001 Agenda - Ordinary Meeting of Council - November 2017
NOTICE OF MEETING
8
1. ACKNOWLEDGEMENT OF COUNTRY
2. OPENING PRAYER
3. LEAVE OF ABSENCE/APOLOGIES
4. CONFLICT OF INTEREST DECLARATIONS
5. CONFIRMATION OF MINUTES aaaa • Ordinary Meeting of 17 October 2017 • Extraordinary Meeting of 14 November 2017 aaaa 6. DEPUTATIONS
7. MAYORAL MINUTE
8. STANDING COMMITTEE REPORTS
9. NOTICES OF MOTION/NOTICES OF RESCISSION
10. GENERAL MANAGER'S REPORT & SUPPLEMENTARY MATTERS
11.1 DIRECTOR CORPORATE SERVICES REPORT & SUPPLEMENTARY MATTERS
11.2 DIRECTOR ENGINEERING REPORT & SUPPLEMENTARY MATTERS
11.3 DIRECTOR PLANNING, ENVIRONMENT & ECONOMIC DEVELOPMENT REPORT & SUPPLEMENTARY MATTERS
12. QUESTIONS ON NOTICE
Page - 2 002 Agenda - Ordinary Meeting of Council - November 2017
13. CORRESPONDENCE REPORT
14. SUNDRY DELEGATES REPORTS
15. BIRTHS AND CONDOLENCES
16. CONFIDENTIAL REPORTS
Section 10A (1) of the Local Government Act 1993 (the 'Act') provides as follows:
A council or a committee of the council of which all the members are councillors, may close to the public so much of its meeting as comprises:
(a) the discussion of any of the matters listed in subclause (2), or
(b) the receipt or discussion of any of the information so listed.
In accordance with the Act and the Local Government (General) Regulation 2005, in the opinion of the General Manager, the following business is of a kind as referred to in Section 10A (2) of the Act and should be dealt with in a part of the meeting closed to the public.
DIRECTOR ENGINEERING SERVICES CONFIDENTIAL REPORT
CLAUSE 1. Moama Waste Management Facility - Account Customer
This clause relates to (d)(iii), being commercial information of a confidential nature that would, if disclosed, reveal a trade secret.
DIRECTOR PLANNING, ENVIRONMENT & ECONOMIC DEVELOPMENT
CONFIDENTIAL REPORT
CLAUSE 1. Mathoura Retirement Village
This clause relates to (d)(ii), being commercial information of a confidential nature that would, if disclosed, confer a commercial advantage on a competitor of the council.
On balance, the public interest in protecting confidential information outweighs the public interest in ensuring accountability through open meetings.
16.1 DIRECTOR ENGINEERING CONFIDENTIAL REPORT & SUPPLEMENTARY MATTERS
16.2 DIRECTOR PLANNING, ENVIRONMENT & ECONOMIC DEVELOPMENT CONFIDENTIAL REPORT & SUPPLEMENTARY MATTERS
17. NOTICE OF URGENT BUSINESS
18. CLOSE OF MEETING
Page - 3 003 Agenda - Ordinary Meeting of Council - November 2017
Agenda Items 5. CONFIRMATION OF MINUTES Extraordinary Meeting of 14 November 2017
Ordinary Meeting of 17 October 2017 9. NOTICES OF MOTION/NOTICES OF RESCISSION Notice of Motion 10. GENERAL MANAGER'S REPORT & SUPPLEMENTARY MATTERS CLAUSE 1. Council Shut Down - Christmas 2017/New Year 2018
CLAUSE 2. Draft Model Code of Conduct for Local Councils in NSW
CLAUSE 3. Murray River Council - Draft Councillor Expenses & Facilities Policy
CLAUSE 4. Recognition of Returned Service Men and Women
CLAUSE 5. Donation Request - Lions Club of Moama NSW Inc
CLAUSE 6. Local Government Professionals Regional Conference Albury CLAUSE 7. Riverina & Murray Regional Organisation of Councils Annual General Meeting and Quarterly Meeting - November 2017 CLAUSE 8. Country Mayors' Association of NSW AGM & Ordinary Meeting - November 2017 11.1 DIRECTOR CORPORATE SERVICES REPORT & SUPPLEMENTARY MATTERS CLAUSE 1. Financial Statements & Investments - 31 October 2017
CLAUSE 2. Quarterly Budget Review - 30 September 2017
CLAUSE 3. Local Health Medical Trust
CLAUSE 4. Moulamein Retirement Village - Accounting Services
CLAUSE 5. Lease Renewal - Lots 127 and 129, DP 722053 11.2 DIRECTOR ENGINEERING REPORT & SUPPLEMENTARY MATTERS CLAUSE 1. Greater Wakool Ward - Christmas Decorations
CLAUSE 2. Flood Restoration Works - Tarragon Road, Mathoura
CLAUSE 3. Construction of Jones Street, Mathoura
CLAUSE 4. Murray River Council Liquid Trade Waste Regulation Policy
CLAUSE 5. Echuca Moama Torrumbarry Flood Study Project - Terms of Reference
CLAUSE 6. Development Application 281/17 - Proposed Road Name 11.3 DIRECTOR PLANNING, ENVIRONMENT & ECONOMIC DEVELOPMENT REPORT & SUPPLEMENTARY MATTERS CLAUSE 1. Developments Approved in October 2017
CLAUSE 2. Planning Consultant
CLAUSE 3. Withdrawal of Development & Other Applications - Refund of Fees
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CLAUSE 4. Development Application 055/17
CLAUSE 5. Sponsorship Request - Isaiah Firebrace Concert & Workshops
CLAUSE 6. Sponsorship Request - Annual Christmas Spectacular Event
CLAUSE 7. Sponsorship Request - Annual Christmas Lights Competition 13. CORRESPONDENCE REPORT Correspondence Report - Part B 14. SUNDRY DELEGATES REPORTS Councillor A Crowe
Councillor AM Mathers
Councillor GW Wise
Councillor NF Cohen
Councillor NH Gorey
Councillor T Aquino
Councillor TE Weyrich
Deputy Mayor, Councillor GS Campbell
Mayor, Councillor CR Bilkey 16.1 DIRECTOR ENGINEERING CONFIDENTIAL REPORT & SUPPLEMENTARY MATTERS CLAUSE 1. Moama Waste Management Facility - Account Customer 16.2 DIRECTOR PLANNING, ENVIRONMENT & ECONOMIC DEVELOPMENT CONFIDENTIAL REPORT & SUPPLEMENTARY MATTERS CLAUSE 1. Mathoura Retirement Village
Page - 5 005 Agenda - Ordinary Meeting of Council - November 2017
Ordinary Meeting of 17 October 2017 Meeting Date: 28/11/2017
Responsible Officer: MANAGER OFFICE OF THE GENERAL MANAGER - Kerri Keogh
RECOMMENDATION::
That the minutes of the Ordinary Meeting of Murray River Council held on 17 October 2017 be confirmed as a true and correct record.
BACKGROUND::
Murray River Council held its Ordinary Meeting of the Council on Tuesday 17 October 2017, commencing at 1:00pm at the Moulamein Community Sporting Complex, Endeavour Drive, Moulamein.
A copy of the draft minutes are attached for ratification by the Council at this meeting.
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Extraordinary Meeting of 14 November 2017 Meeting Date: 28/11/2017
Responsible Officer: MANAGER OFFICE OF THE GENERAL MANAGER - Kerri Keogh
RECOMMENDATION::
That the minutes of the Extraordinary Meeting of Murray River Council held on 14 November 2017 be confirmed as a true and correct record.
BACKGROUND::
Murray River Council held an Extraordinary Meeting of the Council on Tuesday 14 November 2017, commencing at 4:10pm at the Riverside Reception Centre, 15 Murray Street, Barham.
As provided by the Local Government Act 1993, Section 10A(2), Subsection (g), the purpose of the Meeting was for the consideration of advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of professional privilege.
The meeting was closed to the public.
A copy of the draft minutes are attached for ratification by the Council at this meeting.
Page - 7 007 Agenda - Ordinary Meeting of Council - November 2017
Notice of Motion Meeting Date: 28/11/2017
Responsible Officer: ACTING GENERAL MANAGER - Des Bilske
RECOMMENDATION::
That Murray River Council write to the NSW Premier and the Minister for Local Government in the form of a show cause letter asking why this Council should not investigate the costs involved in de- amalgamating Murray River Council.
BACKGROUND::
Councillor TE Weyrich has submitted the following motion for consideration by the Council.
MOTION that Murray River Council write to the NSW Premier and the Minister for Local Government in the form of a show cause letter asking why this Council should not investigate the costs involved in de-amalgamating Murray River Council.
Discussion:
Councillor Weyrich is of the belief that the amalgamation of Wakool Shire Council and Murray Shire Council is detrimental to the communities that lie within this Council area, the tierney of distance is a major factor. To make decisions in places as far away as 250km is not a good way to manage this shire. He is also of the belief that Mathoura has suffered immensely as a result of amalgamations. Remember no forced amalgamations.
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CLAUSE 1. Council Shut Down - Christmas 2017/New Year 2018 Meeting Date: 28/11/2017
Responsible Officer: ACTING GENERAL MANAGER - Des Bilske
RECOMMENDATION::
That the arrangements for Council's shut down over the Christmas 2017/New Year 2018 period, be endorsed by the Council.
BACKGROUND::
It was the general practice of both the former Murray Shire Council and former Wakool Shire Council to close its operations (offices and depots) over the Christmas/New Year period every year. The new Murray River Council adopted this practice for the Christmas 2016/New Year 2017 period, with appropriate arrangements undertaken to cater for Council's emergency and ongoing services during the period.
DISCUSSION::
In consultation with Council's Senior Staff, arrangements have been made for Murray River Council’s Offices and Depots in Barham, Mathoura, Moama and Moulamein to close for the Christmas 2017/New Year 2018 period on Friday 22 December 2017 at close of business and reopen on Tuesday 2 January 2018 at normal business hours.
Appropriate arrangements will be made to cater for Council’s emergency and ongoing services during this period.
STRATEGIC IMPLICATIONS::
Nil.
BUDGETARY IMPLICATIONS::
Staff leave entitlements over this period are factored into Council's budget.
POLICY IMPLICATIONS::
Nil.
LEGISLATIVE IMPLICATIONS:: aaaa • Local Government (State) Award 2014 aaaa RISK ANALYSIS::
Nil.
CONCLUSION::
Arrangements have been made for Murray River Council’s Offices and Depots in Barham, Mathoura, Moama and Moulamein to close for the Christmas 2017/New Year 2018 period on Friday 22 December 2017 (at a time to be advised) and reopen on Tuesday 2 January 2018 at normal business hours.
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CLAUSE 2. Draft Model Code of Conduct for Local Councils in NSW Meeting Date: 28/11/2017
Responsible Officer: ACTING GENERAL MANAGER - Des Bilske
RECOMMENDATION:: aaaa 1. That Council consider the drafts of the Model Code of Conduct for Local Councils in NSW and the Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW. 2. That the Council make comments for inclusion in a submission in response to the drafts of the Model Code of Conduct for Local Councils in NSW and the Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW to meet the close of submissions on 4 December 2017. aaaa BACKGROUND::
As reported to the Council at the Ordinary Meeting of Council of 26 September 2017, the Phase 1 amendments made to the Local Government Act 1993 (the ‘Act’) last year will see the pecuniary interest provisions of the Act and the Local Government (General) Regulation 2005 (the ‘Regulation’) incorporated into the Model Code of Conduct for Local Councils in NSW (the ‘Model Code’).
Once commenced, these reforms will consolidate the prescription of all ethical standards for council officials into a single statutory instrument. They will also mean that breaches of pecuniary interest obligations by councillors are treated as misconduct under the Act and will be subject to the “three strikes” misconduct rules.
As part of the process of implementing the Phase 1 amendments, the Office of Local Government (OLG) has undertaken a review of the Model Code and the Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW (the 'Procedures'). In doing so, OLG has sought the views of councils and other stakeholders on the ethical standards prescribed under the Model Code, the operation of the Procedures and the current regime for disclosure of interests under section 449 of the Act.
Having considered submissions, OLG has prepared consultation drafts of the new Model Code and Procedures.
DISCUSSION::
OLG Council Circular 17-30 (23 October 2017) has advised that the OLG is seeking the views of councils and other stakeholders on the consultation drafts prior to finalising the new Model Code and Procedures.
The proposed amendments to the Model Code and Procedures are highlighted in bold type in the consultation drafts (attached). The amendments are designed to update, clarify and enhance prescribed ethical standards, to address issues identified in the four years the current versions of the Model Code and Procedures have been in force and to improve their operation. The new Model Code and Procedures will also contain new provisions that are designed to improve ethical standards, more effectively deter non-compliance and lead to improved transparency and accountability.
Submissions should be made before Monday 4 December 2017.
Once finalised, councils will be given a 6-month transitional period in which to adopt the new Model Code and Procedures and to update their systems to align with the new requirements.
STRATEGIC IMPLICATIONS::
Nil.
BUDGETARY IMPLICATIONS::
Nil.
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POLICY IMPLICATIONS::
Council will need to update its adopted Murray River Council Code of Conduct (POL100) to make provision for the changes as per the new Model Code and Procedures.
LEGISLATIVE IMPLICATIONS:: aaaa • Local Government Act 1993 • Local Government (General) Regulation 2005 aaaa RISK ANALYSIS::
Nil.
CONCLUSION::
The Phase 1 amendments made to the Act last year will see the pecuniary interest provisions of the Act and the Regulation incorporated into the Model Code of Conduct for Local Councils in NSW. The reforms will consolidate the prescription of all ethical standards for council officials into a single statutory instrument. The OLG is inviting submissions from councils and other stakeholders on the consultation drafts of the new Model Code of Conduct and Procedures.
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CLAUSE 3. Murray River Council - Draft Councillor Expenses & Facilities Policy Meeting Date: 28/11/2017
Responsible Officer: ACTING GENERAL MANAGER - Des Bilske
RECOMMENDATION:: aaaa 1. That Council adopt the Draft Murray River Council Councillor Expenses and Facilities Policy (POL103) and that same be placed on public exhibition for a period of 28 days to allow for public comment/submissions. 2. That all comments/submissions received to the Draft Murray River Council Councillor Expenses and Facilities Policy (POL) be considered, and subsequently adopted, at the next scheduled meeting of the Council following the close of the public exhibition period. aaaa BACKGROUND::
Under Section 252 of the Local Government Act 1993 (the ‘Act’), within the first 12 months of each term of a council, the council must adopt a policy concerning the payment of expenses incurred or to be incurred by, and the provision of facilities to, the mayor, the deputy mayor (if there is one) and the other councillors in relation to discharging the functions of civic office.
As reported to the Ordinary Meeting of the Council of 26 September 2017, the Murray River Council Councillor Expenses and Facilities Policy (the ‘Policy’) (POL103) was adopted at the Ordinary Meeting of Council held on Tuesday 8 August 2017. The Policy was prepared to be consistent with the Act and Local Government (General) Regulation 2005 (the ‘Regulation’) and the Office of Local Government’s Guidelines for the payment of expenses and provision of facilities to mayors and councillors in NSW.
The Policy sets out the maximum amounts Council will pay for specific expenses and facilities. Expenses not explicitly addressed in this Policy will not be paid or reimbursed.
Policy Objectives: The objectives of the Policy are to:
• Enable the reasonable and appropriate reimbursement of expenses incurred by councillors while undertaking their civic duties; • Enable facilities of a reasonable and appropriate standard are to be provided to councillors to support them in undertaking their civic duties; • Ensure accountability and transparency in reimbursement of expenses and provision of facilities to councillors; • Ensure facilities and expenses provided to councillors meet community expectations; • Support a diversity of representation; and • Fulfil Council’s statutory responsibilities.
Principles: Council commits to the following principles:
1. Proper conduct: Councillors and staff acting lawfully and honestly, exercising care and diligence in carrying out their functions; 2. Reasonable expenses: Providing for councillors to be reimbursed for expenses reasonable incurred as part of their role as a councillor; 3. Participation and access: Enabling people from diverse backgrounds, underrepresented groups, those in carer roles and those with special needs to serve as a councillor; 4. Equity: There must be equitable access to expenses and facilities for all councillors; 5. Appropriate use of resources: Providing clear direction on the appropriate use of council resources in accordance with legal requirements and community expectations; and 6. Accountability and transparency: Clearly stating and reporting on the expenses and facilities provided to councillors.
Reporting:
• Council will report on the provision of expenses and facilities to councillors, as required in the Act and Regulations.
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• Detailed reports on the provision of expenses and facilities to councillors will be publicly tabled at a Council meeting every six (6) months and published in full on Council’s website. These reports will include expenditure summarised by an individual councillors and as a total for all councillors.
Auditing:
The operation of the Policy, including claims made under the Policy, will be included in Council’s audit program and an audit undertaken at least every two (2) years.
DISCUSSION::
Council is required to adopt a Councillor Expenses and Facilities Policy. The policy enables the reasonable and appropriate reimbursement of expenses and provision of facilities to councillors to help them undertake their civic duties. It ensures accountability and transparency, and seeks to align councillor expenses and facilities with community expectations. Councillors must not obtain private or political benefit from any expense or facility provided under the policy.
Council will recall that at the Ordinary Meeting of Council of 26 September 2017, it resolved as follows:
RESOLVED (Crs Weyrich/Mathers):
1. That the Council note the current Murray River Council Councillor Expenses and Facilities Policy, but reserve debate on the Policy until a later date.
2. That Councillors identify any areas in the Murray River Council Councillor Expenses and Facilities Policy for amendment, if required, to be considered as a draft Policy prior to formal adoption by the Council.
A copy of the Policy, in draft, is attached.
STRATEGIC IMPLICATIONS::
Nil.
BUDGETARY IMPLICATIONS::
The cost of Councillor expenses and facilities are factored into Council's budget.
POLICY IMPLICATIONS:: aaaa • Murray River Council Councillor Expenses and Facilities Policy (POL103) aaaa LEGISLATIVE IMPLICATIONS:: aaaa • Section 252 of the Local Government Act 1993 • Local Government (General) Regulation 2005 aaaa RISK ANALYSIS:: aaaa • Suspected breaches of the Policy are to be reported to the General Manager. • Alleged breaches of the Policy shall be dealt with by following the processes outlined for breaches of the Code of Conduct, as detailed in the Code and in the Procedures of the Administration of the Code. aaaa CONCLUSION::
Council is required to adopt a Councillor Expenses and Facilities Policy. The policy enables the reasonable and appropriate reimbursement of expenses and provision of facilities to councillors to help them undertake their civic duties. It ensures accountability and transparency, and seeks to align councillor expenses and facilities with community expectations. Council’s adopted Policy sets out the maximum amounts Council will pay for specific expenses and facilities. Expenses not explicitly
Page - 13 013 Agenda - Ordinary Meeting of Council - November 2017 addressed in the Policy will not be paid or reimbursed.
Page - 14 014 Agenda - Ordinary Meeting of Council - November 2017
CLAUSE 4. Recognition of Returned Service Men and Women Meeting Date: 28/11/2017
Responsible Officer: ACTING GENERAL MANAGER - Des Bilske
RECOMMENDATION:: aaaa 1. That Council note the proposal from Mr Neil Thomas for veteran registration plates and a scheme to provide free parking to veterans across each municipality in Australia. 2. That Council provide Mr Thomas with a letter of 'in-principle' support to allow further advocacy to occur for this initiative. 3. That a further report be presented to Council if and when the proposal gains Government support. The report should provide a recommendation based on the feasibility, agreed operational guidelines, industry support and financial implications of such a scheme. aaaa BACKGROUND::
Council has been approached by Mr Neil Thomas, through Councillor Gorey, with a proposal to recognise returned service men and women.
DISCUSSION::
Mr Thomas is campaigning for a national system of vehicle registration plates where returned service men and women can apply for a 'veteran' plate. Mr Thomas further seeks to have each municipality across Australia provide free parking for all cars with veteran registration plates.
Mr Thomas will be speaking with and writing to various State and Federal politicians in support of his campaign and seeks an in-principle agreement from Council to provide free parking to veterans should the proposed registration plates be implemented.
The concept is only in its infancy and will require broad industry and Government support before it can proceed to being considered for implementation.
STRATEGIC IMPLICATIONS::
Without any financial or operational details about the proposal, Council will be unable to provide anything greater than "in-principle' support for the concept, at this stage.
BUDGETARY IMPLICATIONS::
Without any financial details about the proposal, budget implications (if any) are yet to be investigated.
POLICY IMPLICATIONS::
Nil.
LEGISLATIVE IMPLICATIONS::
Nil.
RISK ANALYSIS::
Could create a precedent for other groups within the community to lobby for free parking (or similar).
CONCLUSION::
Mr Thomas is campaigning for a national system of vehicle registration plates where returned service men and women can apply for a 'veteran' plate. Mr Thomas further seeks to have each municipality across Australia provide free parking for all cars with veteran registration plates. The concept is only in its infancy but has merit in its support and recognition of our Veterans. It must be noted that once broad
Page - 15 015 Agenda - Ordinary Meeting of Council - November 2017 industry and Government support is received, Council can reassess its commitment to the concept and decide whether it wishes to proceed or not.
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CLAUSE 5. Donation Request - Lions Club of Moama NSW Inc Meeting Date: 28/11/2017
Responsible Officer: ACTING GENERAL MANAGER - Des Bilske
RECOMMENDATION::
That Council offers a $500 donation to the Lions Club of Moama NSW Inc. to assist in holding Carols by Candlelight on Sunday 17 December 2017 at the Kerrabee Soundshell, Moama.
BACKGROUND::
The Lions Club of Moama NSW Inc are holding the 2017 Carols by Candlelight on Sunday 17 December at the Kerrabee Soundshell (the 'Soundshell') in Moama. This is the Club's major community event and an important one for local residents and tourists alike.
DISCUSSION::
Council has received a request (in the form of the applicable Donation Application Form) from the Lions Club of Moama NSW Inc to make a $500 donation towards this year’s Carols by Candlelight.
The Lions Club has held Carols by Candlelight at the Soundshell for many years with the assistance of members and volunteer performers. The hire of the Soundshell comes at no cost to the Club, due to it being a not-for-profit organisation, and Council ensures that the surrounds of the Soundshell are neatly presented on the night. The 2016 Carols were very successful with the biggest crowd to date.
Council has provided financial assistance to this event for the last three years. It should be noted that at the Ordinary Meeting of the former Murray Shire Council on 21 January 2014, Council resolved to support the Lions Club of Moama NSW Inc. to stage future Carols by Candlelight events in Moama.
If Council is able to assist in this donation, Council will be acknowledged in the Carols Program.
STRATEGIC IMPLICATIONS::
Nil.
BUDGETARY IMPLICATIONS::
There is an allocation in the Council's budget for donations to the community.
POLICY IMPLICATIONS:: aaaa • Murray Shire Council Community Donations & Sponsorship Policy (POL122) aaaa LEGISLATIVE IMPLICATIONS::
Nil.
RISK ANALYSIS::
Nil.
CONCLUSION::
The Lions Club of Moama NSW Inc are holding the 2017 Carols by Candlelight on Sunday 17 December at the Kerrabee Soundshell in Moama. Council has received a request from the Lions Club to make a $500 donation towards the event. The Lions Club has held Carols by Candlelight at the Soundshell for many years with the assistance of members and volunteer performers and Council has provided financial assistance to this event for the last three years.
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CLAUSE 6. Local Government Professionals Regional Conference Albury Meeting Date: 28/11/2017
Responsible Officer: ACTING GENERAL MANAGER - Des Bilske
RECOMMENDATION::
That Council note and receive the report from the Acting General Manager on the Local Government Professionals Regional Conference held at Albury on 18 and 19 October 2017.
BACKGROUND::
The NSW Local Government Professionals is an Association created for management and professional officers across all of the NSW Local Government sector to ensure they have representation on new and emerging matters in the industry and to help with ongoing professional development.
As part of the ongoing professional development the LG Professionals run regional conferences to give staff within the more remote areas of NSW the opportunity to attend and keep up to date with upcoming developments.
DISCUSSION::
The Local Government Professionals Regional Conference at Albury had a very full agenda which included the following items:
Data Driven Workforce Planning: A presentation on the Australian Local Government Performance Excellence Program which has been developed by Price Waterhouse Cooper (PWC) in conjunction with LG Pro NSW. While the name is slightly misleading as it does not indicate a path to performance excellence, the program does provide a tool for measurement of trends in many indicators and allows for comparison of this performance against other similar organisations.
Managing Generation Y: A general discussion on how other councils and organisations are managing the Generation Y people including the actions taken for attraction and retention strategies. This item then led to discussion on succession planning and how to make the industry attractive to people in the job market.
Visit to MAMA: The visit to the Murray Arts and Museum Albury was a good opportunity to see how a council has successfully leveraged from community and industry contributions towards an Arts Precinct and collection. The museum/gallery in Albury is excellent both in content and layout and is proving very successful in attracting exhibitions from other areas in Australia and overseas.
Strengthening the Local Government Sector: A presentation from the acting CEO of the Office of Local Government Mr Tim Hurst who discussed the actions in amending the Local Government Act and Regulations, the changes to the internal structure of the OLG to try to be more responsive and accessible to the councils and the action to introduce the Joint Organisation framework within local government.
Office of Environment and Heritage Sector Update: An update of matters for consideration as part of the Biodiversity Conservation Act and amendments to the Loc Land Services Act. It also discussed the Waste Less, Recycle More regional funding opportunities and initiatives aroun the NSW Container Deposit Scheme which is to be introduced from 1 December 2017.
Rethinking Employee Engagement: A presentation from Queanbeyan-Palerang Council on how they have focussed upon employee engagement following Fit for the Future actions. The highlight was that they are taking engagement as a continuous and holistic approach of their total business strategy aiming to have people who love where they work and consequently will treat customers better, be more innovative and will work on continuously improving the business.
Regional Development Framework: A presentation by Margaret O'Dwyer, Region Director Riverina- Murray of the Office of Regional Development within the Department of Premier and Cabinet. Margaret discussed how this framework could support growth within the sector and assist in attracting and
Page - 18 018 Agenda - Ordinary Meeting of Council - November 2017 retaining people in employment in the areas.
Legal Roundup: Stan Kondilios, Partner of Hall & Willcox gave an update of the outcomes of recent court proceedings and the possible implications for Councils.
STRATEGIC IMPLICATIONS::
The continuing development of the professional officers and managers is enhanced by attendance and participation in the Local Government Professionals regional, state and national conferences.
BUDGETARY IMPLICATIONS::
Attendance at professional development events is included within the total organisational training budget in the Annual Operational Plan 2017-2018
POLICY IMPLICATIONS::
There are no direct policy implications of this report.
LEGISLATIVE IMPLICATIONS::
There are no direct legislative implications of this report.
RISK ANALYSIS::
There is a risk that professional staff and managers may not be educated and skilled enough to identify and manage emerging issues in local government if they do not attend forums similar to the LG Professionals regional conferences.
CONCLUSION::
Attendance at the Local Government Professionals Regional Conference at Albury from 18 to 19 October 2017 has helped highlight several areas for future consideration of Council.
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CLAUSE 7. Riverina & Murray Regional Organisation of Councils Annual General Meeting and Quarterly Meeting - November 2017 Meeting Date: 28/11/2017
Responsible Officer: ACTING GENERAL MANAGER - Des Bilske
RECOMMENDATION:: aaaa 1. That the Council note and receive the report of the Acting General Manager of attendance at the Riverina and Murray Regional Organisation of Councils (RAMROC) Annual General Meeting and Quarterly Meeting on 8 November 2017. 2. That the Council determine the date for a workshop to deal with the matter of Joint Organisations and Council's preferences for structural and geographical arrangements. aaaa BACKGROUND::
Murray River Council is an active member of the Riverina and Murray Regional Organisation of Councils (RAMROC) which includes all councils from Albury in the east to Leeton and Carrathool in the north and Wentworth in the west. RAMROC continues to address issues that are regional in nature and to advocate on behalf of the councils within the group on many state issues.
DISCUSSION::
The Annual General Meeting of RAMROC (minutes attached) had Cr Kevin Mack, Mayor of Albury City Council elected unopposed as Chair and Cr John Dalbroi of Griffith City Council as Deputy Chair. The General Manager of Murray River Council continues to hold the position of Honorary Secretary and Treasurer of the organisation. The financial position of RAMROC is relatively sound, therefore there was no increase in membership fees.
The general meeting (minutes attached) addressed a number of issues and the most relevant were those associated with an address from the Cross-Border Commissioner who spoke on what is happening in regard to many of the issues already on his list, but he also gave everyone a process for reporting other issues so these may also be investigated on magnitude and impact (presentation attached).
The issue of Joint Organisations (JO) was raised and this will be a subject of a special meeting of RAMROC, to be held in early December, as the agreed direction may need to be determined by February 2018.
STRATEGIC IMPLICATIONS::
Nil.
BUDGETARY IMPLICATIONS::
Attendance at RAMROC meetings are covered as a budget item in the Operational Plan 2017/18.
POLICY IMPLICATIONS::
Nil.
LEGISLATIVE IMPLICATIONS::
Nil.
RISK ANALYSIS::
Not required for this report.
CONCLUSION::
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Council's continued involvement with RAMROC, as we approach the introduction of Joint Organisations, is imperative as the Council needs to ensure that the final structure and arrangements is going to suit the long term needs of Murray River Council and the immediate region.
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CLAUSE 8. Country Mayors' Association of NSW AGM & Ordinary Meeting - November 2017 Meeting Date: 28/11/2017
Responsible Officer: ACTING GENERAL MANAGER - Des Bilske
RECOMMENDATION::
That the Council note and receive the report from the Acting General Manager on the Country Mayors' Association of NSW Annual General Meeting and Ordinary Meeting for November 2017.
BACKGROUND::
Murray River Council is a member of the Country Mayors' Association of NSW and attends the quarterly meetings to be included in consideration of pertinent items on matters impacting on rural and regional councils.
DISCUSSION::
Council has been an active member of the Country Mayors' Association and has continued to participate in the quarterly meetings. The November meeting was also an Annual General Meeting where the executive was elected with Mayor Katrina Humphries of Moree Plains Shire Council elected unopposed as the Chair of the Association for the coming 12 months.
The November Ordinary Meeting had a number of very good speakers including the Deputy Premier John Barilaro, Minister for Roads Melinda Pavey, Auditor General Margaret Crawford and the Commissioner for Emergency Services.
The meeting had an announcement on the introduction of the draft Bill on Joint Organisations, the release of Regional Freight and Port Strategies. It was also advised of the impending release of the Regional Transport Strategy.
The Auditor General advised how they would be reviewing the 'how' of processes of financial and governance recording in local councils rather than necessarily looking at what is recorded. The Auditor General is also to be funded by the Office of Local Government for the review of three special projects within local government each year. This will be general issues in the first instance but may extend to individual councils in the future.
STRATEGIC IMPLICATIONS::
There are no strategic implications of this report.
BUDGETARY IMPLICATIONS::
Attendance at the Country Mayors' Association Meetings is covered by the budget item for conferences in the Operational Plan 2017/18.
POLICY IMPLICATIONS::
There are no Policy implications of this report.
LEGISLATIVE IMPLICATIONS::
There are no legislative implications of this report.
RISK ANALYSIS::
Not required for this report.
CONCLUSION::
Page - 22 022 Agenda - Ordinary Meeting of Council - November 2017
Attendance at the Country Mayors' Association Annual General Meeting and the Ordinary Meeting in November has provided Council with an early warning of the pending release of a number of regional strategy documents associated with local government, transport and freight.
Council will need to consider these reports in detail and provide comments relevant to the impacts on our region. The Auditor General has also provided information on what will be the targets of future audits of local councils.
Page - 23 023 Agenda - Ordinary Meeting of Council - November 2017
CLAUSE 1. Financial Statements & Investments - 31 October 2017 Meeting Date: 28/11/2017
Responsible Officer: MANAGER FINANCE - Anwarul Abedin
RECOMMENDATION:: aaaa 1. That the report detailing Council’s cashbook balance of $55,327,900.12 as at 31 October 2017 is received by the Council. 2. That the report detailing Council’s investment balance of $53,581,552.00 as at 31 October 2017 is received by the Council. aaaa BACKGROUND::
The purpose of this report is to update the Council on Council's Cash Position and Investment of the surplus funds, as required in the regulation No 264 (Part 19) of the Local Government Act 1993.
DISCUSSION::
Refer to the attached document.
STRATEGIC IMPLICATIONS::
Nil.
BUDGETARY IMPLICATIONS::
The current low interest rate may reduce the expected interest revenue for Council.
POLICY IMPLICATIONS::
Investments have been made in accordance with the Murray River Council Investment Policy, as adopted by Council on 17 October 2017.
LEGISLATIVE IMPLICATIONS:: aaaa • Local Government Act 1993, Section 625 • Local Government (General) Regulation 2005, Regulation 212 aaaa RISK ANALYSIS::
Under Council’s Investment Policy, investments are made with a range of banks, with Council’s fund invested with single institution has not gone above the maximum amount specified in the Policy.
CONCLUSION::
Murray River Council's liquidity is in a satisfactory position at this point in time.
Page - 24 024 Agenda - Ordinary Meeting of Council - November 2017
CLAUSE 2. Quarterly Budget Review - 30 September 2017 Meeting Date: 28/11/2017
Responsible Officer: MANAGER FINANCE - Anwarul Abedin
RECOMMENDATION::
That the budget variations as detailed within the Quarterly Budget Review to 30 September 2017 and any subsequent changes made to the votes be included in Council’s estimates of income and expenditure for 2017/2018.
BACKGROUND::
Clause 203 of the Local Government (General) Regulation 2005 (the 'Regulation') requires a council’s responsible accounting officer to prepare and submit a Quarterly Budget Review (QBR) statement to the governing body of council.
The QBR statement must show, by reference to the estimated income and expenditure that is set out in the operational plan adopted by council for the relevant year, a revised estimate of income and expenditure for that year. It also requires the QBR statement to include a report by the responsible accounting officer as to whether or not they consider the statement indicates council to be in a satisfactory financial position (with regard to its original budget) and if not, to include recommendations for remedial action.
Legislative requirements, together with the implementation of a formal reporting mechanism, will ensure that councils have a robust and transparent budget reporting framework.
DISCUSSION::
Refer to the attached document.
STRATEGIC IMPLICATIONS::
Nil.
BUDGETARY IMPLICATIONS::
The majority of the additional expenditure identified will be funded through the merger transition fund and the rest will be funded through Council’s existing working capital.
POLICY IMPLICATIONS::
Nil.
LEGISLATIVE IMPLICATIONS:: aaaa • Local Government (General) Regulation 2005, Clause 203 aaaa RISK ANALYSIS::
Nil.
CONCLUSION::
Murray River Council's budget is satisfactory at the end of the September 2017 quarter.
Page - 25 025 Agenda - Ordinary Meeting of Council - November 2017
CLAUSE 3. Local Health Medical Trust Meeting Date: 28/11/2017
Responsible Officer: DIRECTOR CORPORATE SERVICES - Lesley Palmer
RECOMMENDATION::
That Council decline the request to provide a $120,000 interest free loan to the Local Health Medical Trust (Barham) for the renovation and extension of a suite in the Mellool Arcade, Barham.
BACKGROUND::
Council received correspondence on 16 October 2017 from the Local Health Medical Trust (LHMT), a not-for-profit entity, who is the Trustee for the Barham and District Medical Centre, requesting an additional interest-free loan from Council. See letter attached. This loan, which would be the fourth loan made to LHMT, will provide additional support to set up a Dental Service in Barham.
LHMT purchased an additional suite in the Mellool Arcade in Barham with the finance received through Council's Stronger Communities Fund, Community Assistance Grant. LHMT is requesting provisional approval from Council for an additional loan of $120,000 to undertake works to the suite, which will then be leased to a dental business. An additional $40,000 will be contributed from other sources to make up the approximately $160,000 needed to complete all the work in the suite.
With rent from the medical clinic, fund raising and donations, LHMT has recorded cash surpluses of $54,000 (2017) and $132,000 (2016) providing funds to repay Council. Previous loans made to LHMT include:
• Medical Loan No. 1 06-06-11: $51,000 • Medical Loan No. 2 27-01-14: $80,000
Repayment as at 30-06-15: ($41,000)
Balance: $90,000
• Medical Loan No. 3 04-08-15: $130,000
Repayment 2016 & 2017: ($ 44,000)
Consolidated loan balance: $176,000
Based on the current loan agreement with Council, LHMT pay a yearly instalment of $22,000 in May. On this schedule, LHMT will repay the remaining balance of $176,000 by 2025.
DISCUSSION::
Every year, Council is losing interest on the loan amount to LHMT, as this an interest-free loan and it is recognised as an expense in the Council's financial statement.
Under the former Wakool Shire Council Donations, Rates & Charges Assistance Policy, citing Section 356 of the Local Government Act 1993 (the 'Act'), identified which organisations, events and individuals the Council offered financial assistance to by way of gift, donation, exemption, scholarship and/or fees and charges. Financial assistance was defined as being cash, low interest or interest-free loans, goods or services including rates and charges, reductions or waivers. Applications were considered on merit, taking into account circumstances in each case, the availability of funds in Council's budget, the Policy and the Act.
The Murray River Council Donations, Rates & Charges Assistance Program adopted by Council on 15 November 2016 provides for:
• Donations to schools by name; annual events by name; Swimming Pools by name; Counselling Services by name; Scholarships by name; and Other Assistance to named events.
Page - 26 026 Agenda - Ordinary Meeting of Council - November 2017
• Rates and Charges Assistance to listed groups and entities. • Facilities and Services to listed addresses.
There is no provision for loans of any kind.
Section 356 of the Act provides information on financial assistance that can be provided by council.
356 Can a council financially assist others?
(1) A council may, in accordance with a resolution of the council, contribute money or otherwise grant financial assistance to persons for the purpose of exercising its functions.
(2) A proposed recipient who acts for private gain is not ineligible to be granted financial assistance but must not receive any benefit under this section until at least 28 days' public notice of the council's proposal to pass the necessary resolution has been given.
(3) However, public notice is not required if:
(a) the financial assistance is part of a specific program, and
(b) the program's details have been included in the council's draft operational plan for the year in which the financial assistance is proposed to be given, and
(c) the program's proposed budget for that year does not exceed 5 per cent of the council's proposed income from the ordinary rates levied for that year, and
(d) the program applies uniformly to all persons within the council's area or to a significant group of persons within the area.
(4) Public notice is also not required if the financial assistance is part of a program of graffiti removal work.
The proposal from LHMT is from a not-for-profit entity, however the money will be provided for the operation of a private gain business. However, it could be argued that it fails to satisfy item (d) uniformly applying to all persons in the council’s area or to a significant group of persons in the area.
There is no information on what, if any, amount of money is being contributed by the Deniliquin dental practice that is setting up service provision in Barham.
None of the documents above specify any limitation on the number of loans or total amount of money that can be provided to a single entity on an interest-free loan arrangement other than the annual budget does not exceed 5% of the council’s proposed income from ordinary rates levied in that year.
Interest that is forgone is a cost to Council and to the other communities in the area as funds not available for other activities.
Council has already provided funds to the dental program through the Stronger Communities funding that was used to purchase the additional suite in the Mellool Arcade.
STRATEGIC IMPLICATIONS::
A fourth interest-free loan to a single entity in Barham could be construed as too much investment to one entity to support profit making business operations. Council could receive requests for interest-free loans from other Council areas that it would be unable to service.
