Tuesday, December 24, 2013

City of Melbourne's X-MAS nightmare for ex-resident

The City of Melbourne has issued a fine for not voting at the 2012 Municipal election even though they were not entitled to remain on the municipal role.

The person concerned had moved house in the weeks before the October 2012 Council and as such lost her entitlement to vote. Earlier this year the City of Melbourne issued fines for not voting. Appalled by council's administrative error they wrote to the City of Melbourne and informed them that she did not live within the municipality at the time and as such was not entitled to vote.

The City Council wrote back rejecting her application to have the fine revoked and increased  the fines value.  A situation that has caused considerable stress resulting in her having to seek medical attention and delays in paying her rent in the days leading up to Chirstmas.

The Melbourne City Council failed to explain on what basis they rejected her request to have the fine revoked.

The matter now has to go to court in order to right the wrong.  More stress and more costs involved.

Entitlements relating to enrolment     (1)     A person can only be enrolled on the voters' roll of a Council if the person is a resident in the municipal district of the Council or a ratepayer to the Council exercising an entitlement under and in accordance with this Division.

Friday, December 20, 2013

The City Council's failure to plan for Melbourne

It is often said that the City Council should be given back its planning powers? But should it?  The Council should not be judge jury and legislator.

The Council should be the administrator and have planning authority to determine the strategic plans for a city but it should not the the decider or interpreter of the planning scheme.  May councils do not have the skill or professionalism to determine what is good and what is bad.  Any limitation and restrictions should be spelt out in the planning scheme. A scheme which the City Council should have limited control over.

The Council should be an advocate on a planning decision but not the judge. To this extent the idea of decisions being made by professional planning authorities is a good one.  But the authority MUST consider and interpret the planning scheme in force correctly.  It the scheme is failing to address issues of broad community concern then it should be amended and the deciding body must reflect on those controls.

All too often we see the City Council itself ignore their won rules and guidelines like the time when Steven Mayne, Deputy Chair for the Planning portfolio ties to circumvent and ignore height limits that have been in force in the city for decades.  Planning on the run at a whim must be avoided at all costs

More often than not we also see the City Council pt up a pretense to fight an application when in fact they do not oppose it but do so for a variety of reasons one being community political pressure.

Ron Adams and Geoff Lawler are classic examples of administrators that ignore the planning scheme when it suits them.  The City Council has failed to incorporate policies designed it protect Melbourne Victorian Verandahs with Rob Adams actively seeking to allow balconies projecting over the foot path destroying the historic street scrapes.  his is an area where the City Council has absolute control as the building projects over public space,

Concerned at the loss of heritage and the impact it has on the Victorian Street Scape the City of Melbourne commissioned, be it reluctantly a document on Lygon Street verandahs. A policy that has been forgotten and not included in the latest planning review.

Anther example of slight of hand is the failure of the City Council, Geoff Lawler in particular to act to protect the amenity in Domain Rd. South Yarra.  The changes in State planning  that have been forced on the City Council means that the Domain Road precinct has now been classified as a Commercial One Zone (C1Z)  "Upgraded: from a Business one zone (B1Z).  The new C1Z planning zones come with an as of right use for licensed premises where the former planning

The Domain Rd precinct was designed to facilitate the needs to the adjoining residential precinct.but over the years the amenity of this precinct has been allowed to deteriorate, with the Council doing noting to protect its use and development.   Under the old planning scheme licensed premises needed a planning permit.  Under the new C1Z scheme retail premises no longer need a planning permit ad has a as of right use.  Licensed premises falls under the definition of retail premises and such such they too do not need a planning permit.  Night clubs tavern and the like where restricted before the amendment now they can be established without the need to even apply for a planning permit

Clem Newton Brown has been called on to act and to have licensed premises removed from the definition of retail premises. Something that Clem has failed to act on,  His inability to represent the local residents is an issue that is of considerable concern and one that has not gone unnoticed.  Residents in South Yarra have indicated they will campaign against him should he not address this issue

But it is not just Clem's issue, The City of Melbourne also has responsibility for this issue and they have done nothing. Geoff :Lawler was oblivious of the changes which effect not only South Yarra but North Melbourne, Carlton, East Melbourne and a host of other prec9incts that now fall under the provision of the new planning zones.

The City Council has placed in the too hard basket planning South of the Yarra, .South Bank has no provision for servicing residential amenity and South Yarra is in decline. It is just not of any interest to the City Planners who are looking to be engaged in newer more challenging developments such as Docklands and the Fisherman's bend precincts.  South Yarra dd not even get a mention in the City Council's five year plan and budget.

I would not hold my breath thinking that the ALP will address these issues either.  They have been  absent form the community debate for decades and have done nothing.  

Monday, November 25, 2013

Underutilised, Poor Urban Design and Planning South of the Yarra

The Age has published two articles by Jason Dowling and Clay Lucas that highlight problems with City of Melbourne planning and urban design.  Issues that the the City has failed to tackle.

Ask any resident in South bank or South Yarra and they will tell you that the lack of basic amenity and infrastructure is the main drawback of inner city living south of the Yarra 

There is no central focus for daily shopping in South Bank   The City Council has allowed the Domain Road precinct to deteriorate to the point where it no longer fulfills its intended use. 

Most notably is the lack of quality delicatessens or small supermarkets.   There are numerous seven elevens and a few small convenience stores that provide milk and basics.  Residents of South Bank and South Yarra are forced to either travel to South Melbourne or Prahran to buy daily produce South Bank lacks a residential amenity commercial precinct or square.  What business there are cater for the office workers not residents. This lack of amenity and planning has an impost and cost on inner city living.

The decline in Domain Road and other inner city residential commercial precincts are expected to further deteriorate as a result of inactivity and failure to act in behalf of the City Council. The changes to planning schemes introduced by the Minister in July 2013 will only exacerbate the decline further .  The shift from Business 1 zones to Commercial 1 zones will remove controls over planning and development designed to inner city residential development.

It comes as no surprise that the article in the Age reports that up to 8% of houses surveyed are empty.

The CIty Council has wiped its hands freom responsibility to plan or develop South of the Yarra.  the recent budget and 4 year plan has no projects or expenditure spent on South of the Yarra.  The Council Urban design team and planners have abandond this poart of teh city for the new precincts and new projects. Projects such as Docklands and Gishermans Bend that are also doomed to fail in the same way as South bank has.  As long as property hold and increase their value the Council will ontinue ti hide in the shadow of inactivity and complacently and Inner City remain captive to the car as a node of transport.  Eff9rts by the City Council to lock down the city by exempting developers from car p0arking requirements without a fee will not help.   Money collected from a car0-parking levy could and should be used to encourage more development of amenity and supporting residential use.

Rob Adams and Geoff Lawler and the City Urban Design and Planning departments turning a blind eye and ignoring the problems will not make it any better.  Part of the problem is the organisational disconnect between the two departments.

Saturday, November 16, 2013

In Honour of Professor Miles Lewis

The National Trust of Australia (Victoria) today awarded Professor Miles Lewis Honorary Life Membership.  Michael Peck's citation in nominating Mile's for what is the highest award and recognition stated.  An honour long overdue and well deserved.

Honorary Membership Professor Miles Lewis AM

Miles Lewis has had a profound influence on the development of the National Trust in Victoria. He has been involved since his early years, when his father Professor Brian Lewis was the first Chairman of the National Trust in Victoria in 1957, and President in the early 1960s.
At that time Brian was also the founding Professor of architecture at Melbourne University. Miles’ mother Hilary, an architect, was working in the faculty and Miles and his sister, Claire, were studying architecture.

From this strong and influential architectural background Miles proceeded to provide five decades of service to the Trust in Victoria and to the Heritage movement both here in Australia and overseas.

Throughout that time he has made an unbroken contribution to the Trust’s work by volunteering his time and services to Board and to committee work. He has applied his profound architectural knowledge to the editing and writing of Trust publications, to report writing and expert witness appearances at Planning Panels, VCAT and the Heritage Council. 

At various times Professor Lewis has been:

  • a member of Trust Council, member of the Executive,
  • founding Chairman of the Technical Advisory Committee,
  • founding Chairman of the Maldon Committee,
  • Chairman of the Churches Committee, and
  • member of a number of other expert and advisory groups, most notably the Buildings Committee.

Miles is the foremost architectural historian in Australia; he is Professor in the Faculty of Architecture, Building & Planning at the University of Melbourne. His outstanding intellect provided rigour and academic discipline to the Trust’s classification work, and he has provided thousands of hours of expert advice on the acquisition and conservation of Trust properties.
Miles is editor and principal author of Architectura: Elements of Architectural Style published in London and New York in 2008; he is also author of key heritage and planning texts including

  • Victorian Primitive,
  • The Essential Maldon,
  • Two Hundred Years of Concrete in Australia,
  • Victorian Churches, (which he edited on behalf of the Trust)
  • Melbourne: the City's History, and
  • Suburban Backlash.
Additionally Miles has published numerous academic articles and papers on architectural and building history, urban conservation, urban renewal and housing policy, as well as the invaluable Australian Architectural Index now available online.

