Logo_Primary_BlackWhite%20(JPG)

Late Items

 

OF Ordinary
COUNCIL MEETING

HELD ON

Tuesday 3 April 2018

AT 6.30pm

 

 


Ordinary Council Agenda - Late Items                                                Tuesday 3 April 2018

 

 

LATE ITEMS

 

The Chief Executive Officer submits the following Late Items:

6.            Officers' Reports.. 7

6.5         Partnerships & Engagement.. 7

6.5.3       Review of Procedural Matters Local Law 2018. 7

6.5.4       Review of Financial Delegations to the Chief Executive Officer.. 79

6.5.5       Options and Effectiveness of Live Streaming of Ordinary Council Meetings.. 91

6.6         Executive Services.. 113

6.6.1       Chief Executive Officers Matters Advisory Committee - Terms of Reference.. 113

7             Notices of Motion.. 125

7.1           NOTICE OF MOTION 855 RESCISSION OF COUNCIL RESOLUTION ITEM 4 CONFIRMATION OF MINUTES OF PREVIOUS COUNCIL MEETING.. 125

 


Ordinary Council Agenda - Late Items                                                 Tuesday 3 April 2018

 

 

Note:

At Council’s discretion, the meeting may be closed in accordance with Section 89 of the Local Government Act 1989. The provision which is likely to be relied upon to enable closure is set out in each item. These reports are not available for public distribution.

 

 

Question Time:

During the meeting, Council will answer questions from residents and ratepayers subject to the provisions set out in the Procedural Matters Local Law.  Questions should be submitted in writing before the start of the meeting unless this unreasonably prevents or hinders you from participating. A Question Time form can be downloaded from Council’s website and copies of the form are available in the Council Chamber prior to the start of the meeting.

 

Council is committed to ensuring that all residents and ratepayers of the municipality may contribute to Council’s democratic process and therefore, if you have special requirements, please telephone the Governance Team prior to any Council Meeting on 9217 2294.

 

 

Large Attachments:

Where large attachments form part of a Report, due to the size of the attachments – a copy has not been provided in the Agenda document

Copies of these attachments are available for inspection by the public at the following locations:

a)      Council offices at 25 Ferres Boulevard, South Morang; and

b)      Whittlesea City Council’s internet site – www.whittlesea.vic.gov.au

 

 


Ordinary Council Agenda - Late Items                                                 Tuesday 3 April 2018

 

6.         Officers' Reports

6.5       Partnerships & Engagement

6.5.3    Review of Procedural Matters Local Law 2018

File No:                                  .

Attachments:                        1        Procedural Matters Local Law No. 1 of 2018

2        Proposed Changes to Procedural Matters Local Law No. 1 of 2012   

Responsible Officer:           Director Partnerships & Engagement  

Author:                                  Manager Governance   

 

RECOMMENDATION SUMMARY

To seek a resolution to adopt the Procedural Matters Local Law (No. 1 of 2018) for the purpose of public consultation and to appoint an Advisory Committee of Council to consider any public submissions received on the proposed Local Law.

KEY FACTS AND / OR ISSUES

·    The Procedural Matters Local Law (No. 1 of 2012) has existed in its current form for the past 6 years.

·    The Procedural Matters Local Law has been reviewed and a number of changes and additions are proposed to improve the useability and flow of the document.

·    A key addition to the document is the proposal inclusion of ‘procedural motions’ into the Procedural Matters Local Law.

·    The Procedural Matters Local Law provides a change to the timelines for submission of public questions and the submission of Notices of Motion and Notices of Rescission and a new process for dealing with a Notice of Rescission.


 

Report

proposal

To endorse a new Procedural Matters Local Law (No. 1 of 2018) for the purpose of public consultation and to appoint an Advisory Committee of Council to consider any public submission received on the proposed Local Law.

Council’s Procedural Matters Local Law has been reviewed to ensure it reflects current legislation and meets operational requirements.  The review also addressed a number of operational matters and improves the general layout and readability of the Local Law. 

The proposed Procedural Matters Local Law (No. 1 of 2018) is shown in Attachment 1 with a marked up version of the 2012 Local Law in Attachment 2.

Council is asked to adopt the document shown in Attachment 1 for the purpose of consultation.

Background

Section 91(1) of the Local Government Act 1989 (‘the Act’) requires councils to make local laws governing the conduct of meetings of the Council and any special committees. The current Procedural Matters Local Law came into effect on 1 June 2012 and sunsets on 31 May 2022.