BUDGETARY IMPLICATIONS::
There is no budget allocation for $120,000 in order to provide this interest-free loan. Revenue would have to be identified either by using invested funds and foregoing more interest or by reducing a budget line to re-allocate existing budget funds to the new loan.
POLICY IMPLICATIONS::
Page - 27 027 Agenda - Ordinary Meeting of Council - November 2017
It is noted as timely to develop a Murray River Council Community Grants Policy to allow for organisations that are not listed in the current Donations, Rates & Charges Policy to be able to place requests to Council for project support following an advertisement process, with limits set on the number of years an organisation can receive funding, reporting on delivery of the project and acquittal of the funds within a specified time period. The policy could include funding provided to S355 Committees of the Council to ensure allocated funds are used for community benefit in a timely and accountable manner.
LEGISLATIVE IMPLICATIONS:: aaaa • Local Government Act 1993, Section 356 aaaa RISK ANALYSIS::
There is a risk that the work to renovate and extend the suite for the dental clinic will not be able to be completed without Council funds.
There is a risk that if Council approves a fourth interest free loan to LHMT that other community organisations will seek similar arrangements, of which Council will be unable to service.
There is a reputational risk that Council is by a third party supporting an organisation operating a business for gain in a manner that circumvents the Local Government Act 1993 s356.
CONCLUSION::
That the basis for making interest-free loans undertaken by the former Wakool Shire Council no longer forms part of the Murray River Council Donations, Rates & Charges Assistance Program Policy and a substantial amount of money has already been provided to the LHMT for the development of medical and dental services in Barham.
Page - 28 028 Agenda - Ordinary Meeting of Council - November 2017
CLAUSE 4. Moulamein Retirement Village - Accounting Services Meeting Date: 28/11/2017
Responsible Officer: DIRECTOR CORPORATE SERVICES - Lesley Palmer
RECOMMENDATION::
That Council agrees to cease provision of accounting services to the Moulamein Retirement Village within 3 months of the date of written notification of the decision, including handover to an accountant or accounting firm.
BACKGROUND::
Council provides full accounting services to the Moulamein Retirement Village (MRV) under a legacy arrangement from the former Wakool Shire Council.
The MRV pays Council $5,000 per year to provide this service, which includes accounts payable, accounts receivable, payroll services for staff (~33 individuals), progress reports and provision of documents to the MRV auditors, and Annual Statements and audit services. These services are provided by portions of time from at least five staff in Council's Finance Department. Overtime was incurred in completing the 2016/17 Annual Statements for the MRV.
For the 2016/17 end of year accounting, work needed to be undertaken to complete Council's end of year accounts was impacted by the commitment to deliver the MRV end of year accounts.
DISCUSSION::
The amount of time and effort provided by Council to the MRV over a number of years far exceeds the remuneration paid to Council for the accounting services it provides to the organisation.
Council does not provide accounting services to any other community organisation in the Council area.
Council does provide accounting work for the Riverina and Murray Regional Organisation of Councils (RAMROC), however the amount of money paid for this work covers salary payments equivalent to more than 0.5 FTE.
With sufficient notice, the MRV should secure the services of an accountant or accounting firm to manage their accounts and payroll work in the future.
STRATEGIC IMPLICATIONS::
Nil.
BUDGETARY IMPLICATIONS::
Substantial saving in staff time.
POLICY IMPLICATIONS::
Nil.
LEGISLATIVE IMPLICATIONS::
Nil.
RISK ANALYSIS::
Nil risk identified to Council.
Reduction in risk to staff through working excessive hours at end of financial year to complete accounting requirements of the MRV.
Page - 29 029 Agenda - Ordinary Meeting of Council - November 2017
CONCLUSION::
The Moulamein Retirement Village should be given notice that Murray River Council can no longer provide accounting services to the organisation and they should seek an accountant or accounting firm to take over this work from Council, including hand over within a 3 month period.
Page - 30 030 Agenda - Ordinary Meeting of Council - November 2017
CLAUSE 5. Lease Renewal - Lots 127 and 129, DP 722053 Meeting Date: 28/11/2017
Responsible Officer: DIRECTOR CORPORATE SERVICES - Lesley Palmer
RECOMMENDATION::
That the Council approve a lease renewal to the tenant, as named in the report, for the Council-owned property of Lots 127 and 129, DP 722053, Corner of Paterson and Tallow Streets, Moulamein, from 1 December 2017 to 31 May 2018 for stock grazing only.
BACKGROUND::
The tenant of the Council-owned property of Lots 127 and 129, DP 722053 on the corner of Paterson and Tallow Streets in Moulamein, Alesha Buckley, has a six (6) month lease with Council that is due for renewal at the end of November for the period 1 December 2017 to 31 May 2018.
The lease fee is $20 per week for the purpose of grazing stock only, with the tenant required to maintain fences and stocking rates, as listed by the Department of Primary Industries. A charge for filtered water for stock drinking water is also included in the lease.
DISCUSSION::
A short-term lease extension for Council-owned vacant land in Moulamein.
STRATEGIC IMPLICATIONS::
Nil.
BUDGETARY IMPLICATIONS::
Nil, existing revenue.
POLICY IMPLICATIONS::
Nil.
LEGISLATIVE IMPLICATIONS::
Nil.
RISK ANALYSIS::
Fencing, water and stocking rates are all covered by the lease agreement. The tenant is required to maintain specified insurance, with Council listed as an interested party.
CONCLUSION::
The renewal of the lease for the Council-owned property at Lots 127 and 129, DP 722053, Corner of Paterson and Tallow Streets, Moulamein, from 1 December 2017 to 31 May 2018 is supported.
Page - 31 031 Agenda - Ordinary Meeting of Council - November 2017
CLAUSE 1. Greater Wakool Ward - Christmas Decorations Meeting Date: 28/11/2017
Responsible Officer: DIRECTOR ENGINEERING - Johan Louw
RECOMMENDATION::
That Council approves an additional $9,000 to install Christmas decorations on 54 power poles owned by Essential Energy located in the Greater Wakool Ward, being at Barham, Moulamein, Tooleybuc, Wakool, Murray Downs and Goodnight.
BACKGROUND::
The former Wakool Shire Council approved $5,000 annually to install Christmas decorations on 54 power poles owned by Essential Energy at Barham, Moulamein, Tooleybuc, Wakool, Murray Downs and Goodnight.
DISCUSSION::
In July 2014, Essential Energy released an Operational Procedure – Essential Energy Equipment: Painting or Installation of Private Attachments (28 July 2014). The Operational Procedure specifies the requirements and conditions for approval to install private attachments on Essential Energy poles and street lighting columns.
In accordance with the Operational Procedure:
1. a Level 3 Accredited Service Provider design of the proposed attachments is required for Essential Energy approval; and 2. only an appropriate Accredited Service Provider can carry out installation of private attachments.
In the past, the former Wakool Shire Council appointed a contractor that is not an Accredited Service Provider to install the Christmas decorations. However, Essential Energy advised following approval in 2016 that the Council will now be required to adhere to the requirements of the Operational Procedure.
Council has appointed an appropriate Accredited Service Provider to undertake the Level 3 design of the proposed Christmas decorations.
STRATEGIC IMPLICATIONS::
Nil.
BUDGETARY IMPLICATIONS::
An amount of $5,000 is allocated in the 2017/18 budget for the installation of Christmas decorations on 54 Essential Energy owned poles located in the Greater Wakool Ward, being at Barham, Moulamein, Tooleybuc, Wakool, Murray Downs and Goodnight.
The cost to install the Christmas decorations has increased significantly as a result of the imposed Essential Energy requirements, ie:
• Level 3 Accredited Service Provider design - $3,168 • Pole information from Essential Energy - $1,000* • Installation of Christmas decoration by an Accredited Service Provider - $9,600 • TOTAL - $13,768
*Essential Energy advised that they are unable to provide a firm cost estimate.
POLICY IMPLICATIONS::
Nil.
Page - 32 032 Agenda - Ordinary Meeting of Council - November 2017
LEGISLATIVE IMPLICATIONS::
Nil.
RISK ANALYSIS::
The display of Christmas decorations at Barham, Moulamein, Tooleybuc, Wakool, Murray Downs and Goodnight have been part of the Christmas experience for local residents and visitors for many years. The reputational risk for Council will be significant, should it decide not to proceed with the installation of Christmas decorations within the Greater Wakool Ward.
CONCLUSION::
As a result of Essential Energy’s requirements for a Level 3 Accredited Service Provider design of the proposed Christmas decorations attachments and installation by an appropriate Accredited Service Provider, the cost to display Christmas decorations in the Greater Wakool Ward has increased from $5,000 to approximately $14,000. The display of Christmas decorations at Barham, Moulamein, Tooleybuc, Wakool, Murray Downs and Goodnight have been part of the Christmas experience for local residents and visitors for may years, hence, it is recommended that Council approves a further $9,000 to allow for the installation of Christmas decorations at Barham, Moulamein, Tooleybuc, Wakool, Murray Downs and Goodnight.
Page - 33 033 Agenda - Ordinary Meeting of Council - November 2017
CLAUSE 2. Flood Restoration Works - Tarragon Road, Mathoura Meeting Date: 28/11/2017
Responsible Officer:
RECOMMENDATION::
That the Council approves of the reallocation of $13,600 saved from the construction of Tataila Road, Moama (0.6km to 1.20km) to complete construction of the flood restoration works of Tarragon Road, Mathoura.
BACKGROUND::
Tarragon Road, Mathoura, is an 8.0m wide sealed road leading to a number of private properties and the Tarragon Lodge Caravan Park. A section (50m) of Tarragon Road had to be lowered during the floods of October 2016 due to a breach on the bank of the Murray River. The road was temporary restored by means of a single lane using rock spalls and finer material on top to let water still flow across. The road carries about 560 vehicles per day during the December holiday period. See map attached.
DISCUSSION::
The work on Tarragon Road can be completed before the December holiday season using hired plant and equipment. The cost of wages and Council’s own plant can be funded from savings on the construction of Tataila Road, Moama (0.6km to 1.20km).
The proposed work is for a bitumen causeway and will include the removal of the temporary access road, excavation to design level, preparation of Sub-grade, carting in Sub-Base and Base material, stabilize and seal. Other options considered include the installation of culverts, but it will be too costly compared to the construction of a causeway.
STRATEGIC IMPLICATIONS::
Council's Operational Plan 2017/18 - Strategic Theme 1: Built/Physical Environment, which is planned, connected, safe and supports our industries, businesses and community.
• Strategy: Maintenance and construction of urban street and rural road network. • Activity: Provide a road network appropriate to community needs. aaaa BUDGETARY IMPLICATIONS::
The estimated cost to complete the remaining flood restoration works of Tarragon Road, Mathoura, is $43,000. Council received $29,400 under the Natural Disaster Relief and Disaster Arrangements. The project can be completed by using savings from the construction of Tataila Road, Moama (0.6km to 1.20km).
POLICY IMPLICATIONS::
Nil.
LEGISLATIVE IMPLICATIONS::
The Natural Disaster Relief and Recovery Arrangements Determination 2012 applies to eligible disasters that occurred on or after 29 October 2015 and up to and or on 30 June 2017. Under the Natural Disaster Relief and Recovery Arrangements, flood restoration works undertaken by Council are required to be put out to tender. However, Council can claim for hired plant and material, including bitumen seal work by contractors.
RISK ANALYSIS::
Page - 34 034 Agenda - Ordinary Meeting of Council - November 2017
The temporary road is in good condition and is maintained regularly. Further signage will be installed to ensure safe driving conditions. There is a clear sight distance from both ends and enough room for cars to wait either side. The speed limit is restricted to 60km/h and more guide posts will be installed to guide cars through the single lane section.
CONCLUSION::
Should the Council support the reallocation of funding, the project to complete construction of the flood restoration works on Tarragon Road, Mathoura, can be completed before the December holiday period.
Page - 35 035 Agenda - Ordinary Meeting of Council - November 2017
CLAUSE 3. Construction of Jones Street, Mathoura Meeting Date: 28/11/2017
Responsible Officer: MANAGER ENGINEERING OPERATIONS - Frederik Groenewald
RECOMMENDATION:: aaaa 1. That the Council approves of the reallocation of $32,500 in the 2017/18 budget for the construction of Gray Street to construct Jones Street from Conargo Street to Burnes Street, Mathoura. 2. That Council defers the construction of Gray Street, Mathoura, for consideration in a future budget of Council. aaaa BACKGROUND::
Jones Street (West) from Conargo Street to Burnes Street (250m), Mathoura, is currently an unsealed road. The last traffic count was undertaken in 2013 which showed that the road carried 90 vehicles per day, of which 16 were heavy vehicles. Maintenance on the road is undertaken regularly due to the volume of vehicles. Council has received several complaints regarding the road’s unsealed condition.
Gray Street, Mathoura, is currently an unformed road with less than 10 vehicles using this road daily. All residents adjacent to Gray Street have access to a sealed road.
See map attached.
DISCUSSION::
An amount of $32,500 is allocated in the 2017/18 budget for the construction of Gray Street, Mathoura (270m). The construction of Jones Street (West), Mathoura, has a higher priority than Gray Street due to the current traffic volumes on the road. The estimated costs to construct Jones Street, from Conargo Street to Burnes Street, is similar to the amount budgeted for the construction of Gray Street.
STRATEGIC IMPLICATIONS::
Council's Operational Plan 2017/18 - Strategic Theme 1: Built/Physical Environment, which is planned, connected, safe and supports our industries, businesses and community.
• Strategy: Maintenance and construction of urban street and rural road network. • Activity: Provide a road network appropriate to community needs. aaaa BUDGETARY IMPLICATIONS::
The construction costs of Jones Street, Mathoura, will be similar to the proposed construction cost of Gray Street, Mathoura, hence there will be no additional funding required.
POLICY IMPLICATIONS::
Nil.
LEGISLATIVE IMPLICATIONS::
Nil.
RISK ANALYSIS::
Jones Street, Mathoura, is used by more than 90 vehicles per day while Gray Street, Mathoura, is used by less than 10 vehicles per day. The probability of an accident happening is much higher on Jones Street than on Gray Street.
CONCLUSION::
Page - 36 036 Agenda - Ordinary Meeting of Council - November 2017
Should the Council support the construction of Jones Street (West), Mathoura, the work will be completed before the December holiday period.
Page - 37 037 Agenda - Ordinary Meeting of Council - November 2017
CLAUSE 4. Murray River Council Liquid Trade Waste Regulation Policy Meeting Date: 28/11/2017
Responsible Officer: MANAGER ENGINEERING SERVICES - Malcolm France
RECOMMENDATION::
That Council adopts the Murray River Council Liquid Trade Waste Regulation Policy.
BACKGROUND::
Sewerage systems are designed to safely collect, transfer and treat wastewater, which is mostly of domestic origin. However, these systems may also be capable of accepting liquid trade waste provided that the discharges are planned, known and controlled within acceptable limits. All liquid wastes discharged to the sewerage system, other than domestic sewage, are classified as trade waste.
Sound regulation of sewerage and liquid trade waste is a key component of the NSW Government’s Best-Practice Management of Water Supply and Sewerage Guidelines (the 'Guidelines'). All NSW Local Water Utilities (LWU) are expected to comply with the requirements of the Guidelines.
DISCUSSION::
The proposed Murray River Council Liquid Trade Waste Regulation Policy (the 'Policy') replaces the existing former Murray Shire Council Liquid Trade Waste Policy and sets out how Council will regulate sewerage and trade waste discharges to its sewerage system in accordance with the NSW Framework for Regulation of Sewerage and Trade Waste.
The Policy is concerned with the approval, monitoring and enforcement process for liquid trade wastes discharged to Council’s sewerage system and the levying of commercial sewerage and liquid trade waste fees and charges. It has been developed to ensure the proper control of liquid trade waste and hence protection of public health, worker safety, the environment, and Council’s sewerage system. The Policy also promotes waste minimisation, water conservation, water recycling and biosolids reuse.
In accordance with section 3.9.3 of the Liquid Trade Waste Regulation Guidelines 2009, Council should provide its final Policy to DPI Water for consent after publicly exhibiting the Policy for 28 days.
The proposed Policy was placed on public exhibition in Council's offices in Moama, Mathoura, Barham and Moulamein over the July-August 2017 period. There were no issues raised during the public submission. The proposed Policy has been approved by the regulating body, DPI Water.
STRATEGIC IMPLICATIONS::
Draft Murray River Council Community Strategic Plan 2017-2027 - Strategic Theme 7: Effectively manage water and waste water
• 7.2 Provide, manage and maintain effective and appropriate sewerage treatment services. aaaa BUDGETARY IMPLICATIONS::
Nil.
POLICY IMPLICATIONS::
The Policy satisfies best practice management in accordance with the NSW Framework for Regulation of Sewerage and Trade Waste.
LEGISLATIVE IMPLICATIONS::
Requirements under the Local Government Act 1993 and the Local Government (General) Regulation 2005 are a key focus of the Liquid Trade Waste Regulation Guidelines 2009.
Page - 38 038 Agenda - Ordinary Meeting of Council - November 2017
In accordance with section 3.9.3 of the Liquid Trade Waste Regulation Guidelines 2009, Council should provide its final liquid trade waste policy to DPI Water for consent after publicly exhibiting the policy for 28 days. The proposed Murray River Council Liquid Trade Waste Regulation Policy was on public exhibition at Council's offices in Moama, Mathoura, Barham and Moulamein over the July-August 2017 period and has been approved by the regulating body, DPI Water.
RISK ANALYSIS::
By not adopting this Policy, Council will compromise sound regulation of sewerage and trade waste discharges to its sewerage system.
CONCLUSION::
This Policy sets out how Council will regulate sewerage and trade waste discharges to its sewerage system in accordance with the New South Wales Framework for Regulation of the Sewerage and Trade Waste.
Page - 39 039 Agenda - Ordinary Meeting of Council - November 2017
CLAUSE 5. Echuca Moama Torrumbarry Flood Study Project - Terms of Reference Meeting Date: 28/11/2017
Responsible Officer: MANAGER DESIGN, CAPITAL WORKS & PROJECTS - Onisimo Mukodi
RECOMMENDATION::
That the Council approves that Murray River Council join the Echuca Moama Torrumbarry Flood Study (EMTFS) Project on the terms set out in detail in the Terms of Reference, as attached to this Report.
BACKGROUND::
At the time of drafting of its application for financial assistance for the Moama Flood Study (FS) and Floodplain Risk Management Study and Plan (FRMS&P) under the 2017/18 Flood Management Program, Council became aware that the Shir of Campaspe (Victoria) had received funding from the Victorian Department of Environment, Land, Water and Planning (DELWP) to conduct a flood study to update flood information for the town of Echuca.
Engagement between officers of the two councils resulted in the idea of delivering a joint cross-border flood study. The concept was well received by NSW Office of Environment and Heritage (NSW OEH), DELWP, North Central Catchment Management Authority, Victoria (NCCMA) and resulted in the proposed Echuca Moama Torrumbarry Flood Study (EMTFS).
DISCUSSION::
A Flood Study (FS) and Floodplain Risk Management Study and Plan (FRMS&P) for the town of Moama was last undertaken by the form Murray Shire Council in 2001. The hydrology used for the modelling in the study is no longer current. There has been a number of developments on the floodplain which have changed the floodplain behaviour, including the town levee built around central areas of Moama. An updated flood study is required to support floodplain planning and management of developments around Moama.
Council submitted an application through NSW OEH for financial assistance under the 2017/18 Flood Management Program. It submitted in its application, a proposal to deliver the FS in collaboration with the Shire of Campaspe, which had already secured funding for its own FS from DELWP. The Shire of Campaspe issued a letter of support for Council’s application for financial assistance. The proposal for joint delivery of the FS was endorsed by NSW OEH. Council is still waiting for the Minister’s announcement of the outcome of 2017/18 Flood Management Program grants. The announcement is due at any time. Meanwhile, the Shire of Campaspe has continued to engage with Council regarding the initiative to deliver a joint cross-border FS.
A meeting was held in Echuca attended by Shire of Campaspe, DELWP, NCCMA, Gannawarra Shire Council, NSW OEH and Council to explore catchment-wide opportunities for collaboration including the following studies for Torrumbarry and Swan Hill which have already received funding in Victoria:
• In the Torrumbarry area, to assess the value and effects of the Torrumbarry rural levees and environmental levees in the Guttram-Benwell Forest on flooding of Cohuna and nearby settlements by efflux flows from the Murray River; and • Further downstream toward Swan Hill involving the areas within the North Central Catchment Management Authority (NCCMA), Gannawarra Shire and Swan Hill Rural City’s jurisdictions.
The consensus at the meeting was that the best approach would be a single joint study covering the Murray River between Barmah and downstream of Torrumbarry, referred to in this report as EMTFS. It would be jointly funded by Shire of Campaspe, DELWP, NCCMA and Council through the NSW Department of Environment and Heritage (NSWDEH), subject to the success of its grant funding application. The study will be project managed by the Shire of Campaspe. It was agreed the more remote Swan Hill study proceed separately.
STRATEGIC IMPLICATIONS::
Page - 40 040 Agenda - Ordinary Meeting of Council - November 2017
Operational Plan 2017/18 - Strategic Theme: Emergency Management, Flood Mitigation
• Activity: Develop and maintain a prompt and efficient service to meet the needs of persons affected, or threatened by, disaster in the Murray River Council area. • Activity: Maintain an active and influential role in flood and river quality management within the Murray River Council area. aaaa BUDGETARY IMPLICATIONS::
There is no funding allocation for the FS and FRMS&P for the town of Moama in Council's 2017/18 Operational Plan and Budget. Council’s contribution to the EMTFS is subject to the success of its application for financial assistance under the 2017/18 Flood Management Program. In the event that the application is unsuccessful, the Shire of Campaspe has advised that sufficient funds are available to conduct the modelling along this section of river and to the higher level of accuracy on the Victorian side. The second stage, ie. the FRMS&P for the NSW side may have to be deferred, should Council be unsuccessful in its funding application.
POLICY IMPLICATIONS::
Nil.
LEGISLATIVE IMPLICATIONS::
Nil.
RISK ANALYSIS::
Should Council not join the EMTFS, it will miss the financial opportunity which comes with the EMTFS and would spend more money by going alone at another time. Should this opportunity be missed, Council would continue to rely on the 2001 FS and FRMS&P, which is no longer current, for floodplain management planning and planning of developments for the town of Moama.
CONCLUSION::
The EMTFS presents a golden win-win opportunity for collaboration between Council, Shire of Campaspe, DELWP, NCCMA and NSWDEH. This opportunity has been well received by all parties. Council stands to benefit from the regional approach. The collaboration will foster the partnership between the Shire of Campaspe and Murray River Council for the benefit of the Echuca Moama community and encourage active participation of its community members in flood management and planning.
Page - 41 041 Agenda - Ordinary Meeting of Council - November 2017
CLAUSE 6. Development Application 281/17 - Proposed Road Name Meeting Date: 28/11/2017
Responsible Officer: GIS & ASSET OFFICER - Teresa Brooks
RECOMMENDATION::
That the Council approves the road within the proposed 6 lot subdivision of Lot 21, DP 258661 (Development Application 281/17) be named Evans Place.
BACKGROUND::
Council has received a suggested road name for the proposed 6 lot staged subdivision of Lot 21, DP 258661, 21 Maiden Smith Drive, Moama.
DISCUSSION::
Under Development Application 281/17, being for a proposed 6 lot staged subdivision of Lot 21, DP 258661, the applicant has suggested that the road within the subdivision be named Evans Place. The applicant’s great-great grandfather was Richard James Evans who founded the Evans sawmill in Echuca in 1922. Although the sawmill was located in Echuca, RJ Evans sourced a large amount of timber from the Perricoota Forest and many other forests in the local area and had a strong link to Moama.
The former Murray Shire Council approved a list of names for roads. Evans Place is not on this list.
STRATEGIC IMPLICATIONS::
Operational Plan 2017/18 - Strategic Theme 1: Built/Physical Environment, which is planned, connected, safe and supports our industries, businesses and community.
• Strategy: Maintenance and construction of urban street and rural road network. • Activity: Provide a road network appropriate to community needs. aaaa BUDGETARY IMPLICATIONS::
Nil.
POLICY IMPLICATIONS::
The proposed road name complies with the Geographical Names Board Guidelines for the naming of roads.
LEGISLATIVE IMPLICATIONS::
Road naming authorities must adhere to the procedure outlined in the NSW Road Regulation 2008 when naming a public or private road.
In NSW, the Geographical Names Board must be notified of all road naming proposals. Once approved by Council, the proposed road name is registered online. Through this process, the Geographical Names Board either accepts or rejects the name based on whether or not it complies with their guidelines.
RISK ANALYSIS::
If road names are not officially and correctly recorded, this can impede the delivery of emergency and other services to residents and businesses.
CONCLUSION::
The proposed road name within the proposed 6 lot subdivison of Lot 21, DP 858661 (Development
Page - 42 042 Agenda - Ordinary Meeting of Council - November 2017
Application 281/17) of Evans Place, complies with the Geographical Names Board guidelines for the naming of roads and is therefore supported by Council.
Page - 43 043 Agenda - Ordinary Meeting of Council - November 2017
CLAUSE 1. Developments Approved in October 2017 Meeting Date: 28/11/2017
Responsible Officer: DIRECTOR PLANNING, ENVIRONMENT & ECONOMIC DEVELOPMENT - Simon Arkinstall RECOMMENDATION::
That the information be received and noted by the Council.
BACKGROUND::
Page - 44 044 Agenda - Ordinary Meeting of Council - November 2017
DISCUSSION::
Not required.
STRATEGIC IMPLICATIONS::
Not required.
BUDGETARY IMPLICATIONS::
Not required.
POLICY IMPLICATIONS::
Not required.
LEGISLATIVE IMPLICATIONS::
Not required.
RISK ANALYSIS::
Not required.
CONCLUSION::
Not required.
Page - 45 045 Agenda - Ordinary Meeting of Council - November 2017
CLAUSE 2. Planning Consultant Meeting Date: 28/11/2017
Responsible Officer: DIRECTOR PLANNING, ENVIRONMENT & ECONOMIC DEVELOPMENT - Simon Arkinstall RECOMMENDATION::
That at the Quarterly Budget Review, the Council consider allocating additional funding for the engagement of planning consultants to assist Council in the assessment of Development Applications.
BACKGROUND::
Council's Planning Department has been utilising planning consultants in recent times to assist in the assessment of Development Applications (DAs) and to ensure a reasonable turnaround time is achieved. This was deemed necessary based on the number of DAs being received by Council and that Council currently has only one active full time Town Planner to manage these applications.
To date, this process has been managed through existing budget arrangements, however, the length of this process was extended based on the inability to attract a new town planner.
DISCUSSION::
Page - 46 046 Agenda - Ordinary Meeting of Council - November 2017
STRATEGIC IMPLICATIONS::
Nil.
BUDGETARY IMPLICATIONS::
Council has funded the current use of the planning consultant through existing budget allocations and if this process were to continue then additional funding would be required to be allocated.
Council is advised that for the 2017/18 financial year, $35,000.00 has been allocated to the outsourcing of DA assessment. This has also affected additional Council projects, as the funding was originally allocated for specific projects, such as the review and development of Section 94 Plans for the newly amalgamated Murray River Council, however, such projects will not be able to be completed due to the reallocation of funding.
Page - 47 047 Agenda - Ordinary Meeting of Council - November 2017
As one of Council’s town planners is on maternity leave, there is an opportunity to utilise the wage component to offset some of the consultant’s costs.
POLICY IMPLICATIONS::
Nil.
LEGISLATIVE IMPLICATIONS::
Nil implications – all assessments are required to be completed in accordance with the legislative requirements, however there are always challenges in how the legislation is interpreted between Council's staff and the planning consultant. Where this is deemed a difference of opinion, Council officers do not alter the consultant’s reports; if such is of more significance, then staff will raise these concerns with the consultant.
RISK ANALYSIS:: aaaa • What can happen? DAs not being approved in a timely manner. • How can it happen? Number of applications received versus existing resources. • What are the consequences of the event happening? Not meeting customer expectations. • What is the likelihood of the event happening? High • Adequacy of existing controls? Low • Treatment options to mitigate the risk? Outsource the assessment of DAs until the Manager Town Planning vacancy is filled. aaaa CONCLUSION::
Council currently has one active town planner to manage the DA process and based on the staff shortage and inability to fill a vacancy, staff have been utilising a planning consultant to assist in the DA assessment process. To date, this process has been funded through an existing budget allocation.
Council's staff are requesting that additional funds be allocated to enable, where deemed appropriate, DAs to be outsourced to assist Council in meeting its statutory obligations and minimising frustration with developers and the community.
Page - 48 048 Agenda - Ordinary Meeting of Council - November 2017
CLAUSE 3. Withdrawal of Development & Other Applications - Refund of Fees Meeting Date: 28/11/2017
Responsible Officer: DIRECTOR PLANNING, ENVIRONMENT & ECONOMIC DEVELOPMENT - Simon Arkinstall RECOMMENDATION:: aaaa 1. That Council place the proposed draft Withdrawal of Development and Other Applications – Refund of Fees Policy on public exhibition. 2. That on the public exhibition period closing, a further report be presented to the Council for consideration of adopting the Murray River Council Withdrawal of Development and Other Applications – Refund of Fees Policy. aaaa BACKGROUND::
Council receives a number of Development Application (DAs) and similar for consideration and there are times that these applications are withdrawn by the applicant. Council's staff are proposing the introduction of a policy to assist in determining the amount of fees to be refunded, if applicable, in these circumstances.
DISCUSSION::
As indicated above, there are circumstances where a DA or similar application will be withdrawn by the applicant and legislation permits Council to refund a percentage of the fees.
Clause 52 of the Environmental Planning and Assessment Regulation 2000 (the 'Regulation') is inserted below for Council’s information.
52 Withdrawal of development applications
(cf clause 47 (4)–(6) of EP&A Regulation 1994)
(1) A development application may be withdrawn at any time prior to its determination by service on the consent authority of a notice to that effect signed by the applicant.
(2) An application that is withdrawn is taken for the purposes of the Act (sections 79 (6) and 89F (4) of the Act and clause 90 (3) of this Regulation excepted) never to have been made.
(3) The consent authority may (but is not required to) refund to the applicant the whole or any part of any application fee paid in connection with an application that has been withdrawn.
(4) Immediately after the withdrawal of a development application for:
(a) development for which the concurrence of a concurrence authority is required, or
(b) integrated development, the consent authority must notify each relevant concurrence authority or approval body of the withdrawal
The Regulation indicates that Council may refund the fees or part of the fees associated with an application if it is withdrawn, and Council's staff are of the opinion that any refund should be proportional to the amount of work completed on an application prior to it being withdrawn.
To assist staff, it is suggested that direction is required to provide a guide as to the level of refund to be provided when an application is withdrawn. Staff have undertaken benchmarking against other Local Government organisations to obtain an idea of the level of refund provided in similar circumstances.
As a result of this benchmarking process, the proposed draft Withdrawal of Development and Other Applications - Refund of Fees Policy is attached (Appendix 1) for consideration by the Council.
Page - 49 049 Agenda - Ordinary Meeting of Council - November 2017
STRATEGIC IMPLICATIONS::
Nil.
BUDGETARY IMPLICATIONS::
Nil.
POLICY IMPLICATIONS::
If adopted, such will provide a new Policy along with clear direction for Council's staff.
LEGISLATIVE IMPLICATIONS::
The refund to fees is permissible under the Environmental Planning and Assessment Regulation 2000.
RISK ANALYSIS:: aaaa • What can happen? Inconsistent manner in determining the amount for refund. • How can it happen? No clear criteria for Council's staff to determine refund. • What are the consequences of the event happening? Inconsistency • What is the likelihood of the event happening? Medium • Adequacy of existing controls? Low • Treatment options to mitigate the risk? Implement the proposed policy. aaaa CONCLUSION::
It is suggested that where an applicant withdraws an application, that the appropriate portion of the associated fees should be refunded as in some circumstances the entire process may not have been completed. Council's staff are suggesting that when this is the case then a percentage of the fees should be refunded. To assist staff in determining the level of refund, benchmarking was completed against other Local Government organisations and a draft policy developed for Council’s consideration.
Page - 50 050 Agenda - Ordinary Meeting of Council - November 2017
CLAUSE 4. Development Application 055/17 Meeting Date: 28/11/2017
Responsible Officer: TOWN PLANNING CONSULTANT (Hawes & Swan Planning) - Jeremy Swan
RECOMMENDATION:: aaaa 1. That Council support the State Environmental Planning Policy (SEPP) 1 Objection submitted with Development Application 055/17 as same is deemed well founded. 2. That Development Application 055/17, for the transfer of commercial moorings and erection of a commercial pontoon and walkway (marina) and storage shed on the Murray River at Lot 2, DP1007795, 63 Layfield Road, Moama, be granted deferred commencement development consent, subject to the conditions contained in Schedule A, as attached to the report. aaaa BACKGROUND::
Council consent is sought for the erection of a commercial pontoon marina and walkway on the Murray River.
The land to which this application relates is zoned RU1 – Primary Production; and W1 – Natural Waterways under Murray Local Environmental Plan (LEP) 2011.
The proposed development was subject to formal neighbourhood notification in accordance with Murray Development Control Plan (DCP) 2012.
The application includes a State Environmental Planning Policy (SEPP) No. 1 objection in relation to compliance with Clause 10 of Murray Regional Environmental Plan No.2 – Riverine Land. The applicant’s SEPP 1 objection (justification for non-compliance) for the proposed development is based upon:
• Public access to the site will not be impeded by the development and is already covered by the existing licence conditions; • The mooring is within the main channel of the River Murray however this requirement is justifiably unreasonable for this proposal; • No flood flows will be impeded or altered by the proposal; • Land degradation and Landscape issues are already covered by the existing licence conditions and not applicable to this proposal as there is no increased intensity of use or physical works that are to be undertaken; • Land use at the site will not intensify at the site due to the nature of the proposal; and • Water Quality and Wetlands are also not altered by the proposal.
In addition, a Clause 4.6 variation has been submitted as the proposed development will involve the erection of a marina where it is proposed to moor four commercial houseboats where the control limits the erection of more than one mooring per lot.
The applicant puts forward the following argument in support under Clause 4.6:
• This objection is well founded with compliance surrounding a permanent mooring being unreasonable and unnecessary; • Granting of consent meets the objectives of the policy; • Non-compliance does not raise matters of significance for State or Regional environmental planning; and • Strict compliance with the development standard would tend to hinder the attainment of objectives 5(a)(ii) of the EP&A Act 1979. aaaa DISCUSSION::
Refer to the attached document (Appendix 2).
STRATEGIC IMPLICATIONS::
Page - 51 051 Agenda - Ordinary Meeting of Council - November 2017
N/A
BUDGETARY IMPLICATIONS::
N/A
POLICY IMPLICATIONS::
N/A
LEGISLATIVE IMPLICATIONS::
N/A
RISK ANALYSIS::
N/A
CONCLUSION::
Development Application 055/17, for the transfer of commercial moorings and erection of a commercial pontoon and walkway (marina) and storage shed on the Murray River at Lot 2, DP1007795, 63 Layfield Road, Moama, has been assessed in accordance with the relevant planning provisions and is recommended for deferred commencement development consent as per the conditions contained in Schedule A attached to this report (Appendix 3).
Page - 52 052 Agenda - Ordinary Meeting of Council - November 2017
CLAUSE 5. Sponsorship Request - Isaiah Firebrace Concert & Workshops Meeting Date: 28/11/2017
Responsible Officer: ECONOMIC DEVELOPMENT OFFICER - Beck Hayward
RECOMMENDATION::
That Council provides sponsorship of $1,000 to YoYo Music to go towards the running of an Isaiah Firebrace Concert and Workshops to be held in Moama on Friday 5 January 2018, to come from the Shire Promotion vote.
BACKGROUND::
Isaiah Firebrace’s management company, YoYo Music, is seeking support for workshops to be delivered in conjunction with an Isaiah performance (or two) in Moama on Friday 5 January 2018, potentially at the Rich River Golf Club Resort. See attached email request (Appendix 4).
YoYo Music are seeking a contribution of $1,000 each from both Murray River Council and the Shire of Campaspe to run a workshop with Isaiah, aimed at young people in our community. They will also invite some local solo acts to support Isaiah at his performances and encourage young people in the community to get involved in the organisation and promotion of the event.
DISCUSSION::
Nil.
STRATEGIC IMPLICATIONS::
Nil.
BUDGETARY IMPLICATIONS::
The $1,000 financial contribution is to come from Council's Shire Promotion vote.
POLICY IMPLICATIONS:: aaaa • Murray Shire Council Community Donations & Sponsorship Policy (POL122) aaaa LEGISLATIVE IMPLICATIONS::
Nil.
RISK ANALYSIS::
Nil.
CONCLUSION::
Isaiah Firebrace’s management company, YoYo Music, is seeking support for workshops to be delivered in conjunction with an Isaiah performance (or two) in Moama on Friday 5 January 2018. It is appropriate for Council to support this event, aimed at young people in our community.
Page - 53 053 Agenda - Ordinary Meeting of Council - November 2017
CLAUSE 6. Sponsorship Request - Annual Christmas Spectacular Event Meeting Date: 28/11/2017
Responsible Officer: ECONOMIC DEVELOPMENT OFFICER - Beck Hayward
RECOMMENDATION::
That Council provides sponsorship of $3,000 to the Epicentre Church to run the annual Christmas Spectacular event, to be held in December 2017, to come from the Shire Promotion vote.
BACKGROUND::
The annual Christmas Spectacular is a free Christmas carols festival for the whole Echuca Moama and district community. It has been running for the past 6 years and is held at the Moama Recreation Reserve. Past events have attracted around 4,000 attendees. The event has Development Application approval for a 5 year period (until November 2019).
The event is run in a professional manner by the Epicentre Op Shop and is supported by all the churches of Echuca Moama. The goal of the event is community engagement and strengthening family connections and relationships. The event costs approximately $30,000 to conduct and local suppliers are used to deliver the event. Organisers receive funding support from local businesses and the Shire of Campaspe, as well as proceeds from their Op Shop.
Organisers are seeking a sponsorship of $5,000 from Council, to go towards the hire of large screens ($2,500) and camera and equipment ($3,500). See the applicable Sponsorship Application Form attached (Appendix 5).
DISCUSSION::
Nil.
STRATEGIC IMPLICATIONS::
Nil.
BUDGETARY IMPLICATIONS::
The $3,000 contribution is to come from Council's Shire Promotion vote.
POLICY IMPLICATIONS:: aaaa • Murray Shire Council Community Donations & Sponsorship Policy (POL122) aaaa LEGISLATIVE IMPLICATIONS::
Nil.
RISK ANALYSIS::
Nil.
CONCLUSION::
The annual Christmas Spectacular is a free Christmas carols festival for the whole community. It has been running for the past 6 years and is held at the Moama Recreation Reserve, with past events attracting around 4,000 attendees. The organisers of the event are seeking a sponsorship of $5,000 from Council for the event. It is appropriate for Council to support this annual community Christmas event.
