Tuesday, 7 March 2017

A Fair Day's Wages For A Fair Day's Work*: has an employment epoch finally come to an inglorious end?


Looking at the Australian employment market in 2016 and 2017 one has to ask if this country has entered the Era of Exploitation………

ABC News, 1 March 2017:

the Australian economy is currently growing at around 2 per cent per annum. That's about fast enough to keep the unemployment rate steady, but it's not fast enough to create lots of new jobs. To create jobs, it needs to grow at least 2.5 to 3 per cent per annum.

The economy isn't growing fast enough for a whole bunch of reasons, but the big picture is that we haven't been able to transition as smoothly as we would have liked from the mining boom, to an economy being driven by a number of different sectors.

The sectors of the economy that have enjoyed increased activity are healthcare, hospitality, and tourism. These sectors tend to be biased towards hiring part-time workers.

Nine2Three Employment Solutions in Sydney's Sutherland Shire specialises in placing candidates into part-time roles. Managing director, Kathryn MacMillan, say business is booming. Right now, she's placing job seekers into part-time roles including mining, tourism, retail, clerical and accounts-type roles, sales roles and business development.

Ms MacMillan explained to me that she's placing lots of mums re-entering the workforce, and people after just a few days of work a week. Part-time work can also be convenient for students, and for those returning to the workforce after an illness or injury.

You can't ignore, however, the hundreds of thousands of Australians over the past 12 months that have either lost their job, or would dearly like to work more (to help pay the mortgage, utility bills etc.).

We know, for instance, the economy shed 53,000 full-time positions in September last year. Another 44,800 full-time jobs disappeared in January.

It's really quite straight forward. The Australian economy is transitioning, and many workers are getting left behind.

Remember the kids' game, musical chairs? Everyone has a seat to start with. That was the mining boom. The music started playing during the financial crisis, and now that it's stopped, we've noticed quite a few chairs have been taken away. We're now seeing two or three people trying to squeeze onto the same chair in many cases!

Darren Coppin is the chief executive of Esher House. His company spits out all sorts of interest research. He told me recently that this big economic transition has also ignited a bit of a social change.

He explained to me that 30 years ago the man did most of the paid-for work (40 hours a week). Since then millions of women have entered the workforce. During the 1980s and 1990s both men and women were working more, and earning more (excluding the recession).

Recently, however, the economy's been unable to sustain those jobs.

Now, women tend to be working 25 hours a week, while men also work 25 hours a week (in trend terms). So, overall, the household is working more, but because both jobs may not be strictly full-time, the actual combined take-home pay at the end of the day is less.

So yes, you guessed it, overall we're working more, for less pay.

Record low wages growth is also rubbing salt into the wound.

Anecdotally I've met quite a lot of people who are doing their best to make the best of a bad situation.

Many couples with children, for instance, have decided to work nine-day fortnights. That means mum or dad takes one day off each week. That day's devoted to running errands, and, of course, child care... and cooking.

I spoke to a single mum last month who told me she felt quite isolated. She said she spends all of her waking hours working and looking after her child, with no time left over for friends, because the bills keep piling up (child care and rent being the ones that hurt).

While many Australians are working out how to get by, too many are really struggling.

I spoke to a few people last week who told me the decision by the Fair Work Commission to scrap Sunday penalty rate had been a kick in guts.

Mandy Carr, for example, a retail worker on Queensland's Gold Coast, had decided to return to work (post maternity leave) on the Sunday shift so her and her husband could get ahead financially.

She says the decision will cost her $100 each and every week.

There are too many Australians though that are angry... really angry.

They're upset because they'd desperately like to make a go of life. They want a home, and enough money on the side to give their kids opportunities in life. But they're being held back by a job that doesn't offer them enough in terms of hours and/or pay, and the cost of living keeps rising.

There's also the emotional toll that workers face with heightened job insecurity, combined with ever-increasing debt repayments.

The Reserve Bank governor told a Parliamentary Committee last week that the situation households face (having to cut back on spending because of rising costs and low wages) is "sobering".

