ORANGE CITY COUNCIL

Ordinary Council Meeting

 

Agenda

 

15 August 2017

 

 

Notice is hereby given, in accordance with the provisions of the Local Government Act 1993 that a Ordinary meeting of ORANGE CITY COUNCIL will be held in the Council Chamber, Civic Centre, Byng Street, Orange on Tuesday, 15 August 2017 commencing at 7.00pm.

 

 

Garry Styles

General Manager

 

For apologies please contact Michelle Catlin on 6393 8246.

    

 


Council Meeting                                                                                          15 August 2017

Agenda

EVACUATION PROCEDURE

In the event of an emergency, the building may be evacuated. You will be required to vacate the building by the rear entrance and gather at the breezeway between the Library and Art Gallery buildings. This is Council's designated emergency muster point.

Under no circumstances is anyone permitted to re-enter the building until the all clear has been given and the area deemed safe by authorised personnel.

In the event of an evacuation, a member of Council staff will assist any member of the public with a disability to vacate the building.

  

1                Introduction.. 3

1.1            Apologies and Leave of Absence. 3

1.2            Opening Prayer. 3

1.3            Acknowledgement of Country. 3

1.4            Declaration of pecuniary interests, significant non-pecuniary interests and less than significant non-pecuniary interests. 3

2                Mayoral Minutes. 3

Nil

3                Confirmation of Minutes of Previous Meeting.. 3

3.1            Minutes of the Ordinary Meeting of Orange City Council held on 01 August 2017  4

4                Notices of Motion/Notices of Rescission.. 16

Nil

5                General Reports. 17

5.1            Recommendations and Resolutions from Policy Committees. 17

5.2            Outstanding Questions Taken on Notice. 37

5.3            Statement of Investments - July 2017. 41

5.4            June 2017 Quarterly performance indicators. 46

5.5            Development Application DA 192/2017(1) - 87 Byng Street 119

5.6            Strategic Policy Review.. 123

5.7            Request for Financial Assistance. 294

 


Council Meeting                                                                                          15 August 2017

1       Introduction

1.1     Apologies and Leave of Absence

1.2     Opening Prayer

1.3     Acknowledgement of Country

I would like to acknowledge the Wiradjuri people who are the Traditional Custodians of the Land. I would also like to pay respect to the Elders both past and present of the Wiradjuri Nation and extend that respect to other Aboriginal Australians who are present.

1.4     Declaration of pecuniary interests, significant non-pecuniary interests and less than significant non-pecuniary interests

The provisions of Chapter 14 of the Local Government Act, 1993 (the Act) regulate the way in which Councillors and designated staff of Council conduct themselves to ensure that there is no conflict between their private interests and their public role.

The Act prescribes that where a member of Council (or a Committee of Council) has a direct or indirect financial (pecuniary) interest in a matter to be considered at a meeting of the Council (or Committee), that interest must be disclosed as soon as practicable after the start of the meeting and the reasons given for declaring such interest.

As members are aware, the provisions of the Local Government Act restrict any member who has declared a pecuniary interest in any matter from participating in the discussion or voting on that matter, and requires that member to vacate the Chamber.

Council’s Code of Conduct provides that if members have a non-pecuniary conflict of interest, the nature of the conflict must be disclosed. The Code of Conduct also provides for a number of ways in which a member may manage non pecuniary conflicts of interest.

Recommendation

It is recommended that Councillors now disclose any conflicts of interest in matters under consideration by the Council at this meeting.

 

 

2       Mayoral Minutes

Nil     

3       Confirmation of Minutes of Previous Meeting

RECOMMENDATION

That the Minutes of the Ordinary Meeting of Orange City Council held on 1 August 2017 (copies of which were circulated to all members) be and are hereby confirmed as a true and accurate records of the proceedings of the Council meeting held on 1 August 2017.

Attachments

1        Minutes of the Ordinary Meeting of Orange City Council held on 1 August 2017



ORANGE CITY COUNCIL

MINUTES OF THE

Ordinary Council Meeting

HELD IN Council Chamber, Civic Centre, Byng Street, Orange

ON 1 August 2017

COMMENCING AT 7.00pm


 1      Introduction

Attendance

Cr J Davis OAM (Mayor), Cr K Duffy, Cr R Gander, Cr C Gryllis, Cr N Jones, Cr R Kidd, Cr S Munro, Cr G Taylor (7.12pm), Cr R Turner, Cr J Whitton (7.09pm)

General Manager, Director Corporate and Commercial Services, Director Development Services, Director Community, Recreation and Cultural Services, Director Technical Services,  Manager Administration and Governance, Manager Corporate and Community Relations, Works Manager, Manager Engineering Services, Manager Development Assessments

 

RESOLVED - 17/345                                                                            Cr S Munro/Cr C Gryllis

That Council allow the media to record the Council Meeting.

 

 

1.1     APOLOGIES

 

RESOLVED - 17/346                                                                            Cr S Munro/Cr C Gryllis

That the apologies be accepted from Cr J Hamling (Deputy Mayor) and Cr A Brown for the Council Meeting of Orange City Council on 1 August 2017.

 

1.2     ACKNOWLEDGEMENT OF COUNTRY

 

1.3     Declaration of pecuniary interests, significant non-pecuniary interests and less than significant non-pecuniary interests

Cr C Gryllis declared a pecuniary interest in item 6.3 (Expression of Interest – Council Land) and Item 6.4 (Supplementary Information for Item 6.3) as a real estate agent previously involved in this site.


 

 

2       Mayoral Minutes

2.1     Suicide Prevention Awareness and Training

TRIM Reference:        2017/1638

RESOLVED - 17/347                                                                             Cr J Davis/Cr R Gander

That Council provide $2,500 for the conduct of suicide prevention training/peer support program funded from the donations budget.

 

   

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL ADJOURNED FOR THE CONDUCT OF THE OPEN FORUM AT 7.04PM

 

Item 2.3 – PDC – DA 63/2017(1) – 36-40 Turner Crescent, Orange

 

Mr Graeme Scott

Mr Scott outlined his objection to the development application.

 

** Cr Whitton arrived with the time being 7.09pm**

 

Ms Janelle Calder

Ms Calder outlined her objection to the development application.

 

** Cr Taylor arrived with the time being 7.12pm**

 

Item 2.5 – PDC – DA 192/2017(1) – 87 Byng Street, Orange

                                                            

Ms Cheryl McDonald

Ms McDonald outlined her objection to the development application.

 

Mr Dino Cunial

Mr Cunial outlined his objection to the development application.

 

THE OPEN FORUM CONCLUDED AT 7.26PM

 

3       Confirmation of Minutes of Previous Meeting

RESOLVED - 17/348                                                                          Cr R Gander/Cr S Munro

That the Minutes of the Ordinary Meeting of Orange City Council held on 18 July 2017 (copies of which were circulated to all members) be and are hereby confirmed as a true and accurate record of the proceedings of the Council meeting held on 18 July 2017.

** Crs Duffy and Kidd requested that their names be recorded as having voted against Item 2.1 of the Council Minutes held on 18 July 2017.** 

LATE ITEMS

RESOLVED - 17/349                                                                          Cr R Gander/Cr R Turner

1       That the following late items be dealt with at the meeting of Orange City Council held on 1 August 2017.

          Item 2.6 (PDC)  DA63/2017(1) Supplementary Report – 36-40 Turner Crescent, Orange

          Item 6.4 (CCL)   Supplementary Information for Item 6.3 – Expression of Interest – Council Land

          Item 6.5 (CCL)   Purchase of Land – Casey Street

 

2        That Council deal with Item 6.4 in conjunction with Item 6.3 of Closed Council and Item 2.6 of Planning and Development Committee with Item 2.3 of the Planning and Development Committee.

 

 

4       Notices of Motion/Notices of Rescission

4.1     Orange Rail Action Group Update by Cr Jones

TRIM Reference:        2017/1542

RESOLVED - 17/350                                                                               Cr N Jones/Cr K Duffy

1    That Council continues to advocate for overnight stabling of the Bathurst Bullet in Orange.

2    That Council continues discussions and seeks feedback from Dubbo Regional Council about improved access to the adjustments to the XPT service.

3    That when the new Orange City Council is formed post the September election consideration be given to continuing support for the Orange Rail Action Group.

 

 

MATTER ARISING

RESOLVED - 17/351                                                                              Cr N Jones/Cr C Gryllis

That Council write to the Member for Orange, Phillip Donato, NSW Minister for Transport and Infrastructure, the Hon Andrew Constance, the NSW Premier, the Hon Gladys Berejiklian, seeking a discussion paper on the proposed XPT fleet replacement and scheduling to ensure services to the Central West are enhanced and direct consultation with Orange City Council and Cental West stakeholders on current planning options.

 

 

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL ADJOURNED FOR THE CONDUCT OF THE POLICY COMMITTEE MEETINGS AT 7.29PM

THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL RESUMED AT 9.18PM

 

5       General Reports

5.1     Adoption of Amendments to Schedule of Fees and Charges

TRIM Reference:        2017/1635

RESOLVED - 17/381                                                                              Cr C Gryllis/Cr K Duffy

1    That Council adopt the amendments to the Schedule of Fees and Charges as listed in the exhibited draft Delivery/Operational Plan for the period 1 July 2017 to 30 June 2018, provided that such changes may be varied by any alteration to the Local Government Act 1993 or Local Government (General) Regulation as directed by the NSW Government, noting these are the ex GST amounts:

a    The interest rate payable on overdue rates and charges be set at 7.5%.

b    Showground Pavilion – events of greater than 1 week duration – fee determined individually for each application

c    Before and After School Care – Before school session per child - $21.00

d    Before and After School Care – After school session per child - $27.00

e    Vacation Care – per child per day - $57.00

f     Family Day Care – Fee per hour of contracted care or part there if - Before and After School Care - $7.70 - $12.50

g    Family Day Care – Vacation Care – Daily Rate - $55.00 - $60.00

h    Spring Street Childcare Centre - Bookings for extra Day - $96.00

i     Yarrawong Childcare Centre – Bookings for extra day - $96.00

j     Residential Services – Residents contribution of their benefits – Residents rent contribution – to be determined by the National Disability Insurance Agency

k    Residential Services – Residents contribution of their benefits – Residents board and lodgings – to be determined by the National Disability Insurance Agency

l     Companion Animals – For a de-sexed animal - $53.00 with CPI to be applied from 1 July 2017

m   Companion Animals - For a de-sexed animal owned by an eligible pensioner - $22.00 with CPI to be applied from 1 July 2017

n    Companion Animals - For an animal not de-sexed - $195.00 with CPI to be applied from 1 July 2017

o    Companion Animals – Animal not de-sexed but kept by a recognised breeder for breeding purposes - $53.00 with CPI to be applied from 1 July 2017

p    Private Certification – Lodgement of privately certified Part 4A certification with Council (Clause 263(2))- $36.00

q    Property Certificate – Certificate under s735A of the Local Government Act - $195.00

r     Environmental Learning Facility – usage by not for profit community groups – Free hire of venue

s     Certificate 603 - $80.00

t     Amend references to the “Friends of the Gallery” free venue hire to include “Friends of the Museum”.

u    Amend Carriage Cottage – Community Group entries to the following:

i.   Community Group – non-profit – up to 10 times in one year – free

ii.  Community Group – non-profit – per hour after 10 times per year - $9.55.

 

 

5.2     Request to guarantee loan - Orange Emu's Rugby Club

TRIM Reference:        2017/1637

RESOLVED - 17/382                                                                            Cr R Gander/Cr K Duffy

1    That Council provide a guarantee to Westpac for a $100,000 loan provided to the Emu’s Rugby Club Inc.

2    That the General Manager be authorised to sign all relevant documents.

3    That permission be granted for the use of the Council Seal on any relevant document, if required.

 

 

5.3     Orange to Carcoar Pipeline - Malicious Damage

TRIM Reference:        2017/1617

RESOLVED - 17/383                                                                             Cr J Davis/Cr R Gander

1        That the information provided in the report on Orange to Carcoar Pipeline – Malicious Damage be acknowledged.

2        That Council offer a reward of $25,000 for information leading to the offender(s) being charged and convicted in relation to this malicious damage.

 

 

QUESTION TAKEN ON NOTICE  

Cr Duffy requested information on Council’s funding contribution to the Orange to Carcoar pipeline project. Information to be circulated.

 

 

5.4     Additions to Register of Fees and Charges

TRIM Reference:        2017/1431

RESOLVED - 17/384                                                                          Cr R Gander/Cr R Turner

That Council place on public exhibition the following proposed fees and charges:

a        Clover Hill Function Centre

User

Fee ex GST

Fee Inc GST

Orange City Council

no charge for all categories

Monday to Friday (Function Room only) 

Community Groups – not for profit

 

 

          Per hour

$10

$12

          5+ hours per day

$50

$55

          Cleaning fee

$100

$110

For Profit Organisation

 

 

          Per hour

$20

$22

          5+ hours per day

$100

$110

          Cleaning fee

$100

$110

Private Hire – Non-commercial

 

 

          Per hour

$10

$12

          5+ hours per day

$50

$55

          Cleaning fee

$100

$110

Private Hire – Commercial

 

 

          Per hour

$20

$22

          5+ hours per day

$100

$110

          Cleaning fee

$100

$110

Monday to Friday (Use of Kitchen and Function Room)

Community Groups – not for profit

 

 

          Per hour

$10

$12

          5+ hours per day

$50

$55

          Cleaning fee

$100

$110

For Profit Organisation

 

 

          Per hour

$20

$22

          5+ hours per day

$100

$110

          Cleaning fee

$100

$110

Private Hire – Non-commercial

 

 

          Per hour

$10

$12

          5+ hours per day

$50

$55

          Cleaning fee

$100

$110

Private Hire – Commercial

 

 

          Per hour

$20

$22

          5+ hours per day

$100

$110

          Cleaning fee

$100

$110

Weekend Hire (Function Room Only)   

Community Groups – not for profit

 

 

          Hire

$250

$275

          Security bond

$250

$275

          Cleaning fee

$100

$110

For Profit Organisation

 

 

          Hire

$500

$550

          Security bond

$500

$550

          Cleaning fee

$100

$110

Private Hire – Non-commercial

 

 

          Hire

$250

$275

          Security bond

$250

$275

          Cleaning fee

$100

$110

Private Hire – Commercial

 

 

          Hire

$500

$550

          Security bond

$500

$550

          Cleaning fee

$100

$110

Weekend Hire (Kitchen and Function Room)  

Community Groups – not for profit

 

 

          Hire

$500

$550

          Cleaning fee

$200

$220

          Security bond

$250

$275

For Profit Organisation

 

 

          Hire

$750

$825

          Cleaning fee

$200

$220

          Security bond

$500

$550

Private Hire – Non Commercial

 

 

          Hire

$500

$550

          Cleaning fee

$200

$220

          Security bond

$250

$275

Private Hire – Commercial

 

 

          Hire

$750

$825

          Cleaning fee

$200

$220

          Security bond

$500

$550

 

B       Private Works Management

Name

2017/18

Government Grant Roads and Maritime Services (RMS) works on-cost on labour

36.90%

On-cost on labour wages

40%

On-cost on plant hire charges

30%

On-cost on material charges

10%

Administration on-cost of total account including above on-cost

20%

 

 

 


 

 

MATTER ARISING

RESOLVED - 17/385                                                                               Cr R Kidd/Cr G Taylor

That Council provide a letter of congratulations to the Pay It Forward group for their emergency accommodation facility.

 

6       Closed Meeting

In accordance with the Local Government Act 1993, and the Local Government (General) Regulation 2005, in the opinion of the General Manager, the following business is of a kind as referred to in Section 10A(2) of the Act, and should be dealt with in a Confidential Session of the Council meeting closed to the press and public.

In response to a question from the Mayor, the General Manager advised that no written submissions had been received relating to any item listed for consideration by the Closed Meeting of Council.

The Mayor extended an invitation to any member of the public present at the meeting to make a presentation to the Council as to whether the meeting should be closed for a particular item.

RESOLVED - 17/386                                                                           Cr R Gander/Cr C Gryllis

That Council adjourn into a Closed Meeting and members of the press and public be excluded from the Closed Meeting, and access to the correspondence and reports relating to the items considered during the course of the Closed Meeting be withheld unless declassified by separate resolution. This action is taken in accordance with Section 10A(2) of the Local Government Act, 1993 as the items listed come within the following provisions:

6.1     Acquisition of Land - Southern Feeder Road

This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

6.2     Tenders for the Transportation of Liquid Waste

This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

6.3     Expression of Interest - Council Land (Restricted)

This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

6.4     Supplementary Information for Item 6.3 - Expression of Interest - Council Land - Closed Council Meeting 1 August 2017

This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

6.5     Purchase of land - Casey Street

This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

 

     

The Mayor declared the Ordinary Meeting of Council adjourned for the conduct of the Closed Meeting at 9.45pm.

The Mayor declared the Ordinary Meeting of Council resumed at 10.00pm.


 

7       Resolutions from Closed Meeting

The Manager Administration and Governance read out the following resolutions made in the Closed Meeting of Council.

6.1     Acquisition of land - Southern Feeder Road

TRIM Reference:        2017/1467

RESOLVED - 17/387                                                                           Cr R Turner/Cr S Munro

1        That Council acquires approximately 310m2 of part Lot 1 DP 68495 and approximately 1,341m2 of part Lot 150 DP 706655 for construction of the Southern Feeder Road in accordance with the details outlined in this report.

2        That the General Manager be delegated authority to finalise the acquisitions.

3        That upon acquisition, the land be classified as Operational.

 

 

6.2     Tenders for the Transportation of Liquid Waste

TRIM Reference:        2017/1584

RESOLVED - 17/388                                                                            Cr C Gryllis/Cr S Munro

1     That Council award the contract for Transportation of Liquid Waste (Leachate) from the Euchareena Road Resource Recovery Centre to the Orange Waste Water Treatment Plant to JR Richards & Sons at a rate of $15.79/KL (GST exclusive) for a three year term based on renewal of the contract being subject to annual review.

2     That authority be granted to affix the Council Seal to any necessary documentation if required.

 

 

Division of Voting

Voted For

Cr J Davis (Mayor), Cr K Duffy, Cr R Gander, Cr C Gryllis, Cr R Kidd, Cr S Munro, Cr G Taylor, Cr R Turner, Cr J Whitton, Cr N Jones

Voted Against

Nil

Absent

Cr J Hamling, Cr A Brown

 


 

 

6.4     Supplementary Information for Item 6.3 - Expression of Interest - Council Land - Closed Council Meeting 1 August 2017

TRIM Reference:        2017/1706

Cr C Gryllis declared a pecuniary interest in this item as a real estate agent previously involved in this site, left the Chamber, and did not participate in the voting or debate on this item.

This item is to be dealt with in conjunction with Item 6.3.  

 

6.3     Expression of Interest - Council Land (Restricted)

TRIM Reference:        2017/1646

Cr C Gryllis declared a pecuniary interest in this item as a real estate agent previously involved in this site, left the Chamber, and did not participate in the voting or debate on this item.

RESOLVED - 17/389                                                                              Cr G Taylor/Cr K Duffy

1        That the report – Supplementary Information for Item 6.3 – Expression of Interest – Council Land – Closed Council Meeting 1 August 2017 be acknowledged.

2        That Council note the report by the General Manager on Expression of Interest – Council Land.

 

 


 

 

 

6.5     Purchase of land - Casey Street

TRIM Reference:        2017/1695

RESOLVED - 17/390                                                                               Cr R Kidd/Cr R Turner

1    That Council purchase Lot 6 Section 14 DP 5265 to be funded from the drainage budget allocation and the drainage reserve.

2    That in the event of negotiations for the purchase of this property not being successful, Council resolve to:

a     Acquire by compulsory acquisition under section 186 and 187 of the Local Government Act 1993, an easement of 4 metres wide for drainage purposes over Lot 6 Section 14 DP 5265

b     Approve the making of an application to the Minister for Local Government for the issue of a Proposed Acquisition Notice under the Land Acquisition (Just Terms Compensation) Act 1991 with respect to the Land.

c     Approve the making of an application to the Governor for the publication of an Acquisition Notice in the NSW Government Gazette under the Land Acquisition (Just Terms Compensation) Act 1991 with respect to the Land.

3    That the land be classified operational on acquisition.

4    That the General Manager be delegated authority to finalise negotiations for this purchase.

5    That authority be granted for the use of the Council Seal on any documentation if required.

6    That upon resolution of all drainage issues on this property, Council sell the residual property as discussed in the body of this report.

 

 

The Meeting Closed at 10.04pm

 

This is Page Number 15 and the Final Page of the Minutes of the Ordinary Meeting of Orange City Council held on 1 August 2017.

  


Council Meeting                                                                                          15 August 2017

 

 

4       Notices of Motion/Notices of Rescission

Nil


Council Meeting                                                                                          15 August 2017

 

 

5       General Reports

5.1     Recommendations and Resolutions from Policy Committees

TRIM REFERENCE:        2017/1717

AUTHOR:                       Michelle Catlin, Manager Administration and Governance    

 

EXECUTIVE SUMMARY

Council’s Policy Committees (Planning and Development Committee, Employment and Economic Development Policy Committee, Infrastructure Policy Committee, Sport and Recreation Policy Committee, Environmental Sustainability Policy Committee, Finance Policy Committee and Services Policy Committee) have delegation to determine matters before those Committees, with the exception of items that impact on Council’s Delivery/Operational Plan.

This report provides minutes of the Policy Committees held since the last meeting. Resolutions made by the Committees are for noting, and Recommendations are presented for adoption or amendment by Council.

Link To Delivery/OPerational Plan

The recommendation in this report relates to the Delivery/Operational Plan strategy “1.2 Our City - Information and advice provided for the decision-making process will be succinct, reasoned, accurate, timely and balanced”.

Financial Implications

Nil

Policy and Governance Implications

Nil

 

Recommendation

1        That the resolutions made by the Planning and Development Committee at its meeting held on 1 August 2017 be noted.

2        That the resolutions made by the Employment and Economic Development Policy Committee at its meeting held on 1 August 2017 be noted.

3        That the resolutions made by the Infrastructure Policy Committee at its meeting held on 1 August 2017 be noted.

4        That the resolutions made by the Sport and Recreation Policy Committee at its meeting held on 1 August 2017 be noted.

5        That the resolutions made by the Environmental Sustainability Policy Committee at its meeting held on 1 August 2017 be noted.

6        That the resolutions made by the Finance Policy Committee at its meeting held on 1 August 2017 be noted.

7        That the resolutions made by the Services Policy Committee at its meeting held on 1 August 2017 be noted.

 

further considerations

Consideration has been given to the recommendation’s impact on Council’s service delivery; image and reputation; political; environmental; health and safety; employees; stakeholders and project management; and no further implications or risks have been identified.

SUPPORTING INFORMATION

Planning and Development Committee

At the Planning and Development Committee meeting held on 1 August 2017, all resolutions were made under delegation, and the minutes are presented for noting.

Employment and Economic Development Policy Committee

At the Employment and Economic Development Policy Committee meeting held on 1 August 2017, all resolutions were made under delegation, and the minutes are presented for noting.

Infrastructure Policy Committee

At the Infrastructure Policy Committee meeting held on 1 August 2017, all resolutions were made under delegation, and the minutes are presented for noting.

Sport and Recreation Policy Committee

At the Sport and Recreation Policy Committee meeting held on 1 August 2017, all resolutions were made under delegation, and the minutes are presented for noting.

Environmental Sustainability Policy Committee

At the Infrastructure Policy Committee meeting held on 1 August 2017, all resolutions were made under delegation, and the minutes are presented for noting.

Finance Policy Committee

At the Finance Policy Committee meeting held on 1 August 2017, all resolutions were made under delegation, and the minutes are presented for noting.

Services Policy Committee

At the Services Policy Committee meeting held on 1 August 2017, all resolutions were made under delegation, and the minutes are presented for noting.

 

Attachments

1          PDC 1 August 2017 Minutes, 2017/1699

2          EEDPC 1 August 2017 Minutes, 2017/1700

3          IPC 1 August 2017 Minutes, 2017/1701

4          SRPC 1 August 2017 Minutes, 2017/1702

5          ESPC 1 August 2017 Minutes, 2017/1703

6          FPC 1 August 2017 Minutes, 2017/1704

7          SPC 1 August 2017 Minutes, 2017/1705

  


Planning and Development Committee                                             15 August 2017

5.1                       Recommendations and Resolutions from Policy Committees

Attachment 1      PDC 1 August 2017 Minutes


ORANGE CITY COUNCIL

 

MINUTES OF THE

Planning and Development Committee

HELD IN Council Chamber, Civic Centre, Byng Street, Orange

ON 1 August 2017

COMMENCING AT 7.29pm


 1      Introduction

Attendance

Cr R Turner (Chairperson), Cr J Davis OAM (Mayor), Cr C Gryllis, Cr K Duffy, Cr R Gander, Cr N Jones, Cr R Kidd, Cr S Munro, Cr G Taylor, Cr J Whitton

General Manager, Director Corporate and Commercial Services, Director Development Services, Director Community, Recreation and Cultural Services, Director Technical Services, Manager Administration and Governance, Manager Corporate and Community Relations, Works Manager, Manager Engineering Services, Manager Development Assessments

 

APOLOGIES AND LEAVE OF ABSENCE

 

RESOLVED - 17/352                                                                            Cr S Munro/Cr C Gryllis

That the apologies be accepted from Cr J Hamling (Deputy Mayor) and Cr A Brown for the Planning and Development Committee of Orange City Council on 1 August 2017.

 

1.1     DECLARATION OF PECUNIARY INTERESTS, SIGNIFICANT NON-PECUNIARY INTERESTS AND LESS THAN SIGNIFICANT NON-PECUNIARY INTERESTS

Nil

 


 

2       General Reports

2.1     Items Approved Under the Delegated Authority of Council

TRIM Reference:        2017/1372

RESOLVED - 17/353                                                                                 Cr K Duffy/Cr J Davis

That the information provided in the report by the Manager Development Assessments on Items Approved Under the Delegated Authority of Council be acknowledged.

 

 

 

2.2     Orange Local Environmental Plan 2011 - Amendment 20 - Eastern Gateway Caravan Park

TRIM Reference:        2017/1600

RESOLVED - 17/354                                                                               Cr C Gryllis/Cr J Davis

1     That Council resolves to proceed with Amendment 20 to Orange Local Environmental Plan 2011.

2     That Amendment 20 to Orange Local Environmental Plan 2011 be forwarded to the Parliamentary Counsel's Office for legal opinion.

3     That subject to a satisfactory outcome from the Parliamentary Counsel's Office, Amendment 20 to Orange Local Environmental Plan 2011 be submitted to the Department of Planning and Environment for final determination and publication.

 

 

Division of Voting

Voted For

Cr J Davis, Cr K Duffy, Cr R Gander, Cr C Gryllis, Cr R Kidd, Cr S Munro, Cr G Taylor, Cr R Turner, Cr J Whitton, Cr N Jones

Voted Against

Nil

Absent

Cr J Hamling, Cr A Brown

 

2.6     Development Application DA 63/2017(1) - supplementary report - 36-40 Turner Crescent

TRIM Reference:        2017/1692

This item was dealt with in conjunction with Item 2.3.

 


 

2.3     Development Application DA 63/2017(1) - 36-40 Turner Crescent

TRIM Reference:        2017/1604

MOTION                                                                                             Cr J Whitton/Cr N Jones

That Development Application DA 63/2017(1) for Child Care Centre at Lot 194 DP 1007290 - 36-40 Turner Crescent, Orange, be refused on the grounds of traffic impacts both at the entrance and in the locality, amenity, car parking, access, safety including pedestrian safety, site suitability, noise, privacy, neighbourhood character and overall incompatibility of the location.

AMENDMENT                                                                                        Cr S Munro/Cr R Kidd

That Development Application DA 63/2017(1) for Child Care Centre at Lot 194 DP 1007290 - 36-40 Turner Crescent, Orange, be deferred.

THE AMENDMENT ON BEING PUT TO THE MEETING WAS LOST

THE MOTION ON BEING PUT TO THE MEETING WAS CARRIED AND BECAME THE MOTION

 

RESOLVED - 17/355                                                                           Cr J Whitton/Cr N Jones

That Development Application DA 63/2017(1) for Child Care Centre at Lot 194 DP 1007290 - 36-40 Turner Crescent, Orange, be refused on the grounds of traffic impacts both at the entrance and in the locality, amenity, car parking, access, safety including pedestrian safety, site suitability, noise, privacy, neighbourhood character and overall incompatibility of the location.

 

 

Division of Voting

Voted For

Cr J Davis, Cr K Duffy, Cr R Gander, Cr C Gryllis, Cr R Kidd, Cr S Munro, Cr G Taylor, Cr R Turner, Cr J Whitton, Cr N Jones

Voted Against

Nil

Absent

Cr J Hamling, Cr A Brown

 

2.4     Development Application DA 93/2017(1) - 1693 Forest Road

TRIM Reference:        2017/1606

RESOLVED - 17/356                                                                         Cr J Whitton/Cr G Taylor

That Council consents to development application DA 93/2017(1) for Secondary Dwelling at Lot 2 DP 615933 - 1693 Forest Road, Orange pursuant to the conditions of consent in the attached Notice of Approval.

 

 

Division of Voting

Voted For

Cr J Davis, Cr K Duffy, Cr R Gander, Cr C Gryllis, Cr R Kidd, Cr S Munro, Cr G Taylor, Cr R Turner, Cr J Whitton, Cr N Jones

Voted Against

Nil

Absent

Cr J Hamling, Cr A Brown

 

2.5     Development Application DA 192/2017(1) - 87 Byng Street

TRIM Reference:        2017/1607

RESOLVED - 17/357                                                                        Cr R Gander/Cr J Whitton

That Council refuse development application DA 192/2017(1) for Kiosk at Lot 87 DP 1086540 - 87 Byng Street, Orange with staff to issue a notice of refusal with the reasons for refusal to be reported to Council for information.

 

 

Division of Voting

Voted For

Cr J Davis, Cr K Duffy, Cr R Gander, Cr C Gryllis, Cr R Kidd, Cr S Munro, Cr G Taylor, Cr R Turner, Cr J Whitton, Cr N Jones

Voted Against

Nil

Absent

Cr J Hamling, Cr A Brown

The Meeting Closed at 8.05PM.


Employment and Economic Development Policy Committee      15 August 2017

5.1                       Recommendations and Resolutions from Policy Committees

Attachment 2      EEDPC 1 August 2017 Minutes


ORANGE CITY COUNCIL

 

MINUTES OF THE

Employment and Economic Development Policy Committee

HELD IN Council Chamber, Civic Centre, Byng Street, Orange

ON 1 August 2017

COMMENCING AT 8.06pm


 1      Introduction

Attendance

Cr J Whitton (Chairperson), Cr J Davis OAM (Mayor), Cr C Gryllis, Cr K Duffy, Cr R Gander, Cr N Jones, Cr R Kidd, Cr S Munro, Cr G Taylor, Cr R Turner

General Manager, Director Corporate and Commercial Services, Director Development Services, Director Community, Recreation and Cultural Services, Director Technical Services, Manager Administration and Governance, Manager Corporate and Community Relations, Works Manager, Manager Engineering Services, Manager Development Assessments

 

APOLOGIES AND LEAVE OF ABSENCE

 

RESOLVED - 17/358                                                                            Cr S Munro/Cr C Gryllis

That the apologies be accepted from Cr J Hamling (Deputy Mayor) and Cr A Brown for the Employment and Economic Development Policy Committee of Orange City Council on 1 August 2017.

 

1.1     DECLARATION OF PECUNIARY INTERESTS, SIGNIFICANT NON-PECUNIARY INTERESTS AND LESS THAN SIGNIFICANT NON-PECUNIARY INTERESTS

Nil


 

2       Committee Minutes

2.1     Minutes of the Sister Cities Community Committee Meeting - 12 July 2017

TRIM Reference:        2017/1618

RESOLVED - 17/359                                                                            Cr C Gryllis/Cr S Munro

That the recommendations made by the Sister Cities Community Committee at its meeting held on 12 July 2017 be noted.

 

 

3       General Reports

3.1     Youth Unemployment

TRIM Reference:        2017/1363

RESOLVED - 17/360                                                                               Cr C Gryllis/Cr J Davis

That the report on Youth Unemployment be acknowledged.

 

 

3.2     Quarterly Update on Unemployment Rates

TRIM Reference:        2017/1424

RESOLVED - 17/361                                                                              Cr C Gryllis/Cr K Duffy

That the report on the unemployment figures for Orange be acknowledged.

 

 

3.3     Employment of Apprentices/Trainees/Cadets at Orange City Council

TRIM Reference:        2017/1569

RESOLVED - 17/362                                                                               Cr R Kidd/Cr R Turner

That the report on the employment of apprentices/trainees and cadets at Orange City Council be acknowledged.

 

 


 

 

Cr Duffy raised a matter in relation to the Airport Rezoning Proposal.

 

Cr Whitton (Chairperson) declared a less than significant pecuniary interest in this item due to family owning land in the area, and left the Chamber and took no part in the debate or voting on this matter.

 

** Cr Taylor took the Chair. **

 

MOTION                                                                                                   Cr K Duffy/Cr R Kidd

1        That Council seek an independent review of the processes taken in all Orange City Council land purchases and rezonings in the last 5 years.

2        That Council seek the assistance of the Office of Local Government in this process.

THE MOTION ON BEING PUT TO THE MEETING WAS LOST

 

 

 The Meeting Closed at 8.31PM.


Infrastructure Policy Committee                                                        15 August 2017

5.1                       Recommendations and Resolutions from Policy Committees

Attachment 3      IPC 1 August 2017 Minutes


ORANGE CITY COUNCIL

 

MINUTES OF THE

Infrastructure Policy Committee

HELD IN Council Chamber, Civic Centre, Byng Street, Orange

ON 1 August 2017

COMMENCING AT 8.31pm


 1      Introduction

Attendance

Cr G Taylor (Chairperson), Cr J Davis OAM (Mayor), Cr C Gryllis, Cr K Duffy, Cr R Gander, Cr N Jones, Cr R Kidd, Cr S Munro, Cr R Turner, Cr J Whitton

General Manager, Director Corporate and Commercial Services, Director Development Services, Director Community, Recreation and Cultural Services, Director Technical Services, Manager Administration and Governance, Manager Corporate and Community Relations, Works Manager, Manager Engineering Services, Manager Development Assessments

 

APOLOGIES AND LEAVE OF ABSENCE

 

RESOLVED - 17/363                                                                            Cr S Munro/Cr C Gryllis

That the apologies be accepted from Cr J Hamling (Deputy Mayor) and Cr A Brown for the Infrastructure Policy Committee of Orange City Council on 1 August 2017.

 

1.1     DECLARATION OF PECUNIARY INTERESTS, SIGNIFICANT NON-PECUNIARY INTERESTS AND LESS THAN SIGNIFICANT NON-PECUNIARY INTERESTS

Nil

 

2       Committee Minutes

2.1     Minutes of the City of Orange Traffic Committee - 11 July 2017

TRIM Reference:        2017/1527

RESOLVED - 17/364                                                                               Cr C Gryllis/Cr J Davis

That the recommendations made by the City of Orange Traffic Committee at its meeting held on 11 July 2017 be adopted.

 

 

3       General Reports

3.1     Current Works

TRIM Reference:        2017/1568

RESOLVED - 17/365                                                                            Cr C Gryllis/Cr S Munro

That the information provided in the report on Current Works be acknowledged.

 

 

QUESTIONS TAKEN ON NOTICE                                                                                                 

Cr Kidd requested maintenance on Huntley Road in the area of Bloomfield Road and Louie Lane. To be entered into the Customer Request Management system.

 

Cr Duffy requested Council add to the program of new footpaths both sides of Wakeford Street, both sides of March and Olver Streets in the vicinity of the nursing home and March Street between Hill and Sale Streets. The General Manager indicated a report would be provided on the footpath program including Council’s adopted methodology for prioritising footpaths.

 

Cr Duffy requested information on the timeline for sealing Springbank Lane.

 

Cr Duffy requested a review of signage and speed limits on Burrendong Way, adjacent to recent roadworks.

 

Cr Duffy requested information on the economic benefit of the Northern Distributor Road. The report adopted by Council at its last meeting to be re-circulated to Councillors.

 


 

 

MATTER ARISING

RESOLVED - 17/366                                                                           Cr K Duffy/Cr J Whitton

That Council write to relevant councils, the State Member for Orange, the National Member for Calare, and the Minister for Roads to seek funding to improve the road between Trangie and Nevertire.

 

 

MATTER ARISING

RESOLVED - 17/367                                                                         Cr J Whitton/Cr S Munro

1        That Council organise a petition expressing Orange’s disgust in relation to the cost of electricity and request that the supply of electricity revert back to a government only system.

2       That this petition be sent to the relevant State and Federal Ministers.

 

 

 

The Meeting Closed at 9.00pm.


Sport and Recreation Policy Committee                                           15 August 2017

5.1                       Recommendations and Resolutions from Policy Committees

Attachment 4      SRPC 1 August 2017 Minutes


ORANGE CITY COUNCIL

 

MINUTES OF THE

Sport and Recreation Policy Committee

HELD IN Council Chamber, Civic Centre, Byng Street, Orange

ON 1 August 2017

COMMENCING AT 9.00pm


 1      Introduction

Attendance

Cr J Davis OAM (Mayor), Cr C Gryllis, Cr K Duffy, Cr R Gander, Cr N Jones, Cr R Kidd, Cr S Munro, Cr G Taylor, Cr R Turner, Cr J Whitton

General Manager, Director Corporate and Commercial Services, Director Development Services, Director Community, Recreation and Cultural Services, Director Technical Services, Manager Administration and Governance, Manager Corporate and Community Relations, Works Manager, Manager Engineering Services, Manager Development Assessments

 

** In the absence of the Chairperson, Cr Taylor chaired the meeting. ** 

 

APOLOGIES AND LEAVE OF ABSENCE

 

RESOLVED - 17/368                                                                            Cr S Munro/Cr C Gryllis

That the apologies be accepted from Cr J Hamling (Chairperson) (Deputy Mayor) and Cr A Brown for the Sport and Recreation Policy Committee of Orange City Council on 1 August 2017.

 

1.1     DECLARATION OF PECUNIARY INTERESTS, SIGNIFICANT NON-PECUNIARY INTERESTS AND LESS THAN SIGNIFICANT NON-PECUNIARY INTERESTS

Nil

 

2       Committee Minutes

2.1     Minutes of the Australia Day Community Committee Meeting - 5 July 2017

TRIM Reference:        2017/1564

RESOLVED - 17/369                                                                           Cr C Gryllis/Cr R Gander

1        That the event concept for the 2018 Australia Day Celebration be developed along with an associated Event Action Plan.

2        That the nominations from Siobhan Harvey and Jackie Taylor to join the Australia Day Community Committee be accepted.

 

 

 

The Meeting Closed at 9.01PM.


Environmental Sustainability Policy Committee                           15 August 2017

5.1                       Recommendations and Resolutions from Policy Committees

Attachment 5      ESPC 1 August 2017 Minutes


ORANGE CITY COUNCIL

MINUTES OF THE

Environmental Sustainability Policy Committee

HELD IN Council Chamber, Civic Centre, Byng Street, Orange

ON 1 August 2017

COMMENCING AT 9.02pm


 1      Introduction

Attendance

Cr N Jones (Chairperson), Cr J Davis OAM (Mayor), Cr C Gryllis, Cr K Duffy, Cr R Gander, Cr R Kidd, Cr S Munro, Cr G Taylor, Cr R Turner, Cr J Whitton

General Manager, Director Corporate and Commercial Services, Director Development Services, Director Community, Recreation and Cultural Services, Director Technical Services, Manager Administration and Governance, Manager Corporate and Community Relations, Works Manager, Manager Engineering Services, Manager Development Assessments

 

APOLOGIES AND LEAVE OF ABSENCE

 

RESOLVED - 17/370                                                                            Cr S Munro/Cr C Gryllis

That the apologies be accepted from Cr J Hamling (Deputy Mayor) and Cr A Brown for the Environmental Sustainability Policy Committee of Orange City Council on 1 August 2017.

 

1.1     DECLARATION OF PECUNIARY INTERESTS, SIGNIFICANT NON-PECUNIARY INTERESTS AND LESS THAN SIGNIFICANT NON-PECUNIARY INTERESTS

Nil 


 

 

2       Committee Minutes

2.1     Minutes of the Companion Animal Community Committee held on 3 July 2017

TRIM Reference:        2017/1448

RESOLVED - 17/371                                                                               Cr R Kidd/Cr S Munro

That the recommendations made by the Companion Animals Community Committee at its meeting held on 3 July 2017 be adopted.

 

 

 The Meeting Closed at 9.04pm.


Finance Policy Committee                                                                       15 August 2017

5.1                       Recommendations and Resolutions from Policy Committees

Attachment 6      FPC 1 August 2017 Minutes


ORANGE CITY COUNCIL

 

MINUTES OF THE

Finance Policy Committee

HELD IN Council Chamber, Civic Centre, Byng Street, Orange

ON 1 August 2017

COMMENCING AT 9.06pm


 1      Introduction

Attendance

Cr K Duffy (Chairperson), Cr J Davis OAM (Mayor), Cr C Gryllis, Cr R Gander, Cr N Jones, Cr R Kidd, Cr S Munro, Cr G Taylor, Cr R Turner, Cr J Whitton

General Manager, Director Corporate and Commercial Services, Director Development Services, Director Community, Recreation and Cultural Services, Director Technical Services, Manager Administration and Governance, Manager Corporate and Community Relations, Works Manager, Manager Engineering Services, Manager Development Assessments

 

APOLOGIES AND LEAVE OF ABSENCE

 

RESOLVED - 17/372                                                                            Cr S Munro/Cr C Gryllis

That the apologies be accepted from Cr J Hamling (Deputy Mayor) and Cr A Brown for the Finance Policy Committee of Orange City Council on 1 August 2017.

