December 2019
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Bland Shire Council Business Paper Ordinary Council Meeting 17 December 2019 i ETHICAL DECISION MAKING AND CONFLICTS OF INTEREST A guiding checklist for Councillors, Officers and Advisory Committees Ethical Decision Making Is the decision or conduct legal? Is it consistent with Government policy, Council’s objectives and Code of Conduct? What will the outcome be for you, your colleagues, the Council, anyone else? Does it raise a conflict of interest? Could your possible conflict of interest lead to private gain or loss at public expense? Can the decision be justified in terms of public interest? Would it withstand public scrutiny? Conflict of Interest A conflict of interest is a clash between private interest and public duty. There are two types of conflict: Pecuniary – regulated by the Local Government Act and Office of Local Government and, Non- pecuniary – regulated by Codes of Conduct and policy. ICAC, Ombudsman, Office of Local Government (advice only). The test for conflict of interest Is it likely I could be influenced by personal interest in carrying out my public duty? Would a fair and reasonable person believe I could be so influenced? Conflict of interest is closely tied to the layperson’s definition of “corruption” – using public office for private gain. Important to consider public perceptions of whether you have a conflict of interest Identifying Problems 1st - Do I have private interest affected by a matter I am officially involved in? 2nd - Is my official role one of influence or perceived influence over the matter? 3rd - Do my private interests conflict with my official role? Whilst seeking advice is generally useful, the ultimate decision rests with the person concerned. Agency Advice Officers of the following agencies are available during office hours to discuss the obligations placed on Councillors, Officers and Advisory Committee members by various pieces of legislation, regulation and Codes. Contact Phone Email Website Bland Shire 6972 2266 [email protected] www.blandshire.nsw.gov.au Council ICAC 8281 5999 [email protected] www.icac.nsw.gov.au Toll Free: 1800 463 909 Office of Local 4428 4100 [email protected] www.olg.nsw.gov.au Government NSW Ombudsman 9286 1000 [email protected] www.ombo.nsw.gov.au Toll Free: 1800 451 524 ii Common Acronyms Used in Bland Shire Council Reports and Documents ABS Australian Bureau of Statistics DPI Department of Primary Industries LEP Local Environmental Plan ACAT Aged Care Assessment Team DWMC Domestic Waste Management Charges LG Local Government AFZ Alcohol Free Zone DWMS Domestic Waste Management Services LGA Local Government Act or Local Government Area AGM Annual General Meeting EA Executive Assistant LGNSW Local Government New South Wales ALIA Australian Library and Information Association EAP Employee Assistance Program LIAC Legal Information Access Centre AMP Asset Management Plan ED Economic Development LTFP Long Term Financial Plan AMRC NSW Association of Mining Related Councils EEO Equal Employment Opportunity M Million BCA Building Code of Australia EFO Electoral Funding Authority Manex Management Executive BDCP Bland Development Control Plan EOI Expression of Interest MHDA Mental Health Drug & Alcohol BEC Business Enterprise Centre EPAA Environmental Planning & Assessment Act MLC Member of the Legislative Council BFMC Bush Fire Management Committee ERA Eastern Riverina Arts MML Murrumbidgee Medicare Local BFMP Bush Fire Management Plan EWSA Educator Workplace Safety Audit MOW Meals on Wheels BSC Bland Shire Council EWW Events West Wyalong MoU Memorandum of Understanding BWW Business West Wyalong EYLF Early Years Learning Framework MP Member of Parliament CASA Civil Aviation Safety Authority FAG Financial Assistance Grant MPHN Murrumbidgee Primary Health Network CBD Central Business District FDC Family Day Care MPR Multi Purpose Room CDAT Community Drug Action Team FFTF Fit for the Future MR Main Road CDO Community Development Officer FRRR Foundation for Rural and Regional Renewal MRU Mobile Resource Unit CENTROC Central West Regional Group of Councils FYI For your information NAIDOC National Aboriginal & Islander Observance Committee CEO Chief Executive Officer GHMS Grain Harvest Management Scheme NFAR No further action required CIV Capital Improved Value GIPA Government Information (Public Access) Act NGO Non-Government Organisation CLRS Councillors GM General Manager NQF National Quality Framework CPD Continuing Professional Development GTAN Government Training & Assistance Network NSRF National Stronger Regions Fund CPI Consumer Price Index GWCC Goldenfields Water County Council NSWEC New South Wales Electoral Commission CPP Cowal Partnering Program HACC Home and Community Care NSWPLA New