Letter SENT to Community Newspapers - BUT NOT PUBLISHED

In regard to the story "Office Plan Off", Page 6, Comment News, Tuesday 19th, having been present at that particular Council meeting, I would like to point out something that seems to have been missed by everyone present, but as a point of order should be noted,.and with no offense meant to the person who actually made the statement that night.

It should be said "that the statement should not of been allowed to be presented to council", because it was not presented on the correct form before the start of the meeting, in fact the presiding member made a point of asking for the statement to be presented, when it was time for staments to be taken!! According to the standing orders, under local law, and every source that I can find, including the information clearly printed on the appropriate form and on the council's website, the form has to be presented BEFORE the meeting starts, therefore under local law it should not of been presented, and this person should not of been able to make their statement.

Having asked this question of the Director of Goverance, it seems that "...needs to be a level of flexibility to accommodate community members with little or no meeting procedure knowledge" I agree with this but, I always thought that ignorance of the law does not count. It was also said that (of the standing orders) "...They are intended to result in the orderly, efficient and effective conduct of meetings that hopefully provide better decision making by Council" but to me the best way to keep the peace is to follow the letter of the law as it is written, either the law is black and white or is it grey, or something that can be varied to suit the occasion, it makes me wonder what other local laws are flexible?

Some people may think I am being nit-picking by pointing this out, but should we not follow correct procedure?

Reply given

Mr Evans

The Staning Orders are a Local Law established under the powers conferred by the Local Government Act 1995. They are intended to result in the orderly, efficient and effective conduct of meetings that hopefully provide better decision making by Council. They are law and as such not "just a variation of GREY", however there at times needs to be a level of flexibility to accommodate community members with little or no meeting procedure knowledge.

The Standing Orders make provision for elected members to call a point of order where they consider the Presiding Member is not operating in accordance with the local law.

In relation to obtaining a copy of the recording of the meeting, if you contact Alexis Cranfield on 9391 3267 to determine in what format you require the recording she can make the necessary arrangements. The current fee for a copy of the recording is $12.50 which is to be paid prior to the copying taking place.

Regards

Trevor Perkins
Director Governance
City of Gosnells
Tel: 9391 3270
Fax: 9398 2922


NOTE: A reply in writing was requested, to be sent to my home address A REPLY IN WRITING HAS NOT YET BEEN RECEIVED!!!

Email sent Tuesday 19th June in reply

Having found and read thru the Standing orders, it seems to me that it is in Black and White that Public Statements can only be taken before the meetings starts, my question again is "can the Presiding Member vary this at his/her discretion" I understand the circumstances of why the statement was allowed to be presented, but I do not understand how it was able to happen, are the Local Laws that the Council is operated under Black and White or just a variation of GREY, that can be changed at the discretion of its members and staff