Committees of Council

NORTH SYDNEY COUNCIL

Council Chambers 26 June 2014

I wish to inform you that a Meeting of the GOVERNANCE COMMITTEE will be held in the Supper Room at 6 pm on Monday 30 June 2014 when your attendance is requested.

Your attention is directed to the accompanying statement of the business proposed to be transacted at such meeting.

WARWICK WINN GENERAL MANAGER

BUSINESS

1. Minutes Confirmation of Minutes of the previous Meeting held on 14 April 2014. (Circulated)

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2. G01: Mayoral Minutes and Deputy Mayor - Clarification Report of Jenny Gleeson, Manager Corporate Planning and Governance In adopting the minutes of the Governance Committee meeting held 10 February 2014, Council at its meeting of 17 February 2014 resolved (Min No. 37): THAT a further report be prepared for Council’s consideration, including advice on the nature, use and timing of Mayoral Minutes, including defining urgency; in preparing the report staff seek advice from the Division of Local Government, Local Government NSW and best practice advice. THAT a report be prepared for Council’s consideration regarding the formalisation of the Deputy Mayor’s role when the Mayor is unavailable or on leave (including briefing and hand over), civic functions and the feasibility of a supplementary allowance in the context of best practice advice. The report addresses the above mentioned resolutions. Recommending: 1. THAT the report be received.

3. G02: Proposed amendments to Code of Meeting Principles and Practice Report of Ian Curry, Governance Coordinator The purpose of this report is to propose amendments to the Code of Meeting Principles and Practice to clarify the existing arrangements for dealing with matters brought forward on the agenda and to recommend the addition of a rest break adjournment and a clause relating to acknowledgement to the Chair when leaving the Chamber during a Council meeting. The Code of Meeting Principles and Practice was last considered by Council at its meeting on 17 February 2014. Recommending: 1. THAT Council determine if it wishes to change the Order of Business to reflect current practice regarding Matters Brought Forward; and add clauses regarding a rest break adjournment and acknowledgement of the Chair when leaving the Chamber during a Council meeting. 2. THAT the Amended Code of Meeting Principles and Practices be placed on public exhibition for 28 days. 2. THAT should Council receive submissions, a further report be prepared for Council’s consideration. Should Council receive no submissions, Council consider the Amended Code of Meeting Principles and Practices as adopted at the end of the closing period for submissions.

4. G03: Ward Forums 2014 Report of Jenny Gleeson, Manager Corporate Planning and Governance Council at its meeting of 17 February 2014 (Min No. 37), resolved in part: THAT Council note the findings of the Ward Forums survey and consider increasing the frequency of Ward Forums for 2014 to two per Ward, per year as part of the 2014/15 budget process. The proposed increase from four to eight Ward Forums was included in the Draft Amended Delivery Program 2013/14-2016/17/Operational Plan 2014/15

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which was exhibited for 28 days in May 2014. No written submissions were received in response to this proposed amendment. Due to the timing of the adoption of the Amended Delivery Program 2013/14- 2016/17/Operational Plan 2014/15 and remaining availability within the corporate calendar it is not be possible to hold eight events in 2014. It is therefore recommended that only four be held in 2014 i.e. one per Ward. The Victoria Ward Forum has already been held (15 April) leaving only three forums to be scheduled for the reminder of 2014. An increase in funding for eight Ward Forums was included in the Amended Delivery Program 2013/14-2016/17/Operational Plan 2014/15; which adopted by Council at its meeting of 23 June 2014 (Min No. 212). Recommending: 1. THAT that tentative dates be scheduled for the remaining 2014 Ward Forums so venues can be secured.

5. G04: Councillor Professional Development Plan 2014/15 Report of Jenny Gleeson, Manager Corporate Planning and Governance This report summarises the training, briefing, workshops and conferences attended by Councillors during the 2013/14 financial year and recommends training for the 2014/15 financial year. The 2014/15 Councillor training and conference budget allocations were adopted by Council at its meeting 23 June 2014 as part of the Amended Delivery Program/Operational Plan 2014/15. Based on 2013/14 expenditure the 2014/15 budget will be reconsidered at the September 2014 budget review, and can include any recommendations arising from consideration of this report. Recommending: 1. THAT Council determine its training requirements for the 2014/15 financial year.

6. G05: General Manager Performance Review Panel - Appointment Report of Warwick Winn, General Manager In accordance with the ‘Guidelines for the Appointment and Oversight of General Managers’ issued by the Office of Local Government (OLG) under Section 23 of the Local Government Act 1993:  The performance of the general manager must be reviewed at least annually against the agreed performance criteria for the position.  The council is to establish a performance review panel and delegate the task of performance reviews of the general manager to this panel.  Performance review panels should comprise the Mayor, the Deputy Mayor, another Councillor nominated by Council and a Councillor nominated by the General Manager.  The role of the review panel includes: conducting performance reviews; reporting the findings and recommendations of those reviews to council; and development of the performance agreement.

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The 2013/14 Performance Review Panel consisted of the Mayor, Deputy Mayor, Councillors Beregi and Marchandeau. It is now time to appoint the Panel for 2014/15.

Local Government NSW’s Management Solutions have been engaged to provide facilitation of the performance management process. The first meeting of the 2014/15 Review Panel must occur before 14 July 2014 to set the General Manager’s performance agreement. The General Manager’s contact of employment commenced on 15 April 2014. In accordance with Clause 7.1 of the contract, within three months after the commencement date the employee and the Council must sign a performance agreement setting out agreed performance criteria. The Facilitator is available anytime Tuesday 1 July, Monday 7 July, Tuesday 8 July and Wednesday 9 July to meet with the Review Panel. Appointed Panel members will need to confirm their availability at the close of the Governance Committee meeting. Recommending: 1. THAT the General Manager’s Performance review panel comprise the Mayor, the Deputy Mayor, another Councillor nominated by Council and a Councillor nominated by the General Manager. 2. THAT Council nominate one Councillor and the General Manager nominate one Councillor to the panel for 2014/15. 3. THAT Council delegate to the Panel the role of:  conducting performance reviews  reporting the findings and recommendations of those reviews to council  development of the performance agreement.

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DECISION OF 3648th COUNCIL MEETING HELD ON 28 APRIL 2014

130. G03: Governance Committee - 14 April 2014 Report of Jenny Gleeson, Manager Corporate Planning and Governance This report presents the recommendations of the last meeting of the Governance Committee held on 14 April 2014, for Council adoption. The minutes are attached for information. Recommending: 1. THAT Council determines not to submit any Motions to the 2014 National General Assembly of Local Government, under the theme of 'Getting Down to Business'. 2. THAT Attachment1 - Discussion Paper be endorsed by Council. 3. THAT a progress report regarding the outcomes of the 2014 National General Assembly of Local Government be presented to Council in due course. 4. THAT interested Councillors nominate their interest in attending the 2014 National General Assembly of Local Government to the General Manager. 5. THAT the Amended Oversight and Liaison with General Manager Policy be deferred to a future Council meeting, and incorporate Councillor feedback. 6. THAT advice be obtained from the Office of Local Government regarding the calling/timing of Special (Extraordinary) Council meetings. 7. THAT the Reference and Working Groups role in Council’s Community Engagement Framework report be received. 8. THAT the number and structure of Reference and Working Groups be reviewed and any recommendations arising from the review be reported to the Governance Committee; and that the review include consideration of the meeting practice and minute taking. 9. THAT the summary of actions arising from the Councillor Workshop - Finance held on 1 April 2014 be noted. 10. THAT the list of proposed additional works/projected be endorsed for inclusion in the Amended Delivery Program and Budget. 11. THAT Council resolve to be a non-financial member of 10,000 Friends of Greater Sydney in 2014/15, and that the $5,000 be redirected to the Community Grants and Subsidies program. 12. THAT Council staff be thanked and congratulated on their work preparing for the preliminary budget documentation. 13. THAT the Draft Community Grants and Subsidies 2014/15 report be placed on public exhibition for a minimum of 28 days, aligning with the Amended Delivery Program/Draft Operational Plan 2014/15. 14. THAT the Draft Fees and Charges Schedule 2014/15 be endorsed and placed on public exhibition from a minimum of 28 days. 15. THAT the Amended Delivery Program 2013/14-2016/17 and Operational Plan 2014/15 be endorsed and placed on public exhibition for a minimum of 28 days commencing 1 May 2014. 16. THAT Council staff be thanked for their hard work in preparing the Amended Delivery Program 2013/14-2016/17 and Operational Plan 2014/15.

The Motion was moved by Councillor Reymond and seconded by Councillor Barbour.

Voting was as follows: For/Against 10/0

Page 6 Councillor Yes No Councillor Yes No Gibson Y Morris Y Reymond Y Robertson Absent Clare Y Burke Y Baker Out Butcher Absent Carr Y Marchandeau Y Beregi Y Bevan Barbour Y

RESOLVED: 1. THAT Council determines not to submit any Motions to the 2014 National General Assembly of Local Government, under the theme of 'Getting Down to Business'. 2. THAT Attachment1 - Discussion Paper be endorsed by Council. 3. THAT a progress report regarding the outcomes of the 2014 National General Assembly of Local Government be presented to Council in due course. 4. THAT interested Councillors nominate their interest in attending the 2014 National General Assembly of Local Government to the General Manager. 5. THAT the Amended Oversight and Liaison with General Manager Policy be deferred to a future Council meeting, and incorporate Councillor feedback. 6. THAT advice be obtained from the Office of Local Government regarding the calling/timing of Special (Extraordinary) Council meetings. 7. THAT the Reference and Working Groups role in Council’s Community Engagement Framework report be received. 8. THAT the number and structure of Reference and Working Groups be reviewed and any recommendations arising from the review be reported to the Governance Committee; and that the review include consideration of the meeting practice and minute taking. 9. THAT the summary of actions arising from the Councillor Workshop - Finance held on 1 April 2014 be noted. 10. THAT the list of proposed additional works/projected be endorsed for inclusion in the Amended Delivery Program and Budget. 11. THAT Council resolve to be a non-financial member of 10,000 Friends of Greater Sydney in 2014/15, and that the $5,000 be redirected to the Community Grants and Subsidies program. 12. THAT Council staff be thanked and congratulated on their work preparing for the preliminary budget documentation. 13. THAT the Draft Community Grants and Subsidies 2014/15 report be placed on public exhibition for a minimum of 28 days, aligning with the Amended Delivery Program/Draft Operational Plan 2014/15. 14. THAT the Draft Fees and Charges Schedule 2014/15 be endorsed and placed on public exhibition from a minimum of 28 days. 15. THAT the Amended Delivery Program 2013/14-2016/17 and Operational Plan 2014/15 be endorsed and placed on public exhibition for a minimum of 28 days commencing 1 May 2014. 16. THAT Council staff be thanked for their hard work in preparing the Amended Delivery Program 2013/14-2016/17 and Operational Plan 2014/15.

ADOPTED

Page 7 ITEM G03 REPORTS 28/04/14

NORTH SYDNEY COUNCIL REPORTS

Report to General Manager Attachments: 1. Minutes 14 April 2014

SUBJECT: Governance Committee - 14 April 2014

AUTHOR: Jenny Gleeson, Manager Corporate Planning and Governance

ENDORSED BY: Ross McCreanor, Director Corporate Services

EXECUTIVE SUMMARY:

This report presents the recommendations of the last meeting of the Governance Committee held on 14 April 2014, for Council adoption. The minutes are attached for information.

FINANCIAL IMPLICATIONS:

Nil

RECOMMENDATION: 1. THAT Council determines not to submit any Motions to the 2014 National General Assembly of Local Government, under the theme of 'Getting Down to Business'. 2. THAT Attachment1 - Discussion Paper be endorsed by Council. 3. THAT a progress report regarding the outcomes of the 2014 National General Assembly of Local Government be presented to Council in due course. 4. THAT interested Councillors nominate their interest in attending the 2014 National General Assembly of Local Government to the General Manager. 5. THAT the Amended Oversight and Liaison with General Manager Policy be deferred to a future Council meeting, and incorporate Councillor feedback. 6. THAT advice be obtained from the Office of Local Government regarding the calling/timing of Special (Extraordinary) Council meetings. 7. THAT the Reference and Working Groups role in Council’s Community Engagement Framework report be received. 8. THAT the number and structure of Reference and Working Groups be reviewed and any recommendations arising from the review be reported to the Governance Committee; and that the review include consideration of the meeting practice and minute taking. 9. THAT the summary of actions arising from the Councillor Workshop - Finance held on 1 April 2014 be noted. 10. THAT the list of proposed additional works/projected be endorsed for inclusion in the Amended Delivery Program and Budget. 11. THAT Council resolve to be a non-financial member of 10,000 Friends of Greater Sydney in 2014/15, and that the $5,000 be redirected to the Community Grants and Subsidies program.

Page 8 Report of Jenny Gleeson, Manager Corporate Planning and Governance Re: Governance Committee - 14 April 2014 (2)

12. THAT Council staff be thanked and congratulated on their work preparing for the preliminary budget documentation. 13. THAT the Draft Community Grants and Subsidies 2014/15 report be placed on public exhibition for a minimum of 28 days, aligning with the Amended Delivery Program/Draft Operational Plan 2014/15. 14. THAT the Draft Fees and Charges Schedule 2014/15 be endorsed and placed on public exhibition from a minimum of 28 days. 15. THAT the Amended Delivery Program 2013/14-2016/17 and Operational Plan 2014/15 be endorsed and placed on public exhibition for a minimum of 28 days commencing 1 May 2014. 16. THAT Council staff be thanked for their hard work in preparing the Amended Delivery Program 2013/14-2016/17 and Operational Plan 2014/15.

Page 9 Report of Jenny Gleeson, Manager Corporate Planning and Governance Re: Governance Committee - 14 April 2014 (3)

LINK TO DELIVERY PROGRAM

The relationship with the Delivery Program is as follows:

Direction: 5. Our Civic Leadership

Outcome: 5.3 Council is ethical, open, accountable and transparent in its decision making

BACKGROUND

In accordance with Council’s Code of Meeting Principles and Practices:

Clause 50.6 - the minutes of a Committee meeting may only be confirmed and adopted by resolution of that Committee, passed at a subsequent meeting of that Committee.

Clause 50.7 - the recommendations arising at Committee meetings are to be submitted to the next available Council meeting for adoption.

CONSULTATION REQUIREMENTS

Community engagement is not required.

SUSTAINABILITY STATEMENT

The sustainability implications are of a minor nature and as such did not warrant a detailed assessment.

DETAIL

This report presents the recommendations of the last meeting of the Governance Committee held on 14 April 2014, for Council adoption. The minutes are attached for information.

Page 10 ATTACHMENT TO G03 - 28/04/14 Page 4 Minute Book Page No 9

NORTH SYDNEY COUNCIL

REPORT OF GOVERNANCE COMMITTEE

SUBJECT: PROCEEDINGS OF COMMITTEE AT MEETING HELD IN THE SUPPER ROOM AT THE COUNCIL CHAMBERS, NORTH SYDNEY, ON MONDAY 14 APRIL 2014 AT 6.00PM.

PRESENT

Mayor Gibson, Councillors Barbour, Baker, Beregi, Bevan, Carr and Clare and Marchandeau.

Staff: Warwick Winn, Acting General Manager Ross McCreanor, Director Corporate Services Robert Emerson, Director Open Space and Environmental Services Stephen Beattie, Acting Director Planning and Development Services Jenny Gleeson, Manager Corporate Planning and Governance Garry Ross, Manager Financial Services Darren Goode, Accounting Services Manager John Towers, Revenue Services Manager

Apologies were received from Councillors Butcher and Reymond.

At the commencement of business (6.04pm) Councillors present were - Councillor Marchandeau in the Chair, Councillors Barbour, Baker, Beregi Bevan, Carr and Clare.

9. Minutes The Minutes of the previous meeting held on 10 February 2014, copies of which had been previously circulated, were taken as read and confirmed.

The Motion was moved by Councillor Bevan and seconded by Councillor Barbour.

Voting was as follows: Unanimous

Councillor Yes No Councillor Yes No Gibson Absent Morris Absent Reymond Absent Robertson Absent Clare Y Burke Absent Baker Y Butcher Absent Carr Y Marchandeau Y Beregi Y Bevan Y Barbour Y

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10. G01: 2014 National General Assembly of Local Government - Call for Motions Report of Ian Curry, Governance Coordinator The 2014 National General Assembly of Local Government (NGA) will be held in Canberra from 15 - 18 June 2014. The Australian Local Government Association (ALGA) Board is calling for motions for the 2014 NGA under the theme of 'Getting Down to Business'. This theme reflects the renewed focus across all levels of government on the roles and responsibilities of the public sector and the challenged of meeting our communities' needs. Council at its meeting of 17 March 2014 considered a report on this matter and resolved (Min. No. 81): THAT the matter be deferred to the Governance Committee meeting on 14 April 2014. To assist councils in preparing motions, a Discussion Paper has been prepared by the ALGA and is attached to this report (Attachment 1). Recommending: 1. THAT Council determines whether it wants to submit any Motions to the 2014 National General Assembly of Local Government, under the theme of 'Getting Down to Business'. 2. THAT should Council submit any Motions, a further report be prepared on the Resolutions made by the National General Assembly.

Resolved to recommend: 1. THAT Council determines not to submit any Motions to the 2014 National General Assembly of Local Government, under the theme of 'Getting Down to Business'. 2. THAT Attachment1 - Discussion Paper be endorsed by Council. 3. THAT a progress report regarding the outcomes of the 2014 National General Assembly of Local Government be presented to Council in due course. 4. THAT interested Councillors nominate their interest in attending the 2014 National General Assembly of Local Government to the General Manager.

The Motion was moved by Councillor Marchandeau and seconded by Councillor Baker.

Voting was as follows: Unanimous

Councillor Yes No Councillor Yes No Gibson Absent Morris Absent Reymond Absent Robertson Absent Clare Y Burke Absent Baker Y Butcher Absent Carr Y Marchandeau Y Beregi Y Bevan Y Barbour Y

11. G02: Amended Oversight and Liaison with General Manager Policy

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Report of Jenny Gleeson, Acting Director Corporate Services Council’s Oversight and Liaison with General Manager Policy has been reviewed to ensure its currency with legislative requirements, other existing Council policies and the Division of Local Government’s Guidelines for the Appointment and Oversight of General Managers - July 2011. Council at its meeting of 17 February 2014 resolved (Min. No. 37): THAT the Amended Oversight and Liaison with General Manager Policy be deferred to the next Governance Committee meeting, pending recruitment of the new General Manager. Recommending: 1. THAT the Amended Oversight and Liaison with General Manager Policy be placed on public exhibition for 28 days. 2. THAT should Council receive submissions, a further report be prepared for Council’s consideration. Should Council receive no submissions, Council consider the Amended Oversight and Liaison with General Manager Policy as adopted at the end of the closing period for submissions. 3. THAT Council appoint two Councillors to the Dispute Resolution Panel in accordance with Clause 4.17 of the Amended Oversight and Liaison with General Manager Policy.

Resolved to recommend: 1. THAT the Amended Oversight and Liaison with General Manager Policy be deferred to a future Council meeting, and incorporate Councillor feedback. 2. THAT advice be obtained from the Office of Local Government regarding the calling/timing of Special (Extraordinary) Council meetings.

The Motion was moved by Councillor Barbour and seconded by Councillor Beregi.

Voting was as follows: Unanimous

Councillor Yes No Councillor Yes No Gibson Absent Morris Absent Reymond Absent Robertson Absent Clare Y Burke Absent Baker Y Butcher Absent Carr Y Marchandeau Y Beregi Y Bevan Y Barbour Y

12. G03: Reference and Working Groups role in Council’s Community Engagement Framework Report of Jenny Gleeson, Acting Director Corporate Services Council at its meeting of 17 February 2014 (Min. No.37) resolved, in part: THAT a report be prepared for the next Governance Committee regarding the role of Reference and Working Groups in Council’s community engagement framework. This report responds to the above resolution. This report draws on information previously presented to Council as part of the 2012/13 review of Council’s community engagement programs.

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Council reviewed its committees and groups structure in 2012 and acknowledged at the time, that Reference Groups, Working Parties (now known as Working Groups) and Steering Committees play a vital role in Council’s community engagement and consultation processes. Recommending: 1. THAT the Reference and Working Groups role in Council’s Community Engagement Framework report be received. 2. THAT the number and structure of Reference and Working Groups be reviewed and any recommendations arising from the review be reported to the Governance Committee.

Resolved to recommend: 1. THAT the Reference and Working Groups role in Council’s Community Engagement Framework report be received. 2. THAT the number and structure of Reference and Working Groups be reviewed and any recommendations arising from the review be reported to the Governance Committee; and that the review include consideration of the meeting practice and minute taking.

The Motion was moved by Councillor Barbour and seconded by Councillor Clare.

Voting was as follows: Unanimous

Councillor Yes No Councillor Yes No Gibson Absent Morris Absent Reymond Absent Robertson Absent Clare Y Burke Absent Baker Y Butcher Absent Carr Y Marchandeau Y Beregi Y Bevan Y Barbour Y

13. G04: Councillor Workshop - Finance: Actions Rising - 1 April 2014 Report of Jenny Gleeson, Acting Director Corporate Services This report presents the actions arising from the Workshop held on 1 April 2014. The summary of actions is provided to Council for information: 1. Follow up date options for Financial Issues in Local Government training in late May/early June 2014. Stay away for long weekend. 2. Question taken on notice - why does the North Sydney Art Prize require less funding in 2015/16; is it only held every second year from now on? 3. All works in Attachment 8 were endorsed for inclusion in the Amended Delivery Program and Budget, and that such a recommendation (and revised attachment with colour coding) be included with the notes of this workshop when presented to the next Governance Committee meeting for adoption. 4. Question taken on notice - who drafted Attachment 10 (Previous report to Governance Committee 11 November 2013 - G02: Investment

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Options for funds from the lease of 2 Anzac Ave, Cammeray (former ANZAC Club site)? 5. Investment strategy needed for use of 2 Anzac Ave lease funds. 6. Staff to write to 10,000 Friends of Greater Sydney to ask how membership fees are spent; if no direct benefit to Council, staff are to report such to the next Governance Committee meeting so that the funding can be reallocated. Recommending: 1. THAT the summary of actions arising from the Councillor Workshop - Finance held on 1 April 2014 be noted. 2. THAT the list of proposed additional works/projected be endorsed for inclusion in the Amended Delivery Program and Budget.

Resolved to recommend: 1. THAT the summary of actions arising from the Councillor Workshop - Finance held on 1 April 2014 be noted. 2. THAT the list of proposed additional works/projected be endorsed for inclusion in the Amended Delivery Program and Budget. 3. THAT Council resolve to be a non-financial member of 10,000 Friends of Greater Sydney in 2014/15, and that the $5,000 be redirected to the Community Grants and Subsidies program. 4. THAT Council staff be thanked and congratulated on their work preparing for the preliminary budget documentation.