The Procedural Matters Local Law regulates use of Council’s common seal; the election of the Mayor; and also governs the conduct of meetings of the Council and any Special Committees.

proposed new procedural Matters local law (no. 1 of 2018)

The summary of the proposed Procedural Matters Local Law are listed below:

1.         Removes any clauses that contain provisions already set out in the Local Government Act (as amended).

2.         Add definitions for ‘Formal Motion’, ‘Joint Letter’ and ‘Send Electronically’.

3.         Clarify that the Chief Executive Officer may determine the order in which the business of a meeting is to be listed on the Agenda.

4.         Include a clause to preclude presentation of petitions that are not well-founded.

5.         Add a requirement regarding timing of lodgement of a Notice of Motion to rescind or vary a motion, and obligations on the Chief Executive Officer to do those things necessary to ensure the Notice is dealt with quickly.

6.         Include further detail around conduct of a motion of dissent against the ruling of a Chairperson.

7.         Include provisions in a table on the rules surrounding procedural motions.

8.         Clarify that the election of a Deputy Mayor, if required, will so far as is practicable follow the processes in place for election of the Mayor.

9.         Clarify the manner in which questions from councillors are to be managed after a motion is moved and seconded.

10.       Include further detail around a motion where no opposition to a motion or amendment is indicated so that the motion will be put to the vote without discussion or debate.

11.       Provides for the Chief Executive Officer to have power to reject an invalid Notice of Motion.

12.       Include a further provision for the Chief Executive Officer to provide an explanation to the meeting if an item listed is withdrawn.

13.       Changing the time for submissions of questions from the public to Councillors.

Procedural Motions

The table set out in Schedule 2 of the revised Procedural Matters Local Law lists the types of motions that are considered to be procedural motions and both the circumstances where they can be raised and the affect if they are passed.

Procedural motions are motions that concern the running of the meeting not the substantive outcome.  As a rule, all debate stops pending determination of a procedural motion.

Questions to Councillors

The time to submit Questions to Councillors has been moved to 3pm to coincide with the Council resolution in 2017 bringing the Questions to Councillors item to the start of the meeting. 

This change allows time for Officers to provide a considered response to the question. 

Notices of Rescission

A Notice of Rescission must be submitted to the Chief Executive Officer, in writing, no later than 12 noon on the third business day following the original decision and that the matter be dealt with at a Special Council Meeting. A new process for how a Notice of Rescission is to be dealt with is also set out.

Notices of Motion

A Notice of Motion must be submitted no later than 14 days prior to the Council Meeting for which it is intended to be considered.  This would provide for the Notice of Motion to be included in the Ordinary Agenda document.

Online Petition

Online petitions will not be accepted by Council.  A definition of ‘online petition’ has been included.

Sent Electronically

Any document being sent to Councillors or Members, can now be sent electronically.  The definition of sent electronically will rely on s 13A of the Electronic Transactions (Victoria) Act 2000 which deems an email to be received at the time that it becomes capable of retrieval by the recipient. 

Duplication with Local Government Act

Where the Procedural Matters Local Law contained provisions that are also set out in the Local Government Act, they have been removed.  This avoids unnecessary duplication of the provisions of the Local Government Act and the Local Law.  This is consistent with the Ombudsman’s report where replication could be confusing or misleading.

Definitions

The Procedural Matters Local Law contains a number of terms which are in ordinary, everyday usage and are therefore not defined in the Local Law (e.g. disorderly).  It is generally accepted that where a term is not defined, one must first have regard to the natural and ordinary meaning of the words in question.

All other proposed changes to the Procedural Matters Local Law are marked and set out in Attachment 2.

PARTICiPATION and ENGAGEMENT

Making a local law requires a process set out in the Local Government Act to be followed.

In essence it involves the statutory consultation process under s223 of the Local Government Act, a Council resolution and also gazettal in the Victorian Government Gazette for the Law to come into operation.

The Procedural Matters Local Law is primarily concerned with how the Council conducts its meetings.  Whilst there is some public involvement with that process, for example in Questions to Councillors, for the most part the consultation should be focussed internally to ensure that the Law meets the needs of Council in the conduct of its meetings.

consultation

Prior to making a Local Law, Council must comply with the statutory requirement of the Local Government Act.  This includes the giving of public notice in the Whittlesea Leader newspaper and Victorian Government Gazette.  This process provides opportunity for community comment.  Any person affected by the proposed Local Law may make a written submission to Council and can request to be heard in support of their submission.

