Agenda - City of Kingston€¦ · 21/9/2015 · Agenda 21 September 2015 Trim: IC15/1138 6 The Act requires Council to have a Local Law governing the conduct of meetings and further

Agenda Special Meeting of Council

Monday, 21st September 2015 Commencing at 6.30pm Council Chamber 1230 Nepean Highway, Cheltenham kingston.vic.gov.au John Nevins Chief Executive Officer Kingston City Council

City of Kingston Special Meeting of Council

Agenda 21 September 2015

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Notice is given that a Special Meeting of Kingston City Council will be held at 6.30pm at Council Chamber, 1230 Nepean Highway, Cheltenham, on Monday, 21 September 2015. 1. Apologies 2. Foreshadowed Declaration by Councillors, Officers or Contractors of any

Conflict of Interest Note that any Conflicts of Interest need to be formally declared at the start of the meeting and immediately prior to the item being considered – type and nature of interest is required to be disclosed – if disclosed in writing to the CEO prior to the meeting only the type of interest needs to be disclosed prior to the item being considered.

3. Corporate Services Reports

3.1 Meeting Procedures Local Law ............................................................. 5 4. Confidential Items

Nil

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Special Meeting of Council

21 September 2015

Agenda Item No: 3.1

MEETING PROCEDURES LOCAL LAW Contact Officer: Stephanie O'Gorman, Governance Officer

Purpose of Report

The purpose of this report is to enable Council to adopt the Meeting Procedures Local Law by completing the legislative requirements for making this Local Law.

Disclosure of Officer / Contractor Direct or Indirect Interest

No Council officer/s and/or Contractor/s who have provided advice in relation to this report have declared a Conflict of Interest regarding the matter under consideration.

OFFICER RECOMMENDATION

That, having completed the procedure referred to in section 119(2) of the Local Government Act, Council:

1. Make the Meeting Procedures Local Law as attached in Appendix 1 (the Local Law) with a commencement date of 26 September 2015;

2. Authorise the affixing of the common seal to the Local Law; and

3. Authorise the Chief Executive Officer to :

a. Give public notice of the making of the Local Law; and

b. Send a copy of the Local Law to the Minister for Local Government.

1. Executive Summary

Council’s current Meeting Procedures Local Law (the Local Law) expires in September 2015 and thus has undergone extensive review by Council Officers. Officers have taken this opportunity to address a range of both minor and major issues resulting in a newly drafted Local Law for adoption. Officers have endeavoured to create a revised Local Law which is clear and concise whilst simultaneously comprehensive on the particulars of meeting procedure. Following the July Ordinary Meeting of Council, Officers commenced the statutory process for the making of the proposed Local Law, in accordance with Part 5 of the Local Government Act 1989 (the Act), by giving public notice of its intention to make the proposed Local Law and inviting submissions under section 223 of the Act.

2. Background

The Local Law is an important instrument which regulates the decision making processes of Council and ensures that decision making forums, such as Ordinary Meetings of Council, Special Meetings of Council and Special Committee Meetings run smoothly and efficiently.



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The Act requires Council to have a Local Law governing the conduct of meetings and further specifies that a Local Law, as amended from time to time, is revoked ten years from the day it came into operation. In accordance with the Act, the Local Law has been reviewed and a new Local Law has been presented for Council’s adoption prior to the revocation of Council’s existing Local Law on 26 September 2015.

3. Discussion

3.1 Council Plan Alignment Goal 6 - A Well Managed and Effective Organisation Outcome 6.1 - A well-governed, efficient and responsive organisation The proposed Local Law will ensure that Council’s decision making processes are well-governed and efficient.

3.2 Consultation/Internal Review

Officers have reviewed the existing Local Law and identified major and minor issues contained therein. Officers have also considered the corresponding Local Laws of 20 different Victorian Councils including municipal shires and metropolitan Councils, which have contributed to the proposed Local Law, as presented to Council. Legal oversight has been sought from Maddocks Lawyers and the final version of the Local Law for Council’s adoption reflects the legal advice received. Following Council’s resolution at the July Ordinary Meeting of Council, a formal consultation process was undertaken in accordance with section 223 of the Act. No submissions were received during this consultation period.