 

1.1     DECLARATION OF PECUNIARY INTERESTS, SIGNIFICANT NON-PECUNIARY INTERESTS AND LESS THAN SIGNIFICANT NON-PECUNIARY INTERESTS

Nil


 

2       Committee Minutes

2.1     Minutes of the Audit and Risk Management Committee - 30 June 2017

TRIM Reference:        2017/1636

RESOLVED - 17/373                                                                                  Cr J Davis/Cr R Kidd

1      That the recommendations made by the meeting of the Audit and Risk Management Committee held on 30 June 2017 be adopted.

2      That the Council note that the development applications audit process has been satisfactorily finalised following the provision of additional information to Committee members.

 

 

3       General Reports

3.1     Statement of Bank Balances as at 30 June 2017

TRIM Reference:        2017/1534

RESOLVED - 17/374                                                                           Cr R Turner/Cr S Munro

That the information provided in the report by the Accounting Officer – Management on the Statement of Bank Balances as at 30 June 2017 be acknowledged.

 

 

3.2     Request for Financial Assistance

TRIM Reference:        2017/1599

RESOLVED - 17/375                                                                             Cr R Turner/Cr N Jones

1        That Council decline the donation requests of $5,000.00 cash event/major promotion sponsorship and $1,680.00 fee-waiver from G & S Willoughby as the requests are outside the scope of Council’s donations and sponsorship policy.

2        That Council approve $225.00 fee waiver for the Central West Charity Tractor Trek Group to be funded from the General Donations Budget.

 

 

MATTER ARISING

RESOLVED - 17/376                                                                                 Cr K Duffy/Cr R Kidd

That a report be provided in relation to Council supporting the Redhead Hunt 4 HD Guinness World Record attempt.

 

 

The Meeting Closed at 9.10AM.


Services Policy Committee                                                                      15 August 2017

5.1                       Recommendations and Resolutions from Policy Committees

Attachment 7      SPC 1 August 2017 Minutes


ORANGE CITY COUNCIL

 

MINUTES OF THE

Services Policy Committee

HELD IN Council Chamber, Civic Centre, Byng Street, Orange

ON 1 August 2017

COMMENCING AT 9.10pm


 1      Introduction

Attendance

Cr R Gander (Chairperson), Cr J Davis OAM (Mayor), Cr C Gryllis, Cr K Duffy, Cr N Jones, Cr R Kidd, Cr S Munro, Cr G Taylor, Cr R Turner, Cr J Whitton

General Manager, Director Corporate and Commercial Services, Director Development Services, Director Community, Recreation and Cultural Services, Director Technical Services, Manager Administration and Governance, Manager Corporate and Community Relations, Works Manager, Manager Engineering Services, Manager Development Assessments

 

APOLOGIES AND LEAVE OF ABSENCE

 

RESOLVED - 17/377                                                                            Cr S Munro/Cr C Gryllis

That the apologies be accepted from Cr J Hamling (Deputy Mayor) and Cr A Brown for the Services Policy Committee of Orange City Council on 1 August 2017.

 

1.1     DECLARATION OF PECUNIARY INTERESTS, SIGNIFICANT NON-PECUNIARY INTERESTS AND LESS THAN SIGNIFICANT NON-PECUNIARY INTERESTS

Nil


 

 

2       Committee Minutes

2.1     World War I Centenary Community Committee Minutes 18 July 2017

TRIM Reference:        2017/1616

RESOLVED - 17/378                                                                                  Cr R Kidd/Cr J Davis

That as there was not a quorum, Council note the recommendations made by the World War I Centenary Community Committee at its meeting held on 18 July 2017.

 

 

QUESTION TAKEN ON NOTICE                                                                                                   

Cr Kidd requested the WWI Community Committee consider a community event to commemorate the Battle of Passchendaele.

 

3       General Reports

3.1     Children's Services - Cessation of Community Support Programme (CSP) Funding

TRIM Reference:        2017/1336

RESOLVED - 17/379                                                                                  Cr R Kidd/Cr J Davis

1        That the report on Children’s Services – Cessation of Community Support Programme Funding be acknowledged.

2        That the Council undertake a review of the current Children’s Services business models and determine appropriate fees and charges of for each service for consideration in the 2018-2022 Delivery/Operational plan.

 

 

3.2     Tutoring fees

TRIM Reference:        2017/1278

RESOLVED - 17/380                                                                              Cr N Jones/Cr C Gryllis

That the report on Tutoring Fees be acknowledged.

 

   

The Meeting Closed at 9.18PM.


Council Meeting                                                                                          15 August 2017

 

 

5.2     Outstanding Questions Taken on Notice

TRIM REFERENCE:        2017/1718

AUTHOR:                       Michelle Catlin, Manager Administration and Governance    

 

 

EXECUTIVE Summary

Councillors have the opportunity to ask questions of the General Manager throughout Council and Committee meetings. While many questions asked can be answered at the meeting, or via a memo circulated to Councillors after the meeting, some questions require further action.

To ensure these questions are recorded and monitored, the attached table is updated, and is provided to Council for information.

Link To Delivery/OPerational Plan

The recommendation in this report relates to the Delivery/Operational Plan strategy “1.2 Our City - Information and advice provided for the decision-making process will be succinct, reasoned, accurate, timely and balanced”.

Financial Implications

Nil

Policy and Governance Implications

Nil

 

Recommendation

That the information provided in the report by the Manager Administration and Governance on Questions Taken on Notice be acknowledged.

 

further considerations

Consideration has been given to the recommendation’s impact on Council’s service delivery; image and reputation; political; environmental; health and safety; employees; stakeholders and project management; and no further implications or risks have been identified.

SUPPORTING INFORMATION

Attached is a table of outstanding questions taken on notice from the Council Meetings held from 15 November 2016 to present. Where action has been taken on a particular question, this is noted in the “action” column. A new section has been added to the report where a matter arising has been progressed as a works request so Councillors are provided with an update on those items that require works to be scheduled.

 

Attachments

1          Outstanding Questions Taken on Notice, 2014/745

 


Council Meeting                                                                                                                    15 August 2017

5.2                       Outstanding Questions Taken on Notice

Attachment 1      Outstanding Questions Taken on Notice

2014/745                                                                                                OUTSTANDING QUESTIONS TAKEN ON NOTICE

COUNCIL MEETINGS

Date of Meeting

Question

Responsible Staff Member

Action

Date for completion

1 August

2017

Cr Duffy requested Council add to the program of new footpaths both sides of Wakeford Street, both sides of March and Olver Streets in the vicinity of the nursing home and March Street between Hill and Sale Streets.

Director Technical Services

The General Manager indicated a report would be provided on the footpath program including Council’s adopted methodology for prioritising footpaths.

September 2017

Cr Duffy requested information on the timeline for sealing Springbank Lane.

Works Manager

That information be provided to Councillors.

September 2017

Cr Duffy requested a review of signage and speed limits on Burrendong Way, adjacent to recent roadworks.

Commercial & Emergency Services Manager

That a review be undertaken.

September 2017

Cr Duffy requested information on the economic benefit of the Northern Distributor Road.

Executive Support Manager

The report adopted by Council at its last meeting to be re-circulated to Councillors.

August 2017

Cr Kidd requested the WWI Community Committee consider a community event to commemorate the Battle of Passchendaele

Director Community Recreation and Cultural Services

The Centenary of Passchendaele – The Third Battle of Ypres, took place on 30 and 31 July 2017.

The WW1 Committee is not scheduled to meet again prior to the Council elections in 2017.

Completed

18 July

 

Cr Gryllis requested a report on the operation of the pedestrian crossing in Anson Street (between Summer Street and Kite Street) and options for improving the flow of pedestrian and vehicular traffic in this area.

Commercial and Emergency Services Manager

Memo provided to Councillors in weekly email on Friday 4 August 2017.

August 2017

4 July 2017

Cr Duffy requested information on the fees that applied to DA 162/2017(1) – Tree Removal – 64 March Street.

Director Development Services

Information provided to Councillors in weekly email on Friday 14 July 2017.

Completed

Cr Hamling requested the City of Orange Traffic Committee review:

·    The need for the taxi rank in Lords Place adjacent to the former Occidental Hotel

·    Disabled parking spaces in front of former Australia Cinema in Lords Place

·    Reports of speeding on the new Waratah link road.

Commercial and Emergency Services Manager

Reports to be provided to the City of Orange Traffic Committee.

The taxi rank has been removed.

The disable spaces are still used.

Traffic counters will be placed in Platinum Drive to ascertain speed.

August 2017

Cr Duffy requested a report on the small park that has been established in McNamara Lane, including the cost.

Director Community, Recreation & Cultural Services

Memorandum Issued to Councillors

August 2017

Cr Jones requested a report on the status of the smoke free zones in the CBD, to include the success or otherwise of the program.

Manager Building and Environment

Report to be provided to Council.

August 2017

22 June

2017

Council requested the City of Orange Traffic Committee consider the proposal to open Franklin Road at the Peisley Street intersection.

Commercial and Emergency Services Manager

Report submitted to July City of Orange Traffic Committee meeting and adopted by Council 1 August:

1     That Franklin Road not be opened up at the Peisley Street intersection.

2     That the proposal be referred to the RMS for comment.

Completed

Cr Kidd requested an update on Barkers Cottage at Lucknow.

Director Community, Recreation & Cultural Services

Memorandum Issued to Councillors

August 2017

6 June

2017

Cr Taylor requested concept plans for the Hill Street/William Maker Drive intersection be placed on Council’s website.

Director Technical Services

Concept plans to be placed on website.  Waiting on final drawings which are expected end July, early August

Early August 2017

Cr Gryllis requested an educational campaign be undertaken to inform the community of the benefits and purpose of the blisters being installed at various intersections.

Director Technical Services

It was agreed to list the issue of intersection treatments for a future Councillor Briefing to discuss the various compliance and design issues.

August 2017

Cr Hamling requested the opening date for the Toll hangar.

Commercial & Emergency Services Manager

Staff have contacted Toll who are yet to confirm.       

August 2017

Cr Kidd asked the following questions in relation to the Planning Proposal for the old hospital site:

·    Are there Council guidelines for unsolicited proposals?

·    How has Council entered into an option with a developer without going to the market?

·    Have other developers had the opportunity to also submit offers to Council?

·    How much are they paying for the land? Is it a good deal for the ratepayers?

·    Who is the agent?

Director Corporate and Commercial Services

General Manager provided advice at the meeting on unsolicited offers. The details of the unsolicited offer on the Old Hospital site were considered by Council as presented in the report to 7 March 2017. The report detailed the offer and identified the offer against a market appraisal. All land sales and purchases require a resolution of Council and price is identified and accepted by Council in this process. Information on agent provided to councillors via email 10 July 2017 (D17/38922).

Completed

18 April

2017

Cr Duffy requested the information on bats in Cook Park include reference to how Singleton have managed this issue.

Manager City Presentation

Memorandum Issued to Councillors

August 2017

4 April

2017

Cr Duffy asked about rats in William Street.

Manager Building and Environment

Matter to be investigated and information supplied to councillors.

June 2017

21 March

2017

Cr Duffy requested a report on the issue of bats in Cook Park and what action can be taken to remove the bats.

Manager City Presentation

Information to be circulated to Councillors.

July 2017

Cr Gryllis requested Council report on the possibility of making other water reserves available for recreational purposes to be provided as soon as possible.

Director Technical Services

Report taken to the 6 June 2017 meeting on Gosling Creek. Follow up report on Suma Park and Spring Creek to be provided.

August 2017

15 Nov 2016

Cr Duffy requested comparative information on infringements issued over 2015 under the manual system.

Director Development Services

Information to be provided to Councillors.

June 2017

 

 

 

 

 

 

 

 

 

 

                                                                                                                                                                                                                   

 

 

Entered into the Customer Request Management System

Cr Kidd requested maintenance on Huntley Road in the area of Bloomfield Road and Louie Lane.

 


Council Meeting                                                                                          15 August 2017

 

 

5.3     Statement of Investments - July 2017

TRIM REFERENCE:        2017/1742

AUTHOR:                       Brock Gannon, Financial Accounting Officer    

 

 

EXECUTIVE Summary

The purpose of this report is to provide a statement of Council’s investments held as at 31 July 2017.

Link To Delivery/OPerational Plan

The recommendation in this report relates to the Delivery/Operational Plan strategy “1.2 Our City - Information and advice provided for the decision-making process will be succinct, reasoned, accurate, timely and balanced”.

Financial Implications

Nil

Policy and Governance Implications

Nil

 

Recommendation

1        That Council receives the Statement of Investments as at 31 July 2017.

2        That Council receives and adopts the certification of the Responsible Accounting Officer.

 

further considerations

Consideration has been given to the recommendation’s impact on Council’s service delivery; image and reputation; political; environmental; health and safety; employees; stakeholders and project management; and no further implications or risks have been identified.

SUPPORTING INFORMATION

Section 212(1) of the Local Government (General) Regulation 2005 requires that a written report be presented each month at an Ordinary Meeting of the Council detailing all money that Council has invested under Section 625 of the Local Government Act 1993.

As at 31 July 2017, the investments held by Council totalled $115,229,510.36 and is attributed to the following funds.

 

 

31/07/2017

30/06/2017

General Fund

45,403,491.76

47,475,156.37

Sewer Local Fund

34,993,667.69

35,106,476.38

Water Supply Local Fund

34,832,350.91

37,716,976.43

Orange CBD Special Rate

 

 

115,229,510.36

120,298,609.18

A reconciliation of Council’s investment portfolio provides a summary of the purposes for which Council’s investments are being held.

 

Externally Restricted

31/07/2017

30/06/2017

General Fund

15,985,828.81

17,284,567.34

Water Fund

34,832,350.91

37,716,976.43

Sewer Fund

34,993,667.69

35,106,476.38

Auspiced

1,622,805.39

1,522,412.52

Internally Restricted

9,501,484.57

10,416,175.71

Unrestricted

18,293,372.99

18,252,000.80

115,229,510.36

120,298,609.18

 

 

Portfolio Performance

Council’s current Long Term Financial Plan establishes the benchmark for Council’s interest on investments at “75 basis points above the current cash rate”. The cash rate as at 31 July 2017 remained at 1.50%. The annualised average interest rate of Council’s investment portfolio at the same reporting date was 2.89% (weighted average 2.75%) which continues to exceed Council’s benchmark i.e. the cash rate of 1.50% plus 0.75% (or 75 basis points).

 

 

Council has also utilised the AusBond Bank Bill Index to provide a further benchmark focused towards long term investments. As at 31 July 2017, the AusBond rate was 1.73%. The annualised average interest rate of Council’s investment portfolio at the same reporting date was 2.89%.

Council’s adopted Investment Policy establishes limits in relation to the maturity terms of Council’s investments as well as the credit ratings of the institutions with whom Council can invest.

The following tables provide a dissection of Council’s investment portfolio as required by Council’s Investment Policy. The Policy identifies the maximum amount that can be held in a variety of investment products or with institutions based on their respective credit ratings.

Table 1 and Table 2 show the percentage held by Council (holdings) and the additional amount that Council could hold (capacity) for each respective category in accordance with limits as established by Council’s Policy.

 

Table 1: Maturity – Term Limits

Term to Maturity Allocation

Maximum

Holding

Capacity

0 - 3 Months

100.00%

10.39%

89.61%

3 - 12 Months

100.00%

62.84%

37.16%

1 - 2 Years

70.00%

5.69%

64.31%

2 - 5 Years

50.00%

21.08%

28.92%

5+ Years

25.00%

0.00%

25.00%

 

Table 2: Credit Rating Limits

 

Maximum

Holding

Capacity

AAA

100.00%

0.00%

100.00%

AA

100.00%

17.18%

82.82%

A

60.00%

44.85%

15.15%

BBB & NR

40.00%

37.97%

2.03%

Below BBB

0.00%

0.00%

0.00%

 

 

 

 

It should be noted that the amounts presented in this report will be audited as part of the preparation of Council’s General Purpose Financial Statements for the 2016/17 year and may be subject to change.

Certification by Responsible Accounting Officer

I, Kathy Woolley, hereby certify that all investments have been made in accordance with Section 625 of the Local Government Act 1993, Clause 212 of the Local Government (General) Regulation 2005 and Council’s Investment Policy.

 

 

 

 

 

 

 

  


Council Meeting                                                                                          15 August 2017

 

 

5.4     June 2017 Quarterly performance indicators

TRIM REFERENCE:        2017/1720

AUTHOR:                       Kathy Woolley, Director Corporate and Commercial Services    

 

 

EXECUTIVE Summary

The June quarter report on the performance indicators is presented to Council. The financial position is reported to Council in the end of year statements which are scheduled to be presented on 5 September 2017.

Link To Delivery/OPerational Plan

The recommendation in this report relates to the Delivery/Operational Plan strategy “1.2 Our City - Information and advice provided for the decision-making process will be succinct, reasoned, accurate, timely and balanced”.

Financial Implications

There is no required financial reporting with this quarter’s report as the end of year financial statements provide the position. These are currently being prepared and are to be presented to Council in draft on 5 September 2017 so they can be sent for Audit.

Policy and Governance Implications

Nil

 

Recommendation

That the report on the June 2017 Quarterly Performance Indicators be acknowledged.

 

further considerations

Consideration has been given to the recommendation’s impact on Council’s service delivery; image and reputation; political; environmental; health and safety; employees; stakeholders and project management; and no further implications or risks have been identified.

SUPPORTING INFORMATION

The last quarter of the 2016/17 year presented the following highlights:

OUR CITY

·    Three Councillors attended the National General Assembly of Local Government during the quarter.

·    Better Homes and Gardens filmed an episode at the Orange show.

·    Orange was selected to have a spot on the latest Australian Monolopy.

·    The total number of followers on Council’s web page increased by 13% during the quarter to 5,208 people. The lowest weekly reach was 12,000 people and the highest was 66,000, during the week of the Monopoly announcement.

·    The Your Say site within the Council website received 7,100 visits during the reporting period.

·    More than 50 media releases were issued in the quarter.

·    Council developed, exhibited and finalised the Integrated Planning and Reporting documents – Community Strategic Plan, Delivery/Operational Plan, Workforce Management Plan, Assets Management Strategy and Policy and Long Term financial Plan.

·    Orange Disability Inclusion Action Plan 2017-2021 was adopted by Council on 22 June 2017.  This was done jointly with Blayney and Cabonne Councils.

·    1,627 customer service requests were received during the quarter.

·    In addition to the $125,959 in the Delivery/Operational Plan for donations, a further $3,449.64 was donated in the quarter.

·    Council attended a Centroc Board meeting in NSW Parliament which was attended by representatives of the NSW Government including the Premier, Deputy Premier and eight Ministers.

·    During the quarter Council farewelled the two Mount Hagen residents who had been in the city undertaking trades training with Jeff Hort Engineering.

OUR COMMUNITY

·    Orange continued to host a number of major events during the quarter including:

o Round 1 of the 2017 NSW Karting Championships

o 2017 NSW Masters Road Cycling Championships

o Shute Shield Rugby Game - Easts V Gordon (televised live)

o 2017 NSW U/14's Rugby Championships

·    The World Health Organisation Age Friendly Cities action plan was reviewed by the Ageing and Access Committee on 4 May 2017.

·    Applications for the Mount Canobolas Mountain Bike Trail and Scout Camp upgrades were submitted in the Regional Growth Environment and Tourism Fund during the quarter. Almost $12M was requested for these projects.

·    Youth Week activities were conducted in partnership with relevant services from 31 March to 9 April. Activities included responded to the needs of a diversity of young people such as sporting, cultural and recreational activities including, movies, art workshops and Totem Skate School for approximately 600 people.

·    Merge activities included traditional Indigenous games, craft, sport and films for approximately 100 identified young people.

·    The Youth Action Council (YAC) planned and conducted a Pool Party with over 200 young people attending.

·    Council hosted Eastern Suburbs and Gordon Rugby teams at Wade Park for their Shute Shield Game in May 2017 with both clubs involved with junior coaching clinics in the lead up to the event.

·    10 community engagement events involving 129 community members were held at various sites including Ploughman's Hill Estate, Lake Canobolas, Suma Park, Clifton Grove, Gosling Creek, Bel Air and Nelson Park.

·    Over 1200 native tube stock were planted, 20m3 of mulch spread and 0.5 hectare of wood weeds controlled.

·    The road safety program Council shares with Cabonne Council delivered:

o Free Cuppa for the Driver Campaign

o 8 Child Restraint Checking Days

o 2 Helping Learner Drivers Become Safer Drivers workshops for parents and supervisors.

o Conducted campaigns on social media including: Be Seen Be Safe, Safe Cycling, Be Aware of Ice and Fog This Winter, Walk Safely and International Road Safety Week.

·    Regional Gallery exhibitions held included:

o The Private Pleasures/Public treasures exhibition - 50 private lenders in our region contribute to a very popular and well received exhibition.

o 20 works by Neil Cuthbert was launched in association with Friends of Orange Regional Gallery as their priority one fundraiser

o Exhibitions series 'Different Takes' continued with Cecilie Knowles presenting 'Common-Place: Works from the permanent Collection'.

·     Design options for the Orange Regional Conservatorium were completed.

·     The Library refurbishment was bedded down in the quarter.

·     210 registrations for the NSW and ACT Association of Family History Associations Conference to be held in Orange have been received.

·     Activities in the Orange regional Museum included:

·   Easter School holiday Rolling Railways - attended by 86 primary aged students. 

·   Friends of Orange Regional Museum officially launched on 11 April 2017 - approximately 80 attendees. 

·   Work commenced on the Paddock to Plate exhibition.

·    The 2016 Cultural Heritage Awards were held at Orange Regional Museum on 5

·    Choices at Home provided Food Services and Neighbour Aid Services including shopping, transport, meals, social support and minor home maintenance:

o Meals - 4,350

o Social Support- 2,050 hours

o Transport - 517 trips

o Home Maintenance – 154 hours

·     Refugee Week was celebrated in the quarter with the Orange Social Justice group at the Orange Museum, 80 people heard speakers from Amnesty International and Nuba Mountains, focusing on genocide in Nuba as well as the Days for Girls sewing program.

·    Social support services included weekly bus trips, community restaurant and a fortnightly Aboriginal Elder's information and activity session.

·    Child care centres above the target utilisation rates – averaging 84.86% across all centres.

OUR ECONOMY

·    Over 34,000 used the Visitor Information Centre in the quarter

·    3.5 star rating maintained at the Colour City Caravan Park and 54% occupancy higher than 50% target in the quarter.

·    Council assisted the following events in the quarter:

o Category 1 - small events (weddings and similar) - 9 events

o Category 2 - community events on Council land - 106 events

o Category 3 - events organised by Council staff - 29 events

·    Council assisted 231 businesses in the quarter through:

o Orange Shop Local program – 52 businesses participating – promotes local purchases

o 39 businesses were assisted with grant funding information

o 140 businesses responded to the survey for the Supply Directory project which will link businesses to offer opportunities for growth and efficiency gains.

·    The CBD refurbishment project survey works commenced in the quarter.

·    Almost 57,000 passengers used the airport in the year.

OUR ENVIRONMENT

·     Clearing of willows below the dam wall of Suma Park occurred with the assistance of the Clifton Grove Working party, adjoining land owner and Summerhill CreekCare.

·     207 inspections were undertaken by the weeds crew including 24 inspections of High Risk Pathways, 117 inspections of Council managed lands and 66 private property inspections.

·     Advice on 29 heritage matters was provided in the quarter.

·     500 domestic organics bin random bin audit undertaken to identify food waste and contamination content for future education strategies and determination of waste diversion capacity.

·     Four NSW Blue Stars Award submissions lodged by 30th June 2017 - Young Environmental Achievement Award, Cultural Heritage Award, Habitat Wildlife Guardianship Award and Waste Less, Recycle More Award.

·     141 development applications determined within a median time of 18 days.

·     53 construction certificate applications determined within a median of 19 days.

·     5 complying development certificates determined within a median time of 6 days.

·     373 149 certificates issued in a median time of 3 working days. As these are required for real estate sales contract, it is an indicator of the real estate market activity.

·     The Sewerage Treatment plan ultraviolet treatment processes project commenced.

·     Significant progress was made on the Central Tablelands pipeline project including:

o Installation of 21 km of water pipeline (around 35%)

o 3.5km (35%) of the sewerage pipeline between Spring Hill and Orange

·    Realignment of the reticulation main and renewal of 300mm diameter trunk main around the Moulder and Woodward Street roundabout was completed.

·    The East Orange Drainage channel widening between Byng and McLachlan Streets was completed.

·    Council has commenced the inspections of valves and hydrants in the water network with 30% of valves and 20% of hydrants having been inspected in the quarter.

·    The annual sewer mains relining program was completed.

·    Council continued its annual Water Meter Replacement Program (approximately 1,000 meters per year). In this quarter, Council has replaced 80 water meters at a cost of $140 per meter and has ordered an additional 1500 water meters for the 2017/18 Meter Replacement Program.

 

Attachments

1          Performance Indicators Report , D17/36820

 


Council Meeting                                                                                                                    15 August 2017

5.4                       June 2017 Quarterly performance indicators

Attachment 1      Performance Indicators Report

 

Quarterly Performance Indicators

Delivery/Operational Plan 2016/20

Quarter 4 - April to June 2017

 

 

 

 

 

D17/36820


Council Meeting                                                                                                                    15 August 2017

5.4                       June 2017 Quarterly performance indicators

Attachment 1      Performance Indicators Report

OUR CITY

Objective 1 - In complying with the Local Government Act, Environmental Planning and Assessment Act and other relevant legislation, decisions and planning are merit based, informed, impartial and consistent

Strategy 1.1 - Provide easily obtainable information on the legal responsibilities of Councillors, Council staff and the community

Ref

Task

Performance Indicator

Status

Progress Report

1.1.1

Maintain Delegations and Sub-Delegations Register

Review delegations to the General Manager in November annually - Due Quarter 2

n

Delegations register adopted by Council in June 2017. This had been delayed pending merger decisions.

Updates were made to the sub-delegations applying to staff during the quarter to reflect changes made to the Local Government Act 1993. Staff reminders were issued to acknowledge delegations during the quarter.

Update and distribute sub-delegations to staff in December annually - Due Quarter 2

1.1.2

Provide information to Councillors on training and development opportunities

Number of opportunities for training notified to Councillors - Due All Quarters

n

3 Councillors attended the National General Assembly of Local Government during the quarter.

1.1.3

Undertake testing of Council's Business Continuity Plan (BCP)

BCP tested and reviewed in December annually - Due Quarter 2

n

Testing of business continuity plans for main Council buildings has been completed. A new two-way radio system for wardens in the Civic Centre was implemented during the quarter. A training program was completed for wardens.

1.1.4

Maintain the Enterprise Risk Management System

Quarterly review of Corporate Risk Register and report to Council via the Audit and Risk Management Committee - Due All Quarters

n

The Enterprise Risk Management System was maintained during the quarter, with a minor review of the Corporate Risk Register undertaken and no significant variations identified. Ongoing reviews of risk assessment are occurring, as well as development of new risk assessments for project, operational functions and key issues as they arise. WHS issues reported to GM and Directors weekly. Results of safety audits are reported and monthly updates on risks arising from the audits are considered by the GM and Directors.   Minutes of the WHS Committee and Consultative Committee are reported to GM and Directors on quarterly basis. Minutes of the Audit and Risk Management Committee are presented to Council on a quarterly basis.  The Audit and Risk Committee reviews the Corporate risk register and signs off on the management processes used to manage risk.

Compliance reporting quarterly to Directors - Due All Quarters


Council Meeting                                                                                                                    15 August 2017

5.4                       June 2017 Quarterly performance indicators

Attachment 1      Performance Indicators Report

 

Objective 1 - In complying with the Local Government Act, Environmental Planning and Assessment Act and other relevant legislation, decisions and planning are merit based, informed, impartial and consistent

Strategy 1.1 - Provide easily obtainable information on the legal responsibilities of Councillors, Council staff and the community

Ref

Task

Performance Indicator

Status

Progress Report

1.1.5

Ensure Council maintains an internet and social media presence reflective of Council activities, services and facilities

Increase social media engagement and reach by 25% - Due Quarter 4

n

Orange City Council’s social media footprint was bolstered with publicity surrounding the visit of the Better Homes and Gardens team and subsequent screening of the show during the quarter. This had a flow-on effect to the visitOrange social media accounts.

Orange was chosen to be on the Australian Monopoly board. Social media launched the inclusion.

The total number of followers on the main council page increased by 13% during the quarter to 5,208 people. The lowest weekly reach was 12,000 people and the highest was 66,000, during the week of the Monopoly announcement.

The Your Say site within the Council website received 7,100 visits during the reporting period.

Maintain the Council website with weekly updates - Due All Quarters


Council Meeting                                                                                                                    15 August 2017

5.4                       June 2017 Quarterly performance indicators

Attachment 1      Performance Indicators Report

 

Objective 1 - In complying with the Local Government Act, Environmental Planning and Assessment Act and other relevant legislation, decisions and planning are merit based, informed, impartial and consistent

Strategy 1.2 - Information and advice provided for the decision-making process will succinct, reasoned, accurate, timely and balanced

Ref

Task

Performance Indicator

Status

Progress Report

1.2.1

Manage Council’s Records System

All incoming letters and emails to Council registered into Council's system daily and allocated to appropriate staff member - Due All Quarters

n

All incoming letters and emails to Council are registered into Council's electronic records system daily and allocated to the appropriate staff member for action.

1.2.2

Provide financial reporting with reference to the Long Term Financial Plan and Delivery/Operational Plan requirements

Annual financial statements finalised by November - Due Quarter 2

n

Quarterly report made on time.

Quarterly reports presented to Council within two months of the end of each quarter - Due All Quarters

1.2.3

Establish and support Council Meetings, Policy Committees and Council's Community Committee Network

Prepare and distribute agendas and reports for Ordinary Council and Policy Committee Meetings within three business days of the meetings - Due All Quarters

n

Agendas, minutes and reports are produced for Council and Policy Committee meetings within the required timeframes.

Annual report from the Audit and Risk Management Committee presented to Council in March 2017.

Review Council's Community Committee network structure in September annually  Due Quarter 1

Establish the annual Committee Meetings Schedule in September annually - Due Quarter 1

Undertake a strategic planning session with all Community Committees in September-October annually - Due Quarters 1 and 2

Review Charters of Community Committees in October annually - Due Quarter 2

Annual Report from the Audit and Risk Management Committee by April - Due Quarter 4

Report of complaints under Council's Code of Conduct to Council by December annually - Due Quarter 2


Council Meeting                                                                                                                    15 August 2017

5.4                       June 2017 Quarterly performance indicators

Attachment 1      Performance Indicators Report

 

Objective 1 - In complying with the Local Government Act, Environmental Planning and Assessment Act and other relevant legislation, decisions and planning are merit based, informed, impartial and consistent

Strategy 1.2 - Information and advice provided for the decision-making process will succinct, reasoned, accurate, timely and balanced

Ref

Task

Performance Indicator

Status

Progress Report

1.2.4

Implement Information Technology Strategy initiatives

Virtualisation server and storage hardware refresh replacement completed - Due Year 2

n

Scope document finalised for Virtualisation server and storage hardware refresh in late May 2017.  Project planned to be completed in 2017/18. This project had been delayed whilst awaiting merger decision.

Services Review - Review continuing for intranet and security.

The remote access system upgrade has been delayed until December 2017 due to supplier availability in related programs impacting on scheduling.

Records system upgrade commenced in the quarter and completed on 4th July 2017.

Review of cloud security and operational issues completed in March 2017.

Services review - desktop management system, online payment processing and other E-services, security, intranet software - Due Quarter 4

Remote access system upgrade - Due Quarter 4

Upgrade records management system - Due Quarter 4

Review cloud computing security and operational issues - Due Year 2

1.2.5

Achieve maximum return on the investment of Council's funds whilst adhering to all applicable legislative requirements and Council's policy

Monthly reports to Council on the performance of the investment portfolio - Due All Quarters

n

Monthly reports to Council on the investment portfolio complied with requirements.  .

As at 31 May 2017, the AusBond rate was 1.82%. The annualised average interest rate of Council’s investment portfolio at the same reporting date was 2.97%.


Council Meeting                                                                                                                    15 August 2017

5.4                       June 2017 Quarterly performance indicators

Attachment 1      Performance Indicators Report

 

Objective 1 - In complying with the Local Government Act, Environmental Planning and Assessment Act and other relevant legislation, decisions and planning are merit based, informed, impartial and consistent

Strategy 1.3 - Ensure a robust framework that supports the community’s and Council’s current and evolving activities, services and functions

Ref

Task

Performance Indicator

Status

Progress Report

1.3.1

Provide a framework for development in the City through the Orange Local Environmental Plan (OLEP) 2011, plans of management and the Development Control Plan (DCP)

Develop and have adopted Development Control Plan (DCP) 2014 by the end of 2016 - Due Quarters 1 and 2

n

Final draft for in-house review almost complete. 

1.3.2

Review and report on the five key areas of our environment (water, air, biodiversity, soil, salinity) through preparation of the State of Environment Report (SOE)

Publish the annual SOE by November - Due Quarter 2

n

State of the Environment Report prepared and submitted to the Department in November 2016.

1.3.3

Support the Local Emergency Management Committee (LEMC)

Finalise Council's input into local emergency planning in conjunction with key agencies - Due All Quarters

n

Cadia Valley representatives provided a presentation on a proposed communications tower south of Orange.

1.3.4

Support the Rural Fire Service

Provide ongoing support and advice to quarterly Bush Fire Management Committee Meetings and Bush Fire Liaison Meetings - Due All Quarters

n

Staff have attended the Bush Fire Liaison Committee and Bush Fire Management Committee meetings.


Council Meeting                                                                                                                    15 August 2017

5.4                       June 2017 Quarterly performance indicators

Attachment 1      Performance Indicators Report

 

Objective 1 - In complying with the Local Government Act, Environmental Planning and Assessment Act and other relevant legislation, decisions and planning are merit based, informed, impartial and consistent

Strategy 1.3 - Ensure a robust framework that supports the community’s and Council’s current and evolving activities, services and functions

Ref

Task

Performance Indicator

Status

Progress Report

1.3.5

Develop and implement the suite of Integrated Planning and Reporting documents

Comprehensive review of the Community Strategic Plan by June 2017 - Due Quarter 3

n

Community Strategic Plan not required by July 2017 due to NSW Government merger proposal. New election date of September 2017 now that merger proposal has been withdrawn will see the next Community Strategic Plan required to be updated in six months after September 2017.

A minor review of the current plan was completed in February to enable the creation of the 2017/18 - 2020/21 Delivery/Operational Plan and Resourcing Strategy.

Drafts of the Delivery/Operational Plan for the 2017/18 year and the subsequent three years commenced in the quarter with managers considering projected budgets and operational programs.

Resourcing Strategy elements were updated in the quarter.

Annual Report submitted on time.

Quarterly reports submitted on time.

Annual minor review of the Community Strategic Plan by February annually - Due Quarter 3

Finalisation of the Delivery/Operational Plan by June annually - Due Quarter 4

Review of the Resourcing Strategy by December annually to provide the Long Term Financial Plan, Assets Strategy and Workforce Management Plan - Due Quarter 2

Preparation of the Annual Report by October annually - Due Quarter 2

Undertake quarterly reviews of the Delivery/Operational Plan and report to Council - Due All Quarters


Council Meeting                                                                                                                    15 August 2017

5.4                       June 2017 Quarterly performance indicators

Attachment 1      Performance Indicators Report

 

Objective 1 - In complying with the Local Government Act, Environmental Planning and Assessment Act and other relevant legislation, decisions and planning are merit based, informed, impartial and consistent

Strategy 1.4 - Ensure a framework that Council’s policies, procedures and programs relate to the vision and directions of the Community Strategic Plan, including a disability action plan

Ref

Task

Performance Indicator

Status

Progress Report

1.4.1

Maintain a framework of relevant policies and procedures

Facilitate the review of Strategic Policies annually, with Code of Conduct reviewed in March, Code of Meeting Practice by April, and Councillors - Payment of Expenses and Provision of Facilities Policy reviewed in September - Due All Quarters

n

During the quarter, Council resolved to place on exhibition ST010 Code of Conduct, ST050 Code of Meeting Practice and ST001 Asbestos Management. Strategic policies adopted included ST009 Revenue and Pricing, ST007 Asset Management and ST011 City Engagement. 5 Operational Policies were reviewed, including Grievance, Leave Provisions, Employee Exit, Procedure and Relief Duties, and Flexible Working Arrangements.

Facilitate the review of Operational Policies annually - Due All Quarters

1.4.2

Ensure Councillors are made aware of key Policy requirements

Organise training for Councillors in Code of Conduct and Code of Meeting Practice related issued annually in April - Due Quarter 4

n

Information is circulated to Councillors as the need arises in relation to various policy requirements. An example is the further information provided to Councillors on the new Related Parties Policy and reporting requirements resulting from changes to the Accounting Code for Local Government.

1.4.3

Maintain and implement the Disability Action Plan 2012/16

Facilitate the implementation of tasks within the Disability Action Plan - Due All Quarters

n

Orange Disability Inclusion Action Plan 2017-2021 was adopted by Council on 22 June 2017. It has now been lodged with the NSW Disability Council and Local Government NSW.

Develop the 2017/20 Disability Inclusion Action Plan - Due Quarter 4


Council Meeting                                                                                                                    15 August 2017

5.4                       June 2017 Quarterly performance indicators

Attachment 1      Performance Indicators Report

 

Objective 2 - Provide multiple opportunities for the community to engage in planning, policy and advocacy for the development and direction of the City of Orange

Strategy 2.1 - Provide a flexible and adaptable community engagement process for gathering and disseminating information, ideas and responses. Engage with the community through a variety of formats including traditional media, emerging technologies, and Committees and forums

Ref

Task

Performance Indicator

Status

Progress Report

2.1.1

Promote Council's activities through media releases, media briefings and host community information sessions when appropriate

Host community information sessions on key projects and activities as appropriate - Due All Quarters

n

Council issued more than 50 media releases for the quarter. On average the Council communications team responded to two media requests for information daily. Separate to this there were also regular backgrounding briefings offered to the media.

During the quarter Council also organised 7 media events/opportunities that focussed on Council projects, facilities and activities and arranged another 17 interviews/photographs with council spokespeople.

Issue bulletins through the Council E-news service monthly - Due All Quarters

Issue media releases at a minimum of one weekly - Due All Quarters

Maintain Council's social media presence and provide information on a weekly basis via social media - Due All Quarters

Provide at least one media briefing per week - Due All Quarters


Council Meeting                                                                                                                    15 August 2017

5.4                       June 2017 Quarterly performance indicators

Attachment 1      Performance Indicators Report

 

Objective 2 - Provide multiple opportunities for the community to engage in planning, policy and advocacy for the development and direction of the City of Orange

Strategy 2.2 - Provide Council Customer Service that is easy to access and use, interactive and responsive

Ref

Task

Performance Indicator

Status

Progress Report

2.2.1

Provide a highly responsive customer service function

Undertake monthly training of Customer Service Team on key issues - Due All Quarters

n

The Team undertook resilience training sessions during the quarter.

All issues requiring action that are reported to Council via the website, phone, and email or in person are added to the Customer Request Management System within two days of receipt and allocated to the appropriate staff member.

1,627 requests were entered during the quarter. Council's after-hours phone service continues to be provided.

Customer service staff reminded of the Customer Service Obligation Policy.

 

All issues reported via Council's website or by phone/email to Council allocated to relevant staff member for attention within two business days - Due All Quarters

Continue to provide after-hours call answering service - Due All Quarters

Remind all staff of their obligations under Council's Customer Service Obligation Policy by June annually - Due Quarter 4

 


Council Meeting                                                                                                                    15 August 2017

5.4                       June 2017 Quarterly performance indicators

Attachment 1      Performance Indicators Report

 

Objective 2 - Provide multiple opportunities for the community to engage in planning, policy and advocacy for the development and direction of the City of Orange

Strategy 2.3 - Facilitate community input into local and regional strategic lobbying and advocacy initiatives for the needs and aspirations of the people of the City of Orange to external stakeholders

Ref

Task

Performance Indicator

Status

Progress Report

2.3.1

Maintain membership of key lobby groups to advance regional priorities

Build on relationships with key lobby groups including but not limited to CENTROC, NetWaste, Regional Development Australia, Central NSW Tourism, Regional Cities, Central West Libraries, Bathurst Orange and Dubbo Alliance, Association of Mining Related Councils, Central West Councils Environment and Waterways Alliance, Local Land Services - Due All Quarters

n

Council maintained strong relationships with regional and key lobby groups during the quarter, including NetWaste, Central West Libraries, Association of Mining Related Councils, Central West Councils (Centroc), Environment and Waterways Alliance and Crown Lands.


Council Meeting                                                                                                                    15 August 2017

5.4                       June 2017 Quarterly performance indicators

Attachment 1      Performance Indicators Report

 

Objective 3 - Provide appropriate frameworks that promote the identification, growth and development of current and future leaders

Strategy 3.1 - Provide opportunities for potential candidates who wish to stand for Local Government elections to become familiar with Council processes, activities and services

Ref

Task

Performance Indicator

Status

Progress Report

3.1.1

Ensure all requirements for the conduct of the election are undertaken within required timeframes

Ensure all advertising is conducted in accordance with timeframes set by the NSW Electoral Commissioner - Due Quarters 2, 3 and 4

n

With the Local Government Election for Orange confirmed to be held on 9 September 2017, planning is underway in conjunction with the NSW Electoral Commission. This has involved assisting with the establishment of the Returning Office and Counting Centre, as well as planning for promotion of the election, as well as planning for promotion of the election and the provision of information to people wishing to enrol to vote, or to nominate as a candidate.

Assist the NSW Electoral Commissioner in conducting the 2017 Local Government Election - Due Quarter 3


Council Meeting                                                                                                                    15 August 2017

5.4                       June 2017 Quarterly performance indicators

Attachment 1      Performance Indicators Report

 

Objective 3 - Provide appropriate frameworks that promote the identification, growth and development of current and future leaders

Strategy 3.2 - Provide a framework for staff to exercise the opportunity to build on and develop their leadership potential, as well as recognising the value of older workers

Ref

Task

Performance Indicator

Status

Progress Report

3.2.1

Implement the Workforce Management Plan

Implement succession planning for identified critical positions - Due Quarters 1 and 2

n

Work on engaging apprentices/trainees:

·      Finalising service level agreement with Skillset regarding management of apprentices.

