No. 71

CITY

OF

SUNSHINE

GRANTS PROGRAM

OFFICE OF LOCAL GOVERNMENT 1993

Ordered to be printed

MELBOURNE L V. NORTH GOVERNMENT PRINTER

1993

REPORT

INVESTIGATION INTO MATTERS IN THE CITY OF SUNSHINE

Background

On 11 August 1993, the Hon Licia Kokocinski MLC, Member for Melbourne West Province raised a matter related to the Council of the City of Sunshine in the Adjournment Debate in the Legislative Council.

The allegation was that the Council of the City of Sunshine had allocated itself "a $300,000 slush fund" enabling each councillor to be able to distribute $33,000 to "whichever organisation or hobbyhorse" the councillor wishes to pursue.

lt was also stated that "the issue is even more sordid because one councillor has apportioned part of the slush fund to a group a member of which has an intimate relationship with the councillor. That surely is highly unethical. The availability of the slush fund is not advertised and groups that are not in the coterie of individual councillors do not know of its existence."

The Minister, the Hon Roger Hallam MLC responded that "she has asked me to investigate the circumstances and I will take her comments on board and investigate the matter. I will take account of the language she uses and note her description of "outrageous" and so on. lt may well be that I will seek further details from her about some of the specifics, but I will certainly initiate the investigation she requests."

Investigation

The investigation as carried out by an Inspector of Municipal Administration in August 1993. Discussions were held with the General Manager of the City of Sunshine, Mr Alan Lee and an inspection of all relevant documents including those held at the Council and those supplied by Mrs Kokocinski was undertaken.

The following observations were made regarding the operation of the fund.

1. Purpose of the fund

Mr Alan Lee explained that the purpose of the fund is to "enhance and promote community spirit and neighbourliness within the community". This was undertaken through the provision of seeding grants and money for equipment or buildings to selected community groups.

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lt is contended that the biggest issue facing the Council was the lack of a strong community base and network in the municipality.

Mr Lee indicated that the municipality has the highest rate of unemployment, the lowest rate of household income and is comprised from some seventy ethnic groupings. Mr Lee went on to say that there had been a long history of the Council providing services which are traditionally provided by volunteers.

Mr Lee stated that most councils in Victoria have a similar type of grants program.

2. Allocation of the Fund

The fund has existed for many years. Records back to 1977 have been examined. Originally the fund was called the "Contingency Account" but three years ago was changed to the "Special Public Program Account". The funds are contained in the Municipal Fund.

In 1990/91 $32,078 was allocated and in 1992/3 $33,642 was spent.

On 11 November 1 992 at the Special Meeting of Council held to discuss the Estimates for the Year 1992/3 it was moved by Cr White and seconded by Cr Brennan:

" That the amount allocated for ward distribution be $99,000 [$33,000 per ward] and that allocation of expenditure be by Council resolution and any unspent balance at the end of the financial year be carried forward as an allocation for the same ward in the following financial year. " Appendix 1

On 2 March 1 993 at the meeting of the Committee of the Whole the matter of ward facilities upgrading was raised in General Business. lt was moved by Cr White and seconded by Cr Nelson:

"That Council allocates $ 100,000 to each ward from General Revenue to be used to enhance the upgrading and building of facilities in the respective ward and that administration of the allocation be by Council resolution."

On 16 March 1993 this resolution was considered at the Ordinary Meeting of the Council and was CARRIED. Appendix 2.

There are no· background or agenda papers to support these resolutions and they were moved from the floor of the chamber by Councillors.

The effect of these two resolutions was that the three councillors in each ward had $133,000 to allocate to community groups in 1992/3.

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3. Distribution of the Funds

The distribution of the funds was undertaken entirely by the councillors acting in their ward groupings. The councillors compiled lists and these were submitted to the Committee and then the Ordinary meetings of the Council. The explanation given for this process was that: "they 1\he ~) like no one else in this municipality would have the best idea of which groups to support far better than I or my officers would and it is appropriate that they make these choices."

No submissions were called for from the community or interest groups. In fact the community would be unaware such a scheme existed or that funds were available unless they read the minutes of the meeting of 11 November 1992 and 16 March 1993 respectively.

The allocation was made on based on the councillors perceptions of which groups existed and which required assistance. Little or no assistance was sought from the staff on the costing of various items. The groups assisted range from state government departments [eg Victoria Police and a number of primary and secondary schools], statewide community groups [eg Salvation Army] to local community groups.

There are no detailed papers on each of the allocations. Indeed in the papers submitted to the council meetings contain no description of the item or a scant description in the following manner:

. towards trophies

. completion of building

. landscaping of site

. stationery

. park facilities

. PA equipment

. Building or renovations etc

am advised that a verbal description was provided by each councillor at the relevant meeting to explain the purpose for the allocation.

The allocation were resolved over a number of Committee and Ordinary meetings. Some of these meetings were held In Committee and the reports were confidential. A precis of the resolutions was compiled by the Council's solicitors Price Brent. This is attached as Appendix 3.

Some of the· allocations, particularly the large allocations for works, were returned to the Council's funds. That is, redirected into the Building Account and the Parks and Gardens Account. lt was intended that the council officers undertake the work on these projects. Examples of these works include:

. completion of a building for the Western Suburbs Soccer Club -$35,000 [Building Operations Account];

sprinkler system at Ardeer Soccer Club - $15,000 [Parks and Garden

3

Account]; . building or renovations for the North Sunshine Football Club - $20,000; and . Robert Bruce Reserve Building Fund - $25,000.

The funds were usually disbursed by cheque together with a letter from a relevant ward councillor that outlined the purpose of the grant. Examples are attached as Appendix 4. The General Manager was not able to provide all letters associated with the grants. There was no funding agreement required between the group and the Council nor any audit process established to ensure that the money was spent for the purposes for which it was given. Indeed the City Manager indicated that he would not require such an accountability process for amounts less than $1 ,000.

The money was allocated over a period of months. There was often a lag between the decision to allocate the money and the cheque being forwarded to a group. In some cases by the time this was to occur the group had disbanded. In these cases the ward councillors had to reallocate the money to other groups.