3.3 Operation and Strategic Issues

3.3.1 Submissions Process In accordance with section 119 of the Act, submissions relating to the proposed Local Law were invited. However, no submissions were received and therefore no amendments have been made to the Local Law based on submissions received.

3.3.2 Content Change The proposed Local Law varies in content from the existing Local Law and these major and minor amendments have been previously presented to Council and also identified in detail in the Community Impact Statement (Appendix 2). It was suggested by Councillors that a clause permitting points of clarification be included in the Local Law. Council’s existing Local Law does not provide specifically for the asking of questions by Councillors during debate, however, the general convention is that questions are permitted by the Chairperson. Officers have undertaken benchmarking against the Meeting Procedures Local Laws of twenty Victorian Councils and identified twelve Councils that provide specifically for questions asked by Councillors. Based on this benchmarking, Officers have inserted clause 29(7) which permits Councillors to ask questions. Further, clause 29(13) has been amended to specify that a Councillor is not deemed to be speaking on the motion or amendment when asking a question. These inclusions were made after the submissions period had elapsed.



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4. Conclusion

4.1 Environmental Implications Not applicable.

4.2 Social Implications The social implications of the Local Law are addressed in the Community Impact Statement which was prepared in conjunction with the Local Law.

4.3 Resource Implications

Not applicable.

4.4 Legal / Risk Implications Council must comply with the process specified in the Act following the making on the Local Law, which requires that Council give notice in the Government Gazette and a public notice specifying:

(a) The title of the Local Law; (b) The purpose and general purport of the Local Law; and (c) That a copy of the Local Law may be inspected at the Council office. Further, the Act requires that after a Local Law is made a copy must be sent to the Minister.

Appendices

Appendix 1 - Meeting Procedures Local Law Final Version (Trim No 15/89509)

Appendix 2 - Community Impact Statement - Meeting Procedures Local Law No. 7 (Trim No 15/88136)

Author/s: Stephanie O'Gorman, Governance Officer

Reviewed and Approved By: Phil De Losa, Program Leader Governance

Belinda Ayres, General Manager Corporate Services

3.1

MEETING PROCEDURES LOCAL LAW

1 Meeting Procedures Local Law Final Version ............................. 11

2 Community Impact Statement - Meeting Procedures Local Law No. 7 ........................................................................................ 41

Appendix 1 3.1 Meeting Procedures Local Law - Meeting Procedures Local Law Final Version

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12


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16


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Appendix 1

3.1 M

eeting Procedures Local Law

- Meeting P

rocedures Local Law F

inal Version

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Appendix 1

3.1 M


- Meeting P


inal Version

36

Appendix 1

3.1 M


- Meeting P


inal Version

37

Appendix 1

3.1 M


- Meeting P


inal Version

38


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Appendix 2 3.1 Meeting Procedures Local Law - Community Impact Statement - Meeting Procedures Local Law No. 7

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Local Law Community Impact Statement

for City of Kingston Meeting Procedures Local Law 2015 PART A – General Comments Background Kingston City Council has undertaken a review of Local Law No. 7 – Meeting Procedures

Local Law (the Local Law). The Local Law sunsets on 26 September 2015 and the review

has afforded Council with the opportunity to refine the Local Law and address any

identified issues therein.

Benchmarking was undertaken against the corresponding Local Laws of twenty different

Victorian Councils to assess where Kingston’s Local Law could be improved to better

facilitate efficient decision making processes at Kingston City Council.

Consequently, a revised Meeting Procedures Local Law is proposed which incorporates

proposed additions, amendments and deletions. These proposed changes have been

collated in Part C of this document.

Amendments: The proposed Local Law contains amendments to content, which are detailed in Part C of this document. The proposed Local Law contains the following amendments to the structure and style of the document: These include:

The Local Law has been re-ordered to achieve a more logical flow to the document;

The Local Law has been separated into new Parts for easier navigation;


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Long clauses have been simplified without losing the essence of the original clauses;

Plain English has been used in circumstances where clauses were unnecessarily complex;

and

Clauses have been omitted where governed by the Local Government Act 1989 (the Act)

(e.g. in relation to the Statutory Meeting and Special Committees).