Submissions should be in writing or in any other form agreed by the Chief Executive Officer on a case by case basis.  An Advisory Committee of Council will be appointed to hear and consider submissions and make recommendations to Council on the proposed Local Law.

Critical Dates

The proposed timetable for the adoption of the Procedural Matters Local Law No. 1 of 2018 is detailed below:

 

Date

Action

3 April

Council to resolve to give notice of intention to make the Local Law, to invite submissions and to appoint an Advisory Committee to consider submissions.

10 April

Public notice placed in the Victoria Government Gazette and Whittlesea Leader newspaper inviting public submissions.

10 April – 8 May

A public submission period of 28 days is allowed from 10 April to 8 May.

16 May

A Committee of Council meets to hear and consider submissions and make its recommendations to Council.

5 June

Council considers the recommendations of the Submissions Committee and resolves on the making of the Local Law.

6 June

Final draft of the Local Law referred to solicitors for legal vetting if further amendments made by Council.

20 June

Public notice published in the Victoria Government Gazette and the Whittlesea Leader newspaper declaring that Council has made a new Local Law.

30 June 2018

Procedural Matters Local Law (No. 1 of 2018) commences operation and a copy is sent to the Minister for Local Government.

Financial Implications

The costs associated with making a Local Law can be accommodated within the Governance Department budget.

Policy strategy and legislation

Council is required to have a Local Law governing the conduct of its meeting as set out under section 91(1) of the Local government Act.

 

Links to the CoUNCIL Plan

Council Priority                    Organisational Sustainability

Future Direction                   Good governance

Theme                                   Continuous improvement

Strategic Objective              Our Council monitors and evaluates all of its operations

 

It is considered that the revised Local Law will facilitate the good governance of Council as well as provide for a more transparent and an easier process to administer the Local Law.

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 the relevant members of staff, reports that no disclosable interests have been raised in relation to this report.

Conclusion

It is recommended that the proposed Procedural Matters Local Law No. 1 of 2018 be adopted for the purposes of public consultation.

 

RECOMMENDATION

THAT Council resolve to:

1.       Endorse the proposed Procedural Matters Local Law No. 1 of 2018 as shown on attachment 1 to this report.

2.       Give public notice of the proposed Local Law and inviting public submission in accordance with sections 119(2) and 223 of the Local Government Act 1989.

3.       Appoint an Advisory Committee of Council comprising of Cr __________________, Cr _______________ and Cr _______________ to hear and consider any submissions received on Wednesday 16 May 2018 and to make recommendations to Council.

4.       Receive a report from the Advisory Committee on its proceedings including a summary of hearings following the close of the submission period.

 

 


Ordinary Council Agenda - Late Items                                                              Tuesday 3 April 2018

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Ordinary Council Agenda - Late Items                                                                                     Tuesday 3 April 2018

 


 


Ordinary Council Agenda - Late Items                                                              Tuesday 3 April 2018

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Ordinary Council Agenda - Late Items                                                                                     Tuesday 3 April 2018

 


 


Ordinary Council Agenda - Late Items                                                 Tuesday 3 April 2018

 

6.5.4    Review of Financial Delegations to the Chief Executive Officer

File No:                                  .

Attachments:                        1        Instrument of Delegation to CEO   

Responsible Officer:           Director Partnerships & Engagement 

Author:                                  Manager Governance   

 

RECOMMENDATION SUMMARY

This report reviews Council financial delegations to the Chief Executive Officer (‘the CEO’) in accordance with section 98(1) of the Local Government Act 1989 (‘the Act’).

1.   The report recommends that the financial delegation for the CEO be increased to $500,000 for goods and services and $500,000 for works and the Instrument of Delegation be amended accordingly.

2.   This report outlines the rationale behind the proposed increase in financial delegation.

KEY FACTS AND / OR ISSUES

Increases in the financial delegations of the CEO will:

·    Reflect the increased monetary value and complexity of the business carried out by the organisation;

·    Improve operational efficiencies; and

·    Bring the City of Whittlesea in line with CEO delegations in comparable municipalities in Victoria.

 


 

Report

Introduction

To streamline decision making and to improve organisation efficiency, it is proposed that financial delegations to the Chief Executive Officer be revised to be $500,000 for both goods and services and works, subject to any expenditures approved by the Chief Executive Officer under delegated power being within approved Council budgets.

