Ratepayers rejoice at removal of recommended delegation to CEO

By Tahlia Facer

Members of the Bundaberg Regional Ratepayer Association (BRRA) were jumping for joy at council’s ordinary meeting after a controversial power of delegation to the chief executive officer was withdrawn from the list of recommended amendments.

During the week Bundaberg Regional Council revealed the proposed amendments to the CEO’s register of delegations, set to be discussed at Tuesday’s ordinary meeting, included one relating to the Land Act 1994.

Councils are able to delegate many of their decisions to either the Mayor or CEO so they can focus on strategic issues or as needed due to conflicts of interest.

This then gives those people with delegated powers the ability to make decisions without further consultation with councillors.

This particular delegation would have given BRC CEO Steve Johnston, as trustee of State Government land, the power to resign such land by providing a signed notice to the Minister, “and agree with the Minister on the day the resignation takes effect”.

Councils across the State are gifted parcels of land by the state to care for them in a trustee capacity, with Anzac Park and Drinan Park a few examples of this.

While the agenda states that the amended delegations were recommended by the Local Government Association of Queensland (LGAQ), BRRA president Helen Blackburn submitted a letter to the council on 29 May urging the reconsideration of the delegation relating to the Land Act.

“The BRRA understands this is an uncommon delegation to a CEO, having researched many councils’ delegations across Queensland, it is not a power that is readily provided by other Councils,” Ms Blackburn said.

The president posed three questions.

“Is there a parcel of land currently held in trust by the Bundaberg Regional Council which the CEO is considering resigning?” she asked.

“Why wouldn’t councillors want to retain this power, as any land held in trust would be generally held for the purposes of community use?

“Under what circumstance could the council see that this delegation would be required in an urgent sense (given the community interest in any parcel which may as trustee be resigned by council, this ought to be a matter for consultation with and of the community)?”

Ms Blackburn stated that the LGAQ was merely an association and that council did not have to follow any such recommendations.

“The BRRA therefore recommends that this delegation be removed from the pack to allow for more transparent and accountable processes within Bundaberg Regional Council, as the Local Government Principles prescribe,” she said.

When the item was brought before councillors on Tuesday, Cr Cooper read that the recommendation be to adopt the new and changed powers as outlined, “with exception of items under the Land Act”.

“BRRA is really grateful for its members turning up today in force and we see this as a win for the people,” Ms Blackburn said.

“The fact that power to the CEO [in relation to the Land Act] didn’t get approved is something that we asked for and we see this as a great win for all of us… with the CEO not being able to act outside of the councillors and making decisions unilaterally in relation to public land.”

Cr Cooper said he reviewed the recommendations made by the LGAQ following the briefing meeting last week and realised that particular delegation was not necessary.

“When I looked at it… I decided that it wasn’t necessary so I recommended it not be there,” Cr Cooper said.

Bundaberg Today asked the LGAQ if it had included the delegation relating to the Land Act in its recommendations.

“The LGAQ provides advice and advocacy for members, who make decisions in the best interests of their communities,” LGAQ chief executive officer Alison Smith said.

It’s not the first time delegations of power to BRC’s mayor or CEO have raised concerns.

In August 2021 it was revealed that under a rare delegation of power, Mayor Jack Dempsey single-handedly awarded the CEO a 16 per cent pay rise in 2019-20, which came into effect during the national Covid-19 lockdown.

BRC had previously refused to disclose the CEO’s salary, despite the Office of the Information Commissioner ruling its disclosure was in the public’s interest.

The salary was eventually disclosed at $428,600 per annum – exceeding many of the country’s premiers and ministers.

The mayor is also solely responsible for conducting the CEO’s performance reviews.

Both the Mayor and CEO’s delegation registers can be found on the BRC website.