Is it necessary for our local councils to exclude the public from meetings under the confidentiality provisions, and what impact is this having on transparency?

Recently, The [Naracoorte] News has observed how councils interpret the confidentiality provisions of the Local Government Act 1999 (SA) (LG Act).

On occasions, some councils have listed about three matters in their public agenda under a heading “Confidential Items” or “Matters the CEO Recommends be Considered in Confidence”.

This newspaper [The Naracoorte News] questioned Naracoorte Lucindale Council mayor, Patrick Ross, and the Minister for Local Government, Joe Szakacs, if going into confidence was a “fair and transparent process” and what message this sends to the ratepayers who attend these public meetings.

Mr Ross said the question of going into confidence on various matters was always on his mind.

He said the Act (LG Act) was clear and gave clear advice on the issue, and the CEO, in his role, needed to ensure that the elected members were aware that there may be a matter that should be considered in confidence.

“To that end, all matters relating to the CEO employment and the review process are in confidence.

“On the question of request for quote of tenders for contacts to be let, and the subsequent proposal from the tenderers, these proposals are always subject to confidence as they are considered a commercial risk to have in the public realm prior to the contract being awarded.

“The relationship between the council and the commercial operators who may wish to tender for council contracts must be based on trust that the council will not be in the business of leveraging the information, which may be within the document.”

Is this fair?

Mr Ross said the council is in the business of delivering the work plan and capital projects identified in the annual plan at the most competitive price available and on time.

“This is our role, and this is what is expected by the ratepayers of the district.

“At the Naracoorte Lucindale Council Meetings, many items for decision are there for ratification, as these matters have been discussed at length at Strategic Asset Planning Meetings or the like, these are public meetings, and the SAP meetings are livestreamed. It may look to those watching a council meeting that there is no discussion on these items, but they can be assured that there is vigorous debate at times on matters raised at SAP Meetings.”

He said this often led to the council meetings being somewhat clinical in nature, and a meeting can arrive at items to be considered in confidence within 45 minutes of the start of a meeting.

“Council considers each item proposed to be held in confidence, and if it believes that it need not be in confidence, will not move to have it heard in confidence, this has occurred on several occasions over my term at NLC.”

He said in confidence matters were important.

“In confidence matters are important, and your councillors take their responsibility very seriously. If it is deemed by them that it need not be heard in confidence, it won’t.”

Local Government Minister Joe Sazakacs said councils were expected to conduct their meetings and discuss council business openly.

“Councils may discuss matters confidentially in the limited circumstances allowed for under the Local Government Act 1999,” Mr Sazakacs said.

He said if any person was of the view that a council was not complying with these requirements, they should consider making a complaint to the Ombudsman.

Shadow Minister for Local Government Sam Telfer said the ability for members of communities to attend council meetings and hear the debate was a crucial aspect of local government.

“There are definite circumstances in which a council should consider if a matter should be debated and decisions made confidentially, with the criteria for this being set out in the Local Government Act (Sect 90 [3]), and councillors should always consider carefully whether items that have been brought to their attention deserves to have this confidential treatment applied to them,” Mr Telfer said.

Have your say

Please feel free to write to The [Naracoorte] News and share your views or opinions on what you think of the issue.

This article appeared in the Naracoorte News.