Background

As a legal entity, Council can exercise its powers by resolution of the whole Council at a Council meeting or through members of Council staff acting on its behalf. Delegating specific functions to staff members enables Council decisions to be made more efficiently and effectively, and contributes to improved functionality at Council meetings by reducing the number of procedural and administrative matters that must be considered. Delegations to the CEO are approved by Council, and the CEO then sets all the financial delegations for staff.

Limitation for Awarding Contracts

The current CEO Delegation has a limitation on the awarding, varying or extending a contract for the purchase of goods and services up to an amount of $150,000 (GST inclusive) and for works up to an amount of $200,000 (GST inclusive).  Contracts with a total value greater than these thresholds cannot be entered into without a Council resolution. 

The current Instrument makes provision for a higher limit (between $150,000 and $250,000 for goods and services and between $200,000 and $300,000 for works) in cases where a decision needs to be made urgently and could not safely or conveniently be deferred until the next meeting of Council for consideration.  This exclusion, however, does not extend to the calling or recalling of tenders or anything relating to the tendering process other than one to accept a particular tender. 

Benchmarking

The current financial limitations for the City of Whittlesea CEO match the legislated minimum values at which contracts must be publicly advertised.  Benchmarking reveals the Whittlesea thresholds to be the lowest in the range of CEO delegations existing within local government in Victoria.  These limits have remained unchanged since 2010.

Below is a table which demonstrates the relationship between annual Council budget and the CEO financial delegations for six LGAs in this region, as at February 2017. Councils such as Hume and Moreland are directly comparable to Whittlesea.

Council

Annual Budget

Financial Delegation

Comments

Banyule

$134M

$500,000

For both goods and services and works

Hume

$253M

$500,000

For both goods and services and works

Moreland

$183M

$700,000

For both goods and services and works

Mitchell

$62M

$300,000

For both goods and services and works

Nillumbik

$108M

$150,000 $200,000

$150,000 in relation to goods and services and $200,000 for works - note: excludes the payment of insurance premiums and contracts

Wyndham

$354M

$1,000,000

For both goods and services and works

Whittlesea

$235M

$150,000

$200,000

$150,000 goods and services and $200,000 for works

Based on the analysis of comparable LGAs in this region, along with other operational matters set out in this paper, it is proposed that the CEO financial delegations be revised to be $500,000 for both goods and services and for works.

Operational issues with the current delegation limits

Increased complexity of the business

The current delegation limits have been unchanged since 2010.  The proposed increase in the CEO financial delegation to $500,000 for both goods and services and for works aligns with significant increases in Council’s operational budget over the past 17 years which have expanded to address development, population increases, services needs and the overall complexity of business transacted on a monthly and yearly basis. The annual budget of the Council has increased by a total of 209% in that time.   

The table below contains details of Council’s annual budgets (operating and capital) for every five years over a 15 year period commencing in 2000 to 2015, and for 2017.  The table also shows the annual percentage increase for every 5 year period, and for the period 2015-2017.

 

Year

Operating

Budget

 

Capital

Budget

Total

Budget

Percentage increase from previous period

CEO delegation

2017

$192M

$43M

$235M

11.9%

$150,000 goods and services

$200,000 works

2015

$171M

$39M

$210M

21.4%

$150,000 goods and services

$200,000 works

2010

$129M

$44M

$173M

61.7%

$150,000 goods and services

$200,000 works

2005

$85M

$22M

$107M

40.7%

$100,000 goods and services and works

2000

$63M

$13M

$76M

N/A

$100,000 goods and services and works

 

Increased operational efficiency

Increasing the financial delegations of the CEO will further increase efficiencies of overall Council operations. Reduction in the number of contract reports for consideration by Council will improve the time taken to award or vary a certain percentage of the contracts.  This can save weeks and longer in some instances, depending on the time of year and the meeting schedule of the Council. 

Data from procurement records indicate that an increase in the CEO delegations to $500,000 would reduce the number of contracts that need to be considered by Council by 53% (number of contracts awarded since 1 July 2013 with a value above the CEO's Delegation but under $500K =72; number of contracts awarded since 1 July 2013 with a value above the CEO's Delegation = 135).

