THE rejection of a local firm to provide legal services to the City of Albany has highlighted a breakdown within Council in the lead up to Local Government elections.
At its August meeting, Council rejected, by four to three, accepting a tender from Hudson, Henning and Goodman for the provision of legal services for a 12-month period at $175,000.
Councils’ decision to go against a committee recommendation after progressing through a detailed tender process has been criticised by Mayor Milton Evans.
“A committee recommendation really has a lot of examination and discussion right behind it,” he said.
“While it is a recommendation, it is solid as far as scrutiny goes, and with a clear understanding of the process, and why.
“Then at the whim of one or two councillors, it can be lost. It is not a good thing.”
Mr Evans said the councillors who did not attend committees were letting down fellow councillors and ratepayers.
“They divorce themselves from committees and stand up there and argue from personal experience,” Mr Evans said. “It is really not fair to the debate.”
Only about six of the 12 councillors regularly attend committee meetings.
The Mayor said a lot of pressure had been placed on a few who were committed to their role with the City.
One councillor had been an apology from all five of one of his committee meetings this year.
The legal services contract aimed to bring together the City’s needs with an upfront rate, instead of the current piece-meal approach.
“There is a need for it (the contract), especially with their expertise in lease agreements, and so on, and that is what we have been looking at,” Mr Evans said.
“I believe as part of the contract arrangement that if there was any serious planning issue, it would automatically have gone to people with the appropriate expertise.
“All the safeguards of confidentiality would have been in place and not really be questioned.”
The City spent more than $270,000 on legal fees last financial year, distributed among four legal firms.
Local firms were involved as well as city-based legal entities, depending on the expertise required.
Legal opinions are sought for a variety of reasons, with most involving general local government processes on leases and contracts.
The City administers about 60 contracts and 200 leases.
Apart from the legal review and instigation of contracts and leases, there was also a requirement to review the issuing of infringements.
The most spent in 2008/09 was on planning issues, with development costing $44,167 for legal opinions and $56,872 spent on appeals.
Concern about the rising legal expenses was allayed by Mayor Evans as being part of the normal activities of local government.
Mr Evans said the numbers required to support the contract recommendation at the August meeting were not there when only seven councillors managed to make a quorum.
Last week, councillors attended Corruption and Crime Commission workshops during a visit by Commissioner Len Roberts-Smith and a team of specialist officers as part of its Regional Outreach Program.
“It was clearly defined what our rights and responsibilities were, even mine,” Mr Evans said.