The Motion was moved by Councillor Baker and seconded by Councillor Barbour.

Voting was as follows: Unanimous

Councillor Yes No Councillor Yes No Gibson Absent Morris Absent Reymond Absent Robertson Absent Clare Y Burke Absent Baker Y Butcher Absent Carr Y Marchandeau Y Beregi Y Bevan Y Barbour Y

14. G05: Draft Community Grants and Subsidies 2014/15 Report of Martin Ellis, Director Community and Library Services The Donations Program for 2014/15 is recommended as five subsidiary programs: a) Community Centres and Facilities Program b) Special Subsidies c) Ongoing support for North Sydney Community Services infrastructure d) Small Grants: new and innovative projects e) Sporting Groups Donations This report outlines the 2014/15 applications, which reflect a range of diverse and innovative proposals.

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Recommending: 1. THAT the Draft Community Grants and Subsidies 2014/15 report be placed on public exhibition for a minimum of 28 days, aligning with the Amended Delivery Program/Draft Operational Plan 2014/15.

Resolved to recommend: 1. THAT the Draft Community Grants and Subsidies 2014/15 report be placed on public exhibition for a minimum of 28 days, aligning with the Amended Delivery Program/Draft Operational Plan 2014/15.

Mayor Gibson arrived at 6.40pm and assumed the chair.

The Motion was moved by Councillor Barbour and seconded by Councillor Marchandeau.

Voting was as follows: Unanimous

Councillor Yes No Councillor Yes No Gibson Y Morris Absent Reymond Absent Robertson Absent Clare Y Burke Absent Baker Y Butcher Absent Carr Y Marchandeau Y Beregi Y Bevan Y Barbour Y

15. G06: Draft Fees and Charges Schedule 2014/15 Report of John Towers, Revenue Services Manager The Draft Fees and Charges Schedule 2014/15 was formulated around a general increase of 3.0% over the previous year’s adopted schedule and comparable market rates. All existing and proposed Fees and Charges have been assessed according to the nature of the services being provided. The following factors have been considered in the analysis of the proposed Fees and Charges: • Cost recovery, including indirect costs recovery (full or partial) • Market pricing competitiveness (pricing of similar service providers) • Legislative constraints (non discretionary fees) • Subsidies (capacity to pay) The impacts from the Draft Fees and Charges Schedule 2014/15 have been incorporated into the Financial Estimates within the Amended Delivery Program 2013/14-2016/17/Draft Operational Plan 2014/15. Recommending: 1. THAT the Draft Fees and Charges Schedule 2014/15 be endorsed and placed on public exhibition from a minimum of 28 days.

Resolved to recommend: 1. THAT the Draft Fees and Charges Schedule 2014/15 be endorsed and placed on public exhibition from a minimum of 28 days.

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The Motion was moved by Councillor Marchandeau and seconded by Councillor Bevan.

Voting was as follows: Unanimous

Councillor Yes No Councillor Yes No Gibson Y Morris Absent Reymond Absent Robertson Absent Clare Y Burke Absent Baker Y Butcher Absent Carr Y Marchandeau Y Beregi Y Bevan Y Barbour Y

16. G07: Amended Delivery Program 2013/14-2016/17 incorporating the Draft Operational Plan 2014/15 Report of Jenny Gleeson, Acting Director Corporate Services The Amended Delivery Program 2013/14-2016/17 incorporating Draft Operational Plan 2014/15 (Attachment 1) is presented in its entirety for endorsement to be placed on public exhibition, for a minimum of 28 days, concurrently with the Amended Resourcing Strategy 2013-2023. The Amended Delivery Program 2013/14-2016/17 has been compiled taking into consideration current market indicators and income projections. The remaining years of the program incorporate additional capital projects to the value of $14.8 million. The funding of these projects has been sourced from funds currently held in a variety of internal and external restricted reserves (refer to Attachment 3). The applicable funding source per project is specified in Appendix 3 of Attachment 1. The additional projects were discussed and endorsed in principle at the Cr Workshop - Finance held 1 April 2014 (Refer to G04). Recommending: 1. THAT the Amended Delivery Program 2013/14-2016/17 and Operational Plan 2014/15 be endorsed and placed on public exhibition for a minimum of 28 days commencing 1 May 2014.

Resolved to recommend: 1. THAT the Amended Delivery Program 2013/14-2016/17 and Operational Plan 2014/15 be endorsed and placed on public exhibition for a minimum of 28 days commencing 1 May 2014. 2. THAT Council staff be thanked for their hard work in preparing the Amended Delivery Program 2013/14-2016/17 and Operational Plan 2014/15.

The Motion was moved by Councillor Baker and seconded by Councillor Barbour.

Voting was as follows: Unanimous

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Councillor Yes No Councillor Yes No Gibson Y Morris Absent Reymond Absent Robertson Absent Clare Y Burke Absent Baker Y Butcher Absent Carr Y Marchandeau Y Beregi Y Bevan Y Barbour Y

Meeting closed at 6.45pm

______CHAIRPERSON ACTING GENERAL MANAGER

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NORTH SYDNEY COUNCIL REPORTS

Report to General Manager Attachments: 1. Advice from LGNSW

SUBJECT: Mayoral Minutes and Deputy Mayor - Clarification

AUTHOR: Jenny Gleeson, Manager Corporate Planning and Governance

ENDORSED BY: Ross McCreanor, Director Corporate Services

EXECUTIVE SUMMARY:

In adopting the minutes of the Governance Committee meeting held 10 February 2014, Council at its meeting of 17 February 2014 resolved (Min No. 37):

THAT a further report be prepared for Council’s consideration, including advice on the nature, use and timing of Mayoral Minutes, including defining urgency; in preparing the report staff seek advice from the Division of Local Government, Local Government NSW and best practice advice. THAT a report be prepared for Council’s consideration regarding the formalisation of the Deputy Mayor’s role when the Mayor is unavailable or on leave (including briefing and hand over), civic functions and the feasibility of a supplementary allowance in the context of best practice advice.

The report addresses the above mentioned resolutions.

FINANCIAL IMPLICATIONS:

Nil

RECOMMENDATION: 1. THAT the report be received.

Page 19 Report of Jenny Gleeson, Manager Corporate Planning and Governance Re: Mayoral Minutes and Deputy Mayor - Clarification (2)

LINK TO DELIVERY PROGRAM

The relationship with the Delivery Program is as follows:

Direction: 5. Our Civic Leadership

Outcome: 5.3 Council is ethical, open, accountable and transparent in its decision making

BACKGROUND

In adopting the minutes of the Governance Committee meeting held 10 February 2014, Council at its meeting of 17 February 2014 resolved (Min No. 37):

Council at its meeting on 9 December 2013 resolved (Min No. 779) in response to a Notice of Motion from Councillors Morris and Barbour:

THAT henceforth in relation to Mayoral Minutes, regard be given to the Division of Local Government’s Meetings Practice Note that states: Mayoral minutes should not be used to introduce, without notice, matters that are routine, not urgent, or need research or a lot of consideration by the councillors before coming to a decision. These types of matters would be better placed on the agenda, with the usual period of notice being given to the councillors.

CONSULTATION REQUIREMENTS

Community engagement is not required.

SUSTAINABILITY STATEMENT

The sustainability implications are of a minor nature and did not warrant a detailed assessment.

DETAIL

In accordance with the above mentioned resolutions advice was requested from the Office of Local Government (OLG) and Local Government NSW (LGNSW). At the time of preparing this report advice had been received from LGNSW only.

Page 20 Report of Jenny Gleeson, Manager Corporate Planning and Governance Re: Mayoral Minutes and Deputy Mayor - Clarification (3)

Mayoral Minutes

The following has been compiled from the LGNSW advice:

 A Mayoral Minute is business without notice that is put to a council meeting by a Mayor as chairperson of a council meeting.

 The use of a Mayoral Minute is at the discretion of the Mayor when they are chairperson at a meeting of council but may only be used where the matter or topic is within the authority of council to decide or where council has official knowledge of the matter.

 Official knowledge may be where a matter has been brought to the attention of the Mayor or General Manager.

 A Mayoral Minute should be used for matters that are urgent and will take precedence over all other business that is on the agenda.

 ‘Urgent’ is not defined in the Local Government Act 1993 (the Act) although its normal meaning includes "pressing, compelling or requiring immediate action or attention" (Source: Macquarie Dictionary Third Edition 1997).

The following is an extract is from the OLG Meeting Practice Note (no. 16) - August 2009:

2.7.1 What is a mayoral minute?

The mayor may put to a meeting (without notice) any matter which the council is allowed to deal with or which the council officially knows about (cl.243(1) of the Regulation). This would cover any council function under the Act or other legislation, or any matter that has been brought to the council’s attention, for example, by letter to the mayor or the general manager.

This power to make mayoral minutes recognises the special role of the mayor. A mayoral minute overrides all business on the agenda for the meeting, and the mayor may move that the minute be adopted without the motion being seconded.

Mayoral minutes should not be used to introduce, without notice, matters that are routine, not urgent, or need research or a lot of consideration by the councillors before coming to a decision. These types of matters would be better placed on the agenda, with the usual period of notice being given to the councillors.

Deputy Mayor

 The role of the Deputy Mayor while the Mayor is unavailable or on leave is set out in Section 231 of the Act.

 The Deputy Mayor may exercise any function of the Mayor at the request of the Mayor or if the Mayor is prevented by illness, absence or otherwise from exercising the function or if there is a casual vacancy in the office of the Mayor.

Page 21 Report of Jenny Gleeson, Manager Corporate Planning and Governance Re: Mayoral Minutes and Deputy Mayor - Clarification (4)

For instance, where a Mayor is unable to attend an official function to which they have been invited to represent council they may ask the Deputy Mayor to attend in their place.

 The Deputy Mayor also has the role of presiding at council meetings at the request of the Mayor or in the absence of the Mayor. (Section 369 of the Act)

LGNSW suggests “it may be prudent for Council to develop a policy on how the Mayor hands over control of their position to the Deputy Mayor, although this may not always be possible, but any such policy must be consistent with the provisions of the Act and the Local Government (General) Regulations 2005.

A supplementary allowance is only payable to a Deputy Mayor by way of the Section 249 of the Act. A council may pay the Deputy Mayor a fee, which is to be determined by the council, while the Deputy Mayor acts in the office of the Mayor, but such a fee must be deducted from the Mayor's annual fee”.

Page 22 LOCAL GOVERNMENT NSW NORTH SYDNEY COUNCIL RECEIVED DMS

2 7 MAY 2014 Our ref: R07/0017

26 May 2014

Wan¡vick Winn General Manager North Sydney Council PO Box 12 NORTH SYDNEY NSW 2059

Mayoral Minutes and role of Deputy Mayor

Dear Mr Winn,

I refer to the above matter and Council's resolution ol 17 February 2014.

I have been asked to advise on the nature, use and timing of Mayoral Minutes including the definition of urgency, ln addition, I have been asked for advice on the Deputy Mayor's role when the Mayor is unavailable or on leave, including briefing and handing over, civic functions and the feasibility of a supplementary allowance.

A Mayoral Minute is business without notice that is put to a council meeting by a Mayor as chairperson of a council meeting.

The use of a Mayoral Minute is at the discretion of the Mayor when they are chairperson at a meeting of council but may only be used where the matter or topic is within the authority of council to decide or where council has official knowledge of the matter.

Official knowledge may be where a matter has been brought to the attention of the Mayor or General Manager.

A Mayoral Minute should be used for matters that are urgent and will take precedence over all other business that is on the agenda.

Urgent is not defined in the Local Government Act 1993 (the Act) although its normal meaning includes "pressing, compelling or requiring immediate action or attention". (source: Macquarie Dictionary Third Edition 1997)

The Meetings Practice Note 16 published by the Office of Local Government also contains information on Mayoral Minutes and you may wish to peruse that document.

The role of the Deputy Mayor while the Mayor is unavailable or on leave is set out in Section 231 of the Act.

LOCAL GOVERNMENT NSW GPO BOX 7OO3 SYDNEY NSW 2OO1 LB, 28 MARGARET ST SYDNEY NSW 2OOO 1 02 5242 4000 F 02 9742 4111 LGNSW.ORG.AU [email protected] ABN 49 853 913 882 Page 23

The Deputy Mayor may exercise any function of the Mayor at the request of the Mayor or if the Máyor ió prevented by illness, absence or otherwise from exercising the function or if there is a casual vacancy in the office of the Mayor.

For instance, where a Mayor is unable to attend an official function to which they have been invited to represent council they may ask the Deputy Mayor to attend in their place.

The Deputy Mayor also has the role of presiding at council meetings at the request of the Mayor ór in the absence of the Mayor. (Section 369 of the Act)

It may be prudent for council to develop a policy on how the Mayor hands over control of theirþosition to the Deputy Mayor, although this may not always.be.possible, but any such policy must be consisient with the pr rvisions of the Act and the Local Government (General) Regulations 2005-

A supplementary allowance is only payable to a Deputy Mayor by way of the Section 249 of the Act.

A council may pay the Deputy Mayor a fee, which is to be determined by the council, while the Depuiy M"yor acts ¡ñ the office of the Mayor but such a fee must be deducted from the Mayor's annualfee.

please do not hesitate to contact me direct on (02) 9242 4125 if you have any further questions on this matter. Page 24 Item G02 Governance Committee 30/06/14

NORTH SYDNEY COUNCIL REPORTS

Report to General Manager Attachments: 1. Amended Code of Meeting Principles and Practices

SUBJECT: Proposed amendments to Code of Meeting Principles and Practice

AUTHOR: Ian Curry, Governance Coordinator

ENDORSED BY: Ross McCreanor, Director Corporate Services

EXECUTIVE SUMMARY:

The purpose of this report is to propose amendments to the Code of Meeting Principles and Practice to clarify the existing arrangements for dealing with matters brought forward on the agenda and to recommend the addition of a rest break adjournment and a clause relating to acknowledgement to the Chair when leaving the Chamber during a Council meeting.

The Code of Meeting Principles and Practice was last considered by Council at its meeting on 17 February 2014.

FINANCIAL IMPLICATIONS:

Nil

RECOMMENDATION: 1. THAT Council determine if it wishes to change the Order of Business to reflect current practice regarding Matters Brought Forward; and add clauses regarding a rest break adjournment and acknowledgement of the Chair when leaving the Chamber during a Council meeting. 2. THAT the Amended Code of Meeting Principles and Practices be placed on public exhibition for 28 days. 2. THAT should Council receive submissions, a further report be prepared for Council’s consideration. Should Council receive no submissions, Council consider the Amended Code of Meeting Principles and Practices as adopted at the end of the closing period for submissions.

Page 25 Report of Ian Curry, Governance Coordinator Re: Proposed amendments to Code of Meeting Principles and Practice (2)

LINK TO DELIVERY PROGRAM

The relationship with the Delivery Program is as follows:

Direction: 5. Our Civic Leadership

Outcome: 5.3 Council is ethical, open, accountable and transparent in its decision making

BACKGROUND

At its meeting on 17 June 2014 Council resolved (Min No. 37):

THAT the Amended Code of Meeting Principles and Practices be placed on public exhibition for 28 days, including amendments to Clause 38. En Globo Consideration and Clause 13.2 Apologies.

No submissions were received.

CONSULTATION REQUIREMENTS

Community engagement will be undertaken in accordance with Council’s Community Engagement Protocol.

SUSTAINABILITY STATEMENT

The following table provides a summary of the key sustainability implications:

QBL Pillar Implications Environment  The proposed changes have no environmental implications. Social  Improved workplace conditions for employees and Councillors are a positive impact. Economic  The proposed changes have no economic implications. Governance  The amendment to Clause 35 would allow the Code to conform to the provisions of the Local Government Award 2010 regarding rest breaks.  The conduct of Council meetings would be improved.

DETAIL

Matters Brought Forward - clarification required

Councillors have raised the process governing matters being brought forward on the agenda and when they should be considered.

Page 26 Report of Ian Curry, Governance Coordinator Re: Proposed amendments to Code of Meeting Principles and Practice (3)

Below is an extract from page 10 of Council’s Code of Meeting Principles and Practices (17 February 2014) in which shows that the Matters Brought Forward come before the Minutes of the Mayor:

Order of Business 16. 16.1 The order of business shall be: a) Apologies b) Leave of Absence(s) c) Matters Brought Forward d) Confirmation of Minutes e) Declarations of Interest f) Items proposed for Councillor Inspections g) Minutes of the Mayor h) Notices of Rescission i) Reports General, i.e. reports of Committees, General Manager’s Office and Corporate Services j) Reports of Planning and Development Services k) Reports of Community and Library Services l) Reports of Engineering and Property Services m) Reports of Open Space and Environmental Services n) Petitions o) Correspondence p) Notices of Motion q) Questions with Notice r) Questions without Notice

16.2 The order of business may be altered if a motion to that effect, which may be moved without notice, is carried. 16.3 Only the mover of the motion to alter the order of business may speak to it before it is put to the meeting.

The Local Government (General) Regulation 2005 states:

239 Order of business (1) At a meeting of a council (other than an extraordinary meeting), the general order of business is (except as provided by this Regulation) as fixed by the council’s code of meeting practice or (if the council does not have a code of meeting practice or its code of meeting practice does not fix the general order of business) as fixed by resolution of the council. (2) The order of business fixed under subclause (1) may be altered if a motion to that effect is passed. Such a motion can be moved without notice. (3) Despite clause 250, only the mover of a motion referred to in subclause (2) may speak to the motion before it is put.

Extract from the Office of Local Government (formerly Division of Local Government) Meetings Practice Note No.16, 2009 (Page 8) states:

1.5 Order of Business The order of business for meetings (except for extraordinary meetings) is generally fixed by council’s Meeting Code (cl.239(1) of the Regulation). If the Council does not have a Meeting Code, then the order of business can be decided by council resolution (cl.239 (1) of the Regulation).

Page 27 Report of Ian Curry, Governance Coordinator Re: Proposed amendments to Code of Meeting Principles and Practice (4)

The order of business can be changed by the passing of a motion (with or without notice). Unlike other motions, only the mover of a motion to change the order of business can speak for or against it in the meeting (cl.239 (1) of the Regulation).

A check of the minutes of all Ordinary Council meetings between the beginning of 2012 to May 2014 shows that Mayoral Minutes have always been considered prior to Matters Brought Forward, with the exception of 17 March 2014, although during the period some matters were deferred for site inspections prior to determination of Mayoral Minutes.

Although the announcement of which items are to be brought forward is done prior to Mayoral Minutes, the actual discussion of these matters is done after Mayoral Minutes.

A review of the 2012 to May 2014 Minutes of Council meetings has shown that the most common reason for altering the order of business is to allow members of the public to address Council on items in the early part of the meeting to avoid their possibly having to sit through the entire meeting. The review also found that items have been brought forward on occasion without any request to address Council e.g. PDS03, PDS05 and NoM07 on 9 December 2013.

In order to clarify this Clause, Council is asked to confirm whether is wishes to strictly observe the current Order of Business or amend it to reflect common practice and move Matters Brought Forward to after Mayoral Minutes (as demonstrated below):

16. Order of Business 16.1 The order of business shall be: a) Apologies b) Leave of Absence(s) c) Confirmation of Minutes d) Declarations of Interest e) Items proposed for Councillor Inspections f) Minutes of the Mayor g) Notices of Rescission h) Matters Brought Forward i) Reports General, i.e. reports of Committees, General Manager’s Office and Corporate Services j) Reports of Planning and Development Services k) Reports of Community and Library Services l) Reports of Engineering and Property Services m) Reports of Open Space and Environmental Services n) Petitions o) Correspondence p) Notices of Motion q) Questions with Notice r) Questions without Notice

Rest Break Adjournments - proposed new clause

The issue of adjourning the meeting for rest breaks has also been raised.

The following six NSW councils’ Code of Meeting Practice makes provision for a short break or rest during a council meeting:

Page 28 Report of Ian Curry, Governance Coordinator Re: Proposed amendments to Code of Meeting Principles and Practice (5)

 Hawkesbury City Council  Liverpool Council  Parramatta Council  Randwick City Council  Warringah Council  Waverley Council

Hawkesbury, Liverpool and Randwick Councils allow the Chairperson to adjourn a meeting. Waverley and Warringah Councils allow a break during a meeting that has been in session for two or more hours. Parramatta Council allows for an adjournment of fifteen minutes if a meeting has not concluded by 8.30pm (Meetings start at 6.45pm).

It is recommended that the following amendment to the Code of Meeting Principles and Practice be made:

36.5(b) Council meetings should have an adjournment break of ten (10) minutes by resolution if the meeting has not concluded by 8.45pm.

Temporary Absence from Meetings - proposed new clause

Now that the minutes of Council meetings are transcribed in real time, it is recommended that our practices be amended to include a formal procedure regarding the need to acknowledge the Chair when temporarily vacating the Chamber during a meeting. Currently there is no formal requirement within of Code.

This will help ensure the Minute Taker accurately records the time in which Councillors are present for a vote on each matter. If a Councillor is out of the Chamber during a vote the Minutes must reflect their temporary absence by noting the departure and return times.

To improve current practice it is recommended that Council consider the following amendment to the Code of Meeting Principles and Practice:

35(b) Councillors and Council officers must acknowledge the Chairperson presiding at a Council meeting each time that the person enters and leaves the room where the meeting is in progress.