Either alone or with others Miles has written for the National Trust the following:

  • Exterior Paint Colours: a guide to exterior colours for buildings of the Victorian period
  • The Collins Street Report (1978);
  • The National Trust Research Manual (2004);
  • ‘Philosophy of Restoration’, in Heritage and Conservation: the Challenges in the Pacific Basin published by the Australian Council of National Trusts in 1990.

In 1968 Miles was inaugural Chair of the Trust’s Maldon Committee. Its task was to influence the Town and Country Planning Board in preservation of the town. 

The Trust’s subsequent report Proposal for the Conservation of Maldon led to an Interim Development Order in 1970 to prevent adverse development and to the classification of Maldon as the first Notable Town. 

Miles was a founding member in 1976 of the Australian National Committee of International Council on Monuments and Sites, and subsequently its Chairman, and Miles substantially contributed to the writing of the Australian ICOMOS Burra Charter.
More broadly we can say of Miles that he was educated at Melbourne Grammar School and Melbourne University; won a University of Melbourne Special Award 1966-1969; and was appointed full-time at Melbourne University from 1970. 

Miles was joint recipient of the Royal Australian Institute of Architects Robin Boyd Environment Award in 1973, won the Walter Burley Griffin Award in 1982; Royal Australian Planning Institute [Victoria] Award for Excellence in 1994; Royal Australian Planning Institute [National] Occasional Special Award in 1995; he was made a Member of the Order of Australia in 2002; was awarded a Centenary Medal in 2003 for service to Australian society and the humanities, and made Honorary Life Member of the Comité International d'Architecture Vernaculaire in 2005.

The Citation for his Member of Australia Order reads as follows:
For service to architectural history, heritage protection and urban planning, particularly through policy development and professional organisations.
In the same spirit as that citation, that I am delighted to support the Board recommendation that Prof. Miles Lewis be made an Honorary Member of the National Trust of Australia (Victoria).

Carried by acclamation

Sunday, October 27, 2013

Engineering Congestion: Public Confidence in the slow lane

Public Confidence in the City of Melbourne Traffic Engineering is at an all time low.

Councillor Oake who chairs the Transport portfolio has placed the needs and interests of cyclist ahead of the needs of the City as a whole.

Melbourne City Council's latest proposal in its war against cars is to reduce the inner city speed limit to 30Km per hour but refuses to apply a 10KM speed limit on cyclists.

A proposal put forward by the City Council bicycle forum chaired by Greens; Councillor Cathy Oake has proposed  further measure to cause congestion within the City of Melbourne.Councillor.

Whilst the City Council claim they have consulted widely the fact is most of the consultation was meeting with select interest groups with the Council officers meetings with Cyclists and the Cyclist lobby groups in coffee shop style meetings.

Council refused to publish Public Submissions unless $25 FOI application fee paid

The City Council has refused to make public copies of submissions relied on in the formation of the City Council's transport strategy plan. Only executive summary is available. Requests to make copies of all submissions freely available were rejected by the Lord Mayor with Council staff stating that in order to obtain copies of submissions members of the public would have to make an FOI application. 

Public review of Bicycle Lanes rejected

In August this year the City Council rjected a proposal put forward by Crs Foster and Watts to undertake a review of the City Councils' bicycle network including the La Trobe Street Copenhargen style Bicycle lane  the City Council claiming that the La Trobe Street lane was a success and that they needed to push ahead and continue implementing the City's transport strategy. The City Council voted agsainst the motion for a review, gagging public debate.

Motorcyclist complain on Safety issues.

In June this year the City Council was forced to defer the adoption of the City Council's Pedestrian, Cyclist and Motorcyclist Road Safety Plan when Motorcyclist complained that that they were not consulated

The City Council engineers met with representqaives of the Motorcyclist community who are vulnerable road users and in doing so gavce a number of undertaking to consider fuirther the needs of motorcyclist in the City Council's transport plan. The Council undrtook to develope a Motorcycle Strategy plan  and include motorcyclists needs in the formation and review of future planning reviews.

The Council has yet to deliver on its promises. 

Last month's Council meeting failed to list Motorcyclist in the Council's review of the Princes Bridge Lane trial review.

Motorcyclist want the City Council to provide  and facilitate lane filtration, where motor cyclists can move to the front of the queue at intersections as is current afforded to cyclist.  They also want consideration to be given to the sharing of bicycle lanes where possible. Every time the City Council installs a bicycle lane motorcycle safety is ignored and placed at risk

Selective Consultation

The City Council failed to consult with Emergency service providers such as Ambulance Victoria., or the Metropolitan Firebridge in its Transport Safety plan.

Disabled groups were also not consulted along with a host of other road users and stakeholders.  The City Engineers have ignored concerns expressed by the RACV and other community groups

Thursday, October 24, 2013

METRO councils are under fire for spending more than $100 million a year on generous salaries for a small army of senior bureaucrats.


Melbourne City Council is the top employer with more than 130 senior officers earning at least $130,000 a year, including 18 executives getting $200,000-plus.

The council copped flak earlier this year when it increased CBD on-street parking fees by nearly 40 per cent and introduced a $5 fare for its tourist shuttle bus.

A Herald Sun analysis of 19 metro councils, which have released their annual reports, reveals they have more than 500 staff classed as senior officers earning $130,000-plus salaries.

The revelation comes just weeks after a major State Government survey found that more than 90 per cent of Victorians believed their councils could improve, with low scores given for management of roads, population growth and planning policy.

In 2012-13, the City of Melbourne spent $21.3 million on senior officer salaries, with CEO Kathy Alexander the state's highest-paid municipal executive on a package of about $440,000.
Ratepayers Victoria president Jack Davis said that too much of councils' rates revenue went into administration.

"We have far too many people employed by councils but not many workers," he said.

"There are too many officers whose big salaries can't be justified."

Dr Alexander said that Melbourne was a major council with a budget of $450 million and more than 1200 staff, including senior roles like divisional directors, branch managers and senior project staff.

"The national and international accolades the City of Melbourne has this year received in areas such as city safety, sustainability and climate change adaptation are an indication of the leadership, significant professional and technical expertise and experience of our staff," she said.

Dr Alexander said the number of senior officers had increased by 19 since last year but this was existing staff who had moved into a higher pay scale after an EBA wage rise.

"The figures quoted in the annual report relate to a total employment package that includes salary, superannuation, vehicles and leave loading," she said.

Among other councils, outer south-eastern Casey had 31 officers earning $130,000-plus, including five getting more than $200,000.

Boroondara had 27 staff in the senior officer category, with four people getting at least $200,000, while Port Phillip, Greater Dandenong and Knox had 25 staff on the senior salary package.
Of the councils surveyed, Nillumbik had the least senior officers, with six, including two on $200,000-plus packages.

Tuesday, October 22, 2013

Council Domain: Non-existent planning leaves South Yarra high and dry

the City of Mlebourhe has still failed to address residents South of the Yarra concerns over planning.

Changes to Melbourne's Planning Scheme was sidelined by Coucnil Staff who were caught out sleeping on the job.  

Previously licenced premises such as a tavern along Domain Road required a planning permit now they are an as of right use.

Domain Road should not be in a C1Z (Commerial 1 Planning Zone)

State member Clem Newton-Brown is yet to address this issue. 

When the zoning changes were gazetted late July Domain Road "strip shopping precinct" should have been moved into a Mixed Use zone but regretfully has been "upgraded" to the new Commercial 1 zones

Information  published on the Council's web site states:

About the changes

On 15 July 2013 the Minister for Planning introduced new commercial zones and modified industrial zones into all planning schemes in Victoria.

Replacement of the Business Zones with new Commercial Zones

The five business zones were consolidated into two new commercial zones:
  • the Commercial 1 Zone replaced the Business 1, Business 2 and Business 5 Zones
  • the Commercial 2 Zone replaced the Business 3 and Business 4 Zones.
Generally the new commercial zones broaden the range of activities that are allowed, without the need for a planning permit and remove existing floor area restrictions.
The Commercial 1 Zone (PDF, 135kb)
  • Allows tavern, hotel, and gaming premises without a planning permit, unless in a strip shopping centre where gaming premises are prohibited (a permit for a liquor license will however still be required).
  • Removes permit requirements for all retail uses (except for adult bookshop)
  • Removes permit requirements for all accommodation uses (other than a corrective institution, which is prohibited) subject to satisfying a 2 metre frontage condition
  • Exempts buildings and works from notice and appeal rights, unless the land is within 30 metres of a residential zone, a hospital or an education centre.

Wednesday, October 09, 2013

Melbourne City Council's Show Trial increments up a notch

The Melbourne City Council voted to make the Princes Bridge Bike lane a permanent feature following a report of false and misleading statements by City Engineer Geoff Robertson.

Mr Robinson in his report claimed that waiting times for traffic to cross Princes Bridge had increased by only 45 second and that there were no reports of Cyclist accidents due to car dooring.A fact that is not surprising given that cars do not park on Princes Bridge and are not expected to open their doors into mid coming bicycle traffic.

The City Council undertook a select serious of   time testing on Tuesday through to Thursday to determine the impact of the Bike Lane on City Traffic during the morning and afternoon peak periods.  They left off Monday, Friday's and weekend statistics as they would have distorted statistics included in the Council report. Friday being the heaviest traffic day of the week.