The recognition of the problem is heartening. At this very moment though, recognising the problem is all we seem to be doing.

Low wages growth is at record breaking level and underemployment is endemic in Australia in this second decade of the 21st Century.

By December 2016 seasonally adjusted wages growth was 1.9 per cent December Quarter 2015 to December Quarter 2016, with growth in the private sector being lower still at 1.8 per cent.

Trend percentages are even more dismal.

In December 2016 the Cost Price Index (CPI) showed rises in the cost of food, non-alcoholic beverages, alcohol, tobacco, clothing, footwear, housing, furnishings, household equipment & services, recreation & culture, education, insurance and financial services – with CPI rises ranging from 1.8 per cent to 5.9 per cent December Quarter 2015 to December Quarter 2016.

According the Australian Bureau of Statistics Labour Force Statistics in  December 2016 there were seasonally adjusted an:

est. 739,600 people who were unemployed and looking for full-time work – an est. 18,100 more individuals than in December 2015;

est. 3,814,200 people who were working part-time but would prefer to be working full-time – an est. 126,600 more individuals than in December 2015; and

est. 212,500 unemployed people who were exclusively looking for part-time work in December 2016 – an fall of est. 1,100 individuals since December 2015.

In November 2016 there were seasonally adjusted an est. 1,099,400 underemployed individuals - usually working less than 35 hours per week for a wage which does not meet economic needs. That represents an underemployment rate of 8.6 per cent.

In January 2017 there were around 129,800 more people working part-time than there were a year ago and around 40,100 fewer people working full-time and, despite an alleged small growth in full-time jobs in December 2016, the trend unemployment rate still stood at 5.7 per cent for the ninth consecutive month.


Affecting the take home pay of more than 700,000 workers, with those who regularly work Sunday shifts being left between $29 and over $80 worse off every week.

Many of these workers are already employed in industry sectors and regions which often allow only limited opportunity for changing employers.

According to the Internet Vacancy Index (based on a count of online job advertisements newly lodged on three main job boards SEEK, CareerOne and Australian JobSearch) in January 2017 job vacancies decreased in the Northern Territory, south west Western Australia, western Victoria and regional New South Wales - with the NSW North Coast showing a twelve month decline of -2.6 per cent and three month moving average of 1,700 job on offer to suitable applicants.



The effect of statistics such as this on individuals, families and communities are amplified across rural and regional Australia where the job market is usually tighter than in metropolitan areas and, I suspect that many of us living in the NSW Northern Rivers region have friends or family members struggling with poverty-level incomes due to unemployment or underemployment.

* The saying A Fair Day's Wages For A Fair Day's Work appears to have entered the public arena in or about 1839.

The Trump Regime crosses dangerous lines



CNN Politics, 23 February 2017:

Washington (CNN)The FBI rejected a recent White House request to publicly knock down media reports about communications between Donald Trump's associates and Russians known to US intelligence during the 2016 presidential campaign, multiple US officials briefed on the matter tell CNN.

White House officials had sought the help of the bureau and other agencies investigating the Russia matter to say that the reports were wrong and that there had been no contacts, the officials said. The reports of the contacts were first published by The New York Times and CNN on February 14.

The direct communications between the White House and the FBI were unusual because of decade-old restrictions on such contacts. Such a request from the White House is a violation of procedures that limit communications with the FBI on pending investigations.

The discussions between the White House and the bureau began with FBI Deputy Director Andrew McCabe and White House Chief of Staff Reince Priebus on the sidelines of a separate White House meeting the day after the stories were published, according to a U.S. law enforcement official.

The White House initially disputed that account, saying that McCabe called Priebus early that morning and said The New York Times story vastly overstates what the FBI knows about the contacts.
But a White House official later corrected their version of events to confirm what the law enforcement official described.

The same White House official said that Priebus later reached out again to McCabe and to FBI Director James Comey asking for the FBI to at least talk to reporters on background to dispute the stories. A law enforcement official says McCabe didn't discuss aspects of the case but wouldn't say exactly what McCabe told Priebus.

