‘Gross use of public funds': WA council curbs legal policy
The policy was first adopted in 2001 to provide a 'safer working environment' for council members, although none have ever attempted to access the public money to sue.
But after a concerns notice was raised in 2022, the policy was again debated by the council where it was hotly contested, passed six votes to five and readopted.
It allowed councillors to access city funding to sue for defamation any 'person or organisation lessening the confidence of the community in the local government by publicly making adverse personal comments about council members'.
At the May council meeting, Cr Kelly Middlecoat successfully moved a motion to have the contentious policy amended. Baldivis councillor Kelly Middlecoat. Credit: Supplied
'Amending the legal representation policy to disallow councillors from accessing ratepayer money to initiate defamation proceedings against residents in my opinion, was critical to rebuilding trust with residents, particularly given the community's strong opposition to the policy in when it was implemented in 2022,' Cr Middlecoat told the Sound Telegraph.
'The former policy did not include a financial limit that could be requested. It also extended to former councillors, a provision which lacks a clear connection to the ongoing governance and responsibilities of the council.
'This level of privilege stands in stark contrast to the support available to frontline workers like police officers and nurses, who do not have access to public funds for personal legal matters arising from their duties.'
Cr Middlecoat said Rockingham's change was a proactive measure given upcoming changes to the Local Government Act would establish new safeguards to prohibit the use of public funds for legal costs.
Community members strongly opposed the policy from the beginning, although council documents reveal that since its implementation no applications have been made for funding.
Cr Lorna Buchan welcomed the motion after 'failing to stop the changes to the policy' in 2022.
'The reason I spoke out loudly against the policy and the changes is that it is a gross inappropriate use of public funds,' she added.
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Perth Now
3 days ago
- Perth Now
Councillor warned during Mandurah rates discussion
City of Mandurah council members clashed before adopting a budget with a 4.08 per cent rates increase. The increase amounts to $69.44 a year or $1.34 a week for the average residential property. This is higher than the 2024-25 rate rise of 3.98 per cent and will generate $102.9 million for the city. In a statement, mayor Caroline Knight said rate decisions were 'never easy'. 'This marks the end of a long and considered process, one that involved months of workshops, briefings and deep discussion,' she said. 'I want to thank my fellow councillors for the respectful and collaborative way we've worked through this. These decisions are never easy, especially when they result in a rate increase for our community. 'No one likes to raise the cost of anything, especially in times like these. We know many people are feeling the pressure of rising costs and we absolutely take that seriously. 'As councillors, we're community members too — mums, dads, grandparents, business owners, volunteers, and sports coaches… and we don't make these decisions lightly. 'But we also have a responsibility under the Local Government Act to act in the best interests of our whole community, now and into the future.' Cr Zilani Credit: Supplied Cr Ahmed Zilani opposed the rate increase at last week's meeting, while Cr Ryan Burns opposed the budget and financial plan. Cr Zilani spoke about the role he believed the mayor could play in reducing rates. He has previously shared his plan to run for mayor at the next election. Cr Peter Rogers called Cr Zilani out for 'election speak' during the debate. 'There was no campaigning speak, I said leadership can bring our rates reduced,' Cr Zilani countered. Despite his opposition to rising rates, Cr Zilani said he would support the budget. During closing arguments, Cr Zilani was again warned, this time by the mayor. 'In closing, I would like to request my councillor colleagues be patient during my speech because my speech has connection between every sentence … every year I got blamed by the council…' Cr Zilani began. 'Excuse me Cr Zilani, would you please cease there,' Ms Knight interjected. 'I'm going to warn you now around relevance under 7.7 of the standing orders.' Order 7.7 means the presiding member can call the attention of the meeting to any irrelevant, repetitious, offensive or insulting language by a member and direct that member to discontinue their speech. Cr Burns and Cr Dave Schumacher both voted against the business plan. In a statement, Ms Knight said the budget had been shaped to ensure the city could maintain and renew its $1.5 billion asset base while continuing to deliver the services and programs that the community valued most. 'We're maintaining and renewing our city's vast number of public assets — playgrounds, sports clubs, the Seniors Centre, the pool, roads, parks, footpaths, community centres, libraries and more — many of which people can access for free or at a very low cost, which is vitally important when we're all feeling the pinch,' she said.