Missing from the report was information on traffic volumes before and after the lane closure. 

There number of cars exciting into Flinders Street per traffic light cycle had decreased from 22 down to 17 engineering congestion of 20%.  Whilst the movement of traffic across the bridge may be 45 second to one minute longer this does not include the time spent stuck in quest that are extending back to Dorcus Street during the peak traffic period.

The report also failed to make mention of the other peak traffic periods along St Kilda Road most notably the lunch time period from 12Noon to 2PM and the late night evening peaks on Friday and Saturday Nights. Where traffic crossing Princes Bridge comes to a crawl taking in excess of 10 minutes travel time. What the City Engineers failed to list is that there are no bikes using the Princes Bridge Bike lane at this time.  Congestion without bikes.

Safety issues left out

Geoff Robinson's report failed to list or mention safety concerns about the design of the bike lane at the South-Eastern corner of Flinders Street Station  where traffic de-merges from the single lane into two lanes.  With cyclists failing to dismount  whilst using the adjacent pedestrian crossing and the limited space for cyclists to travel.

This site is an accident waiting to happen.

Council's war on horses

Geoff Robinson in his presentation attacked Melbourne's  award winning Horse and Carriage operators complaining that the horse and carriages were using the bike lane instead of traveling in the single lane set aside for vehicular traffic. Geoff Robinson wants Victoria Police to monitor and fine the horse and carriages for travelling in the bike lane

If the horse and carriages traveled in the main traffic lanes we can expect more congestion and further waiting time delays.  The Horse and Carriages operate from 2PM until midnight most days and in the evening the bike lanes are empty.

On occasions when the horse and carriages stuck to the main traffic lanes frustrated drivers drove into the bike lane to pass the carriages on their left. A situation which would be much more dangerous then allowing the horse and carriages to use the less congested bike lanes.

Motorcyclists and Scooter riders

Earlier in response to Motorcyclist and Scooter riders safety concerns, the City Council gave an undertaking to list and include the impact of motorcyclist  in Councils reports.  Geoff Robinson has reneged on this undertaking and there was not mention or impact of motorcyclists in the published report. Motorcyclists, who are vulnerable road users, also want to be able to use the bike lane to safety pass traffic and consistently have complained that the City of Melbourne has ignored their concerns.

Haig Pulson, Senior City Engineer, previously indicated that the width of the Princes Bride traffic lane would be increased to 4.1 metres allowing room motorcyclists to filter though traffic.  Contrary to the undertaking given the width of the traffic lane has been pegged back to just 3.45 metres which does not allow sufficient room for motorcyclists to safely pass.

 Push for the Southern side to be reduced to a single lane

The City Council is now embarked on a campaign to further engineer congestion  and close down a lane of traffic on the Southern bound side of the bridge so as to be able to remove speeding cyclist from sharing the foot path.  

A lane closure on the Southern bound side of Princes Bridge would be much harder to implement and is opposed by the State Government Vic Roads.  Most of the traffic in Flinders Street turns left into Swanston Street to travel South., To reduce the number of lanes from two to one would  have a rippling effect causing major congestion and gridlock though-out the city.  Before Council can contemplate traffic lane closures they would have to reduce the number of cars traveling along Flinders Street turning left into Swanston Street.  

Alternative Options

The best solution would be to close St Kilda Road/Princes Bridge/Swanston Street to non essential traffic allowing Taxis, Motorbikes, Buses and trams only but there is no viable alternative for cars wishing to travel from the Southern side of the City into and from the City Centre currently in place.

One option that has not been considered by the Council's Traffic management has been the use of Bateman Avenue near the Tennis Centre  that links up to Exhibition Street. Bateman Avenue is underutilized and and only serves as a exit point for cars wishing to use the toll way to access the Monash Freeway.  It's inbound South North traffic is minimal.

The Council, in consultation with Vic Roads and Trans Urban -City Link who manage the Bateman Ave toll way, should be looking at upgrading the Swan Street Bridge or building a new bridge that crosses the Yarra river allowing traffic to link up with Linithgow Avenue on the Southern side of the river.  Providing an alternative traffic connection would address all concerns and allow for the restricted closure of Swanston Street Princess Bridge connection.

Green's Council Cathy Oake, who chairs the Council Transport Portfolio, indicated last night that the Council had not yet considered this option even though it has been talked about for decades.

Councillors off to China on a junket

Melbourne City Councilors Ken Ong (Liberal) and Richard Foster (ALP) are both off to China in ongoing rounds of overseas Junkets, although Richard Foster, who was elected with the support of RESIDENTS FIRST:STOP THE RATES RIP-OFF!, claims the China Trip is not a Junket.Foster's name was kept secrete from teh original report which listed Cr Ong plus one other City Council. It is unkown if the other was a draw from the hat but the City of Melbourne needed to bring Richard Foster under the spell and umbrella of junkets and overseas in-house trips rewards system.

Lord Mayor Robert Doyle who  recently traveled to London on a $10,000 junket to discuss Policing in Capital Cities (Unlike London Melbourne has no role in policing which is the responsibility of State Government) is off to New York later this month on what is widely seen as another junket and breach of the Lord Mayor's previous electon undertaking to not go on a junket.

Free from this obligation, Robert Doyle claims that the No junkets policy was made in the previous election and does not apply to his election in 2012, Robert Doyle's of the view that he has earned the right to travel around the world at Councils expense.

Saturday, September 21, 2013

Melbourne City Council weighs up value of Lord Mayor Robert Doyle's planned US trip

Lord Mayor Robert Doyle has been invited to a summit in New York.
Lord Mayor Robert Doyle has been invited to a summit in New York. Source: News Limited

Source: Herald Sun

  LORD Mayor Robert Doyle is set to jet off overseas on a ratepayer-funded trip to New York next month.

Melbourne City Council will meet next Tuesday to decide whether or not to give the Lord Mayor the green light for the trip to the United States.

Cr Doyle will be handed a kitty of $3500 for the one-week jaunt if it is given the go-ahead.

The cash will go towards accommodation and expenses, according to council agenda notes.
New York Mayor Michael Bloomberg has invited Cr Doyle to a summit on how to make cities more livable, sustainable and healthy.

Costs for the trip will be met from the existing 2013-2014 annual plan and budget allocation, the notes state.

Cr Doyle famously announced "no junkets'' as his election platform in 2008, which he later clarified to mean he was opposed to trips that showed no benefit to the public.

He did not make the same commitment last year when he was re-elected in a landslide.

The agenda notes state: "This is an unprecedented invitation for the City of Melbourne.

"The Lord Mayor will be in a pivotal position to showcase the city's achievements."
Last month Cr Doyle rubbed shoulders with Boris Johnson when the London Mayor visited Melbourne.

In 2009 Cr Doyle stayed in a $1200-a-night hotel suite while in Copenhagen for global climate talks.

On that occasion city ratepayers paid more than $50,000 for the trip and a stop-off in London.