·      Charles Sturt University Cadet Program commenced with the first Cadet Engineer starting in July 2017, this will increase to a maximum of 3 Cadets at any one time over the next 3 years.

EEO Plan action items as followed were delivered:

·      Training materials were developed to allow in-house delivery of Preventing Bullying and Harassment training in 2017/18.

·      The Grievance Policy and Procedure were reviewed and updated with the addition of Contact Officers and more guidance to staff on resolving concerns informally.

Human resources systems improvements included the implementation of a Learning Management System to replace the current e-learning program.

Council’s safety plan items completed in the quarter included:

·      Random drug and alcohol testing conducted in the quarter

·      A major review of the Council’s safety policies and systems commenced in the quarter.

WHS audits and inspections were completed under AS4801 and the National accreditation safety audit requirements in the quarter.  Contractor and volunteer inductions conducted in the quarter.

Leadership initiatives included corporate training in :

·      Dealing with Difficult Customers/Frontline Customer Service Training

·      Building Resilient Team Workshop for leaders

·      Asset Management – lifecycle.

Complete the action plan outlined in the Equal Employment Opportunity Management Plan - Due Quarter 4

Review the use of apprentices/trainees across Council including areas, engagement, support programs for supervisors/trainees - Due Quarter 3

Improve functionality of Human Resource Information Systems, including electronic leave and on-line timesheets - Due Quarter 4

Complete actions from Council's Safety Plan including the rollout of the Drug and Alcohol Policy, Smoke Free Workplace Policy and Asbestos Management Plan elements for employees, volunteers and contractors - Due All Quarters

Review the Employee Recognition Policy - Due Quarter 3

Undertake AS4801 Work Health and Safety Management System audits and inspections across Council work sites - Due All Quarters

Implement leadership programs including recruitment, performance management and new manager induction - Due Quarter 4


Council Meeting                                                                                                                    15 August 2017

5.4                       June 2017 Quarterly performance indicators

Attachment 1      Performance Indicators Report

 

Objective 3 - Provide appropriate frameworks that promote the identification, growth and development of current and future leaders

Strategy 3.3 - Recognise that members of the community will take different leadership pathways, the Council will support this growth and development through appropriate activities, initiatives and assistance

Ref

Task

Performance Indicator

Status

Progress Report

3.3.1

Apply Council's adopted Donations and Grants Policy to support the community

Report requests for support to Council quarterly - Due All Quarters

n

Requests for financial assistance (and donations) are reported to Council as each request is received. In addition to the $125,959 in the Delivery/Operational Plan, the following entities were funded for a total of $3,449.64 during the quarter:

- Bella Slattery
- Tianah Windiate
- David Hayward
- Eva Reith-Snare
- Olivia Malise Buckerfield
- Blossoms Rescue
- Lions Club of Orange
- Red Shield Appeal
- Duntryleague Golf Club
- Bloomfield Junior Rugby League Football Club


Council Meeting                                                                                                                    15 August 2017

5.4                       June 2017 Quarterly performance indicators

Attachment 1      Performance Indicators Report

 

Objective 4 - Build on the capacity of the City as a leader by participating in local, regional, national and global organisations, networks and initiatives

Strategy 4.1 - - Continue to deliver a leadership role as a major entity in the region and actively contribute to the future direction of local, regional and national initiatives to support and facilitate improved outcomes for the community

Ref

Task

Performance Indicator

Status

Progress Report

4.1.1

Engage with State and Federal Governments on funding and policy matters

Demonstrated advocacy on emerging strategic matters important to the City and region - Due All Quarters

n

Council met with the Deputy Secretary - Economic, Skills and Regional Development from NSW Department of Industry and the Regional Manager NSW Department of Industry from Orange regarding funding opportunities and regional development.

Council attended a Centroc Board meeting in NSW Parliament which was attended by representatives of the NSW Government including the Premier, Deputy Premier and eight Ministers.

Council also met with NSW Government representatives investigating funding priorities during the quarter.

Ongoing liaison with the NSW Department of Primary Industry about their upgrade/relocation to a new site in the City were undertaken.

 

 


 

Objective 4 - Build on the capacity of the City as a leader by participating in local, regional, national and global organisations, networks and initiatives

Strategy 4.2 -Actively contribute to the future direction of international strategic initiatives to build capacity and cross-cultural understanding

Ref

Task

Performance Indicator

Status

Progress Report

4.2.1

Maintain Sister Cities relationships with Timaru, New Zealand; Ushiku, Japan; Orange, California; Mt Hagen, Papua New Guinea

Support opportunities for cultural exchange - Due All Quarters

n

During the quarter Council farewelled the two Mount Hagen residents who had been in the city undertaking trades training with Jeff Hort Engineering. Preliminary discussions were held on the next stage of this scheme.

Council also had preliminary discussions with local government representatives in Mount Hagen regarding updating the 10 years Mount Hagen City Plan that covered 2007-2017. It was suggested that as a nationwide PNG election is due this year the updating should proceed post that election. Costs assessment of the suggested visit need to be determined as this initiative has previously been part funded by AusAid.

Finalise employment skills exchange program with Mt Hagen - Due Quarter 2


Council Meeting                                                                                                                    15 August 2017

5.4                       June 2017 Quarterly performance indicators

Attachment 1      Performance Indicators Report

OUR COMMUNITY

Objective 5 - Provide a broad range of equitable and affordable opportunities for the community to enjoy a healthy and active lifestyle

Strategy 5.1 - Identify changing community aspirations and undertake community engagement and planning for the creation of open spaces, recreational facilities and services, recognising the special needs of older people and those with disabilities

Ref

Task

Performance Indicator

Status

Progress Report

5.1.1

Engage with the community in the planning and development of public open space

Through the Parks, Trees and Waterways Community Committee and other community workshops engage on four occasions per year in the development of public open space - Due All Quarters

n

In a collaborative approach with the Friends of the Orange Botanic Gardens and the Central Tablelands Heritage Rose Group a way forward to assist with the maintenance of the Heritage Rose Garden has been achieved. To assist with the maintenance of the Rose Garden, the Friends Group and Council offer labour and resources to enable Rose Group volunteers to remain active, utilise their extensive knowledge and skills to maintain areas of the rose collection within their capacity. Liaison and concept planning for improvements to the Orange Botanic Gardens continues to occur with the Friends Group for the development of the Native Display Garden.

Cook Park Master Plan reviewed by December 2016, then annually - Due Quarter 2

Botanic Gardens Master Plan reviewed by December 2016, then annually - Due Quarter 2


Council Meeting                                                                                                                    15 August 2017

5.4                       June 2017 Quarterly performance indicators

Attachment 1      Performance Indicators Report

 

Objective 5 - Provide a broad range of equitable and affordable opportunities for the community to enjoy a healthy and active lifestyle

Strategy 5.1 - Identify changing community aspirations and undertake community engagement and planning for the creation of open spaces, recreational facilities and services, recognising the special needs of older people and those with disabilities

Ref

Task

Performance Indicator

Status

Progress Report

5.1.2

Increase and improve public open space accessibility and facilities for a broad range of members of the community

Sir Jack Brabham Park Sports Centre - Stage 1 commenced - Due Quarter 3

n

The installation of the upgraded Billabong Boardwalk is nearing completion, providing a more accessible, aesthetic and inspiring connection with nature.

Renewal of the Orange Botanic Garden's Billabong boardwalk - Due Quarter 3

5.1.3

Increase utilisation and functionality of the Orange Showground

Develop and implement a plan for the improvement and increased utilisation of the Orange Showground - Due All Quarters

n

Works have been completed on the Showground Pavilion which is now available for use.


Council Meeting                                                                                                                    15 August 2017

5.4                       June 2017 Quarterly performance indicators

Attachment 1      Performance Indicators Report

 

Objective 5 - Provide a broad range of equitable and affordable opportunities for the community to enjoy a healthy and active lifestyle

Strategy 5.2 - Maintain and renew recreational spaces and infrastructure assets as specified within the Asset Management Plan at agreed levels of service to optimise community use

Ref

Task

Performance Indicator

Status

Progress Report

5.2.1

Implement maintenance programs/activities to ensure parks infrastructure (seats, signs, fences, pathways and playgrounds) are maintained to service levels as outlined in the Public Open Space Asset Management Plan

Engage playground consultant to undertake safety audit for compliance with Australian Standards every two years - Due Quarter 4

n

Costs of engaging playground consultant prohibitive and project has been deferred .

Playgrounds inspected monthly and visual inspection sheets entered into electronic document management system.

Service organisations / youth groups approached to assist with oiling of playground; limited response oiling deferred.

Deferred to three yearly due to significantly higher costs involved in engaging a consultant.

Moulder Park works deferred due to seek supporting grant funding to enhance objectives

Undertake playground inspections for each playground on a monthly basis - Due All Quarters

Re-oil the Orange Adventure Playground by June every two years - Due Quarter 4

Moulder Park Master Plan works - Due Quarter 4

Replacement of pedestrian timber bridges in Moulder Park - Due Quarter 3

5.2.2

Implement the renewal and enhancement of recreational assets

Renewal of Wade Park floodlighting - Due Quarter 4

n

Quotations obtained for Wade Park floodlighting – these have been, reviewed and work deferred whilst alternative light solutions (technologies) / opportunities are being investigated to achieve maximum lux with the funding available.

Upgrades to the play facilities have been installed two new local play spaces in the urban growth area of north Orange:

·      Waratahs estate;

·      Brooklands estate.

Both facilities offer inclusive play opportunities as appropriate for a local facility.

Council considered further plans on the Robertson Park toilets.  Works have not been completed and will be carried into the 2017/18 year.

Through programmed activities Council's ovals and playing surfaces undergo renovation works to improve the turf coverage, assist with drainage and aeration to provide quality playing surfaces for all levels of sporting competition.

Orange Botanic Gardens - implement Hydrology Study - Roselawn Drive stormwater detention basin upgrade - Due Quarter 4

Upgrade Play Facilities - Due Quarter 4

Sir Jack Brabham Park - installation of playground - Due Year 2

Max Stewart Oval - installation of training lights - Due Year 2

Construct Robertson Park toilets - Due Quarter 4

Rosewood Oval - installation of training lights - Due Year 3

 

Objective 6 - Encourage and support the development and growth of sport, recreational, healthy and active living pursuits, that are inclusive and adapted to the needs of a diverse community

Strategy 6.1 - Identify changing community aspirations and undertake community engagement and planning for the development and support of sporting and recreational services

Ref

Task

Performance Indicator

Status

Progress Report

6.1.1

Conduct and implement an annual planning process to assess the needs of our ageing population in line with the principles of an Aged Friendly Community

Annual planning session conducted and implementation of the Action Plan  Due Quarter 2

n

The World Health Organisation Age Friendly Cities action plan was reviewed by the Ageing and Access Committee in its quarterly meeting on 4 May 2017.

Quarterly meetings of the Ageing and Access Community Committee to review the Action Plan - Due All Quarters


Council Meeting                                                                                                                    15 August 2017

5.4                       June 2017 Quarterly performance indicators

Attachment 1      Performance Indicators Report

 

Objective 6 - Encourage and support the development and growth of sport, recreational, healthy and active living pursuits, that are inclusive and adapted to the needs of a diverse community

Strategy 6.2 - Seek innovative and creative solutions in partnership with key stakeholders that convert the demonstrated community need for sporting and recreational services/facilities to infrastructure and activities

Ref

Task

Performance Indicator

Status

Progress Report

6.2.1

Work with existing and emergent groups to enhance and develop sporting and recreational infrastructure and activities

Implement Council's Sports Facility Partnership Program (minor grants) and Sports Participation Program - Due Quarter 3

n

Council's Sports Facilities Partnership grants budget was fully expended when grants were awarded in Quarter 1 of the 2016/17 financial year.

Detailed planning for the Cricket Centre of Excellence at Wade Park has commenced with DA expected to be lodged by the end of Quarter 4.

Development of Cricket Centre of Excellence - Wade Park - Due Quarter 4

6.2.2

Development of recreational sporting precinct

Development of concept plan and preliminary costing - Due Quarter 4

n

Purchase of rectangular playing field site concluded. Planning proposal included an initial concept plan

6.2.3

Develop the Canobolas Precinct

Develop the Mount Canobolas precinct for mountain bike activities - Due Year 2

n

 

 

 

 

n

Council has written to the Minister for Environment and Minister for Heritage requesting an amendment to the Plan of Management to permit Mountain Biking within the Mt Canobolas SCA and has also met with the Minister for Trade, Tourism and Major Events and Minister for Sport to discuss the Mountain Bike Trail proposal. Council has been advised that the Plan of Management review process is likely to commence in September 2017.

Works on the Lake Canobolas Pump House have been deferred to 2017/18.

Improvements to the Pump House - Due Quarter 4

6.2.4

Fund works at the Scout Camp

Report on facilities upgraded - Due Quarter 1

n

Documents for the Deed of Surrender of Lease and MOU have been sent to Scouts Australia for consideration and signature. $1.8M EOI application submitted under the funding program Regional Growth Environment and Tourism Fund. Council continues to work on the improved sewerage project for Canobolas Scout Camp and Lake Canobolas area.

6.2.5

Install solar lighting on Emmaville cottage

Installation of lighting - Due Quarter 4

n

Lighting has been installed inside the cottage.


Council Meeting                                                                                                                    15 August 2017

5.4                       June 2017 Quarterly performance indicators

Attachment 1      Performance Indicators Report

 

Objective 6 - Encourage and support the development and growth of sport, recreational, healthy and active living pursuits, that are inclusive and adapted to the needs of a diverse community

Strategy 6.3 - Ensure the sporting and recreational facilities, programs, activities and health programs provided by Council are effectively and efficiently managed, affordable and support healthy lifestyle choices

Ref

Task

Performance Indicator

Status

Progress Report

6.3.1

Support and work with sporting organisations to secure events for the Orange region

Support at least five major events annually - Due All Quarters

n

Orange continued to host a number of major sporting events during the fourth quarter reporting period, including:

- Round 1 of the 2017 NSW Karting Championships
- 2017 NSW Masters Road Cycling Championships
- Shute Shield Rugby Game - Easts V Gordon (televised live)
- 2017 NSW U/14's Rugby Championships

6.3.2

Operate the Orange Aquatic Centre

Ensure the Centre complies with Royal Life Saving Society and NSW Health guidelines through satisfactory results in all audits - Due Quarters 2 and 4

n

Regular water testing has been completed in this period with no abnormalities found.

The Learn to Swim numbers for the April to June gave a total of 572 participants.  Occupancy rate 78.49%. Lower rates are typical in winter months. Bookings indicate higher occupancy in the coming quarter.

The new lift and change facilities have been completed and are now in operation.

There have been 137,025 patrons using the facility.

 

 

Maintain 90% occupancy rate for all learn to swim classes - Due All Quarters

Upgrade Aquatic Centre changerooms - Due Year 2

Walkway between amenities and Café - Due Quarter 4

Repair wet deck, diving pool - Due Year 4


Council Meeting                                                                                                                    15 August 2017

5.4                       June 2017 Quarterly performance indicators

Attachment 1      Performance Indicators Report

 

Objective 6 - Encourage and support the development and growth of sport, recreational, healthy and active living pursuits, that are inclusive and adapted to the needs of a diverse community

Strategy 6.4 - Encourage partnerships with community groups, government agencies and the business sector for the achievement of improved healthy lifestyle choices for the community

Ref

Task

Performance Indicator

Status

Progress Report

6.4.1

Provide recreational activities for older people, people with a disability and younger people to support healthy and active living

Provide recreational activities including after school and school holiday activities for identified young people - Due All Quarters

n

Youth Week activities were conducted in partnership with relevant services from 31 March to 9 April. Activities included responded to the needs of a diversity of young people such as sporting, cultural and recreational activities including, Movies, Art Workshops and Totem Skate School for approximately 600 people.

Merge activities included Traditional Indigenous Games, craft, sport and films for approximately 100 identified young people.

The Youth Action Council (YAC) planned and conducted a Pool Party with over 200 young people attending.

Designing Futures has included successful participation in the local basketball and netball competitions and a variety of cultural and other sporting competitions.

Choices at Home staff coordinated social support activities for Aboriginal Elders, older men's and women's group. Activities included community restaurants, bus trips and movies.

All services are delivered in line with relevant standards and legislation.

Compliance with the Commonwealth Home Care Standards, NSW Disability Service Standards, NSW Disability Inclusion Act 2014 and the Children and Young Persons (Care and Protection) Act 1998 - Due Quarter 4

Provide a range of recreational activities as part of Seniors Week and International Day of People with a Disability annually - Due Quarters 2 and 3

6.4.2

Support and work with community organisations and agencies to develop and operate programs which have a positive impact on community health

Provide support for three events annually- Due All Quarters

n

Council hosted Eastern Suburbs and Gordon Rugby teams at Wade Park for their Shute Shield Game in May 2017 with both clubs involved with junior coaching clinics in the lead up to the event.

6.4.3

Engage the community in the Parks Alive program and environmental activities

Deliver four school programs, four educational programs and four community events per annum - Due Quarter 4

n

10 community engagement events involving 129 community members were held at various sites including Ploughman's Hill Estate, Lake Canobolas, Suma Park, Clifton Grove, Gosling Creek, Bel Air and Nelson Park.

Over 1200 native tube stock were planted, 20 m3 of mulch spread and 0.5 hectare of wood weeds controlled.


Council Meeting                                                                                                                    15 August 2017

5.4                       June 2017 Quarterly performance indicators

Attachment 1      Performance Indicators Report

 

Objective 7 - Encourage resident and Government involvement to ensure a supportive and safe City

Strategy 7.1 - Feel safe in our homes and wider community by undertaking community engagement to keep plans and policies current for crime prevention, emergency service response, community safety and amenity, and promoting healthy and accessible links for older people and youth

Ref

Task

Performance Indicator

Status

Progress Report

7.1.1

Engage the community in addressing crime

Participate in Crime Prevention Partnership (CCP) - Due All Quarters

n

Application submitted to ClubGRANTS for funding to promote Operation Never Again.

Council representation at the Community Safety Precinct meeting called by the Canobolas Local Area Commander (LAC).

Council officers attended a Orange Liquor Accord meeting.

Participate in the Orange Liquor Accord - Due All Quarters

Promote the Operation Never Again program - Due All Quarters

7.1.2

Evaluate the implementation of the Children (Protection and Parental Responsibility) Act 1997 using collected data and community perception surveys

Compile and submit six monthly reports to the Attorney General on the implementation of the Act - Due Quarter 2

n

Next report is due July 2017.


Council Meeting                                                                                                                    15 August 2017

5.4                       June 2017 Quarterly performance indicators

Attachment 1      Performance Indicators Report

 

Objective 7 - Encourage resident and Government involvement to ensure a supportive and safe City

Strategy 7.2 - Seek innovative and creative solutions in partnership with key stakeholders that respond to the community’s need for a safe and secure City including infrastructure and activities, recognising the needs of older people and those of younger people

Ref

Task

Performance Indicator

Status

Progress Report

7.2.1

Conduct the Orange and Cabonne Road Safety Program

Deliver the Road Safety Officer Action Plan - Due All Quarters

n

Completed the Free Cuppa for the Driver Campaign, held 8 Child Restraint Checking Days, 2 Helping Learner Drivers Become Safer Drivers workshops for parents and supervisors.

Conducted campaigns on social media including: Be Seen Be Safe, Safe Cycling, Be Aware of Ice and Fog This Winter, Walk Safely and International Road Safety Week.

Presented at 3 PCYC Traffic Offenders Intervention programs.

Local Government Road Safety Action drafted and successfully submitted.

7.2.2

Manage companion animals within the City

Review Companion Animals Management Plan annually - Due Quarter 4

n

Companion animals plan did not get updated.

Expressions of Interest has been called for provision of animal shelter facilities (dogs and cats) relating to both short term and long term solutions.  Until a solution which identifies and provides an alternative shelter, Council will continue to have a short term service with the RSPCA.

Ranger Services continued to be provided to a high level during the last quarter, with staff responding to 342 incidents and complaints.  Of these, 28 were attacks, 3 were dangerous dog complaints, 153 noise complaints,  25 nuisance complaints and 133 complaints of stray dogs.

Deliver Ranger Services - Due All Quarters

7.2.3

Manage abandoned articles within the City

Report abandoned shopping trolleys to stores - Due All Quarters

n

Staff continued to report abandoned articles, including shopping trolleys – in excess of 100 were impounded. 

7.2.4

Increase the safety of pedestrians and cyclists

Deliver an education program to improve driver awareness of pedestrians and cyclists - Due Quarter 4

n

Presented a Use the Road Safely workshop.

Shared safe cycling messages with Ride Orange FaceBook page and the Orange and Cabonne FaceBook pages.


Council Meeting                                                                                                                    15 August 2017

5.4                       June 2017 Quarterly performance indicators

Attachment 1      Performance Indicators Report

 

Objective 8 - Support the growth and development of a responsive, creative, innovative, learning and culturally rich community that is inclusive and adapted to the needs of a diverse population

Strategy 8.1 - Identify changing community aspirations and undertake community engagement and planning for the development of cultural facilities and services that reflect the interests and aspirations of the broader and culturally diverse community

Ref

Task

Performance Indicator

Status

Progress Report

8.1.1

Implement the Central West Libraries Strategic Plan

Actions implemented in accordance with the Strategic Plan - Due All Quarters

n

All actions identified in the Central West Libraries Strategic Plan for this period addressed.

8.1.2

Implement the Orange Civic Theatre and Orange Function Centre Strategic Plan

Actions implemented in accordance with the Strategic Plans - Due All Quarters

n

In accordance with the Strategic plan an annual marketing and programming policy has been implemented.

Develop a policy for programming to provide artistic direction and assist in selective processes - Due Quarter 3

Develop annual Strategic Marketing Plans - Due Quarter 3

8.1.3

Engage the community in the development of the Region Art Gallery's programs

Meet quarterly with the advisory group to assess exhibition proposals - Due All Quarters

n

A new series application process has been finalised and will be launched in July 2017, providing a clear and supportive pathway for artists from across the central west to apply for exhibitions and receive professional development opportunities from their Regional Gallery.

 

Seek input from teachers in the development of the educational program on an ongoing basis - Due All Quarters

Provide opportunities for individuals and community groups to propose exhibitions and associated programs, through application on Gallery's website with applications assessed quarterly - Due All Quarters


Council Meeting                                                                                                                    15 August 2017

5.4                       June 2017 Quarterly performance indicators

Attachment 1      Performance Indicators Report

 

Objective 8 - Support the growth and development of a responsive, creative, innovative, learning and culturally rich community that is inclusive and adapted to the needs of a diverse population

Strategy 8.1 - Identify changing community aspirations and undertake community engagement and planning for the development of cultural facilities and services that reflect the interests and aspirations of the broader and culturally diverse community

Ref

Task

Performance Indicator

Status

Progress Report

8.1.4

Improve the visitor experience through increased functionality of galleries and associated public spaces

Install windows in West Room - Due Year 2

n

The DA plans have been completed by Still Space Architects and will be submitted in July 2017. Create NSW have approved the delay in works, which are scheduled to take place between November 2017 and February 2018 (Subject to DA Approval.) See attached documents.

The Concept plans for the extension of the gallery have also been received from Still Space architects and a QS is being sought from a local provider.

Replace blinds - Due Year 2

Complete minor modifications to walls and storage areas in the West Room - Due Year 2

Upgrade furniture - Due Year 2

Install data projector and associated equipment - Due Year 2


Council Meeting                                                                                                                    15 August 2017

5.4                       June 2017 Quarterly performance indicators

Attachment 1      Performance Indicators Report

 

Objective 8 - Support the growth and development of a responsive, creative, innovative, learning and culturally rich community that is inclusive and adapted to the needs of a diverse population

Strategy 8.1 - Identify changing community aspirations and undertake community engagement and planning for the development of cultural facilities and services that reflect the interests and aspirations of the broader and culturally diverse community

Ref

Task

Performance Indicator

Status

Progress Report

8.1.5

Profile the Gallery and engage the community in its programs through media coverage, advertising and promotional elements

Ensure exhibitions and programs are promoted through print and other media, advertising is placed and promotional elements such as brochures and signage are produced - Due All Quarters

n

The gallery is increasing its reach in the online space with increased visits to the website and a growing Facebook and Instagram presence.

8.1.6

Reduce the carbon footprint of the Gallery

Investigate energy efficient devices for gallery lighting - Due Year 2

n

Due in 2017/18

8.1.7

Manage the Gallery collection to museum industry standards

Complete the migration of database records to the new Content Management System (Vernon) - Due all Quarters

n

Progressed getting the Museum and Gallery's collections online and accessible to the public and have purchased the online module of software to enable this next step.

Designs received and being costed for storage.

Maintain up to date records to reflect acquisitions and disposals, and new information located about the works held in the collection - Due All Quarters

Identify and pursue opportunities for improvements to collection storage facilities - Due Quarter 4


Council Meeting                                                                                                                    15 August 2017

5.4                       June 2017 Quarterly performance indicators

Attachment 1      Performance Indicators Report

 

Objective 8 - Support the growth and development of a responsive, creative, innovative, learning and culturally rich community that is inclusive and adapted to the needs of a diverse population

Strategy 8.1 - Identify changing community aspirations and undertake community engagement and planning for the development of cultural facilities and services that reflect the interests and aspirations of the broader and culturally diverse community

Ref

Task

Performance Indicator

Status

Progress Report

8.1.8

Deliver the Orange Regional Gallery Exhibition, Education and Public Programs

Plan and implement an engaging program of exhibitions across a diverse range of art forms to attract a broad range of visitors in accordance with the exhibition timetables and budgets - Due All Quarters

n

Exhibitions held:

·      The Private Pleasures/Public treasures exhibition -  50 private lenders in our region contribute to a very popular and well received exhibition.

·      20 works by Neil Cuthbert was launched in association with Friends of Orange Regional Gallery as their priority one fundraiser

·      Exhibitions series 'Different Takes' continued with Cecilie Knowles presenting 'Common-Place: Works from the permanent Collection'.

Plan and implement a program of structured educational activities for select exhibitions throughout the year for primary and secondary students in accordance with the educational plan timeframes and budget - Due All Quarters


Council Meeting                                                                                                                    15 August 2017

5.4                       June 2017 Quarterly performance indicators

Attachment 1      Performance Indicators Report

 

Objective 8 - Support the growth and development of a responsive, creative, innovative, learning and culturally rich community that is inclusive and adapted to the needs of a diverse population

Strategy 8.1 - Identify changing community aspirations and undertake community engagement and planning for the development of cultural facilities and services that reflect the interests and aspirations of the broader and culturally diverse community

Ref

Task

Performance Indicator

Status

Progress Report

8.1.9

Delivery Annual Performing Arts Program

Develop and implement an annual subscription season and performing arts program across a diverse range of genres - Due Quarter 3

n

2018 Subscription Season nearing completion with community engagement opportunities in place - these include cross divisional opportunities, Indigenous, music, dance, circus, children's productions, workshops, mainstream and challenging performances.

Present a dedicated annual children's program for primary and secondary students - Due Quarter 2

Provide support and assistance to schools and the Orange Eisteddfod Society to present well managed programs - Due All Quarters

Through the "Road Works" and "Blak Lines" consortium, present two works which provide audience engagement opportunities - Due Quarter 2

Develop an annual satisfaction survey of patrons and hirers - Due Quarter 3


Council Meeting                                                                                                                    15 August 2017

5.4                       June 2017 Quarterly performance indicators

Attachment 1      Performance Indicators Report

 

Objective 8 - Support the growth and development of a responsive, creative, innovative, learning and culturally rich community that is inclusive and adapted to the needs of a diverse population

Strategy 8.1 - Identify changing community aspirations and undertake community engagement and planning for the development of cultural facilities and services that reflect the interests and aspirations of the broader and culturally diverse community

Ref

Task

Performance Indicator

Status

Progress Report

8.1.10

Develop the cultural and community facilities within the Civic Precinct

Concept planning prepared for the precinct by June 2017 - Due Quarter 4

n

See item 8.1.11

8.1.11

Development of options for new Planetarium and Conservatorium

Project Plan for approved project implemented according to budget and timeframes - Due Quarter 4

n

Design for options for Orange Regional Conservatorium and Planetarium have been finalised and presented to user groups. Feedback will be incorporated into the detailed design for DA lodgement.


Council Meeting                                                                                                                    15 August 2017

5.4                       June 2017 Quarterly performance indicators

Attachment 1      Performance Indicators Report

 

Objective 8 - Support the growth and development of a responsive, creative, innovative, learning and culturally rich community that is inclusive and adapted to the needs of a diverse population

Strategy 8.2 - Seek innovative and creative solutions in partnerships with key stakeholders that convert the demonstrated community need for cultural services/facilities to infrastructure and activities

Ref

Task

Performance Indicator

Status

Progress Report

8.2.1

Deliver the Orange Library Service

Deliver the Library Service in accordance with the Central West Libraries Strategic Plan and Central West Libraries Joint Agreement - Due All Quarters

n

Requirements of the Strategic Plan and the Joint Agreement were met.

Library services bedded down following the refurbishment of Orange City Library.

Registration for the NSW and ACT Association of Family History Associations Conference opened with 210 registrations received by 30 June 2017.

Early childhood literacy programs offered weekly during school term – Storytime (4 x per week), Music for Little Ears (2 x per week), One, Two Book! (1 x per week), 10 Minutes a Day (1xper week).

Appropriate signage included in the Library as part of refurbishment project to indicate Indigenous collections. Staff continued to participate in Cultural Awareness training.

 

Commemorate the Library's 60th birthday in November 2016 - Due Quarter 2

Develop a calendar of events and activities by January annually - Due Quarter 3

Host the 2017 NSW and ACT Family History Association Annual Conference - Due All Quarters

Provide early childhood literacy programs that meet National Public Library Standards and Guidelines  Due All Quarters

Implement NSW Public Libraries Strategy for indigenous services - Due All Quarters

8.2.2

Make the Library's heritage collections available on-line

Continue to add digitised and digital content to the Spydus Library Management System - Due Quarter 3

n

Work continues on identification of historic photographs which are included in the online Spydus digital repository.


Council Meeting                                                                                                                    15 August 2017

5.4                       June 2017 Quarterly performance indicators

Attachment 1      Performance Indicators Report

 

Objective 8 - Support the growth and development of a responsive, creative, innovative, learning and culturally rich community that is inclusive and adapted to the needs of a diverse population

Strategy 8.2 - Seek innovative and creative solutions in partnerships with key stakeholders that convert the demonstrated community need for cultural services/facilities to infrastructure and activities

Ref

Task

Performance Indicator

Status

Progress Report

8.2.3

Link visual arts with other organisations via partnerships and other innovative shared events

Identify and pursue additional funding - Due Quarter 3

n

The Gallery has been fully engaged in preparations our major partnership exhibition ARTIST PROFILE: Australasian Painters 2007 -2017. The exhibition brings together an impressive selection of works by over 140 artists featured in Artist Profile magazine over its 10 year history.

The Gallery maintains its strong relationship with NSW Health in the continuation of the Arts in Health program which offers an engaging program of visual arts for both patients and visitors. ORG actively engages with patients with Mental illness as part of the program.

Collaborate with other organisations to produce two events per annum - Due Quarter 4

Participate in regional festivals with a minimum of two per annum - Due Quarter 4

Conduct programs associated with Arts and Health with a minimum of two per annum - Due Quarter 4

8.2.4

Engage the community in the development of programs for the Orange Regional Museum

Develop innovative learning and educational resources to assist teachers and students to engage in the Museum's programs and activities - Due All Quarters

n

The Easter School holiday Rolling Railways was attended by 86 primary aged students. 

The Friends of Orange Regional Museum held its official launch on Tuesday 11 April, 2017 with approximately 80 attendees. 

Work with young people to create opportunities to contribute to the content and programs of the Museum - Due All Quarters

Create opportunities for individuals and community groups to contribute to the Museum's content and programs through exhibitions, digital engagement and social media initiatives - Due All Quarters


Council Meeting                                                                                                                    15 August 2017

5.4                       June 2017 Quarterly performance indicators

Attachment 1      Performance Indicators Report

 

Objective 8 - Support the growth and development of a responsive, creative, innovative, learning and culturally rich community that is inclusive and adapted to the needs of a diverse population

Strategy 8.3 - Ensure the precincts, buildings, programs and activities provided by the Council’s Cultural Services are professionally managed

Ref

Task

Performance Indicator

Status

Progress Report

8.3.1

Provide for the management and operation of Central West Libraries on behalf of the Member Councils

Requirements of the Library Act 1939 and the Central West Libraries Joint Agreement are met - Due All Quarters

n

All requirements of the Library Act 1939 and the Central West Libraries Joint Agreement are met. Discussions continued within the Central West Libraries Committee and member councils about the future model with a decision made to adopt a service contract approach form 1 July 2018.

8.3.2

Develop a Regional Museum Program for Orange

Ensure the Museum building meets national standards for exhibition and artefact display, storage and handling - Due All Quarters

n

The collection officer continues to catalogue Council's Heritage Collection.

The Sustainable Collections Program meets regularly with regional museums to discuss training programs and future development of collaborative exhibitions and programs.

A consultant was engaged to conduct research for the next exhibition, Paddock to Plate.

Plan and implement an innovative and engaging program of exhibitions and educational activities - Due Quarters 2, 3 and 4

Develop the Museum's collection and maintain records of acquisitions and loans - Due Quarters 2, 3 and 4

Ensure the Orange Regional Museum exhibitions interpret the stories, cultures and places of the region - Due Quarters 2, 3 and 4

Deliver the Museum Service in accordance with the budget/approved components of the Orange Regional Museum Development Plan 2014 including Wentworth Mine and Emmaville Cottage - Due All Quarters

Continue to implement the Sustainable Collections Project in partnership with regional museums, cultural groups and participating councils - Due Quarters 2, 3 and 4


Council Meeting                                                                                                                    15 August 2017

5.4                       June 2017 Quarterly performance indicators

Attachment 1      Performance Indicators Report

 

Objective 8 - Support the growth and development of a responsive, creative, innovative, learning and culturally rich community that is inclusive and adapted to the needs of a diverse population

Strategy 8.4 - Acknowledge our diverse cultural heritage by encouraging and implementing programs and events that tell the stories of the urban, village and rural communities and their people

Ref

Task

Performance Indicator

Status

Progress Report

8.4.1

Deliver a program to commemorate the Centenary of World War I 2014-2018

Facilitate bi-monthly Working Party meetings - Due All Quarters

n

Committee meeting held to begin discussions around commemorations to mark 100 years since the Armistice.

Daily blog posts were added to correspond with activities 100 years earlier as part of World War I.

 

Add to Centenary of World War I in Orange blog and Wiki - Due All Quarters

8.4.2

Support heritage conservation in the City

Implement the 2014/17 Heritage Strategy (as approved and budgeted) including running the annual Small Grants Heritage Fund and presenting a range of educational and promotional programs - Due All Quarters

n

The 2016 Cultural Heritage Awards were held at Orange Regional Museum on 5th May 2017.

The 2016/17 local heritage assistance fund grants was completed in April.

Orange City Council heritage adviser continued to provide heritage advice to property owners on heritage and urban design issues.

8.4.3

Support the Villages of Orange including Spring Hill, Lucknow and Clifton Grove

Continue to implement each Village action plan in accordance with the allocated budget - Due All Quarters

n

Community Committee meetings conducted.

Capital works program unspent monies rolled over to the next financial year.

8.4.4

Implement the Aboriginal Heritage Strategy

Develop process for the documentation and conservation of significant Aboriginal artefacts - Due Year 2

n

The Museum continues to work with the Local Aboriginal Lands Council on implementation of the Orange Aboriginal Heritage Strategy.

Develop concept for Aboriginal themed public art works - Due Year 2


Council Meeting                                                                                                                    15 August 2017

5.4                       June 2017 Quarterly performance indicators

Attachment 1      Performance Indicators Report

 

Objective 9 - Encourage and support the development and growth of services that recognise the diverse needs within the community

Strategy 9.1 - Undertake community engagement, identify changing community aspirations, undertake planning, and advocate for the development of facilities and services recognising the need for accessible and integrated community and health services for older people, and services for Aboriginal people, people from culturally diverse backgrounds and people with a disability

Ref

Task

Performance Indicator

Status

Progress Report

9.1.1

Implementation of "consumer directed service delivery" in the home and community services area

Deliver high quality services in compliance with the Commonwealth Home Care Standards, NSW Disability Service Standards, and the NSW Disability Inclusion Act 2014 - Due All Quarters

n

Choices at Home provided Food Services and Neighbour Aid Services including shopping, transport, meals, social support and minor home maintenance:

• Meals - 4,350
• Social Support- 2,050 hours
• Transport - 517 trips
• Home Maintenance - 154 hours
Social support services included weekly bus trips, community restaurant and a fortnightly Aboriginal Elder's information and activity session.

9.1.2

Provide support to the Commonwealth Home Support Program (CHSP) in the Central West

Implement transition to new funding arrangements through training and strategic planning - Due Quarters 1 and 2

n

Attended 16 service visits, 8 meetings including Food Forum, Neighbour Aid Forum, Central West Community Care Forum and NSW Sector Support Network.

Other activities include:

• Dissemination of information about aged care reforms to service providers, presentations to 3 community groups and emails to local community interagencies
• Information about NDIS rollout
• Providing resources and assistance relating to governance, aged care audit, compliance, policies and procedures, training opportunities, risk management, funding guidelines, LGBTI and inclusion strategies, TiS, complaints
• Preparation of new work plan for 2017/18 for the Commonwealth government.

Implementation of Commonwealth Home Support Program Development Officer Plan, including promotion of Commonwealth Home Support Program services and maintaining regional directory of services - Due All Quarters

Attend quarterly meetings of interagencies - Due All Quarters


Council Meeting                                                                                                                    15 August 2017

5.4                       June 2017 Quarterly performance indicators

Attachment 1      Performance Indicators Report

 

Objective 9 - Encourage and support the development and growth of services that recognise the diverse needs within the community

Strategy 9.1 - Undertake community engagement, identify changing community aspirations, undertake planning, and advocate for the development of facilities and services recognising the need for accessible and integrated community and health services for older people, and services for Aboriginal people, people from culturally diverse backgrounds and people with a disability

Ref

Task

Performance Indicator

Status

Progress Report

9.1.3

Engage with the local culturally and linguistically diverse community to identify needs and opportunities

Implement programs including Migrant Settlement Strategy, Harmony Day and Social Inclusion in accordance with funding provided by the Department of Social Services and other relevant funding bodies Due All Quarters

n

Refugee Week was celebrated with the Orange Social Justice group at the Orange Museum, 80 people heard speakers from Amnesty International and Nuba Mountains, focusing on genocide in Nuba as well as the Days For Girls sewing program.

Facilitated a Centerlink session for 25 people, 5 sessions of the Women's Arts and Sewing Circle, Parkes Meet and Greet with 19 participants and 20 people attended a picnic at The Dish.

Days for Girls sent 110 packs to Sudan.

Supported Orange Culture Hub with: Belly Dance workshops, Stories From Far Horizons, AGM and Festival of Light planning for October 2017. Successful Multicultural NSW funding: $10,000 for Mentor Connections and $5,000 for Harmony Day 2018.

Facilitated Orange Multicultural Network and Regional Multicultural Interagency, attended: the Orange Social Justice Group, Cabonne Interagency, Thai Consul General visit and Multicultural NSW Regional Advisory Council.

Ongoing client work and connections with many new clients.

 


Council Meeting                                                                                                                    15 August 2017

5.4                       June 2017 Quarterly performance indicators

Attachment 1      Performance Indicators Report

 

Objective 9 - Encourage and support the development and growth of services that recognise the diverse needs within the community

Strategy 9.1 - Undertake community engagement, identify changing community aspirations, undertake planning, and advocate for the development of facilities and services recognising the need for accessible and integrated community and health services for older people, and services for Aboriginal people, people from culturally diverse backgrounds and people with a disability

Ref

Task

Performance Indicator

Status

Progress Report

9.1.4

In line with Council's Statement of Commitment to the Aboriginal Community, work with the Community Working Party to achieve the outcomes of the Orange Aboriginal Social Development Plan

Support the implementation of the Orange Aboriginal Social Development Plan in line with agreed timeframes - Due All Quarters

n

Council worked in partnership with the NAIDOC Week Committee to successfully source funds to support the commemoration of the 50th anniversary of the 1967 Referendum and the 25th anniversary of the 1992 Mabo High Court Decision. A function was held in the Cultural Precinct and the Museum on 27 May 2017.

Liaise with the Community Working Party to determine culturally appropriate responses to issues relating to the local Aboriginal community - Due All Quarters


Council Meeting                                                                                                                    15 August 2017

5.4                       June 2017 Quarterly performance indicators

Attachment 1      Performance Indicators Report

 

Objective 9 - Encourage and support the development and growth of services that recognise the diverse needs within the community

Strategy 9.2 - Ensure the precincts, buildings, programs and activities provided by Council's Children's Services are professionally managed

Ref

Task

Performance Indicator

Status

Progress Report

9.2.1

Deliver quality children's services

Utilisation rates of Council's Children's Services maintained at an average of 80% across all services - Due All Quarters

n

Average utilisation rate for the period is 84.86%.

• Yarrawong Children's Centre - 86.37%
• Courallie Park Child Development Centre - 94.96%
• Spring Street Children's Centre - 82.25% and their After School Care and Vacation Care - 75.86%

Services comply with National Standards and achieve successful assessment in accordance with the National Quality Framework - Due All Quarters


Council Meeting                                                                                                                    15 August 2017

5.4                       June 2017 Quarterly performance indicators

Attachment 1      Performance Indicators Report

 

Objective 9 - Encourage and support the development and growth of services that recognise the diverse needs within the community

Strategy 9.3 - Ensure the precincts, buildings, programs and activities provided by the Council’s ageing and disability services are professionally managed, integrated and meet demonstrated needs

Ref

Task

Performance Indicator

Status

Progress Report

9.3.1

Utilise available government funding to support the delivery of accessible and affordable services for older people and people with a disability

Funding options identified and grant applications submitted - Due All Quarters

n

Quarterly data reporting requirements met within timeframe.