Comey rejected the request for the FBI to comment on the stories, according to sources, because the alleged communications between Trump associates and Russians known to US intelligence are the subject of an ongoing investigation. [my highlighting]

The Washington Post, 24 February 2016:

The Trump administration has enlisted senior members of the intelligence community and Congress in efforts to counter news stories about Trump associates’ ties to Russia, a politically charged issue that has been under investigation by the FBI as well as lawmakers now defending the White House.

Acting at the behest of the White House, the officials made calls to news organizations last week in attempts to challenge stories about alleged contacts between members of President Trump’s campaign team and Russian intelligence operatives, U.S. officials said.

The calls were orchestrated by the White House after unsuccessful attempts by the administration to get senior FBI officials to speak with news organizations and dispute the accuracy of stories on the alleged contacts with Russia.

The White House on Friday acknowledged those interactions with the FBI but did not disclose that it then turned to other officials who agreed to do what the FBI would not — participate in White House-arranged calls with news organizations, including The Washington Post.

Two of those officials spoke on the condition of anonymity — a practice President Trump has condemned.

The officials broadly dismissed Trump associates’ contacts with Russia as infrequent and inconsequential. But the officials would not answer substantive questions about the issue, and their comments were not published by The Post and do not appear to have been reported elsewhere.

Read the full article here.

Vox, 24 February 2017:

President Donald Trump’s press secretary, Sean Spicer, kept major media outlets, including the New York Times and CNN, out of the daily press briefing Friday, canceling it in favor of an off-camera media gaggle for handpicked media outlets and escalating the Trump administration’s fight with the press.

The White House picked which journalists could participate in the press briefing Friday. Reporters for CNN, the New York Times, Politico, BuzzFeed, and the majority of the foreign press were not among them.

The press pool, including NBC, ABC, CBS, and Fox News, were allowed in, as well as several smaller conservative media outlets, including the Washington Times, the One America News Network, and Breitbart, which was formerly run by White House senior strategist Steve Bannon. Time and the Associated Press boycotted the gaggle, according to reporting from CNN.

The White House Correspondents’ Association board responded to the incident, noting that they were “strongly against” how the White House conducted the media gaggle and that they would discuss the matter further with the president’s press team.

While Trump’s presidential campaign was known for banning media outlets from rallies and campaign events, this is one of the first times the media has been explicitly barred from a White House press event during Trump’s presidency.

Monday, 6 March 2017

Australian Border Farce still letting the uniform go to its head


Business Insider Image: Australian Border Force

On 27 February 2017 the Australian National Audit Office released its report into the Australian Border Force Farce use of statutory powers and it appears the uniform is still making personnel giddy with power.

This is the third critical ANAO report and The Sydney Morning Herald carried this same day response from a department obviously unhappy with this report:

Immigration boss Michael Pezzullo conceded to "a number of administrative deficiencies" within his department but shot back at the National Audit Office over "loose terminology" and findings he called "unworldly".

Excerpt from report, with full report available here:

Audit objective and criteria
3. The objective of the audit was to assess the establishment and administration of the Australian Border Force's framework to ensure the lawful exercise of powers in accordance with applicable legislation.
4. To form a conclusion against the audit objective, the ANAO adopted the following high-level audit criteria:
Is there an effective accountability and reporting framework for the lawful exercise of powers?
Do Border Force officers have adequate knowledge of their powers and how to use them?
Conclusion
5. As part of the integration of Immigration and Customs, the department has made progress towards establishing a framework to ensure Border Force officers exercise coercive powers lawfully and appropriately. However, significantly more work needs to be done to gain assurance that controls are effective.
6. The department's enterprise risk management framework does not adequately address the risk of officers exercising coercive powers unlawfully or inappropriately. Several internal assurance reviews have uncovered problems relating to the exercise of statutory powers. The Border Force has established an integrated operational quality assurance team, which has not yet finalised any reports. Delegations and authorisations for coercive powers are complete and in place but not all instruments are accessible to officers.
7. The ANAO found instances of potentially unlawful searches and failure to comply with instructions under both the Customs Act and Migration Act, which indicate current internal controls for mitigating the risk of unlawful or inappropriate use of coercive powers are inadequate.
8. The department has not provided adequate instructions and guidance for officers exercising coercive powers. There is currently no single source of instructions and guidance material for Border Force officers, and much of the guidance material available is out of date and inaccurate. While positive foundational work has commenced on integrating the former Customs and Immigration training regimes, officers have been exercising significant coercive powers without having undertaken pre-requisite training.
Supporting findings
9. The department's approach to risk management at the enterprise level has been developing over the past two years. It has established an enterprise risk framework and is finalising profiles for each of its enterprise risks. The current profile relating to unlawful or inappropriate use of coercive powers conflates this risk with integrity and corruption risks, which require different internal controls. This has the potential to divert attention from controls relating to the risk of unlawful or inappropriate use of coercive powers.
10. The department has undertaken several internal assurance reviews that have uncovered problems relating to the exercise of statutory powers. The Border Force has recently established an integrated team responsible for operational quality assurance testing. The team has not yet completed any reviews. Prior to this, the department did not have satisfactory mechanisms for gaining assurance that officers understand their powers and are exercising them lawfully.
11. Instruments of authorisation and delegation for coercive Migration and Customs Act powers are complete and up-to-date. While Migration Act instruments of authorisation and delegation are available on the intranet, instruments relating to the Customs Act (and other Acts) are not accessible to officers.
12. Some personal searches of passengers at international airports examined by the ANAO were unlawful or inappropriate, indicating weaknesses in the control framework. A number of searches of premises under the Migration Act potentially exceeded the authority of the warrant which authorised them, and officers routinely questioned people without documenting their legal authority to do so. Officers also frequently failed to comply with departmental policy instructions, including compliance with certification and recordkeeping requirements.
13. The department has commenced a project to identify the statutory powers of officers of the integrated department, with a longer term view to possibly amending some powers. As part of the project, in July 2016, the department completed a consolidated inventory of all powers available to departmental officers under Commonwealth legislation. Such an inventory will enable the department to identify overlap, duplication, redundancy and inconsistency within and between Acts. It will also assist with identifying any gaps or deficiencies in powers in order to be able to submit a proposal for potential legislative change for government consideration.
14. The Border Force is developing a coordinated systematic framework for reporting on its use of coercive powers. It presently does not have such a framework.
15. Many of the instructions that are provided to Border Force officers on the department's intranet are out of date, incomplete, inaccurate and are not accessible to all officers. A project to remedy this situation was endorsed by the department's executive in December 2015 and has to date delivered only a very small number of operational instructions for Border Force officers.
16. The department has made progress in integrating the former Customs and Immigration training regimes and addressing deficiencies identified through pre-integration training audits conducted in 2014. The establishment of an integrated Learning and Development Branch and the Border Force College has been managed as a priority project, under the Reform and Integration Taskforce. While this project has delivered solid foundations for enhancing the learning maturity of the department, at the time of examination the results of these foundational efforts had yet to be realised.
17. Not all officers exercising coercive powers under the Migration Act and Customs Act have received pre-requisite training. The department has established an integrated Learning Management System but issues remain in relation to the completeness of training records.
18. The department has been undertaking a project to transition to a new workforce model, which has involved establishing 'vocations', profiling job roles under each vocation, mapping required competencies, and developing high level curricula. Training needs analysis for the Border Force vocational stream commenced in October 2016………
Compliance with legislative and policy requirements
3.5 The ANAO examined internal records relating to 69 personal searches undertaken at Australian airports during 2015–16.25 The test results in Table 3.2 demonstrate the detention officer was unauthorised for five (12 per cent) of the 42 external, internal medical or body scan searches in the sample, which means these searches were unlawful.26 With regard to certification, 20 (29 per cent) of the 69 searches sampled involved at least one uncertified officer, meaning these were inappropriate searches.27 All body scan operators in the sample were authorised. [my highlighting]

The American Resistance has many faces and this is just one [or two or three or more] of them (5)



Every day, Americans across the political spectrum are recognizing that our country is at risk of sliding toward a modern form of authoritarianism. We are already seeing signs of that happening.
But we have stronger tools than those found anywhere else in the world to prevent this. We the People, armed with our Constitution and the rule of law, can act to stop it.
That is our mission. Linking together lawyers who served at the highest levels of our federal government, in service of all concerned Americans, we are United to Protect Democracy. Join us.