Sunday, September 15, 2013

Developer's hidden link to Cr Doyle

Source The Age: Melissa Fyfe and Royce Millar February 14, 2013
LORD mayor Robert Doyle received tens of thousands of dollars from donors connected to a property developer with big plans for Melbourne's skyline, yet the official donation list obscures the businessman's links to raising money for Cr Doyle's re-election campaign.
Robert Doyle.A Fairfax Media investigation of Team Doyle's campaign funding has thrown doubt on a number of donors and revealed apparent breaches of the Local Government Act, with the official donation list containing misleading information, wrong names, wrong addresses and the non-disclosure of the members of a trust.
One of Victoria's most experienced local government lawyers, Terry Bramham, described the Team Doyle official list, or return, as ''curious''.
''You have a number of individuals from far-flung places with no clear connection to the City of Melbourne making substantial donations,'' said Mr Bramham, of Macquarie Lawyers. ''Why would they be doing that?''
Mr Bramham said the questions raised by Fairfax Media were sufficient to justify an official investigation into city council campaign funding last year.
The most notable transparency problem is the connection between Chinese-born Jeff Xu - a developer and entrepreneur who has pushed for the fast-tracking of high-density development in Melbourne - and donors named Yif Yufu and Amy Meng Li.
Neither Mr Xu nor the companies he is publicly associated with are listed on the official return. The five Team Doyle councillors would therefore be unlikely to declare a conflict of interest when voting on applications from his many city business interests.
But Fairfax Media has found that although Yif Yufu appears to be a person, the actual donor of $15,000 to Cr Doyle was Australian Yifu Investment Development Pty Ltd, which Mr Xu part-owns through his company J. Xu Nominees.
Amy Meng Li, who lives in Maribyrnong and confirmed to Fairfax Media that she has no other business interests in the city, gave $8000 to Cr Doyle. She is an accountant for Dahu Nominees, of which Mr Xu is sole director and only shareholder. Ms Li said her donation to Cr Doyle was an individual decision, not on behalf of Dahu. She refused to comment further.
Last year Fairfax Media revealed a property developer's claims that Cr Doyle's No.1 council candidate, Kevin Louey, had asked developers for tens of thousands of dollars in donations in return for access to Town Hall. In the wake of these articles, Mr Xu denied being asked to donate to the Doyle campaign or having promised financial support. The cash-for-access claims are being investigated by the Local Government Investigations and Compliance Inspectorate.
Mr Xu on Wednesday refused to comment when asked if he had donated to city council candidates.
The Fairfax Media investigation also found:
■Thousands of dollars were donated by people living in modest flats in Clayton South, Chadstone, Box Hill and Maribyrnong with no obvious link to the City of Melbourne.
■Donations to Team Doyle from the property industry were more than half - $200,000 - of Cr Doyle's $380,000 declared re-election war chest.
■Despite legal requirements to name the trustees of any donating trust, Team Doyle failed to name the trustees of the Sydney-based Heng Xing Family Trust, which donated $20,000. Council candidates who received this money could be penalised as much as $40,000.
■Team Doyle member Kevin Louey's return listed the Guangdong Association of Australia as donating $1000. But the Guangdong Association of Australia Inc has confirmed it did not donate. The Guangdong Overseas Friendship Association of Australia's secretary, Tony (Yuan Hui) Du, said a member, a woman friendly with Mr Louey, had wanted to hide her donation from her husband. ''She asked if she could use the name of the association,'' said Mr Du.
■Donor David Ting, who gave $2500 to Team Doyle, does not live at the Box Hill address provided on the return.
■Accountant Jian (Ken) Huang and his wife, Samantha To, are listed as contributing $5000. But Mr Huang said he believed their donation was actually $10,000.
Mr Xu is building a Sheraton hotel in Little Collins Street and the Emerald apartments in South Melbourne. He owns the Rainbow entertainment complex in Bourke Street and has an interest in a string of central city restaurants.
In its previous term, the Doyle council supported the 32-level Sheraton project and an extension of Mr Xu's karaoke club's licensing hours from 1 am to 4am. The extension was granted despite a ban on new liquor licences in the city beyond 1am.
Confidential minutes from an internal licensing committee reveals that throughout 2012 Cr Louey attended meetings - not usually attended by councillors - at which Mr Xu's licensing application was considered.
In December Fairfax Media reported that the city council could be denied a say on key city building projects, with a majority of councillors conflicted by donations from active developers.
Cr Doyle spoke to Fairfax Media on Wednesday on several occasions, criticising decisions by Planning Minister Matthew Guy, but did not return numerous calls for this story.
Cr Louey told Fairfax Media that the name Yif Yufu did not ''ring a bell'', nor did he know David Ting. Cr Louey then ended the interview. Team Doyle councillor Arron Wood said he did not know any of the donors. Team Doyle councillors Beverley Pinder and Susan Riley did not return calls.

Wednesday, August 28, 2013

Lord Mayor Robert Doyle exonerated from allegation of harrassment - Councillor Conduct Panel

The City of Melbourne tabled the report of the Councillor Conduct Panel in response to a complaint lodge by Councillor Jackie Watts in 2011
The report was published earlier today and attached to the City of Melbourne's Minutes
The order of the Panel is that the Application for a Councillor Conduct Panel made by Councillor Jackie Watts on or about 6 February 2013 in respect of Councillor Robert Doyle be dismissed pursuant to section 81J(1)(e) of the Local Government Act 1989.

Dated: 21 August 2013

Full Text of report. (Format altered in data conversion).

In the matter of the Local Government Act 1989 and In the matter of an application for a Councillor Conduct Panel, City of Melbourne





1. Councillor Jackie Watts lodged an application with the CCP Registrar, City of Melbourne, on or about 6 February 2013 asserting that Councillor Robert Doyle, Lord Mayor, was in breach of the City's Councillor Code of Conduct ("the Code").
2. Cr Watts' application was supported by two documents identified respectively as "Statement 1" and "Statement 2".
3. On 7 March 2012, following a Directions Hearing held by the Panel on 6 March 2012, which both parties attended, Directions were issued which required Cr.
Watts to identify the provisions of the Code that were said to have been breached by Cr. Doyle; to set out the matters that were said to constitute the breaches; and to provide relevant documentary evidence. The Directions required Cr. Doyle to respond and to provide any supporting documentary evidence.
4. In response, on 17 March 2013, Cr. Watts submitted a document headed: "Statement 3 —As requested at Directions Hearing March 6, 2013". In that document he provisions of the Code relied upon were stated as:
  • The Councillor Conduct Principles; Primary Principle, Clause 2.1; General Principles, Clause 2.1; • Misuse of Position, Clause 3.1;
  • Values and Behaviours, Clauses 4.1 and 4.4;
  • Protocols Supporting Decision-Making Structures and City Representation Role, Clause 5.
1 Paragraph 72 of these Reasons has been amended to correct an error with respect to the application of the Meeting Procedures Code.