The community would not have been aware of which groups had received funds unless they were a recipient or had heard about the donation by word of mouth. The only way a comprehensive picture of the program was available was through inspection of the Minutes at the Council which is not a source of information many people use on a frequent basis.

Indeed it was only after the matter was raised in Parliament that the Council published a list of grants in the local newspaper.

4. Monitoring of the Allocations

There is no formal program established to monitor the allocations. There are four issues arising from the absence of such a program. [a] In the South Ward allocations were made in excess of the funding allocated to that ward. This will require an additional payment being made to that ward or a relocation of expenditure between groups. See Appendix 5; [b] One group spent more than was given to them, resulting in an extra grant and a relocation of funds being required. See Appendix 6; [cl Some groups received more than one grant, usually from different councillors. In some instances it is possible to clarify the differing nature of the grant - in others the allegation of "double dipping" could arise given the generality of the grant. and [d] Some grants had to be stopped as the groups no longer existed at the time the cheque was to be forwarded. See Appendix 7.

Appendix 8 provides the status of the program at 9 August 1993

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5. Allegations of Pecuniary Interest of Councillors.

At the request of some councillors the Council obtained legal advice on 25 May 1993 regarding the potential for breaches of the pecuniary interest provisions of the Local Government Act in relation to the distribution of grants.

That advice sought to clarify the role of a councillor who was a member of a community group which was given a grant or of a group where a spouse or de facto spouse was involved. The advice given indicated that in most cases the councillor's interest would be too remote to be within the requirements of the relevant section of the Act. See Appendix 9.

On several occasions councillors declared an interest and left the room before the vote was taken.

lt has been alleged that one councillor had an intimate relationship with a member of a community group which received a grant. Mr Lee has indicated that the Councillor is Cr Jean Boles and that her husband is Treasurer of the North Sunshine Football Club.

At the meeting of 18 May 1993, Cr Boles and Cr Skidmore declared a pecuniary interest in relation to the River Ward allocations and did not vote on the matter. At this meeting $1 ,000 was allocated from Cr Skid more's allocation for 'building maintenance' and $20,000 was allocated from Cr Boles allocation for 'building or renovations'. At the meeting of 20 July 1993 an additional $5,000 was allocated to the Club for 'refurbishing'. None of the councillors declared an interest at this meeting.

This would be consistent with the advice which had been received on 25 May 1993 which set out the case for the declaration of an interest.

Findings

lt appears that there have been no breaches of the Local Government Act 1989 or other legislation identified by the investigation.

However, the processes used by the Council fo the City of Sunshine to run the grants program are highly unusual and lack accountability. A comparison has been made with grants programs run in three other municipalities - Caulfield, Preston and Broadmeadows.

5

The three schemes have the following attributes which are missing from the program in Sunshine:

. There are published guidelines for the schemes which include the principles and aims of the scheme and eligibility criteria; . Information about the schemes is freely available; the availability of grants is advertised in newspapers and submissions are called for; . Criteria for evaluating submissions are clearly spelt out; . The programs are focussed on non profit community groups rather than statewide agencies or government departments; . The group must submit detailed information about the group itself and the purpose of the funds; . The group must be prepared to take part in an evaluation of the project and be accountable for the spending of the funds: and . Staff and the councillors are jointly responsible for evaluating submissions before they are submitted to the council.

Since the Investigation was announced the Council of the City of Sunshine has sought legal advice from the Council solicitors Price Brent on the program and has had the program audited by the Council auditors Rucker Mackenzie Proprietary.

Price Brent have stated: . "it does not seem to us that any problem arises, but, on the other hand,that Council has dealt properly with this matter ..... lt would seem to us that the Council has acted legally in accordance with the Act in relation to these matters. Whilst it is noted that it has been the custom for monies which have been allocated in the way indicated above, to be disbursed to organisations under cover of a letter which might suggest that individual councillors are directly arranging for monies to be paid, that is not in fact the case ... "

The auditors Rucker Mackenzie Proprietary offered the following comments: " our review indicates that all contributions made to date have been in accordance with council resolutions."

The auditors made the following comments regarding the administration of the .f.!J.o..d.: ..

[a] An over allocation of $800 is noted within the South Ward allocation. (b] There is significant amounts of allocated funds within South Ward which have not yet been expended which, given that we are near the end of Cou'ncil's financial year, may require to be carried forward as allocations in the following year. This indicates a need for closer monitoring of the progress of expenditure of approved allocations during the course of the year to avoid any possibility of allocations being overlooked.

6

Comments were also made on the allocation process: [aJ As an alternative to general allocations which can be perceived as "discretionary" in nature we suggest that specific allocations to individual groups be incorporated as part of the budget setting process. Council may further wish to include within this process a public advertisement to enable application for assistance to be lodged by interested eligible community groups as a prerequisite to any Council resolution. [b] Where significant additional allocations are deemed necessary or appropriate during the course of a year, we recommend that similar procedures be adopted including advertising of Council's intention to make additional grants and contributions and requesting applications from interested groups and with a subsequent full public disclosure of successful grantees.

The Auditors also commented on the accountability issue: " We note that council has no policy in respect of obtaining mandatory accountability or acquittal statements from groups who have received the benefit of council allocations. We see this as of particular concern given that the larger allocations are usually given conditionally for expenditure on specific purposes within that local group. Consistent with the accountability requirements attached to grants from other levels of Government, we believe there is a need for implementation of a system of accountability requirements for local groups.

lt would be appropriate to consider a threshold at which this accountability is applicable. Such accountability should take the form of financial reports and acquittal statements signed by responsible officers/committee members of each community group certifying that monies contributed by Council have been spent in accordance with the terms and conditions of the grant. Where considered appropriate, independently audited statements may be requested."

The Council will consider these reports.

Conclusion

The investigation has found that there has been no breaches of the Local Government Act 1989 by the Council of the City of Sunshine.

The administration of the scheme leaves a lot to be desired and leaves the Council wide open to the kind of criticisms which have been made and which were quite legitimate.

The deficiencies in the program are obvious - when compared with programs run by other municipalities and at the specific level, those identified by the Council's auditors.

7

lt is necessary to ensure that schemes run by councils are open to public scrutiny and can be evaluated against the stated objectives of the program. To ensure that this occurs in the future it is recommended that the Office of Local Government and the Municipal Association of Victoria draw up Guidelines for community grants programs.