Politico, 23 February 2017:

Top lawyers who helped the Obama White House craft and hold to rules of conduct believe President Donald Trump and his staff will break ethics norms meant to guard against politicization of the government — and they’ve formed a new group to prepare, and fight…..

has already raised a $1.5 million operating budget, hired five staffers and has plans to double that in the coming months. They’ve incorporated as both a 501(c)(3) and 501(c)(4), allowing them to operate as a nonprofit but participate in some forms of political advocacy as well…..

They started by submitting 50 Freedom of Information Act requests this week that they believe will confirm their suspicions. The plan is to bring what they find to reporters, build it into pressure for congressional oversight with the help of a campaign director they’ll hire, and, as necessary, to file lawsuits.

They’re also hoping to establish themselves as a base for government employees worried about ethics violations — up to and including becoming whistleblowers — and are hoping that their website, https://unitedtoprotectdemocracy.org/,can become a resource.

24 February 2017· 

The time for normalizing, dissembling, and explaining away Donald Trump has long since passed. The barring of respected journalistic outlets from the White House briefing is so far beyond the norms and traditions that have governed this republic for generations, that they must be seen as a real and present threat to our democracy. These are the dangers presidents are supposed to protect against, not create.
For all who excused Mr. Trump's rhetoric in the campaign as just talk, the reckoning has come. I hope it isn't true, but I fear Mr. Trump is nearing or perhaps already beyond any hope of redemption. And now the question is will enough pressure be turned to all those who enable his antics with their tacit encouragement. There has been a wall of unbending support from virtually every Republican in Congress, and even some Democrats. Among many people, this will be seen as anything approaching acceptable. And mind you, talk is cheap. No one needs to hear how you don't agree with the President. What are you going to do about it? Do you maintain that an Administration that seeks to subvert the protections of our Constitution is fit to rule unchecked? Or fit to rule at all?
This is an emergency that can no longer be placed solely at the feet of President Trump, or even the Trump Administration. This is a moment of judgement for everyone who willingly remains silent. It is gut check time, for those in a position of power, and for the nation.


Statement of Purpose
Those involved in Rogue Potus Staff are not part of a partisan attack against Republican politics. To the contrary, most of us are devout Republicans. We are, however, opposed to the egregious incompetence, idiocy, and pettiness of President Trump's White House, and the effective divorce from reality with which it is run. We aren't working to support Democratic victories. We want the American People to regain control of their government through civic engagement, careful contemplation, intellectual scrutiny, activism, and ultimately voting action. This is why we encourage people to be skeptical about who we claim to be, but we vigorously attack absurd reasoning and attacks against the movement.
If our actions were to inspire anything, we hope it would be to underscore the necessity for our country's civic process to be ruled by higher principles than those that characterize President Trump. Those who wish to rally in support of merely different principles have wandered into the wrong place (especially if those principles are equally petty as those offered by President Trump). Nero is fiddling while Rome burns. We all have a choice to make. We can either stand in opposition to the emperor's negligence that's causing the destruction and chaos, or we can take a stand against bad music. Those who choose the latter should not expect to find their cause championed by us.
We have no objection to anyone who does not want to sign the petition we created, or participate in an event we suggested. Everyone has the right to choose for his or her own self. We don't believe that a White House petition will magically make President Trump change his behavior. The success of a White House petition is in gaining enough signatures to require a response. It provides an opportunity to focus the public conversation. In this case, our petition hopes to demand for President Trump to address his negligence head on, and on the record. Maybe he makes excuses. Maybe he gaslights. By itself it may not have any substantive effect. But just like mounting pieces led to Flynn being forced out, the sum of many small chinks in the armor can eventually penetrate President Trump's aura of protected recklessness.
We are not whistleblowers of illegal activity. We are not a news agency. We are not here to leak secret information to the public. We don't offer news, we offer context. We are here to show people those truths that aren't news worthy. If any one of us decides to engage in leaking news to media sources, they do so with 100% separation from Rogue Potus Staff (and yes, it has happened). We are not heroes. We are not magical wizards, nor do we hold any special keys to take him down. The only way that our country can be spared the damage President Trump would exact upon us is through the power of the people.
Resistance is not about hitting a grand slam, or a barrage of knockout punches. It's about wearing down the target. It's about small successes that add up over time. It's about being asymmetrical against an overpowering opponent. It's not about instant gratification, it's about realigning yourself to persist against all odds. It's not about painting profanities on the wall to express your disdain, it's about doing the work to swing the hammer against the wall, even if it will take a million swings.
https://twitter.com/KeithOlbermann/status/834916218914095104