5. Cr. Watts did riot relate each of the above provisions of the Code to all of the specific allegations made in her Application, but did so in respect of some. That has left the Panel the task of attempting to elucidate the precise breach alleged, in some cases. However, the Panel understands Cr. Watts' argument, in essence, to be that the "pattern of behaviours over time (August 22011 — November 2012)" of Cr. Doyle, demonstrated in the allegations made against him, substantiates the several breaches of the Code alleged and noted above.
6. With regard to the alleged "pattern of behaviours over time" Cr. Watts states, under the heading "Complaint Context" that:
From the outset, a pattern of behaviour emerged in which RD acted towards JW in a manner, which was disrespec tf ul, and de-stabilising. JW experienced unnecessary anxiety and exclusion, which impeded her work. –
7. A hearing was held before the Panel on 16 May 2013 at which both parties made oral submissions.
8. Subsequent to the hearing, further documents and submissions were provided to the Panel. The provision of further material was not in compliance with the Directions of the Panel. At the hearing, Cr. Watts' expressed her intention of providing such material. This was quite properly objected to by Cr. Doyle, in view of the Directions previously given and the need to bring the matter to finality. However, the Panel has determined to receive further material and to take it into account in the interests of achieving completeness in the determination of the'issues raised by the Application.
The impugned conduct
9. Although, as noted, Cr. Watts' application is in respect of the pattern of behaviour alleged to have been engaged in by Cr. Doyle, it will be necessary for the Panel to examine and make findings in respect of each allegation.
10. Before discussing the allegations, and the response of Cr. Doyle, we set out each of the matters relied upon by Cr. Watts (retaining the numbering used in "Statement 3":
4.1      Refusal to assign Portfolio responsibility, to IW during her entire first term on Council (August-2011 — October 2012);
4.2      The Personal Explanation/Statement Episode (September — October 2011);
4.3      The Bullying and Harassment episode (March — April 2012);
4.4      RD Warning Councillor (April 2012);
4:5      Incident at Special Confidential Meeting (September 4 2012);
4.6      RD Refusal to participate in mediation and 'conditional' mediation (October 2012 — February 2013);
4.7      Sustained pattern of behavior including exclusion, disrespect, n, (sic) lack of Recognition at Meetings during JW entire first term (August 2011 — October 2012);
4.8      Attempt to discredit TW's complaint at Directions Hearing (March 6, 2013).
Portfolio responsibility
11. Cr. Watts says that she repeatedly put forward requests that some form of Portfolio responsibility be allocated to her. It was her expectation when joining the Council that she would be allocated portfolio responsibilities, possibly as Deputy Chair, until she became familiar with Council operations and protocols.
She argued that, without portfolio responsibilities, "[c]ouncillors are denied access, to information, access to officers, and suffer from a lack of exposure to the electorate...[w]ithout a Portfolio a Councillor is effectively 'disenfranchised'.
12. Cr. Watts set out a number occasions or opportunities that she believed would allow her to attain Portfolio responsibilities, butt despite the existence of such opportunities, no allocation was made to her. It is unnecessary to set them out here.
13. Cr. Doyle's response to this ground of application was that the allocation of Portfolio responsibilities was a matter reposed in him by a prior decision of the Council.
14. Subsequent to the hearing Cr. Watts, in a document dated 21 May 2013 provided to the Panel, asserted that the previous decision of Council referred to by Cr. Doyle "...would not have granted to any Lord Mayor the right to make decisions based upon a whim or a personal agenda without objective criteria". She argued that a Councillor who sought, but was denied, portfolio responsibilities over an extended period should "be provided with the criteria upon which decisions were made", noting that she was not provided with any such explanation.
Personal Explanation/Statement
15. This ground of complaint concerns the alleged conduct of Cr. Doyle in respect of a Personal Explanation given by Cr. Ken Ong at a Council meeting held on 13 September 2011. That Personal Explanation was said to be a response to a motion put by Cr. Watts at the Council meeting on 6 September 2011which called upon the Minister for Local Government to undertake a review of the -City of Melbourne Act, which motion was lost.
16. Cr. Watts complains that she was given no prior notice of the motion : She says that the right to make a Personal Explanation had been availed of only once in the previous decade. She says that Councillor Ong had "struggled with meeting ' protocol in the past" and was likely to have sought advice before adopting what she referred to as "this unusual procedural device".
17. It was of concern to Cr. Watts that the Personal Explanation given had misinterpreted the substance of her motion of 6 September 2011, had implied racist intent, was critical of those who spoke in support of her motion, and of those in the comMunity who supported the motion. She believed that the allegations or innuendo contained in the Personal Explanation had the potential to damage her reputation.
18. When she spoke with the Deputy Lord Mayor (Cr. Riley), Cr. Riley denied that either she or Cr. Doyle had prior knowledge of the Personal Explanation.
19. Subsequently, Cr. Watts says she learned that Cr. Ong had been assisted by Cr. Doyle with his Personal Explanation and learned this, it appears, from constituents who had attended a meeting of the Coalition of Residents and Business Associations which had been addressed by Cr. Ong. Cr. Watts believed that officers of the Council had attended the meeting, and approached Cr. Ong for notes taken by Council officers at the meeting. Cr. Ong refused to provide such notes and, at a Councillor-only meeting, Cr. Doyle refused to support her request for such notes.
20. Subsequently, on 4 October 2011, Cr. Watts presented her own Personal Explanation. During the course of which she alleges that Cr. Doyle blatantly ignored her and rudely conferred with officers. Further, in that meeting Cr. Watts also submitted an Urgent Motion to enable her Personal Explanation to be recorded in the Minutes, noting that Cr. Ong's Personal Explanation had been recorded in the minutes. Cr. Watts claims that, in respect of that motion, Cr. Doyle: "used his majority on Council to defeat [the motion] and deny her natural justice".
21. The Notes of the meeting held between Cr. Ong and COREA representatives on 14 October 2011 were provided to the Panel by Cr. Watts. In her document of 21 May 2013 ("Evidence and Clarification post Hearing, 16 May 2013") Cr Watts states that "[t]hese notes were circulated amongst CoRBA members at the time."
22. In response to Cr. Watts' claim, Cr. Doyle submitted to the Panel a statement dated 24 May 2013 signed by Cr. Ong. In that statement Cr. Ong says that thern Personal Statement he presented was prepared by him "and was not done with any assistance from the Lord Mayor or any other Councillors". 'He says further that he had consulted with the Council's Manager of Governance as to his ability to make such a statement, and denies having colluded with the Lord Mayor or other Councillors as to the matter. Although he had mentioned to Cr. Doyle his desire to make a statement relating to comments made by CORBA in their submission to the Future Melbourne Committee meeting, the contents of his personal statement were not discussed with him.
23. At the hearing before the Panel, Cr. Doyle denied that he had had any involvement with the preparation or content of Cr. Ong's statement.
24. The Panel notes that there is an apparent conflict between the Notes of the meeting between CORBA and Cr. Ong on 14 October 2011 and Cr. Ong's statement dated 24 May 2013. In the Notes, it is stated that: "Cr Ong advised that it was only on the weekend before FMC2 that he drafted a response statement and discussed it with the Lord Mayor".
25. Subsequent to the hearing the Panel was provided With a copy of the Melbourne City Council Conduct of Meetings Local Law 2010 and the Meetings Procedure Code. The latter makes provision in cl. 3.17(r) for Personal Explanations. At sub-para.(i)(B) it is provided that a copy of the Personal Explanation is to be provided to all Councillors at the meeting where the personal explanation is to be made and read out word for word. It is to be observed that there is-no requirement for prior notice of the personal explanation to be given to Councillors. The Personal Explanation is required to be appended to the minutes of the meeting at which it is made "without the need for further commentary in the minutes".
26. Cr. Watts complains that Cr. Doyle was instrumental in securing a vote of Councillors which had the consequence that her personal explanation was not appended to the Minutes. Cr. Doyle's response at the hearing before the Panel was that he denied holding any "locked in" majority of Councillors.
Alleged bullying and harassment, March-April 2012
27. This allegation arises out of complaints made by Council officers to the Chief Executive Officer as to the conduct of Cr. Watts in approaching and questioning officers of the Council. Cr_ Watts' concern, however, as stated in her "Statement 3" is with "...the damaging manner in which [Cr. Doyle] chose to progress or 'resolve' the matters raised by the CEO" and the pattern of behavior that she says was subsequently engaged in by Cr. Doyle being, she says, to attack her "in a manner designed to de-stabilise, intimidate and suppress".
28. In summary, Cr. Watts relies upon the following matters:
  • On 17 April 2012 Cr. Doyle invited Cr. Watts to his office ostensibly to discuss a motion pertaining to the Library. Instead, once in the Lord Mayor's office, she was informed by Cr. Doyle that he had received a complaint from the CEO about her detailed questioning of officers. Cr. Doyle's Chief of Staff was also present.
  • At the meeting in the Lord Mayor's office, Cr. Doyle told Cr. Watts that the complaints were serious and could possibly result in her dismissal from Council, but gave her no further information about the complaint. Cr. Watts says that Cr. Doyle told her that she should consider obtaining independent legal advice. Cr. Watts also states that, had she realized the purpose of the meeting, she would have brought a witness or note-taker with her. She inferred that the purpose of the meeting was to alarm or intimidate her.
  • When she became aware of the true nature of the complaints she considered that they were not as Cr. Doyle had originally described, and that in fact "...officers appeared to be genuinely concerned that [Cr. Watts] should be made aware so that she would not be inadvertently compromised" and amounted to constructive feedback from officers.
  • In light of her appreciation of the true nature of the officers' concerns, Cr. Watts says that she sought from Cr. Doyle "clarification on the way forward" noting the absence of an internal dispute resolution process under the City of Melbourne Councillor Code of Conduct.
  • Cr. Watts says that thereafter Cr. Doyle "persisted in taking a controlling position in the matter, attempting to frame the matter in terms of [Cr. Watts] being incompetent" with no understanding of her role on the Council and suggesting that the officers complaints ought to be referred to a Councillor Conduct Panel.
  • Cr. Watts asserts that Cr. Doyle later withdrew these "threats" in a letter sent to her, but that the tone of the letter was "... extremely disrespectful and insulting alleging that [Cr. Watts'] behavior had somehow changed".
  • Cr. Watts then complains that, despite suggesting that she obtain independent legal advice, Cr. Doyle refused to support her in proposing a motion at a Councillor-only meeting for reimbursement, and she decided not to proceed with the motion.
29. In her oral submissions at the hearing, Cr. Watts put that Cr. Doyle was opportunistic in the manner that the complaints were handled and in an attempt to destabilize her and leave her without resources. She also suggested that the complaint against her was not pursued legally because it had no substance, and denied that she had been provided with all the information, and had been "spooked" by the meeting she had with Cr. Doyle and his Chief of Staff. The way in which Cr. Doyle chose to progress the matter was inflammatory and distressing. Email exthanges with Cr. Doyle, she said, painted her as a vexatious person.
30. Cr. Doyle, in his written submissions dated 3 April 2013, asserts that Cr. Watts conducted herself towards Council officers in a way which gave rise to complaints to the Chief Executive Officer, which were referred by the CEO to the Lord Mayor then to Cr. Watts. Cr. Doyle notes that Cr. Watts had been provided with the documentation which was the foundation of the complaints by officers, and considers that Cr. Watts' characterization of the complaints as no more than "constructive feedback from officers" as demonstrating a lack of insight and lack of understanding as to the serious issues raised in that complaint process. Cr. Doyle refers also to legal advice obtained from Maddocks, Solicitors, which was confirmatory of inappropriate conduct on the part of Cr. Watts.
31. Further, Cr. Doyle argues that Cr. Watts has failed to make out her allegations as to Cr. Doyle's conduct in that she has failed to provide elaboration or any specifics. In particular he noted that she referred to "a series of hostile emails" without producing them. Cr. Doyle asserts that he has at all times sought to deal with Cr. Watts with respect and patience.
32. In his oral submissions to the hearing, Cr. Doyle did not concede that no case had been found in respect of the conduct by Cr. Watts complained of by Council officers. He suggested that what he had done in respect of the officers' complaints was consistent with the advice from Maddocks, and that it was necessary for him to respond to Cr. Watts because the CEO had raised the matter with him Further, Cr. Doyle denied that it had been suggested that Cr. Watts obtain her own legal advice, but rather that she had been offered training through Maddocks.
33. The Panel notes the correspondence between the Manager, Governance and the Chief Executive Officer and the Lord Mayor with respect to the complaints by officers against Cr. Watts. The complaints were referred by the Manager Governance Services to the CEO, who suggested that the matter be referred to the Lord Mayor. What appears to be in-house legal advice was sought by and provided to the CEO by Mr Kim Wood. Numerous emails sent by or on behalf of Cr Watts to Council officers were, it appears, provided to the CEO and senior management of the Council.
34. The Panel has also been provided with a copy of a Memorandum from the CEO, Dr. Alexander, dated 26 March 2012 addressed to the Lord Mayor attaching a note she received from the Manager Governance Services dated 23 March 2012, and attaching various documents emanating from Cr. Watts to Council officers.
Dr. Alexander concluded her Memorandum by stating: "I share Keith's concerns about Cr. Watts' behavior in relation to the two matters."
35. Cr. Watts provided the Panel with copies of correspondence between herself and Cr. Doyle on the question of the conduct of Cr. Doyle towards her in respect of the allegations that she had acted inappropriately towards Council officers. These are the following:
Watts to Doyle, 16 April 2012. Cr Watts writes noting her agreement that a meeting with the CEO would be useful, in the hope that it will bring clarity and a satisfactory resolution to the situation. She goes on to say:
I am pleased that we have both recognized that the CoM Councillor Code of Conduct is deficient in that it makes no provision for an 'internal dispute resolution process' and obviously, this omission should be rectified at the first opportunity.