In addition, the higher number of confidential contract reports has an impact on the ratio of open to closed reports, as publically reported through the Local Government Performance Reporting Framework (LGPRF) and the “My Council” State Government website.  A change to the CEO delegation will improve this ratio, reduce the length of Council meetings, and provide an opportunity for Council to spend more time on a broad range of strategic issues and less time on operational matters for lower level procurements.

The organisation has a range of policies and procedures in place to ensure appropriate management of funds and contracts, including those under the proposed revised threshold of $500,000.

Previous report

A previous report to Council on 10 October 2017, the statutory post-election review of Council delegations, considered the matter and resolved at that time to make no change to the financial thresholds. 

Proposal

This report focusses on the financial delegation of the CEO and proposes that increases in the limitations for the purchase of goods and services and for works to $500,000 will improve organisational efficiencies.  The proposed limitations are comparable to others across the local government sector in Victoria.

PARTICiPATION and ENGAGEMENT

This is a matter for consideration by Council and has not been subject to external consultation.

Critical Dates

Council has already considered a review of the components of the Instrument of Delegations as required within 12 months of General Council Elections, namely by 22 October 2017.  The reconsideration of the financial delegations is being made with the aim of improving operational efficiencies and has no deadline for a decision.

Financial Implications

The cost of reviewing the Instrument is included within relevant budgets.

Policy strategy and legislation

Effective functioning of Council would not be possible if all decisions of Council were made at council meetings.  Delegating specific functions to staff members enables Council decisions to be made more speedily and ensures that Council meetings are not tied down by procedural and administrative matters.

It is proposed that for contracts entered into with a value between $300,000 and $500,000 that details regarding the nature of those contracts be incorporated in the monthly Contracts managed under delegated authority memo to Councillors.

 

Links to the CoUNCIL Plan

Council Priority                    Organisational Sustainability

Future Direction                   Good governance

Theme                                   Continuous improvement

Strategic Objective              Our Council monitors and evaluates all of its operations

 

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 the relevant members of staff, reports that no disclosable interests have been raised in relation to this report.

Conclusion

It is recommended that financial delegations to the CEO be revised to be $500,000 for both goods and services and for works.  This will reflect the significant increases in Council’s annual budget over the past 15 years and streamline the decision making process in relation to contractual matters.

 

RECOMMENDATION

In the exercise of the powers conferred by section 98(1) of the Local Government Act 1989 (the Act) and the other legislation referred to in the attached Instrument of Delegation, Council resolve that:

1.   There be delegated to the person holding the position, acting in or performing the duties of Chief Executive Officer the powers, duties and functions set out in the attached Instrument of Delegation to the Chief Executive Officer, subject to the conditions and limitations specified in that Instrument;

2.   The Instrument comes into force immediately the common seal of Council is affixed to the instrument;

3.   On the coming into force of the Instrument all previous delegations to the Chief Executive Officer are revoked;

4.   The duties and functions set out in the Instrument must be performed, and the powers set out in the Instruments must be executed, in accordance with any guidelines or policies of Council that it may from time to time adopt; and

5.   It is noted that the Instrument includes a power of delegation to members of Council staff, in accordance with section 98(3) of the Act.

6.   For contracts entered into with a value between $300,000 and $500,000 the details regarding the nature of those contracts be incorporated in the monthly Contracts managed under delegated authority memo to Councillors.

 

 

 

 


Ordinary Council Agenda - Late Items                                                              Tuesday 3 April 2018

 


 


 


 


 


Ordinary Council Agenda - Late Items                                                 Tuesday 3 April 2018

 

6.5.5    Options and Effectiveness of Live Streaming of Ordinary Council Meetings

File No:                                  .

Attachments:                        1        Options and Effectiveness of Live Streaming of Ordinary Council Meetings   

Responsible Officer:           Chief Executive Officer

Author:                                  Director Partnerships & Engagement     

 

RECOMMENDATION SUMMARY

THAT Council resolve to Support live streaming of Ordinary Council meetings and:

1.       Authorise the CEO to commence discussions with Channel 31 to provide live streaming services for a period of 12months (trial period);

2.       Commence live streaming of Ordinary Council meetings from July 2018; 

3.       Allocate an amount of $25,000 in the 2018/19 budget;

4.       Ensure Council’s risks are mitigated through appropriate policies, procedures, insurances and/or training; and 

5.       Review the trial at the 9 month point and report to the findings to Council.

KEY FACTS AND / OR ISSUES

·    At the Ordinary Council meeting of 27 June 2017, Council requested a report be presented covering the options, effectiveness and mitigation of risks of live streaming.