A new client record management system has been installed and will streamline data collection and reporting processes for Choices at Home and Disability Services.

Relevant grant and compliance reporting requirements met - Due All Quarters

9.3.2

Provide supported accommodation services to adults with an intellectual disability

Compliance with Ageing, Disability and Home Care funding agreement - Due All Quarters

n

All services are delivered within the requirements of the funding agreements and the NSW Disability Services Standards.

Supported accommodation is currently being provided to 11 adults with disability with the resident currently in transition planning to complete that transition by 30 June 2017.

Disability Services has successfully undertaken registration under the National Disability Insurance Scheme.

Ageing Disability and Home Care has confirmed that current residents 65 and under will transition to the NDIS in July 2017 and relevant arrangements are underway to support that process. Residents over 65 will transition to the Aged Care System by 1 December 2017.

Compliance with NSW Disability Service Standards, NSW Services Act 1993 and the Children and Young Persons (Care and Protection) Act 1998 - Due All Quarters

Number of residents supported - Due All Quarters


Council Meeting                                                                                                                    15 August 2017

5.4                       June 2017 Quarterly performance indicators

Attachment 1      Performance Indicators Report

Our Economy

Objective 10 - Build on the economy, lifestyle and character of Orange to position the City as a destination of choice

Strategy 10.1 - Capitalise on the character and lifestyle of Orange to enhance tourism

Ref

Task

Performance Indicator

Status

Progress Report

10.1.1

Deliver Visitor Information Services

Increase social media engagement and reach by 25% by June 2017 - Due Quarter 4

n

Social media engagement has seen Visit Orange Facebook “Likes” to 4,775

Visitor Information Centre (VIC) is operating within budget.

Total attendance at the VIC for the quarter in excess of 34,421 (April was 14,456 people, May was 10,639 people and June was 9,326 people). Phone and email enquiries totalled 1,749 (495 in April, 454 in May and 800 in June).

Participation in the Destination Ambassadors Program with TAFE NSW was completed and included staff from Blayney Council, Age of Fishes Museum and Cabonne Council.  33 people attended the training.  The program was worth $110,000 and was provided free through TAFE NSW.

BookEasy online site has 20 accommodation providers active.  Achieved the 25% target.

Operate the Orange Visitor Information Centre within budget - Due All Quarters

Increase the provision of services on-line through increased patronage of BookEasy by 25% by June 2017 - Due Quarter 4

10.1.2

Implement the Orange Tourism Strategy

Actions from the Orange Tourism Strategy delivered in accordance with the Strategy items adopted by Council - Due All Quarters

n

Outcomes of the tourism strategy implemented included:
* Transition entity formed by industry and tasked to develop the framework for an industry led tourism entity

* Enhancement of the visitorange branding - through the hosting of Better Homes and Gardens TV visit, Monopoly Game, articles in Qantas and Virgin Inflight Magazine.

* Packages developed promoting natural beauty/ seasonality, health/ wellbeing and cycling.
- One calendar of events
- Liaison with DestinationNSW continued
- Caravan park development - council working on rezoning of the site.

Tourism services contract concluded in June 2017.  The new industry led tourism entity has been proposed to take over some of the previous contract activities. 

Implement the tourism services contract - Due Quarters 3 and 4


Council Meeting                                                                                                                    15 August 2017

5.4                       June 2017 Quarterly performance indicators

Attachment 1      Performance Indicators Report

 

Objective 10 - Build on the economy, lifestyle and character of Orange to position the City as a destination of choice

Strategy 10.2 - Facilitate and support the attraction and development of events, festivals, venues and activities for residents and visitors, ensuring access and participation for older people

Ref

Task

Performance Indicator

Status

Progress Report

10.2.1

Provide a range of quality accommodation and services and maintenance of all infrastructure to the Colour City Caravan Park

Maintain occupancy rate at an annual average of at least 50% - Due All Quarters

n

The occupancy rate for this quarter was 54%.

Maintenance performed included tree looping, replacing cement slabs, repair and stained decking on delux cabins, replace taps, plumbing, mowing, weeding, pruning, removal of leaves, gutter cleaning, replace light bulbs, waste management and sewage repairs.

The Colour City Caravan Park continues to maintain its 3.5 star rating during this quarter.

 

Undertake asset improvements in accordance with the Buildings Asset Management Plan - Due All Quarters

Maintain three star rating - Due All Quarters

10.2.2

Support a range of community events

Number of events held on Council land by external parties - Due All Quarters

n

Event management categories:
• Category 1 - small events (weddings and similar) - 9 events held
• Category 2 - community events on Council land - 106 events held
• Category 3 - events organised by Council staff - 29 events held

Number of Council hosted events organised by Council - Due All Quarters


Council Meeting                                                                                                                    15 August 2017

5.4                       June 2017 Quarterly performance indicators

Attachment 1      Performance Indicators Report

 

Objective 11 - Encourage a strong, multifaceted economy and stimulate interactions within the business community and between business and Council

Strategy 11.1 - Encourage the growth of local business, support emerging industry sectors and attract new investment to Orange

Ref

Task

Performance Indicator

Status

Progress Report

11.1.1

Explore avenues to assist business development in the City in conjunction with the Orange Business Chamber or other peak industry organisations

Number of business provided with support - Due All Quarters

n

A total of 231 businesses were assisted in the quarter:

• Orange Shop Local Program is a shop local gift card program with 52 businesses participating.

• Co-ordination of the Orange Region Supply Directory Project has seen 140 businesses complete survey. Solid media promotion of this project has occurred. Workshop on findings to be held in July.

• 39 business were provided with support on grant funding.

Referrals also from and to the Business Enterprise Centre, NSW Department Trade and Investment, Orange Business Chamber, NSW Business Chamber, relocation enquiries, start up business enquiry, leasing assistance, CenWest Innovate, Central West Business Summit.

11.1.2

Develop, maintain and provide information resources appropriate for business development and/or relocation, including web-based and mobile application platforms

Number of businesses listed on Council's on-line Business Directory - Due All Quarters

n

386 business listed on Council's online business directory.

11.1.3

Undertake refurbishment of the Central Business District

Project planning completed and delivery to budget and timeframes Due Quarter 4

n

Detailed Survey work of CBD/Summer Street has been undertaken and is in post processing.

Tenders for the installation of new Whiteway lighting have been received and are currently under review. Alternative options are also being investigated.

Discussions with RMS have commended on updating the Orange Traffic Management Model, which will feed into the CBD Traffic Model.

11.1.4

Manage Council's land portfolio

Number of transactions to sell and purchase land - Due All Quarters

n

Sales of one residential lot occurred during the quarter.  Council reports on several options agreements subject to confidentiality at this stage were considered in the quarter.


Council Meeting                                                                                                                    15 August 2017

5.4                       June 2017 Quarterly performance indicators

Attachment 1      Performance Indicators Report

 

Objective 11 - Encourage a strong, multifaceted economy and stimulate interactions within the business community and between business and Council

Objective 11.2 - Foster partnerships and encourage development across a range of industry clusters

Ref

Task

Performance Indicator

Status

Progress Report

11.2.1

Participate in the Evocities Program

Annual function for new residents - Due Quarter 2

n

Council’s future involvement with Evocities is up for consideration at 4 July 2017 Council meeting.  For the past year Council has withdrawn from the Evocities campaign.  During this time, Evocities has continued to promote Orange as a new location. Information has been provided to 18 interested parties considering relocation to the area. 

Council staff submitted an application for funding under the Regional Marketing and Promotion Fund.  If successful, funding under this program will assist with a regional approach to business development, investment, employment and relocation.

Number of relocatees to Orange - Due All Quarters

Provision of information to relocates - Due All Quarters

11.2.2

Facilitate industry cluster engagement

Six monthly meetings held in November and May annually with: Education Cluster Group; Tourism Cluster Group; Manufacturing/Engineering Cluster Group; Mining Cluster Group; Health Cluster Group; Agribusiness Cluster Group Due Quarter 2

n

A meeting was held with the Manufacturing/Engineering group during the quarter.

A meeting was held with local orchardists during the quarter who are informative to the Agribusiness sector group.

The new transition board for tourism has been meeting regularly with Councillors and General Manager appointed to the Board. Staff of the transition board have also met with Council staff during the quarter.

In the health areas- a staff member attended the network of General Practice Managers group during the quarter.

 


Council Meeting                                                                                                                    15 August 2017

5.4                       June 2017 Quarterly performance indicators

Attachment 1      Performance Indicators Report

 

Objective 11 - Encourage a strong, multifaceted economy and stimulate interactions within the business community and between business and Council

Strategy 11.3 - Encourage training and skills development for a diverse and sustainable labour market

Ref

Task

Performance Indicator

Status

Progress Report

11.3.1

Work with industry, business and training organisations to identify current or developing skills shortages and implement strategies to address them

Develop programs to assist business sectors management of skills shortages - Due All Quarters

n

Information continues to be circulated to relevant industry sectors regarding additional skills training funded by Government agencies.

 Council’s withdrawal from Evocities has focused monitoring of jobs on commercial sites - Indeed (231 jobs), Adzuna (142 jobs), Seek (590 jobs) and Jora (596 jobs). Some jobs are listed in multiple sites.

Number of jobs on Evocities jobs site from local businesses - Due All Quarters


Council Meeting                                                                                                                    15 August 2017

5.4                       June 2017 Quarterly performance indicators

Attachment 1      Performance Indicators Report

 

Objective 11 - Encourage a strong, multifaceted economy and stimulate interactions within the business community and between business and Council

Strategy 11.4 - Ensure the commercial facilities, programs and activities provided by Council enhance the economic base of the City and are effectively and efficiently managed

Ref

Task

Performance Indicator

Status

Progress Report

11.4.1

Maintain an accurate and updated register of all land owned or managed by Orange City Council

Changes to register made within three weeks of land transaction - Due All Quarters

n

Updates are made to the land register within three weeks of the completion of the transaction.

The annual inspection schedule delivered.

 

Implement an annual inspection schedule for all leased properties to ensure all lease obligations are met and any resulting issues addressed - Due Quarters 3 and 4

11.4.2

Operate the Orange Airport

Ensure the Airport meets all requirements set by the Civil Aviation Safety Authority and the Office of Transport Security - Due All Quarters

n

The annual Technical Inspection has been completed.

A draft has been completed for a new Transport Security Program for the Airport.

There have been 56,948 passengers use the airport for the financial year, a 15% increase on the previous year.

11.4.3

Manage the issues arising from telecommunications opportunities

Support the NBN rollout - Due All Quarters

n

NBN rollout continues. Issues with NBN services have been raised by Economic Development Community Committee and via Councillors. Meeting with NBN has been pursued on a number of occasions.

Ensure the Orange community is aware of the rollout and the opportunities it creates - Due All Quarters


Council Meeting                                                                                                                    15 August 2017

5.4                       June 2017 Quarterly performance indicators

Attachment 1      Performance Indicators Report

 

Objective 11 - Encourage a strong, multifaceted economy and stimulate interactions within the business community and between business and Council

Strategy 11.4 - Ensure the commercial facilities, programs and activities provided by Council enhance the economic base of the City and are effectively and efficiently managed

Ref

Task

Performance Indicator

Status

Progress Report

11.4.4

Undertake upgrades of Airport precinct

Complete Airport precinct planning processes - Due Year 2

n

The reseal has been completed and the reconstruction of the taxiway completed. The Master Plan for the Airport has been completed.

Construction has been completed on taxiway Bravo which was financed from Grant Funding.

Complete security fencing - Due Year 2

Re-seal runway - Due Year 2

Complete runway crack sealing and backup lighting for runway - Due Year 2

Airport carpark - Due Year 4

Airport - Chlorination of Water Supply - Due Quarter 4

Runway liquid road application - Due Quarter 4

Airport masterplan update - Due Quarter 4

Re-seal "Charlie" and "Delta" (2018/19) and "Bravo" (2017/18) taxiways - Due Years 2 and 3


Council Meeting                                                                                                                    15 August 2017

5.4                       June 2017 Quarterly performance indicators

Attachment 1      Performance Indicators Report

Our Environment

Objective 12 - Manage the appropriate and sensitive use of the City’s natural resource assets and heritage

Strategy 12.1 - Ensure the Plans of Management for the City’s natural resource assets are current and reviewed

Ref

Task

Performance Indicator

Status

Progress Report

12.1.1

Implement the Open Space Strategy

Finalise Plans of Management for Community Land by December 2016 - Due Quarter 2

n

In partnership with the Clifton Grove Working Group, adjoining land owner and Summerhill Creekcare,  the clearing of willows from directly below the dam wall of Suma Park has been undertaken.

Through two community planting days revegetation works have commenced and the land holder adjoining Summerhill Creek has undertaken fencing to restrict stock access to the creek.

Implementation of Open Space Strategy in accordance with approved budget and project timeframes - Due Years 2, 3 and 4

12.1.2

Monitor and implement awareness events and campaigns for noxious and environmental weeds

Undertake 400 annual private property inspections to ensure noxious weeds are managed in accordance with legislative requirements - Due Quarter 4

n

207 inspections were undertaken including 24 inspections of High Risk Pathways, 117 inspections of Council managed lands and 66 private property inspections.

Properties along the Icely Road were targeted in June.

Council staff attended and completed training dealing with the new Biosecurity Act which in now in force.


Council Meeting                                                                                                                    15 August 2017

5.4                       June 2017 Quarterly performance indicators

Attachment 1      Performance Indicators Report

 

Objective 12 - Manage the appropriate and sensitive use of the City’s natural resource assets and heritage

Objective 12.2 - Recognise the importance of heritage within the City by ensuring the currency of policies and procedures and seek compliance with regulations

Ref

Task

Performance Indicator

Status

Progress Report

12.2.1

Provide a Heritage Advisory Service to the community to protect and enhance heritage assets and to promote quality urban design

Number of heritage and urban design advisory services delivered per quarter - Due All Quarters

n

A total of 29 lots of heritage advice for the reportable quarter.

12.2.2

Operate the Orange Cemetery

Allocation of allotments for burial within 24 hours of receipt of Application for Burial - Due All Quarters

n

A new onsite sewage management system (pump out) was installed to service the public toilets when the existing septic system failed. 

The operational area of the non-denominational section of the Cemetery was expanded to provide space for burials for the next three years.

 

 

Keep records in accordance with Cemeteries and Crematoria Act 2013 - Due All Quarters

Undertake landscaping and irrigation of new section - Due Quarters 1 and 4

 

 

Objective 13 - Undertake research and review of community aspirations to support the planning and regulation of balanced growth and development

Strategy 13.1 - Identify changing community aspirations and undertake community engagement to inform planning and advocacy of plans and polices for traffic, transport and communications infrastructure

Ref

Task

Performance Indicator

Status

Progress Report

13.1.1

Upgrade under-awning lighting in the Central Business District

Complete upgrades of under-awning lighting - Due Quarter 4

n

Reviewing start date.


Council Meeting                                                                                                                    15 August 2017

5.4                       June 2017 Quarterly performance indicators

Attachment 1      Performance Indicators Report

 

Objective 13 - Undertake research and review of community aspirations to support the planning and regulation of balanced growth and development

Strategy 13.2 - Identify changing community aspirations and undertake community engagement to inform planning and advocacy of plans and policies for integrated water management and energy utilities

Ref

Task

Performance Indicator

Status

Progress Report

13.2.1

Implement water conservation strategies

Implement annual water conservation strategies (media, education, advertising, water audits) - Due All Quarters

n

Water Conservation Measures to be revised when developing Integrated Water Cycle Management Strategy by May 2018 (previously May 2017). New completion date May 2018 due to higher priority projects taking precedence.

13.2.2

Work with CENTROC to develop and implement effective regional water security plan

Attend meetings of the Centroc Water Utilities Alliance to review the Regional Water Security Study - Due All Quarters

n

Attended 6 Centroc Water Utilities Alliance meetings.

 

Centroc Water Security Study achievements include:

·      Lachlan Valley Water Security Project – the Centroc Chair has been nominated as a place-holder representative on the Lachlan Valley Water Security Project Community Reference Group. Modelling of the entire Lachlan Catchment is currently being undertaken by WaterNSW after which a catchment wide strategy will be undertaken

·      Inquiry into the Augmentation of Water Supply for Rural and Regional New South Wales (General Purpose Standing Committee No.5) – This parliamentary standing committee was established to inquire into and report on the performance or effectiveness of the NSW government agencies that are responsible for the augmentation of water supply for rural and regional New South Wales. Orange City Council and Centroc provided evidence at one of the state-wide hearings that was held in Orange

Report on key milestones established as part of the review of the Regional Water Security Study - Due All Quarters

13.2.3

Prepare new Water and Sewer Strategic Business Plan (and Financial Plan)

Prepare new Water and Sewer Strategic Business Plan (and Financial Plan) in accordance with the NSW Office of Water Best Practice Criteria by May 2020 - Due Year 4

n

Mid-term review of Water and Sewer Strategic Business Plan (and Financial Plan) are in accordance with the Department of Primary Industries Water Best Practice Criteria by May 2018.

Previously May 2017, however other higher priority projects have taken precedence.

13.2.4

Prepare new Integrated Water Cycle Management Strategy (including water conservation measures)

Prepare new Integrated Water Cycle Management Strategy in accordance with best practice criteria by May 2017 - Due Quarter 4

n

Work has commenced on comprehensive data gathering required for development of Council's IWCM.

Due to other higher priority projects, development of the IWCM Strategy to be put back to May 2018.


Council Meeting                                                                                                                    15 August 2017

5.4                       June 2017 Quarterly performance indicators

Attachment 1      Performance Indicators Report

 

Objective 13 - Undertake research and review of community aspirations to support the planning and regulation of balanced growth and development

Strategy 13.3 - Identify changing community aspirations and undertake community engagement to inform planning and advocacy of plans and policies for waste management and resource recovery

Ref

Task

Performance Indicator

Status

Progress Report

13.3.1

Deliver waste and recycling services

Promote and offer a free annual Household Hazardous Waste Collection service at the Ophir Road Resource Recovery Centre - Due Quarter 2

n

All domestic waste, recycling and organics collection and processing services being delivered in accordance with respective contracts and monthly and quarterly meetings held with the contractor to review key performance indicators and service provision.

Waste education to the community delivered in accordance with adopted strategy.

Survey of construction and demolition and commercial and industrial waste streams undertaken in May and June.

 

500 domestic organics bin random bin audit undertaken to identify food waste and contamination content for future education strategies and determination of waste diversion capacity.

Deliver education materials to Orange residents relating to the new waste and recycling service provisions - Due All Quarters

13.3.2

Participate in the NSW Blue Star Program (previously Tidy Towns)

Compile annual NSW Blue Star Sustainable Communities Award submissions - Due All Quarters

n

NSW Blue Stars Award submissions lodged by 30th June 2017.  Four local submissions were lodged including the Young Environmental Achievement Award, Cultural Heritage Award, Habitat Wildlife Guardianship Award and Waste Less, Recycle More Award.

 

Participate in Clean Up Australia activities - Due Quarter 3

Raise awareness of the NSW Blue Star Program through four local media events and engaging with local schools - Due All Quarters


Council Meeting                                                                                                                    15 August 2017

5.4                       June 2017 Quarterly performance indicators

Attachment 1      Performance Indicators Report

 

Objective 13 - Undertake research and review of community aspirations to support the planning and regulation of balanced growth and development

Strategy 13.4 - Monitor and enforce regulations relating to city amenity

Ref

Task

Performance Indicator

Status

Progress Report

13.4.1

Conduct Retail Food Premises inspections

All complaints of unclean or unhealthy retail food premises investigated within 48 hours and action taken if required - Due All Quarters

n

Council staff completed food shop inspections during the last quarter of the year that were scheduled for either annual or 6 monthly inspections.  The number of inspections undertaken exceeded the minimum requirements of the Memorandum of Understanding that Council has with the NSW Food Authority. Above all the quality of food premises was found to be high.

Annual inspection of all retail food premises completed - Due Quarter 4

Annual Retail Food Premises Compliance Reporting prepared and submitted to the NSW Food Authority by August annually - Due Quarter 1

Implement "Scores on Doors" Program - Due Quarter 2

13.4.2

Enforce environmental legislation

All pollution complaints investigated within two working days for non-urgent events, and within four hours for urgent events, and action taken if required - Due All Quarters

n

Council staff investigated all pollution incidents reported to Council during the quarter as required.

13.4.3

Provide efficient and effective development assessment and compliance service in a timely manner

Applications determined within a median time of 35 days; construction certificate applications determined within a median of 30 days and complying development certificates determined within a median time of 15 days - Due All Quarters

n

141 development applications determined within a median time of 18 days

53 construction certificate applications determined within a median of 19 days

5 complying development certificates determined within a median time of 6 days.

13.4.4

Provide property information in a timely manner

Issue Section 149 Planning Certificates within a median processing time of four days and 1.5 days (where an urgency fee has been paid) - Due All Quarters

n

Total of 373 x certificates issued (comprising 338  149(2) certificates  and 35 149(5)certificates).

36 of these had an urgency fee paid and were issued with a median processing time of 1 working day.

The remaining 337 were issued with a median processing time of 3 working days

Issue Section 149(B) - (E) Building Certificates and other property information within a median processing time of four days - Due All Quarters


Council Meeting                                                                                                                    15 August 2017

5.4                       June 2017 Quarterly performance indicators

Attachment 1      Performance Indicators Report

 

Objective 14 - Foster ideas and opportunities and encourage innovative solutions for the delivery of infrastructure

Strategy 14.1 - Design and construct new infrastructure assets as specified within the relevant Asset Management Plan to agreed levels of service

Ref

Task

Performance Indicator

Status

Progress Report

14.1.1

Construct the Southern Feeder Road

Complete design for Stage 1C - Huntley Road to Elsham Avenue - Due Quarter 1

n

Grant funding has not yet been secured for this project.

Explore further grant opportunities and make submissions - Due All Quarters

Complete Stage 2 - Due Year 2

Complete Stage 3 - Due Year 4

14.1.2

Sewerage Treatment Plant - Cadia effluent disinfection (Ultraviolet Treatment)

Investigation/design delivered by June 2017 - Due All Quarters

n

Council resolved in April  to engage consultant Hunter H2O to conduct an options study and concept design for ultraviolet disinfection at the Orange Sewage Treatment Plant.

Construction delivered by June 2018 - Due Year 2

14.1.3

Develop Orange to Central Tablelands Water Pipeline

Project undertaken in accordance with the project plan and funding conditions - Due All Quarters and Year 2

n

Works completed include the installation of approximately 21km of water pipeline (about 35%), primarily between Orange and Millthorpe and approximately 3.5km (about 35%) of the sewage pipeline between Spring Hill and Orange.

Full approval for all works in railway corridors from John Holland has been granted.

Project will be completed by 30 June 2018.

14.1.4

Implement water mains extension/re-alignment program

Construction undertaken on time and within budget - Due Years 2, 3 and 4

n

Council has completed the realignment of the reticulation main and the renewal of the 300mm diameter trunk main around the Moulder and Woodward Street roundabout.

Works are nearing completion at the Clergate Road water main realignment with approximately 20m remaining.


Council Meeting                                                                                                                    15 August 2017

5.4                       June 2017 Quarterly performance indicators

Attachment 1      Performance Indicators Report

 

Objective 14 - Foster ideas and opportunities and encourage innovative solutions for the delivery of infrastructure

Strategy 14.1 - Design and construct new infrastructure assets as specified within the relevant Asset Management Plan to agreed levels of service

Ref

Task

Performance Indicator

Status

Progress Report

14.1.5

Undertake managed aquifer recharge trial

Investigation, detailed design and construction - Due Years 2, 3 and 4

n

Investigation into a Managed Aquifer Recharge Trial due to commence in 2021/22 and subject to external funding opportunities.

14.1.6

Develop North Orange Sewer Strategy

Pre-construction/land acquisition works undertaken on time and within budget - Due Years 2, 3 and 4

n

Preliminary works via the review of the Sewer Strategy for North Orange has commenced.  The project is due to start in 2017/18.

14.1.7

Develop Redmond Place sewer pump station

Works undertaken on time and within budget - Due Years 2, 3 and 4

n

The project is due to start in 2017/18.

14.1.8

Blackmans Swamp Creek Stormwater Harvesting Stage 2

Project delivered in accordance with the budget - Due Year 2

n

The project is due to start in 2017/18.

14.1.9

Construct Ridley Oval detention basin

Project delivered in accordance with the budget - Due Year 3

n

The project is due to start in 2018/19.

14.1.10

Construct Moulder Park detention basin

Project delivered in accordance with the budget - Due Year 3

n

The project is scheduled to start in 2018/19.


Council Meeting                                                                                                                    15 August 2017

5.4                       June 2017 Quarterly performance indicators

Attachment 1      Performance Indicators Report

 

Objective 14 - Foster ideas and opportunities and encourage innovative solutions for the delivery of infrastructure

Strategy 14.1 - Design and construct new infrastructure assets as specified within the relevant Asset Management Plan to agreed levels of service

Ref

Task

Performance Indicator

Status

Progress Report

14.1.11

Deliver shared cycleway construction program as identified in the Active Travel Plan and in accordance with the adopted budget

Grant funded cycleway construction program completed within allocated budget. Projects include:
- Southern Link Cycleway, from Gardiner Road to railway
- Ploughmans Lane Cycleway, from Escort Way to Riawena Oval
- Widen path through Matthews Park to cycleway by 1.3m - Due Quarter 4 and Year 2

n

Project to construct pedestrian subway under the rail line at Nelson Park in April deferred due to delays in project approval by the rail authority. 

Grant funding approved to be carried forward to 2017/18 by Transport for NSW.

Compliance with grant conditions and monthly reporting requirements to Roads and Maritime Services - Due All Quarters

14.1.12

Deliver footpath construction program as identified in the Active Travel Plan and in accordance with the adopted budget

Complete the Active Travel Plan - Quarter 1

n

Path works completed with gravel surface on Ploughmans to Escort Way.  Further works now contingent on future roundabout construction at Escort Way / NDR intersection as identified in the 2017/18 Operational and Delivery Plan.

14.1.13

Upgrade Council's road network in accordance with imposed development condition contributions and Voluntary Planning Agreement outcomes

Construction of new signalised intersection on Forest Road at base hospital and upgrading of road through to Bloomfield intersection - Due Quarter 3

n

Funding approved for construction under resources for Regions. Due to late timing of funding announcement, works cannot practically commence on Forest Road until September 2017.

Works on culverts adjacent to Bunnings site completed.

 

Upgrade of drainage culverts in Leeds Parade from the Northern Distributor Road - Due Quarter 4

14.1.14

Increase capacity in East Orange Drainage Channel

Develop and issue design and construct tender for section of channel between Byng and McLachlan Streets - Due Quarter 2

n

Works have been completed on channel widening between Byng and McLachlan Street.

Complete construction of widening of channel between Byng and McLachlan Streets - Due Quarter 4


Council Meeting                                                                                                                    15 August 2017

5.4                       June 2017 Quarterly performance indicators

Attachment 1      Performance Indicators Report

 

Objective 15 - Effectively and efficiently maintain and operate current infrastructure to agreed levels of service including any consideration of impacts of climate change

Strategy 15.1 - Maintain and renew traffic and transport infrastructure assets and services as specified within the Asset Management Plan at agreed levels of service

Ref

Task

Performance Indicator

Status

Progress Report

15.1.1

Deliver works program for road rehabilitation and re-seals as identified in the Transport Asset Management Plan

Annual reseal program completed within allocated budget - Due Quarter 4

n

The annual reseal programme was delivered within the allocated budget.  Resealing projects in Maxwell Avenue deferred due to school traffic congestion.

The road rehabilitation program for the year was completed within allocated budgets.  Streets where rehabilitation projects have been completed include:

·      Summer Street East

·      McNeilly Avenue

·      Caroline Street

·      Endeavor Avenue

·      Hargraves Crescent

·      March Street

·      Maxwell Avenue

·      Moad Place

·      Paling Street

·      Churchill Avenue

Road upgrading works on Burrendong Way and Clergate Road ongoing as at 30 June 17.

Upgrading works on the North Orange Bypass additional to the original 2016/17 program are 60% complete and ongoing.

Waratah Link Road (Platinum Parade) now completed between Diamond Drive and Telopea Way. 

Telopea Slip lane works deferred as necessary private development on the adjacent site did not proceed.

Annual road rehabilitation program completed within allocated budget - Due Quarter 4

Forest Road pavement upgrade - Due Quarter 4

Burrendong Way upgrade - Due Quarter 4 and Year 2

Northern Distributor Road upgrade - Due Quarter 4

Construction of link road - Waratahs - Due Quarter 4

Slip lane - Telopea Way - Due Quarter 4

Reconstruct Clergate Road Stage 1 from Northern Distributor Road to Strathgrove Way - Due Quarter 4

15.1.2

Deliver program of footpath upgrading works as identified in the Transport Asset Management Plan

Annual footpath rehabilitation program completed within allocation budget - Due Quarter 4

n

McNamara Street works completed.

Pedestrian crossing street lighting upgrade works commenced in Dalton Street at Spring Street and 50% completed.

Construction of pedestrian crossing lighting as per allocated budget - Due Quarter 4 and Year 2

15.1.3

Maintain Council's fleet of plant and equipment to ensure availability

Ensure 95% availability of Council plant at all times - Due All Quarters

n

Completed Fleet Purchases as per the Delivery/Operational Plan.

Maintained Council's Plant Fleet as per the manufactures recommendations ensuring that the fleet was available when required.

Workshop staff have achieved a rate of 99% availability of all plant items throughout the year.

 


Council Meeting                                                                                                                    15 August 2017

5.4                       June 2017 Quarterly performance indicators

Attachment 1      Performance Indicators Report

 

Objective 15 - Effectively and efficiently maintain and operate current infrastructure to agreed levels of service including any consideration of impacts of climate change

Strategy 15.1 - Maintain and renew traffic and transport infrastructure assets and services as specified within the Asset Management Plan at agreed levels of service

15.1.4

Provide and manage public car parking in the Orange Central Business District

Implement Parking Study deliverables - Due Quarters 3 and 4 and Year 2

n

The Licence Plate Recognition vehicle remains operational.

Parking patrols were carried out in accordance with patrol schedule and Council's adopted parking rules.

The contracted car parks have been managed in accordance with private agreements.

Parking patrols carried out in accordance with patrol schedule and Council's adopted parking rules - Due All Quarters


Council Meeting                                                                                                                    15 August 2017

5.4                       June 2017 Quarterly performance indicators

Attachment 1      Performance Indicators Report

 

Objective 15 - Effectively and efficiently maintain and operate current infrastructure to agreed levels of service including any consideration of impacts of climate change

Strategy 15.2 - Operate, maintain, renew and upgrade water, sewer and stormwater infrastructure assets and services as specified within the Asset Management Plans at agreed levels of service

Ref

Task

Performance Indicator

Status

Progress Report

15.2.1

Provide safe drinking and re-use water

Monitor and report on water quality in accordance with regulatory requirements and report to the State Government annually in October - Due Quarter 2

n

Drinking water and recycled water was provided to customers in accordance with quality standards through implementation of the Drinking Water Management System and Recycled Water Management System, respectively.  Council’s Drinking Water Management System Annual Review was submitted to NSW Health in March 2017. Water quality incident desk top review undertaken on 22 June 2017

 

Risk Assessment actions are reviewed on a monthly basis through the Water and Sewer Monthly Planning meetings process

Review and update Risk Assessment for Council's Drinking Water Management System by June annually - Due Quarter 4

15.2.2

Conduct routine operation and maintenance of water and sewerage infrastructure

Conduct annual monitoring and reporting according to the requirements for inclusion in NSW Water Supply and Sewerage Performance Monitoring Report by September annually - Due Quarter 1

n

Levels of service for all water and sewer operational and maintenance functions of Council achieved.

The extensive Hydrant and Valve Maintenance Program is well under way with approximately 30% of valves and 20% of hydrants having been inspected.

Maintain water and sewer infrastructure in accordance with the statutory requirements and levels of service identified in Water and Sewer Asset Management Plans - Due All Quarters

15.2.3

Implement Council's Drought Management Plan

Review and update Council's Drought Management Plan in accordance with NSW Office of Water Best Practice Criteria by May 2017 - Due Quarter 4

n

Review outcomes and update Council's Drought Management Plan in accordance with DPI Water Best Practice Criteria by May 2018 (new completion date). Previous completion date of May 2017 put back due to other higher priority projects taking precedence.

15.2.4

Sewage Treatment Plant - Primary Tank Number 2 coating

Delivered by April 2017 - Due Quarter 4

n

This project has been deferred until 2019/20.


Council Meeting                                                                                                                    15 August 2017

5.4                       June 2017 Quarterly performance indicators

Attachment 1      Performance Indicators Report

 

Objective 15 - Effectively and efficiently maintain and operate current infrastructure to agreed levels of service including any consideration of impacts of climate change

Strategy 15.2 - Operate, maintain, renew and upgrade water, sewer and stormwater infrastructure assets and services as specified within the Asset Management Plans at agreed levels of service

Ref

Task

Performance Indicator

Status

Progress Report

15.2.5

Deliver sewer mains upgrade program

Identified sewer mains upgrades completed by June annually - Due Quarter 4

n

The Annual Sewer Mains Upgrade Program works planned for the existing 150mm sewer main at Cox Avenue and the Mitchell Highway is to be discussed with the Roads and Martine Service in relation to the traffic control during the construction period.

15.2.6

Deliver sewer mains relining program

Annual sewer mains relining program delivered by June annually - Due Quarter 4

n

Council has completed the 2016/17 Sewer Mains Relining Program.

15.2.7

Implement pressure management/leak reduction program

Establish District Metering Areas in order to monitor/measure water losses from network every two years - Due Quarter 4 and Year 3

n

Council staff have undertaken detailed hydraulic modelling across the water network and are currently proposing large District Metering Areas. This will assist Council staff in their ability to reduce water loss.

15.2.8

Deliver water services renewals program

Annual water services renewals program delivered by June annually - Due Quarter 4

n

During the last quarter council completed 11 Water Service Renewals based on Asset condition. The cost per renewal was $527 per water service.

15.2.9

Deliver water meter replacement program

Annual water meter replacement program delivered by June annually - Due Quarter 4

n

Council continued its annual Water Meter Replacement Program (approximately 1,000 meters per year). In this quarter, Council has replaced 80 water meters at a cost of $140 per meter and has ordered an additional 1500 water meters for the 2017/18 Meter Replacement Program.

15.2.10

Deliver water mains renewals program

Annual water mains renewal program delivered by June annually - Due Quarter 4

n

Works on the Nile Street water main renewal project has been finalised with the road left to be sealed.


Council Meeting                                                                                                                    15 August 2017

5.4                       June 2017 Quarterly performance indicators

Attachment 1      Performance Indicators Report

 

Objective 15 - Effectively and efficiently maintain and operate current infrastructure to agreed levels of service including any consideration of impacts of climate change

Strategy 15.2 - Operate, maintain, renew and upgrade water, sewer and stormwater infrastructure assets and services as specified within the Asset Management Plans at agreed levels of service

Ref

Task

Performance Indicator

Status

Progress Report

15.2.11

Investigate Gosling Creek Dam upgrade works

Preliminary investigations completed by June 2017 - Due Quarter 4

n

Dam Safety Emergency Plan  and Dambreak modelling currently under review. Proposed Geotechnical Investigations to be undertaken in 2017/18.

15.2.12

Investigate Lake Canobolas Dam upgrade works

Preliminary investigations completed by June 2017 - Due Quarter 4

n

Project due to commence in 2018/19.

15.2.13

Sewage Treatment Plant - Dissolved Air Flotation Scraper upgrade

Delivered by June 2017 - Due Quarter 4

n

Dissolved Air Flotation chain components purchased with remainder of components deferred until 2017/18 given construction periods required.

15.2.14

Undertake ongoing condition assessment on Council's stormwater network

Assessments undertaken on 2% of network per annum and updated in the Asset Management Plan - Due All Quarters

n

Stormwater condition assessment has been undertaken but will be another month before finalised.

15.2.15

Deliver Sewage Treatment Plan - Aeration upgrade

Investigation and design complete by June 2019 - Due Year 3

n

Project scheduled for commencement in 2018/19.

Construction works delivered by June 2020 - Due Year 4

15.2.16

Deliver the Central Tablelands Regional Water Security Project

Project delivered in accordance with budget - Due All Quarters

n

Construction of the Orange to Molong Creek Dam Pipeline has been completed.

15.2.17

South Orange Stage 2 water supply and sewerage system preconstruction

Project delivered in accordance with budget - Due Year 3

n

Stage 2 water supply design works are due to start in 2018/19.

Stage 2 sewerage design works are due to start in 2019/20.


Council Meeting                                                                                                                    15 August 2017

5.4                       June 2017 Quarterly performance indicators

Attachment 1      Performance Indicators Report

 

Objective 15 - Effectively and efficiently maintain and operate current infrastructure to agreed levels of service including any consideration of impacts of climate change

Strategy 15.3 - Maintain and renew waste recovery infrastructure assets and services as specified within the Asset Management Plan at agreed levels of service

Ref

Task

Performance Indicator

Status

Progress Report

15.3.1

Manage Ophir Road and Euchareena Road Resource Recovery Centres in accordance with Landfill Environmental Management Plans and Licenses

Reporting to the Office of Environment and Heritage and Environmental Protection Authority undertaken annually as required - Due All Quarters

n

Both the Ophir Road and Euchareena Road Resource Recovery Centres are operating in accordance with operational environmental management plans and licences.

The proposed Community Recycling Centre had pier holes poured in June 2017 with structure to be completed in next quarter. Environmental monitoring of both the Ophir Road and Euchareena Road Resource Recovery Centres continued and monthly indicates operations are complying with Operational Environmental Management Plans and Licences.

Tender for leachate transfer from Euchareena Rd Resource Recovery Centre to Orange Waste Water Treatment Plant advertised on 13 June 2017.

Design planning for landfill cells 3 and 4 being undertaken in next quarter.

 

Divert greater than 50% of the waste stream from landfill. Annual reporting by June - Due Quarter 4

Complete the Community Recycling Centre - Due Quarter 4

Undertake maintenance works at the Ophir Road Resource Recovery Centre including site rehabilitation, re-seal of the entry road and car parking area - Due Quarter 4

Construction of new landfill cell at Euchareena Road facility - Due Year 3


Council Meeting                                                                                          15 August 2017

 

 

5.5     Development Application DA 192/2017(1) - 87 Byng Street

TRIM REFERENCE:        2017/1722

AUTHOR:                       Paul Johnston, Manager Development Assessments    

 

 

EXECUTIVE Summary

Application lodged

30 May 2017

Applicant/s

Mr B Crawley

Owner/s

Mr AJ Kirkwood

Land description

Lot 87 DP 1086540

Proposed land use

Kiosk

Value of proposed development

$2,000

On 1 August 2017, the Planning and Development Committee (PDC) resolved:

RESOLVED - 17/357                                                                          Cr R Gander/Cr J Whitton

That Council refuse development application DA 192/2017(1) for Kiosk at Lot 87 DP 1086540 - 87 Byng Street, Orange with staff to issue a notice of refusal with the reasons for refusal to be reported to Council for information.

 

In accordance with the above outlined resolution, a Notice of Refusal has been prepared by Council staff for your information. The reasons for refusal articulated in the Notice of Refusal have been prepared based on Council staff's understanding of the reasons expressed by Councillors at the PDC meeting held on 1 August 2017.

The Notice of Refusal is attached.

Link To Delivery/OPerational Plan

The recommendation in this report relates to the Delivery/Operational Plan strategy “13.4 Our Environment – Monitor and enforce regulations relating to City amenity”.

Financial Implications

Nil

Policy and Governance Implications

Nil

 

Recommendation

That the attached Notice of Refusal in relation to DA 192/2017(1) for Kiosk at Lot 87 DP 1086540 - 87 Byng Street, and the reasons for refusal therein as expressed by Councillors in the Planning and Development Committee meeting held on the 1 August 2017 be endorsed.

 


 

further considerations

Consideration has been given to the recommendation’s impact on Council’s service delivery; image and reputation; political; environmental; health and safety; employees; stakeholders and project management; and no further implications or risks have been identified.

SUPPORTING INFORMATION

On 1 August 2017, the Planning and Development Committee resolved:

RESOLVED - 17/357                                                                          Cr R Gander/Cr J Whitton

That Council refuse development application DA 192/2017(1) for Kiosk at Lot 87 DP 1086540 - 87 Byng Street, Orange with staff to issue a notice of refusal with the reasons for refusal to be reported to Council for information.

 

In accordance with the above outlined resolution, a Notice of Refusal has been prepared by Council staff for your information. The reasons for refusal articulated in the Notice of Refusal have been prepared based on Council staff's understanding of the reasons expressed by Councillors at the PDC meeting held on 1 August 2017.

The Notice of Refusal is attached.

 

Attachments

1          Notice of Approval, D17/44795

 


Council Meeting                                                                                                   15 August 2017

5.5                       Development Application DA 192/2017(1) - 87 Byng Street

Attachment 1      Notice of Approval

 

OrangeCityCouncilNEW#45524E (2)

ORANGE CITY COUNCIL

 

Development Application No DA 192/2017(1)

 

NA17/                                                                                             Container PR20690

 

 

NOTICE OF DETERMINATION

OF A DEVELOPMENT APPLICATION

issued under the Environmental Planning and Assessment Act 1979

Section 81(1)

 

Development Application

 

 Applicant Name:

Mr B Crawley

 Applicant Address:

683 Canobolas Road

ORANGE  NSW  2800

 Land to Be Developed:

Lot 87 DP 1086540 - 87 Byng Street, Orange

 Proposed Development:

Kiosk

 

 

Building Code of Australia

 Building Classification:

 

Not applicable

 

 

Determination

 

 Made On:

1 August 2017

 Determination:

APPLICATION REFUSED

 

 

Reason(s) for Refusal:

1    The site is unsuited to the proposed development and would have an adverse impact upon traffic and pedestrian safety in the locality.

