?
You can comment at https://twitter.com/RangesResidents@rangesresidents or email mrra.sec999@gmail.com
25/3/14 - C Too close for ratepayers' comfort?
It's no secret that Macedon Ranges' Mayor Roger Jukes, and Macedon Ranges Shire's Economic Development Manager Kylie Lethbridge, are in a relationship. To date neither has declared any conflict of interest when Ms Lethbridge's economic development reports and recommendations come before Council, and the Mayor votes on them. Indeed, for the Hanging Rock development proposal (28/8/13), the Mayor exercised a casting vote to break the deadlock and approve the alternative motion to exclude community consultation.
Ms Lethbridge accompanied the Mayor and some councillors on their controversial trip to Tokai in Japan last year. Although the Mayor and councillors were eventually forced to cover at least some of their Tokai expenses, it appears ratepayers may have paid the council officer's costs. There are also unconfirmed reports that the Mayor and Ms Lethbridge may have taken other economic development research trips away together (additional to Tokai). If correct, all ratepayers would be interested to know who paid for those trips.
MRRA Says:
How can there be no conflict of interest, you say?
It seems the Mayor's and Ms. Lethbridge's relationship is not considered to fit the Local Government Act's definition of 'domestic partner' (Section 78): "an unmarried couple in a relationship, where one or both provide domestic personal or financial support for the benefit of the other". N.B. The Act does not specifically address conflicts of interest issues for a relationship between a Council's Mayor and its Economic Development Manager.
Councillors are expected to make decisions with an open mind. If it is accepted - for the sake of argument - that Cr Jukes' relationship doesn't fall foul of the letter of the Act, does not declaring a conflict of interest meet the intent of the Act?
At Division 1A "Conduct and Interests", Section 76BA, General Councillor conduct principles, the Local Government Act says:
"...a Councillor must:
(a) avoid conflicts between his or her public duties as a Councillor and his or her personal interests and obligations, and
(g) ... act in a way that secures and preserves public confidence in the office of Councillor"
Cr. Jukes' problem is, if he won't declare a conflict of interest on votes relating to economic development matters (particularly those for which Ms Lethbridge has responsibility, such as Council's Hanging Rock development proposal, the Kyneton Mineral Springs recreational vehicle black water dump site, and now the emerging, rather large "world class equine facility"), how can anyone have confidence that he is in fact 'avoiding conflicts between his public duties and his personal interests', or acting appropriately as a Councillor?
You can comment at https://twitter.com/RangesResidents@rangesresidents or email mrra.sec999@gmail.com