Minutes of Special Council - 14 February 2017

On behalf of the City of Whittlesea the Mayor recognised the rich Aboriginal heritage of this country and acknowledged the Wurundjeri Willam Clan as the Traditional Owners of this place.

1.3 Present

Members:

Ricky Kirkham Mayor (North Ward)

John Butler Councillor (North Ward)

Emilia Lisa Sterjova Councillor (North Ward)

Sam Alessi Councillor (South East Ward)

Lawrie Cox Councillor (South West Ward)

Stevan Kozmevski Councillor (South West Ward)

Officers:

Mr Michael Wootten Chief Executive Officer

Mr Steve O'Brien Director Planning and Major Projects

Mr Russell Hopkins Director Community Services

Mr Nick Mann Director City Transport & Presentation

Ms Helen Sui Director Corporate Services

Ms Liana Thompson Director Partnerships & Engagement

Mr Michael Tonta Manager Governance

2. Apologies

Apology

An apology was received on behalf of Cr Desiato, Cr Kelly, Cr Lalios, Cr Monteleone and Cr Pavlidis who requested that leave be granted for this meeting.

Council Resolution

Moved: Cr Kozmevski

Seconded: Cr Butler

THAT the apologies from Cr Desiato, Cr Kelly, Cr Lalios, Cr Monteleone and Cr Pavlidis be received and leave be granted.

Carried

3. Declarations of Interest

NIL or

Special Council Minutes Tuesday 14 February 2017

4. Officers’ Reports

4.1 Corporate Services

4.1.1 Councillor Code of Conduct

File No: .

Attachments: 1 Councillor Code of Conduct 2017 ⇨

Responsible Officer: Director Corporate Services

Author: Team Leader Governance

Report

EXECUTIVE Summary

It is a legislated requirement that Council amend and adopt the Councillor Code of Conduct (‘the Code’) by 22 February 2017 at a Special Council meeting held specifically to consider the amended Code.

The Code specifies the agreed standard of Councillor behaviour required for the ethical and professional performance of Councillors duties under Section 76C of the Local Government Act 1989. (Refer to Attachment 1).

Background

The Code was review last year to reflect amendments contained in the Local Government Amendment (Improved Governance) Act 2015 and was adopted by Council at the Special Council meeting on 14 June 2016.

Proposal

The Code has been reviewed based on feedback received from Councillors and the only substantive changes relate to clause 16 where the words ‘appropriately qualified’ have been added in the 3^rd last paragraph on page 13, which refers to the appointment of a mediator, and additional wording has been added to the last dot point on page 15 under ‘Role of the Arbiter’ to clarify the role of the arbiter and principal conduct officer when conducting investigations.

In addition, a number of minor drafting amendments were also made to ensure consistency in the wording.

Consultation

Councillors have been consulted have provided feedback on the amended Code.

Critical Dates

Council must review and adopt the Code by 22 February 2017, being within four months after a general election.

The revised Code must be adopted at a Special Council Meeting called solely for the purpose of reviewing and adopting the Code.

Financial Implications

Any costs associated with reviewing the Code have been met within existing budgets.

Policy strategy and legislation

Councillors are required to make a declaration that they will abide by the amended Code in the presence of the Chief Executive Officer within one month of the Code being adopted.

A Councillor who does not make the declaration risks disqualification from acting as a Councillor.

Links to the CoUNCIL Plan

FUTURE DIRECTION Good Governance

Theme Continuous improvements

Strategic Objective Council adopts best practice models of operation

The Code will promote good governance of the Council by specifying agreed standards of Councillor behaviour required for the ethical and professional performance of Councillors duties.

Declarations of Conflicts of Interest

Under section 80C of the Local Government Act 1989 officers providing advice to Council must disclose any interests, including the type of interest.

The Responsible Officer reviewing this report, having made enquiries with relevant members of staff, reports that no disclosable interests have been raised in relation to this report.

Conclusion

The Code promotes good governance by setting out the standards of conduct expected of Councillors. It also endeavours to foster good working relations between Councillors to enable them to work constructively together in the best interests of the local community.

RECOMMENDATION

THAT Council note that the Councillor Code of Conduct has been reviewed and resolve to adopt the amended Code as contained in Attachment 1.

Council Resolution

Moved: Cr Butler

Seconded: Cr Kozmevski

THAT Council resolve to adopt the Recommendation.

Carried

THERE BEING NO FURTHER BUSINESS THE MAYOR DECLARED THE MEETING CLOSED AT 6.20PM.

CONFIRMED THIS 28^th DAY OF FEBRUARY 2017.

________________________

CR RICKY KIRKHAM

MAYOR