The following NSW councils have a clause in their Code of Meeting Practice relating to acknowledgement of the Chairperson by Councillors and staff:

 Bankstown City Council  Blacktown City Council  Hunters Hill Council  Newcastle City Council

Page 29

D5-07

CODE OF MEETING PRINCIPLES

AND

PRACTICES

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D5-07

TABLE OF CONTENTS

Preliminary ...... 4 1. Introduction ...... 4 2. Definitions...... 4 3. Modification to the Code ...... 5 4. Matters not Covered by this Code ...... 6 5. Procedural Matters not Covered by this Code ...... 6 6. Departure from Code ...... 6 Convening of Council Meetings ...... 6 7. Notice of meetings ...... 6 8. Want of Service of Notice ...... 6 9. Regularity of Ordinary Meetings ...... 7 10. Special (Extraordinary) Meetings of Council ...... 7 Attendance at Council Meetings ...... 7 11. Quorum ...... 7 12. Presence at Council Meetings ...... 8 13. Failure to Attend Council Meetings ...... 8 14. Election of Deputy Mayor ...... 9 15. Election of Chair ...... 10 Procedure for Council Meetings ...... 10 16. Order of Business ...... 10 17. Minutes of Meetings ...... 11 18. Matters not to be Recorded in Minutes ...... 11 19. Confirmation of Minutes...... 12 20. Business without Notice - Matters of Urgency ...... 12 21. Business of Special Meetings ...... 12 22. Variation to Meeting Procedures ...... 12 Business Papers ...... 13 23. Preparation of Business Papers ...... 13 24. Submissions by the Public relating to Reports on the Business Paper ...... 13 25. Agenda ...... 14 26. Mayoral Minutes ...... 14 27. Reports to Council by its Officers ...... 15 28. Petitions and Correspondence ...... 15 29. Notices of Motion ...... 15 30. Questions with Notice ...... 16 31. Questions by Councillors at Meetings ...... 17 32. Rescission Motions (as defined in Clause 2.13 of this Code)...... 17

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D5-07

33. Recommittal of Business ...... 18 34. Deferred Business ...... 18 Conduct of the Meeting ...... 19 35. Chair to have precedence ...... 19 36. Moving Motions and Amendments ...... 19 37. “En Globo” Consideration ...... 20 38. Councillors and Members of the Public Addressing Council ...... 21 39. Voting ...... 22 40. Decisions of the Council ...... 23 41. Conflict of Interest ...... 23 42. Question of Order ...... 25 43. Acts of Disorder ...... 25 44. Expulsion from Meeting ...... 26 45. Duration of Meetings ...... 26 46. Closed Meetings...... 27 47. Consideration of Confidential Advice ...... 28 Committees of Council ...... 28 48. Committee of the Whole ...... 28 49. Formation of Committees ...... 29 50. Powers of Committees ...... 29 51. Committee Proceedings ...... 30 52. Formation of Reference Groups and Working Groups ...... 30 53. Powers of Reference Groups and Working Groups ...... 31 54. Reference Group and Working Group Proceedings ...... 31 55. On-Site Inspections or In-House Meetings ...... 31 56. Site Meetings ...... 35 57. Special Committees of Council ...... 36 General ...... 36 58. Press and Public ...... 36 59. Recording of Meetings ...... 37 60. Smoking during and after Meetings ...... 37 61. Conduct of Supper Room after Meetings ...... 37 62. Workshops or Briefing Sessions ...... 38 63. Declaration by a Newly Elected Council ...... 38 64. Related Policies/Documents/Legislation ...... 39 APPENDIX 1 - Diagrammatic Representation of Council, Committee and Reference/Working Group Meetings ...... 41 APPENDIX 2 - Flow Chart: Progression of Motions and Amendments at Council Meetings ...... 42

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D5-07 CODE OF MEETING PRINCIPLES AND Page 4 of 42 PRACTICES

Policy Owner: General Manager

Category: 5. Our Civic Leadership

Preliminary

1. Introduction This Code complements the meeting regulations under the Local Government Act 1993 and the meeting provisions of the Local Government (General) Regulations 2005. To the extent there is any discrepancy, the Act and/or Regulations shall take precedence.

The Principles of the Code are prepared in accordance with Chapter 12 of the Local Government Act 1993 and the Local Government (General) Regulation 2005 and with guidance from the Division of Local Government’s Meetings Practice Note No. 16, August 2009.

The Principles are enlarged upon with practices and procedures prepared for the guidance of Councillors and for the general information of the public and allow for the efficient, effective, fair and consistent conduct of meetings.

This Code shall apply to all meetings of Council, its Committees and Reference Groups and to all other meetings called by resolution of the Council including on-site inspections, in-house meetings and public meetings.

Amendments to this Code will be made in accordance with Sections 361 and 362 of the Local Government Act 1993. The amended draft Code must be placed on public exhibition for a period of not less than 28 days and state that submissions will be received by Council for a period of not less than 42 days from the date of public exhibition.

2. Definitions 2.1 Act - means the Local Government Act 1993. 2.2 Chair - includes the Mayor, the Deputy Mayor in the Mayor's absence, any Councillor elected by the Council to chair a Committee or a Councillor elected to chair any meeting of Council or Committee in the absence of the Mayor or Deputy Mayor or the Committee Chair. 2.3 Committees of the Council - means any committee comprising persons appointed or elected by the Council for the general or specific purpose of conducting business of the Council either with delegated authority to

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make decisions on behalf of Council or without. 2.4 Deputy Mayor - means the person elected annually by the Council to the office of Deputy Mayor. 2.5 En globo - refers to recommendations within an Officer’s report that are considered (i.e. voted on) together. 2.6 General Manager - the person appointed by the Council to the office of General Manager or the person delegated to act as General Manager by the General Manager in his/her absence. 2.7 Mayor - means the person popularly elected to the office of Mayor in terms of the Act. 2.8 Meeting - includes a Council, Special Council Meeting, Committee Meeting or any meeting called by a resolution of the Council including an on-site meeting (councillor inspection) or any other meeting where Council business is discussed. 2.9 Members - means a Councillor in terms of the Act or a person appointed by the Council to a Committee. 2.10 Notice of Motion - means a proposal in writing signed by a Councillor to move a stated motion at a meeting of the Council, notice of which is given in the Business Paper for the meeting. 2.11 Present - (at a meeting or discussion) includes being within or in sight of the Council Chamber or meeting room or on-site (with respect to on-site inspections convened by Council) during the meeting, discussion or site visit. 2.12 Reference Group/Working Group - a special interest or advisory group with Councillor and citizen membership. 2.13 Regulation (Reg) - means the Local Government (General) Regulation 2005. 2.14 Rescission Motion - means a proposal under Clause 372 of the Act to either rescind or alter a previous resolution of Council. The Rescission Motion includes the proposal to rescind or alter and the proposed replacement motion. 2.15 Urgency - in respect of motions means a matter which calls for immediate action or attention which cannot be dealt with at a subsequent scheduled meeting of Council.

3. Modification to the Code Any modifications to the principles contained in this Code shall only be made in accordance with the provisions of the Local Government Act 1993.

Modifications to procedural matters may be made from time to time by a Council resolution made on a report from the General Manager, a Minute of the Mayor or a Notice of Motion.

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4. Matters not Covered by this Code Where, at a meeting of Council or Committee, matters arise not covered by this Code, the meeting shall determine the principle to be followed provided such is consistent with the provisions of the Act and Regulations.

5. Procedural Matters not Covered by this Code When a circumstance arises at a meeting and the procedure for dealing with it is not covered by this Code, the Chair may rule on the procedure to be followed or the Council may determine it by resolution.

6. Departure from Code LGA s.374 A decision of the Council shall not be invalid merely because it was made in a manner that departed from this Code.

Convening of Council Meetings

7. Notice of meetings

7.1 Notice specifying the date, time, place and business to be transacted for ordinary and special meetings of Council and meetings of Committees shall be: LGA s.367 a) Ordinary Meetings - three (3) calendar days' notice in writing delivered to all Councillors; b) Special/Extraordinary Meetings of Council (in cases of emergency) - one (1) calendar day's notice as above; c) Committee Meetings - three (3) calendar days' notice in writing to all

Councillors; d) Reference Group and Working Group Meetings - three (3) calendar days' notice businesses papers will be circulated to members two (2) weeks prior to each meeting date. Reg. Cl.232 7.2 Notice of meetings of Council, Committees, Reference Groups and Workings Groups of the Council shall be published in a newspaper circulating in the area and on Council’s website.

7.3 Once notice has been given of an Ordinary Meeting, the meeting cannot be abandoned or cancelled.

8. Want of Service of Notice LGA s.374 Failure to receive a notice on the part of any member shall not affect the validity of any ordinary or adjourned or special/extraordinary meeting of Council or any Committee meeting.

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9. Regularity of Ordinary Meetings LGA s.365 9.1 The Council shall hold an Ordinary Meeting of Council on a Monday in accordance with the Schedule of Meetings adopted by the Council commencing in February and concluding mid-December each year. 9.2 Meetings shall commence at 7.00pm and conclude or stand adjourned at 11.30pm unless a motion is carried to extend the meeting for a specified period.

10. Special (Extraordinary) Meetings of Council LGA s.366 10.1 At least two (2) Councillors can make a written request to the Mayor to hold an extraordinary Council meeting. The Mayor can be one (1) of the

two (2) Councillors, but the Mayor cannot call extraordinary meetings by him or herself without having a written request with another Councillor’s signature. The Mayor must then ‘call’ the meeting, which is to be held as soon as practical but within fourteen (14) days after the request is made.

Reg. Cl.242 10.2 Extraordinary meetings are not only held in ‘extraordinary’ circumstances. These meetings are usually held to deal with special business or where there is so much business to be dealt with that an additional meeting is required.

Attendance at Council Meetings

Reg. Cl.233 11. Quorum 11.1 The quorum for Council meetings shall be seven (7) Councillors. 11.2 The quorum for Committees of Council shall be five (5) Councillors or as otherwise set by the Committee Charter. 11.3 Where Council grants delegated authority to an on-site inspection/in- house meeting of Councillors to determine a matter, the quorum for the exercise of delegation shall be seven (7) Councillors. 11.4 A meeting of the Council must be adjourned if a quorum is not present: a) within half an hour after the time designated for the holding of the meeting, or b) If at any time during a meeting the attention of the Chair is drawn to the lack of a quorum, the Chair shall thereupon suspend the proceedings for a period of three (3) minutes. If after three (3) minutes a quorum is still not present the Chair shall adjourn the meeting to another time and the circumstances and those members present shall be recorded in the Minute book. 11.5 Where any two (2) successive ordinary meetings of Council lapse through lack of a quorum the business of the Council may, until the next meeting of Council, be carried out by the Mayor and General Manager. Only the

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regular and ordinary business shall be conducted and no new service, new policy or new expenditure will be instituted.

11.6 Where it is not possible for Council to achieve a quorum, the Minister may, conditionally or unconditionally, allow a councillor or a member of a council committee who has a pecuniary interest in a matter with which the council is concerned to be present at a meeting of the council or committee, to take part in the consideration or discussion of the matter and to vote on the matter if the Minister is of the opinion: a) that the number of Councillors being prevented from voting would be so great a proportion of the whole as to impede the transaction of business, or b) that it is in the interests of the electors for the area to do so.

Reg. Cl. 235 12. Presence at Council Meetings 12.1 A Councillor cannot participate in a meeting of Council unless physically present at the meeting. A member shall not be deemed to be present at any meeting unless he/she is within the Council Chamber or the place designated in the notice of the meeting as the place where the meeting is to be held.

12.2 Councillors cannot participate in a meeting by video-conferencing or tele- conference. There are no ‘proxy’ votes at Council, Committee, Reference Group or Working Group meetings. A ‘proxy’ is a system where an absent Councillor can cast his or her vote by giving their vote to another Councillor.

13. Failure to Attend Council Meetings

13.1 Leave of Absence

LGA s.482 If a Councillor is absent from three (3) consecutive ordinary meetings of the Council (unless the holder is absent because he or she has been suspended from

office under Section 482 of the Local Government Act 1993) without:

(i) prior leave of the council, or

(ii) leave granted by the council at any of the meetings concerned;

(iii) the office of that Councillor becomes vacant.

Reg. Councillor will be absent. Leave of absence may be granted by the Council Cl.235(A) either prior to the affected meeting or at that meeting.

To assist with the good management of the Council, a Councillor who wishes to attend a Council meeting whilst on leave should provide the General Manager

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with a minimum of two (2) days’ notice of the intention to attend and participate in a meeting of Council. However, failure to give such notice does not prevent a Councillor from attending the meeting or voting at it and any business conducted at the meeting would not be invalidated because of that failure to give notice.

Application for leave of absence should preferably be made in writing (including by email sent to [email protected]) stating the reason for the application for leave and the dates of the meetings from which the Councillor will be absent.

13.2 Apologies

Tendering of apologies is not a substitute for applying for leave of absence. Although the practice of tendering of apologies is recognised as a component of good meeting practice, it has no recognition in either the Act or the Regulations.

If a Councillor to whom leave of absence has been granted attends a Council meeting, the leave of absence is taken to have been rescinded as regards any future Council meeting. This means that for any further leave of absence to be given, the Council will have to make another resolution. There is nothing to prevent a Councillor from seeking the leave of the Council for a further period of absence.

To assist with the good management of the Council, apologies may be given by phone (verbally) and/or in writing (including by email sent to [email protected] and Short Message Service (sms)).

14. Election of Deputy Mayor The election of the Deputy Mayor shall take place at the first full Council meeting in September each year. In a Local Government Election year, the election of the Deputy Mayor shall take place at the first meeting of the new Council.

Written nominations for the position of Deputy Mayor, signed by two (2) or more Councillors (one of whom may be the nominee), shall be sought by way of a report from the Director of Corporate Services. The nomination shall include the written acceptance of the nominee. Nominations must be received by the General Manager no later than the day of the finalisation of the agenda in the week before the meeting in which the election is to take place.

In line with Council’s Open Government Policy, elections shall be conducted by open voting unless, at the meeting in which the election is to take place, Council resolves to hold a secret ballot. Should the Council resolve to hold a ballot, ballot papers will be distributed to Councillors. The ballot shall be conducted in accordance with Schedule 7 Part 2 of the Local Government (General)

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Regulation 2005.

The General Manager, acting as Returning Officer, shall conduct the election by open voting as follows:

a) Where more than one (1) Councillor has been nominated, the name of each nominee shall be put to the Council in alphabetical order. Councillors shall vote for their chosen nominee by show of hands. The voting shall be by elimination vote with the councillor receiving the majority of votes being declared Deputy Mayor for the forthcoming year.

b) In the event of voting being equal, lots shall be drawn by the Returning Officer. The first name drawn shall be declared Deputy Mayor for the forthcoming year.

15. Election of Chair Reg. 15.1 If the Mayor and Deputy Mayor are both absent, the first business of the cl.241(2)(c) Council meeting shall be the election of a Chair for the meeting until the Mayor or Deputy Mayor arrives. 15.2 The election shall be conducted by the General Manager or in his/her absence by the person acting on the General Manager's behalf. The method of election shall be determined by open ordinary ballot. "Open" means that the voting shall be publicly disclosed.

Procedure for Council Meetings

Reg. 16. Order of Business Cl.239(1) 16.1 The order of business shall be:

a) Apologies b) Leave of Absence(s) c) Confirmation of Minutes d) Declarations of Interest e) Items proposed for Councillor Inspections

f) Minutes of the Mayor g) Notices of Rescission h) Matters Brought Forward i) Reports General, i.e. reports of Committees, General Manager’s Office and Corporate Services

j) Reports of Planning and Development Services k) Reports of Community and Library Services l) Reports of Engineering and Property Services m) Reports of Open Space and Environmental Services n) Petitions

o) Correspondence p) Notices of Motion q) Questions with Notice

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r) Questions without Notice

16.2 (a) The order of business may be altered if a motion to that effect, which Reg. may be moved without notice, is carried. Cl.239(2) 16.3 Only the mover of the motion to alter the order of business may speak to

it before it is put to the meeting.

17. Minutes of Meetings

LGA s.375 17.1 At every ordinary and special meeting of the Council, Minutes shall be kept of the proceedings and recorded in the Minute Book of Council.

LGS s.453 17.2 If a disclosure is made at a Council or Committee meeting, both the disclosure and the nature of the interest must be recorded in the minutes. 17.3 The Minutes of each meeting shall record which Councillors voted for and LGAs.375A against each planning decision of the Council. 17.4 The Minutes of each meeting shall be signed after confirmation by the LGA s.375 Chair of the meeting at which they are confirmed. 17.5 The Minute Book shall be kept in a form prescribed.

17.6 The Minute Book shall be kept in chronological order.

GIPAA s.5 17.7 Any person may inspect the Minute Book or a copy of the Minute Book or a copy of an extract from the Minute Book at any reasonable time during business hours of the Council without payment of a fee.

Reg. Cl.272 17.8 Inspection of the Minute Book shall be under the supervision of a Council Officer nominated by the General Manager.

LGA s.9(3) 17.9 The Minutes of all meetings of Council, Committees and & (5) Reference/Working Groups shall be published on Council’s website.

18. Matters not to be Recorded in Minutes It shall not be necessary to record in the Minutes any of the following: a) Motions or amendments not seconded. b) Councillors leaving and returning to the meeting except to record they were not present when a vote was taken. c) Motions or amendments withdrawn prior to any vote being taken. d) Points of personal explanation or opinions. e) General discussion. f) Points of order not proceeded with.

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19. Confirmation of Minutes Reg. 19.1 The correctness of the Minutes not previously confirmed of each Cl.239(1) preceding meeting, ordinary or special, shall be the first item of business (except for the election of a Chair where necessary) at every ordinary or special meeting. 19.2 A motion or discussion in respect of the Minutes shall not be in order except as to their accuracy as a record of proceedings. Minutes may not be amended to reflect second thoughts on a resolution - changes may only be made if the accuracy of the resolution is found to be at fault. 19.3 Minutes may be confirmed at a special meeting. 19.4 Any minute confirmed but subsequently found to be incorrect shall not be altered or erased but shall be the subject of a report to and resolution of a subsequent meeting. 19.5 Refer to Clauses 52 and 55 respectively for procedures for the confirmation of Committee and Reference/Working Group minutes.

20. Business without Notice - Matters of Urgency Reg. Cl.241 20.1 Business may be transacted at a meeting of Council even though due notice of the business has not been given to the Councillors. However, this can happen only if:

a) a motion is passed to have the business transacted at the meeting; and

b) the business proposed to be brought forward is ruled by the Chair to be of great urgency. Such a motion can be moved without notice.

20.2 Where a Councillor is aware prior to the start of the meeting that they wish to raise a Matter of Urgency it is preferable that a written copy of the motion be handed to the Chair.

21. Business of Special Meetings The business of any special meeting shall only be that business stated in the Notice thereof. Urgent business of which Notice has not been given shall only be considered in accordance with Clause 20 of this Code.

22. Variation to Meeting Procedures Reg. Cl. 22.1 Practices and procedures outlined in this Code may be suspended in part 239(2) or in whole in order to deal with a particular matter or item of business.

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22.2 Procedures shall be suspended by the Council carrying a resolution to "suspend standing orders" (procedures) to deal with a particular matter following which standing orders shall resume. Such shall be recorded in the Minutes of the meeting.

Business Papers

23. Preparation of Business Papers 23.1 To allow for printing and distribution, the following procedures shall apply for the preparation of the business paper for meetings:

a) all items (reports, correspondence etc) must be submitted to the

General Manager no later than 5.00pm on the fourth working day

preceding the meeting.

LGA s.9(3) 23.2 All agendas, reports and other items of business (the full business paper), & (5) excluding any matters deemed by the Mayor or General Manager to be confidential, shall be available to the public at least two (2) working days prior to any ordinary meeting and one (1) calendar day prior to a special/extraordinary meeting. The full business paper will appear on Council’s website and hard copies will be available for viewing at the Council Chambers and Stanton Library.

24. Submissions by the Public relating to Reports on the Business Paper It is a requirement that Councillors be provided with full and timely information before a Council or Committee meeting. Councillors have the responsibility to properly read and understand all the information provided to them in order to make informed decisions. Late submissions must be dealt with in such a way as to ensure that this requirement is met.

Late submissions comprise any additional submission or document received after the report has been finalised (signed) by the Director and has been placed on the agenda for the next Council meeting i.e. after 12 noon on the Wednesday before the meeting at which the report is to be considered.

a) Late submissions relating to reports on the business paper will be considered if received and registered by Council’s closing time (5.00pm) one working day before the meeting (normally the Friday before the Monday meeting). b) These late submissions will be assessed and considered by Council Officers and be addressed in one of three ways: i) If the content of the late submission does not result in a material change or a change to the recommendation of the report, the late

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submission will be provide to Councillors on blue coloured paper. These documents will be acknowledged as raising no new issues that warrant further comment. ii) If the content of the late submission does result in a material change to the recommendation of the report, an addendum to the report will be prepared by a Council Officer. Dependent on the circumstances, deferral of the matter may be recommended when an authoritative response cannot be give prior to the meeting. iii) Any addendum will appear on Council’s website no later than 2.00pm on the day of the meeting (normally Monday) and be made publicly available at the meeting by inclusion in the folder of reports located out the Council Chamber. c) Late submissions received after 5.00pm one working day prior to the meeting (normally Friday), but before midday on the day of the meeting (normally Monday). These documents will either be acknowledged as raising no new issues that warrant comment by Council Officers, or a recommendation for deferral will be made in order to allow adequate time for the contents of the submission to be assessed by way of an addendum report. Copies of late submissions and comments from Council Officers will be made available to Councillors on blue coloured paper at the Council meeting. d) Neither late submissions nor other documentation may be presented at the Council meeting. Notwithstanding this, written submissions or documentation may be received by resolution of the Council, but may result in the deferral of the matter from the agenda to allow for the appropriate Council Officer’s comment.

25. Agenda 25.1 The Agenda shall state all matters to be dealt with at the meeting. 25.2 The Agenda for a meeting shall be prepared by close of business on the Thursday of the week before the meeting. 25.3 The Agenda and all accompanying reports shall be available for perusal by any member of the public at the Council Chambers, Stanton Library and on Council’s website by close of business two working days before each meeting. 25.4 Except as otherwise provided in Clause 20 of this Code, business other than business arising out of matters in the Agenda shall not be considered.

26. Mayoral Minutes Reg. Cl.243 The Mayor shall have the right of directing attention at any meeting to any matter within the jurisdiction or official cognisance of the Council by a Minute

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duly signed and such Minute shall, when introduced, take precedence over all other business. The adoption of the Minute may be put by the Mayor without it being seconded.

27. Reports to Council by its Officers The recommendations made in reports to Council or Committees by Council Officers, when adopted, shall be resolutions of the Council. This provision shall also apply to reports of Committees to Council.

Council Officers must, when preparing reports which will be open to inspection by the public, avoid including personal identifiers such as names and addresses unless such information is required by legislation. An example of when such information would be required is a development application, in which case the name and address of the applicant must be provided.

Reports must not contain confidential information (as defined in Clause 47.1), however where a report includes the receipt or discussion of matters that, in the opinion of the General Manager, is likely to take place when the meeting is closed to the public, the report must indicate that such within the Executive Summary. The report (i.e. public version) must not refer to confidential information (as defined in Clause 47.1) relating to that report, which may be distributed to Councillors under separate cover.

28. Petitions and Correspondence 28.1 Petitions and correspondence will be received by the Council and may be referred to Council Officers for further action. For privacy reasons, only the substance of the petition and the number of signatories will appear in the business paper; the full petition will be available for viewing by Councillors only at the meeting. 28.2 Petitions and correspondence intended for the consideration of Council must be received by the General Manager no later than 12 noon of the Wednesday preceding the Council meeting.

29. Notices of Motion LGA s.367 29.1 A Notice of Motion intended for the consideration of Council must be received by the General Manager no later than 12 noon of the Wednesday

preceding the Council meeting. 29.2 If an individual Councillor requests Council to undertake research on a matter it is to be addressed by a Notice of Motion for consideration of

Council. 29.3 Notices of Motion shall be relevant to matters within the legal jurisdiction

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of the Council.