·    At the Ordinary Council meeting on 31 October 2017, a report was presented to Council outlining three options for Live Streaming (Attachment 1).  Council resolved to defer this item to a subsequent Council Meeting pending discussion at a Councillor Forum Meeting.

·    Channel 31 presented a demonstration of Live Streaming to Councillors at Council Forum Meeting held on 13 February 2018.

·    All risks can be mitigated through appropriate policies, procedures, insurances and/or training.


 

Report

Introduction

Several Councils have investigated options into live streaming.  Melton City Council undertook a desktop review of all 79 Victorian Councils, and determined that 13 Councils are currently live streaming and 14 Councils are uploading audio only “on demand”, ie. at a later time. Melton City Council has kindly shared their report to assist in the development of this report.

Council requested that options, their effectiveness, any risks and their mitigation be included in this report.

Background

The detail of the research undertaken into various options for Live Streaming was outlined in a report presented to Council on 31 October 2017 (refer Attachment 1).  Channel 31 was identified as the most cost effective option, committing to 33 broadcast hours, which would satisfy Council’s current requirements.  Subsequently, Council Officers met several times with production staff from Channel 31 to further ascertain the effectiveness of their services.  Council Officers arranged for Channel 31 to briefly film a small portion of a Forum Meeting to provide footage to Councillors as an example of how live streaming could work at the City of Whittlesea.  This was presented at a Council Forum Meeting held on 13 February 2018.

Proposal

At the Ordinary Council meeting held on 31 October 2017, Council considered a report and recommendation covering the options, effectiveness and mitigation of risks of live streaming of Ordinary Council Meetings.  Council recommended that a demonstration of live streaming be presented at a Councillor Forum Meeting.  Channel 31 presented a demonstration to Councillors on 13 February 2018.

The webcast can be hosted and published from multiple sources, for example, Facebook Live, YouTube or direct from Council’s website. There is no cost variance whether one or all of these options are used.

The webcast has the option of being accessed ‘on demand’ or not.  If Council allows an after the fact, ‘on demand’ service, then footage will be stored on a sanctioned video hosting service (for example, Vimeo), and be made available through Council’s website.

It is proposed that Council consider live streaming of Ordinary Council meetings using an outsourced option as the risks can be mitigated and the costs are not prohibitive.  “Live streaming of Ordinary Council meetings provides public accessibility to Council meetings, particularly for people who find it difficult to physically attend.  It allows the public to watch council decision making live, rather than hearing or reading about decisions after they have been made.” (Investigation into the transparency of local government decision making. Victorian Ombudsman, December 2016).

PARTICiPATION and ENGAGEMENT

Research has been conducted with a number of Local Governments and live streaming providers.  There has been no specific community consultation undertaken.

Critical Dates

Nil.

Financial Implications

Currently there is no allocation in the 2017/18 budget for live streaming services.  It is estimated that an amount of $25,000 be allocated in the 2018/19 budget.

Policy strategy and legislation

There is no specific policy or legislation covering live streaming of Ordinary Council meetings. 

Copyright of the recording will belong to Council.

Recording and publishing of a Council meeting will not breach the Surveillance Devices Act 1999.

Any other privacy related issues can be dealt with through the development of policies and procedures to inform and protect individuals attending Ordinary Council Meetings.

 

Links to the CoUNCIL Plan

Council Priority                    Organisational Sustainability

Future Direction                   Inclusive and engaged community

Theme                                   Community voice

Strategic Objective              Our voice is reflected through inclusive Council decision making processes 

 

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 the relevant members of staff, reports that no disclosable interests have been raised in relation to this report.

Conclusion

Live streaming of Ordinary Council meetings “…is another way for Council’s to increase the publics’ accessibility to Council meetings, particularly for people who find it difficult to physically attend.  It allows the public to watch Council decision making live, rather than hearing or reading about decisions after they have been made.” (Investigation into the transparency of local government decision making. Victorian Ombudsman, December 2016).

A 12 month trial period (reviewed at 9 months) utilising the broadcast services of Channel 31 provides Council with an affordable option to live stream Ordinary Council meetings.

