1 Having obtained from the General Manager an explanation of her actions in this matter and on the basis of its legal advice Council:
(a) is satisfied that by making certain statements attributed to her in the Newcastle Herald on Saturday 5 May 2007, the General Manager has acted in breach of clause 11.3 of her contract of employment - terms of the said clause 11.3 are attached as a Appendix A; and
(b) expresses its disappointment and serious concern about the General Manager’s breach of her contract of employment and the resulting negative publicity for Council and warns the General Manager against any further breaches in her dealings with the media.
2 Council acknowledges the General Manager has expressed regret about her comments and the negative impact those comments have had on Council.
3 Council further directs the General Manager to develop, for Council's consideration, a draft Policy on “Public Comment by Council officials on Council Affairs” and as an interim measure, pending the General Manager’s further report, the Council proposes to adopt the draft Policy on those matters as prepared by its solicitors.
4 Council further notes that in accordance with the terms of her contract of employment, the General Manager’s annual performance review will be conducted in July 2007 (with an experienced facilitator as allowed by the contract, preferably appointed by the Local Government & Shires Association) which Council sees as an opportunity to address some of the issues referred to by the General Manager in recent statements.
5 Council reaffirms its commitment to continue building a professional and constructive partnership with the General Manager and Council’s Strategic Management Team.
Appendix A
Clause 11.3 of the General Manager’s Contract of Employment:
11.3 The employee covenants that in all dealings with the media the employee will use their best endeavours to ensure positive publicity for the Council in accordance with Council’s communication policy.
Greens to request Local Government Department to undertake a ‘Better Practice Review’ of Newcastle City Council
Newcastle Greens Councillor Michael Osborne said today that he will ask for support from fellow Councillors to take up the Local Government Minister’s idea for his Department to undertake a ‘Better Practice Review’ of the Council administration.
The Minister for Local Government, The Hon. Paul Lynch, MP, raised on Newcastle radio yesterday the idea of getting the Department of Local Government to undertake a ‘Better Practice Review’ of the administration of Newcastle City Council.
“The idea of getting the Department to undertake a ‘Better Practice Review’ of the Council administration is a good idea because it will not only act as a ‘health check’ and perhaps restore some confidence in the Council but it will help focus attention on the key priorities,” Councillor Osborne said.
Under the Local Government Act 1993, one of the roles of the elected Council, as the governing body of the City, is to review the performance of the Council administration. The Department has reviewed more than 40 councils so far including Port Stephens, Maitland, Cessnock, Dungog, Muswellbrook, Gosford, Wyong, Penrith and Wollongong.
“The General Manager’s outburst in The Herald over the weekend, just before she went on a holiday to China, is of a great concern and certainly an inappropriate and unprofessional way to behave,” Councillor Osborne said.
“Promoting good governance and ethical conduct principles is one of the objectives of the Local Government Department’s ‘Better Practice Review’.
“At the same time, Councillor Buman’s constant attacks on the Council administration are not a constructive way to improve the performance of the council and its delivery of services.
“The elected Council needs to work with the Council administration to achieve the best outcomes for the City. The Greens on Newcastle City Council were elected to represent the interests of the residents and ratepayers of Newcastle and we will continue to do just that,” Councillor Osborne said.
More information about the Department of Local Government ‘Better Practice Review’ can be found on their website Local Government Better Practice
Town planning
Construction and maintenance of local roads, streets and bridges
Preservation of historic places
Food and public health services
Waste management and recycling
Supervision of building and development control
Parking control
Maintenance of parks, golf courses, sporting fields, pools and beach facilities
Provision and servicing of libraries, community centres, theatres and art galleries
Pet registration and control
Tourism services
Promotion of economic development
Child care facilities
Fire prevention enforcement and many more
"Newcastle City Council acknowledges that we are meeting on the traditional country of the Awabakal and Worimi peoples.
We recognise and respect their cultural heritage, beliefs and continuing relationship with the land, and that they are proud survivors of more than two hundred years of dispossession.
Council reiterates its commitment to address disadvantages and attain justice for Aboriginal and Torres Strait Islander peoples of this community."