I am also pleased that you agree that it is reasonable of me to request an assurance that the CoM will fund, should this prove to be necessary, my seeking independent legal advice on the matters raised.

So My objective for the meeting is, if possible [sic], clarify the following:
1. What obligations do CoM officers have to provide Councillors with Council-held information on matters of interest to constituents?
 2. What specific processes are available to a Councillor (without portfolio) to request detailed information from CoM officers?
3. What specific actions are available to Councillors when not satisfied with the scope, quality and accuracy of the information provided by CoM staff?
4. What is the specific legislative, regulatory or policy basis of the CoM's position on the questions posed above?
 Doyle to Watts, 16 April 2012.
Cr. Doyle writes that he is not sure that Cr. Watts has grasped the immediate seriousness of the situation and says:
...this is not an opportunity for you to preemptively pose yet more questions to frame your preferred outcomes of the meeting. My invitation to you is to take part in an agreed informal meeting to seek agreement on next steps.. .1 am not the arbiter or mediator in this situation. I do not have a particular view of the allegations, contrary to your email. Therefore another Councillor, or a legal or governance representative for your or the CEO is not appropriate at this meeting.
My role is to determine whether your behavior could be seen to have an improper effect on City of Melbourne officers. It is the effect of your behavior on them that is at issue: not your view of the behavior/questioning/tone of your conduct.
It is my intention to proceed with the meeting as planned....
Watts to Doyle — 16 April 2012. Cr. Watts writes:
I gather from your email. [of the same date] that there is no (or never was no) intention on your part to seek a constructive resolution of the matter at the proposed meeting.
I find it regrettable that you perceive that I"pre-emptively pose yet more questions to frame your preferred outcomes of the meeting".
What I was seeking from this meeting was clarification and establishing a 'way forward'.
Your response in seeking 'an agreement to next steps', seems to suggest that you have indeed pre-judged me and pre-determined the outcome of our meeting.
As discussed, I like any reasonable and prudent person, will not agree to any 'next steps' without first seeking independent legal advice...
I am puzzled as to the reason that you propose meeting at all if no genuinely constructive outcome is being sought.
Nevertheless, in the spirit of goodwill and co-operation, I am prepared to proceed with a meeting; but, given the tone of your email, I must insist that an observer of my choice be present.
Doyle to Watts —18 April 2012. Cr. Doyle states that he is acting in good faith on a complaint made by the CEO; that he is endeavouring to ensure that good practices and procedures protect Councillors from risk of breaching the Act and that: "My role is to be a facilitator not mediator or arbiter in a meeting between yourself and the CEO... [pjlease do not engage with further questions, assumptions or assertions about the meeting or my role and motives. I have made all these matters clear". A meeting date of 19 April 2012 was proposed.
• Email — Doyle to Watts 19 April 2012 which states:
...it is now three weeks since I first raised the issue of the CEO's letter to me regarding concerns about your behavior.
 On 30 March I offered governance advice and training regarding the Local Government Act. My note to you specifically limits the offer of independent legal advice from Maddocks to this advice and training.
I must now insist that you either commit to a meeting with the CEO and myself as facilitator without third parties in an attempt to resolve the concerns raised in the CEO's letter; or that you indicate that you do not wish such a meeting to take place.
Further delays are unacceptable.
It is a normal process for the CEO and Councillors to meet in order to resolve problems. It is not a situation where legal advice is required. If you believe it is necessary then it's a matter for you to fund.
I need your response to be unequivocal and either accept the proposed meeting or decline it.
 • Email — Watts to Doyle 20 April 2012 in which she denies that she objects to a meeting taking place, but rather welcomes the opportunity, but states: "...as I have previously stated: given the seriousness of the allegations, your notes and emailed comments to date,"I am not prepared to meet with you or the CEO on this matter at this time on the conditions that you have imposed, that is to say, without the benefit of legal advice and the presence of an independent witness."
36. Some resolution of the matter appears to have been reached by 9 May 2012 for on that date Cr. Doyle wrote to Cr. Watts stating that he had investigated a range of resolutions of the complaint and that: "I am loathe at this time to proceed to the Councillor Conduct Panel process, or the alternative of requesting the Chief Municipal Inspector to investigate. Such public processes can do no good to the reputation of anyone involved, especially yourself" The letter went on, inter alia, to assert that, contrary to the views of Cr. Watts, the Code of Conduct was adequate; that not having legal advice and representation did not prevents a meeting of CEO and Councillor; and refuting her suggestion that she had been offered legal representation rather than training in governance through the legal firm of Maddocks.
37. Cr. Doyle's letter concluded:
Given that yOur behaviours have changed, I plan to close the matter. If however, there is a resumption of behavior resulting in a further complaint to me, I will not hesitate to act and move these matters to formal, external investigation.
Cr. Doyle Warning Councillor
38. Cr. Watts says that she informed Councillors by email about the circumstances described above under the heading Alleged bullying and harassment, March-April 2012. The gravamen of her complaint about Cr. Doyle is that he warned "at least one fellow Councillor Brian Shanahan in a threatening manner that he would be wise to distance himself from [Cr. Watts1". This ground of complaint also asserts 10 that Cr. Doyle had spoken to an (unnamed, but presumed by the Panel to be Mr Peter Clarke) former Councillor and in which conversation he described Cr. Watts as "difficult", suggesting that the Council had functioned better before Cr. Watts joined the Council.
39. Subsequent to the hearing, Cr. Watts made contact with Cr. Shanahan, and submitted a chain of email correspondence that she had with him. In doing so, Cr. Watts claimed not to have understood the requirement of the Panel that all evidence to be relied upon be available at the hearing, despite clear Directions having been given by the Panel.
40. At the hearing, Cr. Doyle objected to Cr. Watts being provided with further opportunities to develop her case, and in the Panel's view, that objection was well-founded having regard to the clear directions of the Panel and the opportunities that were available to Cr. Watts to have all evidence ready and available for the hearing. Nevertheless the Panel has been prepared to receive the material Cr. Watts provided.
41. In his email to Cr. Watts dated 27 May 2013 Cr Shanahan stated:
I would first like to place on record my astonishment that the Councillor Conduct Panel is not able to interview relevant people such as myself The Lord Mayor did speak to me in this context concerning Councillor Watts.
He was emphatic that I should not support her and in fact should distance myselffi-om her. I did not take his comments as casual "in passing remarks".
Councillor Watts has advised me previously of the conflict [and misunderstanding] between her and the Lord Mayor. The clear intent of the Lord Mayor's conversation was for me to dista ' nce myself on all matters concerning Councillor Watts and supporting her on any issue that was against the majority position of Council [almost inevitably the Lord Mayor's position as well] and would be seen very unfavourably in his eyes. I might add that I did not take this rather emphatic advice.
42. Cr. Shanahan concluded by stating that he was available to provide further comment, answer questions or appear before the Panel if requested. The Panel has not considered it necessary to do so.
43. What Cr. Watts, in her email to Cr. Shanahan, asked him to respond to was the following:
I had submitted 14 pages of material detailing incidents where Doyle showed disrespect towards me (there isn't a clause in CCcode specifically on 'bullying) : In my statement I referred to Doyle showing disrespect towards me by warning you against me.
Doyle did not deny speaking to you but said that his recollection was it was merely [sic] casual remark about this matter which in his view had the potential to discredit council.
44: The Panel notes that Cr. Shanahan said nothing in support of Cr. Watts' contention, in her memorandum to the Panel dated 21 May 2013, that "Cr. Shanahan was disturbed enough by those inappropriate comments to make me aware of the depth of Cr. Doyle's hostile attitude towards me and towards this entire matter which was at that point officially unresolved."
45. At the hearing, Cr. Doyle's denied that he had had other than informal discussions with Cr. Shanahan. He said that he had told Cr. Shanahan that the issue of the conduct of Cr. Watts toward officers in her role as a Councillor was a very difficult matter and that she should not get involved whilst Cr. Doyle attempted to sort it out.