Page - 54 054 Agenda - Ordinary Meeting of Council - November 2017
Page - 55 055 Agenda - Ordinary Meeting of Council - November 2017
CLAUSE 7. Sponsorship Request - Annual Christmas Lights Competition Meeting Date: 28/11/2017
Responsible Officer: ECONOMIC DEVELOPMENT OFFICER - Beck Hayward
RECOMMENDATION::
That Council provides sponsorship of $300 to the Riverine Herald Echuca to run the annual Christmas Lights Competition in Echuca Moama, to be held in December 2017, to come from the Shire Promotion vote.
BACKGROUND::
The former Murray Shire Council and Shire of Campaspe have supported the annual Christmas Lights Competition, run by the Riverine Herald Echuca newspaper, for a number of years.
The competition encourages community involvement, with over 70 houses nominated in 2016, all of which are listed on a competition map, inserted into the newspaper. There was significant levels of participation from the residents of Echuca Moama in 2016 to vote for their favourite houses. The map produced in the Riverine Herald is not only used by the competition voters but also as a guide to Christmas-themed houses for those wanting to enjoy the Christmas spirit.
Should the Council offer sponsorship, Council will be acknowledged in the competition pages as well as a logo being present on the page. The sponsorship is used as cash prizes for the winning houses and lucky voter.
See the applicable Sponsorship Application Form attached (Appendix 6).
DISCUSSION::
Nil.
STRATEGIC IMPLICATIONS::
Nil.
BUDGETARY IMPLICATIONS::
The $300 contribution is to come from Council's Shire Promotion vote.
POLICY IMPLICATIONS:: aaaa • Murray Shire Council Community Donations & Sponsorship Policy (POL122) aaaa LEGISLATIVE IMPLICATIONS::
Nil.
RISK ANALYSIS::
Nil.
CONCLUSION::
The annual Christmas Lights Competition, run by the Riverine Herald Echuca newspaper for a number of years, encourages community involvement, with over 70 houses participating in 2016. The organisers of this competition are seeking sponsorship of $300 from Council, to be used as cash prizes for the winning houses and lucky voter. It is appropriate for Council to support this annual community Christmas competition.
Page - 56 056 Agenda - Ordinary Meeting of Council - November 2017
Page - 57 057 Agenda - Ordinary Meeting of Council - November 2017
Correspondence Report - Part B Meeting Date: 28/11/2017
Responsible Officer: MANAGER OFFICE OF THE GENERAL MANAGER - Kerri Keogh
RECOMMENDATION::
That the report be received and the information be noted by the Council.
BACKGROUND::
B1/11: Local Government NSW Weekly
Indices of General Circulars, Numbers 40/17, 41/17, 42/17, 43/17 and 44/17 have been forwarded to Councillors and Senior Staff via email.
B2/11: Australian Local Government Association (ALGA) News
Newsletters dated 13 October, 20 October, 27 October, 3 November and 10 November 2017 have been forwarded to Councillors and Senior Staff via email.
B3/11: Local Government NSW
Forwarding a Media Release of 24 October 2017 welcoming reforms that strengthen the sector and accountability to the community, but encourages the Minister for Local Government to focus on real, meaningful change that delivers genuine benefits. A copy of the Media Release is attached (Appendix 1).
B4/11: Local Government NSW
Forwarding a Media Release of 24 October 2017 advising that the NSW Government's planning and transport strategies recently released were a once-in-a-lifetime opportunity to deliver integrated and upfront infrastructure for communities in NSW. A copy of the Media Release is attached (Appendix 2).
B5/11: Local Government NSW
Forwarding a Media Release of 27 October 2017 welcoming changes to the Greater Sydney Commission's (GSC) District Plans which say new developments must be supported by infrastructure as a top priority. A copy of the Media Release is attached (Appendix 3).
B6/11: Local Government NSW
Forwarding a Media Release of 3 November 2017 welcoming the recent announcement by the NSW Government to introduce new laws to allow councils to create new Joint Organisations (JO) in 2018. A copy of the Media Release is attached (Appendix 4).
B7/11: NSW Government
Forwarding a Media Release of 3 November 2017 advising that Deputy Premier and Minister for Regional NSW John Barilaro, and Minister for Local Government Gabrielle Upton announced the NSW Government will introduce new laws to allow councils in regional NSW to voluntary create new Joint Organisations (JO) in 2018. A copy of the Media Release is attached (Appendix 5).
B8/11: Austin Evans, Member Elect for Murray
Forwarding a Media Release of 8 November 2017 urging first home buyers in the Murray electorate to take advantage of stamp duty relief measures from the NSW Liberals and Nationals Government. A copy of the Media Release is attached (Appendix 6).
B9/11: Austin Evans, Member Elect for Murray
Forwarding a Media Release of 13 November 2017 encouraging not-for-profit, community based
Page - 58 058 Agenda - Ordinary Meeting of Council - November 2017 services in the Murray Electorate to aply for $4.5M worth of grants, targeting the youngest learners. A copy of the Media Release is attached (Appendix 7).
B10/11: Austin Evans, Member Elect for Murray
Forwarding a Media Release of 13 November 2017 encouraging local businesses to apply for the new $500,000 Murray Darling Regional Business Accelerator Program, set to help companies leverage new marketing channels and expand into new markets. A copy of the Media Release is attached (Appendix 8).
B11/11: Austin Evans, Member Elect for Murray
Forwarding a Media Release of 13 November 2017 calling for applications in the latest round of the Community War Memorials Fund (CWMF) and the Anzac Community Grants Program (ACGP). A copy of the Media Release is attached (Appendix 9).
B12/11: Austin Evans, Member for Murray
Forwarding a Media Release of 20 November 2017 announcing that Murray River Council will receive $442,000 from the NSW Government to help protect Barham, Moulamein and Moama from flood risks. A copy of the Media Release is attached (Appendix 10).
B13/11: Peter Muttart, Mayor, Municipality of the County of Kings
Forwarding a correspondence of 3 October 2017 expressing gratitude in having the privilege of hosting Council's Town Crier, Judy Campbell, as a participant in the 2017 Town Criers' International Competition. A copy of the letter is attached (Appendix 11).
Page - 59 059 Agenda - Ordinary Meeting of Council - November 2017
Mayor, Councillor CR Bilkey Meeting Date: 28/11/2017
Responsible Officer: MANAGER OFFICE OF THE GENERAL MANAGER - Kerri Keogh
RECOMMENDATION::
That the Sundry Delegates Report of the Mayor, Councillor CR Bilkey be received by the Council and reasonable out of pocket expenses be met by Council.
BACKGROUND::
The Mayor, Councillor CR Bilkey reported on his attendance at the following meetings and functions:
• 26 Sept: Councillor Induction Session - Mathoura • 26 Sept: Ordinary Meeting of Council - Mathoura • 28 Sept: Community Launch to celebrate the Bunnaloo Mobile Black Spot Tower - Bunnaloo • 5 Oct: Meeting with National Party representatives, in company with Acting General Manager - Moama • 9 Oct: Radio EMFM Segment - Echuca • 11-13 Oct: Murray Darling Association 73rd AGM & National Conference - Renmark SA • 17 Oct: Pre-Briefing on Planning Matters prior to Council Meeting - Moulamein • 17 Oct: Ordinary Meeting of Council - Moulamein • 19 Oct: Meeting regarding support of preschools Country Kids Program - Mathoura • 19 Oct: Community Living & Respite Services AGM - Echuca • 20 Oct: Official Opening of Community Living & Respite Services 'Opening Doors Project' - Echuca • 24 Oct: Meeting with Alison Murphy (Office of Local Government) in company with Acting General Manager - Moama • 26 Oct: Meeting with VicRoads RE update on progress of bridge program - Echuca • 27 Oct: LGNSW 'Capable Councils' Post Election Workshop - Deniliquin • 31 Oct: OLG 'Hit the Ground Running' Councillor Workshop - Jerilderie • 1 Nov: Presiding Officer at Citizenship Ceremony (10 new citizens) - Moama • 3 Nov: Country Mayor's Association of NSW AGM and General Meeting - Sydney
Council proposed a motion seeking the support of the Country Mayor's Association to advocate on behalf of the re-establishment of the red gum industry. Motion was passed overwhelmingly. Minutes attached as Appendix 1 & 2
• 4-5 Nov: LGNSW Mayor's Weekend Seminar - Sydney
Based on the role and responsibilities of Mayors. Excellent seminar with learnings for all Council members
• 8 Nov: Riverina & Murray Regional Organisation of Councils (RAMROC) Meeting - Jerilderie • 11 Nov: Remembrance Day Service - Moama • 13 Nov: Radio EMFM Segment - Echuca • 13 Nov: Echuca Regional Health AGM - Echuca • 14-15 Nov: In-house 'Working Together to Deliver' Workshop - Barham • 14 Nov: Extraordinary Meeting of Council - Barham • 16 Nov: Murray Regional Tourism Council Workshop - Echuca aaaa
Page - 60 060 Agenda - Ordinary Meeting of Council - November 2017
Deputy Mayor, Councillor GS Campbell Meeting Date: 28/11/2017
Responsible Officer: MANAGER OFFICE OF THE GENERAL MANAGER - Kerri Keogh
RECOMMENDATION::
That the Sundry Delegates Report of the Deputy Mayor, Councillor GS Campbell be received by the Council and reasonable out of pocket expenses be met by Council.
BACKGROUND::
The Deputy Mayor, Councillor GS Campbell reported on her attendance at the following meetings and functions:
• 22 Sept: Meet and Greet Acting General Manager - Mathoura • 26 Sept: Councillor Induction Session - Mathoura • 26 Sept: Ordinary Meeting of Council - Mathoura • 5 Oct: Echuca Moama Artists 63rd Annual Art Exhibition - Echuca • 10 Oct: Mental Health Week - MV Mary Ann • 10 Oct: Moama Lions Community Village Management Committee Meeting - Moama • 12 Oct: Murray Darling Association 73rd National Conference - Renmark SA • 17 Oct: Pre-Briefing on Planning Matters prior to Council Meeting - Moulamein • 17 Oct: Ordinary Meeting of Council - Moulamein • 18 Oct: Echuca Moama & District Tourism Association AGM - Echuca • 19 Oct: Regional Boating Advisory Group (Central Murray) Meeting - Moama • 20 Oct: Official Opening of Captains Cottage - Chanter Street, Moama • 27 Oct: LGNSW 'Capable Councils' Post Election Workshop - Deniliquin • 31 Oct: OLG 'Hit the Ground Running' Councillor Workshop - Jerilderie • 4-5 Nov: LGNSW Mayor's Weekend Seminar - Sydney • 8-9 Nov: Local Government Internal Audit Forum - Sydney • 13 Nov: Echuca Regional Health AGM - Echuca • 14-15 Nov: In-house 'Working Together to Deliver' Workshop - Barham • 14 Nov: Extraordinary Meeting of Council - Barham • 14 Nov: Moama Lions Community Village Management Committee Meeting - Moama • 14 Nov: Moama & Distrct Preschool Centre AGM - Moama aaaa
Page - 61 061 Agenda - Ordinary Meeting of Council - November 2017
Councillor T Aquino Meeting Date: 28/11/2017
Responsible Officer: MANAGER OFFICE OF THE GENERAL MANAGER - Kerri Keogh
RECOMMENDATION::
That the Sundry Delegates Report of Councillor T Aquino be received by the Council and reasonable out of pocket expenses be met by Council.
BACKGROUND::
Councillor T Aquino reported on his attendance at the following meetings and functions:
• 21 Sept: Meet and Greet Acting General Manager - Mathoura • 26 Sept: Councillor Induction Session - Mathoura • 26 Sept: Ordinary Meeting of Council - Mathoura • 28 Sept: Community Launch to celebrate the Bunnaloo Mobile Black Spot Tower - Bunnaloo • 27 Oct: LGNSW 'Capable Councils' Post Election Workshop - Deniliquin • 31 Oct: OLG 'Hit the Ground Running' Councillor Workshop - Jerilderie • 14-15 Nov: In-house 'Working Together to Deliver' Workshop - Barham • 14 Nov: Extraordinary Meeting of Council - Barham aaaa
Page - 62 062 Agenda - Ordinary Meeting of Council - November 2017
Councillor NF Cohen Meeting Date: 28/11/2017
Responsible Officer: MANAGER OFFICE OF THE GENERAL MANAGER - Kerri Keogh
RECOMMENDATION::
That the Sundry Delegates Report of Councillor NF Cohen be received by the Council and reasonable out of pocket expenses be met by Council.
BACKGROUND::
Councillor NF Cohen reported on her attendance at the following meetings and functions:
• 26 Sept: Councillor Induction Session - Mathoura • 26 Sept: Ordinary Meeting of Council - Mathoura • 17 Oct: Pre-Briefing on Planning Matters prior to Council Meeting - Moulamein • 17 Oct: Ordinary Meeting of Council - Moulamein • 18 Oct: Echuca Moama & District Tourism Association AGM - Echuca • 27 Oct: LGNSW 'Capable Councils' Post Election Workshop - Deniliquin • 31 Oct: OLG 'Hit the Ground Running' Councillor Workshop - Jerilderie • 9 Nov: C4EM (Committee for Echuca Moama) AGM - Moama • 11 Nov: Remembrance Day Service - Mathoura
Laid wreath on behalf of the Mayor, Councillors, Staff and residents of Murray River Council
• 13 Nov: Echuca Regional Health AGM - Echuca • 14 Nov: In-house 'Working Together to Deliver' Workshop - Barham • 14 Nov: Extraordinary Meeting of Council - Barham • 14 Nov: Moama Recreation Reserve Management Committee Meeting - Moama • 16 Nov: Murray Regional Tourism Council Workshop - Echuca aaaa
Page - 63 063 Agenda - Ordinary Meeting of Council - November 2017
Councillor A Crowe Meeting Date: 28/11/2017
Responsible Officer: MANAGER OFFICE OF THE GENERAL MANAGER - Kerri Keogh
RECOMMENDATION::
That the Sundry Delegates Report of Councillor A Crowe be received by the Council and reasonable out of pocket expenses be met by Council.
BACKGROUND::
Councillor A Crowe reported on her attendance at the following meetings and functions:
• 26 Sept: Councillor Induction Session - Mathoura • 26 Sept: Ordinary Meeting of Council - Mathoura • 17 Oct: Pre-Briefing on Planning Matters prior to Council Meeting - Moulamein • 17 Oct: Ordinary Meeting of Council - Moulamein • 27 Oct: LGNSW 'Capable Councils' Post Election Workshop - Deniliquin • 31 Oct: OLG 'Hit the Ground Running' Councillor Workshop - Jerilderie • Murray Downs Advancement Group Annual General Meeting - Murray Downs • 8-9 Nov: Local Government Internal Audit Forum - Sydney • 14-15 Nov: In-house 'Working Together to Deliver' Workshop - Barham • 14 Nov: Extraordinary Meeting of Council - Barham aaaa
Page - 64 064 Agenda - Ordinary Meeting of Council - November 2017
Councillor NH Gorey Meeting Date: 28/11/2017
Responsible Officer: MANAGER OFFICE OF THE GENERAL MANAGER - Kerri Keogh
RECOMMENDATION::
That the Sundry Delegates Report of Councillor NH Gorey be received by the Council and reasonable out of pocket expenses be met by Council.
BACKGROUND::
Councillor NH Gorey reported on his attendance at the following meetings and functions:
• 26 Sept: Councillor Induction Session - Mathoura • 26 Sept: Ordinary Meeting of Council - Mathoura • 27 Sept: Meeting with Cr Crowe; Council's Manager Parks, Gardens & Waste, Luke Keogh; Directors of the Tooleybuc Sports Club; and members of the Tooleybuc Recreation Reserve Management Committee - Tooleybuc
Discussion on the way forward with future maintenance and running costs of the Tooleybuc Recreation Reserve and issues with the pump which supplies water to the oval
• 28 Sept: Community Launch to celebrate the Bunnaloo Mobile Black Spot Tower - Bunnaloo
Discussion on community concerns with the Tower
• 9 Oct: Barham Recreation Reserve Management Committee Meeting - Barham • 10 Oct: Meeting with Barham Recreation Reserve Management Committee; Council's Acting General Manager, Des Bilske; and Council's Director Planning, Environment & Economic Development, Simon Arkinstall - Barham
Discussion on the Stronger Communities Major Project funding
• 11-13 Oct: Murray Darling Association 73rd AGM & National Conference - Renmark SA • 17 Oct: Pre-Briefing on Planning Matters prior to Council Meeting - Moulamein • 17 Oct: Ordinary Meeting of Council - Moulamein • 18 Oct: Meeting with Cr Mathers; Council's Director Engineering, Johan Louw; and members of the Lions Club and Barham Consolidated - Barham
Discussion on footpaths, tree planting and the children's playground in Riverside Park, Barham
• 18 Oct: Echuca Moama & District Tourism Association AGM - Echuca • 20 Oct: Official Opening of Captains Cottage - Chanter Street, Moama • 27 Oct: LGNSW 'Capable Councils' Post Election Workshop - Deniliquin • 27 Oct: Civic Reception for Lions Club Convention hosted by Barham Koondrook Lions Club - Koondrook • 27 Oct: Official Opening of Lions Club Convention hosted by Barham Koondrook Lions Club - Barham • 31 Oct: OLG 'Hit the Ground Running' Councillor Workshop - Jerilderie • 14 Nov: In-house 'Working Together to Deliver' Workshop - Barham • 14 Nov: Extraordinary Meeting of Council - Barham aaaa
Page - 65 065 Agenda - Ordinary Meeting of Council - November 2017
Councillor AM Mathers Meeting Date: 28/11/2017
Responsible Officer: MANAGER OFFICE OF THE GENERAL MANAGER - Kerri Keogh
RECOMMENDATION::
That the Sundry Delegates Report of Councillor AM Mathers be received by the Council and reasonable out of pocket expenses be met by Council.
BACKGROUND::
Councillor AM Mathers reported on his attendance at the following meetings and functions:
• 26 Sept: Councillor Induction Session - Mathoura • 26 Sept: Ordinary Meeting of Council - Mathoura • 11-13 Oct: Murray Darling Association 73rd AGM & National Conference - Renmark SA
Questionable value for Murray River communities. The one positive was broad support from within SA for loch zero at Wellington.
• 17 Oct: Pre-Briefing on Planning Matters prior to Council Meeting - Moulamein • 17 Oct: Ordinary Meeting of Council - Moulamein • 18 Oct: Meeting with Cr Mathers; Council's Director Engineering, Johan Louw; and members of the Lions Club and Barham Consolidated - Barham
Discussion on streetscape in front of Barham School of Arts Hall, Barham Riverside Park (re redevelopment of Park), Barham Landcare proposed walking path to Federation Reserve, and Barham Lions and Landcare proposed site for tree plantation at the Barham Moulamein Rd truck stop, 5km north of Barham.
• 24 Oct: Barham Local Medical Trust AGM - Barham
The Trust has requested Councils support re an interest-free loan for the development of a dental clinic in Barham. The Trust has copied correspondence sent to Council's Director Corporate Services.
• 27 Oct: LGNSW 'Capable Councils' Post Election Workshop - Deniliquin • 31 Oct: OLG 'Hit the Ground Running' Councillor Workshop - Jerilderie • 14-15 Nov: In-house 'Working Together to Deliver' Workshop - Barham • 14 Nov: Extraordinary Meeting of Council - Barham aaaa
Page - 66 066 Agenda - Ordinary Meeting of Council - November 2017
Councillor TE Weyrich Meeting Date: 28/11/2017
Responsible Officer: MANAGER OFFICE OF THE GENERAL MANAGER - Kerri Keogh
RECOMMENDATION::
That the Sundry Delegates Report of Councillor TE Weyrich be received by the Council and reasonable out of pocket expenses be met by Council.
BACKGROUND::
Councillor TE Weyrich reported on his attendance at the following meetings and functions:
• 26 Sept: Ordinary Meeting of Council - Mathoura • 17 Oct: Ordinary Meeting of Council - Moulamein • 26 Oct: Inspection of Tarragon Road, Mathoura • 13 Nov: Mathoura Preschool Committee Meeting - Mathoura • 14 Nov: Extraordinary Meeting of Council - Barham aaaa
Page - 67 067 Agenda - Ordinary Meeting of Council - November 2017
Councillor GW Wise Meeting Date: 28/11/2017
Responsible Officer: MANAGER OFFICE OF THE GENERAL MANAGER - Kerri Keogh
RECOMMENDATION::
That the Sundry Delegates Report of Councillor GW Wise be received by the Council and reasonable out of pocket expenses be met by Council.
BACKGROUND::
Councillor GW Wise reported on his attendance at the following meetings and functions:
• 21 Sept: Meet and Greet Acting General Manager - Mathoura • 26 Sept: Councillor Induction Session - Mathoura • 26 Sept: Ordinary Meeting of Council - Mathoura • 28 Sept: Community Launch to celebrate the Bunnaloo Mobile Black Spot Tower - Bunnaloo • 17 Oct: Pre-Briefing on Planning Matters prior to Council Meeting - Moulamein • 17 Oct: Ordinary Meeting of Council - Moulamein • 24 Oct: Meeting with Acting General Manager - Moama • 27 Oct: LGNSW 'Capable Councils' Post Election Workshop - Deniliquin • 31 Oct: OLG 'Hit the Ground Running' Councillor Workshop - Jerilderie • 1 Nov: Meeting with Acting General Manager and Community Member - Moama
Discussion regarding planning issues
Page - 68 068
Section: 5. CONFIRMATION OF MINUTES
Agenda Item: Ordinary Meeting of 17 October 2017
Attachment 6.1.1 MINUTES ORDINARY 171017draft
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MINUTES of the Ordinary Meeting 17 October 2017, 1:10pm Moulamein Community Sporting Complex
PRESENT
Mayor, Councillor CR Bilkey (in the Chair) Councillors GS Campbell, NF Cohen, A Crowe, NH Gorey, AM Mathers and GW Wise
APOLOGIES
Councillors A Aquino and TE Weyrich
IN ATTENDANCE
The following members of staff were also in attendance:
D Bilske Acting General Manager L Palmer Director Corporate Services J Louw Director Engineering S Arkinstall Director Planning, Environment & Economic Development K Keogh Manager Office of the General Manager (Minute Secretary)
ACKNOWLEDGEMENT OF COUNTRY
The Mayor opened the meeting with an Acknowledgement of Country.
OPENING PRAYER
The Mayor held a short appropriate prayer.
LEAVE OF ABSENCE/APOLOGIES
011017 RESOLVED (Crs Mathers/Crowe) that the apologies tendered on behalf of Councillors A Aquino and TE Weyrich be accepted and that leave of absence from the meeting be granted.
This is Page No. 1 of the Minutes of the Ordinary Meeting of MURRAY RIVER COUNCIL held on Tuesday 17 October 2017 at the Moulamein Community Sporting Complex, Moulamein South Recreation Reserve, Endeavour Drive, Moulamein.
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CONFLICT OF INTERESTS DECLARATIONS
Councillor GS Campbell declared a conflict of interests in Clause 2 of the Director Planning, Environment and Economic Development Report on Moama Markets.
Councillor NF Cohen declared a conflict of interests in Clause 3 of the Director Planning, Environment and Economic Development Confidential Report on Moama Recreation Reserve.
CONFIRMATION OF MINUTES
021017 RESOLVED (Crs Gorey/Crowe) that the minutes of the Ordinary Meeting held on 26 September 2017 be confirmed as a true and correct record.
DEPUTATIONS
The deputation to Council by Mr Nicholas Rolfe regarding Clause 5 of the Director Planning, Environment and Economic Development Report was held later in the meeting.
MAYOR’S MINUTE
There was not a Mayoral Minute submitted to the meeting.
STANDING COMMITTEE REPORTS
There were no standing committee reports submitted to the meeting.
NOTICES OF MOTION/NOTICE OF RESCISSION
There were no notices of motion/notice of rescission submitted to the meeting.
ACTING GENERAL MANAGER’S REPORT
CLAUSE 1. DISCLOSURES BY COUNCILLORS AND DESIGNATED PERSONS RETURN
031017 RESOLVED (Crs Cohen/Campbell) that it be noted that Councilllors are required to submit their Disclosures by Councillors and Designated Persons Return (Pecuniary Interest Return) to the Acting General Manager by 17 October 2017.
This is Page No. 2 of the Minutes of the Ordinary Meeting of MURRAY RIVER COUNCIL held on Tuesday 17 October 2017 at the Moulamein Community Sporting Complex, Moulamein South Recreation Reserve, Endeavour Drive, Moulamein.
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CLAUSE 2. DISCLOSURES BY COUNCILLORS AND DESIGNATED PERSONS RETURN
041017 RESOLVED (Crs Mathers/Cohen) that it be noted that the Disclosures by Councillors and Designated Persons Return (Pecuniary Interest Return) for the period 1 July 2016 to 30 June 2017 were tabled at the meeting.
CLAUSE 3. LOCAL GOVERNMENT NSW – ANNUAL CONFERENCE 2017
051017 RESOLVED (Crs Campbell/Cohen) that the Council endorse the actions of the Acting General Manager in submitting the following motions by 9 October 2017 to the Local Government NSW Annual Conference: (a) That the Local Government NSW (LGNSW) lobby the NSW Government to effectively manage the issue of kangaroo numbers generally migrating to areas near water and road networks that create significant hazards to road users in rural NSW, particularly in areas where communities interface with National Parks. (b) That the Local Government NSW (LGNSW) lobby the NSW Government and the Australian Local Government Association (ALGA) seeking their assistance in advocating for the establishment of a Federal Independent Commission Against Corruption or similar body.
CLAUSE 4. RECRUITMENT OF GENERAL MANAGER – EXPRESSION OF INTEREST FOR RECRUITMENT CONSULTANT
061017 RESOLVED (Crs Mathers/Gorey) that Council undertake an invited Expression of Interest to select and engage a Recruitment Consultant to assist with the recruitment process for the position of General Manager of Murray River Council.
071017 FURTHER RESOLVED (Crs Gorey/Mathers) that the General Manager’s recruitment be facilitated by a Recruitment Consultant, in conjunction with a Council selection panel.
081017 FURTHER RESOLVED (Crs Mathers/Cohen) that the Council panel for selection of the General Manager consist of the Mayor, Deputy Mayor, two Councillors from the Greater Wakool Ward, the Recruitment Consultant representative and an independent member.
091017 FURTHER RESOLVED (Crs Crowe/Cohen) that the Council-nominated Greater Wakool Ward Councillors appointed to the Council selection panel be Councillor NH Gorey and Councillor AM Mathers.
101017 FURTHER RESOLVED (Crs Campbell/Wise) that the Council appoint the independent member for the Council selection panel.
This is Page No. 3 of the Minutes of the Ordinary Meeting of MURRAY RIVER COUNCIL held on Tuesday 17 October 2017 at the Moulamein Community Sporting Complex, Moulamein South Recreation Reserve, Endeavour Drive, Moulamein.
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111017 FURTHER RESOLVED (Crs Crowe/Wise) that the Council delegate to the Council selection panel the role of: (a) Conducting the reviews of the position description, selection criteria, special conditions and associated salary range for the position of General Manager; (b) Undertaking the selection process for the position of General Manager; (c) Reporting the findings and recommendations of the selection process for the position of General Manager to the Council for ratification; and (d) Arranging the appointment of the selected person to the position of General Manager of Murray River Council.
CLAUSE 5. PROPOSED ESTABLISHMENT OF COMMITTEES OF THE COUNCIL – FINANCE COMMITTEE AND AUDIT COMMITTEE
121017 RESOLVED (Crs Campbell/Mathers) that Council establish two additional advisory committees, with one to be named the Finance Committee and the other the Audit Committee.
131017 FURTHER RESOLVED (Crs Campbell/Wise) that the Council adopt the Terms of Reference, as attached to the report, including the proposed membership for the Finance Committee.
141017 FURTHER RESOLVED (Crs Campbell/Cohen) that the Council appoint all Councillors as members of the Finance Committee.
151017 FURTHER RESOLVED (Crs Mathers/Gorey) that the Council adopt the Terms of Reference, as attached to the report, including the proposed membership for the Audit Committee.
161017 FURTHER RESOLVED (Crs Campbell/Gorey) that the Council approve the General Manager to seek Expressions of Interest for the appointment of independent members of the Audit Committee, with Expressions of Interest to be considered by the Council for appointment as per the Terms of Reference.
171017 FURTHER RESOLVED (Crs Campbell/Mathers) that the Council appoint Councillor GS Campbell and Councillor A Crowe to fill the role of members of the Audit Committee.
CLAUSE 6. FUNDING DEED – FAMILY AND COMMUNITY SERVICES
181017 RESOLVED (Crs Crowe/Campbell): 1. That the Council approve the Deed of Variation to the Funding Deed between Family and Community Services and Murray River Council. 2. That the Council authorise the Mayor and General Manager to execute the Deed of Variation to the Funding Deed between Family and Community Services and Murray River Council, including the affixing of the Common Seal of Council to the Deed of Variation.
This is Page No. 4 of the Minutes of the Ordinary Meeting of MURRAY RIVER COUNCIL held on Tuesday 17 October 2017 at the Moulamein Community Sporting Complex, Moulamein South Recreation Reserve, Endeavour Drive, Moulamein.
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CLAUSE 7. REMEMBRANCE DAY SERVICES
191017 RESOLVED (Crs Campbell/Wise): 1. That a Councillor representative attends the Remembrance Day Service in Mathoura at the War Memorial, Soldiers Memorial Gardens on Saturday 11 November 2017, commencing at 10:45am. 2. That the Mayor attends the Remembrance Day Service in Moama at the War Memorial, Kerrabee Soundshell on Saturday 11 November 2017, commencing at 10:55am.
CLAUSE 8. MURRAY DARLING BASIN AUTHORITY – SUSTAINABLE DIVERSION LIMITS ADJUSTMENT MECHANISM – DRAFT DETERMINATION REPORT
201017 RESOLVED (Crs Crowe/Campbell): 1. That Council consider the Murray Darling Basin Authority Sustainable Diversion Limit Adjustment Mechanism Assessment – Draft Determination Report. 2. That Council make comments for inclusion in a submission in response to the Sustainable Diversion Limits Adjustment Mechanism Assessment – Draft Determination Report to meet the close of submissions on 3 November 2017.
At this stage of the meeting, being 2:02pm, the meeting was suspended to await the deputation to the Council.
DEPUTATION
At this stage of the meeting, being 2:05pm, Mr Nicholas Rolfe made a deputation to the Council regarding Clause 5 of the Director Planning, Environment and Economic Development Report – Development Application 108/13 Amendment 2.
At this stage of the meeting, being 2:10pm, the meeting resumed and immediately considered Clause 5 of the Director Planning, Environment and Economic Development Report.
This is Page No. 5 of the Minutes of the Ordinary Meeting of MURRAY RIVER COUNCIL held on Tuesday 17 October 2017 at the Moulamein Community Sporting Complex, Moulamein South Recreation Reserve, Endeavour Drive, Moulamein.
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DIRECTOR PLANNING, ENVIRONMENT & ECONOMIC DEVELOPMENT REPORT
CLAUSE 5. DEVELOPMENT APPLICATION 108/13 AMENDMENT 2 MODIFICATION: AMEND LOCATION AND DESIGN OF APPROVED DWELLING HOUSE ORIGINAL APPLICATION: SINGLE STOREY DWELLING WITH ATTACHED GARAGE LOT 129, DP 751152 OLD BARMAH ROAD, MOAMA ZONE: RU1 – PRIMARY PRODUCTION OWNER: PA BARBER APPLICANT: PETER BARBER
MOTION (Crs Mathers/Cohen) that Development Application 108/13 Amendment 2 be refused development consent, due to the following reasons: 1. The modification application is inconsistent with the considerations of Clause 7.8 Flood Planning of Murray Local Environmental Plan (LEP) 2011 as the proposal is not considered compatible with the flood hazard of the land and has the potential to result in unsustainable costs to the community as a consequence of flooding. 2. The modification application is inconsistent with the Specific Principles relating to ‘flooding’ contained with Murray REP No.2- Riverine Land due to the unacceptable flood hazard of the land and the potential cost of providing emergency services and replacing infrastructure in the event of a flood. 3. The modification application is inconsistent with the aims and controls of Murray Development Control Plan (DCP) 2012, Chapter 11 Flood Prone Land, as the development will effectively increase the impact of flooding and flood liability on the individual property owner, the dwelling is not considered to be ‘necessary’ and the development has the potential to add to cost to the community of flood events. 4. The modified development is considered to have the potential to cumulatively have a detrimental economic and social impact on the community as a result of the costs associated with flood events. 5. The subject site is not considered to be suitable for the development given the flood constraints and hazard which affects the site and surrounding land. 6. The development is not considered to be in the public interest given the potential cost to the community associated with flood events. 7. The modification is inconsistent with a specific object of the Environmental Planning and Assessment Act 1979, namely: (ii) the promotion and co-ordination of the orderly and economic use and development of land. The modification is not considered to promote and coordinate the orderly use and development of land within Murray River Council.
This is Page No. 6 of the Minutes of the Ordinary Meeting of MURRAY RIVER COUNCIL held on Tuesday 17 October 2017 at the Moulamein Community Sporting Complex, Moulamein South Recreation Reserve, Endeavour Drive, Moulamein.
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FOR: Nil AGAINST: Councillors Bilkey, Campbell, Cohen, Crowe, Gorey, Mathers and Wise
The MOTION was LOST.
211017 RESOLVED (Crs Wise/Gorey) that Development Application 108/13 Amendment 2 be approved, subject to conditions of development consent.
FOR: Councillors Bilkey, Campbell, Cohen, Crowe, Gorey, Mathers and Wise AGAINST: Nil
At this stage of the meeting, being 2:21pm, the meeting continued its consideration of the Acting General Manager’s Report.
ACTING GENERAL MANAGER’S REPORT CONTINUED
CLAUSE 9. COMMONWEALTH ENVIRONMENTAL WATER OFFICE – DISCUSSION PAPER – DEVELOPMENT OF A FRAMEWORK FOR INVESTING IN ENVIRONMENTAL ACTIVITIES
221017 RESOLVED (Crs Campbell/Cohen): 1. That Council note the Commonwealth Environmental Water Office Discussion Paper – Development of a Framework for Investing in Environmental Activities (Discussion Paper). 2. That Council provide comments for inclusion in a submission in response to the Discussion Paper in time to allow a submission to be prepared before the close off date of 30 November 2017.
OFFICER’S REPORTS
DIRECTOR CORPORATE SERVICES REPORT
CLAUSE 1. MURRAY RIVER COUNCIL – INVESTMENT POLICY
231017 RESOLVED (Crs Gorey/Campbell) that the Council adopt the Murray River Council Investment Policy.
This is Page No. 7 of the Minutes of the Ordinary Meeting of MURRAY RIVER COUNCIL held on Tuesday 17 October 2017 at the Moulamein Community Sporting Complex, Moulamein South Recreation Reserve, Endeavour Drive, Moulamein.
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CLAUSE 2. FINANCIAL STATEMENTS AND INVESTMENTS – 30 SEPTEMBER 2017
241017 RESOLVED (Crs Mathers/Wise): 1. That the report detailing Council’s cashbook balance of $57,080,649.50 as at 30 September 2017 is received by the Council. 2. That the report detailing Council’s investment balance of $57,175,529.86 as at 30 September 2017 is received by the Council.
CLAUSE 3. GOVERNMENT INFORMATION (PUBLIC ACCESS) ACT 2009 – MURRAY RIVER COUNCIL 2017/18 AGENCY INFORMATION GUIDE
251017 RESOLVED (Crs Campbell/Cohen) that the Council adopts the Murray River Council 2017/2018 Agency Information Guide in accordance with Section 21 of the Government Information (Public Access) Act 2009.
CLAUSE 4. GREATER WAKOOL WARD S355 COMMITTEES – 2017/2018 DOLLAR-FOR-DOLLAR GRANT APPLICATION
261017 RESOLVED (Crs Campbell/Cohen): 1. That Council allocates $1,350.00 from the Greater Wakool Ward S355 Committees 2017/2018 Dollar-for-Dollar Grant program to the Barham Recreation Reserve Committee to install a shelter at each of the two netball courts to provide shelter for the netball game officials at the Recreation Reserve. 2. That the Barham Recreation Reserve Committee be advised that prior to the construction of the shelters it is essential that they contact Council to ensure all approvals for the installation of the shelters, if required, are gained.
DIRECTOR PLANNING, ENVIRONMENT & ECONOMIC DEVELOPMENT REPORT CONTINUED
CLAUSE 1. DEVELOPMENTS APPROVED IN SEPTEMBER 2017
Information noted.
CLAUSE 2. MOAMA MARKETS
Councillor GS Campbell declared a pecuniary conflict of interests in this matter, as she is an adjoining land owner to the subject property, took no part in discussion, tabled a written notice to the Acting General Manager and left the meeting at 2:37pm.
This is Page No. 8 of the Minutes of the Ordinary Meeting of MURRAY RIVER COUNCIL held on Tuesday 17 October 2017 at the Moulamein Community Sporting Complex, Moulamein South Recreation Reserve, Endeavour Drive, Moulamein.
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271017 RESOLVED (Crs Mathers/Wise) that the Council determines that the preferred location of the Moama Community Markets is the current location, being the Kerrabee Soundshell.
281017 FURTHER RESOLVED (Crs Mathers/Cohen) that Council commences the process for implementing the required lease/licence requirements for the holding of the Moama Community Markets at the Kerrabee Soundshell.
At this stage of the meeting, being 2:48pm, Councillor GS Campbell returned to the meeting.
CLAUSE 3. MATHOURA CEMETERY
291017 RESOLVED (Crs Campbell/Crowe): 1. That Council commence the compulsory acquisition process to purchase a portion of the Mathoura Common to permit the expansion of the Mathoura Lawn Cemetery. 2. That the Council approve of the allocation of the required funds to permit the compulsory acquisition process to commence.
CLAUSE 4. WASTE LESS, RECYCLE MORE GRANT PROGRAM – FOOD ORGANICS GARDEN ORGANICS WASTE COLLECTION
301017 RESOLVED (Crs Campbell/Cohen): 1. That Council continues with the implementation of a third kerbside bin to cater for green and organic waste in Moama and Mathoura under the Waste Less, Recycle More grant funding. 2. That Council seek an extension of period for the completion of the Waste Less, Recycle More grant project. 3. That Council re-scope the Waste Management Strategy to encompass the whole Council area and to take into account the Memorandum of Understanding (MoU) with Gannawarra Shire Council (Victoria) for the provision of waste management services in Barham.
CLAUSE 5. DEVELOPMENT APPLICATION 108/13 AMENDMENT 2 MODIFICATION: AMEND LOCATION AND DESIGN OF APPROVED DWELLING HOUSE ORIGINAL APPLICATION: SINGLE STOREY DWELLING WITH ATTACHED GARAGE LOT 129, DP 751152 OLD BARMAH ROAD, MOAMA ZONE: RU1 – PRIMARY PRODUCTION OWNER: PA BARBER APPLICANT: PETER BARBER
This clause was dealt with in an earlier part of the meeting.
This is Page No. 9 of the Minutes of the Ordinary Meeting of MURRAY RIVER COUNCIL held on Tuesday 17 October 2017 at the Moulamein Community Sporting Complex, Moulamein South Recreation Reserve, Endeavour Drive, Moulamein.
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CLAUSE 6. SWAN HILL MURRAY DOWNS FIELD & GAME CLUB – SPONSORSHIP REQUEST
311017 RESOLVED (Crs Campbell/Wise) that Council sponsors the Swan Hill Murray Downs Field & Game Club’s November 2017 Club Shoot in the amount of $250, to come from the Council Promotion vote.