29.4 A Notice of Motion may be accompanied by explanatory notes, if necessary, limited to 250 words.

29.5 Dealing with Notices of Motion at Council Meetings a) Notices of Motion should be moved, unamended, in the order in

which they appear on the business paper (unless brought forward at the request of the public gallery). The Motion must be seconded. b) In the absence of the mover of a Notice of Motion on the business paper, any other member may move the motion or such motion may be deferred to the next ordinary meeting of Council.

c) Amendments may be moved which may add to, or change, the Motion if agreed to by the mover. d) Amendments not agreed to by the mover may be moved according to the provisions of Clause 36.4 (Moving Amendments) of this Code.

30. Questions with Notice 30.1 A Question with Notice intended for consideration of Council must be received by the General Manager no later than 12.00 noon on the Wednesday preceding the Council meeting.

Reg. Cl.249 30.2 Questions with Notice must directly relate to the business of Council and must comply with the Local Government (General) Regulation 200 which provides under Clause 249 that a Councillor mist put every such question directly, succinctly and without argument.

30.3 Content of Questions LGA a) Questions should not refer to confidential matters that have been s.10A(2) previously, or are yet to be, discussed by Council in closed session, nor refer to confidential matters as listed in section 10A(2) of the Local Government Act 1993.

b) Questions may only be to elicit information, not to give information. c) Questions may not include statements, arguments, inferences, imputations, epithets, ironical expressions, expressions of opinion, and or hypothetical questions.

d) Questions may not ask for expressions of opinion of a personal or political nature; legal opinions; confirmation of rumours or press reports. e) Questions are not to be used as a means of cross-examination of Council Officers or Councillors.

f) The chairperson must not permit discussion on any reply or refusal to

reply to a question put to a councillor or council employee under this

clause.

30.4 Dealing with Questions with Notice at Council Meetings

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a) Questions with Notice should be moved, unamended, in the order in which they appear on the business paper (unless brought forward at the request of the public gallery). The Motion must be seconded. b) In the absence of the mover of a Question with Notice on the business paper, any other member may move the motion or such motion may be deferred to the next ordinary meeting of Council. c) Amendments may be moved which may add to, or change, the Motion if agreed to by the mover. d) Amendments not agreed to by the mover may be moved according to the provisions of Clause 37 (Moving Amendments) of this Code. e) The responsible Council Officer may respond at the Council meeting or take the question ‘on notice’ for a written response in the next available agenda.

31. Questions by Councillors at Meetings Reg. Cl.249 31.1 Questions during Debate

Through the Mayor, a Councillor may ask questions of any other Councillor and through the General Manager, a Councillor may ask questions of any Council Officer.

31.2 Questions Without Notice

Asked at the meeting shall be included in the Minutes and referred to the relevant Council Officer for reply. The question will be taken on Notice and the response included on the next available agenda. Councillors are requested to hand in a written copy of Questions Without Notice to assist

with the production of the Minutes. 31.3 Content of Questions

Reg. Cl.249 The content of questions asked by Councillors at meetings must be consistent with the provisions of Clause 30.3 of this Code.

32. Rescission Motions (as defined in Clause 2.13 of this Code)

LGA s.372 32.1 A resolution which has been passed by the Council shall not be altered or rescinded except by a motion to that effect (a Rescission Motion) of which notice has been given. A Rescission Motion must be signed by at least

three (3) Councillors if less than three (3) months has elapsed since the resolution was passed or the motion was negatived, as the case may be. 32.2 A Rescission Motion may be given or intimated during the meeting at Reg. Cl 241(2)(a) & which the resolution is made. Where the Notice is given and duly signed Cl 241(3) by three (3) Councillors the motion to rescind the resolution may be put to that meeting in order to expedite the business of Council. Clause 241(3) of the Local Government Act 1993 should only be used when the matter is genuinely urgent.

32.3 Where a Rescission Motion is not handed in at a Council meeting, the written Notice, signed by three (3) Councillors, must be received by the

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General Manager no later than 12 noon on the second working day following the meeting (normally Wednesday) and must be dealt with at

the next Council meeting after it is lodged. 32.4 If a Notice of Rescission is lodged, no decision of Council may be acted upon until the Rescission Motion has been determined. Where action on a

Rescission Motion is required before the motion can come before an Ordinary Council meeting, a Special or Extraordinary Meeting of Council may be called to deal with that one issue in accordance with Clause 10 of this Code.

32.5 Only one Rescission Motion relating to an original motion may be put forward by any Councillor, as required by this Code.

32.6 A Rescission Motion on any matter can only be lost once before a three LGA (3) month ban is placed on any Councillor moving a motion to the same s.372(5) effect.

32.7 Any Rescission Motion withdrawn by the movers shall be deemed to have been withdrawn by the consent of the Council. A similar or identical Rescission Motion shall not be resubmitted for three (3) months. 32.8 Procedural motions in respect of the conduct of meetings and motions for adjournment may not be subject of a Rescission Motion. 32.9 Dealing with Rescission Motions at Council Meetings a) A Rescission Motion (as defined in Clause 2.13 of this Code) is to be moved and seconded prior to any debate. b) An amendment may be moved after any motion is moved and seconded, provided that only one amendment is before the Council at any one time. c) Further amendments may be foreshadowed provided such amendments are foreshadowed before the first amendment is dealt with by the Council. d) No amendment may be moved after the first amendment is considered unless it has been foreshadowed.

33. Recommittal of Business Any business may be recommitted for further debate if a resolution to do so is carried other than where members of the public have addressed Council on an item of business and have left the Council Chamber following the decision. In these circumstances that item shall not be recommitted: reconsideration, if absolutely necessary, must be by way of a Rescission Motion.

34. Deferred Business 34.1 Any business deferred from Council or Committees for whatever reason is to be given priority on the business paper for the next Council or Committee meeting.

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34.2 When items are deferred to on-site meetings (Councillor Inspections), members of the public shall be given the opportunity to speak at the inspection, not at the Council meeting. Discussion by Councillors should be limited to the reasons for moving deferral to a councillor inspection.

Conduct of the Meeting

35. Chair to have precedence Reg. Cl.237 (a) When the Chair rises during a meeting of the Council any Councillor then speaking or seeking to speak must be silent to enable the Chair to be heard without interruption.

(b) Councillors and Council officers must acknowledge the Chairperson presiding at a Council meeting each time that the person enters and leaves the room where the meeting is in progress.

36. Moving Motions and Amendments 36.1 Chair's duty to put Motions

It shall be the duty of the Chair to receive and put to the meeting any

motion or amendment brought before the meeting in accordance with this

Code unless such has been ruled out of order.

36.2 Unopposed Business If no objection is made to the recommendation, the Chair may put to the vote a motion that the recommendation be adopted without discussion.

36.3 Motions to be Seconded Reg. Cl.246 Except as provided elsewhere in this Code, a motion shall not be debated unless and until it is seconded. This provision shall also apply to amendments to any motion.

36.4 Moving Amendments Reg. Cl.247 An amendment may be moved after any motion is moved and seconded, provided that only one amendment is before the Council at any one time.

a) Further amendments may be foreshadowed provided such amendments are foreshadowed before the first amendment is dealt with by the Council. b) If an amendment has been rejected, a further amendment can be moved to the motion to which the rejected amendment was moved, and so on, but no more than one motion and one proposed amendment can be before the Council at any one time.

c) No amendment may be moved after the first amendment is considered unless it has been foreshadowed.

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36.5 Motions for Adjournment of Meetings

(a) Discussion shall not be permitted on motions to adjourn the meeting. If the motion for adjournment is defeated, no further motion for adjournment may be moved until half an hour has elapsed since the last motion was moved. (b) Council meetings should have an adjournment break of ten (10) minutes by resolution if the meeting has not concluded by 8.45pm

36.6 Motions of Dissent

Reg Cl.248 Any member of Council or Committee may, without notice, move to dissent from the ruling of the Chair on a point of order at which time the business before the meeting shall be suspended pending the decision on the question of dissent.

Where the dissent motion is carried, business shall proceed as though the ruling had not been given and any business ruled out of order shall be reinstated to the business of the meeting.

Notwithstanding any provisions to the contrary in this Code, only the mover of the dissent motion and the Chair may speak to the motion. The mover of the motion does not have a right of reply. 36.7 Motions or Amendments Out of Order The Chair may decide that any motion, amendment or other matter is out of order in which case it shall be rejected and not dealt with further.

37. “En Globo” Consideration 37.1 To enable the Council to expedite its business, by resolution the Council may deal with selected business “en globo” (i.e. by exception) after the first seven (7) items in the order of business (as outlined in Clause 16.1) have been considered. The following can be dealt with “en globo”: a) Council reports recommending only “that the report be received” - where possible, the business paper will be compiled to facilitate “en globo” consideration by grouping reports whose recommendation is for reception only together at the end of the relevant divisional section. b) The report of a Committee - where all recommendations in the Committee report are adopted by Council, unless specific items are excluded at the time the “en globo” decision is taken. c) Correspondence dealt with “en globo” shall mean that all items of correspondence are "received" only. If a decision other than "received" is required, the item must be considered separately. d) The items noted in a), b) and c) will be adopted unanimously other

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than where any Councillor at the time of voting, clearly indicates that he/she wants his/her name counted in the vote against a particular item. If a Councillor has declared an interest in any item which is to be adopted unanimously, the Councillors should not vote and must leave the Chamber in order to meet statutory requirements.

38. Councillors and Members of the Public Addressing Council 38.1 Councillors Addressing Council a) A Councillor shall on all occasions when in the Council Chambers address other Councillors by their official designation, i.e. Mayor, Chair, Councillor as the case may be. b) In Council, Committee meetings and all other meetings convened by resolution of the Council or Committee all discussion or questions shall be directed through the Chair. c) With the exception of the Chair, all Councillors shall only speak when recognised by the Chair. d) In Council meetings Councillors must address the Chair by standing. This indicates that while standing the Councillor ‘has the floor’. e) The mover of a motion shall have the right of general reply to all observations made by any Councillor in reference to that motion and to speak once to any amendment thereto and every other amendment. The right of reply is not to introduce new matter into the debate. f) Every Councillor shall have the right to speak once upon the motion and once on each amendment except where consent of the Chair is otherwise given. g) A Councillor shall not speak longer than five (5) minutes on any motion or amendment except where the Chair may grant an extension of time. h) A Councillor, if misrepresented or misunderstood, may be permitted to explain but shall not add further observations to the debate. i) Notwithstanding any of the above, where not less than two Councillors have spoken in favour of the motion or amendment and two (2) have spoken against the motion or amendment, any Councillor may move that the motion be now put. A vote shall then be taken on the motion "that the motion be now put" without further debate. If this motion is carried, the Chair shall after the mover of the original motion has had the right of reply, put the motion to the vote. j) If the motion to put the motion is lost, debate shall continue. k) A Councillor is not prohibited from again moving such a motion on the same matter.

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38.2 Members of the Public Addressing Council a) Any applicant, objector, resident or member of the public may address any meeting of Council or Committee on any item on the agenda by attending the meeting and notifying the Council Officer in attendance prior to the commencement of the meeting of the item on which they wish to speak. b) Following consideration of any Mayoral Minutes, a resolution will be passed to bring forward those items requested by the public and deal with them in the order they appear on the business paper. c) Members of the public addressing Council and Council (Assessments) meetings will be called to speak in the order in which they made application i.e. registered to speak. d) Members of the public addressing Council and Council (Assessments) meetings shall sit at the designated chair with microphone at the foot of the table. e) Members of the public addressing Council shall commence by stating their name and address or professional capacity. f) Each person who has indicated they wish to speak shall be given three minutes to address the Council and, having spoken shall not have the right to speak again other than to answer questions put to them by Councillors. Extensions of time may be granted to a maximum of a further two (2) minutes at Council's discretion. g) Councillors may ask questions of the speakers. h) If two (2) or more persons indicate they wish to address Council on the same issue from the same perspective (i.e. in favour or against), the Chair may ask them to nominate a spokesperson and not all address the meeting. i) Persons who have addressed the meeting previously on the same issue shall only address any subsequent meeting for the purpose of introducing new material and not to reiterate their previous address. j) Speakers shall observe proper meeting procedure and be subject to the same rules of decorum and order as the Councillors. Speakers shall on all occasions when in the Council Chambers address other Councillors by their official designation, i.e. Mayor, Chair, Councillor as the case may be.

39. Voting LGA ss.370 39.1 Voting on a Motion & 375 and Reg. Cl.251 a) Each Councillor is entitled to one (1) vote.

b) In the event of an equality of votes the Chair has a second or casting vote.

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c) Upon every vote being taken all Councillors and shall vote in the affirmative (in favour) or the negative (against).

d) Councillor who refuses to vote shall be counted for the negative and such shall be recorded in the Minutes. e) A Councillor must be in the Chamber in order to cast a vote. If a

Councillor is physically absent from the Chamber (or meeting room) at the time of voting they will be recorded as being absent in the Minutes.

f) A Councillor may not vote on behalf of another Councillor (refer to Clause 12.2 of this Code).

39.2 Record of Voting a) Voting indicating which Councillors are in favour or against a motion

shall be recorded for all motions (including planning decisions) in the Minutes of all meetings. LGA s.375A(2) b) The General Manager is required to keep a register containing, for each planning decision made at a Council meeting, indicating which Councillors were in favour or against a decision.

40. Decisions of the Council LGA s.371 A decision of Council is one supported by a majority of the votes at a meeting of the Council at which a quorum is present.

LGA ss. 441 41. Conflict of Interest & 448 (This Section should be read in conjunction with Council’s Code of Conduct

- Councillors and Staff - Clause 7 Conflict of Interests) 41.1 A Councillor has the duty to disclose to any meeting at which they are present, a pecuniary or non-pecuniary interest which may conflict with

their public or professional duties as a Councillor. 41.2 Councillors should be aware that matters before Council involving

political or campaign donors may give rise to a non-pecuniary conflict of interest.

41.3 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 or another person with whom the person is associated.

41.4 A Councillor who has a pecuniary interest in a matter to be considered at a meeting must leave the Chamber (or meeting room) and not take part in a discussion on the matter at the meeting or vote on the matter.

41.5 In order to "not take part in a discussion on the matter at the meeting" a Councillor may not:

a) Be present during any discussion, even though not speaking;

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b) Behave in a manner which suggests the Councillor's opinion on the matter;

c) Attempt any other form of communication which has the effect of informing others as to the view of the Councillor; d) Be in the same room or vicinity of the place where the meeting is being conducted.

Whether or not the non-pecuniary interest is significant (as defined in sub-clause 7.16 of the Code of Conduct - Councillors and Staff) will determine how a Councillor or Committee member should manage the conflict. All non- pecuniary interests must be declared in writing and, if the Councillor or

Committee member considers that the conflict does not require further action, they must provide a written explanation.

a) Significant Non-Pecuniary Interest: (i) Leave the Chamber or meeting room and not take part in debate or voting on the issue, in which case the Councillor should not

discuss that matter with other Councillors inside or outside of the Chamber or meeting room lest that create an actual or perceived abuse of the Council's process.

b) Non-significant Non-Pecuniary Interest:

(i) Participate in debate but leave the Chamber and not take part in voting on the issue; (ii) Participate in debate and voting on the issue.

41.6 A Councillor's participation in meetings is subject to his/her fulfilment of obligations set out in the Code of Conduct - Councillors and Staff and this

Code. 41.7 Councillors must not address meeting as a Resident

LGA Councillors who are not allowed to take part in a discussion because of a s.451(2) pecuniary or significant non-pecuniary interest cannot escape this by addressing the meeting as a ‘resident’ or ‘ratepayer’. Section 451(2) of the Act states that a Councillor must not be present at or in sight of the meeting of Council at any time during which the matter (for which the councillor has declared a pecuniary interest) is being considered, discussed or voted on. 41.8 Non-Disclosure of a Conflict of Interest A Councillor who fails to observe Conflict of Interest procedures may be reported to the General Manager who will determine if the matter is appropriate to be referred to the Conduct Committee. Any person who considers a Councillor has failed to observe Conflict of Interest procedures may make a complaint to the Director General of Local Government. 41.9 Conflict of Interest in relation to the Report of a Conduct Committee Conflict of interest refers to conflict between a council official’s public

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duty and a personal interest. There is therefore no requirement for Councillors to disclose a conflict of interests in the matter of a conduct committee report that is presented to a council meeting. The matter of the report relates to the public duty interest of a councillor.

42. Question of Order Reg. Cl. 255 42.1 The Chair, without the intervention of any other Councillor or member of & 270 a Reference/Working Group, may call any Councillor or citizen member to order if the necessity arises. 42.2 Any Councillor or Reference/Working Group member who considers any other Councillor or citizen member is guilty of an Act of Disorder or is out of order may call the matter to the attention of the Chair. 42.3 After the question of order has been stated, without debate, the Chair shall give a ruling and may invite the opinion of Council. 42.4 The Chair's ruling shall be obeyed unless a motion of dissent is carried. Failure to obey the Chair's ruling shall in itself be an Act of Disorder. 42.5 Any person, having been called to order by the Chair, who wilfully commits a further breach of order shall be guilty of an offence and subject to the provisions of the Local Government Act 1993 and this Code.

43. Acts of Disorder Reg. Cl. 256 43.1 An Act of Disorder may be defined as an act by any Councillor or Reference/Working Group member who at any meeting: a) Commits a breach of the Local Government Act 1993 or any regulation in force under the Act. b) Assaults or threatens to assault another Councillor or person present at the meeting. c) Moves or attempts to move any motion or amendment that has an unlawful purpose or that deals with a matter that is outside the jurisdiction of the Council, Committee or Reference/Working Group, or addresses or attempts to address the Council, Committee or Reference/Working Group on such a motion, amendment or matter. e) Insults or makes personal reflections on, or imputes improper motives to, any other Councillor or citizen member, Council Officer or member of the public. f) Says or does anything that is inconsistent with maintaining order at the meeting or is likely to bring the Council, Committee or Reference/Working Group into contempt. shall be guilty of an Act of Disorder. 43.2 The Chair may require a Councillor or Reference/Working Group member:

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a) To apologise, without reservation for an act of disorder referred to in subclause 44.1 a) or b), or b) To withdraw a motion or amendment referred to in subclause 44.1c) and, where appropriate, to apologise without reservation, or c) To retract and apologise without reservation for an act of disorder referred to in subclause 44.1 d) or e). 43.3 Disorder in Meetings If disorder arises in any meeting the Chair may adjourn the meeting for a period of 15 minutes and leave the Chair. On resuming, the Council, Committee or Reference/Working Group shall, on the question being put from the Chair, decide without debate whether the business shall proceed or not. If not, the meeting shall stand adjourned and be subject to the adjournment provisions of this Code.

44. Expulsion from Meeting Re. 44.1 Expulsion of Councillors or other persons from Meetings for Acts of Cl.256(3) Disorder in terms of the Local Government Act 1993, this Code, the Code

of Conduct - Councillors and Staff and Council's Policies is by resolution of the meeting and by direction of the Mayor at Council Meetings. Such expulsion does not prevent other action being taken for an Act of Disorder such as formal complaints to the Division of Local Government, the Independent Commission Against Corruption (ICAC) and prosecution.

Note: Once expelled, a Councillor or Reference/Working Group member cannot go back into that meeting, whether or not he or she withdraws and apologises. They may attend the next and

subsequent meetings if no further resolutions are carried. 44.2 Power of Expulsion The Council by this Code authorises the person presiding at any meeting LGA ss 10 of the Council, Committee or Reference/Working Group to exercise the 2(A)&(B) power of expulsion as provided by Section 10 2(a) and (b) of the Local Government Act 1993.

A police officer, or any person authorised for the purpose by the Council may, by using only such force as is necessary, remove the Councillor or member from that place and, if necessary, restrain the Councillor or member from re-entering that place.

45. Duration of Meetings 45.1 Council Meetings All Council meetings shall cease at 11.30pm provided a procedural motion may be carried to extend business beyond that time if not to do so would unreasonably delay the business. During any extension of business,

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priority shall be given to applications for Council consent and policy matters. 45.2 Committees, Reference Groups and Working Groups All Committee and Reference/Working Group meetings shall conclude no later than two hours after the scheduled commencement time unless the meeting resolves to continue the meeting until a later time or the completion of business.

46. Closed Meetings LGA 46.1 Despite the right of members of the public to attend Council, Committees s.10A(2) and Reference/Working Groups (where open to the public), the Council,

Committee or a committee of Councillors may still close to the public, parts of the meeting that involve the discussion or receipt of any of the following matters or information:

(a) personnel matters concerning particular individuals (other than Councillors);

(b) the personal hardship of any resident or ratepayer; (c) information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to

conduct) business; (d) commercial information of a confidential nature that would, if disclosed:

- prejudice the commercial position of the person who supplied it, or

- confer a commercial advantage on a competitor of the council, or - reveal a trade secret.

(e) information that would, if disclosed, prejudice the maintenance of law;

(f) matters affecting the security of the Council, Councillors, Council Officers or Council property;

(g) advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege;

(h) information concerning the nature and location of a place or an item of Aboriginal significance on community land; and/or

LGA (i) alleged contraventions of the Council’s Code of Conduct. Clause 8.45 s.10A(2)(i) of the prescribed Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW states that a council is to close its meeting to the public to consider a final investigation report where it permitted to do so. However, in closing a meeting to consider a conduct reviewer’s report, the council is still required to

apply the public interest test under Section 10B(1)(b). 46.2 The Council, or a Committee of which all the members are Councillors,

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may also close to the public so much of its meeting as comprises a motion to close another part of the meeting to the public.

46.3 The grounds on which part of a meeting is closed must be stated in the decision to close the meeting and must be recorded in the minutes of the meeting.

LGA s.10D 46.4 The Council, or a Committee, may allow members of the public to make representations to or at a meeting, before any part of the meeting is closed

to the public, as to whether that part of the meeting should be closed. 46.5 Resolutions made at a closed meeting must be made public by the Chair of the meeting as soon as practical after the closed part of the meeting has

ended. 46.6 The subject matter of any report to be considered in the closed part of a

meeting of Council or a Committee should appear on the Agenda stating the reason why the meeting will be closed to discuss the item.

47. Consideration of Confidential Advice LGA 47.1 A meeting is not to be closed for the receipt and consideration of s.10B(2) information or advice concerning litigation or the subject of legal professional privilege unless the advice concerns legal matters that: (a) are substantial issues relating to a matter in which the council or committee is involved, and (b) are clearly identified in the advice, and (c) are fully discussed in that advice.