Sunday, 5 March 2017

Wondered why Donald Trump's first presidential address to the Joint US Congress sounded coherent?


Here’s the answer.

With the help of two transparent autocues Trump read every last line of that speech written for him by someone who had actually mastered the English language.

Photograph by visual journalist  Victoria Sarno Jordan

Snapshot from YouTube NBC News, 1 March 2017

Regardless of any level of skill displayed by the White House  speech writer, this was still a Trump Regime speech so requires basic fact checking, which can be found here.

Tingle surgically slices Abbott down to size


Journalist Laura Tingle writing in the Australian Financial Review, 24 February 2017:

Politics is full of catastrophic debacles and tragedies that nonetheless finish up in weed-covered, neglected dead ends.

The Soviet Union comes to mind. All that work. All that butchery. All those millions killed. And then pffft! It was gone.

Similarly, Tony Abbott. Okay, not the millions dead, but what an utter destructive force, an utter waste of space this man has been on the Australian political landscape.

Can you remember anything positive that he has contributed to our polity that has not involved tearing something down? Even as a minister there is not much to recommend him.

He oversaw the introduction of a so-called private sector run employment market that was supposed to ensure that all the government subsidies went to those most in need of assistance. It has never, ever worked like that. Still doesn't.

Health Minister? Well, no-one remembers anything particularly positive there either.

Having torn down his leader in Opposition, he unleashed a feral – and deadly – negativism on Australian politics from which we have never really recovered.

So firmly set on a path of destruction, he set about making everything in his prime ministership a negative and ended up destroying himself.

You might think that at some point there might have been a moment of midnight reflection. But no.

Tony Abbott has continued on his destructive path, not just trying to destroy the man who replaced him but being happily prepared to burn the government of which he is allegedly a part, and some of his closest colleagues at the same time.

All in the truly deluded name of policies that he didn't have the political ability to implement when he was prime minister but which he still thinks might win votes.

Abbott's latest intervention has only had the effect of finally bringing out those who have been most admirably loyal to him - like Mathias Cormann - to call him on his disingenuous, hypocritical and dishonest policy critiques of the current government……

Abbott leaves a stinking pile of loopy policy ideas steaming on the footpath – ranging from cutting immigration to the renewable energy target – that others will have to go to some considerable trouble to avoid, or, worse, being the sort of populist nonsense they are, be adopted by those proffering simplistic solutions.

This was all done under the deluded contention that the political debate in Australia has been hijacked by the Left.

Backed by the tailwind of a gushing and fawning conservative media, Abbott had every opportunity to set a new highwater mark for the right in Australia.

But as his own conservative colleagues publicly abandon him, it is a sign of Abbott's utter failure that he has even made this unfashionable.

Saturday, 4 March 2017

Clarence Valley Council: let's play the guessing game


The 11am 3 March 2017 Clarence Valley Council extraordinary meeting took a whole 8 minutes to move into a closed session which lasted approx. 1 hour & 21 minutes and, then a further 6 minutes was spent unanimously passing a motion to the effect that the closed session resolution concerning the General Manager's employment contract is to remain confidential before closing the meeting*.