CLAUSE 7. 2018 SOUTHERN 80 WATER SKI RACE – SPONSORSHIP REQUEST
321017 RESOLVED (Crs Wise/Crowe) that Council sponsors the 2018 Southern 80 Water Ski Race in the amount of $5,000 (plus GST), as well as the provision of the usual in-kind contributions, as outlined in the report, to come from the Council Promotion vote.
CLAUSE 8. COMMUNITY LIVING & RESPITE SERVICES INC – SPONSORSHIP REQUEST
331017 RESOLVED (Crs Campbell/Wise) that Council supports the Community Living & Respite Services Inc. 12th Annual Fundraising Dinner, to be held in February 2018, with sponsorship to the value of $3,000.
CLAUSE 9. MURRAY RIVER COUNCIL – AUSTRALIA DAY CEREMONIES
341017 RESOLVED (Crs Mathers/Cohen): 1. That Council continues to support the community led 2018 Australia Day Ceremonies held in the smaller communities within the Greater Wakool Ward, with nominal funding of $200 per event. 2. That the 2018 Citizen of the Year Award pertains to the whole of the Council area. 3. That Council apply for one Australia Day Ambassador for the whole of the Council area. 4. That the main 2018 Australia Day Ceremony for Council be held in Moama.
At this stage of the meeting, being 3:21pm, the meeting adjourned for a short break.
At this stage of the meeting, being 3:39pm, the meeting resumed.
QUESTIONS ON NOTICE
There were no questions on notice submitted to the meeting.
This is Page No. 10 of the Minutes of the Ordinary Meeting of MURRAY RIVER COUNCIL held on Tuesday 17 October 2017 at the Moulamein Community Sporting Complex, Moulamein South Recreation Reserve, Endeavour Drive, Moulamein.
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CORRESPONDENCE REPORT
There was not a Correspondence Report submitted to the meeting.
SUNDRY DELEGATES REPORTS
There were no Sundry Delegates Reports submitted to the meeting.
BIRTHS & CONDOLENCES
There were no notices of births or deaths submitted to the meeting.
CONFIDENTIAL REPORTS
351017 RESOLVED (Crs Mathers/Cohen) that as provided in the Local Government Act 1993, Section 10A(2): Subsection (d)(iii), being commercial information of a confidential nature that would, if disclosed, reveal a trade secret; and Subsection (g), being advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege, and the public interest in protecting confidential information outweighs the public interest in ensuring accountability through open meetings, the Council move into Committee of the Whole at 3:39pm.
DIRECTOR CORPORATE SERVICES CONFIDENTIAL REPORT
CLAUSE 1. PROPERTY SALE
RECOMMENDED (Crs Gorey/Crowe): 1. That the Council approve of the sale of 49 Parkman Avenue, Barham, to the interested party, as outlined in the report. 2. That should the sale to the interested party, as outlined in the report, not proceed, the property at 49 Parkman Avenue, Barham, is placed on the open market for sale with a reserve price of $640,000.
FOR: Councillors Bilkey, Campbell, Cohen, Crowe, Gorey, Mathers and Wise AGAINST: Nil
This is Page No. 11 of the Minutes of the Ordinary Meeting of MURRAY RIVER COUNCIL held on Tuesday 17 October 2017 at the Moulamein Community Sporting Complex, Moulamein South Recreation Reserve, Endeavour Drive, Moulamein.
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DIRECTOR PLANNING, ENVIRONMENT & ECONOMIC DEVELOPMENT CONFIDENTIAL REPORT
CLAUSE 1. CONTRACT NO. MRC 07/17 – DESIGN AND CONSTRUCTION OF THE BARHAM RECREATION RESERVE SKATE PARK
RECOMMENDED (Crs Gorey/Mathers): 1. That Council accept and award Contract MRC 07/17 for the design and construction of the Barham Recreation Reserve Skate Park to VFG Skate Parks. 2. That Council accept the Alternate Proposal for the construction of the Skate Park that incorporates the landscaping component with a total project cost of $317,000.
FOR: Councillors Bilkey, Campbell, Cohen, Crowe, Gorey, Mathers and Wise AGAINST: Nil
CLAUSE 2. CONTRACT NO. MRC 03/17 – REVIEW AND CONSOLIDATION OF MURRAY RIVER COUNCIL’S LAND USE STRATEGIC PLAN AND LOCAL ENVIRONMENTAL PLAN
RECOMMENDED (Crs Mathers/Gorey) that Council accept the submission of Zenith Planning to complete the review and consolidation of Murray River Council’s Strategic Land Use Plan (SLUP) and Local Environmental Plan (LEP) at a cost of $172,950.00 (GST exclusive).
FOR: Councillors Bilkey, Campbell, Cohen, Crowe, Gorey, Mathers and Wise AGAINST: Nil
FURTHER RECOMMENDED (Crs Mathers/Cohen) that Council allocate the funding for the review and consolidation of Murray River Council’s Strategic Land Use Plan (SLUP) and Local Environmental Plan (LEP) over two financial years, with $100,000.00 allocated for the 2017/18 financial year from the transition fund and additional funding allocated in 2018/19 through the budget process.
FOR: Councillors Bilkey, Campbell, Cohen, Crowe, Gorey, Mathers and Wise AGAINST: Nil
This is Page No. 12 of the Minutes of the Ordinary Meeting of MURRAY RIVER COUNCIL held on Tuesday 17 October 2017 at the Moulamein Community Sporting Complex, Moulamein South Recreation Reserve, Endeavour Drive, Moulamein.
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CLAUSE 3. MOAMA RECREATION RESERVE
Councillor NF Cohen declared a less than significant non-pecuniary conflict of interests in this matter, as she is employed by the owner of a property on the Moama Recreation Reserve, tabled a written notice to the Acting General Manager at 4:10pm but continued to take part in discussion.
RECOMMENDED (Crs Campbell/Wise) that Council further investigate the matter, as outlined in the report.
FURTHER RECOMMENDED (Crs Campbell/Wise) that Council prepare a business case on the matter, as outlined in the report, and the possible impact of the use on other parts of the Council area.
FURTHER RECOMMENDED (Crs Mathers/Cohen) that Council proceed with the multi-purpose pavilion at the Moama Recreation Reserve under the Stronger Communities Fund – Major Projects.
CLAUSE 4. MOAMA RIVERSIDE CARAVAN PARK – LEASE EXTENSION
RECOMMENDED (Crs Campbell/Wise) that Council provide an extension to the existing Lease for the Riverside Caravan Park, subject to an agreed capital works program being completed with three years.
FOR: Councillors Bilkey, Cohen, Crowe, Gorey, Mathers and Wise AGAINST: Councillor Campbell
ADOPTION
361017 RESOLVED (Crs Gorey/Crowe) that the Council move into Open Council at 4:32pm.
The Acting General Manager, on behalf of the Mayor, advised the decisions of the Confidential Committee in Open Council.
371017 RESOLVED (Crs Mathers/Crowe) that the recommendations of the Confidential Committee be adopted.
This is Page No. 13 of the Minutes of the Ordinary Meeting of MURRAY RIVER COUNCIL held on Tuesday 17 October 2017 at the Moulamein Community Sporting Complex, Moulamein South Recreation Reserve, Endeavour Drive, Moulamein.
088
MINUTES of the Ordinary Meeting 17 October 2017, 1:10pm Moulamein Community Sporting Complex
THERE BEING NO FURTHER BUSINESS, THE MEETING CLOSED AT 4:33PM.
The next Ordinary Meeting of Murray River Council will be held on Tuesday 21 November 2017, commencing at 1:00pm, at the Moama Seniors Community Centre, Martin Street, Moama.
THESE MINUTES ARE SIGNED AS A TRUE AND ACCURATE RECORD OF THE PROCEEDINGS OF THE ORDINARY MEETING OF THE MURRAY RIVER COUNCIL HELD ON 17 OCTOBER 2017, IN ACCORDANCE WITH A RESOLUTION OF THE COUNCIL ON 21 NOVEMBER 2017.
...... MAYOR
This is Page No. 14 of the Minutes of the Ordinary Meeting of MURRAY RIVER COUNCIL held on Tuesday 17 October 2017 at the Moulamein Community Sporting Complex, Moulamein South Recreation Reserve, Endeavour Drive, Moulamein.
089
Section: 5. CONFIRMATION OF MINUTES
Agenda Item: Extraordinary Meeting of 14 November 2017
Attachment 6.2.1 MINUTES EXTRAORDINARY 141117d raft
090
MINUTES of the Extraordinary Meeting 14 November 2017, 4:10pm Riverside Reception Centre
PRESENT
Mayor, Councillor CR Bilkey (in the Chair) Councillors A Aquino, GS Campbell, NF Cohen, NH Gorey, AM Mathers and TE Weyrich
APOLOGIES
Councillors A Crowe and GW Wise
IN ATTENDANCE
The following members of staff were also in attendance:
D Bilske Acting General Manager L Palmer Director Corporate Services J Louw Director Engineering S Arkinstall Director Planning, Environment & Economic Development
ACKNOWLEDGEMENT OF COUNTRY
The Mayor opened the meeting with an Acknowledgement of Country.
OPENING PRAYER
The Mayor held a short appropriate prayer.
LEAVE OF ABSENCE/APOLOGIES
011117 RESOLVED (Crs Gorey/Campbell) that the apologies tendered on behalf of Councillors A Crowe and GW Wise be accepted and that leave of absence from the meeting be granted.
This is Page No. 1 of the Minutes of the Extraordinary Meeting of MURRAY RIVER COUNCIL held on Tuesday 14 November 2017 at the Riverside Reception Centre, 15 Murray Street, Barham.
091
MINUTES of the Extraordinary Meeting 14 November 2017, 4:10pm Riverside Reception Centre
CONFLICT OF INTEREST DECLARATIONS
There were no conflict of interest declarations received from the Councillors or staff on any matter within the meeting.
CONFIRMATION OF MINUTES
There were no minutes of previous meetings of the Council that required confirmation at the meeting.
DEPUTATION
There were no deputations to be made on any matter within the meeting.
MAYOR’S MINUTE
There was not a Mayoral Minute submitted to the meeting.
STANDING COMMITTEE REPORTS
There were no standing committee reports submitted to the meeting.
NOTICES OF MOTION/NOTICE OF RESCISSION
Councillors NH Gorey, A Aquino and GS Campbell submitted a Rescission Motion for consideration in the Director Corporate Services Confidential Report to this meeting.
021117 RESOLVED (Crs Gorey/Aquino) that Council rescind motion number 371017 (Director Corporate Services Confidential Report, Clause 1) of 17 October 2017, Ordinary Meeting of Murray River Council, which reads:
RECOMMENDED (Crs Gorey/Crowe): 1. That the Council approve of the sale of 49 Parkman Avenue, Barham, to the interested party, as outlined in the report. 2. That should the sale to the interested party, as outlined in the report, not proceed, the property at 49 Parkman Avenue, Barham, is placed on the open market for sale with a reserve price of $640,000.
This is Page No. 2 of the Minutes of the Extraordinary Meeting of MURRAY RIVER COUNCIL held on Tuesday 14 November 2017 at the Riverside Reception Centre, 15 Murray Street, Barham.
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MINUTES of the Extraordinary Meeting 14 November 2017, 4:10pm Riverside Reception Centre
ACTING GENERAL MANAGER’S REPORT
There was not a Acting General Manager’s Report submitted to the meeting.
OFFICER’S REPORTS
There were no Officer’s Reports submitted to the meeting.
QUESTIONS ON NOTICE
There were no questions on notice submitted to the meeting.
CORRESPONDENCE REPORT
There was not a Correspondence Report submitted to the meeting.
SUNDRY DELEGATES REPORTS
There was not a Sundry Delegates Report submitted to the meeting.
BIRTHS & CONDOLENCES
There were no notices of births or deaths submitted to the meeting.
CONFIDENTIAL REPORTS
021117 RESOLVED (Crs Cohen/Weyrich) that as provided by the Local Government Act 1993, Section 10A(2), Subsection (g), being, advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege, and the public interest in protecting confidential information outweighs the public interest in ensuring accountability through open meetings, Council move into Committee of the Whole at 4:11pm.
This is Page No. 3 of the Minutes of the Extraordinary Meeting of MURRAY RIVER COUNCIL held on Tuesday 14 November 2017 at the Riverside Reception Centre, 15 Murray Street, Barham.
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MINUTES of the Extraordinary Meeting 14 November 2017, 4:10pm Riverside Reception Centre
DIRECTOR CORPORATE SERVICES CONFIDENTIAL REPORT
CLAUSE 1. PROPERTY SALE
031117 RECOMMENDED (Cr Campbell/Gorey) that Council rescind the confidential recommendation of the Council as adopted at the Ordinary Meeting of Council of 17 October 2017 per Director Corporate Services Confidential Report, Clause 1, as follows: 1. That the Council approve of the sale of 49 Parkman Avenue, Barham, to the interested party, as outlined in the report. 2. That should the sale to the interested party, as outlined in the report, not proceed, the property at 49 Parkman Avenue, Barham, is placed on the open market for sale with a reserve price of $640,000.
041117 RECOMMENDED (Crs Campbell/Gorey) that Council agree to consent to the sale of 49 Parkman Avenue, Barham, following receipt of the letter from the National Australia Bank (NAB) confirming that funds will be made available to release settlement funds in order for the property owners to meet their obligations under the judgment to Council, as outlined in the report.
ADOPTION
051117 RESOLVED (Crs Mathers/Aquino) that Council move into Open Council at 4:24pm.
The Acting General Manager, on behalf of the Mayor, advised the decisions of the Confidential Committee in Open Council.
061117 RESOLVED (Crs Mathers/Aquino) that the recommendations of the Confidential Committee be adopted.
THERE BEING NO FURTHER BUSINESS, THE MEETING CLOSED AT 4:25PM.
THESE MINUTES ARE SIGNED AS A TRUE AND ACCURATE RECORD OF THE PROCEEDINGS OF THE EXTRAORDINARY MEETING OF THE MURRAY RIVER COUNCIL HELD ON 14 NOVEMBER 2017, IN ACCORDANCE WITH A RESOLUTION OF THE COUNCIL ON 28 NOVEMBER 2017.
...... MAYOR
This is Page No. 4 of the Minutes of the Extraordinary Meeting of MURRAY RIVER COUNCIL held on Tuesday 14 November 2017 at the Riverside Reception Centre, 15 Murray Street, Barham.
094
Section: 10. GENERAL MANAGER'S REPORT & SUPPLEMENTARY MATTERS
Agenda Item: CLAUSE 2. Draft Model Code of Conduct for Local Councils in NSW
Attachment 11.2.1 Final - Model Code of Conduct Consultation Draft.pd
095 The Model Code of Conduct for Local Councils in NSW
October 2017
CONSULTATION DRAFT 096 The Model Code of Conduct for Local Councils in NSW
CONSULTATION DRAFT
THE MODEL CODE OF CONDUCT FOR LOCAL COUNCILS IN NSW October 2017 ACCESS TO SERVICES The Office of Local Government located at: Street Address: Levels 1 & 2, 5 O’Keefe Avenue, NOWRA NSW 2541 Postal Address: Locked Bag 3015, Nowra, NSW 2541 Phone: 02 4428 4100 Fax: 02 4428 4199 TTY: 02 4428 4209 Email: [email protected] Website: www.olg.nsw.gov.au
OFFICE HOURS Monday to Friday 9.00am to 5.00pm (Special arrangements may be made if these hours are unsuitable) All offices are wheelchair accessible.
ALTERNATIVE MEDIA PUBLICATIONS Special arrangements can be made for our publications to be provided in large print or an alternative media format. If you need this service, please contact us on 02 4428 4100.
DISCLAIMER While every effort has been made to ensure the accuracy of the information in this publication, the Office of Local Government expressly disclaims any liability to any person in respect of anything done or not done as a result of the contents of the publication or the data provided.
© NSW Office of Local Government, Department of Planning and Environment 2017 Produced by the NSW Office of Local Government, Department of Planning and Environment 097 Contents
Contents
PART 1 INTRODUCTION 4
PART 2 DEFINITIONS 6
PART 3 GENERAL CONDUCT OBLIGATIONS 10
PART 4 PECUNIARY INTERESTS 14
PART 5 NON-PECUNIARY CONFLICTS OF INTEREST 22
PART 6 PERSONAL BENEFIT 28
PART 7 RELATIONSHIPS BETWEEN COUNCIL OFFICIALS 32
PART 8 ACCESS TO INFORMATION AND COUNCIL RESOURCES 36
PART 9 MAINTAINING THE INTEGRITY OF THIS CODE 42
SCHEDULE 1: DISCLOSURES OF INTEREST 46
SCHEDULE 2: FORM OF RETURN – DISCLOSURE OF INTEREST 54
SCHEDULE 3: FORM OF SPECIAL DISCLOSURE OF PECUNIARY INTEREST 58
CONSULTATION DRAFT 098 3 The Model Code of Conduct for Local Councils in NSW
Part 1: Introduction
4 099 Introduction
This Model Code of Conduct for Local Councils in NSW (“the Model Code of Conduct”) is made under section 440 of the Local Government Act 1993 (“LGA”) and the Local Government (General) Regulation 2005 (“the Regulation”).
Section 440 of the LGA requires every council to adopt a code of conduct that incorporates the provisions of the Model Code of Conduct. A council’s adopted code of conduct may include provisions that supplement the Model Code of Conduct.
A council’s adopted code of conduct has no effect to the extent that it is inconsistent with the Model Code of Conduct. However, a council’s adopted code of conduct may prescribe requirements that are more onerous than those prescribed in the Model Code of Conduct.
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Part 2: Definitions
6 101 Definitions
In the Model Code of Conduct the following definitions apply:
LGA the Local Government Act 1993 act of disorder see the definition in clause 256 of the Local Government (General) Regulation 2005 administrator an administrator of a council appointed under the Act other than an administrator appointed under section 66
Chief Executive Chief Executive of the Office of Local Government
Code means the Model Code of Conduct for Local Councils in NSW committee a council committee conflict of interest a conflict of interest exists where a reasonable and informed person would perceive that you could be influenced by a private interest when carrying out your public duty council committee a committee established by resolution of council other than a wholly advisory committee council committee member a person other than a councillor or member of staff of a council who is a member of a council committee other than a wholly advisory committee council official includes councillors, members of staff of council, administrators, council committee members, delegates of council and, for the purposes of clause 4.16, council advisers councillor any person elected or appointed to civic office, including the mayor conduct includes acts and omissions delegate of council a person (other than a councillor or member of staff of a council) or body, and the individual members of that body, to whom a function of the council is delegated designated person a person referred to in clause 4.8 election campaign includes council, state and federal election campaigns environmental planning instrument has the same meaning as in the Environmental Planning and Assessment Act 1979
CONSULTATION DRAFT 102 7 The Model Code of Conduct for Local Councils in NSW
Office Office of Local Government personal information information or an opinion about a person whose identity is apparent, or can be ascertained from the information or opinion the Procedures The Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW prescribed under the Regulation the Regulation the Local Government (General) Regulation 2005
The term “you” used in the Model Code of Conduct refers to council officials.
The phrase “this code” used in the Model Code of Conduct refers also to the Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW prescribed under the Local Government (General) Regulation 2005.
8 CONSULTATION DRAFT103 The Model Code of Conduct for Local Councils in NSW
Part 3: General Conduct Obligations
10 105 General Conduct Obligations
General conduct Harassment and 3.1 You must not conduct yourself in carrying discrimination out your functions in a manner that: 3.6 You must not harass or improperly a) is likely to bring the council or other discriminate against others, and you council officials into disrepute must not support anyone who harasses or improperly discriminates against b) is contrary to statutory requirements others. This includes, but is not limited or the council’s administrative to, harassment or discrimination on the requirements or policies grounds of sex, pregnancy, age, race, c) is improper or unethical marital status, disability, sexuality, political or other affiliation. It also d) is an abuse of power includes discrimination against those who are carers, those who identify as e) causes, comprises or involves transgender persons, and those who have intimidation or verbal abuse infectious diseases. f) involves the misuse of your position to 3.7 For the purposes of this code, obtain a personal benefit “harassment” is any form of behaviour g) constitutes harassment or bullying towards a person that is: behaviour under this code, or is a) not wanted by the person improperly discriminatory. b) offends, humiliates or intimidates the 3.2 You must act lawfully and honestly, and person, and exercise a reasonable degree of care and diligence in carrying out your functions c) creates a hostile environment. under the LGA or any other Act. (section 439). Bullying 3.8 You must not engage in bullying Fairness and equity behaviour towards another 3.3 You must consider issues consistently, council official. promptly and fairly. You must deal with matters in accordance with established 3.9 For the purposes of this code, “bullying procedures, in a non-discriminatory manner. behaviour” is any behaviour in which:
3.4 You must take all relevant facts known a) a person or a group of people to you, or that you should be reasonably repeatedly behaves unreasonably aware of, into consideration and have towards another council official or a regard to the particular merits of each group of council officials and case. You must not take irrelevant matters b) the behaviour creates a risk to health or circumstances into consideration when and safety. making decisions. 3.10 Bullying behaviour may involve, but is 3.5 An act or omission in good faith, whether not limited to, any of the following types or not it involves error, will not constitute of behaviour: a breach of clauses 3.3 or 3.4. a) aggressive or intimidating conduct
b) belittling or humiliating comments
CONSULTATION DRAFT 106 11 The Model Code of Conduct for Local Councils in NSW
c) spreading malicious rumours b) take reasonable care that your acts or omissions do not adversely affect the d) teasing, practical jokes or health and safety of other persons ‘initiation ceremonies’ c) comply, so far as you are reasonably e) exclusion from work-related events able, with any reasonable instruction f) unreasonable work expectations, that is given to ensure compliance including too much or too little work, with the WH&S Act and any policies or or work below or beyond a worker’s procedures adopted by the council to skill level ensure workplace health and safety
g) displaying offensive material d) cooperate with any reasonable policy or procedure of the council relating h) pressure to behave in an to workplace health or safety that you inappropriate manner. have been notified of
3.11 Reasonable management action carried e) report accidents, incidents, out in a reasonable manner does not near misses, to the general constitute bullying behaviour for the manager and take part in any purposes of this code. Examples of incident investigations. reasonable management action may include, but are not limited to: Land use planning, a) performance management processes development b) disciplinary action for misconduct assessment and other c) informing a worker about unsatisfactory work performance or regulatory functions inappropriate work behaviour 3.13 You must ensure that land use planning, d) directing a worker to perform duties development assessment and other in keeping with their job regulatory decisions are properly made, and that all parties are dealt e) maintaining reasonable workplace with fairly. You must avoid any occasion goals and standards. for suspicion of improper conduct in the exercise of land use planning, development assessment and other Work health and safety regulatory functions. 3.12 All council officials, including councillors, 3.14 In exercising land use planning, owe statutory duties under the Work development assessment and other Health and Safety Act 2011 (WH&S Act). regulatory functions, you must You must comply with your duties under ensure that no action, statement or the WH&S Act and your responsibilities communication between yourself under any policies or procedures adopted and others conveys any suggestion by the council to ensure workplace health of willingness to improperly provide and safety. Specifically, you must: concessions or preferential or unduly a) take reasonable care for your own unfavourable treatment. health and safety 3.15 You must keep a written record of all meetings and other communications with applicants or objectors to planning
12 CONSULTATION DRAFT107 General Conduct Obligations
applications. Councillors must disclose 3.20 Clause 3.17 does not apply to a decision in writing any meetings and other to elect the mayor or deputy mayor, or to communications with applicants or nominate a person to be a member of a objectors to a planning application council committee or a representative of at a council or committee meeting the council on an external body. where the planning application is under consideration. Obligations in relation 3.16 For the purposes of clause 3.15, a “planning application” is: to meetings 3.21 You must comply with rulings by the chair a) an application for development at council and committee meetings or consent, or for the modification of a other proceedings of the council. development consent, or 3.22 You must not harass the chair, other b) an application for a complying council officials or any members of development certificate, or an the public present during council application for the modification of a or committee meetings or other complying development certificate, or proceedings of the council. c) a formal request to initiate the 3.23 You must not engage in conduct that making of an environmental planning disrupts council or committee meetings instrument or development control or other proceedings of the council, or plan in relation to development on a that would otherwise be inconsistent with particular site. the orderly conduct of meetings.
3.24 If you are a councillor, you must not Binding caucus votes engage in any acts of disorder or other 3.17 You must not participate in binding caucus conduct that is intended to prevent the votes in relation to matters to be considered proper or effective functioning of the at a council or committee meeting. council, or of a committee of the council. Without limiting this clause, you must not: 3.18 For the purposes of clause 3.17, a binding caucus vote is a process whereby a group a) leave a meeting of the council or of councillors are compelled by a threat a committee for the purposes of of disciplinary or other adverse action to depriving the meeting of a quorum, or comply with a predetermined position on a matter before the council or committee, b) submit a rescission motion with irrespective of the personal views of respect to a decision for the purposes individual members of the group on the of voting against it to prevent merits of the matter before the council another councillor from submitting a or committee. rescission motion with respect to the same decision, or 3.19 Clause 3.17 does not prohibit councillors from discussing a matter before the c) submit a large number of notices council or committee prior to considering of motion, questions with notice or the matter in question at a council or other business for consideration at a committee meeting, or from voluntarily meeting of the council or a committee holding a shared view with other for the purposes of impeding the councillors on the merits of a matter. consideration of other business in the agenda for the meeting.
CONSULTATION DRAFT 108 13 The Model Code of Conduct for Local Councils in NSW
Part 4: Pecuniary Interests
14 109 Pecuniary Interests
4.5 You will not have a pecuniary interest What is a pecuniary in relation to a person referred to in interest? subclauses 4.3(b) or (c): 4.1 A pecuniary interest is an interest (a) if you are unaware of the relevant that you have in a matter because of a pecuniary interest of your spouse, reasonable likelihood or expectation of de facto partner, relative, partner, appreciable financial gain or loss to you employer or company or other body, or a person referred to in clause 4.3. or
4.2 You will not have a pecuniary interest in (b) just because the person is a member a matter if the interest is so remote or of, or is employed by, a council or a insignificant that it could not reasonably statutory body, or is employed by the be regarded as likely to influence any Crown, or decision you might make in relation to (c) just because the person is a member the matter, or if the interest is of a kind of, or a delegate of a council to, a specified in clause 4.6. company or other body that has a 4.3 For the purposes of this Part, you will pecuniary interest in the matter, so have a pecuniary interest in a matter if long as the person has no beneficial the pecuniary interest is: interest in any shares of the company or body. (a) your interest, or
(b) the interest of your spouse or de facto partner, your relative, or your partner What interests do not or employer, or have to be disclosed? (c) a company or other body of which 4.6 You do not have to disclose the following you, or your nominee, partner or interests for the purposes of this Part: employer, is a member. (a) your interest as an elector 4.4 For the purposes of clause 4.3: (b) your interest as a ratepayer or person (a) Your “relative” is any of the following: liable to pay a charge
i) your parent, grandparent, brother, (c) an interest you have in any matter sister, uncle, aunt, nephew, niece, relating to the terms on which the lineal descendant or adopted child provision of a service or the supply of goods or commodities is offered to ii) your spouse’s or de facto partner’s the public generally, or to a section of parent, grandparent, brother, the public that includes persons who sister, uncle, aunt, nephew, niece, are not subject to this code lineal descendant or adopted child (d) an interest you have in any matter iii) the spouse or de factor partner of relating to the terms on which the a person referred to in paragraphs provision of a service or the supply (i) and (ii). of goods or commodities is offered to your relative by the council in the (b) “de facto partner” has the same same manner and subject to the same meaning as defined in section 21C of conditions as apply to persons who the Interpretation Act 1987. are not subject to this code
CONSULTATION DRAFT 110 15 The Model Code of Conduct for Local Councils in NSW
(e) an interest you have as a member i) the performance by the council at of a club or other organisation or the expense of your relative of any association, unless the interest is as work or service in connection with the holder of an office in the club or roads or sanitation organisation (whether remunerated or not) ii) security for damage to footpaths or roads (f) if you are a council committee member, an interest you have as iii) any other service to be rendered, a person chosen to represent the or act to be done, by the council community, or as a member of a by or under any Act conferring non-profit organisation or other functions on the council, or by or community or special interest group, under any contract if you have been appointed to (j) an interest relating to the payment represent the organisation or group of fees to councillors (including the on the council committee mayor and deputy mayor)
(g) an interest you have relating to a (k) an interest relating to the payment contract, proposed contract or other of expenses and the provision of matter, if the interest arises only facilities to councillors (including because of a beneficial interest in the mayor and deputy mayor) in shares in a company that does not accordance with a policy under exceed 10 per cent of the voting rights section 252 of the LGA, in the company (l) an interest relating to an election to (h) an interest you have arising from the the office of mayor arising from the proposed making by the council of fact that a fee for the following 12 an agreement between the council months has been determined for the and a corporation, association or office of mayor partnership, being a corporation, association or partnership that has (m) an interest of a person arising from more than 25 members, if the interest the passing for payment of a regular arises because your relative is a account for the wages or salary of shareholder (but not a director) of an employee who is a relative of the corporation, or is a member (but the person not a member of the committee) of (n) an interest arising from being covered the association, or is a partner of by, or a proposal to be covered by, the partnership indemnity insurance as a councillor or (i) an interest you have arising from the a council committee member making by the council of a contract (o) an interest arising from the or agreement with your relative for, appointment of a councillor to a body or in relation to, any of the following, as a representative or delegate of but only if the proposed contract or the council, whether or not a fee or agreement is similar in terms and other recompense is payable to the conditions to such contracts and representative or delegate. agreements as have been made, or as are proposed to be made, by the 4.7 For the purposes of clause 4.6, council in respect of similar matters “relative” has the same meaning as in with other residents of the area: clause 4.4, but includes your spouse or de facto partner.
16 CONSULTATION DRAFT111 Pecuniary Interests
4.10 A designated person must as soon as What disclosures practicable disclose in writing to the must be made by a general manager (or if the person is the general manager, to the council) the designated person? nature of any pecuniary interest the person has in any council matter with 4.8 Designated persons include: which the person is dealing. (a) the general manager 4.11 Clause 4.10 does not require a designated (b) other senior staff of the council for the person who is a member of staff of the purposes of section 332 of the LGA council to disclose a pecuniary interest if the interest relates only to the person’s (c) a person (other than a member of the salary as a member of staff, or to his or senior staff of the council) who is a her other conditions of employment. member of staff of the council or a delegate of the council and who holds 4.12 The general manager must, on receiving a a position identified by the council as disclosure from a designated person, deal the position of a designated person with the matter to which the disclosure because it involves the exercise relates or refer it to another person to of functions (such as regulatory deal with. functions or contractual functions) 4.13 A disclosure by the general manager that, in their exercise, could give rise must, as soon as practicable after the to a conflict between the person’s disclosure is made, be laid on the table at duty as a member of staff or delegate a meeting of the council and the council and the person’s private interest must deal with the matter to which the (d) a person (other than a member of disclosure relates or refer it to another the senior staff of the council) who person to deal with. is a member of a committee of the council identified by the council as a committee whose members are What disclosures must designated persons because the functions of the committee involve be made by council staff the exercise of the council’s functions other than designated (such as regulatory functions or contractual functions) that, in their persons? exercise, could give rise to a conflict 4.14 A member of staff of council, other than between the member’s duty as a a designated person, must disclose in member of the committee and the writing to their supervisor or the general member’s private interest. manager the nature of any pecuniary interest they have in a matter they are 4.9 A designated person: dealing with as soon as practicable. (a) must prepare and submit written 4.15 The staff member’s supervisor or the returns of interests in accordance with general manager must, on receiving a clauses 4.21, and disclosure under clause 4.14, deal with (b) must disclose pecuniary interests in the matter to which the disclosure relates accordance with clause 4.10. or refer it to another person to deal with.
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(b) must disclose pecuniary interests What disclosures must in accordance with clause 4.29 and be made by council comply with clause 4.30. advisers? Disclosure of interests in 4.16 A person who, at the request or with the consent of the council or a council written returns committee, gives advice on any matter at 4.21 A councillor or designated person any meeting of the council or committee, must make and lodge with the general must disclose the nature of any pecuniary manager a return in the form set out interest the person has in the matter to the in schedule 2 to this code, disclosing meeting at the time the advice is given. the councillor’s or designated person’s The person is not required to disclose the interests as specified in schedule 1 to this person’s interest as an adviser. code within 3 months after: 4.17 A person does not breach clause 4.16 if (a) becoming a councillor or designated the person did not know, and could not person, and reasonably be expected to have known, that the matter under consideration at (b) 30 June of each year, and the meeting was a matter in which he or she had a pecuniary interest. (c) the councillor or designated person becoming aware of an interest they are required to disclose What disclosures must under schedule 1 that has not been previously disclosed in a return be made by a council lodged under paragraphs (a) or (b). committee member? 4.22 A person need not make and lodge a 4.18 A council committee member must return under clause 4.21, paragraphs (a) disclose pecuniary interests in and (b) if: accordance with clause 4.29 and comply (a) they made and lodged a return under with clause 4.30. that clause in the preceding 3 months, 4.19 For the purposes of clause 4.18, a “council or committee member” includes a member (b) they have ceased to be a councillor or of staff of council. designated person in the preceding 3 months.
What disclosures 4.23 A person must not make and lodge a must be made by a return that the person knows or ought reasonably to know is false or misleading councillor? in a material particular.
4.20 A councillor: 4.24 The general manager must keep a register of returns required to be made (a) must prepare and submit written and lodged with the general manager. returns of interests in accordance with clause 4.21, and
18 CONSULTATION DRAFT113 Pecuniary Interests
4.25 Returns required to be lodged with the 4.30 The councillor or council committee general manager under clause 4.21(a) and member must not be present at, or in (b) must be tabled at the first meeting of sight of, the meeting of the council the council after the last day the return is or committee: required to be lodged. (a) at any time during which the matter is 4.26 Returns required to be lodged with the being considered or discussed by the general manager under clause 4.21(c) council or committee, or must be tabled at a council meeting as soon as practicable after the return (b) at any time during which the council is lodged. or committee is voting on any question in relation to the matter. 4.27 The general manager must cause the information contained in returns made 4.31 A disclosure made at a meeting of a and lodged by councillors and the council or council committee must be general manager under clause 4.21, recorded in the minutes of the meeting. other than information disclosing the 4.32 A general notice may be given to the address of the councillor’s or general general manager in writing by a councillor manager’s principal place of residence, or a council committee member to the to be published on the council’s website effect that the councillor or council as soon as practicable after the returns committee member, or the councillor’s or are lodged. The general manager must council committee member’s spouse, de cause the information published on the facto partner or relative, is: council’s website to be kept up to date. (a) a member of, or in the employment of, 4.28 Information contained in returns made a specified company or other body, or and lodged by designated persons other than the general manager is not to be (b) a partner of, or in the employment of, publicly disclosed (including in the a specified person. tabling of the returns under clauses 4.25 Such a notice is, unless and until the and 4.26) unless the council decides notice is withdrawn, sufficient disclosure to grant access to the information in of the councillor’s or council committee response to an access request made member’s interest in a matter relating to under the Government Information the specified company, body or person (Public Access) Act 2009. that may be the subject of consideration by the council or council committee after Disclosure of pecuniary the date of the notice. interests at meetings 4.33 A councillor or a council committee member is not prevented from being 4.29 A councillor or a council committee present at and taking part in a meeting member who has a pecuniary interest at which a matter is being considered, in any matter with which the council or from voting on the matter, merely is concerned, and who is present at a because the councillor or council meeting of the council or committee at committee member has an interest in the which the matter is being considered, matter of a kind referred to in clause 4.6. must disclose the nature of the interest to the meeting as soon as practicable.
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4.34 A person does not breach clauses 4.29 4.37 A special disclosure of a pecuniary or 4.30 if the person did not know, interest made for the purposes of clause and could not reasonably be expected 4.36(c) must: to have known, that the matter under consideration at the meeting was (a) be in the form set out in schedule 3 of a matter in which he or she had a this code and contain the information pecuniary interest. required by that form, and
4.35 Despite clause 4.30, a councillor who (b) be laid on the table at a meeting of has a pecuniary interest in a matter may the council as soon as practicable participate in a decision to delegate after the disclosure is made, and consideration of the matter in question to a copy of the special disclosure is another body or person. to be recorded in the minutes of the meeting. 4.36 Clause 4.30 does not apply to a councillor who has a pecuniary interest in a matter 4.38 The Minister for Local Government may, that is being considered at a meeting if: conditionally or unconditionally, allow a councillor or a council committee (a) the matter is a proposal relating to: member who has a pecuniary interest in a matter with which the council is (i) the making of a principal concerned to be present at a meeting of environmental planning the council or committee, to take part instrument applying to the whole in the consideration or discussion of the or a significant portion of the matter and to vote on the matter if the council’s area, or Minister is of the opinion:
(ii) the amendment, alteration or (a) that the number of councillors repeal of an environmental prevented from voting would be so planning instrument where great a proportion of the whole as to the amendment, alteration or impede the transaction of business, or repeal applies to the whole or a significant portion of the council’s (b) that it is in the interests of the area, and electors for the area to do so.
(b) the pecuniary interest arises only because of an interest of the councillor in the councillor’s principal place of residence or an interest of another person (whose interests are relevant under clause 4.3) in that person’s principal place of residence, and
(c) the councillor made a special disclosure under clause 4.37 in relation to the interest before the commencement of the meeting.
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Part 5: Non-pecuniary Conflicts of Interest
22 117 Non-pecuniary Conflicts of Interest
5.7 If a disclosure is made at a council or What is a non-pecuniary committee meeting, both the disclosure conflict of interest? and the nature of the interest must be recorded in the minutes. This disclosure 5.1 Non-pecuniary interests are private or constitutes disclosure in writing for the personal interests a council official has purposes of clause 5.6. that do not amount to a pecuniary interest as defined in clause 4.1 of this code. These 5.8 How you manage a non-pecuniary conflict commonly arise out of family or personal of interest will depend on whether or not relationships, or out of involvement in it is significant. sporting, social or other cultural groups 5.9 As a general rule, a non-pecuniary conflict and associations, and may include an of interest will be significant interest of a financial nature. where it does not involve a pecuniary interest for the 5.2 A non-pecuniary conflict of interest purposes of clause 4.1, but it involves: exists where a reasonable and informed a) a relationship between a council person would perceive that you could official and another person that is be influenced by a private interest when particularly close, for example, a carrying out your public duty. current or former spouse or de facto 5.3 Non-pecuniary conflicts of interest must partner, a relative for the purposes be identified and appropriately managed of clause 4.4 or another person from to uphold community confidence in the the council official’s extended family probity of council decision-making. that the council official has a close The onus is on you to identify any non- personal relationship with, or another pecuniary conflict of interest you may person living in the same household have in matters that you deal with, to b) other relationships that are particularly disclose the interest fully and in writing, close, such as friendships and business and to take appropriate action to manage relationships. Closeness is defined the conflict in favour of your public duty. by the nature of the friendship or 5.4 When considering whether or not you business relationship, the frequency have a non-pecuniary conflict of interest, of contact and the duration of the it is always important to think about how friendship or relationship others would view your situation. c) an affiliation between the council 5.5 The political views of a councillor do official and an organisation, sporting not constitute a private interest for the body, club, corporation or association purposes of clause 5.2. that is particularly strong, including, but not limited to, active participation in its management or administration Managing non-pecuniary and other activities conflicts of interest d) a financial interest that is not a 5.6 Where you have a non-pecuniary conflict pecuniary interest for the purposes of of interest for the purposes of clause 5.2, clause 4.1. you must disclose the relevant private e) the conferral or loss of a personal interest fully and in writing as soon benefit other than one conferred or as practicable. lost as a member of the community or a broader class of people affected by a decision.