 

 

 

RECOMMENDATION

THAT Council resolve to Support live streaming of Ordinary Council meetings and:

1.   Authorise the CEO to commence discussions with Channel 31 to provide live streaming services for a period of 12months (trial period);

2.   Commence live streaming of Ordinary Council meetings from July 2018; 

3.   Allocate an amount of $25,000 in the 2018/19 budget;

4.   Ensure Council’s risks are mitigated through appropriate policies, procedures, insurances and training.

5.   Review the trial at the 9 month point and report the findings to Council.

 


Ordinary Council Agenda - Late Items                                                              Tuesday 3 April 2018

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 

 


Ordinary Council Agenda - Late Items                                                 Tuesday 3 April 2018

 

6.6       Executive Services

6.6.1    Chief Executive Officers Matters Advisory Committee - Terms of Reference

File No:                                  .

Attachments:                        1        Chief Executive Officer Employment Matters Advisory Committee - Terms of Reference   

Responsible Officer:           Chief Executive Officers Matters Advisory Committee

Author:                                  Chief Executive Officers Matters Advisory Committee    

 

RECOMMENDATION SUMMARY

THAT Council:

1.   Adopt the changes to the Terms of Reference of the CEO Employment Matters Advisory Committee (CEMAC) shown in red in the attachment to this report; and

2.   Publish the CEMAC Terms of Reference on Council’s website.

KEY FACTS AND / OR ISSUES

·    The CEMAC Terms of Reference were adopted by Council on 9 August 2016 and revised on 18 December 2017, when the membership composition was changed.

·    The changes that are proposed are mostly administrative in nature and do not affect the core role and functions of CEMAC.

 


 

Report

Background

Council adopted a Terms of Reference for its CEO Employment Matters Advisory Committee (CEMAC) in August 2016. 

On 16 February 2018 the members of CEMAC reviewed the Terms of Reference and proposed a number of changes, shown in red in the attachment.

Proposal

The attachment to this report provides a copy of the CEMAC Terms of Reference with proposed changes marked in red.

Where words are proposed to be deleted they are shown with strikethrough text and proposed additional words are shown.

The changes do not affect the core role and function of CEMAC, but do improve sections relating to the role of the Independent Person and the process used to select that person and other minor changes.

PARTICiPATION and ENGAGEMENT

CEMAC reviewed the Terms of Reference at their meeting held on 16 February 2018.

Councillors reviewed the draft Terms of Reference at the Governance Forum held on 20 March 2018.

Critical Dates

The Terms of Reference require review every two years.  This is the first formal review of the Terms of Reference since they were adopted in 2016.

Financial Implications

Costs associated with the conduct of the CEMAC are included within the Governance Department budget.

Policy strategy and legislation

Having a Terms of Reference for the CEMAC is considered good practice and is consistent with the provisions of the Local Government Act as they relate to the role of Council in managing the employment of the CEO and the role and function of advisory committees.

 

Links to the CoUNCIL Plan

Council Priority                    Organisational Sustainability

Future Direction                   Good governance

Theme                                   Continuous improvement

Strategic Objective              Our Council monitors and evaluates all of its operations

 

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 the relevant members of staff, reports that no disclosable interests have been raised in relation to this report.

Conclusion

CEMAC have conducted a review of their Terms of Reference and recommend a series of changes, set out in in the attachment, for the consideration of Council.

 

RECOMMENDATION

THAT Council:

1.   Adopt the changes to the Terms of Reference of the CEO Employment Matters Advisory Committee (CEMAC) shown in red in the attachment to this report; and

2.   Publish the CEMAC Terms of Reference on Council’s website.

 

 


Ordinary Council Agenda - Late Items                                                              Tuesday 3 April 2018

 


 


 


 


 


 


 


 

 


Ordinary Council Agenda - Late Items                                                 Tuesday 3 April 2018

 

7          Notices of Motion

7.1       NOTICE OF MOTION 855 RESCISSION OF COUNCIL RESOLUTION ITEM 4 CONFIRMATION OF MINUTES OF PREVIOUS COUNCIL MEETING

File No:                                   .   

Author:                                  Cr Mary Lalios

 

Cr Mary Lalios of South East Ward has given notice that it is her intention to move the following Motion at the Ordinary Meeting of Council to be held on Tuesday 3 April 2018 at 6:30pm:

 

MOtion

THAT Council resolve to rescind the resolution made at the Council meeting held on 6 March 2018 in relation to item 4 Confirmation of minutes of previous meeting, which reads:

“THAT Council resolve to adopt the minutes of the open portion of the Council Meeting 6 February 2018.”