47.2 In addition to the provisions of Clause 46 (Closed Meetings), if a motion is moved to adjourn the meeting in order to discuss confidential advice, the meeting will be adjourned and the Councillors will withdraw to the Supper Room in order to hold a closed meeting. The Council meeting will be re- opened following the return of the Councillors from the Supper Room.

47.3 During a closed meeting, where an item relates to a staffing matter and Council Officers have been requested to leave the chamber, such Officers must retreat to the Supper Room.

Committees of Council

48. Committee of the Whole LGA s.10A 48.1 The Council may resolve itself into a Committee of the Whole at any meeting of Council, to consider any matter and the provisions of this Code shall govern the proceedings, except those applicable to the length of discussions and number of speakers. 48.2 All reports of proceedings in Committee of the Whole shall be made to

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Council by the General Manager. This report may be made verbally and recorded in the Minutes of Council. 48.3 The quorum for Council shall apply to a Committee of the Whole. 48.4 Any report on proceedings shall be sufficient if it states the general effect of the proceedings. 48.5 Proceedings of Committees of the Whole shall not be effective until the report is adopted by the Council.

49. Formation of Committees Reg. Cl.260 49.1 Council may form any number of Committees it deems necessary to assist

in the conduct of Council business. 49.2 Council shall determine the purpose of each Committee and the duration of its existence.

49.3 Council shall determine the quorum for the Committee which may be less than a majority.

Reg. Cl.261 49.4 The Chair of each Committee must be:

a) the Mayor, or Reg. Cl.267(1) b) if the Mayor does not wish to be the chair of a Committee, a member of the Committee elected by the Council, or c) if the Council does not elect such a member, a member of the

Committee elected by the Committee. 49.5 Council may elect a member of a Committee as Deputy Chair of the

Committee. If the Council does not elect Deputy Chair of such a Committee, the Committee may elect a Deputy Chair.

49.6 If neither the Chair nor the Deputy Chair of a Committee is able or willing to preside at a meeting of the Committee, the Committee must elect a member of the Committee to be acting Chair of the Committee.

49.7 The Chair is to preside at a meeting of a Committee. If the Chair is unable or unwilling to preside, the Deputy Chair (if any) is to preside at the meeting, but if neither the Chair nor the Deputy Chair is able or willing to preside, the acting Chair is to preside at the meeting.

50. Powers of Committees

50.1 A Committee shall not have the power to incur expenditure 50.2 Where Council grants delegated authority to a committee to determine a

matter, the quorum for the exercise of delegation shall be seven (7) Councillors. 50.3 The North Sydney Traffic Committee is not restricted in the same way

that Committees of Council are under the Local Government Act 1993.

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LGA s.377 The Traffic Committee is established by the NSW Roads and Maritime Services (RMS) as a condition of Council being given certain traffic regulation functions.

51. Committee Proceedings 51.1 This Code shall, unless expressly excluded, apply to the proceedings of Committee meetings. 51.2 The Mayor and Councillors shall, ex officio, be members of all Committees and the Mayor shall be the Chair if they so elect. 51.3 Committee meetings shall be conducted in accordance with the Charter for that Committee. 51.4 Voting indicating which Councillors are in favour or against a motion shall be recorded for all motions in the Minutes of all meetings. 51.5 The decision of the Chair as to the result of the vote shall be final and conclusive unless immediately challenged and two (2) Councillors demand a Division. In a Division, the Chair and all Councillors shall be entitled to vote and the names voting for and against shall be recorded in the Minutes. 51.6 The minutes of a Committee meeting can only be confirmed and adopted by resolution of that Committee, passed at a subsequent meeting of that Committee. A motion or discussion in respect of the Minutes shall not be in order except as to their accuracy as a record of proceedings. Minutes may not be amended to reflect second thoughts on a resolution - changes may only be made if the accuracy of the resolution is found to be at fault; as per clause 19.2 of this Code. 51.7 The recommendations arising at Committee meetings are to be submitted to the next available Council meeting for adoption. Any Councillor, irrespective of whether that Councillor is a member that Committee may be the mover or seconder of such recommendations.

52. Formation of Reference Groups and Working Groups 52.1 Council may form any number of Reference/Working Groups it deems necessary to assist in the conduct of Council business. 52.2 Council shall determine the membership and voting rights of each Reference/Working Groups. 52.3 Council shall determine the purpose of each Reference/Working Groups and the duration of its existence. 52.4 Council shall determine the quorum for the Reference/Working Groups which may be less than a majority. 52.5 Council shall nominate the Reference/Working Groups Chair or the method for election of the Chair by the Reference/Working Groups.

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53. Powers of Reference Groups and Working Groups 53.1 A Reference/Working Group shall not have power to incur expenditure.

53.2 A Reference/Working Group shall not have the power to bind the Council.

54. Reference Group and Working Group Proceedings 54.1 This Code shall, unless expressly excluded, apply to the proceedings of

Reference/Working Group meetings. LGA s.377 54.2 The Mayor and Councillors shall, ex officio, be members of all Reference Groups/Working Groups and the Mayor shall be the Chair if they so elect. 54.3 Reference/Working Group meetings shall be conducted in accordance with the Charter for that Group. 54.4 In formulating a Recommendation, any Councillor or citizen member may require that his/her name be recorded as voting against the final motion. 54.5 The decision of the Chair as to the result of the vote shall be final and conclusive unless immediately challenged and two Councillors request a Division. In a Division, the Chair, all Councillors and all Citizen Members shall be entitled to vote and the names voting for and against shall be recorded in the Minutes. 54.6 The minutes of a Reference/Working Group meeting can only be confirmed and adopted by resolution of that Group, passed at a subsequent meeting of that Group. A motion or discussion in respect of the Minutes shall not be in order except as to their accuracy as a record of proceedings. Minutes may not be amended to reflect second thoughts on a resolution - changes may only be made if the accuracy of the resolution is found to be at fault; as per clause 19.2 of this Code. 54.7 A report on the proceedings of Reference/Working Group meetings are to be submitted to the next available meeting of Council for endorsement, including all recommendations. Any Councillor may be the mover or seconder of a motion to confirm the proceedings of a Reference/Working Group meeting. 54.8 A report will be prepared by the responsible Council Officer detailing the proposed costings, timelines, implications to existing workload and the adopted Delivery Program where Council resolves to adopt any specific recommendations in the minutes of a Reference/Working Group.

55. On-Site Inspections or In-House Meetings While conducting its function, Council may resolve to further consider a matter following a site inspection or in-house meeting. Site inspections or in-house meetings are summarised as follows: 55.1 Site Inspections

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The purpose of a site inspection, also known as a site familiarisation meeting, is to provide additional information that contained within a Council Officer’s report or briefing note and to enable Councillors to view the development application on site including to view any impacts on neighbouring properties. The General Manager or relevant Council Officer arrange for interested Councillors to attend agreed inspections, after confirming permission to access to the site with the property owner(s). Site inspections involve Councillors and Council Officers only. The applicant and objectors are not entitled to participate in on-site inspections i.e. Councillors are not in attendance to hear objectors’ concerns. 55.2 In-House Meetings The purpose of an in-house meeting is to hear and possibly resolve issues raised by a development proposal in a less formal environment than a Council meeting. The applicant and objectors can participate in in-house meetings i.e. objectors can raise their concerns with Councillors in attendance. In-house meetings may follow site inspections where more formal discussion is considered warranted to discuss or resolve outstanding issues. 55.3 Site inspections or in-house meetings are informal meetings of Council. They are not a forum for debate and/or decision-making. Not all Councillors are able to be present at site inspections or in-house meetings and therefore is not representative of the whole Council. Any views formed at such meeting are the personal views of Councillors. Requests for changes or amendments to plans or the provision of conditions are not valid until ratified by a resolution of the Council. However, the applicant at their sole discretion may voluntarily amend plans to resolve issues. Such plans will be notified if appropriate in accordance with relevant Council policy. 55.4 Site inspections or in-house meetings can be called either by individual resolution of Council or in accordance with the ruling Delegations of Authority. In either case the reasons for referral must be clearly identified at the time of referral and must serve a planning purpose i.e. to clarify or address issues, which are raised by the application, in question. Conduct: 54.4.1 The Code of Conduct - Councillors and Staff governing behaviour applies to all site inspections and in-house meetings.

54.4.2 In-house meetings should be conducted in such a way that the applicants and the objectors have the opportunity to clearly articulate their points of view, and for Councillors to be able to view or determine any impact, hear concerns and obtain information about the development.

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54.4.3 The Council Officer will present a summary of the application and its impacts, clarify issues only where it is within their immediate ability to do so and keep notes of the meeting including matters for further resolution or refinement.

54.4.4 All issues arising from alleged inaccuracies, wrong conclusions or errors in the Council Officer report or documents submitted by the applicant are to be noted and reported back to Council following examination. They are not to be subject of debate on-site.

54.4.5 Documentation available to site inspections is to include: a) The application, including full sized plans and relevant supporting statements; and b) The Council report or briefing note prepared by the Council Officer. 55.5 The quorum for any site inspections and in-house meeting shall be two (2) Councillors. 55.6 Record Keeping: 54.6.1 The notes are the record of the meeting. They record: a) Attendance; b) Issues raised by objectors and the applicants; c) Questions asked by Councillors; and d) Views about how impacts might be mitigated.

54.6.2 The notes are not to be considered a verbatim record of discussion.

54.6.3 The notes do not record a decision, since the meeting is not a formal Council meeting.

54.6.4 Requested amendments can only be formalised by Council resolution.

54.6.5 Site inspections and in-house meetings are not to be recorded or filmed by any party other than in accordance with the further provisions of this policy. 55.7 Role of the Chair - Site inspections and in-house meetings are chaired by a Council Officer, usually the Assessments Team Leader, with the report writer in attendance. The Chair’s role is to: a) Introduce the Councillors and other Council Officers present; b) Outline how the meeting is to be conducted;

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c) Conduct the meeting in accordance with this policy to facilitate a full understanding of the development application, and its impacts; and d) Outline in summary what the application is for; e) Outline the history and key planning issues associated with the application; f) Provide information on planning controls if there are questions; g) Take notes/minutes. 55.8 The Council Officers are not at the inspection or meeting to: a) argue a case for or against the development application or debate the merits of the application; b) justify or defend their assessment, or another Council Officer’s assessment; c) justify or defend Council’s planning controls or other matters of Council policy; and d) resolve errors and/or opinions expressed in the Council Officer’s report. 55.9 Relationship to Assessment Report - the preparation of the Assessment Report is separate from the site meeting. The Council Officer undertakes the assessment of the development application against Council’s planning controls and makes an independent recommendation to Council.

The Council Officer may be informed by the issues raised at the site inspection or in-house meeting. Similarly, the Council Officer may not be directed by any views formed by any Councillor, Precinct Committee representative or member of public at a site meeting (refer to Clause 55).

The site inspection or in-house meeting should enable Councillors and the public to better understand the assessment of impacts and whether the application meets the controls or not as outlined in the assessment report, and to inform their view of the application.

Notes of site inspections or in-house meetings will be attached to subsequent Council reports and will be publicly available in accordance with the policy ruling at the time.

55.10 Delegated authority may be granted by Council to a site inspection, in- house meeting or other committee to determine any matter before it. Where delegated authority is granted a quorum of a minimum of seven (7) Councillors shall be in attendance at any meeting where such delegation is exercised.

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56. Site Meetings 56.1 Site Meetings may be convened when required/warranted, by resolution of the Council, however they can not be held in place of a site inspection or in-house meeting, and may only be convened after either a site inspection or in-house meeting has be held. They involve Councillors, Council Officers and interested members of the public, including applicants and objectors i.e. they are public meetings. The purpose of a site meeting is to view proposed development in the context of its site and to hear for interested parties as deemed appropriate. 56.2 Site meetings are not considered an appropriate mechanism for the resolution of development issues and will rarely if ever be held. 56.3 The General Manager or relevant Council Officers arrange for interested Councillors and other relevant members of the public to attend agreed site meetings. 56.4 Role of the Chair - Site inspections and in-house meetings are chaired by the Mayor or her nominee. The Chair’s role is to: a) Introduce the Councillors and other Council Officers present; b) Outline how the meeting is to be conducted; c) Conduct the meeting in accordance with this policy to facilitate a full understanding of the development application, and its impacts; and 56.5 Site meetings will be attended by a Council Officer (representative of Council’s Planning and Development Services Division) and at the discretion of Council management, any other relevant Council Officers, including administrative support. 56.6 The format of site meetings may vary depending on the site and the development application, but typically the format should be as follows: a) Introduction of Councillors; b) A standard worded outline of how the meeting is to be conducted, its purpose and the reason why the application was referred to the site or in-house meeting; c) Declarations of interest from Councillors and other attendees, to be recorded in the notes; d) Council Officer outlines key features of the development application including compliance and impact; e) Councillors view the property and impacts; f) Objectors, in turn, or via a spokesperson, should identify their interest in the proposal and then outline their concerns, including any measures which may, in their opinion, reduce or eliminate

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their impacts; g) Applicants have opportunity to respond and may offer amendments to address objectors concerns; h) Councillors ask questions to obtain further information about potential impacts and means of mitigating such impacts; and i) Chair concludes meeting by summarising issues raised and clarifying points for further clarification. The Chair will emphasise that any call for amended plans or the imposition of condition is only formalised by the resolution of a full Council meeting. 56.7 At the discretion of the Chair, in the case of complex or controversial matters, 15 minutes may be allocated prior to the commencement of the meeting to enable Councillors to examine the site without the applicants or public present. This is to provide Councillors with an opportunity to understand the site and the application prior to discussing the issues with applicants and submitters. There is no intent to exclude interested parties from the process. 56.8 Councillors should not give direction to applicants at the site meeting as to amendments to plans required to achieve approval. Such direction may lead an applicant to assume such changes will ensure an approval. 56.9 Notes of site meetings will be attached to subsequent Council reports and will be publicly available in accordance with the policy ruling at the time.

57. Special Committees of Council Council may resolve to hold a Special Committee meeting for the purpose of discussing one item of particular interest. The meeting will be open to the public and be governed by the practices and procedures for Committees contained in this Code.

General

58. Press and Public LGA s.9 58.1 Every meeting of Council, Committees (except Audit and Risk Committee) and Reference Groups shall be open to the press and public. 58.2 Working Group meetings may be by invitation only. 58.3 The press shall be provided reasonable facilities for taking notes of proceedings. 58.4 Accommodation shall be available for a reasonable number of members of the public. 58.5 A copy of the business paper (agenda) shall be furnished to the press and a reasonable number of copies made available to the public before the

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opening of the meeting. 58.6 The press and public shall be allowed reasonable access to all reports laid before the meeting except for any items marked by the General Manager as "Confidential". 58.7 If items marked "Confidential" are resolved otherwise by the Council or Committee in the process of the meeting, access shall be subsequently given to the press and public. 58.8 The above will be the minimum provisions for access by the press and public. Council may, by policy, provide earlier and/or extended access. 58.9 Any person, not being a Councillor or member of a Committee or Reference/Working Group, who interrupts the orderly conduct of the business of the Council and who does not, at once, upon being called upon by the Chair to do so, withdraw from the Council Chambers (or meeting room), may, by order of the Chair, be removed and such a person shall be guilty of an offence under the Local Government Act 1993.

59. Recording of Meetings Reg. Cl. 273 58.1 Parts of formal Council meetings will be recorded (by tape recording) for the sole purpose of assisting with the accuracy of the minutes. The recordings of formal Council meetings will be retained indefinitely1.

58.2 Under certain circumstances such recordings may be accessed via Part 4 Access applications, Division 1 - Making an access application under the Government Information (Public Access) Act 2009.

58.3 Councillors, Council Officers and members of the public are not permitted to make a video (and/or any electronic device capable of recording speech) or sound recording of informal meetings, unless the permission of Council is granted on each occasion.

58.4 A Council or Committee may, by resolution, expel from the place where it is holding a meeting, any person who uses a video or sound recorder in contravention with this clause.

60. Smoking during and after Meetings Smoking is prohibited in all Council buildings.

61. Conduct of Supper Room after Meetings The conduct of the Supper Room after meetings, including invitations to the press, public or other persons to attend supper, is the responsibility of the Mayor.

1 As per Min. No. 767, 2 December 2013.

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All discussions taking place in the Supper Room after Council or Committee meetings are to be treated as confidential by Councillors, Council Officers and invited guests. However, this Clause shall not preclude Councillors or Council Officers from taking appropriate action if they believe that a breach of the Code of Conduct or any other regulatory or statutory responsibility has occurred at Council Suppers; nor shall it override the provisions of Council’s Internal Reporting - Public Interest Disclosures Policy.

62. Workshops or Briefing Sessions Workshops or briefing sessions are informal gatherings and can provide useful background information to Councillors on issues. They may involve Councillors, Council Officers and invited participants.

Briefings are designed to assist Councillors in obtaining further information, knowledge and expertise regarding Council matters as well as clarifying issues relating to its functions, policies, codes or broader local government and management issues.

Workshops should be chaired by the General Manager or another senior Council Officer. They should not be used for detailed or advanced discussions where agreement is reached and/or a (de facto) decision is made. Any policy decision from the options should be left to the open forum of a formal Council or Committee meeting. Workshops or briefing sessions are merely a means which enable Councillors to bring an informed mind to the appropriate decision making forum.

A formal record of workshops and briefings should be kept by Council Officers on the standard format detailing:

a) Date b) Subject c) Those present d) Purpose of briefing e) Documents distributed f) Outcome.

63. Declaration by a Newly Elected Council At the commencement of the first Council meeting of a newly elected Council, all Councillors shall say together and then sign the following Declaration:

“We, the elected Council of North Sydney, are honoured to serve the

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community of North Sydney and promise to fulfil our duties to the best of our ability. We are committed to open and accountable government and will act, at all times, in the interests of the community, without favour, and in accordance with, and respect for, the Law and North Sydney Council’s Codes and Policies.”

64. RELATED POLICIES/DOCUMENTS/LEGISLATION

The Policy should be read in conjunction with the following Council policies and documents:

• Code of Conduct - Councillors and Staff • Code of Conduct - Volunteers and Community Representatives • Committee Charters • Conduct Committee Charter • Councillor Access to Information and Interaction with Staff Policy • Delegations of Authority • Internal Reporting - Public Interest Disclosures Policy • Privacy Management Plan • Reference Group Charters • Working Group Charters

The Policy should be read in conjunction with the following documents/legislation:

• Division of Local Government Meetings Practice Note No. 16 - August 2009 • Division of Local Government Guidelines: The Closure of Council Meetings to the Public - April 2013 • Government Information (Public Access) Act 2009 • Local Government Act 1993 • Local Government (General) Regulation 2005 • Model Code of Conduct for Local Councils in NSW (March 2013)

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Version Date Approved Approved by Resolution No. Review Date 1 2 August 2004 Council 794 2008/09 2 22 August 2005 Council 743 2008/09 3 3 July 2006 Council 490 2008/09 4 24 September 2007 Council 662 2008/09 5 30 June 2008 Council 422 2008/09 6 24 November 2008 Council 757 2012/13 7 16 February 2009 Council 61 2012/13 8 24 May 2010 Council 295 2012/13 9 29 November 2010 Council 775 2012/13 10 28 November 2011 Council 859 2012/13 11 28 May 2012 Council 295 2012/13 12 19 November 2012 Council 49 2012/13 13 18 February 2013 Council 61 2016/17 14 17 June 2013 Council 355 2016/17 14 17 February 2014 Council 37 2016/17

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APPENDIX 1 - Diagrammatic Representation of Council, Committee and Reference/Working Group Meetings

COUNCIL

Council (Assessments)

Committees of Traffic Reference Groups Working Groups Streetscape Council Committee Committees & Access & Community North Sydney CBD Public Domain Governance Safety Committees Educational Institutions Legal and Planning Community Services Cammeray Waverton Peninsula Cremorne Environment Crows Nest Business Forum* Kirribilli Sport and Recreation Neutral Bay Youth Forum* Waverton Sustainable Transport Wollstonecraft Village

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Motion APPENDIX 2 - Flow Chart: Progression of Motions and Amendments at Council Meetings Moved

Amendment * direct negative not permissible Moved * Motion not seconded - Motion lapses without Seconded debate

Amendment Further Seconded Amendment foreshadowed Motion Debated Amendment Debated

Vote Vote Further Amendment debated Motion Motion Amendment Amendment Carried Lost carried - lost Vote becomes the Motion Carried - Lost - vote Item Motion becomes taken on recommitted Put the Motion Motion or Amendment Vote as applicable Vote Vote

RESOLUTION RESOLUTION RESOLUTION RESOLUTION

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NORTH SYDNEY COUNCIL REPORTS

Report to General Manager Attachments: Nil

SUBJECT: Ward Forums 2014

AUTHOR: Jenny Gleeson, Manager Corporate Planning and Governance

ENDORSED BY: Ross McCreanor, Director Corporate Services

EXECUTIVE SUMMARY:

Council at its meeting of 17 February 2014 (Min No. 37), resolved in part:

THAT Council note the findings of the Ward Forums survey and consider increasing the frequency of Ward Forums for 2014 to two per Ward, per year as part of the 2014/15 budget process.

The proposed increase from four to eight Ward Forums was included in the Draft Amended Delivery Program 2013/14-2016/17/Operational Plan 2014/15 which was exhibited for 28 days in May 2014. No written submissions were received in response to this proposed amendment.

Due to the timing of the adoption of the Amended Delivery Program 2013/14- 2016/17/Operational Plan 2014/15 and remaining availability within the corporate calendar it is not be possible to hold eight events in 2014. It is therefore recommended that only four be held in 2014 i.e. one per Ward. The Victoria Ward Forum has already been held (15 April) leaving only three forums to be scheduled for the reminder of 2014.

FINANCIAL IMPLICATIONS:

An increase in funding for eight Ward Forums was included in the Amended Delivery Program 2013/14-2016/17/Operational Plan 2014/15; which adopted by Council at its meeting of 23 June 2014 (Min No. 212).

Comment by Director Corporate Services: Funding for the project is appropriate.

RECOMMENDATION: 1. THAT that tentative dates be scheduled for the remaining 2014 Ward Forums so venues can be secured.

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LINK TO DELIVERY PROGRAM

The relationship with the Delivery Program is as follows:

Direction: 5. Our Civic Leadership

Outcome: 5.4 Community is informed and aware

BACKGROUND

In adopting the 2013 Ward Forums Evaluation Report (Governance Committee, November 2013) the Council resolved (Min No. 733):

THAT previous attendees and Precinct Committees be consulted regarding whether they prefer to keep the current Ward Forum format/time/topics/venue as is or if would prefer a ‘town hall’ style meeting, open to the whole local government area held twice a year.