SUE MACLELLAN MANAGER INVESTIGATIONS AND OPERATIONS

8

.\lL'-l."TES OF THE SPECL"'.L .\lEET~G OF THE COt.~CJL OF .. THE CITY OF Sl'~SH!:'E HELD~ THE COL-:-\CIL CH:>.~lBER . .\H.-:-\ICU'AL 0?FJCS5.

A.LE.XA:--"DRA A VE:--l.'E. SL~S:Ht\1: 0~ 11 ~O\"E.\1BER 1992 ,.; T-; .:~ ?~:

PRESENT:

:\'or:h Ward · The !\1ayor. Cr Manin (in the chair), Crs \\"hite and Brennan South \Yard Crs ~elson. Parnis and Hyett Ri,·e~ Ward. Crs Skidmore. Shand and Boles

L'\ A TTE~DANCE:

.\1r A Lee, City .\fanager/ Chief Executive Officer

.\1r J Willaton, Acting Town Clerk

.\1s J ~orman. Director Admirumation Services

.\1r \. SZ\•·ed. Director Propeny Sen·ices

.\L- G Bailey, Director Techrucal Sen·ices

.\1r R Gill. Acting City Engineer

To consider and order upon:

ESTL\L\ TES FOR THE YEAR 1992/93

11/11/1992 M342

L Cr White mo\'ed, Cr Brennan seconded, "That the amount allocated for ward distribution be S99,000 (S33.000 per ward) and that allocations of expenditure be by Council resolution and any unspent balance at the end of the financial year be carried forward as an allocation for the same ward in the following financial year."

CARRIED

2. Cr Parnis moved, Cr Skid more seconded, "That the final surplus balance for the financial year 1991/92 be transferred to a Capital Improvement Resern for future capital works."

CARRIED

3. Cr Parnis mo\'ed, Cr White seconded, "That the sa,·ings accrued as a result of the industrial stoppage on 10 :'\ovember, 1992 be transferred following the end of the next pay period to the Capital Impro,·ement Resern."

CARRIED

-t Cr White mo,·ed, Cr Parnis seconded, "That the Cif)· .:'>Ianager and the Director Administration Sen·ices develop a strategy to reduce Council's debt burden through sa"ings on recurrent expenditure, such sa\'ings to be transferred to Council's Capital Improvement ReserYe."

CARRIED

MI!'tlTES OF THE ORDISARY ME...CTING OF THE COL'NCIL OF

n!E CITY OF SL'~SHINE HELD IN TI-lE COUNCil. CHAMBER. ML'NICIPAL OFFICES. Al..EXANDRA A VESL'E. SL'NSHINE ON 16 MARCH AT i .3.5 P~1

8. PRESENTATION OF REPORTS 8}' COMMITTEES.

8.5 WARD FACILITIES UPGRADING

16/3/1 e93 M715

That Council allocates $100.000 to each ward from General Revenue to be used to enhance the upgrading and building of facilities in the re!pecti\'e ward and that administration of the allocation be by Council resolution.

8.6 BON THOI\IAS RESERVE (197 28)

That prior to any further expenditure at Bon Thomas Reserve, Council reviews potential future occupiers and consults with such occupiers to establish criteria of needs and that examination of the Reserve development includes input from residents.

8.7 PROPOSED LAND TRANSFER WITH MELBOUR.."PIJE WATER

That Council opt out of the whole proposal to exchange land with· Melbourne Water considered by Council on 11 February, 1992 and place the maner in the political arena.

Cr Nelson mo,•ed, Cr Skidmore seconded,

That the resolutions of the Committee of the Whole Council held on 2 March 1993 be ratified.

CARRIED

(PUBLIC QUESTION TIME)

There were no questions submitted.

Administration of Council Ward Allocations

Extracts from Minutes

1. At a special meeting of the Council on 11th November, 1992.a resolution was carried ftthat the amount allocated for Ward distribution be $99,000 ($33,000 per Ward) and that allocations of expenditure be by Council resolution and any unspent balance at the end of the financial year be ca_-r-ried forward as a allocation for the same Ward in the following financial yearu.

2. At a meeting of the Coilllllittee of the whole Council held on 2nd March 1993 a motion was carried "that Council allocates $100,000 to each Ward from general revenue to be used to enhance the upgrading and building of facilities in the respective Ward and that administration of the allocation be by Council resolution"-

3. This same resolution was passed (i.e. confirmed} at an ordinary meeting of the Council on 16th March.

4. At an ordinary meeting of the Council on 16th February 1993, a motion was carried in two parts "that Council supports the Rotary Club of Sunshine in its local business promotion with a donation of $250.00 to its function on 24th February 1993 from the donations and contributions accountft and "that a donation of $2,200 from the North Ward Councillors allocation be distributed to the Polish Sporting Recreation and Comm~ty Association Inc. and the Deer Park Little Athletics Centre".

5. At a meeting of the committee of the whole Council on 6th April 1993 a motion was carried under the heading "South Ward Allocations", that $126,500 be allocated for upgrading facilities in accordance with an attached list. The list indicated varying amounts and purposes for various Clubs and groups for such matters as building extensions, trophies, and equipment. At the conclusion of the list of allocations appears "$7,000 to be allocated at some later stage".

6. This resolution was confirmed at the ordinary meeting of Council on 20th April.

7. At the same meeting of the 20th April, after receipt of the matter as urgent business, a motion was carried that $82,300 be allocated in relation to the North Ward in accordance with a list provided. Again this was for

D082611cmb.bm

8.

9.

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various groups and Clubs. declared an interest under Government Act in relation it was resolved.

Councillors Brennan and White Section 79 of the Local to this matter and left whilst

At the meeting of the Council on 20th April, under the heading "Presentation of Reports by Committees" Item 8.8 was ~that an allocation of up to $1,200 be made to the Deer Park Toddlers Playgroup Inc. and the funds be made available from Councillor White's Ward allocation".