West Australian
5 days ago
- West Australian
City of Rockingham council reduces rate rise to 3.5% but cost-of-living support carries $460k shortfall
Rates are on the rise in the City of Rockingham but not to the extent first mooted. The council opted to go against a proposal to lift rates by 3.9 per cent next financial year in favour of a 'more modest' increase of 3.5 per cent. The higher figure would have enabled the city to lock away a war chest for planned upgrades at Aqua Jetty and Mike Barnett Sports Complex, but opting for the lower figure has left a $460,000 hole in the council's annual budget and uncertainty about where the cost shortfalls for those projects will come from. Cr Kelly Middlecoat led the charge at last week's meeting to limit the rates increase to 3.5 per cent, arguing that ratepayers were already paying an extra $33 due to the FOGO waste levy. 'Having a look at the broader economic picture, the CPI for the 12 months ended 31 March 2025 was 2.4 per cent and the WA local government cost index is forecast to be 2.7 per cent this year,' she said. 'This shows our proposed increase is outpacing the general cost of living and even specific costs faced by local government. 'A rate increase of 3.9 per cent was intended to generate some additional revenue over and above what was required in order to address the funding shortfalls for the Aqua Jetty and Mike Barnett projects. 'The precise budget for these projects remains unquantified, with neither project being shovel-ready next financial year.' Council members voted unanimously for Cr Middlecoat's alternative motion. In a later statement, Rockingham mayor Deb Hamblin said the council's annual budget aimed to strike a balance between addressing community needs while acknowledging cost-of-living pressures. 'Council listened to community concerns about the current economic circumstances facing many households and has kept the rate increase to a minimum,' Ms Hamblin said. 'The increase is 3.5 per cent which equates to approximately $1.06 per week for the average residence, and is lower than advertised to support our ratepayers with cost-of-living pressures. 'In addition, council has supported not charging interest on rates-smoothing payments for the 2025-2026 financial year to provide further assistance with cost-of-living pressures. This option will greatly assist ratepayers choosing this option to pay their rates without any extra costs.' Ms Hamblin said the budget was prepared with an eye on the future while continuing to meet the community's aspirations defined in the 2023-2033 Strategic Community Plan. It includes money to complete the Stan Twight clubroom redevelopment, the final stage of the Baldivis Sporting Complex including outdoor courts, Southern Pavilion and outdoor recreation space, the Anniversary Park clubroom redevelopment and the relocation of Lotteries House. 'As a rapidly growing outer metropolitan local government area with a current population of more than 150,000 people, keeping pace with the growing needs of the community and maintaining existing assets and services remain ongoing challenges,' she said. 'In addition, with 37 kilometres of coastline, climate change is a major challenge for us. That's why 0.5 per cent of rates will be allocated to a coastal hazard risk management and adaptation plan reserve account to help fund future climate change mitigation works.' Ratepayers who want to take advantage of the interest-free arrangement need to have an existing arrangement or sign up using the application form that will arrive with the rates notice.
Perth Now
11-06-2025
- Perth Now
‘Gross use of public funds': WA council curbs legal policy
A controversial policy that allowed City of Rockingham councillors to use ratepayer funds to pursue defamation cases has been overturned. The policy was first adopted in 2001 to provide a 'safer working environment' for council members, although none have ever attempted to access the public money to sue. But after a concerns notice was raised in 2022, the policy was again debated by the council where it was hotly contested, passed six votes to five and readopted. It allowed councillors to access city funding to sue for defamation any 'person or organisation lessening the confidence of the community in the local government by publicly making adverse personal comments about council members'. At the May council meeting, Cr Kelly Middlecoat successfully moved a motion to have the contentious policy amended. Baldivis councillor Kelly Middlecoat. Credit: Supplied 'Amending the legal representation policy to disallow councillors from accessing ratepayer money to initiate defamation proceedings against residents in my opinion, was critical to rebuilding trust with residents, particularly given the community's strong opposition to the policy in when it was implemented in 2022,' Cr Middlecoat told the Sound Telegraph. 'The former policy did not include a financial limit that could be requested. It also extended to former councillors, a provision which lacks a clear connection to the ongoing governance and responsibilities of the council. 'This level of privilege stands in stark contrast to the support available to frontline workers like police officers and nurses, who do not have access to public funds for personal legal matters arising from their duties.' Cr Middlecoat said Rockingham's change was a proactive measure given upcoming changes to the Local Government Act would establish new safeguards to prohibit the use of public funds for legal costs. Community members strongly opposed the policy from the beginning, although council documents reveal that since its implementation no applications have been made for funding. Cr Lorna Buchan welcomed the motion after 'failing to stop the changes to the policy' in 2022. 'The reason I spoke out loudly against the policy and the changes is that it is a gross inappropriate use of public funds,' she added.