A survey of previous attendees was conducted to obtain feedback in relation to the above resolution. The findings of the survey were presented to the Governance Committee on 10 February 2014. Council at its meeting of 17 February 2014 (Min No. 37), in adopting the Governance Committee minutes, resolved (in part):

THAT Council note the findings of the Ward Forums survey and consider increasing the frequency of Ward Forums for 2014 to two per Ward, per year as part of the 2014/15 budget process.

CONSULTATION REQUIREMENTS

Community engagement is not required.

SUSTAINABILITY STATEMENT

The sustainability implications were considered and reported on during the initiation phase of this project.

DETAIL

The first forum for 2014 was the Victoria Ward Forum held on 15 April in the Hutley Hall.

Page 73 Report of Jenny Gleeson, Manager Corporate Planning and Governance Re: Ward Forums 2014 (3)

Based the corporate calendar’s availability as at 25 June 2014, the following months are suggested for the remaining forums of 2014 (there are currently difficulties sourcing an appropriate venue for the Tunks Forum):

Forum 2 - August or September (Tunks or Cremorne)

Forum 3 - September (Tunks or Cremorne)

Forum 4 -18 November (Wollstonecraft - confirmed) 1

Note: Ward Forums have always been held on a Tuesday.

Planning will also commence now for eight events starting from 2015.

1 Both the Streetscape Committee and Ward Forum can be held in the same venue so staff/councillors/members of the public attend both meetings.

Page 74 Item G04 Governance Committee 30/06/14

NORTH SYDNEY COUNCIL

Report to General Manager Attachments: Nil

SUBJECT: Councillor Professional Development Plan 2014/15

AUTHOR: Jenny Gleeson, Manager Corporate Planning and Governance

ENDORSED BY: Ross McCreanor, Director Corporate Services

EXECUTIVE SUMMARY:

This report summarises the training, briefing, workshops and conferences attended by Councillors during the 2013/14 financial year and recommends training for the 2014/15 financial year.

FINANCIAL IMPLICATIONS:

The 2014/15 Councillor training and conference budget allocations were adopted by Council at its meeting 23 June 2014 as part of the Amended Delivery Program/Operational Plan 2014/15. Based on 2013/14 expenditure the 2014/15 budget will be reconsidered at the September 2014 budget review, and can include any recommendations arising from consideration of this report.

RECOMMENDATION: 1. THAT Council determine its training requirements for the 2014/15 financial year.

Page 75 Report of Jenny Gleeson, Manager Corporate Planning and Governance Re: Councillor Professional Development Plan 2014/15 (2)

LINK TO DELIVERY PROGRAM

The relationship with the Delivery Program is as follows:

Direction: 5. Our Civic Leadership

Outcome: 5.1 Council leads the strategic direction of North Sydney

BACKGROUND

The 2012/13 Councillor Training and Development Plan was adopted by Council at its meeting of 27 November 2012. Council resolved (Min No. 726):

THAT ‘Financial Issues in Local Government’ and ‘Long Term Strategic and Financial Planning’ training be held in April 2013 and that other councils in the NSROC region be invited to participate/share costs. THAT the 2012/13 LGSA Councillor training schedule be circulated to all Councillors for nomination of individual training needs

Council at its meeting of 29 April 2013 resolved (Min No. 240):

THAT the Council endorse the revised Councillor Training and Development Plan.

Council at its meeting of 23 June 2014 resolved (Min No. 217):

1. THAT the 2014 “issues” categories be noted and suggestions sought from Precinct Committees as well as the local business community and reported to Council at its meeting of 21 July 2014. 2. THAT Councillor Reymond, Morris, Beregi and Bevan attend the 2014 LGNSW Conference in Coffs Harbour as voting delegates, and Councillor Marchandeau as a non-voting delegate, in addition to the Mayor (voting delegate) and General Manager.3. THAT Councillors Barbour, Clare and Carr nominate their interest to the General Manager in attending the 2014 LGNSW Conference in Coffs Harbour. 4. THAT the General Manager report back to Council on the 2014 LGNSW Conference.

CONSULTATION REQUIREMENTS

Community engagement is not required.

SUSTAINABILITY STATEMENT

The sustainability implications are of a minor nature and as such did not warrant a detailed assessment.

DETAIL

This report outlines the briefings, workshops, conferences, and training attended by Councillors during the 2013/14 financial year and planned activity for the 2014/15 financial year.

Page 76 Report of Jenny Gleeson, Manager Corporate Planning and Governance Re: Councillor Professional Development Plan 2014/15 (3)

1. Briefings and Workshops

 46 Councillor Briefings were held covering subjects including, but not limited to, tenders, land use planning studies, major projects, draft strategies and legal matters.

 6 Councillor Workshops (not including the Councillor Workshop - Finance meetings) were held covering subjects including, but not limited to, Local Government reform, Code of Meeting Principles and Practice and the North Sydney Centre Review.

2. Training

The following training was provided to Councillors (including the Mayor) in 2013/14:

Training Topic Date Held Attendees iPads and Business Papers 16 July 2013 6 Councillors Financial Issues in Local Government 31 July 2013 3 Councillors Code of Conduct and Behaviours 17 August 2013 10 Councillors Long Term Strategic and Financial Planning 26 August 2013 9 Councillors Financial Issues in Local Government 11 June 2014 3 Councillors

The Councillor training budget for 2013/14 was $5,420 and the actual spend was $8,865.

3. Conferences

Councillors attended the following conferences in 2013/14:

 The NSROC Annual Conference held in Lane Cove on 1 August 2013 was attended by 5 Councillors including the Mayor, as well as the former General Manager and Director Planning and Development Services.

 The Local Government NSW Inaugural Conference held in Sydney on 1 to 3 October 2013 at Dubbo was attended by 5 Councillors including the Mayor, as reported to Council at its meeting of 23 June 2014 (Min No. 217).

 The 2014 National Synthetic Surfaces Conference in Sydney on 3 to 4 June 2014 was attended by 4 Councillors as well as the Director Open Space and Environmental Services and Manager Parks and Reserves.

 The 2014 National General Assembly in Canberra was attended by 7 Councillors including the Mayor as well as the General Manager on 15 to 18 June 2014.

The Councillor Conference budget for 2013/14 was $10,000 and the actual spend was $14,945. The Mayor Conference budget for 2013/14 was $800 the actual spend was $3,1851.

4. Professional Development Program 2014/15 (Proposed)

The following professional development is proposed for 2014/15:

1 As at 25 June 2014. Final costs TBC - awaiting credit card statement for June 2014 and return of taxi stubs/receipts by Councillors.

Page 77 Report of Jenny Gleeson, Manager Corporate Planning and Governance Re: Councillor Professional Development Plan 2014/15 (4)

4.1 Training

 Council at its meeting of 19 May 2014 resolved that Code of Conduct and Code of Meeting Practice training be held annually. Staff are currently sourcing training options to occur before October 2014.

 Councillors who participated in the Financial Issues in Local Government training held 11 June 2014 (full program condensed into 3 hours) recommended that Councillors attend the full program (1 day).

 Staff are currently discussing with LGNSW and neighbouring councils to determine the feasibility of conducting the Executive Certificate for Elected Members course in- house.

 At the time of preparing this report the July - December 2014 LGNSW Councillor Professional Development Calendar, which outlines additional training opportunities, was not yet available. The Calendar will be distributed to all Councillors once available.

4.2 Conferences

 Council at its meeting of 23 June 2014 resolved that four Councillors would be attend the 2014 Local Government NSW Conference, to be held on 19 to 21 October 2014 in Coffs Harbour, in addition to the Mayor (voting delegate) and General Manager. Cr Baker will also attend in her capacity as a LGNSW Board Member.

 Council to consider other conferences as required.

Page 78 Item G05 Governance Committee 30/06/14

NORTH SYDNEY COUNCIL

Report of the General Manager Attachments: 1. Guidelines for the Appointment and Oversight of General Managers

SUBJECT: General Manager Performance Review Panel - Appointment

AUTHOR: Warwick Winn, General Manager

EXECUTIVE SUMMARY:

In accordance with the ‘Guidelines for the Appointment and Oversight of General Managers’ issued by the Office of Local Government (OLG) under Section 23 of the Local Government Act 1993:

 The performance of the general manager must be reviewed at least annually against the agreed performance criteria for the position.  The council is to establish a performance review panel and delegate the task of performance reviews of the general manager to this panel.  Performance review panels should comprise the Mayor, the Deputy Mayor, another Councillor nominated by Council and a Councillor nominated by the General Manager.  The role of the review panel includes: conducting performance reviews; reporting the findings and recommendations of those reviews to council; and development of the performance agreement.

The 2013/14Performance Review Panel consisted of the Mayor, Deputy Mayor, Councillors Beregi and Marchandeau. It is now time to appoint the Panel for 2014/15.

Local Government NSW’s Management Solutions have been engaged to provide facilitation of the performance management process.

The first meeting of the 2014/15 Review Panel must occur before 14 July 2014 to set the General Manager’s performance agreement. The General Manager’s contact of employment commenced on 15 April 2014. In accordance with Clause 7.1 of the contract, within three months after the commencement date the employee and the Council must sign a performance agreement setting out agreed performance criteria. The Facilitator is available anytime Tuesday 1 July, Monday 7 July, Tuesday 8 July and Wednesday 9 July to meet with the Review Panel. Appointed Panel members will need to confirm their availability at the close of the Governance Committee meeting.

FINANCIAL IMPLICATIONS:

Nil

RECOMMENDATION: 1. THAT the General Manager’s Performance review panel comprise the Mayor, the Deputy Mayor, another Councillor nominated by Council and a Councillor nominated by the General Manager.

Page 79 Report of Warwick Winn, General Manager Re: General Manager Performance Review Panel - Appointment (2)

2. THAT Council nominate one Councillor and the General Manager nominate one Councillor to the panel for 2014/15. 3. THAT Council delegate to the Panel the role of:  conducting performance reviews  reporting the findings and recommendations of those reviews to council  development of the performance agreement.

Page 80 Report of Warwick Winn, General Manager Re: General Manager Performance Review Panel - Appointment (3)

LINK TO DELIVERY PROGRAM

The relationship with the Delivery Program is as follows:

Direction: 5. Our Civic Leadership

Outcome: 5.6 Council is an employer of choice

BACKGROUND

Section 23A of the Local Government Act 1993 provides that the Director-General may prepare, adopt or vary guidelines relating to the exercise by a council of any of its functions. A council must take any relevant guidelines issued under Section 23A into consideration before exercising any of its functions.

The Division of Local Government has issued ‘Guidelines for the Appointment and Oversight of General Managers’ under Section 23 of the Act. The Guidelines have a section on the Performance Management of the General Manager.

Council last considered this matter at its meeting on 16 September 2013 and resolved (Min No. 600):

1. THAT the General Manager’s Performance review panel comprise the Mayor, the Deputy Mayor, two Councillors nominated by Council and one Councillor nominated by the General Manager. 2. THAT Council nominates Councillor Beregi and Councillor Marchandeau to the Panel for 2013/14. 3. THAT Council notes the General Manager’s nominee to the Panel for 2013/14 is Councillor Burke. 4. THAT Council delegate to the Panel the role of:  conducting performance reviews;  reporting the findings and recommendations of those reviews to Council;  development of the performance agreement. 5. THAT the Panel for 2014/15 be appointed in July 2014.

CONSULTATION REQUIREMENTS

Community engagement is not required.

SUSTAINABILITY STATEMENT

The sustainability implications are of a minor nature and did not warrant a detailed assessment.

DETAIL

Extracts from the Guidelines (Attachment 1) state:

“The council’s governing body is to establish a performance review panel and delegate the

Page 81 Report of Warwick Winn, General Manager Re: General Manager Performance Review Panel - Appointment (4)

task of performance reviews of the general manager to this panel. The extent of the delegation should be clear.

It is recommended that the whole process of performance management be delegated to the performance review panel, including discussions about performance, any actions that should be taken and the determination of the new performance agreement.

Performance review panels should comprise the mayor, the deputy mayor, another councillor nominated by council and a councillor nominated by the general manager. The council’s governing body may also consider including an independent observer on the panel. Panel members should be trained in the performance management of general managers.

The role of the review panel includes:

 conducting performance reviews  reporting the findings and recommendations of those reviews to council  development of the performance agreement.

The governing body of council and the general manager may agree on the involvement of an external facilitator to assist with the process of performance appraisal and the development of new performance plans.”

It is recommended that the Council establish the Performance Review Panel as indicated in the Guidelines and delegate the required functions to the panel.

Page 82

Division of Local Government Department of Premier and Cabinet

GUIDELINES FOR THE APPOINTMENT & OVERSIGHT OF GENERAL MANAGERS

July 2011

These are Director General’s Guidelines issued pursuant to section 23A of the Local Government Act 1993.

Guidelines under section 23A of the Local Government Act 1993 July 2011 1 Page 83

ACCESS TO SERVICES The Division of Local Government, Department of Premier and Cabinet is located at:

Levels 1 & 2 5 O’Keefe Avenue Locked Bag 3015 NOWRA NSW 2541 NOWRA NSW 2541

Phone 02 4428 4100 Fax 02 4428 4199 TTY 02 4428 4209

Level 9, 323 Castlereagh Street Locked Bag A5045 SYDNEY NSW 2000 SYDNEY SOUTH NSW 1235

Phone 02 9289 4000 Fax 02 9289 4099

Email [email protected] Website www.dlg.nsw.gov.au

OFFICE HOURS Monday to Friday 8.30am 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 our Executive Branch on 02 9289 4000.

DISCLAIMER While every effort has been made to ensure the accuracy of the information in this publication, the Division of Local Government, Department of Premier and Cabinet 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.

Produced by the Division of Local Government, Department of Premier and Cabinet

www.dlg.nsw.gov.au

Guidelines under section 23A of the Local Government Act 1993 July 2011 2 Page 84

TABLE OF CONTENTS

DEFINITIONS...... 4

PURPOSE...... 5

INTRODUCTION...... 5

A. STAFFING OF COUNCIL ...... 6 1. ORGANISATION STRUCTURE ...... 6 2. APPOINTMENT OF STAFF...... 6

B. RECRUITMENT AND SELECTION ...... 7 1. REQUIREMENTS OF THE LOCAL GOVERNMENT ACT 1993 ...... 7 2. THE PRE-INTERVIEW PHASE ...... 7 3. INTERVIEW PHASE...... 8 4. SELECTION PANEL REPORT ...... 8 5. FINALISING THE APPOINTMENT...... 9

C. ROLE OF THE GENERAL MANAGER...... 10 1. KEY DUTIES OF ALL GENERAL MANAGERS ...... 10 2. DUTIES DELEGATED TO GENERAL MANAGERS...... 11

D. DAY-TO-DAY OVERSIGHT AND LIAISON WITH THE GENERAL MANAGER ...... 13

E. PERFORMANCE MANAGEMENT...... 14 1. GENERAL MANAGER PERFORMANCE MANAGEMENT FRAMEWORK ...... 14 2. ESTABLISHING THE FRAMEWORK FOR PERFORMANCE MANAGEMENT ...... 14 3. ESTABLISHING THE PERFORMANCE AGREEMENT ...... 16 4. PERFORMANCE REVIEW PROCESS ...... 16 5. CONTRACT RENEWAL OR SEPARATION ...... 17 6. REWARD AND REMUNERATION ...... 17

F. SEPARATION OR RENEWAL ...... 18 1. TERMINATION OF A GENERAL MANAGER’S EMPLOYMENT...... 18 2. SUSPENSION OF GENERAL MANAGER ...... 18 3. DISPUTE RESOLUTION...... 19 4. RENEWING A GENERAL MANAGER’S CONTRACT ...... 19

APPENDIX 1 - PERFORMANCE MANAGEMENT TIMELINES...... 21

APPENDIX 2 - STAGES OF PERFORMANCE MANAGEMENT ...... 22

APPENDIX 3 – STANDARD CONTRACT OF EMPLOYMENT...... 23

Guidelines under section 23A of the Local Government Act 1993 July 2011 3 Page 85

DEFINITIONS Code of Meeting Practice means a code of meeting procedure complying with requirements set out in the Local Government Act 1993 and the Local Government (General) Regulation 2005 GIPA means the Government Information (Public Access) Act 2009 Integrated Planning and Reporting: Integrated Planning and Reporting Guidelines means the Guidelines issued by the Division of Local Government in 2009 Community Strategic Plan as prescribed under the Local Government Act 1993 Delivery Program as prescribed under the Local Government Act 1993 Operational Plan as prescribed under the Local Government Act 1993 Resourcing Strategy as prescribed under the Local Government Act 1993 LGSA means the Local Government and Shires Associations of NSW LGMA means Local Government Managers Australia (NSW) Model Code of Conduct means the Model Code of Conduct for Local Councils in NSW prescribed by the Local Government Act 1993 Ministerial Investment Order means any investment order approved by the Minister for Local Government under the Local Government Act 1993 Quarterly Budget Review Statements means the draft Guidelines issued by the Division of Local Government in October 2010 Senior Staff means senior staff as defined by the Local Government Act 1993 Standard Contract means the standard form of contract for the employment of the general manager approved by the Director General (or delegate) pursuant to section 338(4) of the Local Government Act 1993 Statutory and Other Offices Remuneration Tribunal means the Statutory and Other Offices Remuneration Tribunal (SOORT) as constituted under the Statutory and Other Offices Remuneration Act 1975 The Act means the Local Government Act 1993 The Regulation means the Local Government (General) Regulation 2005

Guidelines under section 23A of the Local Government Act 1993 July 2011 4 Page 86

PURPOSE The purpose of these Guidelines is to assist councillors to be aware of their obligations under the Local Government Act 1993 (the Act) and the Local Government (General) Regulation 2005 (the Regulation) when recruiting, appointing, reappointing and overseeing general managers. It provides a summary of the essential matters that must be addressed by councils when engaging in these processes. These Guidelines are issued under section 23A of the Local Government Act 1993 and must be taken into consideration by council’s governing body when exercising council functions related to the recruitment, oversight and performance management of general managers. These Guidelines should be read in conjunction with the following:  Provisions of the Act and the Regulation 2005  Local Government General Managers Performance Management Guidelines – LGSA & LGMA  Practice Note 5: Recruitment of General Managers and Senior Staff – DLG  The standard form of contract for the employment of the general manager Any references to sections are references to sections of the Act. Where there are any inconsistencies between these Guidelines and the documents above (with the exception of the Act and Regulation 2005), the Guidelines prevail.

INTRODUCTION The position of general manager is pivotal in a council. It is the interface between the governing body comprised of elected councillors, which sets the strategy and monitors the performance of the council, and the administrative body of the council, headed by the general manager, which implements the decisions of the governing body. The relationship between the general manager and the councillors is of utmost importance for good governance and a well functioning council. The Act requires all councils’ governing bodies to appoint a person to be general manager (section 334). The Guidelines provide a guide and checklist for councillors to refer to when considering:  the recruitment and appointment of general managers  re-appointment of general managers or ending contracts  conducting performance reviews of general managers, and  engaging in the day to day oversight of general managers. They are designed to promote a consistent approach across NSW councils to the recruitment, appointment, and oversight of general managers. There are appendices to the Guidelines which do not form part of the Guidelines.

Guidelines under section 23A of the Local Government Act 1993 July 2011 5 Page 87

These Guidelines were prepared with the assistance of the Local Government and Shires Associations of NSW (LGSA) and the Local Government Managers Association (NSW) (LGMA). A. STAFFING OF COUNCIL

1. Organisation structure A council should have sufficient and appropriately qualified staff for the efficient and effective delivery of its functions. The Act requires the governing body of council to determine an organisation structure, the senior staff positions within that structure and the resources to be allocated towards the employment of staff (s332). When considering the most appropriate organisation structure for council to adopt, the governing body of council needs to consider what human resources are necessary to successfully achieve the goals articulated in the council’s Community Strategic Plan, Delivery Program and Resourcing Strategy. For this reason, a Workforce Strategy is an essential component of a council’s Resourcing Strategy. A council’s organisation structure should align with its Workforce Strategy and be designed to support its Delivery Program and the achievement of its Community Strategic Plan. The governing body of council must approve and adopt their organisation structure by council resolution. Councils must review and re-determine the council’s organisation structure within 12 months of an ordinary election. Councils may review and re-determine the council’s organisation structure at any other time. Generally a council should consider reviewing its organisation structure in the event of a significant change to its Community Strategic Plan, Delivery Program or Resourcing Strategy. Councillors are entitled to access the council’s organisation structure when required and upon request to the general manager.

2. Appointment of Staff The only staff position that is appointed by the governing body of council is that of the general manager. The position of general manager is a senior staff position (s334). The general manager is responsible for the appointment of all other staff (including senior staff) in accordance with the organisation structure and resources approved by the council’s governing body (s335(2)). However, the general manager may only appoint or dismiss senior staff after consultation with the governing body of council (s337).

Guidelines under section 23A of the Local Government Act 1993 July 2011 6 Page 88

B. RECRUITMENT AND SELECTION

1. Requirements of the Local Government Act 1993 As with the appointment of all council staff, the council must ensure that the appointment of the general manager is made using merit selection principles (section 349). Recruitment using merit selection is a competitive process where the applicant who demonstrates that they have the best qualifications and experience relevant to the position is appointed. Equal Employment Opportunity principles also apply to the recruitment of general managers (sections 349 and 344). The recruitment process must be open and transparent, but the confidentiality of individual applicants must be maintained. A failure to maintain appropriate confidentiality may constitute a breach of the Act and/or Privacy legislation.

2. The pre-interview phase The council’s governing body is responsible for recruiting the general manager. The governing body of council should delegate the task of recruitment to a selection panel and approve the recruitment process. The panel will report back to the governing body of council on the process and recommend the most meritorious applicant for appointment by the council. The selection panel should consist of at least the mayor, the deputy mayor, another councillor and, ideally, a suitably qualified person independent of the council. The LGSA and the LGMA can be contacted for assistance to identify suitable independent recruitment committee members and recruitment consultants. The selection panel membership should remain the same throughout the entire recruitment process. Selection panels must have at least one male and one female member (other than in exceptional circumstances). The council’s governing body should delegate to one person (generally the mayor) the task of ensuring:  the selection panel is established  the general manager position description is current and evaluated in terms of salary to reflect the responsibilities of the position  the proposed salary range reflects the responsibilities and duties of the position  the position is advertised according to the requirements of the Act  information packages are prepared  applicants selected for interview are notified.

Guidelines under section 23A of the Local Government Act 1993 July 2011 7 Page 89

The mayor, or another person independent of council staff, should be the contact person for the position and should maintain confidentiality with respect to contact by potential applicants.