On 22nd April a memo was forwarded to Councillor Phillip Nelson from the Council Administration Services Division reading as follows:-

•pbilip,

Jolm lfi.llaton has passed on your request for cheques to be d:r::awn. for va:c:ious g"n)Ups in relatiOn to the South Ward a.l.locations. Accordingly, ve enclose the follovinq cheques:-

(4 cheques are then set out each corresponding to items in the South Ward allocations referred to earlier)

Your furthe:r: :reqaest for $35,000 which has been set aside for completion of building works at the Weste:r:n Subu.I:bs Soccer Cl..Ub has been actioxaed and the :mcmi.es transferred to John Lotmu:o's Buil.di.ng Account. (This item also appears in the list) N •

10. A further memorandum of 22nd April 1993 was forwarded from the Director Administration Services to the Manager Accounts reading as follows:-

• ~. .l..s you are aware, the Hort:h and. South Ward Councillors have now resolved to allocate fnnd.s to va.ri.ous groups vi.thi.n their respective Warcl.$. As a consequence there may· be a reqni.reme:nt to have cheques raised promptly to enable COunci.llors to maka presentations at :functions, etc.

2 . $35, 000 has :been set aside for completion of bu.ildi.D.g wo:r:lcs at the western subu.:J:::ba Soccer Cl.ub and. Counci.llor Belson has l:eqn915ted that t:.b.i.s money be transfer.red to John Lotauro • s Bai.ld.i.nq Account. Would. you please oblige• •

J.J.. At the o:rd.i.na.ry meeti.nq of Council on 18th May an item of

D0826llemb.:bm

i

I ~

I I

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urgent business was admitted and a resolution passed that $61,000 be allocated as the River Ward allocations in accordance with a list produced. This lis~ was one of si:Jniler groups, Clubs, etc. , and was in two groups one under the heading of "Councillor Cha.rlie Skidmore" and the other under of "Councillor .Jean Boles". Both those Councillors declared an interest in relation to this matter and were absent whilst. it was dealt with.

12. At the meeting of the Committee of the whole Council held on 1st June 1993 a motion was carried under the heading "South Ward allocations", "that the. confidential attachment detailing South Ward allocations be approved", This apparently refers to a total of $6,010 to be allocated to 7 groups.

13. At the meeting of the Council on 15th June a resolution was carried that the matter in relation to North, South and River Ward allocations be accepted as a item of urgent business and on the motion of Councillor Skidmore, seconded Councillor Parnis a resolution was carried that the three Ward allocations be accepted as per the attached confidential schedule. The schedules showed $35,500 for North Ward allocations, $7,000 for South Ward allocations and $42,000 under the heading "Cou.~cillor Irene Shand for River Ward allocationsn as well as $45,000 under the heading "Councillor Charlie Skidmore for River Ward allocations". Councillor White declared an interest in relation to this matter.

14. At the ordinary meeting of the council on 20th July an item of urgent business was accepted and a resolution carried on the motion of Councillor Skidmore seconded Councillor Brennan1 that further North and River Wa.rd allocations be made as per attached lists and they were for $1,950 for the North Ward allocations and $12t800 for the River Ward allocations.

15. On 1st July 1993 the Director Administration Services brought to the atten~ion of all Councillors that there was an outstanding amount owing to Council by the Western Suburbs Soccer Club (apparently in relation to their ground rental) which Club had received $35,000 from the So~th Ward Councillors allocation.

16. There then follow in the papers presented to us various listings of amounts spent 1 and copies of lQtters prepared for various Councillors most of which read as follovs:-

D0826llc:mb.bm

"lt gl.ves me great pleasure to pJ:eSent a speci.fi.c pw::pose cheque for $ to your q.roup.

It is very pleasing to be able to support our comnmni ty and ve hope tha.t the enclosed cheque

00826llcmb.bm

- 4 -

w:i.l.l. assist your Comai.ttee to pu:r:chase some 'Vel:Y naadad aquJ.:pmeut.

Si:Dce:c:e best vi.shes £or the remainder of 1993.

Yours sincere1y•.

City of 1210-1 CS:KH

The Principal Sunvale Primary School ~eil Street Sl0:SHP.\E 3020

Dear Sir

Sunshine 6 August 1993

It gives me great pleasure to present a specific purpose cheque for Sl,OOO.OO to the Sunvale Primary School.

It is very pleasing to be able to support our school community and I hope that the enclosed cheque will assist you to purchase some very needed equipment.

Sincere best wishes for the remainder of 1993.

Yours sincerely

CR CHARLIE SKJDMORE Deputy Mayor

r:.,J

City of ~f: Sunshine N2 0000346

NC11C:JC.] f..1..:s~:a.hc. Ec.nk Ll!rmed

Sunshine · 290 Hampshtre Road Vtc

PAY i~E SUM OF TO T..;E ORDE"i OF O.<.TE .<.IAOUNT

CNE TECUSAND COLLARS. SUNVALE ~R!MARY SCEOCL 4. 8. 93 $1000.00

FO= . .<.11:0 0>.: S!?:io<A"F OF THE CITY OF SUNSHINE GENERAL ACCOUNT ········- ----r~-~~---

u~ ___....-;:::::-/ ~ .. , ............................................. ~·························· .. ··········--············-············ ..

11' 0 0 0 3 4 Eo n• 0 B 3 "' 4 3 ?r! 5 I. 5 5 B "' q 3 E, 0 n•

>­...J z

(j 0

< G: >­< !l.

City of

1 r 0-f AfM.KH

!\1r M Caland.rella 65 Birchwood BouleYard DEER PA.RK 3023

Dear \1ichelangelo

Sunshine

6 August 1993

On behalf of the !\orth Ward Councillors, Cr Clare Brennan, Cr Geoff White and myself it gives me great pleasure to present a specific purpose cheque for $300.00.

It is our pleasure to support Sunshine's youth in sport and we note the excellent endeavour and personal commitment gtven to aspire to this leYel of competition.

I congratulate you on your selection in the Victorian Secondary Schools Soccer Team travelling to Darwin later this month and take this opportunity to extend our sincere best wishes to you. Good luck!

Yours sincerely

CR. MAR/ON .\-fAR TIN :\layor

f'"

i City of ~· Sunshine

FC1'< ~'i::i ON !;E"'"-LF OF T!CE CITY OF SUNSHINE GENERAL ACCOUNT

0000339

Sunsr,ine · 290 Hampshtre Road V•c

$300.00

f' I . .rif!.ry.,:{u4'~....../

...................• ~:::::::::::::::::::::::::············ 11 1 0 0 0 3 3 "J 11° 0 a 3 "' l, 3 7 I: 5 j, 5 5 a "' ::; 3 b 0 n•

City of 12 7 0-1 CS:KH.