46. Cr. Doyle responded to Cr. Shanahan's email in his Response to Cr. Watts dated 30 May 2013. The response was as follows:
 a. The conversation between the LM and Cr Shanahan was "casual" in the sense of informal and impromptu, but not offhand.
b. My recollection of that conversation is that I did caution Cr. Shanahan not to get involved in the process of a formal complaint by the CEO against Cr. Waits, which I was dealing with under 6.1 of the Code of Conduct.
c. Cr. Shanahan 's statement studiously avoids repeating Cr. Watts ' allegation of "threatening" behavior by me. Instead he chooses to infer my motives. His inference is not supported by evidence and is wrong.
Incident at ,SPecial Confidential Meeting, 4 September 2012
47. At a Special Confidential Meeting of Council held on 4 September 2012 the business before the meeting concerned the appointment of members of the Board of CityWide. Cr. Watts moved a motion that that the item be deferred to a date subsequent to the forthcoming Council election. The motion was put and lost.
The substantive motion was then put, debated, and adopted. Cr. Watts spoke against of the motion; Cr. Doyle spoke in favour.
48. In closing the debate, Cr. Doyle denied that the process of decision-making in respect of appointment of Board members had been "unseemly" and referred to what he described at the self-serving self-indulgence of such person, he presumed to be a Councillor, who leaked confidential information to the press concerning the processes of nomination of Board members of City Wide.
49. At certain points during Cr. Doyle's closing address, Cr. Watts interrupted him.
She observed that Cr. Doyle appeared to be speaking directly to her when referring to "leaks" by Councillors. She objected to the inappropriateness of his language and to what she described as his "tirade" and the "provocative" statements made in the course of closing the debate. She objected that Cr. Doyle's comments constituted an abuse of the meeting procedure.
50. In her submission to the Panel, Cr. Watts acknowledged that "voices were raised".
Cr. Watts alleges that members of the public would confirm that shouting was heard coming from the Council Chamber, however no evidence was called which was confirmatory of this. The Panel notes ; having listened to the audio recording of the debate which was provided to the Panel by Cr. Doyle, that Cr. Doyle's response could certainly be described as animated, assertive and forceful and that Cr. Watts' responses or interjections were certainly voluble, vigorous and also forceful.
51. It is also put by Cr. Watts that Cr. Doyle's remarks, which she described as • "hostile, aggressive and provocative", "...impugned both [Cr. Watts] reputation and professional conduct. Although the public were 'obviously excluded from the meeting, senior officers and support staff were present". Cr. Watts says that she found the conduct of Cr. Doyle professionally and personally offensive, claiming that:
[Cr. Doyle] clearly failed to treat her with respect and did not have due regard to her opinions, beliefs, rights and responsibilities.
52. Cr. Doyle's response to this allegation, in his written submissions, dated 3 April 2013 asserts that he "...conducted the meeting in an efficient and appropriate manner and dealt with all Councillors, including Councillor Watts, with respect and courtesy."
53. Before the Panel, Cr. Doyle observed that the names of two Directors of CityWide had been made public and that the leak had damaged the reputation of Council.
He denied that his statements at the meeting about the breach of confidentiality were directed at Cr. Watts. Cr. Watts' response at the hearing was to say that whilst making observations about breach of confidentiality at the meeting, Cr. Doyle maintained eye contact with her, and that she felt that his comments and behavior was "very nasty".
Cr. Doyle's refusal to participate in mediation and "conditional" mediation, October 2012 — February 2013
54. Cr. Watts informed the Panel that, with regard to the mediation of her complaint against Cr. Doyle made in 2012, although a mediator had been appointed, and although Cr. Watts had engaged in an individual session with the mediator, Cr. Doyle declined to participate in further mediation until either Cr. Watts withdrew her compliant, or until the conclusion of the 2012 election.
55. Following the election of a new Council, Cr. Watts sought, through the CEO, to resume the mediation process. She understood from the mediator that, although Cr. Doyle had met with her, he had imposed further conditions upon his participation in the process, these being that:
• Cr. Watts withdraw her complaint;
• there be no reference to past behaviour; and
• the agenda for mediation be limited to discussion about the future.
 56. Cr. Watts' therefore claimed that, despite her being willing to undertake mediation in accordance with c1.6.2 of the Code, "the process did not lead to any resolution because [Cr. Doyle] would not participate.
57. At the hearing, Cr. Watts re-emphasized the understanding conveyed in her complaint. She submitted that the Code of Conduct ought to be changed, so that an external mediator should be required.
58. Cr. Doyle's response, as contained in his submissions of 3 April 2012, acknowledges his reluctance to engage in a formal process with Cr. Watts and says that this was so because of her resistance to his attempts to get her together with the CEO to discuss the earlier complaints against her.
59. Although Cr. Doyle says that he has at all times been prepared to sit down with Cr. Watts (the Panel assumes by this that he means in an 'informal' way) to "discuss her complaint as well as problems that have arisen from her earlier conduct and how we could work together on a constructive basis in the future".
He also goes on to note that he would have been prepared to "attend .a joint mediation session if all issues concerning Councillor Watts and [him] were to be discussed".
60. Cr. Doyle further submits that Cr. Watts was not bound to participate in mediation on the basis that he suggested; nor, he says, was he bound to participate on the basis that Cr. Watts suggested. He argues that his decision not to participate in the mediation process did not constitute a breach of the Code of Conduct.
Sustained pattern of behavior including exclusion, disrespect, lack of recognition at meetings, August 2011— October 2012
61. This ground concerns the conduct alleged to have been engaged in by Cr. Doyle as Chairman of meetings of Council or Committees. There are several aspects to Cr. Watts' complaint.
a. she -was habitually marginalized at meetings, seldom recognized as a 'seconder' of motions and consequently rarely recorded in the Minutes of meetings;
b. Cr. Doyle, though his control of meetings, and superior knowledge of meetings protocol, attempted to confuse and humiliate Cr. Watts;
c. in respect of motions put by Cr. Watts, Cr. Doyle adopted an approach directed to embarrassing her in public, employing disrespectful, dismissive and disparaging language and tone;
d. Cr. Doyle habitually misrepresented Cr. Watts or attempted to trivialize her comments at meetings, adopted a scoffing and disparaging tone in dismissing her views; and e. when she sought to have a procedure for recording Councillors' comments in the minutes, she was rebuffed — but the same proposal, when proposed by Cr. Kanis — was accepted. - x ,
62. In respect of these matters, whilst Cr. Watts acknowledged that Minutes of meetings may not reveal the conduct complained of, she nevertheless asked the Panel to undertake a "scan of the minutes" to reveal that she was rarely recorded as a seconder of motions. It is, however, inappropriate for the Panel to trawl through minutes of the meetings held between August 2011 and October 2012, as Cr. Watts suggested, to attempt to substantiate her contention. That was and is a matter for Cr. Watts as a party to the proceeding, not the Panel.
 63. Cr. Doyle's response, contained in his submission dated 3 April 2013, acknowledged that it is his responsibility to control proceedings, and submitted that demonstrating a superior knowledge of meeting protocol does not constitute a breach of the Code of Conduct. He also notes that Cr. Watts does not give any examples in support of her contention that his language, tone and demeanour were disrespectful. He observes, in agreement With Cr. Watts, that substantiation of such claims by reference to minutes would be impossible. Further, Cr. Doyle denies that he repeatedly misrepresented or attempted to trivialize Cr. Watts'.comments and notes that no examples have been provided by Cr. Watts.
64. At the hearing before the Panel, Cr. Doyle maintained this position, stating that Cr Watts had advanced only general and vague assertions about her subjective grievances, as to which there was no possibility of providing evidence.
Attempt to discredit Cr. Watts' complaint at Directions Hearing, 6 March 2013
65. Under this head, Cr. Watts seeks to argue that, at the Panel's Directions Hearing, Cr. Doyle attempted to misrepresent the complaints, embodied in her Application to the Panel, and disputes the submissions that Cr. Doyle made at the Directions Hearing on the subject of mediation.
66. These are not separate grounds of application. It is inappropriate for them to be raised in this manner They add nothing to the complaint, and the Panel declines to deal with them, other than to record that the Panel finds nothing inappropriate in the conduct and demeanour of either party at the Directions Hearing.