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5.10 If you have a significant non-pecuniary 5.15 Where a councillor has received or conflict of interest, you must manage it in knowingly benefitted from a reportable one of two ways: political donation:
a) by removing yourself from a) made by a major political donor in the consideration of the matter in which previous four years, and you have a significant non-pecuniary b) where the major political donor has a conflict of interest and arranging to matter before council, have your duties in relation to the matter allocated to another person, or the councillor must declare a non- pecuniary conflict of interest, disclose b) if the significant non-pecuniary the nature of the interest, and conflict of interest arises in relation to manage a matter you are required to consider the conflict of interest as if they had at a council or committee meeting, a pecuniary interest in the matter by . by managing the conflict of interest complying with clauses 4.29 and 4.30 as if you had a pecuniary interest in 5.16 For the purposes of this Part: the matter by complying with clauses 4.29 and 4.30. a) a “reportable political donation” is a “reportable political donation” for the 5.11 If you determine that you have a non- purposes of section 86 of the Election pecuniary conflict of interest in a matter Funding, Expenditure and Disclosures that is not significant and does not Act 1981 require further action, when disclosing the interest you must also explain why b) a “major political donor” is a “major you consider that the non-pecuniary political donor” for the purposes of conflict of interest is not significant and section 84 of the Election Funding, does not require further action in the Expenditure and Disclosures Act 1981. circumstances. 5.17 Councillors should note that political 5.12 If you are a member of staff of council, the donations below $1000, or political decision on which option should be taken donations to a registered political party or to manage a non-pecuniary conflict of group by which a councillor is endorsed, interest must be made in consultation with may still give rise to a non-pecuniary your manager. conflict of interest. Councillors should determine whether or not such conflicts 5.13 Despite clause 5.10(b), a councillor who are significantfor the purposes of clause has a significant non-pecuniary conflict 5.9 and take the appropriate action to of interest in a matter, may participate in manage them. a decision to delegate consideration of the matter in question to another body or 5.18 If a councillor has received or knowingly person. benefitted from a reportable political donation of the kind referred to in clause 5.15, that councillor is not prevented from Political donations participating in a decision to delegate 5.14 Councillors should be aware that consideration of the matter in question to matters before council or committee another person (see clause 5.13 above). meetings involving their political donors may also give rise to a non-pecuniary conflict of interest.
24 CONSULTATION DRAFT119 Non-pecuniary Conflicts of Interest
conflict of interest in the matter is Loss of quorum as a permitted to participate in consideration result of compliance of the matter if: with this Part a) the matter is a proposal relating to 5.19 Where a majority of councillors is i) the making of a principal precluded from consideration of a matter environmental planning instrument by compliance with a requirement under applying to the whole or a this Part, the council or committee must significant portion of the council’s resolve to delegate consideration of the area, or matter in question to another person. ii) the amendment, alteration or 5.20 Where a majority of councillors repeal of an environmental is precluded under this Part from planning instrument where consideration of a matter, and the matter the amendment, alteration or in question concerns the exercise of a repeal applies to the whole or a function that may not be delegated under significant portion of the council’s section 377 of the LGA, the councillors area, and may apply in writing to the Chief b) the non-pecuniary conflict of interest Executive to be exempted from complying arises only because of an interest that with a requirement under this Part relating a person has in that person’s principal to the management of a non-pecuniary place of residence, and conflict of interest. c) the councillor discloses the interest 5.21 The Chief Executive will only exempt they have in the matter that would a councillor from complying with a otherwise have precluded their requirement under this Part where: participation in consideration of the a) compliance by councillors with a matter under this Part in accordance requirement under the Part in relation with clause 5.6. to a matter will result in the loss of a quorum, and Other business or b) the matter relates to the exercise of a function of the council that may not employment be delegated under section 377 of 5.24 The general manager must not engage, the Act. for remuneration, in private employment or contract work outside the service 5.22 Where the Chief Executive exempts of the council without the approval of a councillor from complying with a the council. requirement under this Part, the councillor must still disclose any interests they have 5.25 A member of staff must not engage, for in the matter the exemption applies to, in remuneration, in private employment or accordance with clause 5.6. contract work outside the service of the council that relates to the business of the 5.23 A councillor who would otherwise be council or that might conflict with the precluded from participating in the staff member’s council duties unless he or consideration of a matter under this she has notified the general manager in Part because they have a non-pecuniary writing of the employment or work.
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5.26 The general manager may at any way other members of the community time prohibit a member of staff from deal with the council. In particular, you engaging, for remuneration, in private must not: employment or contract work outside the service of the council that relates to a) access council information for the business of the council, or that might personal purposes conflict with the member’s council duties. b) undertake personal dealings with the 5.27 A member of staff must not engage, for council during work time, or remuneration, in private employment or c) approach council staff in staff only contract work outside the service of the areas to discuss your personal council if prohibited from doing so. dealings with the council.
5.28 Members of staff must ensure that any You must also ensure that you disclose outside employment or business they and appropriately manage any conflict engage in will not: of interest you may have in any matter a) conflict with their official duties in accordance with the requirements of this code. b) involve using confidential information or council resources obtained through their work with the council
c) require them to work while on council duty
d) discredit or disadvantage the council
e) pose, due to fatigue, a risk to their health or safety, or to the health and safety of their co-workers.
Personal dealings with council 5.29 You may have reason to deal with your council in your personal capacity (for example, as a ratepayer, recipient of a council service or applicant for a development consent granted by council). You must not expect or request preferential treatment in relation to any matter in which you have a private interest because of your position. You must avoid any action that could lead members of the public to believe that you are seeking preferential treatment.
5.30 You must undertake any personal dealings you have with the council in a manner that is consistent with the
26 CONSULTATION DRAFT121 The Model Code of Conduct for Local Councils in NSW
Part 6: Personal Benefit
28 123 Personal Benefit
For the purposes of this section, a reference g) personally benefit from reward points to a gift or benefit does not include a political programs when purchasing on behalf donation for the purposes of the Election of the council. Funding, Expenditure and Disclosures Act 1981. 6.4 Where you are offered or receive a gift or benefit, you must disclose this Gifts and benefits promptly to your supervisor or the general manager in writing. The recipient, 6.1 You must avoid situations giving rise to supervisor, or general manager must the appearance that a person or body, ensure that, at a minimum, the following through the provision of gifts, benefits or details are recorded in the council’s hospitality of any kind, is attempting to gift register: secure favourable treatment from you or from the council. a) whether the gift was accepted or refused 6.2 You must take all reasonable steps to ensure that your immediate family b) the nature of the gift members do not receive gifts or benefits that give rise to the appearance of c) the estimated monetary value of being an attempt to secure favourable the gift treatment. Immediate family members d) the name of the person who offered include parents, spouses or de facto the gift, and partners, children and siblings. e) the date on which the gift was offered How are offers of gifts or received. 6.5 Where you receive a gift or benefit of and benefits to be value that cannot reasonably be refused or returned, the gift or benefit must be dealt with? surrendered to the council, unless the 6.3 You must not: nature of the gift or benefit makes this impractical. a) seek or accept a bribe or other improper inducement
b) seek gifts or benefits of any kind Token gifts and benefits 6.6 Generally speaking, token gifts and c) accept any gift or benefit that may benefits include: create a sense of obligation on your part, or may be perceived to be a) one or more gifts or benefits received intended or likely to influence you in from a person over a 12-month period carrying out your public duty that do not exceed a cumulative value of $50. d) accept any gift or benefit of value b) free or subsidised meals, beverages or e) accept an offer of cash or a cash-like refreshments provided in conjunction gift, regardless of the amount with:
f) participate in competitions for i) the discussion of official business prizes where eligibility is based on the council being in a customer– ii) council work-related events such as supplier relationship with the council-sponsored events, training, competition organiser education sessions or workshops
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iii) conferences codes with a ticket value that exceeds $50, corporate hospitality at a corporate iv) council functions or events facility at major sporting events, v) social functions organised discounted products for personal use, by groups, such as council the frequent use of facilities such as committees and community gyms, the use of holiday homes, free or organisations discounted travel.)
c) invitations to and attendance at 6.10 Clause 6.9 does not apply to events that local social, cultural or sporting have been organised or sponsored by events with a ticket value that does the council, where the person is required not exceed $50 to attend the event for the purposes of performing their official functions. d) gifts of single bottles of alcohol to individual council officials at end of 6.11 For the purposes of this Part, the value of year functions, public occasions or a gift or benefit is the monetary value of in recognition of work done (such as the gift or benefit inclusive of GST. providing a lecture/training session/ address) that do not exceed a value of $50 “Cash-like gifts” 6.12 For the purposes of clause 6.3(e), “cash- e) ties, scarves, coasters, tie pins, diaries, like gifts” include but are not limited to, chocolates or flowers gift vouchers, credit cards, debit cards with credit on them, prepayments such as f) prizes that do not exceed phone or internal credit, memberships or $50 in value. entitlements to discounts.
Gifts and benefits Improper and of value undue influence 6.7 Gifts or benefits that exceed $50 in value 6.13 You must not use your position to influence are to be treated as gifts or benefits of other council officials in the performance value and must not be accepted. of their public or professional duties to 6.8 Where you have accepted a token gift obtain a private benefit for yourself or for or benefit from a person, you must not somebody else. A councillor will not be in accept a further gift or benefit from breach of this clause where they seek to the same person or another person influence other council officialsthrough associated with that person within a the proper exercise of their role as single 12-month period where the value prescribed under the LGA. of the gift, added to the value of earlier 6.14 You must not take advantage (or seek to gifts received from the same person or take advantage) of your status or position a person associated with that person, with council, or of functions you perform during the same 12-month period would for council, in order to obtain a private exceed $50 in value. benefit for yourself or for any other 6.9 Gifts and benefits of value include, person or body. but are not limited to, tickets to major sporting events (such as international matches or matches in national sporting
30 CONSULTATION DRAFT125 The Model Code of Conduct for Local Councils in NSW
Part 7: Relationships Between Council Officials
32 127 Relationships Between Council Officials
necessary for the external auditor Obligations of or audit, risk and improvement councillors and committee to effectively perform their functions. administrators 7.1 Each council is a body politic. The councillors or administrator/s are the Obligations of staff governing body of the council. Under 7.3 Under section 335 of the LGA, the section 223 of the LGA, the role of the role of the general manager includes governing body of the council includes conducting the day-to-day management the development and endorsement of the of the council in accordance with the strategic plans, programs, strategies and strategic plans, programs, strategies and policies of the council, including those policies of the council, implementing relating to workforce policy. without undue delay, lawful decisions of the council and ensuring that the 7.2 Councillors or administrators must not: mayor and other councillors are given timely information and advice and the a) direct council staff other than by administrative and professional support giving appropriate direction to the necessary to effectively discharge their general manager in the performance official functions. of the council’s functions by way of council or committee resolution, or by 7.4 Members of staff of council must: the mayor or administrator exercising their power under section 226 of the a) give their attention to the business of LGA (section 352) the council while on duty
b) in any public or private forum, direct b) ensure that their work is carried or influence, or attempt to direct or out efficiently, economically influence, any other member of the and effectively staff of the council or a delegate of the c) carry out lawful directions given by council in the exercise of the functions any person having authority to give of the staff member or delegate such directions c) contact a member of the staff of the d) give effect to the lawful decisions, council on council-related business policies and procedures of the council, unless in accordance with the policy whether or not the staff member and procedures governing the agrees with or approves of them interaction of councillors and council staff that have been authorised by the e) ensure that any participation in council and the general manager political activities outside the service of the council does not conflict with d) contact or issue instructions to any the performance of their official duties. of council’s contractors or tenderers, including council’s legal advisers, unless by the mayor or administrator Inappropriate exercising their power under section 226 of the LGA. Councillors may interactions contact the council’s external auditor 7.5 You must not engage in any of the or the chair of the council’s audit following inappropriate interactions: risk and improvement committee to provide information reasonably
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a) councillors and administrators j) councillors attending on-site approaching staff and staff inspection meetings with lawyers organisations to discuss individual or and/or consultants engaged by the operational staff mattersincluding council associated with current or but not limited to industrial relations proposed legal proceedings unless matters such as grievances, workplace permitted to do so by the council’s investigations and disciplinary matters general manager or, in the case of the mayor or administrator, unless they b) council staff approaching councillors are exercising their functions under and administrators to discuss section 226 of the LGA. individual or operational staff matters including but not limited to industrial relations matters such as grievances, workplace investigations and disciplinary matters
c) subject to clause 8.6, council staff refusing to give information that is available to other councillors to a particular councillor
d) councillors and administrators who have lodged a development application with council, discussing the matter with council staff in staff-only areas of the council
e) councillors and administrators being overbearing or threatening to council staff
f) councillors and administrators making personal attacks on council staff in public forums including social media
g) councillors and administrators directing or pressuring council staff in the performance of their work, or recommendations they should make
h) council staff providing ad hoc advice to councillors and administrators without recording or documenting the interaction as they would if the advice was provided to a member of the community
i) council staff meeting with applicants or objectors alone AND outside office hours to discuss applications or proposals
34 CONSULTATION DRAFT129 The Model Code of Conduct for Local Councils in NSW
Part 8: Access To Information and Council Resources
36 131 Access To Information and Council Resources
public, or the council has determined to Councillor and make the information available under the administrator access GIPA Act. to information Councillors and 8.1 The general manager is responsible for ensuring that councillors and administrators to administrators can access information necessary for the performance of their properly examine and official functions. The general manager and public officer are also responsible consider information for ensuring that members of the public 8.7 Councillors and administrators must can access publicly available council ensure that they comply with their information under the Government duty under section 439 of the LGA to Information (Public Access) Act 2009 act honestly and exercise a reasonable (the GIPA Act). degree of care and diligence by properly examining and considering all the 8.2 The general manager must provide information provided to them relating to councillors and administrators with the matters that they are required to make a information necessary to effectively decision on. discharge their official functions.
8.3 Members of staff of council must provide full and timely information to Refusal of access councillors and administrators sufficient to documents to enable them to exercise their official 8.8 Where the general manager or public functions and in accordance with officer determine to refuse access to council procedures. a document sought by a councillor or 8.4 Members of staff of council who provide administrator, they must act reasonably. any information to a particular councillor In reaching this decision they must take in the performance of their official into account whether or not the document functions must also make it available to sought is required for the councillor or any other councillor who requests it and in administrator to perform their official accordance with council procedures. functions (see clause 8.2). The general manager or public officer must state 8.5 Councillors and administrators who the reasons for the decision if access have a private interest only in council is refused. information have the same rights of access as any member of the public. Use of certain 8.6 Notwithstanding clause 8.4, councillors who are precluded from participating council information in the consideration of a matter under 8.9 In regard to information obtained in your this code because they have a pecuniary capacity as a council official, you must: or significant non-pecuniary conflict of interest in the matter, are not entitled to a) only access council information access to council information in relation needed for council business to the matter unless the information is otherwise available to members of the b) not use that council information for private purposes
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c) not seek or obtain, either directly g) not disclose any information or indirectly, any financial benefit or discussed during a confidential other improper advantage for yourself, session of a council or or any other person or body, from any committee meeting or any other information to which you have access confidential forum. by virtue of your office or position with council Personal information d) only release council information in 8.12 When dealing with personal information accordance with established council you must comply with: policies and procedures and in compliance with relevant legislation. a) the Privacy and Personal Information Protection Act 1998
Use and security of b) the Health Records and Information confidential information Privacy Act 2002 c) the Information Protection Principles 8.10 You must maintain the integrity and and Health Privacy Principles security of confidential documents or information in your possession, or for d) the council’s privacy management plan which you are responsible. e) the Privacy Code of Practice for Local 8.11 In addition to your general obligations Government relating to the use of council information, you must: Use of council resources a) only access confidential information that you have been authorised 8.13 You must use council resources ethically, to access and only do so for the effectively, efficiently and carefully in the purposes of exercising your official course of your official duties, and must functions not use them for private purposes (except when supplied as part of a contract of b) protect confidential information employment) unless this use is lawfully authorised and proper payment is made c) only release confidential information if where appropriate. you have authority to do so 8.14 Union delegates and consultative d) only use confidential information for committee members may have reasonable the purpose for which it is intended to access to council resources for the be used purposes of carrying out their industrial e) not use confidential information responsibilities, including but not gained through your official position limited to: for the purpose of securing a private a) the representation of members with benefit for yourself or for any respect to disciplinary matters other person b) the representation of employees with f) not use confidential information respect to grievances and disputes with the intention to cause harm or detriment to the council or any other c) functions associated with the role of person or body the local consultative committee.
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8.15 You must be scrupulous in your use of 8.21 You must not use social media to post council property, including intellectual comments, photos, sound recordings or property, official services and facilities, other information that: and must not permit their misuse by any other person or body. a) compromises your capacity to perform your official duties in an 8.16 You must avoid any action or situation unbiased manner that could create the appearance that council property, official services or public b) has the potential to have a negative facilities are being improperly used for impact on your working relationships your benefit or the benefit of any other within the council or with person or body. external parties
8.17 You must not use council resources, c) is offensive, humiliating, threatening property or facilities for the purpose or intimidating to other council of assisting your election campaign or officials or those that deal with the election campaigns of others unless the council the resources, property or facilities are d) has the capacity to damage the otherwise available for use or hire by the council’s reputation or contains public and any publicly advertised fee is content about the council that may be paid for use of the resources, property misleading or deceptive or facility. e) divulges confidential 8.18 You must not use the council letterhead, council information council crests or other information that could give the appearance it is official f) breaches the privacy of other council material for: council officials or those that deal with council a) the purpose of assisting your election campaign or the election campaign of g) contains allegations of suspected others, or breaches of this code or information about the consideration of a matter b) for other non-official purposes. under this code, or
8.19 You must not convert any property h) could be perceived to be an official of the council to your own use unless comment on behalf of the council properly authorised. where you have not been authorised to make such comment. Internet access and use of social media 8.20 You must not use council’s computer resources or other mobile devices to search for, access, download or communicate any material of an offensive, obscene, pornographic, threatening, abusive or defamatory nature, or that could otherwise lead to criminal penalty or civil liability and/or damage the council’s reputation.
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Council record keeping 8.22 All information received in your official capacity is a council record and must be managed in accordance with the council’s approved record management practices and policies.
8.23 All information stored in either soft or hard copy on council supplied resources is deemed to be related to the business of the council and can be used by the council as a council record regardless of whether the original intention was to create the information for personal purposes.
Councillor access to council buildings 8.24 Councillors and administrators are entitled to have access to the council chamber, committee room, mayor’s office (subject to availability), councillors’ rooms, and public areas of council’s buildings during normal business hours and for meetings. Councillors and administrators needing access to these facilities at other times must obtain authority from the general manager.
8.25 Councillors and administrators must not enter staff-only areas of council buildings without the approval of the general manager (or delegate) or as provided in the procedures governing the interaction of councillors and council staff.
8.26 Councillors and administrators must ensure that when they are within a staff area they refrain from conduct that could be perceived to improperly influence council staff decisions.
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Part 9: Maintaining the Integrity of This Code
42 137 Maintaining the Integrity of This Code
9.1 You must not conduct yourself in a manner that is likely to undermine Detrimental action confidence in the integrity of this code or 9.4 You must not take detrimental action its administration. or cause detrimental action to be taken against a person substantially in reprisal for a complaint they have made under Complaints made for an this code. improper purpose 9.5 You must not take detrimental action 9.2 You must not make a complaint or cause a or cause detrimental action to be taken complaint to be made under this code for against a person substantially in reprisal an improper purpose. for any function they have exercised under this code. 9.3 For the purposes of clause 9.2, a complaint is made for an improper 9.6 For the purposes of clauses 9.4 and 9.5, purpose where it is trivial, frivolous, a detrimental action is an action causing, vexatious or not made in good faith, or comprising or involving any of the where it otherwise lacks merit and has following: been made substantially for one or more a) injury, damage or loss of the following purposes: b) intimidation or harassment a) to intimidate or harass another council official c) discrimination, disadvantage or adverse treatment in relation b) to damage another council to employment official’s reputation d) dismissal from, or prejudice in, c) to obtain a political advantage employment d) to influence a council official in the e) disciplinary proceedings. exercise of their official functions or to prevent or disrupt the exercise of those functions Compliance with e) to influence the council in the exercise requirements under of its functions or to prevent or disrupt the exercise of those functions this code
f) to avoid disciplinary action under 9.7 You must not engage in conduct that this code is calculated to impede or disrupt the consideration of a matter under this code. g) to take reprisal action against a person for making a complaint under 9.8 You must comply with a reasonable this code and lawful request made by a person exercising a function under the h) to take reprisal action against a Procedures. A failure to make a written person for exercising a function or oral submission invited under the prescribed under the Procedures for Procedures will not constitute a breach of the administration of this code this clause.
i) to prevent or disrupt the effective 9.9 You must comply with a practice administration of this code. ruling made by the Office.
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9.10 Where you are a councillor or the general manager, you must comply with any Complaints alleging a council resolution requiring you to take breach of this part action as a result of a breach of this code. 9.15 Complaints alleging a breach of this Part by a councillor, the general manager or Disclosure of an administrator are to be managed by the Office.The Office may delegate the information about consideration of an alleged breach of this Part to the general manager, the mayor or the consideration of a to another person. matter under this code 9.16 Complaints alleging a breach of this 9.11 All allegations of breaches of this Part by other council officialsare to be code must be dealt with under and in managed by the general manager. accordance with the Procedures.
9.12 You must not allege breaches of this code other than by way of a complaint made or initiated under the Procedures.
9.13 You must not make allegations about, or disclose information about, suspected breaches of this code at council, committee or other meetings, whether open to the public or not, or in any other forum, whether public or not.
9.14 You must not disclose information about a complaint you have made under this code or a matter being considered under this code except for the purposes of seeking legal advice, unless the disclosure is otherwise permitted under the Procedures.
44 CONSULTATION DRAFT139 The Model Code of Conduct for Local Councils in NSW
Schedule 1: Disclosures of Interest
46 141 Schedule 1
e) the exercise by a person of a general Part 1: Preliminary power of appointment over property in favour of another person Definitions f) a transaction entered into by a person 1. For the purposes of the schedules to this who intends by the transaction to code, the following definitions apply: diminish, directly or indirectly, the address means: value of the person’s own property and to increase the value of the a) in relation to a person other than a property of another person. corporation, the last residential or business address of the person known gift means a disposition of property to the councillor or designated person made otherwise than by will (whether disclosing the address, or or not by instrument in writing) without consideration, or with inadequate b) in relation to a corporation, the consideration, in money or money’s address of the registered office of the worth passing from the person to whom corporation in New South Wales or, if the disposition was made to the person there is no such office, the address of who made the disposition, but does not the principal office of the corporation include a financial or other contribution to in the place where it is registered, or travel.
c) in relation to any real property, the interest means: street address of the property. a) in relation to property, an estate, de facto partner has the same meaning as interest, right or power, at law or in defined in section 21C of the Interpretation equity, in or over the property, or Act 1987. b) in relation to a corporation, a relevant disposition of property means a interest (within the meaning of section conveyance, transfer, assignment, 9 of the Corporations Act 2001 of the settlement, delivery, payment or other Commonwealth) in securities issued or alienation of property, including the made available by the corporation. following: listed company means a company that a) the allotment of shares in a company is listed within the meaning of section 9 of the Corporations Act 2001 of b) the creation of a trust in respect the Commonwealth. of property includes trade, profession c) the grant or creation of a lease, occupation and vocation. mortgage, charge, easement, licence, power, partnership or interest in professional or business association respect of property means an incorporated or unincorporated body or organisation having as one of d) the release, discharge, surrender, its objects or activities the promotion of forfeiture or abandonment, at law or the economic interests of its members in in equity, of a debt, contract or chose any occupation. in action, or of an interest in respect of property property includes money.
return date means:
CONSULTATION DRAFT 142 47 The Model Code of Conduct for Local Councils in NSW
a) in the case of a return made under a reference to any real property situated clause 4.21(a), the date on which in Australia in which the councillor or a person became a councillor or designated person has an interest. designated person 4. Gifts, loans etc. from related b) in the case of a return made under corporations: For the purposes of clause 4.21(b), 30 June of the year in this schedule and schedule 2, gifts or which the return is made contributions to travel given, loans made, or goods or services supplied, to c) in the case of a return made under a councillor or designated person by two clause 4.21(c), the date on which or more corporations that are related to the councillor or designated person each other for the purposes of section became aware of the interest to 50 of the Corporations Act 2001 of the be disclosed. Commonwealth are all given, made or relative includes any of the following: supplied by a single corporation.
a) a person’s spouse or de facto partner Part 2: Pecuniary b) a person’s parent, grandparent, brother, sister, uncle, aunt, nephew, interests to be disclosed niece, lineal descendant or adopted child in returns
c) a person’s spouse’s or de facto Real property partner’s parent, grandparent, brother, 5. A person making a return under clause sister, uncle, aunt, nephew, niece, lineal 4.21 of this code must disclose: descendant or adopted child a) the street address of each parcel of d) the spouse or de factor partner of a real property in which he or she had person referred to in paragraphs (b) an interest on the return date, and and (c). b) the street address of each parcel of travel includes accommodation incidental real property in which he or she had to a journey. an interest in the period since 30 June of the previous financial year, and Matters relating to the interests that must be included in returns c) the nature of the interest. 2. Interests etc. outside New South Wales: A 6. An interest in a parcel of real property reference in this schedule or in schedule 2 need not be disclosed in a return if the to a disclosure concerning a corporation person making the return had the interest or other thing includes any reference to only: a disclosure concerning a corporation a) as executor of the will, or administrator registered, or other thing arising or of the estate, of a deceased person received, outside New South Wales. and not as a beneficiary under the will 3. References to interests in real property: or intestacy, or A reference in this schedule or in schedule 2 to real property in which a councillor or designated person has an interest includes
48 CONSULTATION DRAFT143 Schedule 1
b) as a trustee, if the interest was Contributions to travel acquired in the ordinary course of an occupation not related to his or 12. A person making a return under clause her duties as the holder of a position 4.21 of this code must disclose: required to make a return. a) the name and address of each person 7. An interest in a parcel of real property who made any financial or other need not be disclosed in a return if contribution to the expenses of any the person ceased to hold the interest travel undertaken by the person in the prior to becoming a councillor or period since 30 June of the previous designated person. financial year, and
8. For the purposes of clause 5 of this b) the dates on which the travel was schedule, “interest” includes an option undertaken, and to purchase. c) the names of the states and territories, and of the overseas Gifts countries, in which the travel was undertaken. 9. A person making a return under clause 4.21 of this code must disclose: 13. A financial or other contribution to any travel need not be disclosed under this a) a description of each gift received clause if it: in the period since 30 June of the previous financial year, and a) was made from public funds (including a contribution arising from travel on b) the name and address of the donor of free passes issued under an Act or each of the gifts. from travel in government or council 10. A gift need not be included in a return if: vehicles), or
a) it did not exceed $1000, unless it was b) was made by a relative of the traveller, among gifts totalling more than $1000 or made by the same person during a c) was made in the ordinary course of period of 12 months or less, or an occupation of the traveller that is b) it was a political donation disclosed, not related to his or her functions as or required to be disclosed, under Part the holder of a position requiring the 6 of the Election Funding Expenditure making of a return, or and Disclosures Act 1981, or d) did not exceed $500, unless it was c) the donor was a relative of the donee, among gifts totalling more than $500 or made by the same person during a 12-month period or less, or d) subject to paragraph (a), it was received prior to the person becoming e) was a political donation disclosed, or a councillor or designated person. required to be disclosed, under Part 6 of the Election Funding Expenditure 11. For the purposes of clause 10 of this and Disclosures Act 1981, or schedule, the amount of a gift other than money is an amount equal to the value of f) was made by a political party of which the property given. the traveller was a member and the travel was undertaken for the purpose of political activity of the party in New
CONSULTATION DRAFT 144 49 The Model Code of Conduct for Local Councils in NSW
South Wales, or to enable the traveller c) prohibited from paying any dividend to represent the party within Australia, to its members. or 17. An interest in a corporation need not be g) subject to paragraph (d) it was disclosed if the interest is a beneficial received prior to the person becoming interest in shares in a company that does a councillor or designated person. not exceed 10 per cent of the voting rights in the company. 14. For the purposes of clause 13 of this schedule, the amount of a contribution 18. An interest or a position in a corporation (other than a financial contribution) need not be disclosed if the person is an amount equal to the value of ceased to hold the interest or position the contribution. prior to becoming a councillor or designated person. Interests and positions in corporations Interests as a property 15. A person making a return under clause developer or a close associate 4.21 of this code must disclose: of a property developer 19. A person making a return under clause a) the name and address of each 4.21 of this code must disclose whether corporation in which he or she had an they were a property developer, or a interest or held a position (whether close associate of a corporation that is a remunerated or not) on the return property developer, on the return date. date, and 20. For the purposes of clause 19: b) the name and address of each corporation in which he or she had an close associate of a corporation means interest or held a position in the period each of the following: since 30 June of the previous financial year, and a) a director or officer of the corporation, or a related body corporate of the c) the nature of the interest, or corporation, or the spouse of such a the position held, in each of the director or officer corporations, and b) a person whose voting power in d) a description of the principal objects the corporation, or a related body (if any) of each of the corporations, corporate of the corporation, is except in the case of a listed company. greater than 20% or the spouse of such a person 16. An interest in, or a position held in, a corporation need not be disclosed if the c) if the corporation is a trustee, manager corporation is: or responsible entity in relation to a trust—a person who holds more a) formed for the purpose of providing than 20% of the units in the trust recreation or amusement, or for (in the case of a unit trust) or is a promoting commerce, industry, art, beneficiary of the trust (in the case of science, religion or charity, or for any a discretionary trust) other community purpose, and d) if the corporation or a related body b) required to apply its profits or other corporate of the corporation is a income in promoting its objects, and stapled entity in relation to a stapled
50 CONSULTATION DRAFT145 Schedule 1
security—a person who holds more Dispositions of real property than 20% of the units in the trust that is the other stapled entity. 23. A person making a return under clause 4.21 of this code must disclose particulars officer, related body corporate and of each disposition of real property by voting power have the same meanings as the person (including the street address they have in the Corporations Act 2001 of of the affected property) in the period the Commonwealth. since 30 June of the previous financial year, under which he or she wholly or property developer means a person partly retained the use and benefit of engaged in a business that regularly the property or the right to re-acquire involves the making of relevant planning the property. applications by or on behalf of the person in connection with the residential or 24. A person making a return under clause commercial development of land, with the 4.21 of this code must disclose particulars ultimate purpose of the sale or lease of of each disposition of real property to the land for profit. another person (including the street address of the affected property) in the spouse of a person includes a de facto period since 30 June of the previous partner of that person. financial year, that is made under arrangements with, but is not made by, Positions in trade unions the person making the return, being and professional or business a disposition under which the person associations making the return obtained wholly or partly the use of the property. 21. A person making a return under clause 4.21 of the code must disclose: 25. A disposition of real property need not be disclosed if it was made prior a) the name of each trade union, and to a person becoming a councillor or of each professional or business designated person. association, in which he or she held any position (whether remunerated or not) on the return date, and Sources of income 26. A person making a return under clause b) the name of each trade union, and 4.21 of this code must disclose: of each professional or business association, in which he or she a) each source of income that the person has held any position (whether reasonably expects to receive in the remunerated or not) in the period period commencing on the first day since 30 June of the previous financial after the return date and ending on year, and the following 30 June, and
c) a description of the position held in b) each source of income received by the each of the unions and associations. person in the period since 30 June of the previous financial year. 22. A position held in a trade union or a professional or business association need 27. A reference in clause 26 of this schedule not be disclosed if the person ceased to to each source of income received, or hold the position prior to becoming a reasonably expected to be received, by a councillor or designated person. person is a reference to:
CONSULTATION DRAFT 146 51 The Model Code of Conduct for Local Councils in NSW
a) in relation to income from an Debts occupation of the person: 31. A person making a return under clause (i) a description of the occupation, 4.21 of this code must disclose the name and and address of each person to whom the person was liable to pay any debt: (ii) if the person is employed or the holder of an office, the name and a) on the return date, and address of his or her employer, or a description of the office, and b) at any time in the period since 30 June of the previous financial year. (iii) if the person has entered into a partnership with other persons, 32. A liability to pay a debt must be disclosed the name (if any) under which the by a person in a return made under clause partnership is conducted, or 4.21 whether or not the amount, or any part of the amount, to be paid was due b) in relation to income from a trust, the and payable on the return date or at any name and address of the settlor and the time in the period since 30 June of the trustee, or previous financial year, as the case may be. c) in relation to any other income, a description sufficient to identify the 33. A liability to pay a debt need not be person from whom, or the circumstances disclosed by a person in a return if: in which, the income was, or is reasonably expected to be, received. a) the amount to be paid did not exceed $1000 on the return date or in the 28. The source of any income need not period since 30 June of the previous be disclosed by a person in a return if financial year, as the case may be, the amount of the income received, or unless: reasonably expected to be received, by the person from that source did not (i) the debt was one of two or more exceed $1000, or is not reasonably debts that the person was liable expected to exceed $1000, as the case to pay to one person on the return may be. date, or at any time in the period since 30 June of the previous 29. The source of any income received by the financial year, as the case may be, person that they ceased to receive prior and to becoming a councillor or designated person need not be disclosed. (ii) the amounts to be paid exceeded, in the aggregate, $1000, or 30. A fee paid to a councillor or to the mayor or deputy mayor under sections 248 or b) the person was liable to pay the debt 249 of the LGA need not be disclosed. to a relative, or
52 CONSULTATION DRAFT147 Schedule 1
c) in the case of a debt arising from a loan of money the person was liable to pay the debt to an authorised deposit- taking institution or other person whose ordinary business includes the lending of money, and the loan was made in the ordinary course of business of the lender, or
d) in the case of a debt arising from the supply of goods or services:
(i) the goods or services were supplied in the period of 12 months immediately preceding the return date, or were supplied in the period since 30 June of the previous financial year, as the case may be, or
(ii) the goods or services were supplied in the ordinary course of any occupation of the person that is not related to his or her duties as the holder of a position required to make a return, or
e) subject to paragraph (a), the debt was discharged prior to the person becoming a councillor or designated person.
Discretionary disclosures 34. A person may voluntarily disclose in a return any interest, benefit, advantage or liability, whether pecuniary or not, that is not required to be disclosed under another provision of this Schedule.
CONSULTATION DRAFT 148 53 The Model Code of Conduct for Local Councils in NSW
Schedule 2: Form of Return – Disclosure of Interest
54 149 Schedule 2
‘Disclosures by councillors and 7 If there are no pecuniary interests or other matters of the kind required to be designated persons’ return disclosed under a heading in this form, 1 The pecuniary interests and other the word “NIL” is to be placed in an matters to be disclosed in this return are appropriate space under that heading. prescribed by Schedule 1 of the Model Code of Conduct for Local Councils in 8 “*” means delete whichever is NSW (the Model Code of Conduct). inapplicable. 2 If this the first return you have been Important information required to lodge with the general manager after becoming a councillor This information is being collected for the or designated person, do not complete purpose of complying with clause 4.21 of the Parts C, D and I of the return. All other Model Code of Conduct. parts of the return should be completed You must not lodge a return that you know or with appropriate information based on ought reasonably to know is false or misleading your circumstances at the return date, in a material particular (see clause 4.23 of the that is, the date on which you became a Model Code of Conduct). Complaints about councillor or designated person. breaches of these requirements are to be 3 If you have previously lodged a return referred to the Office of Local Government with the general manager and you are and may result in disciplinary action by the completing this return for the purposes council, the Chief Executive of the Office of disclosing a new interest that was not of Local Government or the NSW Civil and disclosed in the last return you lodged Administrative Tribunal. with the general manager, you must The information collected on this form will be complete all parts of the return with kept by the general manager in a register of appropriate information for the period returns. The general manager is required to from 30 June of the previous financial table all returns at a council meeting. year to the return date which is the date you became aware of the new interest to If you are a councillor or the general manager, be disclosed in your updated return. information in this return other than information about your principal place of residence will be 4 If you have previously lodged a return with published on the council’s website. the general manager and are submitting a new return for the new financial year, you If you are a designated person other than the must complete all parts of the return with general manager, information in this return is not appropriate information for the 12-month to be publicly disclosed by the council unless the period commencing on 30 June of the council decides to grant access in response to previous year to 30 June this year. an access request made under the Government Information (Public Access) Act 2009. 5 This form must be completed using block letters or typed. You have an obligation to keep the information contained in this return up to date. If you 6 If there is insufficient space for all the become aware of a new interest that must information you are required to disclose, be disclosed in this return, or an interest that you must attach an appendix which is to you have previously failed to disclose, you be properly identified and signed by you. must submit an updated return within three months of becoming aware of the previously undisclosed interest.
CONSULTATION DRAFT 150 55 The Model Code of Conduct for Local Councils in NSW
Disclosure of pecuniary interests and other matters by [full name of councillor or designated person]
*as at [return date]
*in respect of the period from [date] to [date]
[councillor’s or designated person’s signature]
[date]
A. Real Property
Street address of each parcel of real property in which I had an interest *at Nature of interest the return date/*at any time since 30 June
B. Sources of income
1 *Sources of income I reasonably expect to receive from an occupation in the period commencing on the first day after the return date and ending on the following 30 June:
*Sources of income I received from an occupation at any time since 30 June:
Name under Name and address of employer which partnership Description of occupation or description of office held (if conducted (if applicable) applicable)
2 *Sources of income I reasonably expect to receive from a trust in the period commencing on the first day after the return date and ending on the following 30 June:
*Sources of income I received from a trust since 30 June: Name and address of settlor Name and address of trustee
3 *Sources of other income I reasonably expect to receive in the period commencing on the first day after the return date and ending on the following 30 June:
*Sources of other income I received at any time since 30 June:
[Include description sufficient to identify the person from whom, or the circumstances in which, that income was received]
C. Gifts
Description of each gift I received at any time since Name and address of donor 30 June
56 CONSULTATION DRAFT151 Schedule 2
D. Contributions to travel
Name of States, Name and address of each person Territories of the who made any financial or other Commonwealth and Dates on which travel was undertaken contribution to any travel undertaken overseas countries by me at any time since 30 June in which travel was undertaken
E. Interests and positions in corporations
Description of Name and address of each corporation principal objects (if in which I had an interest or held a Nature of interest Description of any) of corporation position *at the return date/*at any (if any) position (if any) (except in case of time since 30 June listed company)
F. Were you a property developer or a close associate of a corporation that is a property developer on the return date? (Y/N)
G. Positions in trade unions and professional or business associations
Name of each trade union and each professional or business association in which I held any position (whether Description of position remunerated or not) *at the return date/*at any time since 30 June
H. Debts
Name and address of each person to whom I was liable to pay any debt *at the return date/*at any time since 30 June
I. Dispositions of property
1 Particulars of each disposition of real property by me (including the street address of the affected property) at any time since 30 June as a result of which I retained, either wholly or in part, the use and benefit of the property or the right to re-acquire the property at a later time
2 Particulars of each disposition of property to a person by any other person under arrangements made by me (including the street address of the affected property), being dispositions made at any time since 30 June, as a result of which I obtained, either wholly or in part, the use and benefit of the property
J. Discretionary disclosures
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Schedule 3: Form of Special Disclosure of Pecuniary Interest
58 CONSULTATION DRAFT153 Schedule 2
1 This form must be completed using block letters or typed.
2 If there is insufficient space for all the information you are required to disclose, you must attach an appendix which is to be properly identified and signed by you.