3. Interview Phase Interviews should be held as soon as possible after candidates are short listed. Questions should be designed to reflect the selection criteria of the position and elicit the suitability of the candidate for the position. Interviews should be kept confidential. All written references must be checked. A selection panel must delegate the task of contacting referees to one panel member. Other panel members should not contact referees. If contact with someone other than a nominated referee is required, the applicant’s permission is to be sought. At least 2 referees must be contacted and asked questions about the candidate relevant to the selection criteria. Where tertiary qualifications are relied on they should be produced for inspection and if necessary for verification. Appropriate background checks must be undertaken, for example bankruptcy checks. For more guidance on better practice recruitment background checks, councils are referred to the Australian Standard AS 4811-2006 Employment Screening and ICAC publications, which can be found on the ICAC website at http://www.icac.nsw.gov.au.

4. Selection Panel Report The selection panel is responsible for preparing a report to the council’s governing body that:  outlines the selection process  recommends the most meritorious applicant with reasons  recommends an eligibility list if appropriate  recommends that no appointment is made if the outcome of interviews is that there are no suitable applicants. This report should be confidential and reported to a closed meeting of council. The council’s governing body must by resolution approve the position of the general manager being offered to the successful candidate before that position is actually offered to that candidate.

Guidelines under section 23A of the Local Government Act 1993 July 2011 8 Page 90

5. Finalising the appointment The mayor makes the offer of employment after the governing body of council has resolved to appoint the successful candidate. The initial offer can be made by telephone. Conditions such as term of the contract (1-5 years) and remuneration package (within the range approved by the governing body of council) can be discussed by phone, but must be confirmed in writing. The Standard Contract for the Employment of General Managers as approved by the Chief Executive of the Division of Local Government must be used. The Standard Contract (Annexure 3 of these Guidelines) is available in the ‘Information for Councils’, ‘Directory of Policy Advice for Councils’ section of the Division’s website at http://www.dlg.nsw.gov.au. The terms of the Standard Contract must not be varied. Only the term and the schedules to the Standard Contract can be individualised. General managers must be employed for 1 – 5 years. The contract governs:  the duties and functions of general managers  performance agreements  the process for renewal of employment contracts  termination of employment and termination payments  salary increases  leave entitlements. It should be noted that the Chief Executive of the Division of Local Government cannot approve individual variations to the standard terms of the contract. Those candidates who are placed on the eligibility list and unsuccessful applicants should be advised of the outcome of the recruitment process before the successful applicant’s details are made public.

6. Record keeping Councils should keep and store all records created as part of the recruitment process including the advertisement, position description, selection criteria, questions asked at interview, interview panel notes, selection panel reports and notes of any discussions with the selected candidate. These records are required to be stored and disposed of in accordance with the State Records Act 1998.

Guidelines under section 23A of the Local Government Act 1993 July 2011 9 Page 91

C. ROLE OF THE GENERAL MANAGER Councillors comprise the governing body of a council and make decisions by passing resolutions. It is the general manager’s role to implement council decisions and carry out functions imposed by legislation. A council’s governing body monitors the implementation of its decisions via reports by the general manager to council meetings.

1. Key duties of all general managers The general manager is generally responsible for the effective and efficient operation of the council’s organisation and for ensuring the implementation of the council’s decisions without undue delay. The general manager carries out all their functions within the guidelines and policy framework approved by the council. The general manager also has a role to play in assisting the governing body of council develop its strategic direction. The general manager is responsible for guiding the preparation of the Community Strategic Plan and the council’s response to it via the Delivery Program. The general manager is responsible for implementing the Delivery Program and will report to the governing body of council on its progress and conduct regular updates and reviews. The general manager is responsible for recruiting and appointing staff within the organisation structure determined by the governing body of council. This must be in accordance with the budget approved by the council’s governing body and be for the purpose of carrying out the council’s statutory functions and implementing council’s Community Strategic Plan, Delivery Program and Operational Plan. The general manager must consult with the governing body of council before appointing or dismissing senior staff. The general manager must report to the council at least annually on the contractual conditions of senior staff (cl.217 of the Regulation). The general manager is responsible for performance management of staff, including staff discipline and dismissal. The general manager is also responsible for ensuring councillors are provided with information and the advice they require in order to make informed decisions and to carry out their civic duties. The governing body of council may direct the general manager to provide councillors with advice or a recommendation, but cannot direct as to the content of that advice or recommendation. Generally, requests by councillors for assistance or information should go through the general manager, except where he or she has authorised another council officer to undertake this role. The Guidelines for the Model Code of Conduct contemplate that a council should develop a policy to provide guidance on interactions between council officials. This policy should be agreed to by both the council’s governing body and the general manager. Councillors could reasonably expect general managers will report routinely on significant industrial issues and/or litigation affecting the council, particularly those that impact on the council’s budget or organisation structure.

Guidelines under section 23A of the Local Government Act 1993 July 2011 10 Page 92

The general manager should ensure that the council meeting business papers are sufficient to enable the council to make informed decisions, as well as to allow councillors to properly monitor and review the operations of the council. This will assist councils in ensuring that they are complying with any relevant statutory obligations, keeping within the budget approved by the council and achieving the strategic goals set by the council in its Delivery Program and Operational Plan. Councillors should receive a number of financial reports during the year, including the Quarterly Budget Review Statements included in the Code of Accounting Practice and Financial Reporting and which are referred to in the draft Quarterly Budget Review Statements Guidelines, reports required by the Regulation and any legislation. In addition, the council should receive at least quarterly a report about any significant litigation affecting the council. Councillors should also receive reports, at least half yearly, on progress towards implementation of the Community Strategic Plan and Delivery Program (see clause 203 of the Regulation or page 20 of the Integrated Planning and Reporting Guidelines). Clause 10 of the Model Code of Conduct sets out the obligations on general managers and council staff to provide councillors with information in order for councillors to carry out their civic functions. Councillors have a right to sufficient information to make informed decisions. Applications for information under the Government Information (Public Access) Act 2009 (GIPAA) are available to everyone including councillors.

2. Duties delegated to general managers A governing body of council may delegate certain functions to the general manager. A delegation of a council function must be made by a council resolution (Chapter 12 Part 3 ss 377-381 of the Act). A governing body of council cannot delegate the functions set out in section 377(1) of the Act. A council’s governing body may not delegate the adoption of a Code of Meeting Practice, a Code of Conduct, or the endorsement of Community Strategic Plans, Resourcing Strategies, Delivery Programs and Operational Plans. Each governing body of council must review its delegation of functions during the first 12 months of each term of office (s.380). To assist with this review, it is recommended that, within the first 6 months of the new term, the governing body of council reviews what functions have been delegated and to whom they have been delegated to determine if the delegation and the policies guiding those delegated decisions have been working effectively. It should be noted that the general manager may sub-delegate a function delegated to him/her by the governing body of council (s378). However, the general manager still retains responsibility to ensure that any sub-delegated function is carried out appropriately.

Guidelines under section 23A of the Local Government Act 1993 July 2011 11 Page 93

Where functions are delegated to the general manager to perform on behalf of a governing body of council, it is important for the governing body of council to ensure there are policies in place to guide the decision making. The governing body of council should keep policies guiding the delegated decisions under regular review. For example, where media liaison is delegated to the general manager, the governing body of council should adopt a media policy to guide statements to the media. It is important that council’s governing body ensure that proper records are kept of applications that are determined under delegation and that there is regular reporting on the implementation of delegated functions. This is essential so that council’s governing body can be provided with assurance that the delegated function is being undertaken in accordance with any relevant council policies and regulatory framework, eg, development application decisions. The council’s internal audit function is another important internal control to ensure that delegated functions are complying with relevant policy and legislation. A well designed internal audit program should give council independent assurance that council’s internal controls are working effectively. Where authority to make a decision is delegated this does not remove a council’s authority to make a decision. Matters that fall outside the terms of a council policy, delegation, or day to day management (section 335), should be referred to the governing body of council for a decision.

Guidelines under section 23A of the Local Government Act 1993 July 2011 12 Page 94

D. DAY-TO-DAY OVERSIGHT AND LIAISON WITH THE GENERAL MANAGER Council’s governing body is required to monitor and review the performance of the general manager as discussed in Section C, above. However, a council’s governing body should delegate to the mayor the role of day-to-day oversight of and liaison with the general manager. The mayor’s role in the day-to-day management of the general manager should include:  approving leave  approving expenses incurred  managing complaints about the general manager. The council’s governing body should ensure there are adequate and appropriate policies in place to guide the mayor in the day-to-day oversight of and liaison with the general manager and keep those policies under regular review. Some of the key policies the governing body of council should have in place relate to:  leave  travel  credit cards  purchasing and procurement  expenses and facilities  petty cash  financial and non-financial delegations of authority. The governing body of council should also ensure there are adequate policies in place with respect to expenditure of council funds, as well as adequate reporting requirements in relation to that expenditure. The council’s governing body should satisfy itself that any policy governing the conferral of a benefit on the general manager, such as use of a motor vehicle, allows the actual dollar value of that benefit to be quantified so it can be accurately reflected in the general manager’s salary package in Schedule C to the Standard Contract. Within 6 months of the date of these Guidelines, council’s governing body should check to ensure these key policies are in place. They should then be kept under regular review.

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E. PERFORMANCE MANAGEMENT

1. General manager performance management framework The general manager is made accountable to their council principally through their contract of employment. The role of the governing body is to oversee the general manager’s performance in accordance with the Standard Contract. The performance of the general manager must be reviewed at least annually against the agreed performance criteria for the position. Council may also choose to undertake more frequent interim reviews of the general manager’s performance. The agreed performance criteria are set out in an agreement that is signed within three months of the commencement of the contract. Development of the performance agreement is discussed below.

2. Establishing the framework for performance management The council’s governing body is to establish a performance review panel and delegate the task of performance reviews of the general manager to this panel. The extent of the delegation should be clear. It is recommended that the whole process of performance management be delegated to the performance review panel, including discussions about performance, any actions that should be taken and the determination of the new performance agreement. Performance review panels should comprise the mayor, the deputy mayor, another councillor nominated by council and a councillor nominated by the general manager. The council’s governing body may also consider including an independent observer on the panel. Panel members should be trained in the performance management of general managers. The role of the review panel includes:  conducting performance reviews  reporting the findings and recommendations of those reviews to council  development of the performance agreement. The governing body of council and the general manager may agree on the involvement of an external facilitator to assist with the process of performance appraisal and the development of new performance plans. This person should be selected by the governing body of council or the performance review panel. The LGSA and the LGMA can be contacted for assistance to identify suitable independent facilitators to assist in the performance management process. All councillors not on the panel can contribute to the process by providing feedback to the mayor on the general manager’s performance. All councillors should be notified of relevant dates in the performance review cycle and be kept advised of the panel’s findings and recommendations.

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The panel should report back to the governing body of council in a closed session the findings and recommendations of its performance review as soon as practicable following any performance review. This should not be an opportunity to debate the results or re-enact the performance review of the general manager. The general manager should not be present when the matter is considered. The performance management report of any council staff member, including the general manager, should not be released to the public and should be retained on the appropriate confidential council employment file. Release of such personal information to other than the Performance Review Panel, the general manager and the councillors in confidence may be a breach of privacy legislation.

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3. Establishing the performance agreement The performance agreement is the most important component of successful performance management. The performance agreement should include clearly defined and measurable performance indicators against which the general manager’s performance can be measured. As one of the general manager’s key responsibilities is to oversee the implementation of council’s strategic direction, it is important to align the general manager’s performance criteria to the goals contained in the council’s Community Strategic Plan, Resourcing Strategy, Delivery Program and Operational Plan. The performance agreement should also include the general manager’s personal contribution to the council’s key achievements and the general manager’s core capabilities, including leadership qualities. The performance agreement should contain but not be limited to key indicators that measure how well the general manager has met the council’s expectations with respect to:  service delivery targets from the council’s Delivery Program and Operational Plan;  budget compliance;  organisational capability;  timeliness and accuracy of information and advice to councillors;  timely implementation of council resolutions;  management of organisational risks;  leadership etc.

4. Performance Review Process The Standard Contract requires that the performance of the general manager must be formally reviewed at least annually. The governing body of council may also undertake interim performance reviews as appropriate. The assessment should include:  self assessment by the general manager  assessment by the review panel of the general manager’s performance against the performance agreement. The performance review meeting should be scheduled with sufficient notice to all parties and in accordance with clauses 7.6 and 7.7 of the Standard Contract. The meeting should concentrate on constructive dialogue about the general manager’s performance against all sections of the agreed performance plan. The meeting should identify any areas of concern and agree actions to address those concerns. In undertaking any performance review, care must be taken to ensure that the review is conducted fairly and in accordance with the principles of natural justice and that the laws and principles of anti-discrimination are complied with. The

Guidelines under section 23A of the Local Government Act 1993 July 2011 16 Page 98 appointment by a council, in agreement with the general manager, of an external facilitator (see above) to advise on the process should assist council in complying with these laws and principles. The council’s governing body must advise the general manager, in writing, in clear terms, the outcome of any performance review. The new performance agreement for the next period should be prepared as soon as possible after the completion of the previous period. The agreement should be presented to the governing body of council for discussion in a closed meeting together with the outcomes of the previous review period.

5. Contract Renewal or Separation It is important that any decision by the governing body of council to renew a contract for the general manager and the term of that contract be reported back to an open meeting of council, together with the total amount of any salary package agreed to. Termination of a contract on the basis of poor performance can only occur where there has been a formal review undertaken against the signed performance agreement where performance difficulties were identified and have not subsequently been remedied. For further discussion on separation or renewal of general managers’ contracts, see section F, below.

6. Reward and Remuneration An annual increase in the salary package, equivalent to the latest percentage increase in remuneration for senior executive office holders as determined by the Statutory and Other Offices Remuneration Tribunal, is available to the general manager under the Standard Contract on each anniversary of the contract. Discretionary increases to the general manager’s total remuneration package under the provisions of the Standard Contract may only occur after a formal review of the general manager’s performance has been undertaken by the governing body of council and the governing body of council resolves to grant such a discretionary increase because of better than satisfactory performance. Discretionary increases are intended to be an incentive for general managers to perform at their maximum throughout the life of the contract. Discretionary increases are also intended to encourage contracts of the maximum duration. Any discretionary increases should be modest and in line with community expectations. All discretionary increases in remuneration, together with the reasons for the increase, must be reported to an open meeting of council.

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F. SEPARATION OR RENEWAL

1. Termination of a general manager’s employment The Standard Contract for general managers sets out how a general manager’s contract can be terminated before its expiry date by either the governing body of council or the general manager (clause 10 of the Standard Contract). Termination can be by agreement of both parties. The general manager may terminate the contract by giving 4 weeks written notice to the governing body of council. A governing body of council may terminate the contract by giving 4 weeks written notice where the general manager has become incapacitated for 12 weeks or more, has exhausted their sick leave and the duration of the incapacity is either indefinite or for a period that would make it unreasonable for the contract to be continued. Termination of a contract on the basis of poor performance may only occur where there has been a formal review undertaken against the signed performance agreement, where performance difficulties have been identified and have not been remedied as agreed. In these instances, the council must give the general manager either 13 weeks written notice of termination or termination payment in lieu of notice calculated in accordance with Schedule C of the Standard Contract. A governing body of council may terminate the general manager’s contract at any time by giving the general manager 38 weeks written notice or pay the general manager a lump sum of 38 weeks remuneration in accordance with Schedule C of the Standard Contract. If there are less than 38 weeks left to run in the term of the general manager’s contract, a council can pay out the balance of the contract in lieu of notice. In the circumstances set out at 10.4 of the Standard Contract, a council may summarily dismiss a general manager. The remuneration arrangements under these circumstances are set out in clause 11.4 of the Standard Contract. Section 336 (2) of the Act sets out other circumstances where a general manager’s appointment is automatically terminated.

2. Suspension of General Manager The governing body of council may suspend the general manager. However, great caution should be exercised when considering such a course of action and it would be appropriate for a governing body of council to seek and be guided by expert advice from a person or organisation that is suitably qualified and experienced in such matters. The governing body may authorise the Mayor to obtain such expert advice. Suspension should be on full pay for a clearly defined period. Any decision to suspend a general manager should be taken by a governing body of council at a closed council meeting, having first carefully considered any independent expert advice obtained on the specific matter.

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It would not be appropriate to seek advice from council human resources staff on the issue of suspending the general manager. The principals of natural justice and procedural fairness apply to any decision to suspend a general manager, ie, the general manager must be advised of the circumstances leading to the suspension, the reasons for the suspension, the period of the suspension and be given a right to respond to the decision to suspend.

3. Dispute resolution The Standard Contract contains a dispute resolution clause at clause 17. These provisions are designed to encourage councils and general managers to attempt to negotiate agreement on disputes where they arise. The governing body of council should ideally resolve to delegate this function to the mayor or a panel of 3 councillors including the mayor. If the dispute involves the mayor then the deputy mayor should take the mayor’s place. If there is no deputy mayor then the governing body should resolve to appoint another councillor to take the mayor’s place. The governing body of council and general manager should agree on an independent mediator to mediate the dispute. The LGSA and LGMA can provide assistance to their members to identify a suitable mediator. The Standard Contract allows the Chief Executive of the Division of Local Government to appoint a mediator where the parties cannot agree on one.

4. Renewing a general manager’s contract Clause 5 of the Standard Contract describes how a general manager’s appointment may be renewed. The terms of the new contract, and in particular the schedules to the new contract, should be set out in the letter of offer. Before offering a new contract, the council should carefully review the terms of the schedules to the new contract. The governing body of council should ensure that the performance management terms of the new contract adequately reflect its expectations as to the general manager’s performance. The governing body of council should also have regard to the previous performance reviews conducted under previous contracts. The process of deciding whether or not to offer a general manager a new contract should be that:  a performance review is conducted  findings and recommendations are reported to a closed council meeting in the absence of the general manager  the closed meeting considers and decides whether or not to offer a new contract and on what terms as set out in the schedules to the contract  the general manager is then advised of the governing body of council’s decision in confidence by the mayor.

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Details of the decision to offer a new contract and a salary package should be reported to an open council meeting.

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Appendix 1 - Performance Management Timelines

Timeline Activity Responsibility At commencement of each Provide induction training on performance Council new council management of the general manager Within 3 months of the A performance agreement setting out Council or council commencement date of the agreed performance criteria must be panel contract signed between the general manager and General Manager the council The general manager must prepare and Within 2 months of the submit to council an action plan which General Manager signing of the performance sets out how the performance criteria are agreement to be met The general manager gives the council 21 days notice (before General Manager written notice that an annual performance annual review) review is due Council or council At least 10 days notice The council must give the general manager written notice that any panel

performance review is to be conducted The council may also decide, with the Council or council After 6 months agreement of the general manager, to provide interim feedback to the general panel

manager midway through the annual General Manager review period

Prior to the annual review Ensure all councillors on the Review Council Panel have been trained in performance management of general managers The general manager may submit to Prior to the annual council a self assessment of his/her General Manager performance review performance The general manager’s performance Council or council Annually must be reviewed having regard to the panel performance criteria in the agreement General Manager Council or council The performance agreement must be Annually panel reviewed and varied by agreement General Manager

Council will prepare and send to the Within 6 weeks of the general manager a written statement with Council or council conclusion of the council’s conclusions on the general panel performance review manager’s performance during the performance review period As soon as possible after The general manager and the council will Council or council receipt of the statement agree on any variation to the performance panel agreement for the next period of review General Manager

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Appendix 2 - Stages of performance management STAGE ACTION PROCESS 1. Developing . Examine the position . Good planning performance agreement description and contract . Direct and effective . List all position communication responsibilities from the . Open negotiation position description . Joint goal setting . Identify stakeholder expectations . List the key strategic objectives from the Service Delivery and Operational Plans . Develop performance measures (identify indicators - set standards) 2. Action planning . Develop specific . Detailed analysis strategies to meet . Two way strategic objectives communication . Identify resources . Detailed . Delegate tasks (eg, put documentation these delegated tasks into the performance agreements for other senior staff) 3. Monitoring progress . Assess performance . Communication (feedback half way . Give constructive . Avoid bias through the review feedback . Counselling period) . Adjust priorities and reset . Coaching performance measures if . Joint problem solving appropriate 4. Annual . Assess performance . Evaluation of the against measures reasons behind . Give constructive performance being as feedback assessed . Identify poor performance . Open, straightforward and necessary corrective communication (as action bias free as possible) . Identify outstanding . negotiation performance and show . Counselling, support, appreciation training . Documenting . Decision making 5. Developing revised See stage 1 See Stage 1 agreement

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Appendix 3 – Standard Contract of Employment

STANDARD CONTRACT OF EMPLOYMENT for

GENERAL MANAGERS OF LOCAL COUNCILS IN NEW SOUTH WALES

Acknowledgements

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TABLE OF CONTENTS

CLAUSE PAGE NO

1. Position 4

2. Term of employment 4

3. Definitions 5

4. Contract operation and application 6

5. Renewal of appointment 7

6. Duties and functions 7

7. Performance agreement and review 10

8. Remuneration 11

9. Leave 12

10. Termination 14

11. Termination payments 16

12. Expenses and credit cards 17

13. Intellectual property 17

14. Confidential information 18

15. Waiver 18

16. Inconsistency and severance 18

17. Dispute resolution 18

18. Service of notices 19

19. Variations 20

20. Other terms and conditions 20

21. Signed by the employee and Council 21

Schedule A 22 Schedule B 23

Schedule C 24

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Contract of Employment

This Contract of Employment is made on

Date

between

Name of Council

[Referred to in this contract as "Council"]

Address

and

Name of Employee

[Referred to in this contract as "the employee"]

Address

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1 Position

The position to which this contract applies is that of General Manager.

Note: A person who has held civic office in relation to Council must not be appointed to any paid position on the staff of Council within 6 months after ceasing to hold the office: section 354 of the Act.

2 Term

Subject to the terms and conditions in this contract, Council will employ the employee for a term of:

[Length of term]

Note: The term of this contract must not be less than 12 months or more than 5 years (including any option for renewal): section 338 of the Act.

commencing on [date]

and terminating on [date]

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3 Definitions

3.1 In this contract, unless otherwise stated or indicated: the Act means the Local Government Act 1993.

Code of conduct means the document within the meaning of section 440 of the Act adopted by Council and which incorporates the provisions of the model code.

Commencement date means the date that this contract commences as specified in clause 2.

Confidential information means any and all confidential information, data, reports, operations, dealings, records, materials, plans, statistics, finances or other agreements and things (other than that which is already in the public domain), whether written or oral and of whatever type or nature relating to property, assets, liabilities, finances, dealings or functions of Council or any undertaking from time to time carried out by Council.

Director-General means the Director-General of the New South Wales Department of Local Government.

Equal employment opportunity management plan means the document a council must prepare under Part 4 of Chapter 11 of the Act.

Minister means the New South Wales Minister for Local Government.

Model code means the Model Code of Conduct for Local Councils in NSW prescribed by the Regulation.

Month means a calendar month.