2    The proposed development does not make adequate provision for off-street car parking and will therefore have an unacceptable impact upon the parking reserves in the locality.

3    The proposed development is not consistent with the residential character of the locality.

4    The proposed development will have an unacceptable impact on the amenity of neighbouring residences and have a detrimental effect on the residential character of the locality.

5    The proposed development will have an adverse impact upon the Heritage Conservation Area.

6    The proposed development will have an adverse impact on the privacy of the adjoining residential property.

7    The proposed development will have an adverse noise impact on the adjoining residential property.

8    The subject site is not suitable for the proposed development.

 

 


 

Right of Appeal:

Applicant:

If you are dissatisfied with this decision, Section 97 of Environmental Planning and Assessment Act 1979 gives you the right to appeal to the Land and Environment Court within 6 months after the date on which you receive this notice.

* Section 97 of the Environmental Planning and Assessment Act, 1979 does not apply to the determination of a development application for State significant development or local designated development that has been the subject of a Commission of Inquiry.

Objector:

The Environmental Planning and Assessment Act 1979 does not give a right of appeal against this determination to an objector.

 

 

Signed:

On behalf of the consent authority:

 

 

Signature:

 

 

Name:

 

PAUL JOHNSTON - MANAGER DEVELOPMENT ASSESSMENTS

 

Date:

 

2 August 2017

 


Council Meeting                                                                                          15 August 2017

 

 

5.6     Strategic Policy Review

TRIM REFERENCE:        2017/1719

AUTHOR:                       Michelle Catlin, Manager Administration and Governance    

 

 

EXECUTIVE Summary

This report seeks Council’s adoption of the Strategic Policy ST010 - Code of Conduct and associated procedures, ST050 – Code of Meeting Practice and ST001 – Asbestos Management. Council considered the draft policies at its meeting of 22 June 2017 and the Policy was on exhibition until 24 July 2017. No submissions were received during the exhibition period.

Link To Delivery/OPerational Plan

The recommendation in this report relates to the Delivery/Operational Plan strategy “1.2 Our City - Information and advice provided for the decision-making process will be succinct, reasoned, accurate, timely and balanced”.

Financial Implications

Nil

Policy and Governance Implications

Council’s Strategic Policies are being reviewed and amended to ensure ongoing compliance with legislation and industry best practice. Policies of Council are of two types – Strategic Policies are determined by Council, and relate to Councillors and the broader community. These policies require public exhibition (if new or include significant changes) and adoption by Council. Operational Policies are determined and implemented by the General Manager, and relate to staff and the operations of the organisation.

While Council is currently in caretaker mode, this report does not relate to expenditure over $150,000 or a controversial development application, and therefore is able to be resolved.

 

Recommendation

That the following Strategic Policies be adopted:

-     ST010 - Code of Conduct

-     ST050 - Code of Meeting Practice

-     ST001 - Asbestos Management

 

further considerations

Consideration has been given to the recommendation’s impact on Council’s service delivery; image and reputation; political; environmental; health and safety; employees; stakeholders and project management; and no further implications or risks have been identified.

SUPPORTING INFORMATION

At its meeting of 22 June 2017 Council considered draft amendments to the Code of Conduct, Code of Meeting Practice and Asbestos Management Policies, and resolved to place these policies on public exhibition.

Council received no submissions in relation to the amendments to these Policies, which are now presented to Council for adoption.

 

Attachments

1          Strategic Policy - ST010 - Code of Conduct, D17/16606

2          Strategic Policy - ST010 - Code of Conduct - ATTACHMENT - Code of Conduct, D17/16610

3          Strategic Policy - ST010 - Code of Conduct - ATTACHMENT - Procedures for Administration, D17/16609

4          Draft - Strategic Policy - ST050 - Code of Meeting Practice, D17/34213

5          Draft - Strategic Policy - ST050 - Code of Meeting Practice attachment, D17/34214

6          Strategic Policy - ST001 - Asbestos Management, D17/33915

7          Asbestos Management Plan, D17/34893

 


Council Meeting                                                                                         15 August 2017

5.6                       Strategic Policy Review

Attachment 1      Strategic Policy - ST010 - Code of Conduct

STRATEGIC POLICY

CODE OF CONDUCT

ST010                                                                                                                                                                                      F22

 

ObjectiveS

To provide a Code of Conduct for Orange City Council as required under the Local Government Act 1993.

Applicability

The Orange City Council Code of Conduct applies to Councillors, workers, volunteers, committee and community members, contractors and other delegates of Orange City Council.

General

The Code of Conduct is based on the Model Code of Conduct and Model Procedures for the Administration of the Code of Conduct issued by the Office of Local Government and amended from time to time.

Procedure

All newly elected members, community committee members and all new employees shall be provided with a copy of Orange City Council’s Code of Conduct.

Training sessions will be provided for Councillors, employees and other delegates as appropriate.

ADMINISTRATION OF THE CODE OF CONDUCT

Appendix One of the Code of Conduct sets out the Procedures for the Administration of the Code of Conduct.

Related Policies/Documents

Code of Conduct

Procedures for the Administration of the Code of Conduct

Local Government Act 1993

Local Government Amendment (Councillor Misconduct and Poor Performance) Act 2015

Model Code of Conduct

Model Procedures for the Administration of the Code of Conduct

Public Interest Disclosures Act 1994

Guidelines and Circulars issued by the Office of Local Government


 

 

Responsible Area – Corporate and Commercial Services

REVISION

 

DATE

RESOLUTION

 

DATE

RESOLUTION

1

January 2006

06/685

7

November 2012

12/458

2

January 2007

07/207

8

16 April 2013

13/168

3

June 2007

07/258

9

1 July 2014

14/797

4

4 August 2008

08/841

10

21 July 2015

15/292

5

January 2009

09/453

11

5 April 2016

16/116

6

November 2011

11/517

12

 

 

All policies can be reviewed or revoked by resolution of Council, at any time.

SUMMARY OF AMENDMENTS

Amendment Date

Section/Reference and Amendment

June 2017

Part 2 – Purpose of the Code of Conduct. Addition of paragraph:

Council officials should be aware that the provisions of the Code of Conduct apply in full to situations where a Councillor or staff member, who identify themselves as associated with Orange City Council, make comment in traditional or social media.

Section 6.5 and Section 8.12 addition of reference to closed meetings

Included in definition - Council Meeting - an ordinary, extraordinary or closed meeting of Orange City Council

Minor formatting updates.

February 2016

Amendments made by the Local Government Amendment (Councillor Misconduct and Poor Performance) Act 2015.

Section 3.1 – General Conduct. New Part f

Section 4.29 – Loss of quorum as a result of compliance with this part. New Part b

June 2015

Minor formatting changes.

Clarification that provisions relating to gifts and benefits to Council delegates also relate to gifts and benefits offered to Council services.

July 2014

Changes to reflect change of name to Office of Local Government.

Inclusion of Practice Direction 1 issued by Office of Local Government in relation to ensuring any individual or organisation appointed to Council’s Conduct Review Panel meet the eligibility criteria set out in the Procedures (Section 6.3 – Procedures).

February 2013

Major review of Code of Conduct in line with the new Model Code of Conduct and Model Procedures for Administration of the Code of Conduct, issued by the Division of Local Government and effective March 2013.

September 2012

Part 1 – Context. Addition of text to indicate this part does not constitute separate enforceable standards of conduct

6.11-6.15 – Dress Code. Amendment to remove name of contractor providing uniform, and to exclude fixed term/temporary staff and other staff as determined by the General Manager

6.17 – Health, wellbeing and safety. Updated to reflect Work Health and Safety Act 2011

7.29 – Appointment to other organisations. New clause to include requirements when Councillors or Council staff are appointed to external bodies or organisations

8.11 – Lobbying. New clause setting out how Councillors can ensure transparency when being lobbied

 


Council Meeting                                                                                              15 August 2017

5.6                       Strategic Policy Review

Attachment 2      Strategic Policy - ST010 - Code of Conduct - ATTACHMENT - Code of Conduct

 

 

 

 

ORANGE CITY

COUNCIL

 

 

Code of Conduct

 

 

 

 

 

 

 

 


 

TABLE OF CONTENTS

 

PART 1       INTRODUCTION.. 3

PART 2       PURPOSE OF THE CODE OF CONDUCT. 4

PART 3       GENERAL CONDUCT OBLIGATIONS. 4

PART 4       CONFLICT OF INTERESTS. 6

PART 5       PERSONAL BENEFIT. 9

PART 6       RELATIONSHIP BETWEEN COUNCIL OFFICIALS. 11

PART 7       ACCESS TO INFORMATION AND COUNCIL RESOURCES. 13

PART 8       MAINTAINING THE INTEGRITY OF THIS CODE. 15

PART 9       DEFINITIONS. 17

 

ATTACHMENT

 

Code of Conduct Acknowledgement of Receipt Form............................................................ 18

 

The Procedures for the Administration of the Code of Conduct is a separate document.

 

The Code of Conduct sets out the standards of behaviour expected of all Council officials.

 


 

PART 1     INTRODUCTION

 

Orange City Council’s Code of Conduct is made for the purposes of section 440 of the Local Government Act 1993 (“the Act”) and incorporates the requirements of the Office of Local Government Model Code of Conduct for Local Councils in NSW as amended in November 2015 and Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW – November 2015. As a requirement of the Local Government Act 1993, all new employees of Council shall be provided with a copy of this Code of Conduct and the Acknowledgement of Receipt Form is required to be signed and returned to the Human Resources Section.

 

Council is an elected body responsible for administration of its area in accordance with the applicable legislation. It must do that in the best interests of the local community, as well as the public in general.

 

Councillors, administrators, members of staff of Council, independent Conduct Reviewers, members of Council Committees including the Conduct Review Committee and delegates of the Council must comply with the applicable provisions of Council’s Code of Conduct in carrying out their functions as Council officials. It is the personal responsibility of Council officials to comply with the standards in the Code and regularly review their personal circumstances with this in mind.

 

Councillors have two distinct roles under the Local Government Act 1993: as a member of the governing body of the Council; and as an elected person. Councillors, as members of the governing body, should work as part of a team to make decisions and policies that guide the activities of the Council. The role as an elected person requires Councillors to represent the interests of the community and provide leadership.

 

The Code of Conduct sets the standard of conduct that is expected when Council officials exercise these roles.

 

Failure by a Councillor to comply with the standards of conduct prescribed under this Code constitutes misconduct for the purposes of the Act. The Act provides for a range of penalties that may be imposed on Councillors for misconduct, including suspension or disqualification from civic office.

 

Failure by a member of staff to comply with Council’s Code of Conduct may give rise to disciplinary action.

 

The Code does not override or affect the legislation applicable to Local Government.

 

 

 

 

Garry Styles

GENERAL MANAGER


 

PART 2     PURPOSE OF THE CODE OF CONDUCT

 

The Code of Conduct is based on the Code of Conduct for Local Councils in NSW, and sets the minimum requirements of conduct for Council officials in carrying out their functions. The Model Code is prescribed by regulation.

 

The Code of Conduct has been developed to assist Council officials to:

§ Understand the standards of conduct that are expected of them

§ Enable them to fulfil their statutory duty to act honestly and exercise a reasonable degree of care and diligence (section 439)

§ Act in a way that enhances public confidence in the integrity of Local Government.

 

Council officials should be aware that the provisions of the Code of Conduct apply in full to situations where a Councillor or staff member, who identify themselves as associated with Orange City Council, make comment in traditional or social media.

PART 3     GENERAL CONDUCT OBLIGATIONS

 

General Conduct

 

3.1          You must not conduct yourself in carrying out your functions in a manner that is likely to bring Council or holders of Civic Office into disrepute. Specifically, you must not act in a way that:

a)  Contravenes the Act, associated regulations, Council’s relevant administrative requirements and policies

b)  is detrimental to the pursuit of the charter of Council

c)   is improper or unethical

d)  is an abuse of power or otherwise amounts to misconduct

e)  causes, comprises or involves intimidation, harassment or verbal abuse

f)   causes, comprises or involves discrimination, disadvantage or adverse treatment in relation to employment (Schedule 6A)

g)  causes, comprises or involves prejudice in the provision of a service to the community (schedule 6A)

 

3.2       You must act lawfully, honestly and exercise a reasonable degree of care and diligence in           carrying out your functions under the Act or any other Act (section 439)

 

3.3       You must treat others with respect at all times.

 

Fairness and equity

 

3.4       You must consider issues consistently, promptly and fairly. You must deal with matters in           accordance with established procedures, in a non-discriminatory manner.

 

3.5       You must take all relevant facts known to you or that you should be reasonably aware of,          into consideration and have regard to the particular merits of each case. You must not take   irrelevant matters or circumstances into consideration when making decisions.

 

Harassment and discrimination

 

3.6          You must not harass, discriminate against, or support others who harass and discriminate against colleagues or members of the public. This includes, but is not limited to harassment and discrimination on the grounds of sex, pregnancy, age, race, responsibilities as a carer, marital status, disability, homosexuality, transgender grounds or if a person has an infectious disease.


 

Development decisions

 

3.7          You must ensure that development decisions are properly made and that parties involved in the development process are dealt with fairly. You must avoid any occasion for suspicion of improper conduct in the development assessment process.

 

3.8          In determining development applications, you must ensure that no action, statement or communication between yourself and applicants or objectors conveys any suggestion of willingness to provide improper concessions or preferential treatment.

 

Binding caucus votes

 

3.9       You must not participate in binding caucus votes in relation to matters to be considered at a     Council or Committee meeting

 

3.10        For the purpose of the clause 3.9, a binding caucus vote is a process whereby a group of Councillors are compelled by a threat of disciplinary or other adverse action to comply with a predetermined position on a matter before the Council or Committee irrespective of the personal views of individual members of the group on the merits of the matter before the Council or Committee.

 

3.11        Clause 3.9 does not prohibit Councillors from discussing a matter before the Council or Committee prior to considering the matter in question at a Council or Committee meeting or from voluntarily holding a shared view with other Councillors on the merits of a matter.

 

3.12        Clause 3.9 does not apply to a decision to elect the Mayor or Deputy Mayor or to nominate a person to be a member of a Council Committee.

 

Alcohol and other drugs

 

3.13        In carrying out your functions or official duties you must never be intoxicated by alcohol or be affected by drugs. To be so is an unsafe personal condition and is proven to be a hindrance in carrying out official duties. A person, so affected, cannot provide the high standard of service required. Such a person could also expose others to an unacceptable level of risk.

 

Customer Service - Dress Code

 

3.14        A corporate wear designed specifically for Orange City Council is available, and a subsidy is available from Council of 50%, up to an annual maximum as set in Council’s Delivery/Operational Plan.

 

                All staff employed after June 1995 are required to wear the corporate uniform during working hours (excluding fixed term staff, and other staff as determined by the General Manager).

 

3.15        Shoes must be kept clean. Classic style is preferable and colour in keeping with uniform tones.

 

3.16        Clothing should be laundered or dry cleaned and neatly pressed regularly.

 

3.17        Staff should present themselves in a neat and clean manner at all times.

 

3.18        Name badges are to be worn during working hours.


 

Health, wellbeing and safety

 

3.19        Councillors and Council staff should ensure that Council’s premises are adequate to ensure the health, safety and wellbeing of other Council officials and members of the public in accordance with their obligations under the Work Health and Safety Act 2011.

PART 4     CONFLICT OF INTERESTS

 

4.1       A conflict of interests exists where a reasonable and informed person would perceive that       you could be influenced by a private interest when carrying out your public duty.

 

4.2          You must avoid or appropriately manage any conflict of interests. The onus is on you to identify a conflict of interests and take the appropriate action to manage the conflict in favour of your public duty.

 

4.3          Any conflict of interests must be managed to uphold the probity of Council decision-making. When considering whether or not you have a conflict of interests, it is always important to think about how others would view your situation.

 

4.4       Private interest can be of two types: pecuniary and non-pecuniary.

 

What is a pecuniary interest?

 

4.5       A pecuniary interest is an interest that a person has in a matter because of a reasonable             likelihood or expectation of appreciable financial gain or loss to the person (section 442).

 

4.6          A person will also be taken to have a pecuniary interest in a matter if that person’s spouse or de facto partner or relative of the partner or a partner or employer of the person, or a company or other body of which the person, or a nominee, partner or employer of the person is a member, has a pecuniary interest in the matter (section 443).

 

4.7       Pecuniary interests are regulated by Chapter 14, Part 2 of the Act. The Act requires that:

a)  Councillors and designated persons lodge an initial and an annual written disclosure of interests that could potentially be in conflict with their public or professional duties (section 449)

b)  Councillors and members of Council Committees disclose an interest and the nature of that interest at a meeting, leave the meeting and be out of sight of the meeting and not participate in discussions or voting on the matter (section 451)

c)   designated persons immediately declare, in writing, and pecuniary interest (section 459)

 

4.8       Designated persons are defined at section 441 of the Act, and include, but are not limited to,   the General Manager and other senior staff of Council.

 

4.9          Where you are a member of staff of Council, other than a designated person (as defined in section 441), you must disclose in writing to your supervisor or the General Manager, the nature of any pecuniary interest you have in a matter you are dealing with as soon as practicable.

 


 

What are non-pecuniary interests?

 

4.10        Non-pecuniary interests are private or personal interests the Council official has that do not amount to a pecuniary interest as defined in the Act. These commonly arise out of family, or personal relationships, or involvement in sporting, social or other cultural groups and associations and may include an interest of a financial nature.

 

4.11    The political views of a Councillor do not constitute a private interest.

 

Managing non-pecuniary conflict of interests

 

4.12        Where you have a non-pecuniary interest that conflicts with your public duty, you must disclose the interest fully and in writing, even if the conflict is not significant, you must do this as soon as practicable.

 

4.13        If a disclosure is made at a Council or Committee meeting, both the disclosure and the nature of the interest must be recorded on the minutes. This disclosure constitutes disclosure in writing for the purpose of Clause 4.2.

 

4.14        How you manage a non-pecuniary conflict of interests will depend on whether or not it is significant.

 

4.15        As a general rule, a non-pecuniary conflict of interests will be significant where a matter does not raise a pecuniary interest but it involves:

a)  a relationship between a Council official and another person that is particularly close, for example, parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descendant or adopted child of the person or of the person’s spouse, current or former spouse or partner, de facto or other person living in the same household

b)  other relationships that are particularly close, such as friendships and business relationships. Closeness is defined by the nature of the friendship or business relationship,  the frequency of contact and the duration of the friendship or relationship

c)   an affiliation between the Council official and an organisation, sporting body, club, corporation or association that is particularly strong.

 

4.16        If you are a Council official, other than a member of staff of Council, and you have disclosed that a significant non-pecuniary conflict of interests exists, you must manage it in one of two ways:

a)  remove the source of the conflict, by relinquishing or divesting the interest that creates the conflict, or reallocating the conflicting duties to another Council official

b)  have no involvement in the matter, by absenting yourself from and not taking part in any debate or voting on the issue as if the provisions in section 451(2) of the Act apply.

 

4.17        If you determine that a non-pecuniary conflict of interests is less than significant and does not require further action, you must provide an explanation of why you consider that the conflict does not require further action in the circumstances.

 

4.18        If you are a member of staff of Council, the decision on which option should be taken to manage a non-pecuniary conflict of interests must be made in consultation with your manager.

 

4.19        Despite clause 4.16(b), a Councillor who has disclosed that a significant non-pecuniary conflict of interests exists may participate in a decision to delegate Council’s decision-making role to Council staff through the General Manager, or appoint another person or body to make the decision in accordance with the law. This applies whether or not Council would be deprived of a quorum if one or more Councillors were to manage their conflict of interests by not voting on a matter in accordance with clause 4.16(b) above.

 

Reportable political donations

 

4.20        Councillors should note that matters before Council involving political or campaign donors may give rise to a non-pecuniary conflict of interests.

 

4.21    Where a Councillor has received or knowingly benefitted from a reportable political         donation:

a)  made by a major political donor in the previous four years, and

b)  where the major political donor has a matter before Council,

 

      then the Councillor must declare a non-pecuniary conflict of interests, disclose the nature of the interest, and manage the conflict of interests in accordance with clause 4.16(b).

 

4.22    For the purpose of this Part:

a)  a “reportable political donation” is a “reportable political donation” for the purposes of section 86 of the Election Funding, Expenditure and Disclosures Act 1981

b)  a “major political donor” is a “major political donor” for the purposes of section 84 of the Election Funding, Expenditure and Disclosures Act 1981.

 

4.23        Councillors should note that political donations below $1,000, or political donations to a registered political party or group by which a Councillor is endorsed, may still give rise to a non-pecuniary conflict of interests. Councillors should determine whether or not such conflicts are significant and take the appropriate action to manage them.

 

4.24        If a Councillor has received or knowingly benefitted from a reportable political donation of the kind referred to in clause 4.21, that Councillor is not prevented from participating in a decision to delegate Council’s decision-making role to Council staff through the General Manager or appointing another person or body to make the decision in accordance with the law (see Clause 4.19 above).

 

Loss of quorum as a result of compliance with this part

 

4.25    Where a majority of Councillors are precluded under this Part from consideration of a matter the Council or Committee must resolve to delegate consideration of the matter in question to another person.

 

4.26    Where a majority of Councillors are precluded under this Part from consideration of a matter and the matter in question concerns the exercise of a function that may not be delegated under section 377 of the Act, the Councillors may apply in writing to the Chief Executive to be exempted from complying with a requirement under this Part relating to the management of a non-pecuniary conflict of interests.

 

4.27    The Chief Executive will only exempt a Councillor from complying with a requirement under this Part where:

a)     compliance by Councillors with a requirement under the Part in relation to a matter will result in the loss of a quorum, and

b)     the matter relates to the exercise of a function of the Council that may not be delegated under section 377 of the Act.

 

4.28    Where the Chief Executive exempts a Councillor from complying with a requirement under this Part, the Councillor must still disclose any interests they have in the matter the exemption applies to in accordance with the requirements of this Part.

 

4.29    A Councillor, who would otherwise be precluded from participating in the consideration of a matter under this Part because they have a non-pecuniary conflict of interests in the matter, is permitted to participate in consideration of the matter, if:

a)     the matter is a proposal relating to

i)    the making of a principal environmental planning instrument applying to the whole or a significant part of the Council’s area, or

ii)   the amendment, alteration or repeal of an environmental planning instrument where the amendment, alteration or repeal applies to the whole or a significant part of the Council’s area, and

b)     the non-pecuniary  conflict of interest arises only because of an interest that a person has in that person’s principle place of residence.

c)      The Councillor declares any interest they have in the matter that would otherwise have precluded their participation in consideration of the matter under this Part.

 

Other business or employment

 

4.30    If you are a member of staff of Council considering outside employment or contract work that relates to the business of the Council or that might conflict with your Council duties, you must notify and seek the approval of the General Manager in writing (section 353).

 

4.31    As a member of staff, you must ensure that any outside employment or business you engage in will not:

 

a)     conflict with your official duties

b)     involve using confidential information or Council resources obtained through your work with Council

c)      require you to work while on Council duty

d)     discredit or disadvantage the Council.

 

Personal dealings with Council

 

4.32    You may have reason to deal with your Council in your personal capacity (for example, as a ratepayer, recipient of a Council service or applicant for a consent granted by Council). You must not expect or request preferential treatment in relation to any matter in which you have a private interest because of your position. You must avoid any action that could lead members of the public to believe that you are seeking preferential treatment.

 

4.33    Councillors and Council staff may be appointed or nominated by Council as a member of another body or organisation. If so, they will be bound by the rules of conduct of both organisations.

PART 5     PERSONAL BENEFIT

 

For the purposes of this section, a reference to a gift or benefit does not include a political donation or contribution to an election fund that is subject to the provisions of the relevant election funding legislation.

 

The following provisions apply equally to gifts and benefits offered to individual Council delegates, and to Council Services.

 


 

Gifts and Benefits

 

5.1       You must avoid situations giving rise to the appearance that a person or body, through the provision of gifts, benefits or hospitality of any kind, is attempting to secure favourable treatment from you or from the Council.

 

5.2       You must take all reasonable steps to ensure that your immediate family members do not receive gifts or benefits that give rise to the appearance of being an attempt to secure favourable treatment. Immediate family members ordinarily include parents, spouses, children and siblings.

 

Token gifts and benefits

 

5.3       Generally speaking, token gifts and benefits include:

a)       free or subsidised meals, beverages or refreshments provided in conjunction with:

i)     the discussion of official business

ii)    Council work related events such as training, education sessions, workshops

iii)   conferences

iv)   Council functions or events

v)    social functions organised by groups, such as Council Committees and community organisations

b)       invitations to and attendance at local social, cultural or sporting events

c)       gifts of single bottles of reasonably priced alcohol to individual Council officials at end of year functions, public occasions or in recognition of work done (such as providing a lecture/training session/address)

d)       ties, scarves, coasters, tie pins, diaries, chocolates or flowers

e)       prizes of token value.

 

Gifts and benefits of value

 

5.4       Notwithstanding clause 5.3, gifts and benefits that have more than a token value include, but are not limited to, tickets to major sporting events (such as state or international cricket matches or matches in other national sporting codes (including the NRL, AFL, FFA, NBL)), corporate hospitality at a corporate facility at major sporting events, discounted products for personal use, the frequent use of facilities such as gyms, use of holiday homes, free or discounted travel.

 

How are offers of gifts and benefits to be dealt with?

 

5.5       You must not:

a)  seek or accept a bribe or other improper inducement

b)  seek gifts or benefits of any kind

c)   accept any gift or benefit that may create a sense of obligation on your part or may be perceived to be intended or likely to influence you in carrying out your public duty

d)  accept any gift or benefit of more than token value

e)  accept an offer of cash or a cash-like gift, regardless of the amount.

f)   accept any gift or benefit if you are a member of staff delegated to authorise purchase requisitions

 

5.6       For the purposes of clause 5.5(e), a “cash-like gift” includes but is not limited to gift vouchers, credit cards, debit cards with credit on them, prepayments such as phone or internal credit, memberships or entitlements to discounts.

 


 

5.7       Where you receive a gift or benefit of more than token value that cannot reasonably be refused or returned, this must be disclosed promptly to your supervisor, the Mayor or the General Manager. The recipient, supervisor, Mayor or General Manager must ensure that any gifts or benefits of more than token value that are received are recorded in a Gifts Register. The gift or benefit must be surrendered to Council, unless the nature of the gift or benefit makes this impractical.

 

Improper and undue influence

 

5.8       You must not use your position to influence other Council officials in the performance of their public or professional duties to obtain a private benefit for yourself or for somebody else. A Councillor will not be in breach of this clause where they seek to influence other Council officials through the appropriate exercise of their representative functions.

 

5.9       You must not take advantage (or seek to take advantage) of your status or position with or of functions you perform for Council in order to obtain a private benefit for yourself or for any other person or body.

 

Lobbying

 

5.10    Councillors and Council staff may be lobbied by a wide range of people, including individuals, organisations, companies and developers. As a general rule it is an essential element of the democratic system that any individual should be able to lobby the Council or a Councillor. However, particular considerations apply when Councillors and Council staff are dealing with statutory powers such as planning.

 

5.11    Councillors and Council staff must consider evidence and arguments put by a wide range of organisations and individuals in order to perform their duties effectively. However, Councillors should encourage lobbyists and applicants to put their views in writing to the General Manager for evaluation by Council staff and reporting to Council of all the consequences of granting the request.

 

5.12    Councillors can ensure transparency when being lobbied by:

·    keeping records of meetings

·    holding meetings in locations such as Council offices

·    ensuring other people are present

·    making sure that any information obtained when being lobbied is available to Council staff and other Councillors.

PART 6     RELATIONSHIP BETWEEN COUNCIL OFFICIALS

 

Obligations of Councillors and administrators

 

6.1       Each Council is a body politic. The Councillors or administrator/s are the governing body of the Council. The governing body has the responsibility of directing and controlling the affairs of the Council in accordance with the Act and is responsible for policy determinations, for example, those relating to workforce policy.

 


 

6.2       Councillors or administrators must not:

a)  direct Council staff other than by giving appropriate direction to the General Manager in the performance of Council’s functions by way of Council or Committee resolution, or by the Mayor or administrator exercising their power under section 226 of the Act (section 352)

b)  in any public or private forum, direct or influence or attempt to direct or influence, any other member of the staff of the Council or a delegate of the Council in the exercise of the functions of the member or delegate (Schedule 6A of the Act)

c)   contact a member of the staff of the Council on Council-related business unless in accordance with the policy and procedures governing the interaction of Councillors and Council staff that have been authorised by the Council and the General Manager

d)  contact or issue instructions to any of Council’s contractors or tenderers, including Council’s legal advisers, unless by the Mayor or administrator exercising their power under section 226 of the Act. This does not apply to Council’s external auditors or the Chairperson of Council’s Audit and Risk Management Committee who may be provided with any information by individual Councillors reasonably necessary for the external auditor or Audit and Risk Management Committee to effectively perform their functions.

 

Obligations of staff

 

6.3       The General Manager is responsible for the efficient and effective operation of the Council’s organisation and for ensuring the implementation of the decisions of the Council without delay.

 

6.4       Members of staff of Council must:

a)  give their attention to the business of Council while on duty

b)  ensure that their work is carried out efficiently, economically and effectively

c)   carry out lawful directions given by any person having authority to give such directions

d)  give effect to the lawful decisions, policies, and procedures of the Council, whether or not the staff member agrees with or approves of them

e)  ensure that any participation in political activities outside the service of the Council does not conflict with the performance of their official duties.

 

Obligations during meetings

 

6.5       You must act in accordance with Council’s Code of Meeting Practice and the Local Government (General) Regulation 2005 during Council and Committee meetings, including Closed Meetings.

 

6.6       You must show respect to the Chairperson, other Council officials and any members of the public present during Council and Committee meetings or other formal proceedings of Council.

 

Inappropriate interactions

 

6.7       You must not engage in any of the following inappropriate interactions:

a)    Councillors and administrators approaching staff and staff organisations to discuss individual or operational staff matters other than broader workforce policy issues.

b)    Council staff approaching Councillors and administrators to discuss individual or operational staff matters other than broader workforce policy issues.

c)    Council staff refusing to give information that is available to other Councillors to a particular Councillor.

d)    Councillors and administrators who have lodged a development application with Council, discussing the matter with Council staff in staff-only areas of Council.

e)    Councillors and administrators being overbearing or threatening to Council staff.

f)     Councillors and administrators making personal attacks on Council staff in a public forum.

g)    Councillors and administrators directing or pressuring Council staff in the performance of their work, or recommendations they should make.

h)    Council staff providing ad hoc advice to Councillors and administrators without recording or documenting the interaction as they would if the advice was provided to a member of the community.

i)     Council staff meeting with applicants or objectors alone AND outside office hours to discuss applications or proposals.

j)     Councillors attending on-site inspection meetings with lawyers and/or consultants engaged by Council associated with current or proposed legal proceedings unless permitted to do so by Council’s General Manager or, in the case of the Mayor or administrator, exercising their power under section 226 of the Act.

PART 7     ACCESS TO INFORMATION AND COUNCIL RESOURCES

 

Councillor and administrator access to information

 

7.1       The General Manager and Public Officer are responsible for ensuring that members of the public, Councillors and administrators can gain access to the documents available under the Government Information (Public Access) Act 2009.

 

7.2       The General Manager must provide Councillors and administrators with information sufficient to enable them to carry out their civic office functions.

 

7.3       Members of staff of Council must provide full and timely information to Councillors and administrators sufficient to enable them to carry out their civic office functions and in accordance with Council procedures.

 

7.4       Members of staff of Council who provide any information to a particular Councillor in the           performance of their civic duties must also make it available to any other Councillor who       requests it and in accordance with Council procedures.

 

7.5       Councillors and administrators who have a private (as distinct from civic) interest in a document of Council have the same rights of access as any member of the public.

 

Councillors and administrators to properly examine and consider information

 

7.6       Councillors and administrators must properly examine and consider all the information provided to them relating to matters that they are dealing with to enable them to make a decision on the matter in accordance with Council’s charter.

 

Refusal of access to documents

 

7.7       Where the General Manager and Public Officer determine to refuse access to a document sought by a Councillor or administrator they must act reasonably. In reaching this decision they must take into account whether or not the document sought is required for the Councillor or administrator to perform their civic duty (see clause 7.2). The General Manager or Public Officer must state the reasons for the decision if access is refused.

 

Use of certain Council information

 

7.8       In regard to information obtained in your capacity as a Council official, you must:

a)  only access Council information needed for Council business

b)  not use that Council information for private purposes

c)   not seek or obtain, either directly or indirectly, any financial benefit or other improper advantage for yourself, or any other person or body, from any information to which you have by virtue of your office or position with Council

d)  only release Council information in accordance with established Council policies and procedures and in compliance with relevant legislation.

 

Use and security of confidential information

 

7.9       You must maintain the integrity and security of confidential documents or information in your possession, or for which you are responsible.

 

7.10    In addition to your general obligations relating to the use of Council information, you must:

a)  protect confidential information

b)  only release confidential information if you have authority to do so

c)   only use confidential information for the purpose it is intended to be used

d)  not use confidential information gained through your official position for the purpose of securing a private benefit for yourself or for any other person

e)  not use confidential information with the intention to cause harm or detriment to your Council or any other person or body

f)   not disclose any information discussed during a confidential session of a Council meeting.

 

Personal information

 

7.11    When dealing with personal information you must comply with:

a)  the Privacy and Personal Information Protection Act 1998

b)  the Health Records and Information Privacy Act 2002

c)   the Information Protection Principles and Health Privacy Principles

d)  Council’s Privacy Management Plan

e)  the Privacy Code of Practice for Local Government

 

Use of Council resources

 

7.12    You must use Council resources ethically, effectively, efficiently and carefully in the course of your official duties, and must not use them for private purposes (except when supplied as part of a contract of employment) unless this use is lawfully authorised and proper payment is made where appropriate.

 

7.13    Union delegates and Consultative Committee Members may have reasonable access to Council resources for the purposes of carrying out their industrial responsibilities, including but not limited to:

a)  the representation of members with respect to disciplinary matters

b)  the representation of employees with respect to grievances and disputes

c)   functions associated with the role of the local consultative Committee.

 

7.14    You must be scrupulous in your use of Council property, including intellectual property, official services and facilities, and must not permit their misuse by any other person or body.

 

7.15    You must avoid any action or situation that could create the appearance that Council property, official services or public facilities are being improperly used for your benefit or the benefit of any other person or body.

 


 

7.16    You must not use Council resources, property or facilities for the purpose of assisting your election campaign or the election campaign of others unless the resources, property or facilities are otherwise available for use or hire by the public and any publicly advertised fee is paid for use of the resources, property or facility.

 

7.17    You must not use Council letterhead, Council crests or logos, and other information that could give the appearance it is official Council material for:

a)  the purpose of assisting your election campaign or the election campaign of others, or

b)  for other non-official purposes.

 

7.18    You must not convert any property of the Council to your own use unless properly authorised.

 

7.19    You must not use Council’s computer resources to search for, access, download or communicate any material of an offensive, obscene, pornographic, threatening, abusive or defamatory nature.

 

Councillor access to Council buildings

 

7.20    Councillors and administrators are entitled to have access to the Council Chamber, Committee room, Mayor’s Office (subject to availability), Councillors’ rooms, and public areas of Council’s buildings during normal business hours and for meetings. Councillors and administrators needing access to these facilities at other times must obtain authority from the General Manager.

 

7.21    Councillors and administrators must not enter staff-only areas of Council buildings without the approval of the General Manager (or delegate) or as provided in the procedures governing the interaction of Councillors and Council staff.

 

7.22    Councillors and administrators must ensure that when they are within a staff area they avoid giving rise to the appearance that they may improperly influence Council staff decisions.

PART 8     MAINTAINING THE INTEGRITY OF THIS CODE

 

8.1       You must not conduct yourself in a manner that is likely to undermine confidence in the integrity of this Code or its administration.

 

Complaints made for an improper purpose

 

8.2       You must not make a complaint or cause a complaint to be made under this Code for an improper purpose.

 

8.3       For the purposes of clause 8.2, a complaint is made for an improper purpose where it is trivial, frivolous, vexatious or not made in good faith, or where it otherwise lacks merit and has been made substantially for one or more of the following purposes:

a)  to intimidate or harass another Council official

b)  to damage another Council official’s reputation

c)   to obtain a political advantage

d)  to influence a Council official in the exercise of their official functions or to prevent or disrupt the exercise of those functions

e)  to influence the Council in the exercise of its functions or to prevent or disrupt the exercise of those functions

f)   to avoid disciplinary action under this Code

g)  to take reprisal action against a person for making a complaint under this Code except as may be otherwise specifically permitted under this Code

h)  to take reprisal action against a person for exercising a function prescribed under the procedures for the administration of this Code except as may be otherwise specifically permitted under this Code

i)    to prevent or disrupt the effective administration of this Code.

 

Detrimental action

 

8.4       You must not take detrimental action or cause detrimental action to be taken against a person substantially in reprisal for a complaint they have made under this Code except as may be otherwise specifically permitted under this Code.

 

8.5       You must not take detrimental action or cause detrimental action to be taken against a person substantially in reprisal for any function they have exercised under this Code except as may be otherwise specifically permitted under this Code.

 

8.6       For the purposes of clauses 8.4 and 8.5 detrimental action is an action causing, comprising or involving any of the following:

a)  injury, damage or loss

b)  intimidation or harassment

c)   discrimination, disadvantage or adverse treatment in relation to employment

d)  dismissal from, or prejudice in, employment

e)  disciplinary proceedings.

 

Compliance with requirements under this Code

 

8.7       You must not engage in conduct that is calculated to impede or disrupt the consideration of a matter under this Code.

 

8.8       You must comply with a reasonable and lawful request made by a person exercising a function under this Code.

 

8.9       You must comply with a practice ruling made by the Office of Local Government.

 

8.10    Where you are a Councillor or the General Manager, you must comply with any Council resolution requiring you to take action as a result of a breach of this Code.

 

Disclosure of information about the consideration of a matter under this Code

 

8.11    You must report breaches of this Code in accordance with the reporting requirements under this Code.

 

8.12    You must not make allegations of suspected breaches of this Code at Council meetings (including Closed Meetings) or in other public forums.

 

8.13    You must not disclose information about the consideration of a matter under this Code except for the purposes of seeking legal advice unless the disclosure is otherwise permitted under this Code.

 

Complaints alleging a breach of this part

 

8.14    Complaints alleging a breach of this Part (Part 8) by a Councillor, the General Manager or an administrator are to be made to the Office of Local Government.

 

8.15    Complaints alleging a breach of this Part by other Council officials are to be made to the General Manager.

PART 9     DEFINITIONS

 

In the Code of Conduct the following definitions apply:

 

the Act                                    the Local Government Act 1993

 

act of disorder                     see the definition in clause 256 of the Local Government (General) Regulation 2005

 

administrator                       an administrator of Council appointed under the Act other than an administrator appointed under section 66

 

Chief Executive                   Chief Executive of the Office of Local Government

 

Committee                           a Council Committee

 

conflict of interests           a conflict of interests exists where a reasonable and informed person would perceive that you could be influenced by a private interest when carrying out your public duty

 

Council Committee            a Committee established by resolution of Council

 

“Council Committee

member”                               a person other than a Councillor or member of staff of a Council who is a member of a Council Committee

 

Council Meeting                 an ordinary, extraordinary or closed meeting of Orange City Council

 

Council official                     includes Councillors, members of staff of Council, administrators, Council Committee members, Conduct Reviewers and delegates of Council

 

Councillor                              a person elected or appointed to civic office and includes a Mayor

 

delegate of Council           a person (other than a Councillor or member of staff of a Council) or body, and the individual members of that body, to whom a function of the Council is delegated

 

designated person            see the definition in section 441 of the Act

 

election campaign              includes Council, State and Federal election campaigns

 

personal information        information or an opinion about a person whose identity is apparent, or can be ascertained from the information or opinion

 

the Regulation                     the Local Government (General) Regulation 2005

 

The term “you” used in the Code of Conduct refers to Council officials.

 

The phrase “this Code” used in the Code of Conduct refers also to the Procedures for the Administration of the Code of Conduct prescribed under the Local Government (General) Regulation 2005.


(Attachment 1)

 

 

 

Code of Conduct

acknowledgement of receipt form

 

 

Name

 

Position

 

Address

 

I hereby certify that I have read, understood and agree to comply with the provisions of the Orange City Council Code of Conduct.

Signature

 

Date

 

 

 

Please return to Human Resources at the Civic Centre or via council@orange.nsw.gov.au

 

 

 

 

 


Council Meeting                                                                                      15 August 2017

5.6                       Strategic Policy Review

Attachment 3      Strategic Policy - ST010 - Code of Conduct - ATTACHMENT - Procedures for Administration

 

 

 

 

PROCEDURES FOR ADMINISTRATION OF THE ORANGE CITY COUNCIL CODE OF CONDUCT

 

 

 

 

 

 

 

 

 


 

TABLE OF CONTENTS

 

 

 

PART 1          INTRODUCTION.. 3

PART 2          DEFINITIONS. 3

PART 3          ADMINISTRATIVE FRAMEWORK. 5

PART 4          HOW MAY CODE OF CONDUCT COMPLAINTS BE MADE?. 7

PART 5          HOW ARE CODE OF CONDUCT COMPLAINTS TO BE MANAGED?. 9

PART 6          PRELIMINARY ASSESSMENT. 15

PART 7          OPERATIONS OF CONDUCT REVIEW COMMITTEES. 19

PART 8          INVESTIGATIONS. 21

PART 9          RIGHTS OF REVIEW... 28

PART 10       PROCEDURAL IRREGULARITIES. 30

PART 11       PRACTICE DIRECTIONS. 30

PART 12       REPORTING ON COMPLAINTS STATISTICS. 30

PART 13       CONFIDENTIALITY. 31

 

PART 1    
INTRODUCTION

 

These procedures (“the Code of Conduct Procedures”) are prescribed for the purposes of the administration of the Code of Conduct for Local Councils in NSW (“the Code”). The Code and Code Procedures are made under sections 440 and 440AA respectively of the Local Government Act 1993 (“the Act”) and the Local Government (General) Regulation 2005 (“the Regulation”).