Important Information This information is being collected for the purpose of making a special disclosure of pecuniary interests under clause 4.36(c) of the Model Code of Conduct for Local Councils in NSW (the Model Code of Conduct).
The special disclosure must relate to a pecuniary interest that arises only because of an interest of the councillor in the councillor’s principal place of residence, or an interest of another person (whose interests are relevant under clause 4.3 of the Model Code of Conduct) in that person’s principal place of residence.
You must not make a special disclosure that you know or ought reasonably to know is false or misleading in a material particular. Complaints about breaches of these requirements are to be referred to the Office of Local Government and may result in disciplinary action by the Chief Executive of the Office of Local Government or the NSW Civil and Administrative Tribunal.
This form must be completed by you before the commencement of the council or council committee meeting in respect of which the special disclosure is being made. The completed form must be tabled at the meeting. Everyone is entitled to inspect it. The special disclosure must be recorded in the minutes of the meeting.
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Special disclosure of pecuniary interests by [full name of councillor] in the matter of [insert name of environmental planning instrument] which is to be considered at a meeting of the [name of council or council committee (as the case requires)] to be held on the day of 20 .
Pecuniary interest
Address of land in which councillor or an associated person, company or body has a proprietary interest (the identified land)1 Councillor has interest in the land (e.g. is owner or has other interest arising out of a mortgage, lease, trust, option or contract, or otherwise). Relationship of identified land to councillor Associated person of councillor has interest in [Tick or cross one box.] the land.
Associated company or body of councillor has interest in the land.
Matter giving rise to pecuniary interest2
Current zone/planning control [Insert name of current planning instrument and identify relevant zone/planning control applying to the subject land] Proposed change of zone/planning control [Insert name of proposed LEP and identify proposed change of zone/planning control applying to the subject land] Effect of proposed change of zone/planning control on councillor or associated person
[Insert one of the following: “Appreciable financial gain” or “Appreciable financial loss”]
[If more than one pecuniary interest is to be declared, reprint the above box and fill in for each additional interest.]
Councillor’s signature
Date
[This form is to be retained by the council’s general manager and included in full in the minutes of the meeting]
60 CONSULTATION DRAFT155 Schedule 2
1 Clause 4.1 of the Model Code of Conduct provides that a pecuniary interest is an interest that a person has in a matter because of a reasonable likelihood or expectation of appreciable financial gain or loss to the person. A person does not have a pecuniary interest in a matter if the interest is so remote or insignificant that it could not reasonably be regarded as likely to influence any decision the person might make in relation to the matter, or if the interest is of a kind specified in clause 4.6 of the Model Code of Conduct (for example, an interest as an elector or as a ratepayer or person liable to pay a charge).
2 Clause 4.3 of the Model Code of Conduct provides that you may have a pecuniary interest in a matter because of the pecuniary interest of your spouse or your de facto partner or your relative or because your business partner or employer has a pecuniary interest. You may also have a pecuniary interest in a matter because you, your nominee, your business partner or your employer is a member of a company or other body that has a pecuniary interest in the matter.
3 “Relative” is defined by clause 4.4 of the Model Code of Conduct as meaning your, your spouse’s or your de facto partner’s parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descendant or adopted child and the spouse or de facto partner of any of those persons.
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CONSULTATION DRAFT157
Section: 10. GENERAL MANAGER'S REPORT & SUPPLEMENTARY MATTERS
Agenda Item: CLAUSE 2. Draft Model Code of Conduct for Local Councils in NSW
Attachment 11.2.2 Final - Procedures Consultati on Draft.pd
158 Procedures for the Administration of The Model Code of Conduct for Local Councils in NSW
October 2017
CONSULTATION DRAFT 159 Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW
CONSULTATION DRAFT
PROCEDURES FOR THE ADMINISTRATION OF THE MODEL CODE OF CONDUCT FOR LOCAL COUNCILS IN NSW October 2017 ACCESS TO SERVICES The Office of Local Government located at: Street Address: Levels 1 & 2, 5 O’Keefe Avenue, NOWRA NSW 2541 Postal Address: Locked Bag 3015, Nowra, NSW 2541 Phone: 02 4428 4100 Fax: 02 4428 4199 TTY: 02 4428 4209 Email: [email protected] Website: www.olg.nsw.gov.au
OFFICE HOURS Monday to Friday 9.00am to 5.00pm (Special arrangements may be made if these hours are unsuitable) All offices are wheelchair accessible.
ALTERNATIVE MEDIA PUBLICATIONS Special arrangements can be made for our publications to be provided in large print or an alternative media format. If you need this service, please contact us on 02 4428 4100.
DISCLAIMER While every effort has been made to ensure the accuracy of the information in this publication, the Office of Local Government expressly disclaims any liability to any person in respect of anything done or not done as a result of the contents of the publication or the data provided.
© NSW Office of Local Government, Department of Planning and Environment 2017 Produced by the NSW Office of Local Government, Department of Planning and Environment 160 Contents
Contents
PART 1 INTRODUCTION 4
PART 2 DEFINITIONS 6
PART 3 ADMINISTRATIVE FRAMEWORK 8
PART 4 HOW MAY CODE OF CONDUCT COMPLAINTS BE MADE? 12
PART 5 HOW ARE CODE OF CONDUCT COMPLAINTS TO BE MANAGED? 16
PART 6 PRELIMINARY ASSESSMENT OF CODE OF CONDUCT COMPLAINTS ABOUT COUNCILLORS OR THE GENERAL MANAGER BY CONDUCT REVIEWERS 24
PART 7 INVESTIGATIONS OF CODE OF CONDUCT COMPLAINTS ABOUT COUNCILLORS OR THE GENERAL MANAGER 30
PART 8 OVERSIGHT AND RIGHTS OF REVIEW 40
PART 9 PROCEDURAL IRREGULARITIES 44
PART 10 PRACTICE DIRECTIONS 46
PART 11 REPORTING STATISTICS ON CODE OF CONDUCT COMPLAINTS ABOUT COUNCILLORS AND THE GENERAL MANAGER 48
PART 12 CONFIDENTIALITY 50
CONSULTATION DRAFT 161 3 Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW
Part 1: Introduction
4 162 Introduction
These procedures (“the Model Code Procedures”) are prescribed for the administration of the Model Code of Conduct for Local Councils in NSW (“the Model Code of Conduct”).
The Model Code of Conduct is made under section 440 of the Local Government Act 1993 (“the Act”) and the Local Government (General) Regulation 2005 (“the Regulation”). Section 440 of the Act requires every council to adopt a code of conduct that incorporates the provisions of the Model Code of Conduct.
The Model Code Procedures are made under section 440AA of the Act and the Regulation. Section 440AA of the Act requires every council to adopt procedures for the administration of their codes of conduct that incorporate the provisions of the Model Code Procedures.
In adopting procedures for the administration of their adopted codes of conduct, councils may supplement the Model Code Procedures. However, provisions that are not consistent with those prescribed under the Model Code Procedures will have no effect.
Note: Parts 6, 7, 8 and 11 of these Model Code Procedures apply only to the management of code-of-conduct complaints about councillors (including the mayor) or the general manager.
CONSULTATION DRAFT 163 5 Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW
Part 2: Definitions
6 164 Definitions
For the purposes of the procedures, the following definitions apply: the Act the Local Government Act 1993 administrator an administrator of a council appointed under the Act other than an administrator appointed under section 66 code of conduct a code of conduct adopted under section 440 of the Act code of conduct complaint a complaint that is a code of conduct complaint for the purposes of clauses 4.1 and 4.2 of these procedures complainant a person who makes a code of conduct complaint complainant councillor a councillor who makes a code of conduct complaint complaints coordinator a person appointed by the general manager under these procedures as a complaints coordinator conduct reviewer a person appointed under these procedures to review allegations of breaches of the code of conduct by councillors or the general manager council committee a committee established by resolution of council other than a wholly advisory committee council committee member a person other than a councillor or member of staff of a council who is a member of a council committee other than a wholly advisory committee councillor a person elected or appointed to civic office and includes a mayor council official any councillor, member of staff of council, administrator, council committee member, delegate of council and, for the purposes of clause 4.16 of the Model Code of Conduct, council adviser delegate of council a person (other than a councillor or member of staff of a council) or body and the individual members of that body to whom a function of the council is delegated the Office the Office of Local Government investigator a conduct reviewer the Regulation the Local Government (General) Regulation 2005 subject person a person whose conduct is the subject of investigation by a conduct reviewer under these procedures
CONSULTATION DRAFT 165 7 Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW
Part 3: Administrative Framework
8 166 Administrative Framework
3.6 A person is not eligible to be a conduct The establishment of reviewer if they are: a panel of conduct a) a councillor, or reviewers b) a nominee for election as a councillor, 3.1 The council must by resolution establish a or panel of conduct reviewers. c) an administrator, or 3.2 The council may by resolution enter into d) an employee of a council, or an arrangement with one or more other councils to share a panel of conduct e) a member of the Commonwealth reviewers including through a regional Parliament or any State Parliament or body associated with the councils. Territory Assembly, or
3.3 The panel of conduct reviewers is to be f) a nominee for election as a member established following a public expression of the Commonwealth Parliament of interest process. or any State Parliament or Territory Assembly, or 3.4 An expression of interest for members of the council’s panel of conduct reviewers g) a person who has a conviction for must, at a minimum, be advertised locally an indictable offence that is not an and in the Sydney metropolitan area. expired conviction.
3.5 To be eligible to be a conduct reviewer, 3.7 A person is not precluded from being a a person must, at a minimum, meet the member of the council’s panel of conduct following requirements: reviewers if they are a member of another council’s panel of conduct reviewers. a) an understanding of local government, and 3.8 A panel of conduct reviewers established under this Part is to have a term of up to b) knowledge of investigative processes four years. including but not limited to procedural fairness requirements and the 3.9 The council may terminate the panel requirements of the Public Interest of conduct reviewers at any time Disclosures Act 1994, and by resolution.
c) knowledge and experience of one or 3.10 When the term of the conduct reviewers more of the following: concludes or is terminated, the council must establish a new panel of conduct i) investigations reviewers in accordance with the ii) law requirements of this Part.
iii) public administration 3.11 A person who was a member of a previous panel of conduct reviewers established iv) public sector ethics by the council may be a member of subsequent panels of conduct reviewers v) alternative dispute resolution, and established by the council. d) meet the eligibility requirements for membership of a panel of conduct reviewers under clause 3.6.
CONSULTATION DRAFT 167 9 Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW
The appointment of complaints coordinators 3.12 The general manager must appoint a member of staff of the council oranother person (such as, but not limited to, a member of staff of another council or a regional body associated with the council), to act as a complaints coordinator. Where the complaints coordinator is a member of staff of the council, the complaints coordinator should be a senior and suitably qualified member of staff.
3.13 The general manager may appoint other members of staff of the council orother persons (such as, but not limited to, members of staff of another council or a regional body associated with the council), to act as alternates to the complaints coordinator.
3.14 The general manager must not undertake the role of complaints coordinator.
3.15 The person appointed as complaints coordinator or alternate complaints coordinator must also be a nominated disclosures coordinator appointed for the purpose of receiving and managing reports of wrongdoing under the Public Interest Disclosures Act 1994.
3.16 The role of the complaints coordinator is to:
a) coordinate the management of complaints made under the council’s code of conduct
b) liaise with and provide administrative support to a conduct reviewer or conduct review committee
c) liaise with the Office and
d) arrange the annual reporting of code of conduct complaints statistics.
10 CONSULTATION DRAFT168 Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW
Part 4: How May Code Of Conduct Complaints be Made?
12 170 How May Code Of Conduct Complaints be Made?
What is a code of When must a code of conduct complaint? conduct complaint be 4.1 For the purpose of these procedures, a made? code of conduct complaint is a complaint that alleges conduct on the part of a 4.4 A code of conduct complaint must be council official in connection with their made within three months of the alleged role as a council official or the exercise conduct occurring or within three months of their functions as a council official of the complainant becoming aware of the that would constitute a breach of the alleged conduct. standards of conduct prescribed under 4.5 A complaint made after 3 months may only the council’s code of conduct. be accepted if the general manager or their 4.2 The following are not “code of conduct delegate, or, in the case of a complaint complaints” for the purposes of these about the general manager, the mayor or procedures: their delegate, is satisfied that there are compelling grounds for the matter to be a) complaints about the standard or dealt with under the code of conduct. level of service provided by the council or a council official How may a code of b) complaints about the merits of a decision made by the council or conduct complaint a council official or the exercise of a discretion by the council or a about a council official council official other than the general c) complaints about the policies or manager be made? procedures of the council 4.6 All code of conduct complaints other than d) complaints about the exercise in those relating to the general manager good faith by a council official of are to be made to the general manager their functions, whether or not in writing. This clause does not operate involving error. to prevent a person from making a complaint to an external agency. 4.3 Only code of conduct complaints are to be dealt with under these procedures. 4.7 Where a code of conduct complaint about Complaints that do not satisfy the definition a council official other than the general of a code of conduct complaint are to manager cannot be made in writing, the be dealt with under council’s routine complaint must be confirmed with the complaints management processes. complainant in writing as soon as possible after the receipt of the complaint.
4.8 In making a code of conduct complaint about a council official other than the general manager, the complainant may nominate whether they want the complaint to be resolved by mediation or by other alternative means.
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4.9 The general manager or their delegate, 4.15 Notwithstanding clauses 4.11 and 4.12, or, where the complaint is referred to a where the mayor becomes aware of a conduct reviewer, the conduct reviewer, possible breach of the council’s code must consider the complainant’s of conduct by the general manager, he preferences in deciding how to deal with or she may initiate the process for the the complaint. consideration of the matter under these procedures without a written complaint. 4.10 Notwithstanding clauses 4.6 and 4.7, where the general manager becomes aware of a possible breach of the council’s code of conduct, he or she may initiate the process for the consideration of the matter under these procedures without a written complaint.
How may a code of conduct complaint about the general manager be made? 4.11 Code of conduct complaints about the general manager are to be made to the mayor in writing. This clause does not operate to prevent a person from making a complaint about the general manager to an external agency.
4.12 Where a code of conduct complaint about the general manager cannot be made in writing, the complaint must be confirmed with the complainant in writing as soon as possible after the receipt of the complaint.
4.13 In making a code of conduct complaint about the general manager, the complainant may nominate whether they want the complaint to be resolved by mediation or by other alternative means.
4.14 The mayor or their delegate, or, where the complaint is referred to a conduct reviewer, the conduct reviewer, must consider the complainant’s preferences in deciding how to deal with the complaint.
14 CONSULTATION DRAFT172 Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW
Part 5: How are Code of Conduct Complaints to be Managed?
16 174 How are Code of Conduct Complaints to be Managed?
Delegation by general How are code of managers and mayors conduct complaints of their functions under about staff (other than this Part the general manager) to 5.1 A general manager or mayor may be dealt with? delegate his or her functions under this Part to a member of staff of the council 5.3 The general manager is responsible for or to a person or persons external to the the management of code of conduct council other than a state government complaints about members of staff of agency. References in this part to the council (other than complaints alleging general manager or mayor are also to be a breach of the pecuniary interest taken to be references to their delegates. provisions contained in Part 4 of the code of conduct) and for determining the outcome of such complaints. What complaints may be 5.4 The general manager must refer code of declined at the outset? conduct complaints about members of staff of council alleging a breach of the 5.2 Without limiting any other provision in pecuniary interest provisions contained in these procedures, the general manager Part 4 of the code of conduct to the Office. or, in the case of a complaint about the general manager, the mayor, may decline 5.5 The general manager may decide to take to deal with a complaint under these no action in relation to a code of conduct procedures where he or she is satisfied complaint about a member of staff of that the complaint: council other than one requiring referral to the Office under clause 5.4 on grounds a) is not a code of conduct complaint, or that he or she considers that no action is b) subject to clause 4.5, is not made warranted in relation to the complaint. within 3 months of the alleged 5.6 Where the general manager decides to conduct occurring or the complainant take no action in relation to a code of becoming aware of the alleged conduct complaint about a member of conduct, or staff of council, the general manager c) is trivial, frivolous, vexatious or not must give the complainant reasons in made in good faith, or writing for their decision and this shall finalise the consideration of the matter d) relates to a matter the substance of under these procedures. which has previously been considered and addressed by the council and 5.7 Code of conduct complaints about does not warrant further action, or members of staff of council must be managed in accordance with the relevant e) is not made in a way that would allow industrial instrument or employment the alleged conduct and any alleged contract and make provision for procedural breaches of the council’s code of fairness including the right of an employee conduct to be readily identified. to be represented by their union.
CONSULTATION DRAFT 175 17 Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW
5.8 Sanctions for breaches of the code of the general manager must give the conduct by staff depend on the severity, complainant reasons in writing for scale and importance of the breach their decision and this shall finalise the and must be determined in accordance consideration of the matter under these with any relevant industrial instruments procedures. or contracts. 5.13 Where the general manager considers it to be practicable and appropriate to How are code of do so, the general manager may seek to resolve code of conduct complaints about conduct complaints delegates of council or council committee members, by alternative means such about delegates of as, but not limited to, explanation, council, council advisers counselling, training, mediation, informal discussion, negotiation or a voluntary and council committee apology. The resolution of a code of conduct complaint under this clause is members to be dealt not to be taken as a determination that with? there has been a breach of the council’s code of conduct. 5.9 The general manager is responsible for the management of code of conduct 5.14 Where the general manager resolves complaints about delegates of council a code of conduct complaint under and council committee members (other clause 5.13 to the general manager’s than complaints alleging a breach of the satisfaction, the general manager must pecuniary interest provisions contained notify the complainant in writing of the in Part 4 of the code of conduct) steps taken to resolve the complaint and and for determining the outcome of this shall finalise the consideration of the such complaints. matter under these procedures.
5.10 The general manager must refer code 5.15 Sanctions for breaches of the code of of conduct complaints about council conduct by delegates of council and/or advisers, delegates of council and council council committee members depend on committee members alleging a breach the severity, scale and importance of the of the pecuniary interest provisions breach and may include one or more of contained in Part 4 of the code of the following: conduct to the Office. a) censure 5.11 The general manager may decide to take b) requiring the person to apologise to no action in relation to a code of conduct any person or organisation adversely complaint about a delegate of council or affected by the breach in such a time a council committee member other than and form specified by the general one requiring referral to the Office under manager clause 5.10 on the grounds that he or she considers that no action is warranted in c) prosecution for any breach of the law relation to the complaint. d) removing or restricting the 5.12 Where the general manager decides to person’s delegation take no action in relation to a code of conduct complaint about a delegate of council or a council committee member,
18 CONSULTATION DRAFT176 How are Code of Conduct Complaints to be Managed?
e) removing the person from membership of the relevant How are code of council committee. conduct complaints 5.16 Prior to imposing a sanction against a about councillors to be delegate of council or a council committee member under clause 5.15, the general dealt with? manager or any person making enquiries 5.19 The general manager must refer the on behalf of the general manager following code of conduct complaints must comply with the requirements of about councillors to the Office: procedural fairness. In particular: a) complaints alleging a breach of a) the substance of the allegation the pecuniary interest provisions (including the relevant provision/s contained in Part 4 of the code of of the council’s code of conduct that conduct the alleged conduct is in breach of) must be put to the person who is the b) complaints alleging a failure to comply subject of the allegation, and with a requirement under the code of conduct to disclose and appropriately b) the person must be given an manage conflicts of interest arising opportunity to respond to the from political donations (see section allegation, and 328B of the Act) c) the general manager must consider c) complaints alleging a breach of the the person’s response in deciding provisions relating to the maintenance whether to impose a sanction under of the integrity of the code of conduct clause 5.15. contained in Part 9 of the code of conduct
How are code of d) complaints that are the subject of conduct complaints a special complaints management arrangement with the Office under about administrators to clause 5.47. be dealt with? 5.20 Where the general manager refers a complaint to the Office under clause 5.19, 5.17 The general manager must refer all the general manager must notify the code of conduct complaints about complainant of the referral in writing. administrators to the Office for its consideration. 5.21 The general manager may decide to take no action in relation to a code of conduct 5.18 The general manager must notify the complaint about a councillor, other than complainant of the referral of their one requiring referral to the Office under complaint in writing. clause 5.19, on grounds that he or she considers that no action is warranted in relation to the complaint.
CONSULTATION DRAFT 177 19 Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW
5.22 Where the general manager decides to take no action in relation to a code of conduct How are code of complaint about a councillor, the general conduct complaints manager must give the complainant reasons in writing for their decision and this about the general shall finalise the consideration of the matter under these procedures. manager to be dealt
5.23 Where the general manager considers with? it to be practicable and appropriate to 5.26 The mayor must refer the following code do so, the general manager may seek to of conduct complaints about the general resolve code of conduct complaints about manager to the Office: councillors, other than those requiring referral to the Office under clause 5.19, a) complaints alleging a breach of the by alternative means such as, but not pecuniary interest provisions contained limited to, explanation, counselling, in Part 4 of the code of conduct training, mediation, informal discussion, b) complaints alleging a breach of the negotiation or a voluntary apology. The provisions relating to the maintenance resolution of a code of conduct complaint of the integrity of the code of under this clause is not to be taken as conduct contained in Part 9 of the a determination that there has been a code of conduct breach of the council’s code of conduct. c) complaints that are the subject of 5.24 Where the general manager resolves a a special complaints management code of conduct complaint under clause arrangement with the Office under 5.23 to the general manager’s satisfaction, clause 5.47. the general manager must notify the complainant in writing of the steps taken 5.27 Where the mayor refers a complaint to the to resolve the complaint and this shall Office under clause 5.26, the mayor must finalise the consideration of the matter notify the complainant of the referral in under these procedures. writing.
5.25 The general manager must refer all code 5.28 The mayor may decide to take no action of conduct complaints about councillors, in relation to a code of conduct complaint other than those referred to the Office about the general manager, other than under clause 5.19 or finalised under one requiring referral to the Office under clause 5.22 or resolved under clause 5.23, clause 5.26, on grounds that he or she to the complaints coordinator. considers that no action is warranted in relation to the complaint.
5.29 Where the mayor decides to take no action in relation to a code of conduct complaint about the general manager, the mayor must give the complainant reasons in writing for their decision and this shall finalise the consideration of the matter under these procedures.
5.30 Where the mayor considers it to be practicable and appropriate to do so, he or she may seek to resolve code of
20 CONSULTATION DRAFT178 How are Code of Conduct Complaints to be Managed?
conduct complaints about the general manager, other than those requiring Referral of code of referral to the Office under clause 5.26, conduct complaints to by alternative means such as, but not limited to, explanation, counselling, external agencies training, mediation, informal discussion, 5.34 The general manager, mayor or a conduct negotiation or a voluntary apology. The reviewer may, at any time, refer a code of resolution of a code of conduct complaint conduct complaint to an external agency under this clause is not to be taken as or body such as, but not limited to, the a determination that there has been a Office, the Independent Commission . breach of the council’s code of conduct Against Corruption, the NSW Ombudsman 5.31 Where the mayor resolves a code of or the police for its consideration, where conduct complaint under clause 5.30 to they consider such a referral is warranted. the mayor’s satisfaction, the mayor must 5.35 Where the general manager, mayor or notify the complainant in writing of the conduct reviewer refers a complaint to steps taken to resolve the complaint and an external agency or body under clause this shall finalise the consideration of the 5.34, they must notify the complainant matter under these procedures. of the referral in writing where it is 5.32 The mayor must refer all code of conduct appropriate for them to do so. complaints about the general manager, 5.36 Referral of a matter to an external agency other than those referred to the Office or body shall finalise consideration of under clause 5.26 or finalised under the matter under the code of conduct or resolved under , clause 5.28 clause 5.30 unless the council is subsequently advised to the complaints coordinator. otherwise by the referral agency or body.
How are complaints Disclosure of the about both the general identity of complainants manager and the mayor 5.37 In dealing with matters under these procedures, information that identifies or to be dealt with? tends to identify complainants is not to be 5.33 Where the general manager or mayor disclosed unless: receives a code of conduct complaint that a) the complainant consents in writing to alleges a breach of the code of conduct the disclosure, or by both the general manager and the mayor, the general manager or mayor b) it is generally known that the must either: complainant has made the complaint as a result of the complainant having a) delegate their functions under this voluntarily identified themselves as the part with respect to the complaint to person who made the complaint, or a member of staff of the council other than the general manager or to a c) it is essential, having regard to person external to the council, or procedural fairness requirements, that the identifying information be b) refer the matter to the complaints disclosed, or coordinator under clause 5.25 and clause 5.32.
CONSULTATION DRAFT 179 21 Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW
d) a conduct reviewer is of the opinion that disclosure of the information is Code of conduct necessary to investigate the matter complaints made effectively, or as public interest e) it is otherwise in the public interest to do so. disclosures
5.38 Clause 5.37 does not apply to code 5.43 Code of conduct complaints that are of conduct complaints made by made as public interest disclosures councillors about other councillors or the under the Public Interest Disclosures general manager. Act 1994 are to be managed in accordance with the requirements 5.39 Where a councillor makes a code of of that Act, the council’s internal conduct complaint about another reporting policy, and any guidelines councillor or the general manager, and issued by the NSW Ombudsman the complainant councillor considers that relate to the management of that compelling grounds exist that would public interest disclosures. warrant information that identifies or tends to identify them as the complainant not to 5.44 Where a councillor makes a code of be disclosed, they may request in writing conduct complaint about another that such information not be disclosed. councillor or the general manager as a public interest disclosure, before the 5.40 A request made by a complainant matter may be dealt with under these councillor under clause 5.39 must be procedures, the complainant councillor made at the time they make a code of must consent in writing to the disclosure conduct complaint and must state the of their identity as the complainant. grounds upon which the request is made. 5.45 Where a complainant councillor declines 5.41 The general manager or mayor, and to consent to the disclosure of their where the matter is referred to a conduct identity as the complainant under clause reviewer, the conduct reviewer, must 5.44, the general manager or the mayor consider a request made under clause must refer the complaint to the Office 5.39 before disclosing information for consideration. Such a referral must that identifies or tends to identify the be made under section 26 of the Public complainant councillor, but they are not Interest Disclosures Act 1994. obliged to comply with the request.
5.42 Where a complainant councillor makes a request under clause 5.39, the general manager or mayor or, where the matter is referred to a conduct reviewer, the conduct reviewer, shall notify the councillor in writing of their intention to disclose information that identifies or tends to identify them prior to disclosing the information.
22 CONSULTATION DRAFT180 How are Code of Conduct Complaints to be Managed?
in the arrangement in accordance Special complaints with the requirements of Part 6 of management these procedures. arrangements 5.51 Where, following a preliminary assessment, the assessing OLG officer 5.46 The general manager may request in determines that a code of conduct writing that the Office enter into a special complaint warrants investigation by a complaints management arrangement conduct reviewer, the assessing OLG with the council in relation to code of officer shall notify the complaints conduct complaints made by or about a coordinator in writing of their person or persons. determination and the reasons for their determination. The complaints 5.47 Where the Office receives a request coordinator must comply with the under clause 5.46, it may agree to enter recommendation of the assessing into a special complaints management OLG . arrangement if it is satisfied that the officer number or nature of code of conduct 5.52 Prior to the expiry of a special complaints complaints made by or about a person or management arrangement, the Office persons has: may, at the request of the general , review the arrangement to a) imposed an undue and manager determine whether it should be renewed disproportionate cost burden on the or amended. council’s administration of its code of conduct, or 5.53 A special complaints management arrangement shall expire on the date b) impeded or disrupted the effective specified in the arrangement unless administration by the council of its renewed under . code of conduct, or clause 5.52
c) impeded or disrupted the effective functioning of the council.
5.48 A special complaints management arrangement must be in writing and must specify the following:
a) the code of conduct complaints the arrangement relates to, and
b) the period that the arrangement will be in force.
5.49 The Office may, by notice in writing, amend or terminate a special complaints management arrangement at any time.
5.50 While a special complaints management arrangement is in force, an officer of the Office (the assessing OLG officer) must undertake the preliminary assessment of the code of conduct complaints specified
CONSULTATION DRAFT 181 23 Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW
Part 6: Preliminary Assessment of Code of Conduct Complaints About Councillors or the General Manager by Conduct Reviewers
24 182 Preliminary Assessment of Code of Conduct Complaints About Councillors or the General Manager by Conduct Reviewers
c) they or their employer has entered into Referral of code of one or more contracts with the council conduct complaints (other than contracts relating to the exercise of their functions as a conduct about councillors or reviewer) in the 2 years preceding the referral, and they or their employer have the general manager to received or expect to receive payments conduct reviewers under the contract or contracts of a cumulative value that exceeds $100,000, 6.1 The complaints coordinator must refer or all code of conduct complaints about councillors or the general manager d) at the time of the referral, they or their submitted to the complaints coordinator employer are the council’s legal service to a conduct reviewer within 21 days of providers or are a member of a panel of legal receipt of a complaint by the general service providers appointed by the council. manager or the mayor. 6.5 For the purposes of clause 6.4(a), a conduct 6.2 For the purposes of clause 6.1, the complaints reviewer will have a conflict of interest in a coordinator will refer a complaint to a matter where a reasonable and informed conduct reviewer selected from: person would perceive that they could be influenced by a private interest when a) a panel of conduct reviewers carrying out their public duty (see clause established by the council, or 5.2 of the Model Code of Conduct).
b) a panel of conduct reviewers 6.6 For the purposes of clause 6.4(b), a established by an organisation reasonable apprehension of bias arises approved by the chief executive of the where a fair-minded observer might Office. reasonably apprehend that the conduct reviewer might not bring an impartial and 6.3 In selecting a suitable conduct reviewer, unprejudiced mind to the matter referred the complaints coordinator may to the conduct reviewer. have regard to the qualifications and experience of members of the panel of 6.7 Where the complaints coordinator refers conduct reviewers. Where the conduct a matter to a conduct reviewer, they reviewer is an incorporated or other will provide the conduct reviewer with a entity, the complaints coordinator must copy of the code of conduct complaint also ensure that the person assigned to and any other information relevant to receive the referral on behalf of the entity the matter held by the council, including meets the selection and eligibility criteria any information about previous proven for conduct reviewers prescribed under breaches and any information that would Part 3 of these procedures. indicate that the alleged conduct forms part of an ongoing pattern of behaviour. 6.4 A conduct reviewer must not accept the referral of a code of conduct complaint 6.8 The complaints coordinator must notify where: the complainant in writing that the matter has been referred to a conduct reviewer, a) they have a conflict of interest in and advise which conduct reviewer the relation to the matter referred to them, matter has been referred to. or
b) a reasonable apprehension of bias arises in relation to their consideration of the matter, or
CONSULTATION DRAFT 183 25 Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW
6.9 Where a matter has been referred to a counselling, training, mediation, conduct reviewer, the conduct reviewer informal discussion, negotiation or a must comply with these procedures in voluntary apology their consideration of the matter and c) to refer the matter back to the general exercise their functions in a diligent and manager or, in the case of a complaint timely manner. about the general manager, the mayor, 6.10 The complaints coordinator may at any for resolution by alternative and time terminate the referral of a matter to appropriate strategies such as, but not a conduct reviewer and refer the matter limited to, explanation, counselling, to another conduct reviewer where the training, mediation, informal discussion, complaints coordinator is satisfied that negotiation, or a voluntary apology the conduct reviewer has failed to: d) to refer the matter to another agency a) comply with these procedures in their or body such as, but not limited to, consideration of the matter, or the ICAC, the NSW Ombudsman, the Office or the police b) comply with a lawful and reasonable request by the complaints e) to investigate the matter. coordinator, or 6.13 In determining how to deal with a matter c) exercise their functions in a timely or under clause 6.12, the conduct reviewer satisfactory manner. must have regard to the complaint assessment criteria prescribed under Preliminary assessment clause 6.30. 6.14 The conduct reviewer may make such of code of conduct enquiries the conduct reviewer considers to be reasonably necessary to determine complaints about what options to exercise under clause 6.12. councillors or the 6.15 The conduct reviewer may request the general manager by a complaints coordinator to provide such additional information the conduct conduct reviewer reviewer considers to be reasonably necessary to determine what options to 6.11 The conduct reviewer is to undertake a exercise in relation to the matter under preliminary assessment of a complaint clause 6.12. The complaints coordinator referred to them by the complaints will, as far as is reasonably practicable, coordinator for the purposes of determining supply any information requested by the how the complaint is to be managed. conduct reviewer. 6.12 The conduct reviewer may determine to 6.16 The conduct reviewer must refer to do one or more of the following in relation the any complaints referred to him or to a complaint referred to them by the Office her that should have been referred to complaints coordinator: the Office under clauses 5.19 and 5.26. a) to take no action 6.17 The conduct reviewer must determine b) to resolve the complaint by alternative to take no action on a complaint that is and appropriate strategies such not a code of conduct complaint for the as, but not limited to, explanation, purposes of these procedures.
26 CONSULTATION DRAFT184 Preliminary Assessment of Code of Conduct Complaints About Councillors or the General Manager by Conduct Reviewers
6.18 The resolution of a code of conduct d) any previous proven breaches by complaint under clause 6.12, paragraphs the person whose alleged conduct is (b) or (c) is not to be taken as a the subject of the complaint and/or determination that there has been a whether the alleged conduct forms part breach of the council’s code of conduct. of an ongoing pattern of behaviour.
6.19 Where the conduct reviewer completes 6.23 The conduct reviewer must complete their their preliminary assessment of a preliminary assessment of the complaint complaint by determining to exercise within 28 days of referral of the matter to an option under clause 6.12, paragraphs them by the complaints coordinator. (a), (b) or (c), they must provide the complainant with written notice of their 6.24 The conduct reviewer is not obliged to determination and provide reasons for it, give prior notice to or to consult with any and this will finalise consideration of the person before making a determination in matter under these procedures. relation to their preliminary assessment of a complaint, except as may be specifically 6.20 Where the conduct reviewer refers a required under these procedures. complaint to another agency or body, they must notify the complainant of the referral in writing where it is appropriate Referral back to the for them to do so. general manager or 6.21 The conduct reviewer may only determine to investigate a matter where they are mayor for resolution satisfied as to the following: 6.25 Where the conduct reviewer determines to refer a matter back to the general a) that the complaint is a “code of manager or to the mayor to be resolved conduct complaint” for the purposes by alternative and appropriate means, of these procedures, and they must write to the general manager or, in the case of a complaint about b) that the alleged conduct is sufficiently the general manager, to the mayor, serious to warrant investigation, and recommending the means by which the c) that the matter is one that could complaint may be resolved. not or should not be resolved by 6.26 The conduct reviewer must consult with alternative means. the general manager or mayor prior to 6.22 In determining whether a matter referring a matter back to them under is sufficiently serious to warrant clause 6.12(c). investigation, the conduct reviewer is to consider the following:
a) the harm or cost that the alleged conduct has caused to any affected individuals and/or the council
b) the likely impact of the alleged conduct on the reputation of the council and public confidence in it
c) whether the alleged conduct was deliberate or undertaken with reckless intent or negligence
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6.27 The general manager or mayor may d) whether the complaint discloses prima decline to accept the conduct reviewer’s facie evidence of conduct that, if recommendation. In such cases, the proven, would constitute a breach of conduct reviewer may determine to deal the code with the complaint by other means under e) whether the complaint raises issues clause 6.12. that would be more appropriately 6.28 Where the conduct reviewer refers a dealt with by another agency or body matter back to the general manager or f) whether there is or was an alternative mayor under clause 6.12(c), the general manager or, in the case of a complaint and satisfactory means of redress about the general manager, the mayor, available in relation to the conduct is responsible for implementing or complained of overseeing the implementation of the g) whether the complaint is one that conduct reviewer’s recommendation. can be resolved by alternative and 6.29 Where the conduct reviewer refers a appropriate strategies such as, but not matter back to the general manager or limited to, explanation, counselling, training, informal discussion, mayor under clause 6.12(c), the general manager, or, in the case of a complaint negotiation or a voluntary apology about the general manager, the mayor, h) whether the issue/s giving rise to must advise the complainant in writing of the complaint have previously been the steps taken to implement the conduct addressed or resolved reviewer’s recommendation once these steps have been completed. i) any previous proven breaches of the council’s code of conduct Complaints assessment j) whether the conduct complained of forms part of an ongoing pattern criteria of behaviour 6.30 In undertaking the preliminary assessment k) whether there were mitigating of a complaint, the conduct reviewer may circumstances giving rise to the have regard to the following considerations: conduct complained of a) whether the complaint is a “code of l) the seriousness of the alleged conduct complaint” for the purpose of conduct (having regard to the criteria these procedures specified in clause 6.22)
b) whether the complaint has been made m) the significance of the conduct or the in a timely manner in accordance with impact of the conduct for the council clause 4.4, and if not, whether there are compelling grounds for the matter n) how much time has passed since the to be dealt with under the council’s alleged conduct occurred code of conduct o) such other considerations that the c) whether the complaint is trivial, conduct reviewer considers may frivolous, vexatious or not made in be relevant to the assessment of good faith the complaint.