«name» «address 1 >>

«address2»

Dear Sir/Madam

Sunshine 4 August J 993

On behalf of the North Ward Councillors, Cr Clare Brennan, Cr Geoff 'White and myself, it gives me great pleasure to present a specific purpose cheque for $«figure».

It is very pleasing to be able to support our community and we hope that the enclosed cheque will assist your Committee to purchase some very needed equipment. '

Sincere best wishes for the remainder of 1993.

Yours sincerely

CR MARJON MARTIN Mayor

FROM THE OFFICE OF THE MAYOR,

COUNCILLOR MARION MARTIN

Municipal Offices, Alexandra Avenue, Sunshine, Victoria, 302!) PO Box 70, Sunshine, Victoria, 3020

Telephone: B.H. (03) 313 3302; A.H. (03) 363 7301 Fax: (03) 313 3559

CITY OF THE FUTURE

12i 0-1 IS:KH

«name» «address 1 » «address2»

City of

Dear Sir/Madam

Sunshine 4 August 1993

It gives me great pleasure to present a specific purpose cheque for «figure» to your organisation.

It is very pleasing to be able to support our community and we hope that the enclosed cheque will assist your Committee to purchase some very needed equipment.

Sincere best wishes for the remainder of 1993.

Yours sincerely

CR lRElVE SHAND

Municipal Offices, Alexandra Avenue, Sunshine, Victoria, 3020 Ausdoc DX 30315, Sunshine

Telephone: (03) 313 3211 Fax: (03) 313 3351

CITY OF THE FUTURE

JJ ADMINISTRATION SERVICES DIVISION

CONFIDENTIAL

J M Nonnan:KH.

26 July 1993

TO:

FROM:

RE:

ALL COUNCILLORS CITY MANAGER

DIRECTOR ADMINISTRATION SERVICES

WARD ALLOCATIONS

Attached for your infonnation is the current status of River, South and North W;rrd Allocations.

1n summary-

The River Ward has raised cheques to the value of Cheques yet to be raised

Balance of Ward Allocation

The South Ward has raised cheques to the value of Cheques yet to be raised

Potentially, the South Ward has overspent their allocation by $2,650.25.

The North Ward has raised cheques to the value of Cheques yet to be raised

Balance of Ward Allocation

79,700

ru.oo $119,200

$13,800

60,490.25 75.160.0Q

$135,650.25

105,617.64 13.013.56

$118,631.20

$14,369

ln the North Ward deliberations there are four clubs that are in question as to whether the Ward Cowtcillors wish to proceed with the allocation of these funds or not. It is important to note the attached lists have been ratified at various Cowtcil meetings.

. 2.

This has been a very difficult area to manage and it would be appreciated if all Ward Councillors would direct the raising of the cheques to Mrs Kerry Hewson. my personal assistant, who keeps a running record and maintains the cost centre for accounting purposes.

JEANETTE M. NORMAN Director Administration Services

Att.

\1L""'L"TES OF THE SPECL.U. !'v1EE'J'D:G OF THE COCSCIL OF

TI-rE Cm· OF SL'SS~"E HELD L" THE COL'SCIL CHA ... \ffiER. \1C,1CIP . .U. OFFICES.

:~.LEX...->SDR.-\ AVE:\l"E. St::\SHr--"E 0:\ 1 Al'Gl'ST 1993 AT 5.51 P~1

PRESE!\"T:

>-iorth Ward : The \1ayor, Cr !\1artin {in the chair), Crs White and Brennan South Ward: Crs Pamis and Hyen River V./ard: Crs Skidrnore and Boles

APOLOGIES:

2/8/1993 M979

Apologies were tendered on behalf of Crs Shand and Nelson and leave of absence was granted.

1!\" ATTEl'iDANCE:

~vir A K Lee · City \·1anager/Chief Executive Officer \1s J ~onnan- Director Administration Services \1r D Dalton - Director Community Services \1r J Willaton ·Manager Central ServicesfTo,\n Clerk

To consider and order upon:

BUDGETARY ALLOCATIONS

PRAYERS

Prayers for this Special Meeting of Council were led by the City Manager ~1r A K Lee.

Cr Skid more moved, Cr \Vhite seconded,

That SI,OOO be allocated to SunYale Primary School from Cr Skidmore's River Ward allocation.

CARRIED

Cr Brennan mond, Cr \Vhite seconded,

That Sil be transferred from the :'\orth \Vard allocation previoush· allocated to Alban,·ale Residents' Association and S62 be reallocated to Albanvale Pr;·school Centre and S9 to Albam·ale Children's Play Group.

CARRIED

ADMINISTRATION SERVICES DIVISION

J M Norrnan:KH.

29 July 1993

TO: COUNC~LORCLAREBRE~~AN

FROM: DIRECTOR ADMINISTRATION SERVICES

RE: WARD ALLOCATIONS

Clare,

Further to mv memorandum of 28 Julv 1993. listed hereunder is an itemised account of - - '

all expenditure relating to the Albanvale Kindergarten, Playgroup and Albanvale Residents' Association.

Albanvale Residents' Association Purchases:-Photocopier Alarm System

Albanvale Kindergarten and Albanvale Playgroup Playgroup purchases:· Multi-purpose seating booth Swing frame Toddler swing

Kindergarten purchases:­Multi-purpose seating booth Re bounder Jouncing Board Lightweight Plank Horizontal Tyre Swing Rope Ladder - heavy duty

Allocated $5,000- Council Meeting 20/4!93

3,339.00 900.00

$4,239.00

Allocated $1,200- Council.Meeting 20/4/93

175.00 375.00

59.00 $609.00

175.00 157.50 159.00 89.00 33.70 47.50

$661.70

As can be seen, the Albanvale Kindergarten and Playgroup have overspent their allocation by $70.70_ You will need to either transfer funds from another source (eg. Albanvale Residents' Association) or make a further allocation to compensate for this amount at next Monday's meeting.