South Wales Public Libraries Association Cr Councillor HR Human Resources NSWRFS NSW Rural Fire Service CRO Community Relations Officer ICAC Independent Commission Against Corruption OGM Office of the General Manager CSP Community Strategic Plan IPART Independent Pricing and Regulatory Tribunal OLG Office of Local Government CSU Childrens Services Unit IPR or IP&R Integrated Planning and Reporting OP Operational Plan CT Community Technology ITAV It Takes A Village Program P&G Parks & Gardens CWA Country Women’s Association JO Joint Organisation PA Per Annum DA Development Application K&G Kerb and gutter PC Personal Computer DAES Director Asset & Engineering Services KPI Key Performance Indicator PCBU Person Conducting a Business or Undertaking DCCDS Director Corporate, Community & Development Services LALC Local Aboriginal Lands Council PHaMs Personal Helpers and Mentors DCP Development Control Plan LBDC Little Bangs Discovery Club PLA Public Library Association DEMO District Emergency Management Officer LCGMCAC Lake Cowal Gold Mine Closure Advisory Committee POEO Protection of the Environment Operations Act & DEOCON District Emergency Controller LEMC Local Emergency Management Committee Regulations DisPlan Disaster Plan (Local DisPlan, District DisPlan, State LEMO Local Emergency Management Officer PSITAB NSW Public Sector Industry Advisory Board DisPlan) LEOC Local Emergency Operations Centre PSSA NSW Primary Schools Sports Association DP Delivery Program LEOCON Local Emergency Operations Controller QBRS Quarterly Budget Review Statement iii R2R Roads to Recovery SEPP State Environmental Planning Policy UV Unimproved Value Rd Road SES State Emergency Service VC Victoria Cross RDA Regional Development Australia SH State Highway VIC Visitor Information Centre RDO Rostered Day Off SLA Service-level agreement VPA Voluntary Planning Agreement Rec Recreation SLNSW State Library New South Wales WAPS Workforce Assessment Plan & Strategy REROC Riverina Eastern Regional Organisation of Councils SRC Summer Reading Club WHS Work Health & Safety RFBI Royal Freemasons’ Benevolent Institution SRV Special Rate Variation WWBC West Wyalong Bowling Club RFS Rural Fire Service St Street WWFHG West Wyalong Family History Group RMAP Risk Management Action Plan STW Sewerage Treatment Works WWRL West Wyalong Rugby League RMS Roads & Maritime Services TASAC Tourist Attraction Signposting Assessment Committee RRL Riverina Regional Library TCORP Treasury Corporation RTO Registered Training Organisation TSR Travelling stock route RV Recreational Vehicle TVET TAFE Delivered Vocational Education & Training SEDTA Senior Economic Development & Tourism Advisor USU United Services Union iv Council Meeting Agenda 17 December 2019 commencing at 6:30PM 1.0 OPENING MEETING AND ACKNOWLEDGEMENT OF COUNTRY Let us acknowledge the Wiradjuri people, their elders past and present, traditional custodians of the land we now share. Let us be inspired by the resilience, innovation and perseverance of past generations. Let us honour those who protect this great land, may you draw strength from your God or Faith so that we may, here today, on behalf of our community, - build a vibrant future together. (“Pause for Reflection”). 2.0 APOLOGIES AND APPLICATIONS FOR A LEAVE OF ABSENCE BY COUNCILLORS 2.1 Attendance Councillors Cr Bruce Baker Cr Penny English Cr Kerry Keatley Cr Tony Lord Cr Liz McGlynn Cr Brian Monaghan Cr Murray Thomas Staff General Manager – Ray Smith Director Asset, Engineering & Regulatory Services – Will Marsh Director Corporate & Community Services – Alison Balind Executive Assistant – Julie Sharpe 2.2 Apologies Cr Rodney Crowe Cr Jan Wyse 2.3 Applications for a leave of absence by Councillors 3.0 CONFIRMATION OF MINUTES 3.1 Ordinary Meeting held on 19 November 2019 . Corrections . Business Arising . Confirmation v 4.0 DISCLOSURES OF INTERESTS Councillor/ Item Nature of How Managed Officer Interest Non-Pecuniary Verbal Disclosure Pecuniary Written Disclosure Left meeting 5.0 PRESENTATION(S) AND PUBLIC FORUM 6.0 MAYORAL MINUTE(S) 6.1 Light Up Bland Shire Christmas Competition 7.0 REPORTS OF COMMITTEES 8.0 REPORTS TO COUNCIL Section 1 - Office of the General Manager Release of Information and Privacy Commission (IPC) Guidelines – Returns of 8.1 70 Interest ……………………………………………………………………………………... 8.2 West Wyalong Community Theatre – Progress Report – December 2019 ………… 75 8.3 Australia Day Awards Committee ……………………………………………………….. 77 8.4 Utilisation of Local Bill Boards for Promotion of the Bland Shire …………………….. 80 Section 2 – Corporate & Community Services 8.5 Financial Statements – November 2019 ……………………………………………….. 81 8.6 Renew Our Libraries Phase Two ……………………………………………………….. 86 8.7 Draft Legislative Compliance Policy …………………………………………………….. 100 8.8 Code Of Conduct