28 CONSULTATION DRAFT186 Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW
Part 7: Investigations of Code of Conduct Complaints About Councillors or the General Manager
30 188 Investigations of Code of Conduct Complaints About Councillors or the General Manager
d) invite the subject person to make What matters may a written submission in relation to a conduct reviewer the matter within at least 14 days or such other period specified by the investigate? investigator in the notice, and
7.1 A conduct reviewer (hereafter referred e) provide the subject person the to as an “investigator”) may investigate opportunity to address the investigator a code of conduct complaint that has on the matter within such reasonable been referred to them by the complaints time specified in the notice. coordinator and any matters related to or arising from that complaint. 7.5 The subject person may, within 7 days of receipt of the notice of investigation, 7.2 Where an investigator identifies further request in writing that the investigator separate possible breaches of the code provide them with such further of conduct that are not related to or arise information they consider necessary to from the code of conduct complaint that assist them to identify the substance has been referred to them, they are to of the allegation against them. An report the matters separately in writing investigator will only be obliged to provide to the general manager, or, in the case of such information that the investigator alleged conduct on the part of the general considers reasonably necessary for the manager, to the mayor. subject person to identify the substance of the allegation against them. 7.3 The general manager or the mayor or their delegate is to deal with a matter 7.6 An investigator may at any time prior to reported to them by an investigator under issuing a draft report, issue an amended clause 7.2 as if it were a new code of notice of investigation to the subject person conduct complaint in accordance with in relation to the matter referred to them. these procedures. 7.7 Where an investigator issues an amended notice of investigation, they How are investigations will provide the subject person with a further opportunity to make a written to be commenced? submission in response to the amended 7.4 The investigator must at the outset of notice of investigation within at least 14 their investigation provide a written notice days or such other period specified by the of investigation to the subject person. The investigator in the amended notice. notice of investigation must: 7.8 The investigator must also, at the outset of a) disclose the substance of the their investigation, provide written notice allegations against the subject person, of the investigation to the complainant, the and complaints coordinator and the general manager, or in the case of a complaint b) advise of the relevant provisions of about the general manager, to the the code of conduct that apply to the complainant, the complaints coordinator alleged conduct, and and the mayor. The notice must: c) advise of the process to be followed in investigating the matter, and
189 31 Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW
a) advise them of the matter the person only. They must not speak on investigator is investigating, and behalf of the subject person or otherwise interfere with or disrupt proceedings. b) in the case of the notice to the complainant, invite them to make 7.14 The investigator must consider all written a written submission in relation to and oral submissions made to them in the matter within at least 14 days or relation to the matter. such other period specified by the investigator in the notice. How are investigations Written and oral to be conducted? 7.15 Investigations are to be undertaken submissions without undue delay. 7.9 Where the subject person or the complainant fails to make a written 7.16 Investigations are to be undertaken in the submission in relation to the matter within absence of the public and in confidence. the period specified by the investigator in 7.17 Investigators must make any such enquiries their notice of investigation or amended that may be reasonably necessary to notice of investigation, the investigator establish the facts of the matter. may proceed to prepare their draft report without receiving such submissions. 7.18 Investigators may seek such advice or expert guidance that may be reasonably necessary 7.10 The investigator may accept written to assist them with their investigation or the submissions received outside the period conduct of their investigation. specified in the notice of investigation or amended notice of investigation. 7.19 An investigator may request that the complaints coordinator provide such 7.11 Prior to preparing a draft report, the further information that the investigator investigator must give the subject person considers may be reasonably necessary for an opportunity to address the investigator them to establish the facts of the matter. on the matter being investigated. The The complaints coordinator will, as far subject person may do so in person or by as is reasonably practicable, provide the telephone or other electronic means. information requested by the investigator. 7.12 Where the subject person fails to accept the opportunity to address the investigator within the period specified Referral or resolution by the investigator in the notice of of a matter after the investigation, the investigator may proceed to prepare a draft report without commencement of an hearing from the subject person. investigation 7.13 Where the subject person accepts the 7.20 At any time after an investigator has opportunity to address the investigator issued a notice of investigation and in person, they may have a support before they have issued a draft report, an person or legal adviser in attendance. The investigator may determine to: support person or legal adviser will act in an advisory or support role to the subject
32 CONSULTATION DRAFT190 Investigations of Code of Conduct Complaints About Councillors or the General Manager
a) resolve the matter by alternative and 7.24 Where the investigator discontinues their appropriate strategies such as, but not investigation of a matter under clause limited to, explanation, counselling, 7.22, this shall finalise the consideration of training, mediation, informal the matter under these procedures. discussion, negotiation or a voluntary 7.25 An investigator is not obliged to give prior apology, or notice to or to consult with any person b) refer the matter to the general before making a determination to exercise manager, or, in the case of a complaint any of the options under clause 7.20 or about the general manager, to the to discontinue their investigation except mayor, for resolution by alternative as may be specifically required under and appropriate strategies such these procedures. as, but not limited to, explanation, counselling, training, mediation, informal discussion, negotiation or a Draft investigation voluntary apology, or reports c) refer the matter to another agency 7.26 When an investigator has completed their or body such as, but not limited to, enquiries and considered any written or the ICAC, the NSW Ombudsman, the oral submissions made to them in relation Office or the Police. to a matter, they must prepare a draft of their proposed report. 7.21 Where an investigator determines to exercise any of the options under 7.27 The investigator must provide their draft clause 7.20 after the commencement report to the subject person and invite them of an investigation, they must do so to make a written submission in relation to it in accordance with the requirements within at least 14 days or such other period of Part 6 of these procedures relating specified by the investigator. to the exercise of these options at the preliminary assessment stage. 7.28 Where the investigator proposes to make adverse comment about any other person 7.22 The resolution of a code of conduct (an affected person) in their report, they complaint under clause 7.20, paragraphs must also provide the affected person (a) or (b) is not to be taken as a with relevant extracts of their draft report determination that there has been a containing such comment and invite breach of the council’s code of conduct. the affected person to make a written submission in relation to it within at least 7.23 Where an investigator determines to 14 days or such other period specified by exercise any of the options under clause the investigator. 7.20 after the commencement of an investigation, they may by written notice 7.29 The investigator must consider written to the subject person, the complainant, the submissions received in relation to the complaints coordinator and the general draft report prior to finalising their report manager, or in the case of a complaint in relation to the matter. about the general manager, to the subject person, the complainant, the complaints 7.30 The investigator may, after consideration coordinator and the mayor, discontinue of all written submissions received in their investigation of the matter. relation to their draft report, make further enquiries into the matter. If, as a result of making further enquiries, the investigator makes any material change to their
CONSULTATION DRAFT 191 33 Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW
proposed report that makes new adverse 7.36 Where the investigator determines that comment about the subject person or an the conduct investigated constitutes affected person, they must provide the a breach of the code of conduct, the subject person or affected person as the investigator may make one or more of the case may be with a further opportunity to following recommendations: make a written submission in relation to the new adverse comment. a) that the council revise any of its policies or procedures 7.31 Where the subject person or an affected person fails to make a written submission b) that the subject person undertake any in relation to the draft report within the training or other education relevant to period specified by the investigator, the the conduct giving rise to the breach investigator may proceed to prepare and c) that the subject person be counselled issue their final report without receiving for their conduct such submissions. d) that the subject person be removed 7.32 The investigator may accept written from membership of a committee submissions in relation to the draft report of the council or any other body or received outside the period specified organisation that the subject person by the investigator at any time prior to serves on as the council’s representative issuing their final report. e) that the subject person apologise to any person or organisation affected Final investigation by the breach in such a time and form reports specified by the recommendation 7.33 Where an investigator issues a notice of f) that findings of inappropriate conduct investigation they must prepare a final be made public by publishing report in relation to the matter unless the investigator’s findings and the investigation is discontinued under determination in the minutes of the clause 7.23. council meeting at which the matter is considered 7.34 An investigator must not prepare a final report in relation to the matter at any g) in the case of a breach by the general time before they have finalised their manager, that action be taken under consideration of the matter in accordance the general manager’s contract with the requirements of these procedures. h) in the case of a breach by a councillor, 7.35 The investigator’s final report must: that the councillor be formally censured for the breach under section a) make findings of fact in relation to the 440G of the Act matter investigated, and, i) in the case of a breach by a councillor, b) make a determination that the conduct that the council resolves as follows: investigated either, i. that the councillor be formally i. constitutes a breach of the code of censured for the breach under conduct, or section 440G of the Act, and
ii. does not constitute a breach of the ii. that the matter be referred to the code of conduct, and Office for further action under the misconduct provisions of the Act. c) provide reasons for the determination.
34 CONSULTATION DRAFT192 Investigations of Code of Conduct Complaints About Councillors or the General Manager
7.37 Where the investigator determines m) whether the findings and that the conduct investigated does recommendations can be justified in not constitute a breach of the code of terms of the public interest and would conduct, the investigator may make one or withstand public scrutiny more of the following recommendations: n) whether an educative approach a) that the council revise any of its would be more appropriate than a policies or procedures punitive one
b) that a person or persons undertake o) the relative costs and benefits of any training or other education. taking formal disciplinary action as opposed to taking no action or taking 7.38 In making a recommendation under clause informal action 7.36, the investigator may have regard to the following: p) what action or remedy would be in the public interest. a) the seriousness of the breach 7.39 Where the investigator proposes to make b) whether the breach can be easily a recommendation under clause 7.36(i), remedied or rectified the investigator must first consult with c) whether the subject person has the Office on their proposed findings, remedied or rectified their conduct determination and recommendation prior to finalising their report, and must d) whether the subject person has take any comments by the Office into expressed contrition consideration when finalising their report.
e) whether there were any mitigating 7.40 At a minimum, the investigator’s final report circumstances must contain the following information:
f) the age, physical or mental health or a) a description of the allegations against special infirmity of the subject person the subject person
g) whether the breach is technical or b) the relevant provisions of the code trivial only of conduct that apply to the alleged conduct investigated h) any previous proven breaches c) a statement of reasons as to why the i) whether the breach forms part of an matter warranted investigation ongoing pattern of behaviour d) a statement of reasons as to why j) the degree of reckless intention or the matter was one that could negligence of the subject person not or should not be resolved by k) the extent to which the breach has alternative means affected other parties or the council as e) a description of any attempts made a whole to resolve the matter by use of l) the harm or potential harm to the alternative means reputation of the council or local f) the steps taken to investigate government in general arising from the matter the conduct g) the facts of the matter
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h) the investigator’s findings in relation to 7.45 Where the investigator has determined the facts of the matter and the reasons that there has been a breach of the code for those findings of conduct and makes a recommendation or recommendations under clause i) the investigator’s determination and 7.36, paragraphs (b) or (c) only, the the reasons for that determination complaints coordinator must provide j) any recommendations. a copy of the investigator’s report to the general manager or, where the 7.41 The investigator must provide a copy of report relates to the general manager’s their report to the complaints coordinator conduct, to the mayor. The general and the subject person. manager is responsible for arranging the implementation of the recommendation/s 7.42 The investigator must provide the where the report relates to a councillor’s complainant with a written statement conduct. The mayor is responsible for containing the following information: arranging the implementation of the a) the investigator’s findings in relation recommendation/s where the report to the facts of the matter and the relates to the general manager’s conduct. reasons for those findings 7.46 Where the investigator has determined b) the investigator’s determination and that there has been a breach of the code the reasons for that determination of conduct and makes a recommendation or recommendations under clause 7.36, c) any recommendations, and paragraphs (d) to (i), the complaints coordinator must, where practicable, d) such other additional information arrange for the investigator’s report to that the investigator considers may be reported to the next ordinary council be relevant. meeting for the council’s consideration, 7.43 Where the investigator has determined unless the meeting is to be held within that there has not been a breach of the 4 weeks prior to an ordinary local the code of conduct, the complaints government election, in which case the coordinator must provide a copy of report must be reported to the first the investigator’s report to the general ordinary council meeting following manager or, where the report relates to the election. the general manager’s conduct, to the mayor, and this will finalise consideration of the matter under these procedures.
7.44 Where the investigator has determined that there has been a breach of the code of conduct and makes a recommendation or recommendations under clause 7.36, paragraph (a) only, the complaints coordinator must provide a copy of the investigator’s report to the general manager. Where the general manager agrees with the recommendation/s, the general manager is responsible for implementing the recommendation/s.
36 CONSULTATION DRAFT194 Investigations of Code of Conduct Complaints About Councillors or the GeneralAppendix Manager 2
a) request that the investigator make Consideration of the additional enquiries and/or provide final investigation report additional information to it in a supplementary report, or by council b) seek an opinion from the Office in 7.47 The role of the council in relation to a relation to the report. final investigation report is to impose a sanction if the investigator has 7.54 The council may, by resolution, defer determined that there has been a breach further consideration of the matter of the code of conduct and has made pending the receipt of a supplementary a recommendation in their final report report from the investigator or an opinion under clause 7.36, paragraphs (d) to (i). from the Office.
7.48 The council is to close its meeting to the 7.55 The investigator may make additional public to consider the final investigation enquiries for the purpose of preparing a report in cases where it is permitted to do supplementary report. so under section 10A of the Act. 7.56 Where the investigator prepares a 7.49 Where the complainant is a councillor, supplementary report, they must provide they must absent themselves from copies to the complaints coordinator who the meeting and take no part in any shall provide a copy each to the council discussion or voting on the matter. The and the subject person. complainant councillor may absent 7.57 The investigator is not obliged to notify themselves without making any disclosure or consult with any person prior to of interests in relation to the matter unless submitting the supplementary report to otherwise required to do so under the the complaints coordinator. code of conduct. 7.58 The council is only required to provide 7.50 Prior to imposing a sanction, the council the subject person a further opportunity must provide the subject person with to make an oral or written submission an opportunity to make a submission to on a supplementary report if the the council. A submission may be made supplementary report contains new orally or in writing. The subject person is information that is adverse to them. to confine their submission to addressing the investigator’s recommendation/s. 7.59 A council may by resolution impose one or more of the following sanctions on a 7.51 Once the subject person has made their subject person: submission they must absent themselves from the meeting and, where they are a a) that the subject person undertake any councillor, take no part in any discussion training or other education relevant to or voting on the matter. the conduct giving rise to the breach
7.52 The council must not invite submissions b) that the subject person be counselled from other persons for the purpose of for their conduct seeking to rehear evidence previously considered by the investigator. c) that the subject person be removed from membership of a committee 7.53 Prior to imposing a sanction, the council of the council or any other body or may by resolution: organisation that the subject person serves on as the council’s representative
CONSULTATION DRAFT 195 37 Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW
d) that the subject person apologise to 7.62 Where the council resolves not to adopt any person or organisation affected the investigator’s recommendation/s or by the breach in such a time and form imposes, under clause 7.59, a sanction specified by the resolution on the subject person that is different to the sanction recommended by the e) that findings of inappropriate conduct investigator, the complaints coordinator be made public by publishing must notify the Office of the council’s the investigator’s findings and decision and the reasons for it. determination in the minutes of the meeting
f) in the case of a breach by the general manager, that action be taken under the general manager’s contract for the breach
g) in the case of a breach by a councillor, that the councillor be formally censured for the breach under section 440G of the Act
h) in the case of a breach by a councillor:
i. that the councillor be formally censured for the breach under section 440G of the Act, and
ii. that the matter be referred to the Office for further action under the misconduct provisions of the Act.
7.60 The council is not obliged to adopt the investigator’s recommendation/s. Where the council proposes not to adopt one or more of the investigator’s recommendation/s, the council must resolve not to adopt the recommendation/s and state in its resolution the reasons for its decision.
7.61 Where the council proposes to impose, under clause 7.59, a sanction on the subject person that is different to the sanction recommended by the investigator in their final report, the council must state in its resolution the reasons for its decision.
38 CONSULTATION DRAFT196 Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW
Part 8: Oversight and Rights of Review
40 198 Oversight and Rights of Review
8.8 The Office may decline to make a practice Failure to comply with a ruling. Where the Office declines to make requirement under these a practice ruling, it will provide notice in writing of its decision and the reasons for it procedures to the person who requested it and to the investigator, where that person is different. 8.1 Where any person believes that a person has failed to comply with a requirement prescribed under these procedures, they Requests for review may at any time raise their concerns in writing with the Office. 8.9 A person who is the subject of a sanction imposed under Part 7 of these procedures other than one imposed under clause Complaints about 7.59, paragraph (h), may, within 28 days of the sanction being imposed, seek a review conduct reviewers of the investigator’s determination and 8.2 The general manager must refer recommendation by the Office. complaints about conduct reviewers to 8.10 A review under clause 8.9 may be sought the Office for its consideration. on the following grounds: 8.3 The general manager must notify the a) that the investigator has failed to complainant of the referral of their comply with a requirement under complaint in writing. these procedures, or 8.4 The general manager must implement any b) that the investigator has recommendation made by the Office as a misinterpreted or misapplied the result of its consideration of a complaint standards of conduct prescribed about a conduct reviewer. under the code of conduct, or
c) that in imposing its sanction the Practice rulings council has failed to comply with a 8.5 Where a subject person and an requirement under these procedures. investigator are in dispute over a requirement under these procedures, 8.11 A request for a review made under clause either person may make a request in 8.9 must be made in writing and must writing to the Office to make a ruling on a specify the grounds upon which the question of procedure (a practice ruling). person believes the investigator or the council has erred. 8.6 Where the Office receives a request in writing for a practice ruling, the Office 8.12 The Office may decline to conduct a may provide notice in writing of its ruling review, in cases where the grounds and the reasons for it to the person who upon which the review is sought are not requested it and to the investigator, where sufficiently specified. that person is different. 8.13 The Office may undertake a review of a 8.7 Where the Office makes a practice ruling, matter without receiving a request under all parties are to comply with it. clause 8.9.
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8.14 The Office will undertake a review of 8.19 In the case of a sanction imposed by the matter on the papers. However, the the council by resolution under clause Office may request that the complaints 7.59, where the Office recommends coordinator provide such further that the decision to impose a sanction information that the Office considers be reviewed: reasonably necessary for it to review the matter. The complaints coordinator must, a) the complaints coordinator must, where as far as is reasonably practicable, provide practicable, arrange for the Office’s determination to be tabled at the next the information requested by the Office. ordinary council meeting unless the 8.15 Where a person requests a review under meeting is to be held within the 4 weeks clause 8.9, the Office may direct the prior to an ordinary local government council to defer any action to implement a election, in which case it must be tabled sanction. The council must comply with a at the first ordinary council meeting direction to defer action by the Office. following the election, and
8.16 The Office must notify the person who b) the council must: requested the review and the complaints i. review its decision to impose the coordinator of the outcome of the Office’s review in writing and the reasons for its sanction, and decision. In doing so, the Office may ii. consider the Office’s comment on any other matters the Office recommendation in doing so, and considers to be relevant. iii. resolve to either rescind or reaffirm 8.17 Where the Office considers that the its previous resolution in relation to investigator or the council has erred, the the matter. Office may recommend that a decision to impose a sanction under these procedures 8.20 Where, having reviewed its previous be reviewed. decision in relation to a matter under clause 8.19, the council resolves to 8.18 In the case of a sanction implemented reaffirm its previous decision, the council by the general manager or mayor under must state in its resolution its reasons for clause 7.45, where the Officerecommends doing so. that the decision to impose a sanction be reviewed:
a) the complaints coordinator must provide a copy of the Office’s determination in relation to the matter to the general manager or the mayor, and
b) the general manager or mayor must review any action taken by them to implement the sanction, and
c) the general manager or mayor must consider the Office’s recommendation in doing so.
42 CONSULTATION DRAFT200 Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW
Part 9: Procedural Irregularities
44 202 Procedural Irregularities
9.1 A failure to comply with these procedures does not, on its own, constitute a breach of the code of conduct, except as may be otherwise specifically provided under the code of conduct.
9.2 A failure to comply with these procedures will not render a decision made in relation to a matter invalid where:
a) the non-compliance is isolated and/or minor in nature, or
b) reasonable steps are taken to correct the non-compliance, or
c) reasonable steps are taken to address the consequences of the non-compliance.
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Part 10: Practice Directions
46 204 Practice Directions
10.1 The Office may at any time issue a practice direction in relation to the application of these procedures.
10.2 The Office will issue practice directions in writing, by circular to all councils.
10.3 All persons performing a function prescribed under these procedures must consider the Office’s practice directions when performing the function.
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Part 11: Reporting Statistics on Code of Conduct Complaints About Councillors and the General Manager
48 206 Reporting Statistics on Code of Conduct Complaints About Councillors and the General Manager
11.1 The complaints coordinator must arrange for the following statistics to be reported to the council within 3 months of the end of September of each year:
a) the total number of code of conduct complaints made about councillors and the general manager under the code of conduct in the year to September (the reporting period)
b) the number of code of conduct complaints referred to a conduct reviewer during the reporting period
c) the number of code of conduct complaints finalised by a conduct reviewer at the preliminary assessment stage during the reporting period and the outcome of those complaints
d) the number of code of conduct complaints investigated by a conduct reviewer during the reporting period
e) without identifying particular matters, the outcome of investigations completed under these procedures during the reporting period
f) the number of matters reviewed by the Office during the reporting period and, without identifying particular matters, the outcome of the reviews, and
g) the total cost of dealing with code of conduct complaints made about councillors and the general manager during the reporting period, including staff costs.
11.2 The council is to provide the Office with a report containing the statistics referred to in clause 11.1 within 3 months of the end of September of each year.
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Part 12: Confidentiality
50 CONSULTATION DRAFT208 Confidentiality
12.1 Information about code of conduct 12.6 Any requirement under these procedures complaints and the management that a complainant is to be provided and investigation of code of conduct with information about a code of complaints is to be treated as confidential conduct complaint that they have made and is not to be publicly disclosed except or has purported to make, will not as may be otherwise specifically required apply to a complainant the subject of or permitted under these procedures. a determination made by the general manager or their delegate under clause 12.2 Where a complainant publicly discloses 12.2 unless that person is otherwise information on one or more occasions entitled to receive the information under about a code of conduct complaint they the Public Interest Disclosures Act 1994. have made or has purported to make, the general manager or their delegate may, with the consent of the Office, determine that the complainant is to receive no further information about their complaint and any future code of conduct complaint they make or purport to make.
12.3 Prior to seeking the Office’s consent under clause 12.2, the general manager or their delegate must give the complainant written notice of their intention to seek the Office’s consent, invite them to make a written submission and consider any submission made by them.
12.4 In giving its consent under clause 12.2, the Office must consider any submission made by the complainant to the general manager or their delegate.
12.5 The general manager or their delegate must give written notice of a determination made under clause 12.2 to:
a) the complainant
b) the complaints coordinator
c) the Office, and
d) any other person the general manager or their delegate considers should be notified of the determination.
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Section: 10. GENERAL MANAGER'S REPORT & SUPPLEMENTARY MATTERS
Agenda Item: CLAUSE 3. Murray River Council - Draft Councillor Expenses & Facilities Policy
Attachment 11.3.1 MRC POL103.V3 DRAFT Councillo r Expenses_ Facilities Policy - [date]
211
MURRAY RIVER COUNCIL
DRAFT COUNCILLOR EXPENSES AND FACILITIES POLICY POL103.V3
ADOPTED: 19 July 2016 Reviewed: [date]
212
COUNCILLOR EXPENSES
AND FACILITIES POLICY
POL103.V3
TABLE OF CONTENTS
POLICY SUMMARY ...... 3
PART A – INTRODUCTION ...... 5 1. Introduction ...... 5 2. Policy objectives ...... 5 3. Principles ...... 5 4. Private or political benefit ...... 6
PART B – EXPENSES ...... 7 5. General expenses ...... 7 6. Specific expenses ...... 7 7. Insurances ...... 11 8. Legal assistance ...... 11
PART C – FACILITIES ...... 12 9. General facilities for Councillors ...... 12 10. Additional facilities for the Mayor ...... 12
PART D – PROCESSES ...... 13 11. Approval, payment and reimbursement arrangements ...... 13 12. Disputes ...... 14 13. Return or retention of facilities ...... 14 14. Publication ...... 14 15. Reporting ...... 14 16. Auditing ...... 15 17. Breaches ...... 15
DOCUMENT CONTROL ...... 15
PART E – APPENDICES ...... 16 Appendix I – Related legislation, guidance and policies ...... 16 Appendix II - Definitions ...... 17
Page 2 of 17 Councillor Expenses and Facilities Policy (POL103.V3) Adopted: 19 July 2016
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POLICY SUMMARY
This Policy enables the reasonable and appropriate reimbursement of expenses and provision of facilities to Councillors to help them undertake their civic duties.
It ensures accountability and transparency, and seeks to align Councillor expenses and facilities with community expectations. Councillors must not obtain private or political benefit from any expense or facility provided under this Policy.
The Policy has been prepared in accordance with the Local Government Act 1993 (the ‘Act’) and the Local Government (General) Regulation 2005 (the ‘Regulation’), and complies with the Office of Local Government’s Guidelines for the payment of expenses and provision of facilities to Mayors and Councillors in NSW.
The Policy sets out the maximum amounts Murray River Council (the ‘Council’) will pay for specific expenses and facilities. Expenses not explicitly addressed in this Policy will not be paid or reimbursed.
The main expenses and facilities are summarised in the table below. All monetary amounts are exclusive of GST.
Expense or facility Maximum amount Frequency $4,500 per Councillor General travel expenses Per year $2,500 for the Mayor Interstate, overseas and long distance $15,000 total for all Councillors Per year intrastate travel expenses As per the NSW Crown Employees (Public Service Conditions of Per Accommodation and meals Employment) Reviewed Award 2009, meal/night adjusted annually Professional development $800 per Councillor Per year Conferences and seminars $10,000 total for all Councillors Per year ICT expenses $2,000 per Councillor Per term Carer expenses $1,000 per Councillor Per year Home office expenses $200 per Councillor Per year Postage stamps Per Councillor / Per the Mayor Not relevant Christmas or festive cards Per Councillor / Per the Mayor Not relevant Access to facilities in a Councillor common Provided to all Councillors Not relevant room Council vehicle and fuel card Provided to the Mayor Per term Reserved parking space at Council offices Provided to the Mayor Not relevant Furnished office Provided to the Mayor Not relevant Number of executive staff supporting Mayor Provided to the Mayor and Councillors, Not relevant and Councillors as appropriate
Page 3 of 17 Councillor Expenses and Facilities Policy (POL103.V3) Adopted: 19 July 2016
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Additional costs incurred by a Councillor in excess of these limits are considered a personal expense that is the responsibility of the Councillor.
Councillors must provide claims for reimbursement, including supporting documentation (eg receipts and/or tax invoice), within three (3) months of an expense being incurred. Claims made after this time cannot be approved.
Detailed reports on the provision of expenses and facilities to Councillors will be publicly tabled at a Council meeting every six (6) months and published in full on Council’s website. These reports will include expenditure summarised by individual Councillor and as a total for all Councillors.
Page 4 of 17 Councillor Expenses and Facilities Policy (POL103.V3) Adopted: 19 July 2016
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PART A – INTRODUCTION
1. Introduction
1.1 The provision of expenses and facilities enables Councillors to fulfil their civic duties as the elected representative of the Council.
1.2 The community is entitled to know the extent of expenses paid to Councillors, as well as the facilities provided.
1.3 The purpose of this Policy is to clearly state the facilities and support that are available to Councillors to assist them in fulfilling their civic duties.
1.4 Council’s staff are empowered to question or refuse a request for payment from a Councillor when it is not in accord with this Policy.
1.5 Expenses and facilities provided by this Policy are in addition to fees paid to Councillors. The minimum and maximum fees a council may pay each Councillor are set by the Local Government Remuneration Tribunal as per Section 241 of the Act and reviewed annually. Council must adopt its annual fees within this set range.
2. Policy objectives
2.1 The objectives of this Policy are to: (a) enable the reasonable and appropriate reimbursement of expenses incurred by Councillors while undertaking their civic duties; (b) enable facilities of a reasonable and appropriate standard to be provided to Councillors to support them in undertaking their civic duties; (c) ensure accountability and transparency in reimbursement of expenses and provision of facilities to Councillors; (d) ensure facilities and expenses provided to Councillors meet community expectations; (e) support a diversity of representation; and (f) fulfil Council’s statutory responsibilities.
3. Principles
3.1 Council commits to the following principles:
Proper conduct: Councillors and staff acting lawfully and honestly, exercising care and diligence in carrying out their functions. Reasonable expenses: Providing for Councillors to be reimbursed for expenses reasonably incurred as part of their role as Councillor. Participation and access: Enabling people from diverse backgrounds, underrepresented groups, those in carer roles and those with special needs to serve as a Councillor. Equity: There must be equitable access to expenses and facilities for all Councillors.
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Appropriate use of resources: Providing clear direction on the appropriate use of Council resources in accordance with legal requirements and community expectations. Accountability and transparency: Clearly stating and reporting on the expenses and facilities provided to Councillors.
4. Private or political benefit
4.1 Councillors must not obtain private or political benefit from any expense or facility provided under this Policy, ie Council equipment or facilities cannot be used to provide a political benefit.
4.2 Private use of Council equipment and facilities by Councillors may occur from time to time. For example, telephoning home to advise that a Council meeting will run later than expected. Such incidental private use does not require a compensatory payment back to Council.
4.4 Councillors should avoid obtaining any greater private benefit from Council than an incidental benefit. Where there are unavoidable circumstances and more substantial private use of Council facilities does occur, Councillors must reimburse Council.
4.5 Campaigns for re-election are considered to be a political benefit. The following are examples of what is considered to be a political interest during a re-election campaign: (a) production of election material (b) use of Council resources and equipment for campaigning (c) use of official Council letterhead, publications, websites or services for political benefit (d) fundraising activities of political parties or individuals, including political fundraising events.
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PART B – EXPENSES
5. General expenses
5.1 All expenses provided under this Policy will be for a purpose specific to the functions of holding civic office. Allowances for general expenses are not permitted under this Policy.
5.2 Expenses not explicitly addressed in this Policy will not be paid or reimbursed.
6. Specific expenses
6.1 General travel arrangements and expenses 6.1.1 All travel by Councillors should be undertaken using the most direct route and the most practicable and economical mode of transport. 6.1.2 Each Councillor may be reimbursed up to a total of $4,500 per year, and the Mayor may be reimbursed up to a total of $2,500 per year, for travel expenses incurred while undertaking official business or professional development or attending approved conferences and seminars within NSW. This includes reimbursement: (a) for public transport fares (b) for the use of a private vehicle or hire car (c) for parking costs for Council and other meetings (d) for tolls (e) by Cabcharge card or equivalent (f) for documented ride-share programs, such as Uber, where tax invoices can be issued. 6.1.3 Allowances for the use of a private vehicle will be reimbursed by kilometre at the rate contained in the current Local Government (State) Award. 6.1.4 Councillors seeking to be reimbursed for use of a private vehicle must keep a log book recording the date, distance and purpose of travel being claimed. Copies of the relevant log book contents must be provided with the claim.
6.2 Interstate, overseas and long distance intrastate travel expenses 6.2.1 Given Council’s location on an interstate border, travel to Victoria will be considered as general travel. Arrangements and expenses for this travel will be governed by Clauses 6.1.1 to 6.1.4 above. 6.2.2 In accordance with Section 4 of this Policy, Council will scrutinise the value and need for Councillors to undertake overseas travel. Councils should avoid interstate, overseas and long distance intrastate trips unless direct and tangible benefits can be established for the Council and the local community. This includes travel to sister and friendship cities. 6.2.3 Total interstate, overseas and long distance intrastate travel expenses for all Councillors will be capped at a maximum of $15,000 per year. This amount will be set aside in Council’s annual budget. 6.2.4 Councillors seeking approval for any interstate and long distance intrastate travel must submit a case to, and obtain the approval of, the General Manager prior to travel. 6.2.5 Councillors seeking approval for any overseas travel must submit a case to, and obtain the approval of, a full Council meeting prior to travel.
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6.2.6 The case should include: (a) objectives to be achieved in travel, including an explanation of how the travel aligns with current Council priorities and business, the community benefits which will accrue as a result, and its relevance to the exercise of the Councillor’s civic duties (b) who is to take part in the travel (c) duration and itinerary of travel (d) a detailed budget including a statement of any amounts expected to be reimbursed by the participant/s. 6.2.7 For interstate and long distance intrastate journeys by air of less than three (3) hours, the class of air travel is to be economy class. 6.2.8 For interstate journeys by air of more than three (3) hours, the class of air travel may be premium economy. 6.2.9 For international travel, the class of air travel is to be premium economy, if available. Otherwise, the class of travel is to be economy. 6.2.10 Bookings for approved air travel are to be made through the General Manager’s office. 6.2.11 For air travel that is reimbursed as Council business, Councillors will not accrue points from the airline’s frequent flyer program. This is considered a private benefit.
6.3 Travel expenses not paid by Council 6.3.1 Council will not pay any traffic or parking fines or administrative charges for road toll accounts.
6.4 Accommodation and meals 6.4.1 In circumstances where it would introduce undue risk for a Councillor to travel to or from official business in the late evening or early morning, reimbursement of costs for accommodation and meals on the night before or after the meeting may be approved by the General Manager. This includes where a meeting finishes later that 9:00pm or starts earlier than 7:00am and the Councillor lives more than 50 kilometres from the meeting location. 6.4.2 In addition to 6.4.1 above, Council will reimburse costs for accommodation and meals while Councillors are undertaking prior approved travel or professional development more than 200 kilometres outside the Murray River Council geographic area. 6.4.3 The daily limits for accommodation and meal expenses within Australia are to be consistent with those set out in Part B Monetary Rates of the NSW Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009, as adjusted annually. 6.4.4 The daily limits for accommodation and meal expenses outside Australia are to be determined in advance by the General Manager, being mindful of Clause 6.4.3. 6.4.5 Councillors will not be reimbursed for alcoholic beverages.
6.5 Refreshments for Council related meetings 6.5.1 Appropriate refreshments will be available for Council meetings, Council committee meetings, Councillor briefings, approved meetings and engagements, and official Council functions, as approved by the General Manager.
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6.5.2 As an indicative guide for the standard of refreshments to be provided at Council related meetings, the General Manager must be mindful of Part B Monetary Rates of the NSW Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009, as adjusted annually. 6.5.3 Council will not provide alcoholic beverages.
6.6 Professional development 6.6.1 Council will set aside $800 per Councillor annually in its budget to facilitate professional development of Councillors through programs, training, education courses and membership of professional bodies. 6.6.2 In the first year of a new Council term, Council will provide a comprehensive induction program for all Councillors which considers any guidelines issued by the Office of Local Government (OLG). The cost of the induction program will be in addition to the ongoing professional development funding. 6.6.3 Annual membership of professional bodies will only be covered where the membership is relevant to the exercise of the Councillor’s civic duties, the Councillor actively participates in the body and the cost of membership is likely to be fully offset by savings from attending events as a member. 6.6.4 Approval for professional development activities is subject to a prior written request to the General Manager outlining the: (a) details of the proposed professional development (b) relevance to Council priorities and business (c) relevance of the exercise of the Councillor’s civic duties. 6.6.5 In assessing a Councillor request for a professional development activity, the General Manager must consider the factors set out in Clause 6.6.3, as well as the cost of the professional development in relation to the Councillor’s remaining budget.
6.7 Conferences and seminars 6.7.1 Council is committed to ensuring its Councillors are up to date with contemporary issues facing council and the community, and local government in NSW. 6.7.2 Council will set aside a total amount of $10,000 annually in its budget to facilitate Councillor attendance at conferences and seminars, including the Local Government NSW Annual Conference. This allocation is for all Councillors. The General Manager will ensure that access to expenses relating to conferences and seminars is distributed equitably. 6.7.3 Approval to attend a conference or seminar is subject to a written request to the General Manager. In assessing a Councillor request, the General Manager must consider factors including the: (a) relevance of the topics and presenters to current Council priorities or business and the exercise of the Councillor’s civic duties (b) cost of the conference or seminar in relation to the total remaining budget. 6.7.4 Council will meet the reasonable cost of registration fees, transportation and accommodation associated with attendance at conferences approved by the General Manager. Council will also meet the reasonable cost of meals when they are not included in the conference fees. Reimbursement for accommodation and meals not included in the conference fees will be subject to Clauses 6.4.2 to 6.4.5.
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6.8 Local Government NSW Annual Conference 6.8.1 Up to three (3) Councillors will also attend the Local Government NSW Annual Conference each year. Council will reimburse the cost of registration fees, and where the conference is outside the Murray River Council region, the cost of travel, accommodation and meals not covered by the conference registration, subject to Clauses 6.4.2 to 6.4.5. 6.8.2 For the Local Government NSW Annual Conference only, Council will meet the costs of the official conference dinner for an accompanying person of a Councillor.
6.9 Information and Communication Technology (ICT) expenses 6.9.1 Council will provide Councillors with appropriate ICT devices and services up to a limit of $2,500 for each Councillor per term. This may include tablets, tablet services and data. 6.9.2 Council will provide the Mayor with a mobile telephone device and the Mayor will meet the costs of any personal calls or data use on the mobile phone. Each billing period the Mayor will identify personal calls and data use and will meet the costs of same. 6.9.3 Communications devices and services are to be used only by Councillors to undertake their civic duties, such as: (a) receiving and reading Council business papers (b) correspondence (c) diary and appointment management. 6.9.4 Councillors may seek reimbursement for applications on their mobile electronic communication device that are directly related to their duties as a Councillor, within the maximum limit.
6.10 Special requirement and carer expenses 6.10.1 Council encourages wide participation and interest in civic office. It will seek to ensure Council premises and associated facilities are accessible, including provision for sight and hearing impaired Councillors and those with other disabilities. 6.10.2 Transportation provisions outlined in this Policy will also assist Councillors who may be unable to drive a vehicle. 6.10.3 In addition to the provisions above, the General Manager may authorise the provision of reasonable additional facilities and expenses in order to allow a Councillor with a disability to perform their civic duties. 6.10.4 Councillors who are the principal carer of a child or other elderly, disabled and/or sick immediate family member will be entitled to reimbursement of carer’s expenses up to a maximum of $1,000 per annum for attendance at official business. 6.10.5 Child care expenses may be claimed for children up to and including the age of 16 years where the carer is not a relative. 6.10.6 In the event of caring for an adult person, Councillors will need to provide suitable evidence to the General Manager that reimbursement is applicable. This may take the form of advice from a medical practitioner.
6.11 Home office expenses 6.11.1 Each Councillor may be reimbursed up to $200 per year for costs associated with the maintenance of a home office, such as minor items of consumable stationery and printer ink cartridges.
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7. Insurances
7.1 In accordance with Section 382 of the Act, Council is insured against public liability and professional indemnity claims. Councillors are included as a named insured on this policy.
7.2 Insurance protection is only provided if a claim arises out of or in connection with the Councillor’s performance of his or her civic duties, or exercise of his or her functions as a Councillor. All insurances are subject to any limitations or conditions set out in the policies of insurance.
7.3 Council shall pay the insurance policy excess in respect of any claim accepted by Council’s insurers, whether defended or not.
7.4 Appropriate travel insurances will be provided for any Councillors travelling on approved interstate and overseas travel on Council business.
8. Legal assistance
8.1 Council may, if requested, indemnify or reimburse the reasonable legal expenses of: (a) a Councillor defending an action arising from the performance in good faith of a function under the Act (b) a Councillor defending an action in defamation, provided the statements complained of were made in good faith in the course of exercising a function under the Act (c) a Councillor for proceedings before an appropriate investigative or review body, provided the subject of the proceedings arises from the performance in good faith of a function under the Act and the matter has proceeded past any initial assessment phase to a formal investigation or review and the investigative or review body makes a finding substantially favourable to the Councillor.
8.2 In the case of a conduct complaint made against a Councillor, legal costs will only be made available where the matter has been referred by the General Manager to a conduct reviewer or conduct review panel to make formal enquiries into that matter in accordance with Council’s Code of Conduct.
8.3 Legal expenses incurred in relation to proceedings arising out of the performance by a Councillor of his or her functions under the Act are distinguished from expenses incurred in relation to proceedings arising merely from something that a Councillor has done during his or her term in office. For example, expenses arising from an investigation as to whether a Councillor acted corruptly would not be covered by this section.
8.4 Council will not meet the legal costs: (a) of legal proceedings initiated by a Councillor under any circumstances (b) of a Councillor seeking advice in respect of possible defamation, or in seeking a non-litigious remedy for possible defamation (c) for legal proceedings that do not involve a Councillor performing their role as a Councillor.
8.5 Reimbursement of expenses for reasonable legal expenses must have Council approval by way of a resolution at the Council meeting prior to costs being incurred.
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PART C – FACILITIES
9. General facilities for all Councillors
9.1 Facilities 9.1.1 Council will provide the following facilities to Councillors to assist them to effectively discharge their civic duties: (a) a name badge which may be worn at official functions, indicating that the wearer holds the office of a Councillor and/or Mayor or Deputy Mayor. 9.1.2 Councillors may book meeting rooms for official business in a specified Council building at no cost. Rooms may be booked through a specified staff member. 9.1.3 The provision of facilities will be of a standard deemed by the General Manager as appropriate for the purpose.