Objectives: The overall objectives of the proposed Local Law are set out in the draft Local Law. The draft Local Law was presented to the Ordinary Meeting of Council on 27 July 2015, at which Council endorsed the release of the draft for public exhibition for at least 28 days. The public consultation will open on 5 August 2015 and close 4 September 2015 inclusive. During this time the community are invited to make written submissions as per the requirements of section 119 and section 223 of the Local Government Act 1989. If a person wishes to be heard in support of their submission, they can appear in person before a meeting of the committee on 8 September 2015 commencing at 6.00pm. A representative of a submitter may also appear on their behalf Following consideration of all submissions, it is proposed that the City of Kingston Community Local Law will be presented to Council for adoption at a Meeting of Council in September 2015.


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PART B – Comments on proposed Local Law overall

Measures of

success of

proposed Local

Law

Council will measure the success of the Local Law as follows:

Existing legislation

that might be used

instead

There is no existing legislation that could be used instead of the proposed local law.

State legislation

more appropriate

Not applicable. State Legislation compels Council to make local laws

governing the conduct of meetings of the Council and special committees.

Overlap of existing

legislation

Not applicable. It is not considered that the proposed local law overlaps

existing legislation, rather it operates in conjunction with the requirements

of the Local Government Act 1989 (Vic).

Overlap of planning

scheme

Not applicable.

Risk Assessment Council does not believe there are any risks associated with the proposed

Local Law.

Legislative

Approach adopted

The Meeting Procedures Local Law is necessitated by the provisions of

the Local Government Act 1989.

In relation to conduct of meetings, the Local Law adopts a medium impact

regulatory approach. Whilst being largely prescriptive, the Local Law

retains a level of discretion which is considered appropriate to facilitate

the orderly conduct of meetings.

In relation to the election of the Mayor, the Local Law adopts a high

impact regulatory approach that is highly prescriptive with no discretionary

process. This is considered appropriate as it provides certainty and

transparency to candidates and the community and ensures elections are

conducted in a fair and equitable manner.

In relation to use of the Common Seal, the Local Law adopts a high

impact regulatory approach that is considered appropriate as it provides

clear accountability for appropriate use and safekeeping of the Council

seal.

Restriction of

competition

Not applicable.

Penalties Penalties are proposed for particular breaches of the provisions of the

Local Law. These have all been reviewed given they were set almost 10

years ago, however, no changes were considered appropriate.

Infringement Penalty An infringement penalty is the penalty which appears on an Infringement Notice (i.e. “ticket”). The infringement penalties for breaching the various


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offences contained in the draft Local Law are contained in clause 40 of the Local Law. The Victorian Attorney-General’s guidelines to the Infringements Act 2006 state that, ‘An infringement penalty should generally be approximately no more than 20 – 25% of the maximum penalty for the offence’.

Council accepts that this is an accurate guide where the agency has

freedom to set the maximum penalty.

Permits Not applicable.

Fees Not applicable.

Performance

Standards or

prescriptive

Drafting of the Local Law has adopted a prescriptive approach.

Comparison with

neighbouring and

like Councils

In drafting the Local Law, comparisons were with 20 other Victorian

Councils ranging from municipal shires to metropolitan Councils.

Charter of Human

Rights

The Charter of Human Rights and Responsibilities Act 2006 (Vic) (the

Charter) applies to all subordinate legislation (Local Laws). Under

Schedule 8.2 of the Local Government Act 1989 (Vic):

A local law must not - (j) be inconsistent with principles of justice and fairness;

Having reviewed the Local Law as a whole, Council is satisfied that the

proposed Local Law will be consistent with the Charter.

Consultation

meetings

Not applicable. No consultation meetings were held during the drafting of the proposed Local Law.

Submissions The public consultation will open on 5 August 2015 and close on 8

September 2015. During this time the members of the community are

invited to make written submissions as per the requirements of section

119 and section 223 of the Local Government Act 1989.