CONSIDERATION AND FINDINGS Portfolio responsibility
67. Cr. Watts does not dispute that, in the period to which her application relates, the prerogative of allocation of portfolio responsibilities was the province of the Lord Mayor, and reposed in Cr. Doyle as the holder of that office. On the evidence provided by Cr. Watts, it is possible that there may have been, from time to time, occasions on which it might have been open to Cr. Doyle to allocate some form of portfolio responsibility to her.
68. The Panel will assume,- for present purposes, that the prerogative exercised by the Lord Mayor in allocating portfolios must not be exercised according to "whim or personal agenda". The Panel accepts that Cr. Watts was disappointed that, in the period concerned, she was not allocated portfolio responsibility. However, there is nothing in the evidence to show that the failure of Cr. Doyle to allocate portfolio responsibility to her was based on whim or personal agenda or any is improper motive. A failure to allocate portfolio responsibility does not, of itself, lead to the inference that a "whim" or "personal agenda" was the reason.
69. Consequently the Panel finds that no breach by Cr. Doyle of the Code has been established.
Personal Explanation/Statement
70. The Panel has noted the conflict between the Notes of Cr. Ong's meeting with CORBA representatives and his written statement provided to Cr. Doyle. Both Cr. Doyle and Cr. Ong have denied that the former participated in the preparation of the Personal Statement. Whilst the Panel has concerns about what is recorded as being Cr. Ong's statement at the meeting with CORBA representatives, as against his written statement to the Panel, in the absence of evidence from the person who may have taken the notes at the meeting, on balance the Panel is constrained to accept the evidence of Cr. Ong in his written statement and of Cr. Doyle's evidence at the hearing.
71. However, even had Cr. Doyle discussed with Cr. Ong the statement that was to be made at the Council meeting on 13 September 2011, the Panel is of the view that no impropriety attaches to consultations and discussions of this kind. We see no impropriety in a Councillor discussing a matter of concern to him or her with the Lord Mayor. Further, we are satisfied on the basis of Cr. Ong's statement that the only advice he received was as to the procedural vehicle by means of which he could bring his concerns to the attention of Council. This was provided by the Manager Governance Services and was something that it was entirely appropriate for him to do.
72. Under the terms of the Meeting Procedures Code as it now stands, Cr. Watts would have been entitled to have her Personal Explanation appended to the Minutes. That was not the case in 2011. The decision not to append the text of Cr.Watts' Personal Explanation to the Minutes was a vote of the Councillors acting as • a determinative body, not an act of Cr. Doyle acting alone.
72. Cr. Watts argues that Cr. Doyle was able to command a block vote which, in effect, prevented her Personal Explanation being appended to the Minutes.
However there is no basis upon which the Panel may go behind a particular vote.
There is nothing surprising in the circumstance that a majority of Councillors may agree upon, or disagree with, a particular course of conduct. Cr. Doyle denies that he was influential or instrumental in bringing about the outcome complained of by Cr. Watts. Even if he was, having regard to the processes of local government bodies . , or any formal committee meeting, the Panel is unable to find that any breach of the Code of Conduct has occurred.
Alleged bullying and harassment, March-April 2012
73. It is clear that complaints were made by Council officers which were ventilated by the Manager Governance to the Chief Executive Officer, Dr. Alexander and in turn to the Lord Mayor. It is not for the Panel to pass upon the validity of those complaints, or to make any determination whether those grounds of complaint 16 might raise issues with respect to the compliance by Cr. Watts with her obligations under the Local Government Act, and we do not do so. There is no material before the Panel which leads us to doubt that the complaints were not advanced out of genuine concern as to the issues raised.
74. The Panel has set out above the history and text of email exchanges between Cr. Watts and Cr. Doyle. It appears that Cr. Watts steadfastly refused to attend to meet with the CEO and the Lord Mayor, other than on her own terms. As appears to the Panel, she never did engage directly with the CEO on the matters of complaint.
75. Cr. Watts' complaints appear to centre upon a requirement she sought to impose of having either an independent third person present (what may often be referred to in other contexts as a 'support person') or a legal practitioner. She also sought that she should have access to legal advice. There is a conflict in the evidence as to whether or not Cr. Doyle offered Cr. Watts an opportunity to obtain legal advice at the expense of Council. Cr. Doyle says that the offer was as to governance training through Maddocks. The Panel understands that Cr. Watts obtained legal advice — though that advice, and its subject matter, is not in evidence before us. On balance, having regard to the various communications on the subject the Panel accepts the Cr. Doyle's appreciation of the issue is the more probable.
76. In the Panel's view, it was appropriate for the Lord Mayor to propose that he be in attendance at the meeting between the CEO and Cr. Watts, particularly in the limited capacity that he proposed in his communications with Cr. Watts. The Panel sees nothing objectionable about that proposed role.
77. More difficult is the question whether Cr. Watts should have been allowed the meet with the CEO with the support of an independent person. As the matter evolved; no meeting with the CEO occurred. Consequently, it would not be possible for Cr. Watts to demonstrate any actual prejudice from the absence of such a support person.
78. In the circumstances the Panel is unable to see that the conduct of Cr. Doyle towards Cr. Watts in respect of the complaints by officers, and the investigation and resolution of those complaints, was other than appropriate. Consequently the Panel is unable to find that any breach of the Code of Conduct has been committed by Cr. Doyle.
Cr. Doyle Warning Councillor
79. Cr. Doyle accepts that he did caution Cr. Shanahan not to get involved in the processes attending the complaint by the CEO with respect to Cr. Watts. The complaint was of a serious nature. It entailed a possible beach of the Local Government Act. There had been suggestions that a Councillor Conduct Panel might be established in consequence of the complaints, and there was a possibility that the complaints might have been referred to the Municipal Inspectorate.
80. The management of these complaints was, as appears to the Panel, to have been a matter of some complexity if not sensitivity. We see nothing inappropriate in the Lord Mayor, as the person responsible for resolving the complaint, interceding between the CEO and Cr. Watts, taking steps to ensure that the matter was dealt with in a manner that did not inflame or complicate the central issues involved in the complaint. It was consistent in our view for Cr. Doyle, in his capacity as Lord Mayor, to counsel Cr. Shanahan to avoid engaging in or assisting in conduct that might prevent the complaint being resolved without un - necessary rancour and in a manner that did not damage the reputation of the Council.
81. The Panel is satisfied that there was nothing in the conduct of Cr. Doyle with respect to Cr. Shanahan that constitutes a breach of the Code of Conduct.
Incident at Special Confidential Meeting, 4 September 2013
82. The Panel, having listened to the recording of the meeting, does not accept that Cr. Doyle, in his closing statement, was other than appropriate in the level of his voice, though his manner and tone was as we have described above. Indeed, whilst it is difficult to judge solely on the basis of an audio recording of the meeting, it would appear to the Panel from that recording that the interjections and remarks of Cr. Watts were at least equal in volume to those emanating from Cr. Doyle.
83. In the absence of evidence from persons who may have been outside the meeting room as to what might have been audible, the Panel is not able to infer that the language used inside the room would have been audible outside.
84. It is of concern that, when Cr. Doyle addressed the issue of leaks of confidential information by a Councillor, that Cr. Watts perceived that Cr. Doyle engaged in eye contact with her. We do accept that Cr. Doyle's comments were passionate and direct and have no doubt that Cr. Watts perceived that the comments were directed at her. Cr. Doyle submits that his remarks were directed at the Councillors as a whole. In the absence of direct evidence of observations, other than the voice recording, it is not possible for the Panel to say that Cr. Doyle directed his comments about an alleged breach of confidentiality to Cr. Watts.
85. The Panel is satisfied that there was nothing in the conduct of Cr. Doyle at the Special Confidential Meeting that constitutes a breach of the Code of Conduct.
Cr. Doyle's refusal to participate in mediation and "conditional" mediation, October 2012 — February 2013
86. Cr. Doyle concedes that he was unwilling to participate in a formal mediation with Cr. Watts other than on his own terms, which have been explained above.
He also states that he Would not expect Cr. Watts to participate on terms that she did not accept. The Panel is left in some uncertainty as to Cr. Doyle's intention when he submits that he would participate in a mediation where all issues between him and Cr. Watts were available for discussion. It is unclear whether that specific proposition was put to Cr. Watts at any time.
87. However, the central issue for the Panel is whether or not a refusal or failure to• participate in a mediation, except upon particular terms, may constitute a breach of the Code. As befits arrangements for dispute resolution, the provision made in cl. 6 of the Code of Conduct is not prescriptive, but is flexible and aspirational, based on an assumption that the parties in dispute will conduct themselves with a measure of openness and good will. Given that the process is non-prescriptive, it is difficult in the Panel's estimation to establish that the imposition of conditions upon mediation is readily characterised as constituting a breach of the Code. Both Cr. Doyle and Cr. Watts imposed, or sought to impose conditions. In the circumstances it is not possible to find that any breach of the Code has occurred.
Sustained pattern of behavior including exclusion, disrespect, lack of recognition at meetings, August 2011 — October 2012
88. Cr. Watts' claim under this head is, as she acknowledges, one which is difficult to prove. As noted above, it is not for the Panel to embark upon the task of examining a large volume of minutes of Council and Committee meetings. Even if such a survey resulted in a finding that Cr. Watts was rarely recorded as the seconder of motions, that would show little or nothing about the conduct of the meetings. Equally, in the case of allegations about demeaning or dismissive conduct, the minutes would reveal nothing These may be matters appropriate for independent witness evidence, as to which there is none. But in any event, questions whether conduct is, for instance, demeaning, are matters of impression and subjective judgment. The evidence before the Panel consists only of accusation and denial. In the circumstances the Panel is unable to find that the allegation is substantiated.
Attempt to discredit Cr. Watts' complaint at Directions Hearing, 6 March 2013
89. For the reasons given at paragraph 65 and 66 above, the Panel declines to entertain this complaint.
The "Pattern of behaviour" claim
90. As noted above at para. 5, Cr. Watts sought to raise, as a separate ground of complaint, that Cr. Doyle had engaged in "a pattern of behaviors over time" which itself constituted or demonstrated a breach of the Code of Conduct.
91. The Panel has found that none of the allegations against Cr. Doyle has been substantiated.
92. Whilst it may be theoretically possible for a Panel to find that a pattern of behavior is substantiated, even though the individual circumstances on which the pattern is alleged to be founded, have not been made out — the principle perhaps being that the whole being greater than the sum of the parts — in the Panel's opinion this is not such a case.
93. This is because the Act requires that particular breaches of specific provisions of a Code of Conduct must be substantiated before an adverse finding may be made against a Councillor. A "pattern of behaviour" is not itself tangible complaint of breach of the Code, particularly in circumstances where what is sought is a finding of misconduct.

Dated: 21 August 2013
Chairperson, List "A" Legal Member

"List B", Governance Member