 

Sections 440 and 440AA of the Act require every Council to adopt a Code of Conduct and procedures for the administration of the Code of Conduct that incorporate the provisions of the Code and Code Procedures respectively.

 

In adopting procedures for the administration of their adopted Codes of Conduct, Councils may supplement the Code Procedures. However provisions of a Council’s adopted procedures that are not consistent with those prescribed under the Code Procedures will have no effect.

 

PART 2     DEFINITIONS

 

For the purposes of the procedures, the following definitions apply:

 

“the Act”                                             the Local Government Act 1993

 

“administrator”                                                 an administrator of Council appointed under the Act other than an administrator appointed under section 66

 

“Code of Conduct”                                          a Code of Conduct adopted under section 440 of the Act

 

“Code of Conduct complaint”                     a complaint that alleges conduct on the part of a Council official acting in their official capacity that on its face, if proven, would constitute a breach of the standards of conduct prescribed under the Council’s Code of Conduct

 

“complainant”                                                   a person who makes a Code of Conduct complaint

 

“complainant Councillor”                              a Councillor who makes a Code of Conduct complaint

 

“complaints coordinator”                             a person appointed by the General Manager under these procedures as a Complaints Coordinator

 

“Conduct Reviewer”                                       a person appointed under these procedures to review allegations of breaches of the Code of Conduct by Councillors or the General Manager

 

“Council Committee”                                     a Committee established by resolution of Council

 

“Council Committee member”                   a person other than a Councillor or member of staff of a Council who is a member of a Council Committee

 

Council Meeting                                                 an ordinary, extraordinary or closed meeting of Orange City Council

 

“Councillor”                                                          a person elected or appointed to civic office and includes a Mayor

 

“Council official”                                               includes Councillors, members of staff of Council, administrators, Council Committee members, Conduct Reviewers and delegates of Council

 

“delegate of Council”                                     a person (other than a Councillor or member of staff of a Council) or body and the individual members of that body to whom a function of the Council is delegated

 

“the Office”                                                        the Office of Local Government, Department of Premier and Cabinet

 

“investigator”                                                    a Conduct Reviewer or Conduct Review Committee

 

“the Regulation”                                              the Local Government (General) Regulation 2005

 

“subject person”                                              a person whose Conduct is the subject of investigation by a Conduct Reviewer or Conduct Review Committee under these procedures

 

 


 

PART 3     ADMINISTRATIVE FRAMEWORK

 

The establishment of a panel of conduct Reviewers

 

3.1       The Council must by resolution establish a panel of Conduct Reviewers.

 

3.2       The Council may by resolution enter into an arrangement with one or more other Councils to share a panel of Conduct Reviewers.

 

3.3       The panel of Conduct Reviewers is to be established following a public expression of interest process.

 

3.4       An expression of interest for members of the Council’s panel of Conduct Reviewers must, at a minimum, be advertised locally and in the Sydney metropolitan area.

 

3.5       To be eligible to be a member of a panel of Conduct Reviewers, a person must, at a minimum, meet the following requirements:

a)    an understanding of Local Government, and

b)    knowledge of investigative processes including but not limited to procedural fairness requirements and the requirements of the Public Interest Disclosures Act 1994, and

c)    knowledge and experience of one or more of the following:

i)     investigations, or

ii)    law, or

iii)   public administration, or

iv)   public sector ethics, or

v)    alternative dispute resolution, and

d)    meet the eligibility requirements for membership of a panel of Conduct Reviewers under clause 3.6.

 

3.6       A person is not be eligible to be a member of the panel of Conduct Reviewers if they are

a)    a Councillor, or

b)    a nominee for election as a Councillor, or

c)    an administrator, or

d)    an employee of a Council, or

e)    a member of the Commonwealth Parliament or any State Parliament or Territory Assembly, or

f)     a nominee for election as a member of the Commonwealth Parliament or any State Parliament or Territory Assembly, or

g)    a person who has a conviction for an indictable offence that is not an expired conviction.

 

3.7       A person is not precluded from being a member of the Council’s panel of Conduct Reviewers if they are a member of another Council’s panel of Conduct Reviewers.

 

3.8       A panel of Conduct Reviewers established under this Part is to have a term of up to four years.

 

3.9       The Council may terminate the panel of Conduct Reviewers at any time by resolution.

 

3.10    When the term of the Conduct Reviewers concludes or is terminated, the Council must establish a new panel of Conduct Reviewers in accordance with the requirements of this Part.

 

3.11    A person who was a member of a previous panel of Conduct Reviewers established by Council may be a member of subsequent panels of Conduct Reviewers established by Council.

 

The appointment of Complaints Coordinators

 

3.12    The General Manager must appoint a member of staff of the Council to act as a Complaints Coordinator. Where practicable, the Complaints Coordinator should be a senior and suitably qualified member of staff.

 

3.13    The General Manager may appoint other members of staff to act as alternates to the Complaints Coordinator.

 

3.14    The General Manager must not undertake the role of Complaints Coordinator.

 

3.15    The person appointed as Complaints Coordinator or alternate Complaints Coordinator must also be a Nominated Disclosures Coordinator appointed for the purpose of receiving and managing reports of wrongdoing under the Public Interest Disclosures Act 1994.

 

3.16    The role of the Complaints Coordinator is to:

a)     coordinate the management of complaints made under the Council’s Code of Conduct,

b)     liaise with and provide administrative support to a Conduct Reviewer or Conduct Review Committee,

c)      liaise with the Office of Local Government, and

d)     arrange the annual reporting of Code of Conduct complaints statistics.

 

 


 

PART 4     HOW MAY CODE OF CONDUCT COMPLAINTS BE MADE?

 

What is a “Code of Conduct complaint”?

 

4.1       For the purpose of these procedures, a Code of Conduct complaint is a complaint that alleges conduct on the part of a Council official acting in their official capacity that on its face, if proven, would constitute a breach of the standards of conduct prescribed under the Council’s Code of Conduct.

 

4.2       Only Code of Conduct complaints are to be dealt with under these procedures. Complaints that do not satisfy the definition of a “Code of Conduct complaint” are to be dealt with under Council’s routine complaints management processes.

 

When must a Code of Conduct complaint be made?

 

4.3       A Code of Conduct complaint must be made within three months of the alleged conduct occurring or within three months of the complainant becoming aware of the alleged conduct.

 

4.4       A complaint made after three months may only be accepted if the General Manager, or, in the case of a complaint about the General Manager, the Mayor, is satisfied that there are compelling grounds for the matter to be dealt with under the Code of Conduct.

 

How may a Code of Conduct complaint about a Council official other than the General Manager be made?

 

4.5       All Code of Conduct complaints other than those relating to the General Manager are to be made to the General Manager in writing.

 

4.6       Where a Code of Conduct complaint about a Council official other than the General Manager cannot be made in writing, the complaint must be confirmed with the complainant in writing as soon as possible after the receipt of the complaint.

 

4.7       In making a Code of Conduct complaint about a Council official other than the General Manager, the complainant may nominate whether they want the complaint to be resolved by mediation or by other alternative means.

 

4.8       The General Manager or, where the complaint is referred to a Conduct Reviewer, the Conduct Reviewer, must consider the complainant’s preferences in deciding how to deal with the complaint.

 

4.9       Notwithstanding clauses 4.5 and 4.6, where the General Manager becomes aware of a possible breach of the Council’s Code of Conduct, he or she may initiate the process for the consideration of the matter under these procedures without a written complaint.

 


 

How may a Code of Conduct complaint about the General Manager be made?

 

4.10    Code of Conduct complaints about the General Manager are to be made to the Mayor in writing.

 

4.11    Where a Code of Conduct complaint about the General Manager cannot be made in writing, the complaint must be confirmed with the complainant in writing as soon as possible after the receipt of the complaint.

 

4.12    In making a Code of Conduct complaint about the General Manager, the complainant may nominate whether they want the complaint to be resolved by mediation or by other alternative means.

 

4.13    The Mayor or, where the complaint is referred to a Conduct Reviewer, the Conduct Reviewer must consider the complainant’s preferences in deciding how to deal with the complaint.

 

4.14    Notwithstanding clauses 4.10 and 4.11, where the Mayor becomes aware of a possible breach of the Council’s Code of Conduct by the General Manager, he or she may initiate the process for the consideration of the matter under these procedures without a written complaint.

 


 

 

PART 5     HOW ARE CODE OF CONDUCT COMPLAINTS TO BE MANAGED?

 

How are Code of Conduct complaints about staff (other than the General Manager) to be dealt with?

 

5.1       The General Manager is responsible for making enquiries or causing enquiries to be made into Code of Conduct complaints about members of staff of Council and for determining the outcome of such complaints.

 

5.2       Where the General Manager decides not to make enquiries into a Code of Conduct complaint about a member of staff, the General Manager must give the complainant reasons in writing for their decision.

 

5.3       Without limiting clause 5.2, the General Manager may decide not to enquire into the matter on grounds that the complaint is trivial, frivolous, vexatious or not made in good faith.

 

5.4       Enquiries made into staff conduct that might give rise to disciplinary action must occur in accordance with the relevant industrial instrument or employment contract and make provision for procedural fairness including the right of an employee to be represented by their union.

 

5.5       Sanctions for staff depend on the severity, scale and importance of the breach and must be determined in accordance with any relevant industrial instruments or contracts.

 

How are Code of Conduct complaints about delegates of Council and Council Committee members to be dealt with?

 

5.6       The General Manager is responsible for making enquiries or causing enquiries to be made into Code of Conduct complaints about delegates of Council and Council Committee members and for determining the outcome of such complaints.

 

5.7       Where the General Manager decides not to make enquiries into a Code of Conduct complaint about a delegate of Council or a Council Committee member, the General Manager must give the complainant reasons in writing for their decision.

 

5.8       Without limiting clause 5.7, the General Manager may decide not to enquire into the matter on grounds that the complaint is trivial, frivolous, vexatious or not made in good faith.

 

5.9       Sanctions for delegates of Council and/or members of Council Committees depend on the severity, scale and importance of the breach and may include one or more of the following:

a)    censure,

b)    requiring the person to apologise to any person or organisation adversely affected by the breach,

c)    prosecution for any breach of the law,

d)    removing or restricting the person’s delegation,  or

e)    removing the person from membership of the relevant Council Committee.

 


 

 

5.10    Prior to imposing a sanction against a delegate of Council or a Council Committee member under clause 5.9, the General Manager or any person making enquiries on behalf of the General Manager must comply with the requirements of procedural fairness. In particular:

a)    the substance of the allegation (including the relevant provision/s of Council’s Code of Conduct that the alleged conduct is in breach of) must be put to the person the subject of the allegation, and

b)    the person must be given an opportunity to respond to the allegation, and

c)    the General Manager must consider the person’s response in deciding whether to impose a sanction under clause 5.9.

 

How are Code of Conduct complaints about Conduct Reviewers to be dealt with?

 

5.11    The General Manager must refer all Code of Conduct complaints about Conduct Reviewers to the Office of Local Government for its consideration.

 

5.12    The General Manager must notify the complainant of the referral of their complaint in writing.

 

5.13    The General Manager must implement any recommendation made by the Office of Local Government as a result of its consideration of a Code of Conduct complaint about a Conduct Reviewer.

 

How are Code of Conduct complaints about administrators to be dealt with?

 

5.14    The General Manager must refer all Code of Conduct complaints about administrators to the Office for its consideration.

 

5.15    The General Manager must notify the complainant of the referral of their complaint in writing.

 

How are Code of Conduct complaints about Councillors to be dealt with?

 

5.16    The General Manager must refer the following Code of Conduct complaints about Councillors to the Office of Local Government:

a)    complaints alleging a breach of the pecuniary interest provisions of the Act,

b)    complaints alleging a failure to comply with a requirement under the Code of Conduct to disclose and appropriately manage conflicts of interests arising from reportable political donations (see section 328B),

c)    complaints alleging a breach of Part 8 of the Code of Conduct relating to the maintenance of the integrity of the Code, and

d)    complaints the subject of a special complaints management arrangement with the Office of Local Government under clause 5.40.

 

5.17    Where the General Manager refers a complaint to the Office under clause 5.16, the General Manager must notify the complainant of the referral in writing.

 


 

 

5.18    Where the General Manager considers it to be practicable and appropriate to do so, the General Manager may seek to resolve Code of Conduct complaints about Councillors, other than those requiring referral to the Office under clause 5.16, by alternative means such as, but not limited to, explanation, counselling, training, mediation, informal discussion, negotiation or apology instead of referring them to the Complaints Coordinator under clause 5.20.

 

5.19    Where the General Manager resolves a Code of Conduct complaint under clause 5.18 to the General Manager’s satisfaction, the General Manager must notify the complainant in writing of the steps taken to resolve the complaint and this shall finalise the consideration of the matter under these procedures.

 

5.20    The General Manager must refer all Code of Conduct complaints about Councillors other than those referred to the Office under clause 5.16 or resolved under clause 5.18 to the Complaints Coordinator.

 

How are Code of Conduct complaints about the General Manager to be dealt with?

 

5.21    The Mayor must refer the following Code of Conduct complaints about the General Manager to the Office of Local Government:

a)    complaints alleging a breach of the pecuniary interest provisions of the Act,

b)    complaints alleging a breach of Part 8 of the Code of Conduct relating to the maintenance of the integrity of the Code, and

c)    complaints the subject of a special complaints management arrangement with the Office of Local Government under clause 5.40.

 

5.22    Where the Mayor refers a complaint to the Office under clause 5.21, the Mayor must notify the complainant of the referral in writing.

 

5.23    Where the Mayor considers it to be practicable and appropriate to do so, he or she may seek to resolve Code of Conduct complaints about the General Manager, other than those requiring referral to the Office under clause 5.21, by alternative means such as, but not limited to, explanation, counselling, training, mediation, informal discussion, negotiation or apology instead of referring them to the Complaints Coordinator under clause 5.25.

 

5.24    Where the Mayor resolves a Code of Conduct complaint under clause 5.23 to the Mayor’s satisfaction, the Mayor must notify the complainant in writing of the steps taken to resolve the complaint and this shall finalise the consideration of the matter under these procedures.

 

5.25    The Mayor must refer all Code of Conduct complaints about the General Manager other than those referred to the Office under clause 5.21 or resolved under clause 5.23 to the Complaints Coordinator.

 


 

 

Referral of Code of Conduct complaints to external agencies

 

5.26    The General Manager, Mayor or a Conduct Reviewer or Conduct Review Committee may, at any time, refer a Code of Conduct complaint to an external agency or body such as, but not limited to, the Office, the Independent Commission Against Corruption, the NSW Ombudsman or the Police for its consideration, where they consider such a referral is warranted.

 

5.27    Where the General Manager, Mayor, Conduct Reviewer or Conduct Review Committee refers a complaint to an external agency or body under clause 5.26, they must notify the complainant of the referral in writing where it is appropriate for them to do so.

 

5.28    Referral of a matter to an external agency or body shall finalise consideration of the matter under the Code of Conduct unless the Council is subsequently advised otherwise by the referral agency or body.

 

Disclosure of the identity of complainants

 

5.29    In dealing with matters under these procedures, information that identifies or tends to identify complainants is not to be disclosed unless:

a)    the complainant consents in writing to the disclosure, or

b)    it is generally known that the complainant has made the complaint as a result of the complainant having voluntarily identified themselves as the person who made the complaint, or

c)    it is essential, having regard to procedural fairness requirements, that the identifying information be disclosed, or

d)    a Conduct Reviewer or Conduct Review Committee is of the opinion that disclosure of the information is necessary to investigate the matter effectively, or

e)    it is otherwise in the public interest to do so.

 

5.30    Clause 5.29 does not apply to Code of Conduct complaints made by Councillors about other Councillors or the General Manager.

 

5.31    Where a Councillor makes a Code of Conduct complaint about another Councillor or the General Manager and the complainant Councillor considers that compelling grounds exist that would warrant information that identifies or tends to identify them as the complainant not to be disclosed, they may request in writing that such information not be disclosed.

 

5.32    A request made by a complainant Councillor under clause 5.31 must be made at the time they make a Code of Conduct complaint and must state the grounds upon which the request is made.

 

5.33    The General Manager or Mayor or, where the matter is referred, a Conduct Reviewer or Conduct Review Committee must consider a request made under clause 5.31 before disclosing information that identifies or tends to identify the complainant Councillor but are not obliged to comply with the request.


 

 

5.34    Where a complainant Councillor makes a request under clause 5.31, the General Manager or Mayor or, where the matter is referred, a Conduct Reviewer or Conduct review Committee shall notify the Councillor in writing of their intention to disclose information that identifies or tends to identify them prior to disclosing the information.

 

Code of Conduct complaints made as Public Interest Disclosures

 

5.35    Code of Conduct complaints that are made as Public Interest Disclosures under the Public Interest Disclosures Act 1994 are to be managed in accordance with the requirements of that Act, the Council’s Internal Reporting Policy and any guidelines issued by the NSW Ombudsman that relate to the management of Public Interest Disclosures.

 

5.36    For a Code of Conduct complaint to be dealt with as a Public Interest Disclosure, the complainant must state at the outset and in writing at the time of making the complaint that it is made as a Public Interest Disclosure.

 

5.37    Where a Councillor makes a Code of Conduct complaint about another Councillor or the General Manager as a Public Interest Disclosure, before the matter may be dealt with under these procedures, the complainant Councillor must consent in writing to the disclosure of their identity as the complainant.

 

5.38    Where a complainant Councillor declines to consent to the disclosure of their identity as the complainant under clause 5.37, the General Manager or the Mayor must refer the complaint to the Office for consideration. Such a referral must be made under section 26 of the Public Interest Disclosures Act 1994.

 

Special complaints management arrangements

 

5.39    The General Manager may request in writing that the Office of Local Government enter into a special complaints management arrangement with the Council in relation to Code of Conduct complaints made by or about a person or persons.

 

5.40    Where the Office receives a request under clause 5.39, it may agree to enter into a special complaints management arrangement where it is satisfied that the number or nature of Code of Conduct complaints made by or about a person or persons has:

a)    imposed an undue and disproportionate cost burden on the Council’s administration of its Code of Conduct, or

b)    impeded or disrupted the effective administration by the Council of its Code of Conduct, or

c)    impeded or disrupted the effective functioning of the Council.

 

5.41    A special complaints management arrangement must be in writing and must specify the following:

a)    the Code of Conduct complaints the arrangement relates to, and

b)    the period that the arrangement will be in force.

 

5.42    The Office may by notice in writing, amend or terminate a special complaints management arrangement at any time.


 

 

5.43    While a special complaints management arrangement is in force, an officer of the Office (the assessing Divisional officer) must undertake the preliminary assessment of the Code of Conduct complaints specified in the arrangement in accordance with the requirements of these procedures except as provided by clause 5.44 below.

 

5.44    Where, following a preliminary assessment, the assessing Divisional officer determines that a Code of Conduct complaint warrants investigation by a Conduct Reviewer or a Conduct Review Committee, the assessing Divisional officer shall notify the Complaints Coordinator in writing of their determination and the reasons for their determination. The complaints coordinator must comply with the recommendation of the assessing Divisional officer.

 

5.45    Prior to the expiry of a special complaints management arrangement, the Office of Local Government shall, in consultation with the General Manager, review the arrangement to determine whether it should be renewed or amended.

 

5.46    A special complaints management arrangement shall expire on the date specified in the arrangement unless renewed under clause 5.45.

 

 


 

 

PART 6     PRELIMINARY ASSESSMENT

 

Referral of Code of Conduct complaints to Conduct Reviewers

 

6.1       The Complaints Coordinator must refer all Code of Conduct complaints about Councillors or the General Manager submitted to the Complaints Coordinator within 21 days of receipt of a complaint by the General Manager or the Mayor.

 

6.2       For the purposes of clause 6.1, the Complaints Coordinator will refer a complaint to a Conduct Reviewer selected from:

a)  a panel of Conduct Reviewers established by the Council, or

b)  a panel of Conduct Reviewers established by an organisation approved by the Chief Executive of the Office.

 

6.3       In selecting a suitable Conduct Reviewer, the Complaints Coordinator may have regard to the qualifications and experience of members of the panel of Conduct Reviewers.

 

6.4       A Conduct Reviewer must not accept the referral of a Code of Conduct complaint where:

a)     they have a conflict of interests in relation to the matter referred to them, or

b)     a reasonable apprehension of bias arises in relation to their consideration of the matter, or

c)      they or their employer has entered into one or more contracts with Council in the two years preceding the referral and they or their employer have received or expect to receive payments under the contract or contracts of a cumulative value that exceeds $100,000, or

d)     at the time of the referral, they or their employer are the Council’s legal service providers or are a member of a panel of legal service providers appointed by Council.

 

6.5       For the purposes of clause 6.4(a), a Conduct Reviewer will have a conflict of interests in a matter where a reasonable and informed person would perceive that they could be influenced by a private interest when carrying out their public duty (see clause 4.1 of the Code of Conduct).

 

6.6       For the purposes of clause 6.4(b), a reasonable apprehension of bias arises where a fair-minded observer might reasonably apprehend that the Conduct Reviewer might not bring an impartial and unprejudiced mind to the matter referred to the Conduct Reviewer.

 

6.7       Where the Complaints Coordinator refers a matter to a Conduct Reviewer, they will provide the Conduct Reviewer with a copy of the Code of Conduct complaint and any other information relevant to the matter held by the Council.

 

6.8       The Complaints Coordinator must notify the complainant in writing that the matter has been referred to a Conduct Reviewer and advise which Conduct Reviewer the matter has been referred to.

 

 


 

 

Preliminary assessment by a Conduct Reviewer

 

6.9       The Conduct Reviewer is to undertake a preliminary assessment of a complaint referred to them by the Complaints Coordinator for the purposes of determining how the complaint is to be managed.

 

6.10    The Conduct Reviewer may determine to do one or more of the following in relation to a complaint referred to them by the Complaints Coordinator:

a)  to take no action, or

b)  to resolve the complaint by alternative and appropriate strategies such as, but not limited to, explanation, counselling, training, mediation, informal discussion, negotiation or apology, or

c)   to refer the matter back to the General Manager or, in the case of a complaint about the General Manager, the Mayor, for resolution by alternative and appropriate strategies such as, but not limited to, explanation, counselling, training, mediation, informal discussion, negotiation, or apology, or

d)  to refer the matter to another agency or body such as, but not limited to, the ICAC, the NSW Ombudsman, the Office or the Police, or

e)  to investigate the matter, or

f)   to recommend that the Complaints Coordinator convene a Conduct review Committee to investigate the matter.

 

6.11    In determining how to deal with a matter under clause 6.10, the Conduct Reviewer must have regard to the complaint assessment criteria prescribed under clause 6.27.

 

6.12    The Conduct Reviewer may make such enquiries the Conduct Reviewer considers to be reasonably necessary to determine what option to exercise under clause 6.10.

 

6.13    The Conduct Reviewer may request the complaints coordinator to provide such additional information the Conduct Reviewer considers to be reasonably necessary to determine what option to exercise in relation to the matter under clause 6.10. The Complaints Coordinator will, as far as is reasonably practicable, supply any information requested by the Conduct Reviewer.

 

6.14    The Conduct Reviewer must refer to the Office any complaints referred to him or her that should have been referred to the Office under clauses 5.16 and 5.21.

 

6.15    The Conduct Reviewer must determine to take no action on a complaint that is not a Code of Conduct complaint for the purposes of these procedures.

 

6.16    Where the Conduct Reviewer completes their preliminary assessment of a complaint by determining to exercise an option under clause 6.10, paragraphs (a), (b) or (c), they must provide the complainant with written notice of their determination and provide reasons for it and this will finalise consideration of the matter under these procedures.

 

6.17     Where the Conduct Reviewer refers a complaint to another agency or body, they must notify the complainant of the referral in writing where it is appropriate for them to do so.

 


 

 

6.18    The Conduct Reviewer may only determine to investigate a matter or to recommend that a Conduct review Committee be convened to investigate a matter where they are satisfied as to the following:

a)     that the complaint is a “Code of Conduct complaint” for the purposes of these procedures, and

b)     that the alleged Conduct, on its face, is sufficiently serious to warrant investigation, and

c)      that the matter is one that could not or should not be resolved by alternative means.

 

6.19    The Conduct Reviewer may only determine to recommend that a Conduct Review Committee be convened to investigate a matter after consulting with the complaints coordinator and where they are satisfied that it would not be practicable or appropriate for the matter to be investigated by a sole Conduct Reviewer.

 

6.20    The Conduct Reviewer must complete their preliminary assessment of the complaint within 28 days of referral of the matter to them by the Complaints Coordinator.

 

6.21    The Conduct Reviewer is not obliged to give prior notice to or to consult with any person before making a determination in relation to their preliminary assessment of a complaint except as may be specifically required under these procedures.

 

Referral back to the General Manager or Mayor for resolution

 

6.22    Where the Conduct Reviewer determines to refer a matter back to the General Manager or to the Mayor to be resolved by alternative and appropriate means, they must write to the General Manager or, in the case of a complaint about the General Manager, to the Mayor, recommending the means by which the complaint may be resolved.

 

6.23    The Conduct Reviewer must consult with the General Manager or Mayor prior to referring a matter back to them under clause 6.22.

 

6.24    The General Manager or Mayor may decline to accept the Conduct Reviewer’s recommendation. Where the General Manager or Mayor declines to do so, the Conduct Reviewer may determine to deal with the complaint by other means under clause 6.10.

 

6.25    Where the Conduct Reviewer refers a matter back to the General Manager or Mayor under clause 6.22, the General Manager or, in the case of a complaint about the General Manager, the Mayor, is responsible for implementing or overseeing the implementation of the Conduct Reviewer’s recommendation.

 

6.26    Where the Conduct Reviewer refers a matter back to the General Manager or Mayor under clause 6.22, the General Manager, or, in the case of a complaint about the General Manager, the Mayor, must advise the complainant in writing of the steps taken to implement the Conduct Reviewer’s recommendation once these steps have been completed.

 


 

 

Complaints assessment criteria

 

6.27    In undertaking the preliminary assessment of a complaint, the Conduct Reviewer may have regard to the following considerations:

 

a)  whether the complaint is a “Code of Conduct complaint”,

b)  whether the complaint is trivial, frivolous, vexatious or not made in good faith,

c)   whether the complaint discloses prima facie evidence of a breach of the Code,

d)  whether the complaint raises issues that would be more appropriately dealt with by another agency or body,

e)  whether there is or was an alternative and satisfactory means of redress available to the complainant in relation to the conduct complained of,

f)   whether the complaint is one that can be resolved by alternative and appropriate strategies such as, but not limited to, explanation, counselling, training, informal discussion, negotiation or apology,

g)  whether the issue/s giving rise to the complaint have previously been addressed or resolved,

h)  whether the conduct complained of forms part of a pattern of conduct,

i)    whether there were mitigating circumstances giving rise to the conduct complained of,

j)   the seriousness of the alleged conduct,

k)  the significance of the conduct or the impact of the conduct for the Council,

l)    how much time has passed since the alleged conduct occurred, or

m) such other considerations that the Conduct Reviewer considers may be relevant to the assessment of the complaint.

 

 


 

 

PART 7     OPERATIONS OF CONDUCT REVIEW COMMITTEES

 

7.1       Where a Conduct Reviewer recommends that the Complaints Coordinator convene a Conduct Review Committee to investigate a matter, the Conduct Reviewer must notify the Complaints Coordinator of their recommendation and the reasons for their recommendation in writing.

 

7.2       The Complaints Coordinator must convene a Conduct Review Committee comprising three Conduct Reviewers selected from:

a)     a panel of Conduct Reviewers established by the Council, or

b)     a panel of Conduct Reviewers established by an organisation approved by the Chief Executive of the Office.

 

7.3       In selecting suitable Conduct Reviewers for membership of a Conduct Review Committee convened under clause 7.2, the Complaints Coordinator may have regard to the following:

a)     the qualifications and experience of members of the panel of Conduct Reviewers, and

b)     any recommendation made by the Conduct Reviewer about the membership of the Committee.

 

7.4       The Conduct Reviewer who made the preliminary assessment of the complaint must not be a member of a Conduct Review Committee convened under clause 7.2.

 

7.5       A member of a panel of Conduct Reviewers may not be appointed to a Conduct Review Committee where they would otherwise be precluded from accepting a referral of the matter to be considered by the Committee under clause 6.4.

 

7.6       Where the Complaints Coordinator convenes a Conduct Review Committee, they will advise the complainant in writing that the Committee has been convened and the membership of the Committee.

 

7.7       Where, after a Conduct Review Committee has been convened, a member of the Committee becomes unavailable to participate in further consideration of the matter, the Complaints Coordinator may appoint another person from a panel of Conduct Reviewers to replace them.

 

7.8       Meetings of a Conduct Review Committee may be conducted in person or by teleconference.

 

7.9       The members of the Conduct Review Committee must elect a chairperson of the Committee.

 

7.10    A quorum for a meeting of the Conduct Review Committee is two members.

 

7.11    Business is not to be conducted at any meeting of the Conduct Review Committee unless a quorum is present.

 

7.12    If a quorum is not present at a meeting of the Conduct Review Committee, it must be adjourned to a time and date that is specified.

 

7.13    Each member of the Conduct Review Committee is entitled to one vote in relation to a matter. In the event of an equality of votes being cast, the Chairperson will have a casting vote.

 

7.14    If the vote on a matter is not unanimous, then this should be noted in the report of the Conduct Review Committee in which it makes its determination in relation to the matter.

 

7.15    The Chairperson may make a ruling on questions of procedure and the Chairperson’s ruling is to be final.

 

7.16    The Conduct Review Committee may only conduct business in the absence of the public.

 

7.17    The Conduct Review Committee must maintain proper records of its proceedings.

 

7.18    The Complaints Coordinator shall undertake the following functions in support of a Conduct Review Committee:

a)    provide procedural advice where required,

b)    ensure adequate resources are provided including secretarial support,

c)    attend meetings of the Conduct Review Committee in an advisory capacity, and

d)    provide advice about Council’s processes where requested.

 

7.19    The Complaints Coordinator must not be present at, or in sight of a meeting of, the Conduct Review Committee where it makes its final determination in relation to the matter.

 

7.20    The Conduct Review Committee may adopt procedures governing the conduct of its meetings that supplement these procedures. However any procedures adopted by the Committee must not be inconsistent with these procedures.

 

 


 

 

PART 8     INVESTIGATIONS

 

What matters may a Conduct Reviewer or Conduct Review Committee investigate?

 

8.1       A Conduct Reviewer or Conduct Review Committee (hereafter referred to as an “investigator”) may investigate a Code of Conduct complaint that has been referred to them by the Complaints Coordinator and any matters related to or arising from that complaint.

 

8.2       Where an investigator identifies further separate possible breaches of the Code of Conduct that are not related to or arise from the Code of Conduct complaint that has been referred to them, they are to report the matters separately in writing to the General Manager, or, in the case of alleged Conduct on the part of the General Manager, to the Mayor.

 

8.3       The General Manager or the Mayor is to deal with a matter reported to them by an investigator under clause 8.2 as if it were a new Code of Conduct complaint in accordance with these procedures.

 

How are investigations to be commenced?

 

8.4       The investigator must at the outset of their investigation provide a written notice of investigation to the subject person. The notice of investigation must:

a)  disclose the substance of the allegations against the subject person, and

b)  advise of the relevant provisions of the Code of Conduct that apply to the alleged Conduct, and

c)   advise of the process to be followed in investigating the matter, and

d)  invite the subject person to make a written submission in relation to the matter within 28 days or such other reasonable period specified by the investigator in the notice, and

e)  provide the subject person the opportunity to address the investigator on the matter within such reasonable time specified in the notice.

 

8.5       The subject person may within 14 days of receipt of the notice of investigation, request in writing that the investigator provide them with such further information they consider necessary to assist them to identify the substance of the allegation against them. An investigator will only be obliged to provide such information that the investigator considers reasonably necessary for the subject person to identify the substance of the allegation against them.

 

8.6       An investigator may at any time prior to issuing a draft report, issue an amended notice of investigation to the subject person in relation to the matter referred to them.

 

8.7       Where an investigator issues an amended notice of investigation, they will provide the subject person with a further opportunity to make a written submission in response to the amended notice of investigation within 28 days or such other reasonable period specified by the investigator in the amended notice.

 


 

 

8.8       The investigator must also, at the outset of their investigation, provide written notice of the investigation to the complainant, the Complaints Coordinator and the General Manager, or in the case of a complaint about the General Manager, to the Mayor. The notice must:

a)  advise them of the matter the investigator is investigating, and

b)  in the case of the notice to the complainant, invite them to make a written submission in relation to the matter within 28 days or such other reasonable period specified by the investigator in the notice.

 

Written and oral submissions

 

8.9       Where the subject person or the complainant fails to make a written submission in relation to the matter within the period specified by the investigator in their notice of investigation or amended notice of investigation, the investigator may proceed to prepare their draft report without receiving such submissions.

 

8.10    The investigator may accept written submissions received outside the period specified in the notice of investigation or amended notice of investigation.

 

8.11    Prior to preparing a draft report, the investigator must give the subject person an opportunity to address the investigator on the matter being investigated. The subject person may do so in person or by telephone.

 

8.12    Where the subject person fails to accept the opportunity to address the investigator within the period specified by the investigator in the notice of investigation, the investigator may proceed to prepare a draft report without hearing from the subject person.

 

8.13    Where the subject person accepts the opportunity to address the investigator in person, they may have a support person or legal advisor in attendance. The support person or legal advisor will act in an advisory or support role to the subject person only. They must not speak on behalf of the subject person or otherwise interfere with or disrupt proceedings.

 

8.14    The investigator must consider all written and oral submissions made to them in relation to the matter.

 

How are investigations to be conducted?

 

8.15    Investigations are to be undertaken without undue delay.

 

8.16    Investigations are to be undertaken in the absence of the public and in confidence.

 

8.17    Investigators must make any such enquiries that may be reasonably necessary to establish the facts of the matter.

 

8.18    Investigators may seek such advice or expert guidance that may be reasonably necessary to assist them with their investigation or the conduct of their investigation.


 

 

8.19    An investigator may request that the Complaints Coordinator provide such further information that the investigator considers may be reasonably necessary for them to establish the facts of the matter. The Complaints Coordinator will, as far as is reasonably practicable, provide the information requested by the investigator.

 

Referral or resolution of a matter after the commencement of an investigation

 

8.20    At any time after an investigator has issued a notice of investigation and before they have issued a draft report, an investigator may determine to:

a)    resolve the matter by alternative and appropriate strategies such as, but not limited to, explanation, counselling, training, mediation, informal discussion, negotiation or apology, or

b)    refer the matter to the General Manager, or, in the case of a complaint about the General Manager, to the Mayor, for resolution by alternative and appropriate strategies such as, but not limited to, explanation, counselling, training, mediation, informal discussion, negotiation or apology, or

c)    refer the matter to another agency or body such as, but not limited to, the ICAC, the NSW Ombudsman, the Office or the Police.

 

8.21    Where an investigator determines to exercise any of the options under clause 8.20 after the commencement of an investigation, they must do so in accordance with the requirements of Part 6 of these procedures relating to the exercise of these options at the preliminary assessment stage.

 

8.22    Where an investigator determines to exercise any of the options under clause 8.20 after the commencement of an investigation, they may by written notice to the subject person, the complainant, the Complaints Coordinator and the General Manager, or in the case of a complaint about the General Manager, the Mayor, discontinue their investigation of the matter.

 

8.23    Where the investigator discontinues their investigation of a matter under clause 8.22, this shall finalise the consideration of the matter under these procedures.

 

8.24    An investigator is not obliged to give prior notice to or to consult with any person before making a determination to exercise any of the options under clause 8.20 or to discontinue their investigation except as may be specifically required under these procedures.

 

Draft investigation reports

 

8.25    When an investigator has completed their enquiries and considered any written or oral submissions made to them in relation to a matter, they must prepare a draft of their proposed report.

 

8.26    The investigator must provide their draft report to the subject person and invite them to make a written submission in relation to it within 28 days or such other reasonable period specified by the investigator.

 


 

 

8.27    Where the investigator proposes to make adverse comment about any other person (an affected person) in their report, they must also provide the affected person with relevant extracts of their draft report containing such comment and invite the affected person to make a written submission in relation to it within 28 days or such other reasonable period specified by the investigator.

 

8.28    The investigator must consider written submissions received in relation to the draft report prior to finalising their report in relation to the matter.

 

8.29    The investigator may, after consideration of all written submissions received in relation to their draft report, make further enquiries into the matter. Where as a result of making further enquiries, the investigator makes any material change to their proposed report that makes new adverse comment about the subject person or an affected person, they must provide the subject person or affected person as the case may be with a further opportunity to make a written submission in relation to the new adverse comment.

 

8.30    Where the subject person or an affected person fails to make a written submission in relation to the draft report within the period specified by the investigator, the investigator may proceed to prepare and issue their final report without receiving such submissions.

 

8.31    The investigator may accept written submissions in relation to the draft report received outside the period specified by the investigator at any time prior to issuing their final report.

 

Final investigation reports

 

8.32    Where an investigator issues a notice of investigation they must prepare a final report in relation to the matter unless the investigation is discontinued under clause 8.22.

 

8.33    An investigator must not prepare a final report in relation to the matter at any time before they have finalised their consideration of the matter in accordance with the requirements of these procedures.

 

8.34    The investigator’s final report must:

a)  make findings of fact in relation to the matter investigated, and,

b)  make a determination that the conduct investigated either,

i.    constitutes a breach of the Code of Conduct, or

ii.   does not constitute a breach of the Code of Conduct, and

c)   provide reasons for the determination.


 

 

8.35    Where the investigator determines that the Conduct investigated constitutes a breach of the Code of Conduct, the investigator may make one or more of the following recommendations:

a)     that the Council revise any of its policies or procedures,

b)     that the subject person undertake any training or other education relevant to the conduct giving rise to the breach,

c)      that the subject person be counselled for their conduct,

d)     that the subject person apologise to any person or organisation affected by the breach in such a time and form specified by the recommendation,

e)     that findings of inappropriate conduct be made public,

f)      in the case of a breach by the General Manager, that action be taken under the General Manager’s contract for the breach,

g)     in the case of a breach by a Councillor, that the Councillor be formally censured for the breach under section 440G of the Act,

h)     in the case of a breach by a Councillor, that the Council resolves as follows:

i.    that the Councillor be formally censured for the breach under section 440G of the Act, and

ii.   that the matter be referred to the Office of Local Government for further action under the misconduct provisions of the Act.

 

8.36    Where the investigator determines that the conduct investigated does not constitute a breach of the Code of Conduct, the investigator may make one or more of the following recommendations:

a)     that the Council revise any of its policies or procedures,

b)     that a person or persons undertake any training or other education.

 

8.37    In making a recommendation under clause 8.35, the investigator may have regard to the following:

a)     the seriousness of the breach,

b)     whether the breach can be easily remedied or rectified,

c)      whether the subject person has remedied or rectified their conduct,

d)     whether the subject person has expressed contrition,

e)     whether there were any mitigating circumstances,

f)      the age, physical or mental health or special infirmity of the subject person,

g)     whether the breach is technical or trivial only,

h)     any previous breaches,

i)       whether the breach forms part of a pattern of conduct,

j)      the degree of reckless intention or negligence of the subject person,

k)     the extent to which the breach has affected other parties or the Council as a whole,

l)       the harm or potential harm to the reputation of the Council or local government arising from the conduct,

m)    whether the findings and recommendations can be justified in terms of the public interest and would withstand public scrutiny,

n)     whether an educative approach would be more appropriate than a punitive one,

o)     the relative costs and benefits of taking formal enforcement action as opposed to taking no action or taking informal action,

p)     what action or remedy would be in the public interest.


 

 

8.38    At a minimum, the investigator’s final report must contain the following information:

a)     a description of the allegations against the subject person,

b)     the relevant provisions of the Code of Conduct that apply to the alleged conduct investigated,

c)      a statement of reasons as to why the Conduct Reviewer considered that the matter warranted investigation,

d)     a statement of reasons as to why the Conduct Reviewer considered that the matter was one that could not or should not be resolved by alternative means,

e)     where the matter is investigated by a Conduct Review Committee, a statement as to why the matter was one that warranted investigation by a Conduct Review Committee instead of a sole Conduct Reviewer,

f)      a description of any attempts made to resolve the matter by use of alternative means,

g)     the steps taken to investigate the matter,

h)     the facts of the matter,

i)       the investigator’s findings in relation to the facts of the matter and the reasons for those findings,

j)      the investigator’s determination and the reasons for that determination,

k)     any recommendations.

 

8.39    The investigator must provide a copy of their report to the Complaints Coordinator, the subject person and the complainant.

 

8.40    Where the investigator has determined that there has not been a breach of the Code of Conduct, the Complaints Coordinator must provide a copy of the investigator’s report to the General Manager or, where the report relates to the General Manager’s conduct, to the Mayor and this will finalise consideration of the matter under these procedures.

 

8.41    Where the investigator has determined that there has been a breach of the Code of Conduct and makes a recommendation or recommendations under clause 8.35, paragraph (a), the Complaints Coordinator must provide a copy of the investigator’s report to the General Manager. Where the General Manager agrees with the recommendation/s, the General Manager is responsible for implementing the recommendation/s.