Performance agreement means the agreement referred to in clause 7.

Performance criteria means the criteria to which a performance review is to have regard.

Performance review means a review of the employee’s performance conducted in accordance with the procedures under clause 7. the position means the position referred to in clause 1. the Regulation means the Local Government (General) Regulation 2005.

Senior executive office holder (New South Wales Public Service) means the holder of a senior executive position within the meaning of the Public Sector Employment and Management Act 2002.

Statutory and Other Officers Remuneration Tribunal means the Statutory and Other Officers Tribunal constituted under the Statutory and Other Officers Remuneration Act 1975.

Termination date means the date that this contract terminates as specified in clause 2.

3.2 Expressions in this contract corresponding with expressions that are defined in the Act have those meanings.

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4 Contract operation and application

4.1 This contract constitutes a contract of employment for the purposes of section 338 of the Act, and governs the employment of the employee while in the position.

4.2 A reference in this contract to any Act or regulation, or any provision of any Act or regulation, includes a reference to subsequent amendments of that Act, regulation or provision.

4.3 A reference to a Schedule to this contract refers to a Schedule as may be varied in accordance with this contract, and applies whether or not the Schedule has been physically attached to this contract.

4.4 Where the mayor or any other person is lawfully authorised to act as Council or Council’s delegate for the purpose of this contract, this contract will be construed as if:

(a) any reference to Council includes a reference to that authorised person, and

(b) any reference to a requirement for Council’s approval includes a reference to a requirement for that authorised person’s written approval,

4.5 Any staff entitlement under a lawful policy of Council as adopted by Council from time to time and that is set out in Schedule A will apply to the employee unless this contract makes express provision to the contrary. Schedule A may be varied from time to time by agreement between the employee and Council, such agreement not to be unreasonably withheld.

Note: Only those policies that create entitlements are to be set out in Schedule A. Schedule A policies are distinct from those which create a duty or function as referred to in subclause 6.1.4 and which are not required to be set out in Schedule A.

4.6 Subject to clauses 7 and 13, the terms of this contract, as varied from time to time in accordance with this contract, represent the entire terms of all agreements between the employee and Council and replace all other representations, understandings or arrangements made between the employee and Council that relate to the employment of the employee in the position.

Note: The contract authorises the making of agreements that are linked to the contract. Clause 7 requires the parties to sign a performance agreement. Clause 13 allows either party to require the other to sign a confidentiality agreement for the purpose of protecting intellectual property.

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5. Renewal of appointment

5.1 At least 9 months before the termination date (or 6 months if the term of employment is for less than 3 years) the employee will apply to Council in writing if seeking re-appointment to the position.

5.2 At least 6 months before the termination date (or 3 months if the term of employment is for less than 3 years) Council will respond to the employee’s application referred to in subclause 5.1 by notifying the employee in writing of its decision to either offer the employee a new contract of employment (and on what terms) or decline the employee’s application for re-appointment.

5.3 At least 3 months before the termination date (or 1 month if the term of employment is for less than 3 years) the employee will notify Council in writing of the employee’s decision to either accept or decline any offer made by Council under subclause 5.2.

5.4 In the event the employee accepts an offer by Council to enter into a new contract of employment, a new contract of employment will be signed.

6. Duties and functions

6.1 The employee will:

6.1.1 to the best of their ability, meet the performance criteria set out in the performance agreement as varied from time to time,

6.1.2 carry out the duties and functions imposed by the Act and Regulation, or any other Act and associated regulations, which include but are not limited to:

(a) the efficient and effective operation of Council’s organisation,

(b) implementing, without undue delay, the decisions of Council,

(d) appointing staff in accordance with an organisation structure and resources approved by Council,

(e) directing and dismissing staff,

(f) implementing Council’s equal employment opportunity management plan,

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(g) consulting with Council prior to the appointment or dismissal of senior staff,

(h) reporting to Council, at least once annually, on the contractual conditions of senior staff,

(i) giving immediate notice to Council on becoming bankrupt or making a composition, arrangement or assignment for the benefit of the employee’s creditors and providing Council, within the time specified by Council with any further information concerning the cause of the bankruptcy or of the making of the composition, arrangement or assignment,

(j) subject to subclause 6.2.3, providing advice and recommendations to Council or the mayor if directed to do so,

(k) not engaging, for remuneration, in private employment or contract work outside the service of Council without the approval of Council,

(l) not approving, where appropriate, any member of Council staff from engaging, for remuneration, in private employment or contract work outside the service of Council that relates to the business of Council or that might conflict with the staff member’s Council duties,

(m) acting honestly and exercising a reasonable degree of care and diligence in carrying out the employee’s duties and functions,

(n) complying with the provisions of the code of conduct,

(o) preparing and submitting written returns of interest and disclosing pecuniary interests in accordance with the Act and the Regulation,

Note: Sections 335, 337, 339, 341, 352, 353, 439, 440 and 445 of the Act.

6.1.3 carry out the duties and functions set out in Schedule B as varied from time to time by agreement between the employee and Council, such agreement not to be unreasonably withheld,

Note: Schedule B may include additional duties and functions, for example, those related to special projects.

6.1.4 carry out the duties and functions set out in the policies of Council as adopted by Council from time to time during the term of this contract,

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6.1.5 observe and carry out all lawful directions given by Council, in relation to the performance of the employee’s duties and functions under this contract,

6.1.6 work such reasonable hours as are necessary to carry out the duties and functions of the position and the employee’s obligations under this contract,

6.1.7 obtain the approval of the Council for any absences from the business of Council,

6.1.8 promote ethical work practices and maintain a culture of integrity and professionalism where Council staff members treat each other, members of the public, customers and service providers with respect and fairness,

6.1.9 facilitate Council staff awareness of the procedures for making protected disclosures and of the protection provided by the Protected Disclosures Act 1994,

6.1.10 take all reasonable steps to ensure that actions and policies of Council accord with the strategic intent of Council,

6.1.11 take all reasonable steps to maximise compliance with relevant legislative requirements,

6.1.12 maintain effective corporate and human resource planning,

6.1.13 maintain the Council staff performance management system,

6.1.14 maintain satisfactory operation of Council’s internal controls, reporting systems (including protected disclosures), grievance procedures, the documentation of decision-making and sound financial management,

6.1.15 develop procedures to ensure the code of conduct is periodically reviewed so that it is in accordance with the Act and Regulation and adequately reflects specific organisational values and requirements,

6.1.16 promote and facilitate compliance with the code of conduct ensuring that each councillor and Council staff member is familiar with its provisions, and

6.1.17 report to Council on any overseas travel taken by the employee or any Council staff member where that travel is funded in whole or in part by Council. 6.2 Council:

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6.2.1 will provide adequate resources to enable the employee to carry out the duties and functions specified in subclause 6.1 and Schedule B,

6.2.2 will provide the employee with reasonable opportunities to participate in professional development initiatives relevant to the duties and functions under this contract subject to the operational needs of Council, and

6.2.3 will not direct the employee as to the content of any advice or recommendation made by the employee.

Note: section 352 of the Act.

7. Performance agreement and review

7.1 Within 3 months after the commencement date, the employee and Council will sign a performance agreement setting out agreed performance criteria.

7.2 In the event that the employee and Council are unable to agree on the performance criteria, Council will determine such performance criteria that are reasonable and consistent with the employee’s duties and functions under clause 6 and in Schedule B.

7.3 The performance agreement may be varied from time to time during the term of this contract by agreement between the employee and Council, such agreement not to be unreasonably withheld.

7.4 Within 2 months after signing or varying the performance agreement, the employee will prepare and submit to Council an action plan which sets out how the performance criteria are to be met.

7.5 Council will ensure that the employee’s performance is reviewed (and, where appropriate, the performance agreement varied) at least annually. Any such review is to have regard to the performance criteria.

Note: Council may review the employee’s performance every 6 months or more frequently if necessary.

7.6 The employee will give Council 21 days’ written notice that an annual performance review in accordance with subclause 7.5 is due.

7.7 Council will give the employee at least 10 days notice in writing that any performance review is to be conducted.

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7.8 The structure and process of the performance review is at the discretion of Council following consultation with the employee.

7.9 The employee may prepare and submit to Council an assessment of the employee’s own performance prior to a performance review.

7.10 Within 6 weeks from the conclusion of a performance review, Council will prepare and send to the employee a written statement that sets out:

(a) Council’s conclusions about the employee’s performance during the performance review period,

(b) any proposal by Council to vary the performance criteria as a consequence of a performance review, and

(c) any directions or recommendations made by Council to the employee in relation to the employee’s future performance of the duties of the position.

7.11 The employee and Council will, as soon as possible after the employee receives the written statement referred to in subclause 7.10, attempt to come to agreement on any proposal by Council to vary the performance criteria and on any recommendations by Council as to the future performance of the duties of the position by the employee.

7.11 Subject to the employee being available and willing to attend a performance review, Council undertakes that if a performance review is not held in accordance with this clause, this will not operate to the prejudice of the employee unless the employee is responsible for the failure to hold the performance review.

8. Remuneration

8.1 Council will provide the employee with the total remuneration package set out in Schedule C.

8.2 The total remuneration package includes salary, compulsory employer superannuation contributions and other benefits including any fringe benefits tax payable on such benefits.

Note: Compulsory employer superannuation contributions are those contributions required under the Superannuation Guarantee Charge Act 1992 of the Commonwealth and any contributions required to be paid for an employee under a superannuation arrangement entered into by Council for that employee. See Schedule C.

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8.3 Council may, on only one occasion during each year of this contract, approve an increase in the total remuneration package where the employee’s performance has been assessed in accordance with a performance review as being of a better than satisfactory standard.

8.4 Any increase in remuneration approved under subclause 8.3 will not be paid as a lump sum.

8.5 On each anniversary of the commencement date, the total remuneration package will be increased by a percentage amount that is equivalent to the latest percentage amount increase in remuneration for senior executive office holders as determined by the Statutory and Other Officers Remuneration Tribunal.

Note: When making determinations referred to in subclause 8.5, the Tribunal takes into account key national economic indicators and movements in public sector remuneration across Australia, market conditions, the Consumer Price Index and wages growth as measured by the Wage Cost Index. Tribunal determinations are published in the Government Gazette and are available at www.remtribunals.nsw.gov.au. The Premier’s Department issues periodic Memoranda summarising the Tribunals determinations. These Memoranda are available at www.premiers.nsw.gov.au.

8.6 The structure of the total remuneration package may be varied from time to time during the term of this contract by agreement between the employee and Council, such agreement not to be unreasonably withheld.

8.7 The total remuneration package, as varied from time to time, remunerates the employee for all work undertaken by the employee while in the position. No other remuneration, benefit, overtime or allowances other than those to which the employee may be entitled under this contract will be paid to the employee during the term of this contract.

9. Leave

9.1 General

9.1.1 Council will pay remuneration calculated in accordance with Schedule C to the employee proceeding on paid leave under this clause.

9.1.2 On the termination of this contract, and if the employee is not re- appointed to the position under clause 5 or appointed to any other position in Council’s organisation structure, the Council will pay:

(a) to the employee in the case of annual leave, or

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(b) to the employee or new employer council in the case of long service leave,

accrued but unused leave entitlements calculated at the monetary value of the total remuneration package as specified in Schedule C.

9.1.3 If the employee is re-appointed to the position under clause 5 or appointed to any other position in Council’s organisation structure within 3 months after the termination of this contract, the employee will be taken to have continuing service with Council for the purpose of determining the employee’s entitlement to annual leave, long service leave and sick leave.

9.1.4 Any leave accrued with Council standing to the credit of the employee immediately prior to entering into this contract will be taken to be leave for the purposes of this contract.

9.2 Annual leave

The employee is entitled to four weeks paid annual leave during each year of employment under this contract to be taken as agreed between the employee and Council.

9.3 Long service leave

9.3.1 The employee’s entitlement to long service leave is to be calculated by the same method that applies to a non-senior member of Council staff.

9.3.2 Long service leave is transferable between councils in New South Wales in the same manner that applies to a non-senior member of Council staff.

9.4 Sick leave

9.4.1 The employee is entitled to 15 days paid sick leave during each year of employment under this contract provided that:

(a) Council is satisfied that the sickness is such that it justifies time off, and

(b) satisfactory proof of illness to justify payment is provided to Council for absences in excess of two days.

9.4.2 Sick leave will accumulate from year to year of employment under this contract so that any balance of leave not taken in any one year may be taken in a subsequent year.

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9.4.3 Council may require the employee to attend a doctor nominated by Council at Council's cost.

9.4.4 Accrued but unused sick leave will not be paid out on the termination of this contract.

9.5 Parental leave

9.5.1 Parental leave includes supporting parent’s leave, maternity leave, paternity leave and adoption leave.

9.5.2 The employee is entitled to the same parental leave that a non-senior member of Council staff would be entitled.

9.6 Carer’s leave

The employee is entitled to the same carer’s leave that a non-senior member of Council staff would be entitled.

9.7 Concessional leave

The employee is entitled to the same concessional leave that a non-senior member of Council staff would be entitled.

9.8 Special leave

Council may grant special leave, with or without pay, to the employee for a period as determined by Council to cover any specific matter approved by Council.

10 Termination

10.1 General

On termination of this contract for any reason the employee will immediately return to Council all property of Council in the employee’s possession including intellectual property and confidential information and will not keep or make any copies of such property and information.

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10.2 Termination date

The employment of the employee under this contract terminates on the termination date.

10.3 Termination by either the employee or Council

This contract may be terminated before the termination date by way of any of the following:

10.3.1 written agreement between the employee and Council,

10.3.2 the employee giving 4 weeks’ written notice to Council,

10.3.3 Council giving 4 weeks’ written notice to the employee, or alternatively by termination payment under subclause 11.1, where:

(a) the employee has been incapacitated for a period of not less than 12 weeks and the employee’s entitlement to sick leave has been exhausted, and

(b) the duration of the employee’s incapacity remains indefinite or is likely to be for a period that would make it unreasonable for the contract to be continued,

10.3.4 Council giving 13 weeks’ written notice to the employee, or alternatively, by termination payment under subclause 11.2 where Council:

(a) has conducted a performance review, and

(b) concluded that the employee has not substantially met the performance criteria or the terms of the performance agreement,

10.3.5 Council giving 38 weeks’ written notice to the employee, or alternatively, by termination payment under subclause 11.3.

10.4 Summary dismissal

10.4.1 Council may terminate this contract at any time and without notice if the employee commits any act that would entitle an employer to summarily dismiss the employee. Such acts include but are not limited to:

(a) serious or persistent breach of any of the terms of this contract,

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(b) serious and willful disobedience of any reasonable and lawful instruction or direction given by Council,

(c) serious and willful misconduct, dishonesty, insubordination or neglect in the discharge of the employee’s duties and functions under this contract,

(d) failure to comply with any law or Council policy concerning sexual harassment or racial or religious vilification,

(e) commission of a crime, resulting in conviction and sentencing (whether or not by way of periodic detention), which affects the employee’s ability to perform the employee’s duties and functions satisfactorily, or in the opinion of Council brings Council into disrepute,

(f) absence from the business of Council without Council approval for a period of 3 or more consecutive business days.

10.4.2 This contract is terminated immediately without notice if the employee becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit.

11 Termination payments

11.1 On termination of this contract under subclause 10.3.3, where written notice has not been given, Council will pay the employee a monetary amount equivalent to 4 weeks’ remuneration calculated in accordance with Schedule C.

11.2 On termination of this contract under subclause 10.3.4, where written notice has not been given, Council will pay the employee a monetary amount equivalent to 13 weeks’ remuneration calculated in accordance with Schedule C.

11.3 On termination of this contract under subclause 10.3.5, where written notice has not been given, Council will pay the employee a monetary amount equivalent to 38 weeks’ remuneration calculated in accordance with Schedule C, or the remuneration which the employee would have received if the employee had been employed by Council to the termination date, whichever is the lesser.

11.4 On termination of this contract under subclause 10.3.1, 10.3.2, 10.4.1 or 10.4.2, Council will pay the employee remuneration up to and including the

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date of termination calculated in accordance with Schedule C and any other payment to which the employee is entitled under this contract.

12 Expenses and credit cards

In addition to any duties or entitlements that may be set out in any relevant policies of Council as adopted by Council from time to time, the employee will:

12.1 keep such records of expenses, travel and motor vehicle use as required by Council from time to time,

12.2 be reimbursed by Council for expenses properly incurred on Council business, subject to Council’s prior approval to this expense being incurred,

12.3 only use any credit card provided by Council for expenses incurred on Council business, and

12.4 return any credit card provided by Council on request from Council.

13 Intellectual property

13.1 Any literary work, computer program, invention, design, patent, copyright, trademark, improvement or idea developed by the employee in the course of employment under this contract is the sole property of Council and Council will unless otherwise agreed have the exclusive right to use, adapt, patent and otherwise register it.

13.2 The employee will immediately disclose to Council any literary work, computer program, invention, design, patent, copyright, trademark, improvement or idea developed by the employee after the commencement date to enable Council to ascertain whether it was discovered, developed or produced wholly outside and wholly unconnected with the course of employment under this contract.

13.3 To protect disclosures made in accordance with subclause 13.2, Council or the employee may require a confidentiality agreement to be signed prior to, during or immediately after discussion of the intellectual property being considered.

Note: IP Australia, the Commonwealth Government intellectual property agency, has developed a Confidentiality Agreement Generator for the purpose of preparing intellectual property confidentiality agreements. It is available at http://www.ipaustralia.gov.au/smartstart/cag.htm.

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13.4 The employee assigns to Council by way of future assignment all copyright, design, design right and other property rights (if any) in respect to any literary work, computer program, invention, design, patent, copyright, trademark, improvement or idea developed by the employee in the course of employment under this contract.

13.5 At the request and expense of Council the employee will complete all necessary deeds and documents and take all action necessary to vest in Council any literary work, computer program, invention, design, patent, copyright, trademark, improvement or idea developed by the employee in the course of employment under this contract and obtain for Council the full benefit of all patent, trademark, copyright and other forms of protection throughout the world.

14 Confidential Information

The employee will not divulge any confidential information about Council either during or after the term of their employment under this contract.

15 Waiver

The failure of either the employee or Council to enforce at any time any provision of this contract or any right under this contract or to exercise any election in this contract will in no way be considered to be a waiver of such provision, right or election and will not affect the validity of this contract.

16 Inconsistency and severance

16.1 Each provision of this contract will be read and construed independently of the other provisions so that if one or more are held to be invalid for any reason, then the remaining provisions will be held to be valid.

16.2 If a provision of this document is found to be void or unenforceable but would be valid if some part were deleted, the provision will apply with such modification as may be necessary to make it valid and effective.

17 Dispute resolution

17.1 In relation to any matter under this contract that may be in dispute, either the employee or Council may:

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(a) give written notice to each other of the particulars of any matter in dispute, and

(b) within 14 days of receiving a notice specified in subclause 17.1(a), a meeting will be convened between Council (along with any nominated representative of Council) and the employee (along with any nominated representative of the employee) in an attempt to resolve the dispute.

17.2 The employee and Council will attempt to resolve the dispute at the workplace level.

17.3 Upon failure to resolve the dispute at the workplace level, the employee and Council will:

(a) refer the dispute to an independent mediator as agreed by the employee and Council, or otherwise as appointed by the Director- General,

(b) agree to participate in any mediation process in good faith, with such mediation to operate in a manner as agreed by the employee and Council, and

(c) acknowledge the right of either the employee or Council to appoint, in writing, another person to act on their behalf in relation to any mediation process.

17.4 The cost of the mediation service will be met by Council.

17.5 The employee and Council will each be responsible for meeting the cost of any advisor or nominated representative used by them.

18 Service of notices and communications

18.1 Any communication, including notices, relating to this contract will be in writing and served on the employee or Council at their last known residential or business address in accordance with subclause 18.2.

18.2 Any written communication including notices relating to this contract is taken to be served:

(a) when delivered or served in person, immediately,

(b) where served by express post at an address within New South Wales in the Express Post Network, on the next business day after it is posted,

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(c) where served by post otherwise in the ordinary course of postage, as set down in Australia Post’s delivery standards, and

(d) where sent by facsimile, within standard business hours otherwise on the next business day after it is sent.

19 Variations

19.1 Where this contract provides that its terms may be varied, that variation will be by agreement in writing signed by the employee and Council.

Note: See clauses 4.5, 6.1.3, 7.3, 8.6 and 19.2.

19.2 Where the Director-General approves an amended or substitution standard form of contract for the employment of the general manager of a council, the provisions of this contract may be varied by agreement between the employee and Council to the extent that they are consistent with the provisions of that amended or substitution standard form of contract.

Note: See section 338 of the Act.

20 Other terms and conditions

20.1 The employee and Council acknowledge that they have sought or had the opportunity to seek their own legal and financial advice prior to entering this contract.

20.2 In accordance with section 731 of the Act, nothing in this contract gives rise to any action, liability, claim or demand against the Minister, the Director- General or any person acting under their direction.

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21 Signed by the employee and Council

COUNCIL:

The Seal of

[Council name] [Seal]

affixed by authority of a resolution of Council.

Signed by Council

Date

Name of signatory in full [printed]

Office held [printed]

Signed by Witness

Name of Witness in full [printed]

THE EMPLOYEE:

Signed by the employee

Date

Name of employee in full [printed]

Signed by Witness

Name of Witness in full [printed]

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Schedule A – Council policies

Note: This Schedule may be varied during the term of this contract in accordance with subclauses 4.5 and 19.1 of this contract.

This Schedule operates on and from

Date

For the purposes of subclause 4.5 of this contract, the following policies apply to the employee:

Signed by Council

Signed by the employee

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Schedule B - Duties and functions

Note: This Schedule may be varied during the term of this contract in accordance with subclauses 6.1.3 and 19.1 of this contract.

This Schedule operates on and from

Date

In addition to the duties and functions specified in clause 6 of this contract, the employee will carry out the following duties and functions:

Signed by Council

Signed by the employee

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Schedule C - Remuneration

Note: This Schedule may be varied during the term of this contract in accordance with subclauses 8.7 and 19.1 of this contract. This Schedule operates on and from

Date

The Annual Total Remuneration Package is as follows:

The Total Remuneration Package is comprised of:

ANNUAL REMUNERATION $ The employee agrees and acknowledges that deductions under subclause 8.2 of this contract are made principally for the benefit of the employee and that the Council relies on that statement in providing the non-cash benefits requested by the employee. In the case of an employee who is a member of a defined benefit division of the Local Government Superannuation Scheme (or equivalent) compulsory employer superannuation contributions are the long term or “notional” employer contribution, as advised by the Actuary for the Local Government Superannuation Scheme from time to time. The employee’s superable salary will be the amount of the total remuneration package less the amount of compulsory superannuation contributions. Signed by Council

Signed by the employee