Redland City Council Mayor Jos Mitchell has used a formal submission to Queensland Parliament to argue that mayors need clearer powers, guaranteed resources and independent legal backing to properly carry out their statutory responsibilities.
In Submission No. 028 to the Local Government, Small Business and Customer Service Committee, Mayor Mitchell broadly backed the Local Government (Empowering Councils) and Other Legislation Amendment Bill 2025, describing it as a positive step toward clarifying governance roles and strengthening integrity within local government.
However, she warned that without further legislative changes, the practical authority of mayors remained vulnerable to political obstruction and legal ambiguity.
Mayor Mitchell said the Bill rightly recognised the leadership role of the mayor, particularly through proposed changes that formally define the mayor as the official spokesperson for council matters, require mayoral involvement in senior executive appointments, and clarify when councils can make major decisions during caretaker periods in exceptional circumstances such as disaster recovery.
“These reforms provide important clarity and contingency,” the submission states, while noting they do not prevent other councillors from communicating with the community.
The submission then outlines what Mayor Mitchell describes as key deficiencies that undermine a mayor’s executive capacity under section 12(4) of the Local Government Act 2009.
Central to her concern is the mayor’s power to direct the chief executive officer.
She argues that the current limitation — where a direction cannot be “inconsistent with a resolution” — is too broadly framed and can be used by a hostile majority to restrict strategic sequencing or operational timing.
Mayor Mitchell also highlights what she calls a structural conflict of interest when legal disputes arise between a mayor and the CEO.
Under current arrangements, a mayor must rely on council legal officers who report to the CEO, leaving no entitlement to independent legal advice.
The submission further raises concerns about the vulnerability of mayoral resources, noting that councillor advisers can only be appointed with a council resolution, allowing a majority of councillors to block essential staff support.
It also argues that the mayor’s ability to hold the CEO to account is weakened by reliance on majority councillor support for disciplinary action.
To address these issues, Mayor Mitchell makes four key recommendations: clarifying the scope of mayoral directions to the CEO, legislating a right to independent legal advice at council expense, strengthening mechanisms for CEO accountability including independent performance reviews, and securing guaranteed adviser resources for mayors without requiring council approval.
The submission concludes that these changes are necessary to ensure mayors can lead councils effectively, free from political obstruction, while maintaining appropriate safeguards for integrity and accountability.
The Bill is currently under consideration by a Queensland Parliament committee.