JEANETTE M. NORMAN Director Administration Services

.tv1I'\ 1... "TES OF TilE S PEClAL MEET'I2"G OF TI-!E C 0 L"'\ Cn. 0 F

niE cm· oF St:'>SHI'."E HELD r\ TiiE cou]';cn. CRA-"mER . .\1t:'>ICIP.-'..L orncEs . . -\l..EXASDR..o. A\ "E'\L"E. SL''\SHI'\"E 0'\ 2 AUGL'ST 1993 AT 5.51 P~1

Cr Brennan mo"ed, Cr \Vhite seconded,

2/8/1993 M980

That the following allocations be granted from the North Ward allocation:

Deer Park Girl Guides Deer Park Scouts St Albans Scouts Deer Park West Primary School Parents and Friends

Kathy Mitcbell and Kell~· Mitcbell Michelangelo Calandrella

Cr Martin moved, Cr Parnis seconded,

That the donation pre,•iously awarded to the following:

\laltese Senior Citizens Club North Sunshine Soccer Club St Albans Football Club Dutch Senior Citizens Club St Albans Cricket Club

$500 S500 S500 SSOO to be spent on

equipment replacement S500 each S300

S500 SlOOO

Sl,SOO S500

Sl,OOO

CARRIED

be reimbursed to the Ward Allocation Account on the basis that the groups no longer exist:

CARRIED

Cr Boles mo"ed, Cr \\'bite seconded,

That S2,000 fo:-om Cr Boles' River Ward allocation be donated to the Salntion Army Christmas Hamper Fund to be added to the Sunshine Businessmen's Christmas Hamper Distribution Fund.

CARRIED

.MEETING CONCLT.JDED: 6.11 PM

Confirmed: ------------~-------------------------Mayor

VORT/1 ~JIARD ALLOCAT/0/\'

CIIEQUES RAISED Olt OIWERS I'LACED AS AT 30/7/93

Albion Cricket Club Glenmaggie Drive Reserve (playground equipment)

(crushed rock) Albanvale Residents' Assoc. ·(photocopier)

(alarm system) Deer Park LiUie Athletics (head phones)

Deer Park Senior Citizens Deer Park Netball Association Sassella Park Liule Athletics Deer Park Cricket Club Highway SoOball Group Sassclla Park (curtains)

" (noor surfacing) Deer Park Toddlers (play equipment) Spanish Senior Citizens Group Sunshine Swimming & Life Saving Club Sunshine Cricket Association Robert Bruce Reserve Duilding Fund Albanvale Football Club Westvale Soccer Club Filipino Senior Citizens Group Turkish Senior Citizens Group Macedonian Senior Citizens Group Deer Park Football Club Polish Senior Citizens Group Deer Park Community Information Centre Playgroup Sunshine Helping Hand Sunshine Police Station Deer Park Nursing Home Albanvale Kindergarten AIL I Ql--~..,.....-~u~

5,000 1,2)] 3,R4.'i 3,630 96.18 3,339

900 219.86

1,377 500

30,000 1,200 1,000 2,000

1,606.90 3,235

I, 181.20 500

1,000 2,000

25,000 1,500 2,000

500 500 500

2,000 500

1,000 450 500

1,000 66170

r,.oo

Porter Walkway St Albans South Playgroup CIIF.Qm:s RAISED OR ORDERS I'LACEI> AS AT 30/7/93

St Albans Community Youth Club Playgroup Westerngale Playgroup Deer Park Children's Centre Orama St Child Care Centre Rosslare Pde Child Care Centre Rhodes St Child Care Centre Deer Park Kindergarten Deer Park West Kindergarten Epalock Cres Kindergarten Welwyn Pde Kindergarten Westgale Kindergarten Sunshine Park Kindergarten Willis St Kindergarten Kathy Mitchell Kclly Mitchell Michelangelo Calandrella Deer Park West Primary School Parents & Friends I sl St AI bans Scout Group I sl Deer Park Seoul Group Deer Park Girl Guides

MONIES ALLOCATED BUT NOT YET PAID

Albanvale Residents' Assoc. (residual) Polish Sporting Recreation and Community Association and Deer Park Littl~ Athletics (already allocated $ i ,596.86) (residual) Porter Court Playground (residual) City Pride Competition Glenmaggie Drive/Denton Ave. (residual) Sassella Park flail (residual)

'- ! ,......,.. r. ,.......... • • I I.! ~ ....... ..... ... .. .. -- -- . - - - - - .

4,940 .'iOu

500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 300 500 500 500 500

$

603 14 60

1,000 1,195 R2 ?~55_810 ..,

Maltese Senior Citizens Group North Sunshine Soccer Club St Albans Football Club - Errington Res. St Albans Cricket Club - Errington Res. Dulch Senior Cilizens Group

.. Hems shaded, monies to be withdrawn . .

-, VORT/1 H/ARIJ ALLOCAT/01'.

500 1,000 1,500 1,000

500

CIIEQlJf:S RAISE:!> AS AT 9/8/93

Albion North Primary School Braybrook Youth Club Braybrook Primary School Draybrook Football Club

Sunshine Community Chest

Christmas Hampers to needy citizens (Cr J Doles) Sunshine Swimming Pool (equipment) \

Carlton Kindergarten lloward Kingham Lodge l ' 1

Sunshine Ladies Benevolent Society ( tF, ' 1

Maidstone Primary School Maribyrnong Primary School Maribyrnong Youth Centre Mercy Hospice Care .. North Sunshine Primary School North Sunshine Kindergarten North Sunshine Football Club

I I I f i

I I I

/_) <: ' ( f '~J :.ll -1 7 ' , ... .,

Salvation Army ( "

Sunshine City Band - .1

Sunshine East Primary Schoo0'--­Tottenham Primary School Uniting Church Axis Outreach Uniting Church Sunshine YCW Sports Club C'1 ,..