If a person wishes to be heard in support of their submission, they can appear in person before a meeting of the committee on Tuesday 8th September 2015 commencing at 6.00pm. A representative of a submitter my also appear on their behalf


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PART C - Comments on specific parts or provisions of the proposed Local Law Major and minor content issues have been addressed in the proposed Local Law. All

content changes have been broken down clause by clause in the following table, however

major content changes include:

• Public Question Time – a new clause has been drafted governing question time to allow for a more effective process and also, where possible to provide officers with adequate time to prepare comprehensive responses to questions asked.

• Change in Council Policy – a new clause has been inserted codifying that a Notice of Rescission is not required where Council is changing its policy position.

• Amendments – a new clause has been inserted defining an amendment so as to ensure it does not negate the original motion.

• Points of Order – a new clause has been inserted stipulating the grounds upon which a point of order can be made and a further new clause has been inserted to prevent the improper use of points of order.

• Recording of Meetings – a new clause has been inserted referring to Council’s ‘Recording of Public Council Meetings Policy’ which requires all public meetings of Council to be recorded and streamed on the internet.

• Deputy Mayor – the election of a Deputy Mayor is at Council’s discretion, however a new clause has been inserted specifying that the election process for the office of Mayor will apply to the election of the Deputy Mayor, as far as practicable.


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Clause(s), section or part of Local Law and Description/heading

The problem the provision is intended to address

Outcome

Restructure Illogical ordering of clauses and difficulty to navigate easily through the document.

Draft Local Law has been re-ordered for better flow and separated into Parts for easier navigation.

Clause 9 - Definitions Potential for lack of clarity in the meaning of words in the Local Law

Definitions updated and/or amended for improved understanding of clauses. Plain English style adopted.

Clause 10 – Election of Deputy Mayor

No reference to office or procedure for election of Deputy Mayor.

Procedure for election of Mayor to apply to election of Deputy Mayor where practicable.

Clause 12 - Quorum No provision for event where Councillors cannot reach a majority decision.

Provision for CEO to adjourn meeting where majority of Councillors cannot reach a decision to adjourn due to lack of quorum.

Clause 13 – Notice of Meetings

Reference to outdated processes of notification of meetings to the public and Councillors.

Notice to public by information on Council’s website and in newspapers in general circulation in municipal district. Notice to Councillors via delivery of agenda or electronic mail.

Clause 19 – Joint Letters and Petitions

No specification that petition must be in writing or provision for when petition relates to item of Council business on agenda.

Specification that petition must be in writing (not pencil) and petition may be considered by Council as part of its deliberations on a corresponding item of business on Council meeting agenda.

Clause 21 – Time Limits for Meetings

No specification of maximum time limit for meetings

Specification that meetings must conclude no later than four hours from commencement, unless Council resolves to extend the meeting.

Clause 22 – Speaking Times

No limitation on extensions of speaking times and no specification for delegates’ reports.

Extensions limited to three minutes and delegates’ reports limited to three minutes per Councillor.


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Clause(s), section or part of Local Law and Description/heading

The problem the provision is intended to address

Outcome

Clause 23 – Visitors Speaking at Meetings

No time limits for visitors speaking at meetings.

Provision setting a three minute speaking time for visitors.

Clause 24 – Suspension of Standing Orders

No provision for prevention of improper use.

Provision preventing use of suspension of standing orders purely to dispense with the processes and protocol of the government of Council.

Clause 25 – Recording of Meetings

No reference to Council’s policy to record public Council meetings.

Provision outlining meetings will be recorded in line with the Recording of Public Council Meetings Policy.

Clause 26 – Requirements for Motions and Amendments

No definition of an amendment.

Provision outlining parameters of an amendment.

Clause 30 – Notices of Motion

Narrow timeframes between submission of Notices of Motion and compilation of agenda.

Deadline brought forward to 9.00am instead of midday.

Clause 32 – Changing a Council Policy

Lack of clarity around procedure for changing a Council policy.

Provision specifying that change of Council policy does not require a motion to rescind or alter a previous resolution, however, a preferred process is provided.