9.2 Stationery 9.2.1 Council will provide the following stationery to Councillors each year: (a) business cards.
9.3 Administrative support 9.3.1 Council will provide administrative support to Councillors to assist them with their civic duties only. Administrative support may be provided by a member of Council’s administrative staff, as arranged by the General Manager or their delegate. 9.3.2 As per Section 4 of this Policy, Council staff are expected to assist Councillors with civic duties only, and not assist with matters of personal or political interest, including campaigning.
10. Additional facilities for the Mayor
10.1 Council will provide to the Mayor a maintained vehicle to a similar standard of other Council vehicles, with a fuel card. The vehicle will be supplied for use on Council business, professional development and attendance at the Council’s offices.
10.2 The Mayor must keep a log book setting out the date, distance and purpose of all travel. This must include any travel for private benefit. The log book must be submitted to Council on a monthly basis.
10.3 The Mayoral Allowance will be reduced to cover the cost of any private travel recorded in the log book, calculated on a per kilometre basis by the rate set by the current Local Government (State) Award.
10.4 In performing their civic duties, the Mayor will be assisted by a small number of staff providing administrative and secretarial support, as determined by the General Manager.
10.5 As per Section 4 of this Policy, Council’s staff are expected to work on official business only, and not for matters of personal or political interest, including campaigning.
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PART D – PROCESSES
11. Approval, payment and reimbursement arrangements
11.1 Expenses should only be incurred by Councillors in accordance with the provisions of this Policy.
11.2 Approval for incurring expenses, or for the reimbursement of such expenses, should be obtained before the expense is incurred.
11.3 Up to the maximum limits specified in this Policy, approval for the following may be sought after the expense is incurred: (a) local travel relating to the conduct of official business (b) carer costs (c) ICT expenditure.
11.4 Final approval for payments made under this Policy will be granted by the General Manager, or their delegate.
11.5 Direct payment 11.5.1 Council may approve and directly pay expenses. Requests for direct payment must be submitted to the Director Corporate Services for assessment against this Policy using the prescribed form, with sufficient information and time to allow for the claim to be assessed and processed.
11.6 Reimbursement 11.6.1 All claims for reimbursement of expenses incurred must be made on the prescribed form, supported by appropriate receipts and/or tax invoices and be submitted to the Director Corporate Services.
11.7 Advance payment 11.7.1 Council may pay a cash advance for Councillors attending approved conferences, seminars or professional development. 11.7.2 The maximum value of a cash advance is $70 per day of the conference, seminar or professional development to a maximum of $280. 11.7.3 Requests for advance payment must be submitted to the Director Corporate Services for assessment against this Policy using the prescribed form with sufficient information and time to allow for the claim to be assessed and processed. 11.7.4 Councillors must fully reconcile all expenses against the cost of the advance within one (1) month of incurring the cost and/or returning home. This includes providing to Council: (a) a full reconciliation of all expenses, including appropriate receipts and/or tax invoices (b) reimbursement of any amount of the advance payment not spent in attending to official business or professional development.
11.8 Notification 11.8.1 If a claim is approved, Council will make payment directly or reimburse the Councillor through accounts payable. 11.8.2 If a claim is refused, Council will inform the Councillor in writing that the claim has been refused and the reason for the refusal.
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11.9 Reimbursement to Council 11.9.1 If Council has incurred an expense on behalf of a Councillor that exceeds a maximum limit, exceeds reasonable incidental private use or is not provided for in this Policy: (a) Council will invoice the Councillor for the expense (b) the Councillor will reimburse Council for that expense within 14 days of the invoice date. 11.9.2 If the Councillor cannot reimburse Council within 14 days of the invoice date, they are to submit a written explanation to the General Manager. The General Manager may elect to deduct the amount from the Councillor’s allowance.
11.10 Timeframe for reimbursement 11.10.1 Unless otherwise specified in this Policy, Councillors must provide all claims for reimbursement within three (3) months of an expense being incurred. Claims made after this time cannot be approved.
12. Disputes
12.1 If a Councillor disputes a determination under this Policy, the Councillor should discuss the matter with the General Manager.
12.2 If the Councillor and the General Manager cannot resolve the dispute, the Councillor may submit a notice of motion to a Council meeting seeking to have the dispute resolved.
13. Return or retention of facilities
13.1 All unexpended facilities or equipment supplied under this Policy are to be relinquished immediately upon a Councillor or Mayor ceasing to hold office or at the cessation of their civic duties.
13.2 Should a Councillor desire to keep any equipment allocated by Council, then this Policy enables the Councillor to make application to the General Manager to purchase any such equipment. The General Manager will determine whether such equipment can be purchased, an agreed fair market price or written down value for the item of equipment.
13.3 The prices for all equipment purchased by Councillors under Clause 13.2 will be recorded in Council’s Annual Report.
14. Publication
14.1 This Policy will be published on Council’s website (www.murrayriver.nsw.gov.au).
15. Reporting
15.1 Council will report on the provision of expenses and facilities to Councillors, as required in the Act and Regulations.
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15.2 Detailed reports on the provision of expenses and facilities to Councillors will be publicly tabled at a Council meeting every six (6) months and published in full on Council’s website. These reports will include expenditure summarised by individual Councillor and as a total for all Councillors.
16. Auditing
16.1 The operation of this Policy, including claims made under the Policy, will be included in Council’s audit program and an audit undertaken at least every two (2) years.
17. Breaches
17.1 Suspected breaches of this Policy are to be reported to the General Manager.
17.2 Alleged breaches of this Policy shall be dealt with by following the processes outlined for breaches of the Code of Conduct, as detailed in the Code and in the Procedures for the Administration of the Code.
DOCUMENT CONTROL
Version No. Details Date Resolution No. Initial Issue – On 12 May 2016, the Premier of NSW, The Hon Mike Baird MP, made the Local Government (Council Amalgamations) Proclamation 2016 under the Local 1 19 July 2016 170716 Government Act 1993, whereby Murray Shire Council and Wakool Shire Council were amalgamated to constitute the new area to be known as Murray River Council, effective immediately. Review of Policy to: (a) adopt best practice as per Office of Local Government Circular to Councils 17-17 (Councillor Expenses and Facilities Policy – Better Practice Template). 2 8 Aug 2017 080817 (b) update to the Murray River Council style and logo; and (c) change of name of the Policy due to (a) above (from Payment of Expenses and Provision of Facilities for Mayors and Councillors Policy).
Council reserves the right to review, vary or revoke this policy at any time This Policy is scheduled for review in the year to August 2018
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PART E – APPENDICES
APPENDIX I: Related legislation, guidance and policies
Relevant legislation and guidance Local Government Act 1993, Sections 252, 253 and 382 Local Government (General) Regulation 2005, Clauses 217 and 403 Local Government Remuneration Tribunal Guidelines for the Payment of Expenses and the Provision of Facilities for Mayors and Councillors in NSW, 2009 Local Government Circular 09-36 Guidelines for Payment of Expenses and Facilities Local Government Circular 05-08 Legal Assistance for Councillors and Council Employees Local Government (State) Award (current) NSW Crown Employees (Public Service Conditions of Employment)
Related Council policies Model Code of Conduct for Local Councils in NSW (OLG November 2015) Code of Meeting Practice (POL101) Pecuniary Interest Guidelines (DLG – June 2006) Councillor Access to Information and Interaction with Staff Policy (POL105)
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APPENDIX II: Definitions
The following definitions apply throughout this Policy:
Term Definition A spouse, partner or de facto or other person who has a close accompanying person personal relationship with or provides carer support to a Councillor Food and beverages, excluding alcohol, provided by Council to appropriate refreshments support Councillors undertaking official business Act The Local Government Act 1993 (NSW) Annual Conference Local Government NSW Annual Conference Unless stated otherwise, a reference to a clause is a reference to clause a clause of this Policy Code of Conduct The Code of Conduct adopted by Council A person elected or appointed to civic office as a member of the Councillor governing body of Council who is not suspended, including the Mayor The General Manager of Council and includes their delegate or General Manager authorised representative Telecommunications and Information Communications and ICT Technology Use that is infrequent and brief and use that does not breach this incidental person use Policy or the Code of Conduct Travel to other parts of NSW of more than three hours duration by long distance intrastate travel private vehicle The maximum limit for an expense or facility provided in the text maximum limit and summarised in the table on Page 2 of this Policy NSW New South Wales Functions that the Mayor or Councillors are required or invited to attend to fulfil their legislated role and responsibilities for Council or result in a direct benefit for Council and/or for the local government area, and includes: . meetings of Council and committees of the whole official business . meetings of committees facilitated by Council . civic receptions hosted or sponsored by Council . meetings, functions, workshops and other events to which attendance by a Councillor has been requested or approved by Council A seminar, conference, training course or other development professional development opportunity relevant to the role of a Councillor or the Mayor Regulation The Local Government (General) Regulation 2005 (NSW) The financial year, that is the 12 month period commencing on year 1 July each year
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Section: 10. GENERAL MANAGER'S REPORT & SUPPLEMENTARY MATTERS
Agenda Item: CLAUSE 7. Riverina & Murray Regional Organisation of Councils Annual General Meeting and Quarterly Meeting - November 2017
Attachment 11.7.1 RAMROC AGM Minutes 081117
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MINUTES OF THE ANNUAL GENERAL MEETING OF THE RIVERINA AND MURRAY REGIONAL ORGANISATION OF COUNCILS (RAMROC), HELD IN THE IAN GILBERT ROOM AT THE JERILDERIE OFFICES OF MURRUMBIDGEE COUNCIL ON WEDNESDAY 8th NOVEMBER 2017
PRESENT
Albury City: Cr Kevin Mack (Chair) Mr Frank Zaknich
Balranald: Cr Leigh Byron Aaron Drenovski
Berrigan: Cr Matthew Hannan Mr Fred Exton
Carrathool: Cr Peter Laird Ms Joanne Treacy
Edward River: Cr Norm Brennan Mr Adam McSwain
Federation: Cr Patrick Bourke Mr Peter Gall
Greater Hume Shire: Apology
Griffith City: Cr John Dal Broi Mr Graham Gordon
Hay: Cr Mick Rutledge Ms Kirstyn Thronder
Leeton: Cr Paul Maytom Ms Jackie Kruger
Murray River: Cr Chris Bilkey Mr Des Bilske
Murrumbidgee: Cr Ruth McRae Mr Craig Moffitt
Narrandera: Cr Neville Kschenka Mr George Cowan
Wentworth: Mr Peter Kozlowski
RAMROC: Mr Ray Stubbs Executive Officer
Guests: Mr Austin Evans – Member Elect Murray Electorate Mr Brenton Woolston – Managing Director Almondco Australia Mr James McTavish – NSW Cross Border Commissioner
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CONDOLENCE
The Chairperson referred to the recent passing of long serving Councillor and RAMROC Chairperson Terry Hogan AM after a serious illness. Cr Mack spoke of Terry’s achievements and in particular his outstanding 45 years of service to Local Government, the rice industry and the communities of the Riverina Murray region.
WELCOME
The Chairperson extended a warm welcome to recently elected Mayors Cr Ruth McRae (Murrumbidgee), Cr Chris Bilkey (Murray River) and Cr Norm Brennan (Edward River); as well George Cowan (GM at Narrandera), Fred Exton (Acting GM at Berrigan), Peter Gall (Acting GM at Federation) and Graham Gordon (Acting GM at Griffith).
The Chairperson also welcomed the State Member Elect for Murray Austin Evans, the NSW Cross Border Commissioner James McTavish and former National President of Murray Darling Association Greg Toll.
1. APOLOGIES
Cr Susan Nichols (Wentworth Shire), Cr Bill Sheaffe (Hay), Ms Steph Cooke (Member Elect for Cootamundra Electorate), Brett Stonestreet (GM Griffith), Rowan Perkins (GM Berrigan) and Ms Trudi McDonald (Regional Coordinator Department Premier and Cabinet)
RESOLVED that the apologies be received and noted (Moved Edward River and seconded Hay)
2. MINUTES OF ANNUAL GENERAL MEETING HELD AT JERILDERIE ON 2ND NOVEMBER 2016
RESOLVED that the Minutes of the previous Annual General Meeting, held at Jerilderie on Wednesday 2nd November 2016 be confirmed (Moved Griffith and seconded Leeton)
3. RAMROC ANNUAL REPORT FOR PERIOD 1ST OCTOBER 2016 TO 30TH SEPTEMBER 2017
RESOLVED that the Annual Report of RAMROC activities for the year ended 30th September 2017 be received and adopted (Moved Hay and seconded Griffith)
4. AUDITORS REPORT AND ANNUAL FINANCIAL STATEMENTS FOR YEAR ENDED 30TH JUNE 2017
RESOLVED that the Auditor’s Report, Management Letter and the 2016-2017 Annual Financial Statements as presented be noted and adopted (Moved Murray River and seconded Leeton)
5. REMUNERATION FOR CHAIPERSON POSITION FOR 2017-2018
RESOLVED that the Chairperson’s Remuneration for the year October 2017 to September 2018 be set at $7,500 per annum (Moved Griffith and seconded Edward River) 2
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6- ELECTION OF OFFICE BEARERS FOR 2017-2018 (Executive Officer as Returning Officer) a. Position of Chairperson
The Returning Officer invited nominations for the position of Chairperson for the ensuing term. Only one nomination was received, that being for Cr Kevin Mack Mayor of Albury City.
The Returning Officer declared Cr Kevin Mack elected unopposed
b. Position of Deputy Chairperson
The Returning Officer invited nominations for the position of Deputy Chairperson for the ensuing term. Only one nomination was received and accepted, that being for Cr John Dal Broi Mayor of Griffith City.
The Returning Officer declared Cr John Dal Broi elected unopposed
c. Position of Secretary Treasurer
The Returning Officer invited nominations for the position of Secretary Treasurer for the ensuing term Only one nomination was received, that being for Des Bilske Acting General Manager at Murray River Council.
The meeting noted that the position of Secretary Treasurer traditionally is filled by the General Manager of the Administering Council, being Murray River Council.
The Returning Officer declared Des Bilske elected as Secretary Treasurer during his tenure as Acting General Manager, the ongoing position of Secretary Treasurer to be filled in due course by the appointed General Manager of the Murray River Council
6. APPOINTMENT OF AUDITORS FOR 2017-2018 FINANCIAL YEAR.
RESOLVED that the Stubberfield Group (Accounting and Taxation), 25-31 Nish Street, Echuca Victoria be appointed as RAMROC’s Auditors for the 2017-2018 Financial Year (Moved Berrigan and seconded Murrumbidgee)
7. TENTATIVE MEETING SCHEDULE FOR 2018
The meeting considered a report by the Executive Officer in relation to the setting of RAMROC meeting dates for 2018, subject to change as may become necessary.
RESOLVED that the tentative meeting schedule for 2018 be as follows:- Wednesday 14th February 2017 Wednesday 9th May 2017 Wednesday 8th August 2017 Wednesday 14th November 2017 – Annual General Meeting (Moved Murrumbidgee and seconded Leeton)
There being no further business, the Annual General Meeting concluded at 10.24 am
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Section: 10. GENERAL MANAGER'S REPORT & SUPPLEMENTARY MATTERS
Agenda Item: CLAUSE 7. Riverina & Murray Regional Organisation of Councils Annual General Meeting and Quarterly Meeting - November 2017
Attachment 11.7.2 RAMROC General Meeting Minute s 081117
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MINUTES OF THE GENERAL MEETING OF THE RIVERINA AND MURRAY REGIONAL ORGANISATION OF COUNCILS (RAMROC), HELD IN THE IAN GILBERT ROOM OF THE MURRUMBIDGEE COUNCIL ADMINISTRATION CENTRE AT JERILDERIE ON WEDNESDAY 8TH NOVEMBER 2017 AT 10.25 AM
PRESENT
Albury City: Cr Kevin Mack (RAMROC Chairperson) Mr Frank Zaknich
Balranald: Cr Leigh Byron Mr Aaron Drenovski
Berrigan: Cr Matthew Hannan Mr Fred Exton
Carrathool: Cr Peter Laird Ms Joanne Treacy
Edward River: Cr Norm Brennan Mr Adam McSwain
Federation: Cr Patrick Bourke Mr Peter Gall
Greater Hume: Apology
Griffith City: Cr John Dal Broi Mr Graham Gordon
Hay: Cr Mick Rutledge Ms Kirstyn Thronder
Leeton: Cr Paul Maytom Ms Jackie Kruger
Murray River: Cr Chris Bilkey Mr Des Bilske
Murrumbidgee: Cr Ruth McRae Mr Craig Moffitt
Narrandera: Cr Neville Kschenka Mr George Cowan
Wentworth: Mr Peter Kozlowski
RAMROC Mr Ray Stubbs (Executive Officer)
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234 MEETING GUESTS:
Austin Evans – Member Elect for the Murray Electorate Mr James McTavish – NSW Cross Border Commissioner Mr Brenton Woolston – Managing Director Almondco Australia
MRRR 1 - WELCOME
The Chairperson extended a warm welcome to recently elected Mayors Cr Ruth McRae (Murrumbidgee), Cr Chris Bilkey (Murray River) and Cr Norm Brennan (Edward River); as well George Cowan (GM at Narrandera), Fred Exton (Acting GM at Berrigan), Peter Gall (Acting GM at Federation) and Graham Gordon (Acting GM at Griffith)
The Chairperson also welcomed the State Member Elect for Murray Austin Evans, the NSW Cross Border Commissioner James McTavish and the former National President of Murray Darling Association Greg Toll
MRRR 2 - APOLOGIES
Cr Susan Nichols (Wentworth Shire), Cr Bill Sheaffe (Hay), Ms Steph Cooke (Member Elect Cootamundra Electorate), Brett Stonestreet (GM Griffith), Rowan Perkins (GM Berrigan) and Ms Trudi McDonald (Regional Coordinator Department Premier and Cabinet)
RESOLVED that the apologies be received and noted (Moved Murrumbidgee and seconded Leeton)
MRRR 3 – MINUTES OF RAMROC MEETING HELD AT JERILDERIE ON WEDNESDAY 9TH AUGUST 2017
RESOLVED that the Minutes of the RAMROC Meeting held at Jerilderie on Wednesday 9th August 2017 be confirmed (Moved Narrandera and seconded Murrumbidgee)
MRRR 4 – MATTERS ARISING FROM MINUTES OF 9TH AUGUST 2017 MEETING
The Executive Officer verbally updated the meeting on the following matters arising from the Minutes of the August 2017 meeting
LED Street Lighting and Smart Controls – discussions with Government and Essential Energy Energy Savings Certificates – Proposals by ESC Providers now under consideration Joint Organisations Status – Government’s information regarding legislation and timetable RMS – Local Government representation on RMCC Committee TCorp – access to loan borrowing facilities proposed for Councils previously rejected under FFTF on scale and capacity grounds
MRRR 5 - PRESENTATIONS
5.1 – Brenton Woolston Managing Director Almondco Australia
Brenton Woolston gave an interesting powerpoint presentation regarding the growth of the almond industry in the region and the potential for further growth in coming years, including the planned expansion of the Hanwood processing facility, for which the first stage was opened in June 2017. A copy of Brenton’s powerpoint slideshow is distributed with the Meeting Minutes.
The Chairman thanked Brenton for making his personal time available to attend the RAMROC Meeting and for delivering his comprehensive presentation.
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235 5.2 – James McTavish – NSW Cross Border Commissioner
James McTavish provided the meeting with a comprehensive update of his CBC work program and his engagement with the NSW Government and other neighbouring jurisdictions and agencies in addressing a wide range of cross border issues, including a decision by the Victorian Government to now commission a Business Case proposing the establishment of a Cross Border Commissioner in Victoria.
James responded to questions from delegates and the Chairman thanked him for his interesting presentation. A copy of the CBC’s powerpoint slideshow is distributed with the Meeting Minutes.
Item 5.3 – Austin Evans – Member Elect for the NSW Murray Electorate
The Chairman extended congratulations on behalf of the RAMROC Member Councils and communities on Austin’s recent election to the NSW Parliament representing the Murray Electorate, which embraces a large proportion of the RAMROC region. Austin briefed the meeting on a range of important issues that he will be advocating for on behalf of the region, including the redgum timber industry, infrastructure improvements and the availability of water for food and fibre production.
MRRR 6 – EXECUTIVE OFFICERS REPORT
Item 6.1 – Independent Review of the Regional Development Australia (RDA) Program
Consideration was given to the Executive Officer’s written report in relation to the outcomes of the Commonwealth Government’s review of the RDA program and its decision to maintain and re-focus the program whereby RDAs will effectively become brokers for regional investment, so as to drive economic growth and create employment.
RESOLVED that the Executive Officer’s report be received and noted (Moved Griffith and seconded Narrandera)
Item 6.2 – NSW Container Deposit Scheme – “Return and Earn” – Background and Status
The Executive Officer reported on the current status of the CDS which is scheduled to commence on 1st December 2017. He reported that a number of implementation actions remain outstanding, principally in relation to the establishment of collection points across the RAMROC region and he is seeking feedback from Member Councils on specific issues of concern.
RESOLVED that Councils provide feedback to the Executive Officer in relation to the following matters:- Establishment of collection points within Council areas; Negotiations with MRF contractors for sharing of income for containers processed through kerbside recycling contracts Issues encountered under the new EPA changes for establishment of collection points in retail centres where carparking spaces are required to be used for the CDS scheme (Moved Murrumbidgee and seconded Edward River)
Item 6.3 – Transport for New South Wales- Draft Strategy for Future Transport 2056
Consideration was given to the EO’s report in relation to the NSW Government’s new 40 year vision being developed by Transport for NSW, which is focusing on transport decisions needed to prepare for major population and infrastructure changes across the State leading to the year 2056. The Government has invited submissions on the Draft Plan, closing on 3rd December and the EO is seeking feedback from Councils in order to facilitate a RAMROC regional submission.
RESOLVED that Member Councils provide feedback to the EO for the purposes of a RAMROC regional submission (Moved Griffith and seconded Edward River)
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236 Item 6.4 – Local Government Procurement and LGNSW Negotiations re LGP Group Rebate Scheme
The Executive Officer reported on the current status in relation to August 2017 meetings with LGNSW and LGP concerning payments by LGP to RAMROC under the 2015 Group Rebate Agreement.
RESOLVED that the Executive Officer’s report be noted and that the actions taken and now proposed be endorsed (Moved Griffith and seconded Murrumbidgee)
Item 6.5 – LGNSW Conference Motions – Proposed Independent Value Proposition Audit of LGNSW Performance and Costs and LGP Rebate Agreement
Arising from general dissatisfaction by a number of Councils with aspects of LGNSW’s performance and in particular with RAMROC’s unsatisfactory meetings with LGNSW and LGP regarding the Group rebate Scheme Agreement of April 2015, motions have been submitted to the December 2017 LGNSW Conference by Albury City and Blacktown City Councils. These motions call for an independent Value Proposition Audit of LGNSW and the restoration of the 2015 LGP Agreement rebates payable to ROCs for the 2016-2017 year.
RESOLVED 1. That RAMROC recommend to Councils’ Delegates to the 2017 LGNSW Conference in early December that they provide voting support to the Conference Motions set out in the Executive Officer’s report, as have been submitted to Conference by Albury City and Blacktown City
2. That RAMROC recommend to Councils’ Delegates that they provide voting support to those RAMROC Mayors or Councillors from Member Councils who have lodged nominations for positions on the LGNSW Executive. (Moved Griffith and seconded Murrumbidgee)
Item 6.6 – RAMROC’s Strategic Regional Focus
The Executive Officer reported on the importance of the RAMROC Board and General Managers’ Group ensuring that a strong regional focus be maintained in the planning and implementation of RAMROC’s activities and he sought feedback from Member Councils in relation to the policies and strategies currently specified in the 2017-2019 Strategic and Operational Plan.
RESOLVED that Member Councils provide feedback to the Executive Officer regarding RAMROC’s strategic regional role and direction for the future. (Moved Federation and seconded Edward River)
Item 6.7 – NSW Regional Development Framework and Regional Growth Fund Programs
The Executive Officer provided an overview of the State Government’s regional development initiatives and funding programs in accord with its 2016 Regional Development Framework and the Regional Growth Fund, including the establishment of Functional Economic Regions (FERs) and the associated Regional Economic Development Strategies (REDS).
RESOLVED that the report by the Executive Officer be received and noted (Moved Leeton and seconded Berrigan)
MRRR 7 – RAMROC QUARTERLY FINANCIAL STATEMENTS FOR THE PERIOD ENDED 30TH SEPTEMBER 2017
Consideration was given to the first quarter RAMROC financial statements, with indications being that the budget items for income and expenditure are all on track at this stage.
RESOLVED that the quarterly Financial Statements for the period ended 30th September 2017 be received and noted (Moved Albury and seconded Griffith) 4
237 MRRR 8 – RAMROC WORKING GROUP MINUTES
Consideration was given to the Minutes of the following RAMROC Working Group Minutes:-
8.1 Murray Waste Group Meeting – 2nd August 2017 8.2 Riverina Waste Group Meeting - 20th September 2017 8.3 RAMROC Planners Group Meeting – 31st August 2017 8.4 RAMROC Engineers Group Meeting – 19th October 2017 8.5 RAMROC General Managers Group Meeting – 20th October 2017
RESOLVED that the Minutes of the RAMROC Working Groups be received and that the actions taken therein be endorsed (Moved Carrathool and seconded Murray River)
MRRR 9 – GENERAL BUSINESS ITEMS
9.1 – NSW Government Fit for the Future – Establishment of Voluntary Joint Organisations
Consideration was given to a joint media announcement on 3rd November 2017 by the Deputy Premier the Hon John Barilaro MP and the Minister for Local Government the Hon Gabrielle Upton MP, indicating that the NSW Government will shortly introduce new laws under the Local Government Act to allow Councils in regional NSW to voluntarily create new Joint Organisations to commence in July 2018.
The Office of Local Government has set out a series of next steps and a proposed timetable, the objective being that new Joint Organisations will be ready to start in July 2018. OLG has indicated that it is available to facilitate and support consultations across all regional areas if requested to do so.
In July 2016, RAMROC workshopped potential options for the Riverina Murray region, which canvassed the strengths and weaknesses of three potential options – these being:-
Option 1 - one large JO embracing the whole of the Riverina Murray region
Option 2 - two JOs – generally in accord with the existing REROC and RAMROC boundaries – a Riverina JO and a Murray Murrumbidgee JO (MAMJO)
Option 3 -four JOs – comprising a Riverina JO, an Upper Murray JO, a Mid-Murray JO and a Murrumbidgee JO
At that stage, option 2 was adopted as the preferred model, i.e. the establishment of a Murray Murrumbidgee Joint Organisation.
RESOLVED that in the first instance the Chair and Executive Officer meet with the REROC Chair and Executive Officer, in order to canvass REROC’s position in relation to the potential option of having one large JO comprising the whole of the Riverina Murray. Further, that during December a further workshop be held and facilitated by OLG to examine potential Joint Organisation options (Moved Federation and seconded Edward River)
9.2 - Water NSW – Customer Advisory Groups for the Murray and Murrumbidgee River Systems
Cr Paul Maytom referred to his position as the RAMROC representative on the Murrumbidgee System Customer Advisory Group, which came into effect on 1st July 2017. He advised that the rules of the CAGs do not permit the distribution of meeting minutes, although there is a Water NSW summary of issues considered, to enable representatives to provide feedback to their nominating organisations.
The Executive Officer will submit a report to the February 2018 RAMROC meeting, clarifying the charter and functions of the Customer Advisory Groups for both the Murray and Murrumbidgee Systems and the mechanisms which enable information feedback to stakeholder organisations and communities.
There being no further business, the meeting concluded at 1.04 pm 5
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Section: 10. GENERAL MANAGER'S REPORT & SUPPLEMENTARY MATTERS
Agenda Item: CLAUSE 7. Riverina & Murray Regional Organisation of Councils Annual General Meeting and Quarterly Meeting - November 2017
Attachment 11.7.3 RAMROC Meeting 081117 Cross B order Commissioner Presentati on
239 Working Collaboratively NSW Cross-Border Commissioner Helping to build resilient cross-border communities and businesses contributing to a stronger NSW economy
Presentation to RAMROC James McTavish, NSW Cross-Border Commissioner Wednesday 8 November 2017
240 Scope • Background and environment • NSW CBC Role and Function - History - Role and Function - Activity within NSW - Activity with other jurisdictions • Interjurisdictional agreements - Governance - 16/17 worklist - 17/18 worklist • Emerging opportunities with Victoria • Questions
241 Addressing Cross-Border issues is part of our core business
242 NSW Cross-Border Commissioner • 2011 election commitment • Supports NSW Premier’s and State Priorities - Making it Happen - Regional Economic Development Strategy - Agency activity • CBC Business Plan 15-18 - Themes centred on the evolved CBC functions - Vision. Resilient cross-border communities and businesses contributing to a stronger NSW economy - Purpose. To address cross-border issues facing communities, businesses and organisations that live, work and operate in NSW.
243 NSW CBC Activity in NSW • Engagement with NSW agencies on full range of issues - Regionally through regional governance framework - Statewide through agency execs and Ministers, including Cabinet • Prioritisation of effort in issues resolution - Supporting NSW Premier’s priorities • Input into reviews and inquiries • Development of agreements with ACT CM and Queensland Premier • Continuing engagement with other governments, including Victoria
244 NSW CBC Activity in NSW • In the last month we have - Wills and guardianship progressed items and policies - Child protection associated with - Domestic violence - Regional economic - Assisted dying development - NDIS - Infrastructure and utilities - Occupational licensing - Regional plans - Healthcare service delivery - Emergency services and - Aged care - Tourism and regional emergency management promotion - Policing and justice - Biosecurity regulation - Education - Biodiversity reforms and pest -VET management - Business regulation and - Waste management reporting - Data sharing - Transport, including the - Domestic violence Future Transport programme - Indigenous disadvantage - Freight - Youth unemployment - Inland rail - Macropod harvesting - State based taxation - NCAT
245 NSW/Qld Statement and ACT/NSW MoUs • Developed over the last 24 months after extensive consultation within NSW and with Qld and ACT • Revises the agreements signed in 2011 • Provide for enhanced accountability and transparency • Requires revision of agreed tasks and outcomes by FY • Requires reporting through Parliamentary Secretaries, Cabinet and Secretaries Board • Revised in full after three years.
246 MoU Priority Action Areas • ACT - Regional economic development including collaborative planning and infrastructure development - Natural and built environment - Integrated service planning • Qld - Regional Economic Development - Aligning services and sharing information - Public transport • Issues of national significance including waste management, NDIS, DV, heavy vehicle regulation
247 248 Opportunities with Victoria • Ongoing meetings with Victorian agencies and local government • Cross-Border focus in Regional Partnerships • Victorian announcement of CBC Business Case • Opportunity to formalise activity with Victoria to support identified outcomes • Identification of priority areas for action
249 Issues previously identified • From listening tour report: • From previous consultation: - State Taxes - Business regulation - Building and Construction - Road rules - Occupational licensing regulation - Public transport - Education - Police and emergency - Transport services - Health - Youth employment - VET - Community services - Regional economic - Policing and Attorney development General - Access to utilities - Emergency Management - Economic enabling infrastructure - Liquor and gaming - Community services, - Agriculture including NDIS - Fisheries - Health services - Environment - Regional tourism and promotion - Tourism - Construction regulation - Regional planning - Biosecurity
250 Contemporary issues identification • 7 August – RMN in Wagga Wagga • 18 August - Meeting with Regional Development Victoria • September – Briefing chairs of Victorian Regional Partnerships in Melbourne • November – Final Victorian CBC business case • Requirement for contemporary NSW issues to be included in discussions • Attachment 1 to Business Paper - Return by 30 November - Call or email me directly at any time • Newsletter, CSAT and other activities
251 Addressing Cross-Border issues is part of our core business
252 Questions
253 Working Collaboratively NSW Cross-Border Commissioner Helping to build resilient cross-border communities and businesses contributing to a stronger NSW economy
Presentation to RAMROC James McTavish, NSW Cross-Border Commissioner Wednesday 8 November 2017
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Section: 10. GENERAL MANAGER'S REPORT & SUPPLEMENTARY MATTERS
Agenda Item: CLAUSE 7. Riverina & Murray Regional Organisation of Councils Annual General Meeting and Quarterly Meeting - November 2017
Attachment 11.7.4 RAMROC Meeting 081117 Almondc o Presentation
255 “Built by Almond Growers for Almond Growers”
Wednesday 8th November 2017– Murrumbidgee Council Centre
Jerilderie 256 The Australian Almond Industry
Presented by: Brenton Woolston Managing Director Almondco Australia Limited 257 Australian Almond Industry 2017 Industry Snapshot 2017
• There are approx. 180 almond producers. • Across 4 states and 6 major growing regions • The current orchard area is 40,000 Ha’s following winter planting. • Interest from Australian and overseas investors is continuing. • Production in 2017 was 80,800 metric tonnes of kernel weight. • The industry’s value in 2016/17 was $600 million. • Domestic sales increased 9.9% in 2016/17. • Per capita consumption in Australia exceeded 1 kg for the first time. • Almonds remain Australia’s most valuable horticultural export. • Production will lift to 130,000 mt by 2025 if no more plantings occur after 2018. 258 Australian Almond Industry 2017 Industry Snapshot 2017 – Australia – The Major Southern Hemisphere Producing Country
259 Australian Almond Industry 2017
• Australia produced 7.7% of the 2016 global crop Chile 1.1% Turkey 1.2% Others 5.2% Spain 4.4%
Australia 7.7% Counter seasonal to California & Spain
USA 80.3% California Crops 2016 860,000 tonnes 2017 1,000,000 tonnes 260 Australian Almond Industry 2017 Almond Board of Australia (ABA)
ABA’s Role
As the Australian almond industry’s peak body, the ABA: • Facilitates further growth of the industry. • Seeks to maximise its profitability and sustainability.
The ABA does this by providing a platform for industry members to collectively: • Respond to industry wide issues. • Invest in market development. $20 / t voluntary levy • Invest in R&D and monitor research program. $20 / t levy • Share knowledge. • Interact with Government and other Stakeholders.
261 Australian Almond Industry 2017 Industry Snapshot 2017 • The orchard area in 2016 was 36,000 hectares
38,000 35,000 32,000 29,000 26,000 23,000 20,000
Hectares 17,000 14,000 11,000 8,000 5,000
262 Australian Almond Industry 2017 Industry Snapshot 2017 • The approx. 180 almond producers are made up of:
200+ Hectares 13% 150 - 200 Hectares 8% 100 - 150 Hectares 5% 50 - 100 Hectares 9%
263 Australian Almond Industry 2017 Industry Snapshot 2017 • Two million virus tested buds were delivered by the ABA to nurseries in 2017 for grafting to produce trees for .
264 Australian Almond Industry 2017 Industry Snapshot 2017
• Orchard area planted to almonds increased by 15.8% or 4,904 hectares in 2016. Estimated similar plantings in 2017.
6000
5000
4000 Hectares Planted Each Year
3000
2000
1000
0 2012 2013 2014 2015 2016 2017
265 Australian Almond Orchards
Annual Plantings by State 7,000.00 6,000.00 Riverina NSW 5,000.00 4,000.00
Hectares 3,000.00 2,000.00 1,000.00 -
SA VIC NSW WA
266 Australian Almond Orchards
2016 Planting Data
Over 10 million almond trees planted in Australia
267 Australian Almond Industry 2017 Industry Snapshot 2017 • The current orchard area is now 35,886 hectares 2015 - 31,000 hectares Hive Requirements: 185,000 hives Water Requirement: 434,000 megalitres 2016 - 36,000 hectares Hive Requirements: 215,000 hives Water Requirement: 502,000 megalitres Near Future – 46,000 hectares Hive Requirements: 276,000 hives Water Requirement: 644,000 megalitres
268 Australian Almond Industry 2017 Water 97% of almond orchards are irrigated using drip systems managed by soil moisture monitoring technology. The other 3% are under tree sprinkler irrigated.
The almond industry relies on the water market to distribute this limited resource to those enterprises delivering the highest value return. There is much greater sophistication in the purchase of water on both the permanent and temporary water markets now than in the past. There is a much better understanding of allocations and water management. The Barmah Choke is an issue of concern as demand for irrigation water in the Summer peak period is increasing. 269 “Built by Almond Growers for Almond Growers”
Almondco growers in all growing regions across 4 states
“Premium Australian Almonds”
270 • About Almondco Australia: • Company founded in 1944 as a grower co-operative & was based just outside Adelaide, South Australia
• In December 1985 the Almond Co-op followed the industry & relocated to Berri in the Riverland, entering into a joint processing/marketing arrangement with Berrivale Orchards (Now “National Foods” )
• Our current HQ Renmark site was purpose built in 1994 & officially opened in 1995
• In 1994 the company was renamed ‘Almondco Australia Limited’ at which time growers were issued shares & becameAlmondco shareholders growers of the in business all growing regions across 4 states • In February 2012 Almondco acquired its main grower patronised “Primary Processor” (Hulling & Shelling Operation) at Lyrup in SA to enhance supply chain value & efficiencies
• In 2017 Almondco officially opened & operated our third ‘new’ facility in Hanwood NSW to support the almond growers in the Riverina region
Almondco will celebrated 75 years in business in 2019
“Almondco was built by almond growers for the benefit of almond growers” 271 “Built by Almond Growers for Almond Growers” ✓ Almondco is a 100% almond dedicated business ✓ Specialising in bulk processing & marketing ✓ Extensive value – add component in business ✓ 85% of Australian almond growers are members of Almondco Australia ✓ Currently process 30% of the Australian crop (tonnage) Almondco growers in all ✓ Grower focused structuregrowing & regions culture across = more 4 states value $ to our members ✓ World class processing facilities ✓ Globally respected & sort after Brand ✓ Recognised for Premium Quality and Ethical trading standards ✓ Industry Leader in Food Safety Systems & Products ✓ Established Global Markets
272 “Built by Almond Growers for Almond Growers”
Labour efficient – Mechanically Harvested Globally Competitive
273 “Building Capacity for the Future” 3 Sites – 2 States: • New Facility – Hanwood NSW • Renmark SA - HQ • Lyrup SA – Primary Processing
274 The Vision 275 276 ➢ Stage 1 Cost: $25 million dollars ➢ Site & equipment integration ready for Stage 2 ➢ Commenced operations on 22nd April 2017 ➢ Full operations from March to June ➢ Currently 2 FTE - staff ➢ During season 10 casuals required per shift ➢ 2018 will sort, pack & export almond in-shell to various global destinations ➢ 2017 Rivernia tonnage represented 17% of company in-take
277 Almonds are a Healthy, Shelf Stable & VERSATILE product
“WASTE” Efficient 278 Almonds are Versatile & Globally Competitive
Prices in USD/lb
Presents stable pricing & value for money
279 Almonds are Versatile Market Sub-Category breakdown of new almond products: MAT March 2017:
Almonds are No.1 in product introductions
280 Australian Almonds ✓ Globally competitive crop ✓ Established Export markets ✓ Counter seasonal ✓ Labour Efficient throughout the supply chain ✓ Water Efficient - Sophisticated drip & monitoring systems ✓ Waste Efficient throughout the supply chain ✓ Robust – Shelf & storage stable ✓ Versatile – Across many product segments & eating occasions ✓ Naturally Healthy & Food Safe– Backed by global research ✓ High value crop $$ ✓ High Return $$ on water & Land use ✓ Collaborative Industry
✓ Excellent track record 281 “Built by Almond Growers for Almond Growers”
“Thank you” Any Questions?
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