The Daily Examiner on 4 March 2017 reported Mayor Simmons as stating "So far as I'm concerned Scott is still the general manager of the council". 

Nothing to see here, move along says the council.

However, this is an intriguing situation as the newspaper also reported; Sources inside the council confirm there is intense speculation among council employees about the future of the general manager.

So let's play the guessing game.....

The business paper and minutes of Clarence Valley Council’s 21 February 2017 ordinary monthly meeting contained Item 11.001/17 Mayoral Minute.

This mayor minute specifically dealt with the “General Manager’s Performance Agreement” or as characterised elsewhere in the monthly meeting minutes the “General Manager’s Performance Agreement – Proposed Variation”.

A Performance Agreement contains the agreed benchmarks used to conduct a General Manager’s Performance Review and the minutes stated words to the effect that that an agreement between council and the general manager needed to be reached on details discussed in the 21 February Item 11.001/17 closed session.

So far it seems pretty straightforward.

Either council or the general manager requested changes to the contents of the Performance Agreement ahead of a Performance Review conducted by the mayor, deputy-mayor, a councillor nominated by council and a councillor nominated by a general manager.

Because of the form in which it came before Council-in-the-Chamber, I suspect that the variation request came from the general manager.

It is noted that within days of the ordinary monthly meeting the general manager went on what appears to be unexpected leave scheduled to end on 13 March. This leave has since been publicly described as "sick leave".

Then ten days after this February monthly meeting an extraordinary meeting was held – with a council spokesperson making a point of saying that meeting process allows two or more councillors to call an extraordinary meeting.

Because of a remark made to a journalist on 3 March and reported online via video, it is unlikely that this meeting was called by more than the minimum number of councillors required.

By then the subject of the one item before Council-in-the-Chamber had changed from a specific mention of Performance Agreement to the term “General Manager’s Employment Contract” and, local media were saying that the extraordinary meeting was to decide the future of [the] Clarence Valley Council general manager.

It doesn’t take an Einstein to work out that it is likely that council and the general manager could not reach an agreement concerning either changes to the Performance Agreement, some aspect of the Performance Review or another contract issue  – and matters had quickly come to a head.

So what would happen in such a situation if the issue or issues remained unresolved?

Well the general manager could arrange to extend his paid "sick leave" indefinitely while employment matters continued to be argued. According to one local retiree with business experience this has been known to occur in management circles.

Though the simplest course of action would be for council or the general manager to terminate the employment contract before its expiry date.

Something which is allowed for in Guidelines For The Appointment & Oversight Of General Managers under section 23A of the Local Government Act 1993 (July 2011):

The general manager may terminate the contract by giving 4 weeks written notice to the governing body of council………..

A governing body of council may terminate the general manager’s contract at any time by giving the general manager 38 weeks written notice or pay the general manager a lump sum of 38 weeks remuneration in accordance with Schedule C of the Standard Contract. If there are less than 38 weeks left to run in the term of the general manager’s contract, a council can pay out the balance of the contract in lieu of notice.

Now 4 weeks written notice by the general manager would possibly see an end to his employment in April 2017 and, depending on the exact start date, 38 weeks’ notice given by council would possibly end in October 2017.

On the other hand, 38 weeks remuneration in lieu of notice for a Clarence Valley Council general manager would have to be in the vicinity of $183,000 if not more.

In the grand scheme of things neither April nor October are that far away, but I’m willing to wager that there are a number of residents and ratepayers who would be in favour of council paying out that large sum as soon as possible.

It has been five long years since the current general manager was hired and those years have been marked by varying levels of disapproval, discontent, distrust, tension and alienation within council's governing body, council's staff and the valley community - due in some measure to the management style and attitude of this general manager.

It was stated on The Clarence Forum Facebook page that immediately the closed session segment of the meeting ended Cr. Richie Williamson left the meeting. This is not yet confirmed by mainstream media reports.

BACKGROUND