Bland Shire Council Business Paper Ordinary Council Meeting 19 May 2020 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 DisPlan Disaster Plan (Local DisPlan, District DisPlan, State LEMO Local Emergency Management Officer ACAT Aged Care Assessment Team DisPlan) LEOC Local Emergency Operations Centre AFZ Alcohol Free Zone DP Delivery Program LEOCON Local Emergency Operations Controller AGM Annual General Meeting DPI Department of Primary Industries LEP Local Environmental Plan ALIA Australian Library and Information Association DWMC Domestic Waste Management Charges LG Local Government AMP Asset Management Plan DWMS Domestic Waste Management Services LGA Local Government Act or Local Government Area AMRC NSW Association of Mining Related Councils EA Executive Assistant LGNSW Local Government New South Wales BCA Building Code of Australia EAP Employee Assistance Program LIAC Legal Information Access Centre BDCP Bland Development Control Plan ED Economic Development LTFP Long Term Financial Plan BEC Business Enterprise Centre EEO Equal Employment Opportunity M Million BFMC Bush Fire Management Committee EFO Electoral Funding Authority Manex Management Executive BFMP Bush Fire Management Plan EOI Expression of Interest MHDA Mental Health Drug & Alcohol BSC Bland Shire Council EPAA Environmental Planning & Assessment Act MLC Member of the Legislative Council BWW Business West Wyalong ERA Eastern Riverina Arts MML Murrumbidgee Medicare Local CASA Civil Aviation Safety Authority EWSA Educator Workplace Safety Audit MOW Meals on Wheels CBD Central Business District EWW Events West Wyalong MoU Memorandum of Understanding CDAT Community Drug Action Team EYLF Early Years Learning Framework MP Member of Parliament CDO Community Development Officer FAG Financial Assistance Grant MPHN Murrumbidgee Primary Health Network CENTROC Central West Regional Group of Councils FDC Family Day Care MPR Multi Purpose Room CEO Chief Executive Officer FFTF Fit for the Future MR Main Road CIV Capital Improved Value FRRR Foundation for Rural and Regional Renewal MRU Mobile Resource Unit CLRS Councillors FYI For your information NAIDOC National Aboriginal & Islander Observance Committee CPD Continuing Professional Development GHMS Grain Harvest Management Scheme NFAR No further action required CPI Consumer Price Index GIPA Government Information (Public Access) Act NGO Non-Government Organisation CPP Cowal Partnering Program GM General Manager NQF National Quality Framework Cr Councillor GTAN Government Training & Assistance Network NSRF National Stronger Regions Fund CRO Community Relations Officer GWCC Goldenfields Water County Council NSWEC New South Wales Electoral Commission CSP Community Strategic Plan HACC Home and Community Care NSWPLA New South Wales Public Libraries Association CSU Childrens Services Unit HR Human Resources NSWRFS NSW Rural Fire Service CT Community Technology ICAC Independent Commission Against Corruption OGM Office of the General Manager CWA Country Women’s Association IPART Independent Pricing and Regulatory Tribunal OLG Office of Local Government DA Development Application IPR or IP&R Integrated Planning and Reporting OP Operational Plan DAES Director Asset & Engineering Services ITAV It Takes A Village Program P&G Parks & Gardens DCCDS Director Corporate, Community & Development Services JO Joint Organisation PA Per Annum DCCS Director Corporate & Community Services K&G Kerb and gutter PC Personal Computer DCP Development Control Plan KPI Key Performance Indicator PCBU Person Conducting a Business or Undertaking DTS Director Technical Services LALC Local Aboriginal Lands Council PHaMs Personal Helpers and Mentors DEMO District Emergency Management Officer LBDC Little Bangs Discovery Club PLA Public Library Association DEOCON District Emergency Controller LCGMCAC Lake Cowal Gold Mine Closure Advisory Committee POEO Protection of the Environment Operations Act & LEMC Local Emergency Management Committee Regulations iii PSITAB NSW Public Sector Industry Advisory Board RTO Registered Training Organisation TSR Travelling stock route PSSA NSW Primary Schools Sports Association RV Recreational Vehicle TVET TAFE Delivered Vocational Education & Training QBRS Quarterly Budget Review Statement SEDTA Senior Economic Development & Tourism Advisor USU United Services Union 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 iv Council Meeting Agenda 19 May 2020 commencing at 6:30PM Council advises that an audio recording of the proceedings of this meeting will be taken and made publicly available on the website. It should be noted however that the recording quality will be affected due to the COVID-19 social distancing requirements. 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 Rodney Crowe Cr Penny English Cr Kerry Keatley Cr Tony Lord Cr Liz McGlynn Cr Brian Monaghan Cr Murray Thomas Cr Jan Wyse Staff General Manager – Ray Smith Director Technical Services – Will Marsh Director Corporate & Community Services - Alison Balind Executive Assistant – Julie Sharpe 2.2 Apologies 2.3 Applications for a leave of absence by Councillors 3.0 CONFIRMATION OF MINUTES 3.1 Ordinary Meeting held on 21 April 2020 . 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 Annual Performance Review of the General Manager The annual performance review of the General Manager, Mr. Ray Smith, was undertaken on 12 May 2020, in accordance with Section 7 of his employment contract, and was conducted by members of the Review Committee being, the Mayor and Councillors Baker, English and Lord. The review is based on assessment of three sections as detailed below with a four- point rating scale of A – Exceeds Expectations,