Councillors censured for not attending meetings and not providing apologies

At a special Council meeting on 19 July 2016, Council resolved its frustration that Cr Theo Zographos and Cr Robert Davies were not showing the professional courtesy to Council or the community they represent by providing apologies in advance of meetings missed or providing reasonable notice of a planned extended absence.

At the special meeting of Council, the Council resolved to require that Cr Zographos and Cr Davies provide certain apologies and undertakings to Council in relation to improving their conduct.

Neither Cr Zographos or Cr Davies responded to this resolution so it was appropriate for the Council to consider formal motions of censure in accordance with the Council’s resolution at the special Council meeting.

It is disappointing that Cr Zographos and Cr Davies failed to take responsibility for their past conduct.  They initially refused my efforts to follow up these matters internally in accordance with my responsibilities as mayor.  They then subsequently refused to address these matters when Council resolved formally on these matters.

However, even more disappointing than their failure of respond is that at the special meeting of Council they chose to personally attack, malign and unfairly portray others.  What they unfortunately do not grasp is this issue is not about them.  It is simply about the reasonable expectations that a professional workplace has as to how absences are managed, overlaid with the community expectations which rightly exist as to how people in elected public office will conduct themselves in their roles.

The special meeting of Council went for 90 minutes.  This was totally unnecessary and was a result of what was a deliberate approach on the part of these two councillors to muddy the waters, deflect attention from these matters and evade accountability.

Given these inappropriate responses, Council was left with no other option but to express its disapproval of their conduct through a formal motion of censure of both Cr Zographos and Cr Davies.

 

Council’s censure of Cr Zographos

 

In accordance with the Council resolution passed at the special Council meeting and given his lack of contrition, Council resolved to formally censure Cr Zographos for the following:

1. for missing six of the past seven meetings (prior to the special Council meeting) without an apology;
2. for failing to advise the Council or the community that he was apparently overseas on a period of extended leave and away from his Council duties;
3. for failing to respond to the reasonable enquires of the mayor in seeking to understand whether he would attend the 12 July 2016 meeting;
4. for failing to acknowledge or recognise that this conduct falls below reasonable community standards and reasonable professional conduct in the workplace; and
5. for misleading the Council in his attempts at the special Council meeting to defend his conduct by claiming that his apologies for each of the meetings held in June were provided for him by other councillors when this is clearly not the case.

 

Council’s censure of Cr Davies

 

In accordance with the Council resolution passed at the special Council meeting and given his lack of contrition, Council resolved to also formally censure Cr Davies for the following:

1. for not providing notice to the Council or the community that he was away on an extended period of leave from his Council duties despite him having already travelled overseas on a family holiday;
2. for providing inadequate notice of his apology for the June meeting despite him already being overseas on a family holiday at the time of providing his apology and, in particular, despite him being expected to provide an explanation to the Council in relation to a serious matter at that meeting;
3. for failing to respond to the reasonable enquires of the mayor in seeking to understand whether he would attend the 12 July 2016 meeting; and
4. for failing to acknowledge or recognise that this conduct falls below reasonable community standards and reasonable professional conduct in the workplace;

Setting clear expectations for future conduct

 

So as to avoid such conduct as exhibited by Cr Zographos and Cr Davies from being repeated again in the future, I also proposed that Council should codify its procedures around absences from Council and the giving of apologies.  These issues are not dealt with in the Local Government Act 1989 and have always been managed at Monash Council by custom and convention based on reasonable standards of professional conduct in any workplace and community expectations.

I recommended to Council that the Supplementary Standing Orders be amended to require that:

1. councillors must attend meetings (including briefing and strategy meetings);
2. councillors must submit an apology in advance of scheduled meetings of Council they cannot attend;
3. councillors must provide an explanation for any apology;
4. councillors must provide their apology directly to the mayor or CEO (and not to another councillor or person);
5. councillors must provide notice in advance of a period of leave; and
6. councillors must respond to reasonable requests for information.

In the same way as how Council has regained control of behaviour at Council meetings over the past two months, it is appropriate for Council to also act decisively to ensure that councillor attendances at meetings is similarly improved so community expectations can be met.  Council’s Governance and Behaviour Monitor also identified in his report on the June Council meeting the need for councillors to observe appropriate standards in providing their apologies for meetings they do not attend.