Christ the King College C'l I'~

f lh} 1>'1 ':i '1. J

ts..:.; (·, "'-~

:JC 7 r, ;:5

'liVER WARDALLOCATION~r APPENDIX 8

1,000 1,000 I I 2,000 2,000 2,000

400 1,000 1,000 2,000 1,000

1,000 1,000 2,000 2,000 2,000 1,000

20,000 I

2,000 3,000 1,000 1,000 1,000 2,000 2,000 7,000 I

Cllf:QUES llAISEI> AS AT 9/8/93

Maribyrnong RSL (monies transferred to the Plant c., ,, n ') Replacement Account -Club allocated a trade-in _;, • 1 r, :l

Allocated $3,000 towards cost of mower, however only cost $2,400; therefore $600 to go back into Ward Allocation monies. Neighbourhood Watch (6 groups)@ $500 C' 1 ''-~'] :A' 1 ,, _ _,

S_unshine Kind~rgarten I ne. ( , _ 1 he Dobson Kmdergarten Inc. { r I r I~ 1 ''} , __ <i 5

Cherry Cres. Pre-School Inc. .J Braybrook Youth Centre Maribyrnong Youth Centre Braybrook Maidstone Community I Jealth Centre

_Museum of the West Friends of the Maribyrnong Braybrook Secondary College Maribyrnong Secondary College ( Sunshine Secondary College, (North Sun. Canwus) Christ the King Secondary College Chisholm College \'- 'I r- ~'' J St John's College l"j b '1 .3

I st Sunshine Scouts Parents Ctee 7th Sunshine Scouts Parents Ctee I st North Sunshine Scouts Parents Ctee 5th-6th Sunshine Scouts Parents Ctee Neighbourhood Watch (River Ward, to be divi<kd Sunvale Primary School c::r ,. '~'} ~; ~'-'• · i :')

Salvation Army Christmas llamper 'fund c: ., r '!') J ,_} 'li

MONIES ALLOCATED UUT NOT YET PAID Gardens (S Thorpe) C' f H~ 'J ,,,, .<-; · J ~

"11 (S Thorpe) Cl ~" "'1 ·..!.(' 1 'i j

Festive Display, Christmas Decorations (R Gill) le .1 1 River Ward Newsletter (I Shand) _j ,,., 1

2,400

1,000 1,000 1,000 1,000 1,000 1,000

200 2,000

2,000 2,000 2,000 2,000

200 200 200 200 500

1. 2,000

$102,600

1,000 500

10,000 7,SOO

'i:IQflflfl

CIIEQUES RAISED OR ORI>ERS PLACI<:D AS AT 9/8/93

A/bion Cricket Club Glenmaggie Drive Reserve

5,000 I

'll '" 3,845

J ;.t' -1 J, ~ 3,630

..

" (crushed rock) 96.18 AlbanvaleResidents'Assoc. (photocopier) C.c'J u 1 • J,, 4 ., 5 3,339

" (alarm system)S J 900 Deer Park Little Athletics (he:td phones) ( ., . .

" 5 c I 1--~J /(_, LT~ Deer Park Senior Citizens c. '' t /fry •') r., q:"> Deer Park Netball Association C' 1 H!'7 .::c _.., ' 1 3

Sassella Park Little Athletics ) Deer Park Cricket Club ( C ' 1 I' 1! '] :;,c.• / 1

• t. ~ Highway Soflball Group 5 -Sassella Park (curtains) ) c'' 1 ,, ::.>•·· /, .,_5

" (floor surfacing) j · '-) Deer Park Toddlers (play equipment) et f--11_] .?£ '.., '~ 'j Spanish Senior Citizens Group c'' 'I r 1/,) t•:J ,, 'i -j

Sunshine Swimming & Life Saving Club c:: 'I r /~_') .:J(' 4-7 -~ Sunshine Cricket Association ('.'1 ,...,~ ~ .:J(' 4 'r')

Robert Bruce Reserve Building Fund Cl t 11'1 '''J f,.r,;

Albanvale Football Club Z C' ., ,. /In :t' 4 •i3 Westvale Soccer Club _ _s ·

219.86 1,377

500 30,000

1,200 1,000 2,000

1,606.90 3,235

1,181.20 500

1,000 2,000

25,000 I

Filipino Senior Citizens Group ( 500 Turkish Senior Citizens Group 1._ c 'I 1' 1Z; '':5 c 7..3 500 Macedonian Senior Citizens Group) 500 Deer Park Football Club C'l t-~J :X:' 4-'U 2,000 Polish Senior Citizens Group c · 1 ~'-If'] 15 .l---'~3 -<'( • _, q 5 _ 500 Deer Park Community Information Ceritre Playgroup C'l f ~0 ":J L'i3 I ,000 Sunshine Helping Hand ( ,

3 450

Sunshine Police Station 5 c 'I 1 1!J ;2{_)

1 10 500

Deer Park Nursing Home . I ,000 Albanvale Kindergarten( c't ,, 1~'] ~l F; -~~ !i. 21." 4- "t3 661.70 Albanvale Playgroup J · . 609 Porter Walkway c:.: 'I t· ~:J I'J b 'l.j 4,940

'fC:YlTTON.'

Cllf.QOF.S I~AISJm OR Onm:RS PLACED AS AT 9/8/93

SI Albans South Playgroup ( St Albans Community Youth Club Playgrou1 Weslerngate Playgroup Deer flark Children's Centre Orama St Child Care Centre Rosslare Pde Child Care Centre {

1 ,.

(- 'I I I ;/( • / f I 5 Rhodes St Child Care Centre · '} Deer Park Kindergarten Deer Park West Kindergarten Epalock Cres Kindergarten Welwyn Pde Kindergarten Westgate Kindergarten Sunshine Park Kindergarten Willis St Kindergarten Kathy Mitchell (donation : sport) -) Kelly Mitchell (donation sport) l ( .,

1 1,. Michelangelo Calandrella (donation . sport) j :> ~-:. , -!"> Deer Park West Primary School Parents & Frie ds I st St AI bans Scout Group I st Deer Park Scout Group Deer flark Girl Guides

MONIES ALLOCATED BUT NOT YET PAID

Albanvale Residents' Assoc. (residual) Polish Sporting Recreation and Community Association and Deer Park Little Athletics (already allocated $1 ,596.86) (residual) Porter Court Playground (residual) City Pride Competition c 1 I' I!•J 1•:, f, ., 1

Glenmaggie Drive/Denton Ave. (resiclual) Sassella Park Hall (residual)

soo 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 300 500 500 500 500

$115,823.84

690

603.14 60

1,195.82 ZJ5_~JtlQ

$6,107.06

I? // / / ., ;-1"71 I ./.1 -~·

"'OU111 WARD ALLOCATION.,.