Clause 35 - Divisions Poorly worded clause which was unclear about ability to change votes when division called.

Clarity around result of division superseding original vote and Councillors may change previous vote when division is called.


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This table provides cross references the clauses in the existing Local Law to the Proposed Meeting Procedures Local Law.

Page New Clause Old Clause

5 Clause 6 - Scope Clause 7 – Application of the Local Law

5 Clause 7 - Definitions Clause 8 – Definitions of words used in this Local Law

7 Clause 9 – Election of the Mayor Clause 41 – Statutory Meeting and Election of the Mayor

8 Clause 10 – Election of Deputy Mayor

No corresponding clause

9 Clause 11 – Chairing of Meetings Clause 46 – Role of the Chairperson

9 Clause 12 - Quorum Clause 9 – Quorum Clause 10 – Lack of a Quorum Clause 11 – Inability to maintain a quorum due to conflicts of interest of Councillors

10 Clause 13 – Notice of Meetings Clause 12 – Date, Time and Place of Meetings Clause 13 – Notice of Meetings to the Public Clause 14 – Notice of Meetings to Members

10 Clause 14 – Form of Agendas and Minutes

Clause 15 – Form of Agendas and Minutes

11 Clause 15 – Business at Meetings Clause 16 – Business at Meetings

11 Clause 16 – Order of Business Clause 16 (2) – Business at Meetings

12 Clause 17 – Confirmation of Minutes Clause 17 – Confirmation of the Minutes of a Meeting

12 Clause 18 – Public Question Time Clause 18 – Question Time

13 Clause 19 – Petitions and Joint Letters

Clause 20 – Inwards Correspondence and Petitions

13 Clause 20 – Delegates’ Reports Clause 23 – Delegates’ Reports


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13 Clause 21 – Time Limit for Meetings Clause 25 – Time Limit for Meetings

14 Clause 22 – Speaking Times Clause 30 – Time Limits

14 Clause 23 – Visitors Speaking at Meetings

Clause 24 – Chairperson’s Right to Allow Visitors to Speak at Meetings

14 Clause 25 – Recording of Meetings No corresponding clause

15 Clause 26 – Requirements for Motions and Amendments

Clause 26 – Form of Motions

15 Clause 27 – Procedures with Respect to Motions

Clause 27 – Procedures with Respect to Motions and Amendments

16 Clause 27 – Procedures with Respect to Amendments

Clause 27 – Procedures with Respect to Motions and Amendments

16 Clause 29 – Rules of Debate

Clause 27 – Procedures with Respect to Motions and Amendments Clause 31 – Other Procedures or Rules of Debate

17 Clause 30 – Notices of Motion Clause 21 – Notices of Motion

18 Clause 31 – Notices of Rescission Clause 22 – Motions to Rescind or Alter a Previous Resolution

19 Clause 32 – Changing a Council Policy

No corresponding clause

19 Clause 33 – Formal/Procedural Motions

Clause 28 – Formal/Procedural Motions

19 Clause 34 - Voting Clause 33 – Voting

20 Clause 35 - Divisions Clause 34 – Divisions

21 Clause 36 – Courtesy to the Chairperson

Clause 45 – Courtesy to the Chairperson

21 Clause 37 – Points of Order Clause 29 – Points of Order


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21 Clause 38 – Dissenting from the Chairperson’s Ruling

Clause 36 – Dissenting from the Chairperson’s Ruling

22 Clause 39 – Behaviour at Meetings Clause 37 – Behaviour and Order at Meetings

23 Clause 40 - Offences Clause 38 - Offences

23 Clause 41 – Infringement Notices Clause 39 – Infringement Notices

23 Clause 42 – Payment of a Penalty Clause 42 – Payment of a Penalty

24 Clause 43 – The Common Seal and Sealing Clause

Clause 47 – Use and Custody of the Common Seal

Documents

Agenda - City of Kingston€¦ · 21/9/2015 · Agenda 21 September 2015 Trim: IC15/1138 6 The Act requires Council to have a Local Law governing the conduct of meetings and further