 

8.42    Where the investigator has determined that there has been a breach of the Code of Conduct and makes a recommendation or recommendations under clause 8.35, paragraphs (b) or (c), the Complaints Coordinator must provide a copy of the investigator’s report to the General Manager or, where the report relates to the General Manager’s conduct, to the Mayor. The General Manager is responsible for arranging the implementation of the recommendation/s where the report relates to a Councillor’s conduct. The Mayor is responsible for arranging the implementation of the recommendation/s where the report relates to the General Manager’s conduct.

 

8.43    Where the investigator has determined that there has been a breach of the Code of Conduct and makes a recommendation or recommendations under clause 8.35, paragraphs (d) to (h), the Complaints Coordinator must, where practicable, arrange for the investigator’s report to be reported to the next ordinary Council meeting for the Council’s consideration unless the meeting is to be held within the four weeks prior to an ordinary local government election, in which case the report must be reported to the first ordinary Council meeting following the election.

 

 

Consideration of the final investigation report by Council

 

8.44    The role of the Council in relation to a final investigation report is to impose a sanction where an investigator determines that there has been a breach of the Code of Conduct and makes a recommendation in their final report under clause 8.35, paragraphs (d) to (h).

 

8.45    The Council is to close its meeting to the public to consider the final investigation report where it is permitted to do so under section 10A of the Act.

 

8.46    Where the complainant is a Councillor, they must absent themselves from the meeting and take no part in any discussion or voting on the matter. The complainant Councillor may absent themselves without making any disclosure of interests in relation to the matter unless otherwise required to do so under the Act or the Code.

 

8.47    Prior to imposing a sanction, the Council must provide the subject person with an opportunity to make an oral submission to the Council. The subject person is to confine their submission to addressing the investigator’s recommendation/s.

 

8.48    Once the subject person has completed their oral submission they must absent themselves from the meeting and, where they are a Councillor, take no part in any discussion or voting on the matter.

 

8.49    The Council must not invite oral submissions from other persons for the purpose of seeking to rehear evidence previously considered by the investigator.

 

8.50    Prior to imposing a sanction, the Council may by resolution:

a)     request that the investigator make additional enquiries and/or provide additional information to it in a supplementary report, or

b)     seek an opinion by the Office in relation to the report.

 

8.51    The Council may, by resolution, defer further consideration of the matter pending the receipt of a supplementary report from the investigator or an opinion from the Office.

 

8.52    The investigator may make additional enquiries for the purpose of preparing a supplementary report.

 

8.53    Where the investigator prepares a supplementary report, they must provide copies to the Complaints Coordinator who shall provide a copy each to the Council, the subject person and the complainant.

 

8.54    The investigator is not obliged to notify or consult with any person prior to submitting the supplementary report to the Complaints Coordinator.

8.55    The Council is only required to provide the subject person a further opportunity to address it on a supplementary report where the supplementary report contains new information that is adverse to them.


 

 

8.56    A Council may by resolution impose one or more of the following sanctions on a subject person:

a)  that the subject person apologise to any person or organisation affected by the breach in such a time and form specified by the resolution,

b)  that findings of inappropriate conduct be made public,

c)   in the case of a breach by the General Manager, that action be taken under the General Manager’s contract for the breach,

d)  in the case of a breach by a Councillor, that the Councillor be formally censured for the breach under section 440G of the Act,

e)  in the case of a breach by a Councillor:

i.    that the Councillor be formally censured for the breach under section 440G of the Act, and

ii.   that the matter be referred to the Office for further action under the misconduct provisions of the Act.

 

8.57    The Council is not obliged to adopt the investigator’s recommendation/s. Where the Council does not adopt the investigator’s recommendation/s, the Council must resolve not to adopt the recommendation and state in its resolution the reasons for its decision.

 

8.58    The Council may, by resolution, impose a sanction on the subject person under clause 8.56 different to the sanction recommended by the investigator in their final report.

 

8.59    Where the Council resolves not to adopt the investigator’s recommendation/s, the Complaints Coordinator must notify the Office of the Council’s decision and the reasons for it.

 

PART 9     RIGHTS OF REVIEW

 

Failure to comply with a requirement under these procedures

 

9.1       Where any person believes that a person has failed to comply with a requirement prescribed under these procedures, they may, at any time prior to the Council’s consideration of an investigator’s final report, raise their concerns in writing with the Office.

 

Practice rulings

 

9.2       Where a subject person and an investigator are in dispute over a requirement under these procedures, either person may make a request in writing to the Office to make a ruling on a question of procedure (a practice ruling).

 

9.3       Where the Office receives a request in writing for a practice ruling, the Office may provide notice in writing of its ruling and the reasons for it to the person who requested it and to the investigator, where that person is different.

 

9.4       Where the Office makes a practice ruling, all parties are to comply with it.

 

9.5       The Office may decline to make a practice ruling. Where the Office declines to make a practice ruling, it will provide notice in writing of its decision and the reasons for it to the person who requested it and to the investigator, where that person is different.

 

Requests for review

 

9.6       A person the subject of a sanction imposed under Part 8 of these procedures other than one imposed under clause 8.56, paragraph (e), may, within 28 days of the sanction being imposed, seek a review of the investigator’s determination and recommendation by the Office.

 

9.7       A review under clause 9.6 may be sought on the following grounds:

a)    that the investigator has failed to comply with a requirement under these procedures, or

b)    that the investigator has misinterpreted or misapplied the Standards of Conduct prescribed under the Code of Conduct, or

c)    that the Council has failed to comply with a requirement under these procedures in imposing a sanction.

 

9.8       A request for a review made under clause 9.6 must be made in writing and must specify the grounds upon which the person believes the investigator or the Council has erred.

 

9.9       The Office may decline to conduct a review, where the grounds upon which the review is sought are not sufficiently specified.

 

9.10    The Office may undertake a review of a matter without receiving a request under clause 9.6.

 

9.11    The Office will undertake a review of the matter on the papers. However, the Office may request that the Complaints Coordinator provide such further information that the Office considers reasonably necessary for it to review the matter. The Complaints Coordinator must, as far as is reasonably practicable, provide the information requested by the Office.

 

9.12    Where a person requests a review under clause 9.6, the Office may direct the Council to defer any action to implement a sanction. The Council must comply with a direction to defer action by the Office.

 

9.13    The Office must notify the person who requested the review and the Complaints Coordinator of the outcome of the Office’s review in writing and the reasons for its decision. In doing so, the Office may comment on any other matters the Office considers to be relevant.

 

9.14    Where the Office considers that the investigator or the Council has erred, the Office may recommend that a decision to impose a sanction under these procedures be reviewed.

 

9.15    In the case of a sanction implemented by the General Manager or Mayor under clause 8.42, where the Office recommends that the decision to impose a sanction be reviewed:

a)  the Complaints Coordinator must provide a copy of the Office’s determination in relation to the matter to the General Manager or the Mayor, and

b)  the General Manager or Mayor must review any action taken by them to implement the sanction, and

c)   the General Manager or Mayor must consider the Office’s recommendation in doing so.


 

 

9.16    In the case of a sanction imposed by the Council by resolution under clause 8.56, where the Office recommends that the decision to impose a sanction be reviewed:

a)  the Complaints Coordinator must, where practicable, arrange for the Office’s determination to be tabled at the next ordinary Council meeting unless the meeting is to be held within the 4 weeks prior to an ordinary local government election, in which case it must be tabled at the first ordinary Council meeting following the election, and

b)  the Council must:

i.    review its decision to impose the sanction, and

ii.   consider the Office’s recommendation in doing so, and

iii.  resolve to either rescind or reaffirm its previous resolution in relation to the matter.

 

9.17    Where having reviewed its previous decision in relation to a matter under clause 9.16 the Council resolves to reaffirm its previous decision, the Council must state in its resolution its reasons for doing so.

 

 

PART 10   PROCEDURAL IRREGULARITIES

 

10.1    A failure to comply with these procedures does not, on its own, constitute a breach of the Code of Conduct except as may be otherwise specifically provided under the Code of Conduct.

 

10.2    A failure to comply with these procedures will not render a decision made in relation to a matter invalid where:

a)     the non-compliance is isolated and/or minor in nature, or

b)     reasonable steps are taken to correct the non-compliance, or

c)      reasonable steps are taken to address the consequences of the non-compliance.

 

 

PART 11   PRACTICE DIRECTIONS

 

11.1    The Office may at any time issue a practice direction in relation to the application of these procedures.

 

11.2    The Office will issue practice directions in writing, by circular to all Councils.

 

11.3    All persons performing a function prescribed under these procedures must consider the Office’s practice directions when performing the function.


 

 

PART 12   REPORTING ON COMPLAINTS STATISTICS

 

12.1    The Complaints Coordinator must arrange for the following statistics to be reported to the Council within three months of the end of September of each year:

a)    the total number of Code of Conduct complaints made about Councillors and the General Manager under the Code of Conduct in the year to September,

b)    the number of Code of Conduct complaints referred to a Conduct Reviewer,

c)    the number of Code of Conduct complaints finalised by a Conduct Reviewer at the preliminary assessment stage and the outcome of those complaints,

d)    the number of Code of Conduct complaints investigated by a Conduct Reviewer,

e)    the number of Code of Conduct complaints investigated by a Conduct Review Committee,

f)     without identifying particular matters, the outcome of Code of Conduct complaints investigated by a Conduct Reviewer or Conduct Review Committee under these procedures,

g)    the number of matter reviewed by the Office and, without identifying particular matters, the outcome of the reviews, and

h)    The total cost of dealing with Code of Conduct complaints made about Councillors and the General Manager in the year to September, including staff costs.

 

12.2    The Council is to provide the Office with a report containing the statistics referred to in clause 12.1 within three months of the end of September of each year.

 

PART 13   CONFIDENTIALITY

 

13.1    Information about Code of Conduct complaints and the management and investigation of Code of Conduct complaints is to be treated as confidential and is not to be publicly disclosed except as may be otherwise specifically required or permitted under these procedures.

 


Code Procedure Flowchart

Complaints alleging Pecuniary Interest breach or misuse of the code to be referred to OLG.Referral to OLG where misconductComplaints about administrators, conduct reviewers and about councillors relating to Pecuniary Interest breaches, political donations & misuse of code of conduct to be referred to OLG.

 


Council Meeting                                                                                         15 August 2017

5.6                       Strategic Policy Review

Attachment 4      Draft - Strategic Policy - ST050 - Code of Meeting Practice

STRATEGIC POLICY
 


CODE OF MEETING PRACTICE

ST050                                                                                                                                                                                      F22

 

ObjectiveS

To provide a Code of Meeting Practice for Orange City Council to ensure the effective conduct of all Council and Committee Meetings.

Applicability

This policy applies to all formal meetings of Council, including Council Committee meetings and Closed Meetings.

General

The Local Government (General) Regulation 2005 (Part 10 – Meetings) governs the operation of Council and Committee meetings.

 

Open Forum

Ordinary Council Meetings allow for an “open forum” section at the start of the meeting. This section allows for matters listed on the agenda to be raised for information or discussion, but not for decision.

 

No decisions are to be made during the Open Forum.

Procedure

The attached Orange City Council Code of Meeting Practice incorporates the requirements of the Local Government Act 1993 (as amended) and the Local Government (General) Regulation 2005 with respect to meetings.

BREACHES

Breaches under this policy are dealt with as described in the Local Government (General) Regulation 2005 (Part 10 – Meetings).

Related Policies/Documents

Code of Meeting Practice

Code of Conduct

Model Code of Conduct

Procedures for the Administration of the Code of Conduct

Local Government Act 1993

Local Government (General) Regulation 2005

Meetings Practice Note (Office of Local Government)

 


 

Responsible Area – Corporate and Commercial Services


REVISION

 

DATE

RESOLUTION

 

DATE

RESOLUTION

1

20 January 2001

01/476

9

January 2009

09/453

2

January 2002

 

10

7 June 2010

10/283

3

January 2003

 

11

20 November 2012

12/458

4

January 2004

 

12

16 April 2013

13/168

5

January 2006

06/685

13

20 May 2014

14/190

6

October 2006

 

14

3 Nov 2015

15/521

7

January 2007

07/207

15

 

 

8

January 2008

08/992

 

 

 

 

SUMMARY OF AMENDMENTS

June 2017

Section/Reference

Amendment

Policy

Applicability amended to include “Closed meetings”. Related documents amended to include Meetings Practice Note issued by the Office of Local Government.

1.1 – Definitions

Included definition of a “Council Meeting”

2.5 – Notice of Meetings

Added 2.5.6 - A notice under this section and the agenda for, and the business papers relating to, this meeting may be given to a Councillor in electronic form, but only if all Councillors have facilities to access the notice, agenda and business papers in that form (Act – S 367(3)).

3.6 – Order of business

Delete previous 3.6.3 - only the mover of a motion referred to in 3.6.2 (items in order of meeting being changed) may speak on the motion before it is put.

3.7 – Giving notice of business

Delete 3.7.5 - Despite Clause 3.18 only the mover of a motion referred to in sub-clause 3.7.4(a) (Motion to deal with late items) may speak on the motion before it is put.

3.8 – Agenda for extraordinary meeting

Delete 3.8.3 - Despite Clause 3.18 only the mover of a motion referred to in sub-clause 3.8.2(a) (Motion to deal with late items at extraordinary meetings) may speak on the motion before it is put.

3.25 – Altering or rescinding decisions

Addition of 3.25.9 - Where verbal notice of a rescission motion is given at a Council or Policy Committee Meeting, the Councillor(s) providing that notice must provide the signed, written rescission motion to the General Manager within two days of the meeting.

8.1.2 – Office of the Mayor

Removal of reference to Mayor elected by Councillors.

 

September 2015

Section/Reference

Amendment

Definitions

Included definition of a “planning decision”

3.6.5 and 5.2.2 – Reason for confidentiality

Added section i) alleged contravention of any code of conduct requirements applicable under Section 440 (the Act)

3.6.7 – Public representations on closed items

Added that Council may allow members of the public to make representations to or at a meeting, before any part of the meeting is closed to the public, as to whether that part of the meeting should be closed.

3.26.2 – Petitions

Clarification of what needs to be provided if a petition is lodged with Council

3.26.3 – Petitions

Petitions relating to operational matters will be referred to the General Manager

5.2.5 – Closed meetings

Removed reference to closed meetings held during Policy Committees

6.6.2- Procedure in Committees

Removed reference to casting vote of Chairperson of Sustainable Development Committee. No Policy or Community Committee Chairperson has a casting vote.

6.6.4 – Division

Added that a division of voting is required on tender resolutions

8.2.3 – Confidential information

Clarification of requirements for security of confidential information also applied to Community Committees.

Various

Replace “Division” of Local Government with “Office” of Local Government

 

April 2014

Section/Reference

Amendment

2.13 – Open Forum

Changes to reflect open forum held as part of Ordinary Council Meeting. Presentations to Council must relate specifically to item on agenda for that meeting. Speakers to present orally only, no electronic presentation can be made.

2.15.1

New provision – Notice of business (ie reports, Notices of Motion) must be in writing and lodged with General Manager by no later than 10 days before scheduled meeting.

3.2.2

Staff should be addressed by position title rather than name during Council and Committee meetings.

3.6 – Order of Business

Amendments to table to reflect open forum held as part of Council Meeting. Inclusion of Declarations of Interest and Adoption of recommendations from Closed Meeting. Addition of Order of Business for Community Committees

6.4.2

General business cannot be raised at a Committee Meeting if due notice has not been provided

6.7.2

Provision for the Chairperson of Council’s Community Committees to confirm minutes are a true and accurate record for the purposes of submission to Council for consideration

8.2

Addition of provisions relating to the misuse of confidential information

 

February 2013

Section/Reference

Amendment

3.6 – Order of Business

Changes to reflect open forum held as part of Policy Committee, change in order of Mayoral Minutes, and confirmation of Policy Committees and adoption/amendment of recommendations from Policy Committees.

3.21.3

Change to representatives by members of the public – closure of part of meetings – to allow Mayor or Chairperson to invite submissions on matters for closed meeting.

6.2.2

Acknowledging Working Parties as well as Community and Advisory Committees can make recommendations to Council.

6.2.3

New provision to allow Policy Committees to make resolutions on matters in accordance with the delegation of the Committee as resolved by Council with the exception of any action that will alter the budgetary position of Council. Those items will be recommendations made to Council for consideration at a Council Meeting.

6.5.2

The Chairperson of the Sustainable Development Committee will have a casting vote as delegated by Council. No other Policy Committee nor any Working Party, Community or Advisory Committee Chairperson will have a casting vote and any deadlocked decisions will be referred to the relevant Policy Committee or to Council if the matter arises at a Policy Committee Meeting other than the Sustainable Development Committee

 

September 2012

Section/Reference

Amendment

3.1 – Chairperson

New provisions relating to the process for electing a Chairperson for a meeting, in the absence of the Mayor and Deputy Mayor

4.2 – Acts of Disorder

Removal of a clause that if a Councillor leaves a meeting without the permission of the Chairperson before all business has been concluded, this is determined to be an act of disorder.

6.2 – Functions of Committees

Confirmation that Committees make recommendations to Council but do not have power to make decisions or direct Council staff.

\


Council Meeting                                                                                         15 August 2017

5.6                       Strategic Policy Review

Attachment 5      Draft - Strategic Policy - ST050 - Code of Meeting Practice attachment

 

Orange City Council Logo (Small) (Mobile)

 

 

 

 

 

 

Code of

MEETING PRACTICE

 

 

 

 

 

 

 

 

 


 

 

ORANGE CITY COUNCIL – CODE OF MEETING PRACTICE

 

Message from the General Manager

 

As part of Council’s Charter, Council is to involve Councillors, Council staff, members of the public and others in the development, improvement and coordination of Local Government. How meetings are managed is an important part of achieving this goal.

 

The Code of Meeting Practice sets out the manner in which meetings of Council and Committees of Council, including Closed Meetings, are to be convened and conducted.

 

The Code incorporates the requirements of the Local Government Act, 1993 (as amended) and the Local Government (General) Regulation, 2005 with respect to meetings and the Meeting Practice Note issued by the Division of Local Government in August 2009. Changes, which are made to the Act or Regulation, will be incorporated into this Code.

 

This Code has been structured to assist the reader to easily understand what is required in the conduct of meetings and can, if required, be used as a reference document for Committees and forums associated with Council.

 

This Code will come into effect after consideration by Council, of comments from the public exhibition process in response to the exhibited draft. The date of adoption of the Code by the Council, will be the effective date from which the Code will come into effect.

 

The Code of Meeting Practice will be reviewed annually, however, Council may review and adopt an amended Code at any time to reflect changing circumstances.

 

 

 

Garry Styles

GENERAL MANAGER


TABLE OF CONTENTS

PART 1 - PRELIMINARY. 5

1.1         Definitions. 5

1.2         Act and Regulation. 5

1.3         Principles. 6

PART 2 - CONVENING OF, AND ATTENDANCE AT, COUNCIL MEETINGS. 7

2.1         Frequency of meetings of Council 7

2.2         Authority to cancel a scheduled Council or Committee Meeting. 7

2.3         Absence without prior leave. 7

2.4         Extraordinary Meetings. 8

2.5         Notice of Meetings. 8

2.6         Quorum.. 8

2.7         What happens when a quorum is not present 9

2.8         Anticipated lack of quorum.. 9

2.9         Adjourning Meetings. 9

2.10      Presence at Council meetings. 10

2.11      Leave of absence. 10

2.12      Entitlement to attend Council or Committee Meetings (Act-S10). 10

2.13      Open Forum................................................................................................................ 11

2.14      Public Notice of meetings............................................................................................. 12

2.15      Submission of reports/information to Council/Policy Committees. 13

 

PART 3 - PROCEDURE FOR THE CONDUCT OF COUNCIL MEETINGS. 12

3.1         Chairperson of Council meetings. 12

3.2         Addressing Councillors and staff 13

3.3         Chairperson to have precedence. 13

3.4         Chairperson’s duty with respect to motions. 13

3.5         Confirmation of Minutes. 13

3.6         Order of Business. 14

3.7         Giving Notice of Business. 15

3.8         Agenda for Extraordinary Meeting. 16

3.9         Mayoral Minutes. 16

3.10      Matters to be included in Minutes of Council Meeting. 17

3.11      Report of a Departmental Representative to be tabled at Council Meeting. 17

3.12      Notices of Motion. 17

3.13      Notice of Motion – Absence of Mover 18

3.14      Motions to be seconded. 18

3.15      How subsequent amendments may be moved. 18

3.16      Motions of dissent 18

3.17      Questions may be put to Councillors and Council employees. 19

3.18      Limitation as to number of speeches. 19

3.19      Motions put without debate. 20

3.20      Voting at Council Meetings. 20

3.21      Representations by members of the public – closure of part of meeting. 21

3.22      Decisions of the Council 22

3.23      Council decision making during election periods. 22

3.24      Resolutions passed at closed Meetings to be made public. 22

3.25      Rescinding or altering resolutions. 23

3.26      Petitions. 23


PART 4 - KEEPING ORDER AT MEETINGS. 24

4.1         Questions of order 24

4.2         Acts of disorder 24

4.3         How disorder at a meeting may be dealt with. 25

4.4         Power to remove persons from meeting after expulsion resolution. 25

PART 5 – CLOSED COUNCIL. 26

5.1         Closed Council 26

5.2         Exclusion of the public from Closed Meetings of Council 26

PART 6 - COUNCIL COMMITTEES. 28

6.1         Council may establish Committees. 28

6.2         Functions of Committees. 28

6.3         Notice of Committee Meetings to be given. 28

6.4         Submission of reports or information to Council Committees........................................ 30

6.5         Non-members entitled to attend Committee Meetings. 29

6.6         Procedure in Committees. 29

6.7         Committee to keep Minutes. 29

6.8         Chairperson and Deputy Chairperson of Committees. 30

6.9         Absence from Committee Meetings. 30

6.10      Reports of Committees. 30

6.11      Disorder in Committee Meetings. 31

6.12      Committee may expel certain persons from its Meetings. 31

6.13      Committees shall not have power to incur expenditure. 31

6.14      Inspection Committees. 31

PART 7 - PECUNIARY INTERESTS. 32

7.1         Pecuniary Interest 32

7.2         Persons who have a Pecuniary Interest 32

7.3         What Interests do not have to be disclosed. 32

7.4         Disclosure and participation in Meetings – Councillors or members of Committees. 34

7.5         Non-Pecuniary Conflicts of Interest 35

7.6         Disclosures by Advisors. 35

7.7         Disclosures to be recorded. 35

PART 8 - MISCELLANEOUS. 36

8.1         Office of Councillor and Mayor 36

8.2         Information relating to Proceedings at Closed Meetings not to be Disclosed. 36

8.3         Inspection of the Minutes of Council 37

8.4         Tape recording of Council or Community Committee Meetings prohibited without permission  37

8.5         Council presentations. 38

8.6         Smoking on Council’s premises. 38

8.7         Attendance of General Manager at Meetings. 38

8.8         Common Seal 38

8.9         Mobile phones and digital audio players and portable multimedia players. 39

8.10      Amendment of Code. 39

 

Forms

Councillor Leave of Absence....................................................................................................... 40

Speaker Registration – Open Forum............................................................................................ 41


Council Meeting                                                                                            15 August 2017

5.6                       Strategic Policy Review

Attachment 5      Draft - Strategic Policy - ST050 - Code of Meeting Practice attachment

PART 1 - PRELIMINARY

1.1       Definitions

 

In this Code:

 

amendment in relation to an original motion, means a motion moving an amendment to that motion. An amendment is a change to the motion before Council, and takes place while that motion is being debated.

 

Chairperson

a)            in relation to a meeting of the Council - means the person presiding at the meeting as provided by Clause 3.1 of this Code

b)           in relation to a meeting of a Committee - means the person presiding at the meeting as provided by Clause 6.8 of this Code

 

Community Committee means a Committee established under Clause 6.1 of this Code and includes community or external representatives

 

Council Meeting includes an ordinary, extraordinary or closed meeting of Orange City Council.

 

motion means a proposal put forward by a Councillor or Committee member calling for a specific Action to be taken or a decision to be made on a particular matter before the meeting

 

Planning Decision means a decision made in the exercise of a function of Council under the Environmental Planning and Assessment Act 1979, including a decision relating to a development application, an environmental planning instrument, a development control plan or a development contributions plan

 

Policy Committee means a Committee established under Clause 6.1 of this Code or the Council when it has resolved itself into closed meetings

 

record means a document (including any written or printed material) or object (including a sound recording, coded storage device, magnetic tape or disc, microfilm, photograph, film, map, plan or model or a painting or other pictorial or graphic work) that is or has been made or received in the course of official duties by a Councillor or an employee of the Council and, in particular, includes the minutes of meetings of the Council or of a Committee of the Council

 

resolution is a motion that has been passed by a majority of Councillors at a meeting. It means the Council decision

 

the Act means the Local Government Act 1993

 

the Code means the Orange City Council Code of Meeting Practice

 

the Regulation means the Local Government (General) Regulation 2005 (part 10 – Meetings)

 

1.2       Act and Regulation

 

1.2.1   This Code is made as required by Section 360(2) of the Act. It incorporates relevant provisions of the Regulation and the Act.

 

1.2.2   Where there is any inconsistency between the Code and the Act or the Regulation, the provisions of the Act or the Regulation prevail.


1.3       Principles

1.3.1   In adopting a Code of Meeting Practice, Orange City Council commits itself to the following principles:

 

a)            Council meetings should be orderly, efficient and earn the respect of Orange’s residents.

 

b)           Councillors have an obligation to conduct themselves at meetings to high standards of behaviour and make a positive contribution to all decisions and debates.

 

c)            Meetings should be part of Council’s commitment to open government and maximise the access and participation available to the City’s residents

d)           Council meetings should comply with the principles underlying the Act relating to the roles and responsibilities of the Councillors and the General Manager. Within the delegations of authority adopted by Council, matters considered at meetings should be restricted to matters of policy, direction, resource allocation and statutory decisions which are required to be made by Council.

 

e)           The following key principles are committed to:

 

                Integrity

                You must not place yourself under any financial or other obligation to any individual or organisation that might reasonably be thought to influence you in the performance of your duties.

 

                Leadership

                You have a duty to promote and support the key principles by leadership and example, and to maintain and strengthen the public’s trust and confidence in the integrity of Council. This means promoting your public duty to others in the Council and outside, by your own ethical behaviour.

 

                Selflessness

                You have a duty to make decisions solely in the public interest. You must not act in order to gain financial or other benefits for yourself, your family, friends or business interests. This means making decisions because they benefit the public, not because they benefit the decision maker.

 

                Impartiality

                You must make decisions solely on merit and in accordance with your statutory obligations when carrying out public business. This includes the making of appointments, awarding of contracts or recommending individuals for rewards or benefits. This means fairness to all; impartial assessment; merit selection in recruitment and in purchase and sale of Council’s resources; considering only relevant matters.

 

                Accountability

                You are accountable to the public for your decisions and actions and must consider issues on their merits, taking into account the views of others. This means recording reasons for decisions; submitting to scrutiny; keeping proper records; establishing audit trails.

 

                Openness

                You have a duty to be as open as possible about your decisions and actions, giving reasons for decisions and restricting information only when the wider public interest clearly demands. This means recording; giving and revealing reasons for decisions; revealing other avenues available to the client of business; when authorized, offering all information, communicating clearly.

 

                Honesty

                You have a duty to act honestly. You must declare any private interests relating to your public duties and take steps to resolve any conflicts arising in such as way that protects the public interest. This means obeying the law; following the letter and spirit of policies and procedures; observing the Code of Conduct; fully disclosing actual or potential conflicts of interest and exercising any conferred power strictly for the purpose for which the power was conferred.

 

                Respect

                You must treat others with respect at all times. This means not using derogatory terms towards others, observing the rights of other people, treating people with courtesy and recognising the different roles others play in local government decision making.

 

 

PART 2 - CONVENING OF, AND ATTENDANCE AT, COUNCIL MEETINGS

            

2.1       Frequency of meetings of Council

 

2.1.1         Council is required to meet at least 10 times each year, each time in a different month (Act - S 365)

 

2.1.2         The General Manager shall report to Council in September of each year, recommending the frequency and times for meeting times for the ensuing twelve months of ordinary Policy Committee Meetings and ordinary Council Meetings.

 

2.1.3         The Council may by resolution, vary the times and dates of ordinary Policy Committee Meetings and ordinary Council Meetings from the adopted times.

 

           Note: Ordinary meetings of Council are generally not held in the month of January.

 

2.2       Authority to cancel a scheduled Council or Committee Meeting

 

2.2.1         The Mayor and General Manager may cancel a scheduled meeting of Council or a Committee if there are no significant items for consideration. Public notice will be given of any cancelled Council or Policy Committee Meeting.


2.3       Absence without prior leave

 

2.3.1         Any Councillor who is absent without prior leave being granted by Council from three consecutive ordinary meetings of Council, shall be disqualified from holding civic office (Act - S 234).

 


2.4       Extraordinary Meetings

 

2.4.1         If the Mayor receives a request in writing signed by at least two Councillors, the Mayor must call an Extraordinary Meeting of Council to be held as soon as practicable but in any event within 14 days after the receipt of the request (Act - S 366).

 

2.4.2         If the Mayor fails, within three working days of receipt of a request pursuant to subsection 2.4.1, to give a direction to the General Manager for the sending of notices to Councillors for an extraordinary meeting to be held within the period specified in subsection 2.4.1, the General Manager must send a notice to each Councillor specifying that the meeting be held within 14 days following the date of receipt of the request.

 

2.4.3         Any request submitted in accordance with this clause must clearly state the business proposed to be transacted at the meeting.

 

2.4.4         Extraordinary meetings are not only held in ‘extraordinary’ circumstances. These meetings are usually held to deal with special business or where there is so much business to be dealt with an additional meeting is required (Reg Cl242)

 

2.5       Notice of Meetings

 

          2.5.1         The General Manager must send to each Councillor, at least three calendar days before each meeting of the Council, a notice specifying the time and place at which and the date on which the meeting is to be held and the business on the agenda of meeting (Act - S 367(1))

 

             2.5.2         Notice of less than three days may be given of an extraordinary meeting called in an emergency (Act - S 367(2))

 

2.5.3         A notice of a meeting of Council or a Policy Committee must be published in a newspaper circulating in the area before the meeting takes place (Reg - Cl 232(2))

 

2.5.4         The notice must specify the time and place of the meeting (Reg - Cl 232(3))

 

2.5.5         Notice of more than one meeting may be given in the same notice (Reg - Cl 232(4))

 

2.5.6         A notice under this section and the agenda for, and the business papers relating to, this meeting may be given to a Councillor in electronic form, but only if all Councillors have facilities to access the notice, agenda and business papers in that form (Act – S 367(3)).

 

2.5.7         This clause does not apply to an extraordinary meeting of Council or a Policy Committee (Reg Cl 232(5))

 

2.6       Quorum

 

2.6.1         The quorum for a meeting of Council is a majority of the Councillors who are not suspended from office (Act - S 368)

 


2.7       What happens when a quorum is not present

 

2.7.1         A meeting of the Council must be adjourned if a quorum is not present:

       a)        within half an hour after the time designated for the holding of the meeting; or

       b)        at any time during the meeting (Reg - Cl 233(1))

 

2.7.2          In either case, the meeting must be adjourned to a time, date and place fixed:

      a)        by the Chairperson; or

      b)        in his or her absence - by the majority of the Councillors present; or

      c)         failing that, by the General Manager (Reg - Cl 233(2))

 

2.7.3         The General Manager must record in the Council’s minutes the circumstances relating to the absence of a quorum (including the reasons for the absence of a quorum) at or arising during a meeting of the Council, together with the names of the Councillors present (Reg - Cl 233(3)).

 

2.7.4         A Councillor who is not capable of voting on a matter before the Council (by reason of having disclosed a pecuniary interest is the matter) is regarded as being absent from the meeting for the purpose of determining whether or not a quorum is present.

 

2.7.5         If so many Councillors declare a pecuniary interest in a matter that the Council is unable to form a quorum to deal with business before it, the Councillors concerned may apply to the Minister for Local Government to allow them to participate in the discussion and vote on that matter (Act S 458).

 

2.8       Anticipated lack of quorum

 

2.8.1         There is no provision in the Act or Regulation for a Council meeting to be abandoned or cancelled if a lack of a quorum is anticipated.

 

2.8.2         If notice of a meeting has been given, it must be held or at least opened.

 

2.8.3         While a meeting without a quorum can be opened, it cannot make any decisions (Act – S371).

 

2.9       Adjourning Meetings

 

2.9.1         If a meeting is adjourned because it cannot be held, for example because of a lack of a quorum, it is postponed to a later time or date and, possibly, to a different place.

 

2.9.2         If, part way through a meeting, the meeting is adjourned (for example because a quorum ceases to be present or because of time constraints) the meeting will recommence at the time and place that is adjourned to.

 

2.9.3         An adjourned meeting is a continuation of the earlier part of the same meeting, not a new meeting.

 

2.9.4         If a meeting is adjourned to a different date, time or place, each Councillor and the public should be notified of the new date, time or place.

 

2.9.5         As an adjourned meeting is a continuation of the same meeting (not a new meeting), Council will not issue a new agenda and business paper for the adjourned meeting.

 

2.10    Presence at Council meetings

 

2.10.1        A Councillor cannot participate in a meeting of Council unless personally present at the meeting (Reg Cl 235)

 

2.11    Leave of absence

 

2.11.1       Councillors should seek leave of absence from a meeting(s) in writing, using the Councillor Leave of Absence Request Form (Appendix 1).

 

2.11.2       A Councillor’s application for leave of absence from Council meetings should, if practicable, identify (by date) the meeting(s) from which the Councillor intends to be absent (Reg 235A(1)).

 

2.11.3       If a Councillor who intends to attend a Council meeting despite having been granted leave of absence should, if practicable, give the General Manager at least two days’ notice of his or her intention to attend (Reg Cl - 235A(2))

 

2.11.4       Council will only grant leave of absence in circumstances where a Councillor submits a written leave application that is accepted by resolution of Council.

 

2.12    Entitlement to attend Council or Policy and Community Committee Meetings (Act-S10)

 

2.12.1       Except as provided elsewhere in this Policy:

 

a)            everyone is entitled to attend a meeting of Council and its Policy Committees of which the members are Councillors.

 

   b)           Council must ensure that all meetings of Council and Policy and Community Committees are open to the public. With the exception of those members of the public addressing Council in accordance with Clause 2.13 members of the public are attending as observers only and are not permitted to interrupt meeting procedures or engage in disorderly conduct.

 

2.12.2       A person (whether a Councillor or another person) is not entitled to be present at a meeting of Council or of a Committee if expelled from the meeting:

 

      a)            by resolution of the meeting

 

      b)           by the person presiding at the meeting if Council has, by resolution, authorised the person presiding to exercise the power of expulsion.

 

2.12.3       A person may be expelled from a meeting only on the grounds specified in, or in the circumstances prescribed in Clause 4.2.3 hereof.

 

2.13    Open Forum

 

2.13.1       Council will conduct an Open Forum as part of the Ordinary Council Meeting held on the first Tuesday of each month.

 

             2.13.2       Council sets aside a maximum of 30 minutes for the conduct of the Open Forum. Each speaker will have a maximum of 5 minutes to address the meeting.

 

             2.13.3       Speaker’s presentations to Council must relate specifically to an item on the Council Meeting agenda for that meeting.

 

2.13.4       Speakers are able to present to Council orally only, no electronic presentation can be made. If handouts are to be provided, these are to be supplied to the General Manager by 4pm on the day of the meeting.

 

2.13.5       Conduct

 

a)            Essentially the key principles in Council’s Code of Conduct should be expected of each speaker who addresses the Open Forum.

 

b)           Those principles incorporate integrity, objectivity, accountability, openness, honesty and respect.

 

c)            The Open Forum does not provide private parliamentary privilege to speakers, Councillors or staff.

 

2.13.6       Speakers are expected:

 

a)            to behave in a manner that does not cause any reasonable person unwarranted offence or embarrassment.

b)           to Act lawfully, honestly and to exercise a degree of care and diligence in the comments made.

c)            to observe the highest standards of honesty and integrity and to avoid conduct (verbal/actions) that might suggest any departure from the key principles of conduct.

d)           to be frank, honest and open when presenting to Council.

e)           to avoid any behaviour that could be deemed to be an Act of disorder or misbehaviour such as insults or personal reflections on or imputes employee motives when discussing others.

f)            to not behave in a manner that might be considered to be threatening to or harassment of Councillors or Council staff.

 

2.13.7       Unacceptable behaviour at the Open Forum

 

a)            Persons who conduct themselves in a manner considered by any reasonable person, to be disorderly, will be expelled from the forum in a similar manner as that provided under Reg Cl - 257(2).

 

b)           Should the behaviour of a speaker and/or audience be such that the Mayor/Chairperson of the forum deems necessary to discontinue a particular section of the forum, then the following will apply:

 

                i)             the speaker and/or persons will be asked to discontinue the offensive behaviour.

                ii)            the speaker and/or persons may be asked to leave the building where the meeting is being held.

                iii)           a Police Officer or any person authorised for the purpose by Council, or the person presiding may, by using only such force as is necessary, remove the person/persons from the building and if necessary restrain that person from re-entering the building.

                iv)           the person may be advised to correspond in future with Council via mail or email and/or Council’s appointed legal representative.

 

2.14    Public notice of Meetings

 

2.14.1       Council must give notice to the public of the times, dates and places of its meetings and meetings of those of its Policy Committees of which all the members are Councillors (Act - S 9 (1)).

 

2.14.2       Council and each such Policy Committee must have available for the public at its offices and at each meeting, copies (for inspection or taking away by any person) of the agenda and the associated business papers (such as correspondence and reports) for the meeting (Act - S 9 (2))

 

2.14.3       The copies are to be available free of charge (Act - S 9 (4))

 

2.14.4       The advertisements referred to in this part shall be placed in the local print media, on a monthly basis, notifying the public as to the place, dates and times the ordinary meetings of Council, and its Policy Committees, are scheduled to meet (Reg Cl - 232).

 

Note: The requirement to advertise the holding of a meeting of the Council or a Policy Committee meeting does not apply to Extraordinary meetings – (Reg Cl – 232(5)). Community Committee meetings will not generally be advertised.

 

2.15    Submission of Reports/Information to Council/Policy Committee

 

             2.15.1       Notice of business (ie reports, Notices of Motion) for a Council Meeting or a Policy Committee Meeting must be in writing and lodged with the General Manager by no later than 10 days before the scheduled meeting (Reg Cl-241).

 

PART 3 - PROCEDURE FOR THE CONDUCT OF COUNCIL MEETINGS

 

3.1       Chairperson of Council meetings

 

3.1.1         The Mayor or, at the request of or in the absence of the Mayor, the Deputy Mayor presides at meetings of the Council (Act - S369(1)).

 

3.1.2         If the Mayor and the Deputy Mayor are absent, a Councillor elected to chair the meeting by the Councillors present presides at a meeting of Council (Act - S 369(2))

 

3.1.3         If no Chairperson is present at a meeting of Council at the time designated for the holding of the meeting, the first business of the meeting must be the election of a Chairperson to preside at the meeting (Reg - Cl 236(1)).

 

3.1.4         The election must be conducted:

                   a)            by the General Manager or, in his or her absence, an employee of the Council designated by the General Manager to conduct the election (a Director or Manager Administration and Governance), or

                   b)           if neither of them is present at the meeting or there is no General Manager of designated employee – by the person who called the meeting or a person Acting on his or her behalf.                                                                

 

3.1.5         If, at an election of a chairperson, 2 or more candidates receive the same number of votes and no other candidate receives a greater number of votes, the chairperson is to be the candidate whose name is chosen by lot.

 

3.1.6         For the purposes of sub-clause 3.1.5, the person conducting the election must:

a)            arrange for the names of the candidates who have equal numbers of votes to be written on similar slips, and

                   b)           then fold the slips so as to prevent the names from being seen, mix the slips and draw one of the slips at random.

 

3.1.7         The candidate whose name is on the drawn slips is the candidate who is to be the chairperson.

 

3.2       Addressing Councillors and Staff

 

3.2.1         Councillors are to be addressed as “Councillor (Surname)” by other Councillors and staff during Council meetings. This applies whether or not the Councillor has a title (eg Honorable or Reverend) or qualifications (eg Doctor).

 

3.2.2         Staff should be addressed by their position title rather name during Council or Committee Meetings.

 

3.3       Chairperson to have precedence

 

3.3.1   When the Chairperson rises or speaks during a meeting of Council:

                   a)            any Councillor then speaking or seeking to speak must immediately, if standing, resume his or her seat.

                   b)           every Councillor present must be silent to enable the Chairperson to be heard without interruption (Reg - Cl 237)

 

3.4  Chairperson’s duty with respect to motions

 

3.4.1         It is the duty of the Chairperson at a meeting of Council to receive and put to the meeting any lawful motion that is brought before the meeting.

 

3.4.2         The Chairperson must rule out of order any motion that is unlawful or the implementation of which would be unlawful.

 

3.4.3         Any motion, amendment or other matter that the Chairperson has ruled out of order is taken to have been rejected (Reg - Cl 238)

 

3.5       Confirmation of Minutes

 

3.5.1         Council must ensure that full and accurate minutes are kept of proceedings of Council (Act - S 375 (1))

 

             3.5.2         The correctness of the minutes of every preceding meeting, including an extraordinary meeting, not previously confirmed must be dealt with at every ordinary meeting of the Council, in order that such minutes may be confirmed.

 

             3.5.3         A motion or discussion with respect to such minutes shall not be in order except with regard to their accuracy as a true record of the proceedings.