CHEQUES RAISEI> AS AT 9/8/93 Ardeer Soccer Club .:::'I r--t~') 1':) , . r; 5

Kale Darnard (donations towards athletics trip)'--' I I ~ J 1 u. · '""·

Croatian Dawn folk Dance Group Cl t I,,•J '':i c .r1 j,

Croatian Senior Citizens ~ Macedonian Club l>olish Club (Ardeer) C'l t

Ainsworth Reserve- Sunshine Heights Football ~----'~ Club (hire ofPortacom module, May-August 1993) **Note: Cost to hire module is $26345 per month

Club to be invoiced for hire exceeding $1,000 .

St Pa~l's Youth_ Gro~p ( . , , 11

,, .. • ,-..~ Sunshme OeautJficatJon Group j '- 1 1 ,J '-' l' .) Sunshine Little Athletics Sunshine Cricket Association C'l t 11') L ,., 'i"" Sunshine Heights Tennis Club C't tt!'J 1,_, 1. 'U

Western Region Maltese Community Club l_ Western Region Maltese Comm Club Women'J c~·t t II'J

I' I ., ,_ Group -' ,.. ..:J

Polish Youth Group / Western Suburbs Soccer Club \.

1 (Transferred to John Lotauro's building account)j :·',/, ~ Empress Court - park Ardeer Soccer Club (Sprinkler System-S Thorpe

1,000 300

1,000 6,000 2,000 1,500

1,000

450 300

2,750 2,000

500 500

500 500

35,000

4,940 15,000

$75,240

MONIES ALLOCAH:O UUT NOT YET PAID

Sunshine lleights Junior Soccer Club r Albion Football Club (Transfer to J Lotauro's buildin fund) Sunshine Park Tennis Club J t 'I I/IJ Ukrainian Senior Citizens 1

· <'~ 1 "

Empress Court - park (S Thorpe) (residual)

~ ..... "-"S~"~

1,000 56,500

500 500 60

$58,560

Boo!/

p R I c E B R· E N T

SOLICITORS

City Manaqer City of Sunsh.ine DX 30315 SUNSHINE

Attention: Jlr. Lee

Dear Sir

500 Bourlce Street,. Melbomne, VIC 3000. OX 427 Melboum&. Pax: (03) 246 5111.

Till: (03) 2.46 JOOO

2 ::- ~~ •-v l~G't

. cM7'c.L'i..-o 1 2.. <g' J ~ )( 11 ;oos ~n:~3;2 -

-··.,- .·- .. -~ .. -- . Re: Pecnniary Interest of Councillors

- Co~ty Organisations

04/CIT053/135

DI'RiCTW.'ii24G-Sl75

~~~: Colin Barlow "tttlRREf:

25th l!lay 1993

we have your letter of 19th !lay. We note that you require advice as to whether pect:UJ.iary interest may arise, i.n. Councillors, where the Council is i.n.volved in contracts or arrangements o~ other di.scuss.ions as to the making of donations to coDIIDU:lity groups, and where a Councillor or the Council1or•s spouse may be a member an.djor office bearer of such a cOllllllUility g:r:oup which may become i.n receipt o£ monies from the Council. We do not thi:::lk any pecuniary interest problem arises in those circlllll.Stances, unless very particular problems arise which we will touch on towards the conclusion of this advice.

The classic statement as to what is a pecuniary interest so far as Councillors are concer.ned, is that set out in the case of Downward v. Babinqton, 1975 VR 719, where the t&l:Dl was defined by reference to an interest wh.ich miqht q.ive rise to an expectation of gain or loss which wes not too remote or specu.lative. No doubt it could be said, that if a qrant of money from your Council· to a particular community group were made, and a. Councilllor were a. member of that community group, then there might be some prospect of gain to him/her because the qrant miqht possibly result in him/her not

·havi:nq· to· contri.bute- funds to that group. u ~/she might .othe.nli.sa :be requil:ed or wish to do. In our view, however, such a proposition falle within the phrese •too speculative or ~emote• and would be hiqhly unlikely to be classified as a pecuniary interest~

In any event, it seems to us that Section 78(1) of the Local Government Act 1989 addresses this issue. It is Section 79 which imposes a duty on Councillors and members of committees to declare pecun.ia:z:y interests, and not to vote on affected :matters, but Section 78 i.n.dicates a number of situations where that Section 79 does :not apply. The Section indicates that that Section does :not

Sydney Offke: 31 Mari:et Strnt. Sydn"Y, N..S.W. 2000. OX 1069 Sydn.y-. Fax: {02) 261 ''18. l"el: (02) 261 3000.

DOS2415/cmb/tz/ '

- 2 -

apply in the following case:-

n {h) Only as a member of a local community body, club, union or othar orqanisatLon which La a non-profit organisatiOn i.f no personal qain to the Councillor or member of a specia1 comin.ittee or his or her spouse or de facto spouse is involved. n

The latter words of t;.his paragraph would apply, i.n our vLew, to fi.x pecuniary interest on a Councillor if the rasuJ. t of the qrant to the community body was a direct gain, or loss to that Councillor. As an example, if there were a commun.ity body interested in relieving persons in needy circumstances and that body had in mind reli.evinq the needy c.ireuJ:llStances of the family of a Councillor,

·then ·a- ·proposal -:for a· grant· of mon..y i::;y · CoWlCJ:-l· -to- that- commu:ni ty group would give r.ise to personal. gain to the Councillor an.d would be a. matter upon which that Counci.llor woul.d have a pecuniary Lnterest. Apart f.rom any remote cLrcum.stances such as that, · .1. t would seem to us that this para.gra.ph (h) would operate to ensure that, in ordi.Ilary ci.rcmnstances, a Councillor would not ha.ve a pecuniary i.nterest where Council was conside.ri.nq whether or not to make a grant to a non-profit orga.nisatLon within the comm~ty of which he was a member or i.n which he wa.s interested.

Yours fa.ithful.l.y PRICE :B:e.ENT

Per: I>

·oos241S fcmb/tz/