 

             3.5.4         Minutes may be confirmed at an extraordinary meeting of Council.

 

             3.5.5         The minutes must, when they have been confirmed at a subsequent meeting of the Council, be signed by the person presiding at that subsequent meeting. (Act - S 375(2))


 

3.6       Order of Business

 

          3.6.1        

Agenda items

Ordinary and Extraordinary meetings of Council

Policy Committees including those called as Extraordinary Committee meetings

Community

Committees

a)  Emergency procedures

ü

ü

ü

b)  Apologies for absence

ü

ü

ü

c)   Prayer

ü

n/a

n/a

d)  Acknowledgement of Country

ü

ü

ü

e)  Declarations of Interest

ü

ü

ü

f)   Open Forum

ü

n/a

n/a

g)  Condolences – The Mayor or Chairperson may give condolences and observe a minute’s silence

ü

n/a

ü

h)  Mayoral Minutes

ü

n/a

n/a

i)    Confirmation of minutes of previous meetings

Ordinary and Extraordinary Council Meetings

n/a

ü

j)   Acceptance of late items

ü

ü

ü

k)  Confirmation of items listed for closed section of the meeting

ü

n/a

n/a

l)    Confirmation of the Resolutions and adoption/amendment of the Recommendations of Policy Committees

ü

n/a

n/a

m) Notices of Motion and Rescission Motions

ü

n/a

n/a

n)  Reports

ü

ü

ü

o)  Closed section of meeting

ü

n/a

n/a

p)  Adoption of recommendations from Closed Meeting

ü

n/a

n/a

 

3.6.2         The order of business fixed in 3.6.1 above may be altered if a motion to that effect is passed.  Such a motion can be moved without notice.

 

 

3.6.3         If a Closed Meeting agenda is prepared the business thereof must be referred to in the ordinary agenda prepared for the same meeting.

 


3.6.4         Items on a Closed Meeting agenda are to include subject matter and the reason for confidentially which must be stated as being one of the following (Act - S10(A)):

a)            personnel matters concerning particular individuals.

b)           the personal hardship of any resident or ratepayer.

c)            information that would, if disclosed, confer a commercial advantage on a person with whom Council is conducting (or proposes to conduct) business.

                                d)           commercial information of a confidential nature that would if disclosed:

·        prejudice the commercial position of the person who supplied it

·        confer a commercial advantage on a competitor of the Council

·        reveal a trade secret.

                                e)           information that would, if disclosed, prejudice the maintenance of law.

                                f)            matters affecting the security of Council, Councillors, Council staff or Council property.

                                g)            advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

                                h)           information concerning the nature and location of a place or an item of Aboriginal significance on community land.

                                i)             alleged contravention of any code of conduct requirements applicable under Section 440 (the Act)

 

3.6.5         Confidential items on Business papers are to be listed on the agenda after all other non-confidential items.

 

             3.6.6         Council may allow members of the public to make representations to or at a meeting, before any part of the meeting is closed to the public, as to whether that part of the meeting should be closed.

 

3.7       Giving Notice of Business

 

             3.7.1         Council must not transact business at a meeting of Council:

 

a)            unless a Councillor has given at least three calendar days prior notice of the business in writing to the General Manager (Reg – Cl 241(1)(a)).

 

                                b)           unless notice of the business has been sent out to each Councillor at least three calendar days before each meeting of the Council specifying the time and place at which and the date on which the meeting is to be held and the business proposed to be transacted at the meeting (Reg – Cl 241(1)(b)).

 

             3.7.2         Notice of less than three days may be given to an Extraordinary Meeting called in an emergency (Act – S367)

 

             3.7.3         Sub-clause 3.7.1 does not apply to the consideration of business at a meeting if the business:

 

a)           is already before, or directly relates to a matter that is already before Council, or (Reg – Cl 241(2)(a)).

b)           is the election of a Chairperson to preside at the meeting as provided by Clause 3.1.2, or (Reg – Cl 241(2)(b)).

c)            is a matter or topic put to the meeting by the Chairperson in accordance with Clause 3.8.2, or (Reg – Cl241(2)(c)).  

d)           is a motion for the adoption of recommendations of a Policy Committee.

 


3.7.4         Despite Clause 3.7.3, business may be transacted at a meeting of a Council even though due notice of the business has not been given to the Councillors. This can only happen if:

 

a)           A motion is passed to have business transacted at the meeting (Reg – Cl 241(3)(a)).

b)           The business proposed to be forward is ruled by the Chairperson to be of great urgency (Reg – Cl 241(3)(b)).

 

Such a motion shall be moved without notice.

 

3.8       Agenda for Extraordinary Meeting

 

             3.8.1         The General Manager must ensure that the agenda for an Extraordinary Meeting of Council deals only with the matters stated in the notice of the meeting (Reg – Cl 242(1)).

 

             3.8.2         Despite Clause 3.8.1 business may be transacted at an extraordinary meeting of Council even though due notice of the business has not been given to Councillors. However, this can only happen if:

 

a)            a motion is passed to have the business transacted at the meeting (Reg – Cl 242(2)(a)).

b)           the business proposed to be brought forward is ruled by the Chairperson to be of great urgency (Reg – Cl 242(2)(b)).

 

                                Such a motion can be moved without notice, but only after the business notified in the agenda for the meeting has been dealt with (Reg - Cl 242(2))

 

3.9       Mayoral Minutes

 

             3.9.1         If the Mayor (or the Deputy Mayor, if acting for the Mayor) is the Chairperson at a meeting of Council, the Chairperson is, by Mayoral Minute signed by the Chairperson, entitled to put to the meeting without notice any matter or topic that is within the jurisdiction of Council of which Council has official knowledge. (Reg – Cl 243(1))

 

             3.9.2         Such a Mayoral Minute, when put to the meeting, takes precedence over all business on Council’s agenda for the meeting. The Chairperson (but only if the Chairperson is the Mayor, or the Deputy Mayor, if acting for the Mayor) may move the adoption of the Mayoral minute without the motion being seconded. (Reg – Cl 243(2))

 

             3.9.3         A recommendation made in a Mayoral Minute of the Chairperson (being the Mayor, or Deputy Mayor, if acting for the Mayor) or in a report made by a Council employee is, so far as adopted by Council, a resolution of Council. (Reg - Cl 243(3))

 


3.10    Matters to be included in Minutes of Council Meeting

 

3.10.1       The General Manager must ensure that the following matters are recorded in Council’s minutes:

 

a)            Details of each motion moved at a Council meeting and of any amendments (Act Cl  254(b)).

b)           The name of the mover and seconder of each motion and amendment (Cl 254(b)).

c)            Whether each motion and amendment is passed or lost (Cl 254(c)).

d)           The circumstances and reasons relating to the absence of a quorum together with names of the Councillors present (Cl 233(3))

e)           The dissenting vote of a Councillor if requested (Cl 251(2)).

f)            The names of the Councillors who voted for a motion in a division and those

                who voted against it (Cl 251(4)). Note that a division is always required when a

                motion for planning decision is put at a meeting of the Council (Act Sec 375A)

g)            The grounds for closing a part of a meeting to the public (Act Sec 10D).

h)           The report of a Council Committee leading to a rescission or alteration motion (Act Se 372(6)).

i)             Any question asked to staff taken on notice.

j)             The disclosure to a meeting by a Councillor of a pecuniary interest (Act Sec 453).

k)            When Council makes a decision against the recommendation of staff or Council–engaged experts, the reason(s) for this should be minuted, particularly when determining Development Applications against the recommendation of Council staff.

 

3.11    Report of a Departmental Representative to be tabled at Council Meeting

 

3.11.1       When a report of a NSW Office of Local Government representative has been presented to a meeting of Council in accordance with Section 433 of the Act, Council must ensure that the report:

 

a)            is laid on the table at that meeting; and

b)            is subsequently available for the information of Councillors and members of the public at all reasonable times (Reg - Cl 244)

            

3.12    Notices of Motion

 

             3.12.1       Notices of motion should start with the word “that” and should be clear, brief and accurate.

 

             3.12.2       A Councillor could submit more than one notice of motion on the same topic.

 

             3.12.3       Notices of motion should be written in a positive sense so that a ‘yes’ vote indicates support.

 

             3.12.4       The General Manager will provide appropriate comments from a staff perspective where appropriate however these comments will not refer to the merit of any notice of motion.

 

             3.12.5       Notices of Motion are to be lodged with the General Manager by 9am at least 10 days before the scheduled meeting.

 

3.13    Notice of Motion – Absence of Mover

 

3.13.1       In the absence of a Councillor who has placed a notice of motion on the agenda for a meeting of the Council:

 

a)            any other Councillor may move the motion at the meeting, or

b)           the Chairperson may defer the motion until the next meeting of the Council at which the motion can be considered (Reg - Cl 245)

 

3.14   Motions to be seconded

 

3.14.1       A motion or an amendment cannot be debated unless or until it has been seconded. This Clause is subject to Clause 3.18 (Reg - Cl 246).

 

3.14.2       The seconder of a motion or of an amendment may reserve the right to speak later in the debate, subject to Clause 3.18.

 

3.14.3    It is permissible to debate the motion and an amendment concurrently.

 

3.15    How subsequent amendments may be moved

 

3.15.1       If an amendment has been accepted or rejected, a further amendment can be moved to the motion in its original or amended form (as the case may be), subject to the further amendment being foreshadowed and so on, but no more than one motion and one proposed amendment can be before Council at any one time. (Reg - Cl 247)

 

3.15.2       During the debate on an amendment, if a further amendment is foreshadowed, the subject and the detail of the foreshadowed amendment shall not be indicated, and any such foreshadowed amendment shall not be moved and debated until the amendment being debated is dealt with.

 

3.15.3       An amendment must relate solely to the subject matter of the motion and not to something else. The Chairperson shall reject an amendment if the proposed amendment:

 

a)    Is a direct negative, or contradiction, of the motion or has that effect.

b)    Does not relate to the motion.

 

3.16    Motions of dissent

 

3.16.1       A Councillor can, without notice, move to dissent from the ruling of the Chairperson on a point of order. If that happens, the Chairperson must suspend the business before the meeting until a decision is made on the motion of dissent. (Reg – Cl 248(1))

 

Note: A point of order occurs where a person formally draws the attention of the Chairperson of a meeting to an alleged irregularity in the proceedings of the meeting.

 

3.16.2       If a motion of dissent is passed, the Chairperson must proceed with the suspended business as though the ruling dissented from had not been given. If, as a result of the ruling, any motion or business has been discharged as out of order, the Chairperson must restore the motion or business to the agenda and proceed with it in due course. (Reg – Cl 248(2))

 

3.16.3       Only the mover of a motion of dissent and the Chairperson can speak to the motion before it is put. The mover of the motion does not have a right of general reply. (Reg – Cl 248(3))

 

3.17    Questions may be put to Councillors and Council employees

 

          3.17.1 A Councillor:

 

a)    may, through the Chairperson, put a question to another Councillor.

b)           may, through the Chairperson and the General Manager, put a question to a Council employee. (Reg - Cl 249(1))

 

3.17.2       However, a Councillor or Council employee to whom a question is put is entitled to be given reasonable notice of the question and, in particular, sufficient notice to enable reference to be made to other persons or to documents. (Reg - Cl 249(2))

 

3.17.3       Any such question must be put directly, succinctly, and without argument. (Reg - Cl 249(3))

 

3.17.4       The Chairperson must not permit discussion on any reply or refusal to reply to a question put to a Councillor or Council employee under this Clause. (Reg - Cl 249(4))

 

3.17.5       If a question is asked of a member of staff that requires time to respond, the question will be taken on notice and recorded in the minutes.

 

3.18    Limitation as to number of speeches

 

3.18.1       A Councillor who, during a debate at a meeting of Council, moves an original motion has the right of general reply to all observations that are made by Councillors during the debate in relation to the motion and to any amendment to it, as well as the right to speak on any such amendment. (Reg - Cl 250(1))

 

3.18.2       A Councillor, other than the mover of an original motion, has the right to speak once on the motion and once on each amendment to it. (Reg - Cl 250(2))

 

3.18.3       A Councillor must not, without the consent of Council, speak more than once on a motion or an amendment, or for longer than five minutes at any one time. However, the Chairperson may permit a Councillor who claims to have been misrepresented or misunderstood to speak more than once on a motion or an amendment, and for longer than five minutes on that motion or amendment to enable the Councillor to make a statement limited to explaining the misrepresentation or misunderstanding. (Reg - Cl 250(3))

 

3.18.4       Despite sub-clause 3.18.3, a Councillor may move that a motion or an amendment be now put:

 

a)            if the mover of the motion or amendment has spoken in favour of it and no Councillor expresses an intention to speak against it.

b)           if at least two Councillors have spoken in favour of the motion or amendment and at least two Councillors have spoken against it. (Reg - Cl 250(4))

 

3.18.5       The Chairperson must immediately put to the vote, without debate, a motion moved under sub-clause 3.18.4. A seconder is not required for such a motion. (Reg - Cl 250(5))

 

3.18.6       If a motion that the original motion or an amendment be now put is passed, the

                   Chairperson must, without further debate, put the original motion or amendment to

                   the vote immediately after the mover of the original motion has exercised his or her

                   right of reply under sub-clause 3.18.1. (Reg – Cl 250 (6))

 

3.18.7       If a motion that the original motion or an amendment be now put is rejected, the Chairperson must allow the debate on the original motion or the amendment to be resumed. (Reg - Cl 250(7))

 

3.19    Motions put without debate

 

3.19.1       Provided there is no objection from any Councillor present, any motion or recommendation before Council may be put to the vote without discussion or debate.

 

3.20    Voting at Council Meetings

 

3.20.1       Each Councillor is entitled to one vote. (Act - S 370(1))

 

3.20.2       However, the Chairperson has, in the event of an equality of votes, a second or casting vote. (Act - S 370(2))

 

3.20.3       A Councillor who is present at a meeting of Council but who fails to vote on a motion put to the meeting is taken to have voted against the motion. (Reg - Cl 251(1)).

 

3.20.4       The Chairperson in using a casting vote does not need to vote the same way on their first and second vote.

 

3.20.5       Should the Chairperson fail to exercise a casting vote, the motion being voted on would be lost.

 

3.20.6       If a Councillor who has voted against a motion put at a Council meeting so requests, the General Manager must ensure that the Councillor’s dissenting vote is recorded in Council minutes. (Reg - Cl 251(2)).

 

3.20.7       The decision of the Chairperson as to the result of a vote is final, unless: (Reg - Cl 251(3))

 

a)            in the case where a vote has been declared on the voices, a Councillor immediately requests a show of hands; or

b)           the decision is immediately challenged and not fewer than two Councillors rise and demand a division. (Reg - Cl 251(3)).

 

3.20.8       A division is a means by which the support or objection to a motion is easily seen and recorded.

 

3.20.9       When a division on a motion is demanded by two Councillors, the Chairperson must ensure that the division takes place immediately. The General Manager must ensure that the names of those who vote for the motion and those who vote against it are respectively recorded in Council minutes. (Reg - Cl 251(4))

 


3.20.10     Voting at a Council meeting, including voting in an election at such a meeting, is to be by open means (such as on the voices or by show of hands). However, Council may resolve that the voting in an election by Councillors for Mayor and Deputy Mayor is to be by secret ballot. (Reg – Cl 251(5))

 

Note: The Local Government (General) Regulation 2005 provides that a Council is to resolve whether an election by the Councillors for Mayor or Deputy Mayor is to be by preferential ballot, ordinary ballot or open voting (Clause 394 and Clause 3 of schedule 7). Clause 3 of schedule 7 of the Regulation also makes it clear that “ballot” has its normal meaning of secret ballot.

 

3.20.11     Voting on any planning decision is to be via a division and a record of voting included in the minutes.

 

3.20.12     “Planning decision” means a decision made in the exercise of a function of Council under the Environmental Planning and Assessment Act 1979:

 

                   a)            Including a decision relating to a development application, an environmental planning instrument, a development control plan or a development contribution plan under that Act, but

                   b)           Not including the making of an order under Division 2A of Part 6 of that Act.

 

3.20.13     The General Manager is required to keep a register containing, for each planning decision made at a meeting of Council or a Council Policy Committee, the names of the Councillors who supported the decision and the names of any Councillors who opposed (or are taken to have opposed) the decision.

 

3.20.14     For the purpose of maintaining the register, a division is required to be called whenever a motion for a planning decision is put at a meeting of Council or Policy Council Committee.

 

3.20.15     Each decision recorded in the register is to be described in the register or identified in a manner that enables the description to be obtained from another publicly available document, and is to include the information required by the Regulations.

 

3.20.16     This section extends to a meeting that is closed to the public.

                  

3.20.17     Voting on any tender decision is to be via a division and record of voting included in the minutes.

 

3.21    Representations by members of the public – closure of part of meeting

 

3.21.1       A representation at a Council meeting by a member of the public as to whether a part of the meeting should be closed to the public, can only be made for a period of one minute, (ie - each member of the public will be limited to speaking for no more than one minute each) immediately after the motion to close the part of the meeting is moved and seconded. (Reg - Cl 252)

 

3.21.2       The Mayor, or the Chairperson of the Council meeting, may allow only such number of members of the public to make representations on the proposed closure as is sufficient, in the opinion of the Mayor or Chairperson, to enable Council to gauge the views of the members of the public present.

 

3.21.3       The process that will be followed for public representations will be:

 

Step 1                   Mayor or Chairperson announces those items listed for consideration by a closed meeting.

 

Step 2             Mayor or Chairperson asks of General Manager if any written representations have been received, or if any member present in the public gallery wishes to make a verbal representation. Each verbal representation will be limited to one minute per person.

 

Step 3             After the verbal representations (if any) the Mayor or Chairperson puts the Motion to consider items in a Closed Meeting.

 

Step 4             When that matter has been decided, the persons who made the verbal representations should be informed as to whether the matter will be discussed in open, or Closed Council.

 

       Step 5            When the subject matter is decided at Step 3, there will be two ways that the matter can be dealt with - either Council decided to deal with the matter in a Closed Meeting (despite the representations), or Council decided to deal with the matter in Open Council. Depending on the decision of Council, these matters will then be dealt with as follows:

 

a)            If decided to be dealt with in Closed Meeting - continue with the business in the ordinary course

b)           If decided to be dealt with in open Council – the matter which has been the subject of representations is dealt with as the last item in the Meeting.

 

3.22    Decisions of the Council

 

             3.22.1       A decision supported by a majority of the votes at a meeting of Council at which a quorum is present is a decision of Council. (Act - S 371)

 

3.22.2       Council is a body politic of the State with perpetual succession and the legal capacity and powers of an individual (Act-S220). This means that Council is legally separate from the Councillors on it, and that Council decisions are not affected by changes in the Councillors.

 

3.23    Council decision making during election periods

 

3.23.1     Council is expected to assume a ‘care-taker’ role during election periods to ensure that major decisions are not made which limit the actions of an incoming Council.

 

3.24    Resolutions passed at closed Meetings to be made public

 

3.24.1       If Council passes a resolution during a meeting, or a part of a meeting, that is closed to the public, the Chairperson must make the resolution public as soon as practicable after the meeting or part of the meeting has ended. (Reg – Cl 253)

 


3.25    Rescinding or altering resolutions

 

3.25.1       A resolution passed by Council may not be altered or rescinded except by a motion to that effect of which notice has been duly given in accordance with this Code (Act - S 372(1))

 

3.25.2       If it is proposed to move a further motion in the event that a rescission motion is carried, the required notice may also be given of the proposed further motion.

 

3.25.3       If a notice of motion to rescind or alter a resolution is given:

 

a)            at the meeting at which the resolution is carried, the resolution must not be carried into effect until the motion of rescission or alteration has been dealt with; or (Act - 372 (2))

 

b)           at any time after the meeting at which the resolution was passed such Notice of motion to rescind does not prevent the carrying into effect of the resolution pending the determination of the notice of motion for rescission, unless such motion for rescission is received by 12 noon on the working day immediately after the meeting.

 

3.25.4       If a motion has been negatived by Council, a motion having the same effect must not be considered unless notice of it has duly been given in accordance with Clause 18. (Act - S 372 (3))

 

3.25.5       A notice of motion to alter or rescind a resolution, and a notice of motion which has the same effect as a motion which has been negatived by Council, must be signed by at least three Councillors if less than three months has elapsed since the resolution was passed, or the motion was negatived, as the case may be. (Act - S 372 (4))

 

3.25.6       If a motion to alter or rescind a resolution has been negatived, or if a motion which has the same effect as a previously negatived motion, is negatived, no similar motion may be brought forward within three months. This sub-clause may not be evaded by substituting a motion differently worded, but in principle the same. (Act - S 372(5))

 

3.25.7       A motion to which this Clause applies may be moved on the report of a Policy Committee of Council and any such report must be recorded in the minutes. (Act - S 372(6))

 

3.25.8       The provisions of this Clause concerning negatived motions do not apply to motions of adjournment. (Act - S 372(7))

 

3.25.9       Where verbal notice of a rescission motion is given at a Council or Policy Committee Meeting, the Councillor(s) providing that notice must provide the signed, written rescission motion to the General Manager within two days of the meeting.

 

3.26    Petitions

 

3.26.1       Petitions may be submitted to Council in writing (other than pencil) or in electronic form. The specific issue addressed in the petition and the number of signatories may be included in the Council business paper, but details of signatories will not.

 

3.26.2       Petitions submitted to Council must include:

a          A clear and concise statement covering the subject matter of the petition. The statement should state what action petitioners want Council to take

b          The name, address and signature or email address in the case of electronic petitions, of any person supporting the petition

c           The name, address and contact details of the main petition contact.

 

             3.26.3 Petitions that relate to operational matters will be referred to the General Manager.

 

PART 4 - KEEPING ORDER AT MEETINGS

 

4.1       Questions of order

 

4.1.1         Councillors must act honestly and reasonably in carrying out of functions (Act S 439). Guidance on acceptable conduct can be found in Council’s Code of Conduct.

 

4.1.2         The Chairperson, without the intervention of any other Councillor, may call any Councillor to order whenever, in the opinion of the Chairperson, it is necessary to do so. (Reg - Cl 255(1))

 

4.1.3         A Councillor who claims that another Councillor has committed an act of disorder, or is out of order, may call the attention of the Chairperson to the matter. (Reg - Cl 255(2))

 

4.1.4         The Chairperson must rule on a question of order immediately after it is raised but, before doing so, may invite the opinion of Council. (Reg - Cl 255(3))

 

4.1.5         The Chairperson’s ruling must be obeyed unless a motion dissenting from the ruling is passed. (Reg - Cl 255(4))

 

4.1.6         The Chairperson may reject any motion, amendment, or other matter which is, in the opinion of the Chairperson, out of order, before it is moved or seconded.


4.2       Acts of disorder

 

4.2.1         A Councillor commits an act of disorder if the Councillor, at a meeting of Council or a Policy or Community Committee of Council:

 

a)            contravenes the Act, any regulation in force under the Act.

b)           assaults or threatens to assault another Councillor or person present at the meeting.

c)            moves or attempts to move a motion or an amendment that has an unlawful purpose or that deals with a matter that is outside the jurisdiction of Council or Policy or Community Committee, or addresses or attempts to address Council or Policy or Committee Community on such a motion, amendment or matter.

d)           insults or make personal reflections on or imputes improper motives to any other Councillor or staff member

e)           says or does anything that is inconsistent with maintaining order at the meeting or is likely to bring Council or Policy or Community Committee into contempt (Reg - Cl 256(1))

 


4.2.2         The Chairperson may require a Councillor:

 

a)            to apologise without reservation for an act of disorder referred to in sub-clause 4.2.1(a) or 4.2.1(b).

b)           to withdraw a motion or an amendment referred to in sub-clause 4.2.1(c) and, where appropriate, to apologise without reservation.

c)            to retract and apologise without reservation for an act of disorder referred to in sub-clause 4.2.1(d).  (Reg - Cl 256(2))

 

4.2.3         A Councillor may, as provided by section 10(2)(a) or (b) of the Act, be expelled from a meeting of Council or from a Policy or Community Committee by the Chairperson presiding at the meeting, for having failed to comply with a requirement under sub-clause 4.2.2. The expulsion of a Councillor under this sub-clause does not prevent any other Action from being taken against the Councillor for the act of disorder concerned. (Reg - Cl 256(3) & Act - S10 (2))

 

4.3       How disorder at a meeting may be dealt with

 

4.3.1         If disorder occurs at a meeting of Council or Policy or Community Committee, the Chairperson may adjourn the meeting for a period of not more than 15 minutes and leave the Chair. Council, on reassembling, must, on a question put from the Chairperson, decide without debate whether the business is to be proceeded with or not. This sub-clause applies to disorder arising from the conduct of members of the public as well a disorder arising from the conduct of Councillors. (Reg - Cl 257(1))

 

4.3.2         A member of the public may be expelled from a meeting of Council or from a Policy or Community Committee by the Chairperson presiding at the meeting, for engaging in or having engaged in disorderly conduct at the meeting. (Reg - Cl 257(2) & Act - S 10 (2))

 

4.4       Power to remove persons from meeting after expulsion resolution

 

4.4.1         If a Councillor or a member of the public fails to leave the place where a meeting of a Council is being held:

 

a)            immediately after Council has passed a resolution expelling the Councillor or member from the meeting.

b)           where Council has authorised the person presiding at the meeting to exercise the power of expulsion - immediately after being directed by the person presiding to leave the meeting.

 

A police officer, or any person authorised for the purpose by Council or person presiding, may, by using only such force as is necessary, remove the Councillor or member from that place and, if necessary, restrain the Councillor or member from re-entering that place. (Reg Cl 258)

 

 


PART 5 – CLOSED COUNCIL

 

5.1       Closed Council

 

5.1.1         Council may resolve itself into a Closed Meeting to consider any matter before Council. (Act - S 373)

 

5.1.2         All the provisions of this Code relating to meetings of Council, so far as they are applicable, extend to and govern the proceedings of a Closed Meeting.

 

5.1.3         The General Manager or, in the absence of the General Manager, an employee of the Council designated by the General Manager, is responsible for reporting to the Council proceedings in a Closed Meeting. It is not necessary to report the proceedings in full but any recommendations of the Closed Meeting must be reported. (Reg - Cl 259(2))

 

5.1.4         Council must ensure that a report of the proceedings (including any recommendations of the Closed Meeting) is recorded in Council’s minutes. However, Council is not taken to have adopted the report until a motion for adoption has been made and passed. (Reg - Cl 259(3))

 

5.2       Exclusion of the public from Closed Meetings of Council

 

5.2.1         Council, or a Committee of Council of which all members are Councillors, may close to the public so much of its meeting as comprises:

 

a)            the discussion of any of the matters listed in Clause 5.2.2.

b)           the receipt or discussion of any of the information so listed.

 

5.2.2         The matters considered by a Closed meeting are restricted to:

 

a)            personnel matters concerning particular individuals.

b)           the personal hardship of any resident or ratepayer.

c)            information that would, if disclosed, confer a commercial advantage on a   person with whom the Council is conducting (or proposes to conduct) business.

d)           commercial information of a confidential nature that would, if disclosed:

 

             i)          prejudice the commercial position of the person who supplied it.

ii)         confer a commercial advantage on a competitor of Council.

 

e)            reveal a trade secret.

f)            information that would, if disclosed, prejudice the maintenance of law

matters affecting the security of Council, Councillors, Council staff or Council property.

g)            advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground on legal professional privilege.

h)           information concerning the nature and location of a place or an item of Aboriginal significance on community land. (Act – S 10A(1))

i)             alleged contravention of any code of conduct requirements applicable under Section 440 (the Act)

 


5.2.3         For the purpose of determining whether the discussion of a matter in an open meeting would be contrary to the public interest, it is irrelevant that (Act – S 10B(4)):

 

a)            a person may misinterpret or misunderstand the discussion, or

b)           the discussion of the matter may:

 

i)          cause embarrassment to the Council or to Councillors or to employees of the Council.

ii)         cause a loss of confidence in the Council.

 

5.2.4         In deciding whether part of a meeting is to be closed to the public, the Council must have regard to any relevant guidelines issued by the Chief Executive of the Office of Local Government. (Act – S 10B(5)).

 

5.2.5         Part of a meeting of Council may be closed to the public while the Council considers a matter that has not been identified in the agenda for the meeting as a matter that is likely to be considered when the meeting is closed, but only if: (Act – S 10C)

 

a)            it becomes apparent during the discussion of a particular matter that the matter is a matter referred to in sub-clause 5.2.2 and

b)           the Council after considering any representations made under sub-clause 3.21 resolves that further discussion on the matter:

 

i)          Should not be deferred (because of the urgency of the matter), and

ii)         Should take place in a part of the meeting that is closed to the public.

 

5.2.6         The grounds on which part of a meeting is closed must be stated in the decision to close that part of the meeting and must be recorded in the minutes of the meeting. (Act – S 10D(1)).

 

5.2.7         The grounds must specify the following (Act –S 10D (2)):

 

a)            the relevant provision of Section 10A(2) of the Act.

b)           the matter that is to be discussed during the closed part of the meeting.

c)            the reasons why the part of the meeting is being closed, including (if the matter concerned is a matter other than personnel matter concerning particular individuals, the personal hardship of a resident or ratepayer or a trade secret) an explanation of the way in which discussion of the matter in an open meeting would be, on balance, contrary to the public interest.

 

5.2.8         If Council passes a resolution during a meeting, or part of a meeting, that is closed to the public, the Chairperson must make the resolution public as soon as practicable after the meeting or part of the meeting has ended. (Reg –Cl253)

 

5.2.9         Once Council has finished business in a Closed meeting, it must formally resolve to move back into open Council.

 

 

 


PART 6 - COUNCIL COMMITTEES

 

6.1       Council may establish Committees

 

6.1.1         The Council may, by resolution, establish such Committees, as it considers necessary. (Reg - Cl 260(1))

 

6.1.2         A Policy Committee is to consist of the Mayor and such other Councillors as are elected by the Councillors or appointed by the Council. (Reg - Cl 260(2))

 

6.13           A Community Committee is to consist of the Councillors as nominated by Council, and other members as appointed by Council.

 

6.1.4         The quorum for a meeting of a Policy or Community Committee is to be:

a)            such number of members as the Council decides; or

b)           if the Council has not decided a number - a majority of the members of the Committee. (Reg - Cl 260(3))

 

6.2       Functions of Committees

 

6.2.1         Council must specify the functions of each of its Policy and Community Committees when the Committee is established, but may from time to time amend those functions. (Reg - Cl 261)

 

6.2.2         Working Parties, Community or Advisory Committees can make recommendations to Council but do not have power to make decisions or direct staff.

 

6.2.3         Policy Committees can make resolutions on matters in accordance with the delegation of the Committee as resolved by Council with the exception of any action that will alter the budgetary position of Council. Those items will be recommendations made to Council for consideration at a Council Meeting.

 

6.3       Notice of Committee Meetings to be given

 

6.3.1         The General Manager must send to each member  Councillor, at least three clear days before each meeting of the Policy or Community Committee, a notice specifying:

 

a)            the time and place at which and the date on which the meeting is to be held.

b)           the business proposed to be transacted at the meeting. (Reg - Cl 262(1))

 

6.3.2         However, notice of less than three days may be given of a Policy or Community Committee meeting called in an emergency. (Reg - Cl 262(2))

 

6.4       Submission of reports or information to Council Committees

 

             6.4.1         Notice of business (ie reports or information) for a Policy or Community Committee meeting must be in writing and lodged with the General Manager at least 10 days before the scheduled date of the meeting.

 

             6.4.2         General business cannot be raised for consideration at a Policy or Community Committee Meeting if due notice has not been provided, or the Chairperson has ruled the matter as urgent.

 

6.5       Non-members entitled to attend Committee Meetings

 

6.5.1         A Councillor who is not a member of a Community Committee of the Council is entitled to attend, and to speak at, a meeting of the Community Committee. (Reg - Cl 263(1))

 

6.5.2         However, the Councillor is not entitled:

a)            to give notice of business for inclusion in the agenda for the meeting.

b)            to move or second a motion at the meeting.

c)            to vote at the meeting. (Reg - Cl 263(2))

 

6.6       Procedure in Committees

 

             6.6.1         Subject to sub-clause 3.6.1, each Policy or Community Committee of the Council may regulate its own order of business. (Reg - Cl 265(1))

 

6.6.2         No Policy Committee nor any Working Party, Community or Advisory Committee Chairperson will have a casting vote and any deadlocked decisions will be referred to the relevant Policy Committee or to Council if the matter arises at a Policy Committee Meeting.

 

6.6.3         Voting at a Policy or Community Committee meeting is to be by open means (such as on the voices or by show of hands). (Reg - Cl 265(3))

 

6.6.4         Voting at the Planning and Development Committee or Council Meeting in relation to any planning decision or tender is to be done by way of a division and voting recorded in the minutes.

 

6.7       Committee to keep Minutes

 

             6.7.1         Each Policy and Community Committee of Council must ensure that full and accurate minutes of the proceedings of its meeting are kept. In particular, a Committee must ensure that the following matters are recorded in the Committee’s minutes:

 

a)     details of each motion moved at a meeting and of any amendments moved to it.

b)     the names of the mover and seconder of the motion or amendment.

c)      whether the motion or amendment is passed or lost. (Reg - Cl 266(1))

d)     if a motion is passed or lost on the casting vote of the Chairman, a statement to that effect.  

 

             6.7.2         Following the conduct of a Community Committee Meeting, the Chairperson will be requested by the Committee Clerk to confirm the minutes of the meeting are a true and accurate record of the meeting. The minutes can then be presented to Council for consideration.

            

6.7.3         As soon as the minutes of an earlier meeting of a Community Committee of the Council have been confirmed at a later meeting of the Committee, the person presiding at the later meeting must sign the minutes of the earlier meeting. (Reg – Cl 266(2))

 


6.8       Chairperson and Deputy Chairperson of Committees

 

6.8.1         The Chairperson of each Policy and Community Committee of Council, must be:

 

a)            the Mayor.

b)           if the Mayor does not wish to be the Chairperson of a Policy or Community Committee - a member of the Committee elected by Council. (Reg – Cl 267(1))

c)            if the Council does not elect such a member - a member of the Committee elected by the Committee. (Reg - Cl 267(1))

 

6.8.2         Council may elect a member of a Policy or Community Committee of Council as Deputy Chairperson of the Committee. If Council does not elect a Deputy Chairperson of such a Committee, the Committee may elect a Deputy Chairperson. (Reg - Cl 267(2))

 

6.8.3         If neither the Chairperson nor the Deputy Chairperson of a Policy or Community Committee of Council is able or willing to preside at a meeting of the Committee, the Committee must, prior to the consideration of any business, elect a member of the Committee to be Acting Chairperson of the Committee. (Reg - Cl 267(3))

 

6.8.4         The Chairperson is to preside at a meeting of a Policy or Community Committee of Council. If the Chairperson is unable or unwilling to preside, the Deputy Chairperson is to preside at the meeting, but if neither the Chairperson nor the Deputy Chairperson is able or willing to preside, the Acting Chairperson is to preside at the meeting. (Reg - Cl 267(4))

 

6.9       Absence from Committee Meetings

 

6.9.1         A member (other than the Mayor) ceases to be a member of a Community Committee if the member:

 

                   a)            has been absent from three consecutive meetings of the Community Committee without having given reasons acceptable to the Community Committee for the member’s absences.

                   b)           has been absent from at least half of the meetings of the Community Committee held during the immediately preceding year without having given to the Community Committee acceptable reasons for the member’s absences. (Reg - Cl 268(1))

 

6.9.2         Sub-clause 6.8.1 does not apply in respect of a Policy Committee that consists of all of the members of Council. (Reg - Cl 268(2))

Note: The expression “year” means the period beginning 1 July and ending the following 30 June.

 

6.10    Reports of Policy and Community Committees

 

6.10.1       If in a report of a Policy or Community Committee distinct recommendations are made, the decision of Council may be made separately on each recommendation. (Reg - Cl 269(1))

 

6.10.2             The recommendations of a Policy or Community Committee are, so are as adopted by the Council, resolutions of Council. (Reg - Cl 269(2))

 

 

6.11    Disorder in Committee Meetings

 

6.11.1       The provisions of the Act, the Regulation and this Code relating to the maintenance of order in Council meetings apply to meetings of Policy and Community Committees of Council in the same way as they apply to meetings of Council. (Reg - Cl 270)

 

6.12    Committee may expel certain persons from its Meetings

 

6.12.1       If a meeting or a part of a meeting of a Policy Committee is closed to the public in accordance with section 10A of the Act, any person who is not a Councillor may be expelled from the meeting as provided by Section 10 (2) (a) or (b) of the Act. (Reg – Cl 271(1))

 

6.12.2       If any such person, after being directed, or notified of a direction expelling him or her from the meeting, fails to leave the place where the meeting is being held, a police officer, or any person authorised for the purpose by the person presiding, may, by using only such force as is necessary, remove the member of the public from that place and, if necessary, restrain the member of the public from re-entering that place. (Reg Cl 271(2))

 

6.13    Committees shall not have power to incur expenditure

 

6.13.1       A Policy or Community Committee (with the exception of the Sustainable Development Committee) shall not have power to incur expenditure or to bind the Council. Recommendations or reports of Policy or Community Committees shall not have effect unless and until adopted by the Council. Provided that Council may delegate to Policy or Community Committees functions of inspection and supervision, and any orders which a Policy or Community Committee may find it necessary to give in pursuance of any such delegation shall be given to or through the General Manager.

 

6.14    Inspection Committees

 

6.14.1       Inspection Committees shall not have the power to make decisions.

 

6.14.2       Council may undertake inspections of sites, projects or proposals to allow Councillors to collect information to support their decision-making.

 

6.14.3       Any such inspection is for information purposes only no formal decisions can be made.


PART 7 - PECUNIARY INTERESTS

 

7.1       Pecuniary Interest

 

7.1.1         For the purposes of this Part, a pecuniary interest is an interest that a person has in a matter because of a reasonable likelihood or expectation of appreciable financial gain or loss to the person or another person with whom the person is associated as provided in Clause 7.2.1. (Act – S 442 (1))

 

7.1.2         A person does not have a pecuniary interest in a matter if the interest is so remote or insignificant that it could not reasonably be regarded as likely to influence any decision the person might make in relation to a matter or if the interest is of a kind specified in Clause 7.2.2. (Act – S 442 (2))

 

7.2       Persons who have a Pecuniary Interest

 

7.2.1         For the purposes of this Part, a person has a pecuniary interest in a matter if the pecuniary interest is the interest of:

 

a)            the person.

b)           the person’s spouse or de facto partner or a relative of the person, or a partner or employer of the person.

c)            a company or other body of which the person, or a nominee, partner or employer of the person, is a member (Act – S 443(1))

 

7.2.2         However, a person is not taken to have a pecuniary interest in a matter as referred to in sub-section 7.2.1(b) or (c):

 

                   a)            if the person is unaware of the relevant pecuniary interest of the spouse, de facto partner, relative, partner, employer or company or other body.

b)           Just because the person is a member of, or employed by, a Council or a statutory body or employed by the crown.              

c)            Just because the person is a member of, or delegate of a Council to, a company or other body that has a pecuniary interest in the matter, so long as the person has not beneficial interest in any shares of the company or body. (Act – S 443(3))

 

7.3       What Interests do not have to be disclosed

 

7.3.1         The following interests do not have to be disclosed for the purposes of this Part:

 

a)            an interest as an elector.

b)           an interest as a ratepayer or a person liable to pay a charge.

c)            an interest in any matter relating to the terms on which the provision of a service or the supply of goods or commodities is offered to the public generally, or to a section of the public that includes persons who are not subject to this Part.

d)           an interest in any matter relating to the terms on which the provision of a service or the supply of goods or commodities is offered to a relative of the person by the Council in the same manner and subject to the same conditions as apply to persons who are not subject to this Part.

e)           an interest as a member of a club or other organisation or association, unless the interest is as the holder of an office in the club or organisation (whether remunerated or not).

f)            an interest of a member of a Council Community Committee as a person chosen to represent the community or as a member of a non-profit organisation or other community or special interest group if the Community Committee member has been appointed to represent the organisation or group on the Community Committee.

g)            an interest in a proposal relating to the making, amending, altering or repeal of an environmental planning instrument, other than an instrument that effects a change of permissible uses of:

 

i)          land in which the person or another person with whom the person is associated as provided in 7.2.1 or 7.2.2 has a proprietary interest (which, for the purposes of this paragraph, includes any entitlement to the land at law or in equity and any other interest or potential interest in the land arising out of any mortgage, lease, trust, option or contract, or otherwise); or

 

                                               ii)         land adjoining, or adjacent to, or in proximity to land referred to in sub-clause 7.2.2.

 

if the person or the other person, company or body referred to in 7.2.1 or 7.2.2 would by reason of the proprietary interest have a pecuniary interest in the proposal.

h)           an interest relating to a contract, proposed contract or other matter if the interest arises only because of a beneficial interest in shares in a company that does not exceed 10 per cent of the voting rights in the company.

i)             an interest of a person arising from the proposed making by Council of an agreement between Council and a corporation, association or partnership, being a corporation, association or partnership that has more than 25 members, if the interest arises because a relative of the person is a shareholder (but not a director) of the corporation or is a member (but not a member of the Community Committee) of the association or is a partner of the partnership.

j)             an interest of a person arising from the making by Council of a contract or agreement with a relative of the person for or in relation to any of the following, but only if the proposed contract or agreement is similar in terms and conditions to such contracts and agreements as have been made, or as are proposed to be made, by Council in respect of similar matters with other residents of the area:

 

i)             the performance by Council at the expense of the relative of any work or service in connection with roads or sanitation.

ii)            security for damage to footpaths or roads.

iii)           any other service to be rendered, or Act to be done, by Council by or under any Act conferring functions on Council or by or under any contract.

 

k)            an interest relating to the payment of fees to Councillors (including the Mayor and Deputy Mayor).

l)             an interest relating to the payment of expenses and the provision of facilities to Councillors (including the Mayor and Deputy Mayor) in accordance with a policy under Section 252 of the Act.

m)          an interest relating to an election to the office of Mayor arising from the fact that a fee for the following 12 months has been determined for the Office of Mayor.

n)           an interest of a person arising from the passing for payment of a regular account for wages or salary of an employee who is a relative of the person.

o)           an interest arising from being covered by, or a proposal to be covered by, indemnity insurance as a Councillor or member of a Council Community Committee.

p)           an interest arising from appointment of a Councillor to a body as representative or delegate of Council, whether or not a fee or other recompense is payable to the representative of delegate. 

 

7.4       Disclosure and participation in Meetings – Councillors or members of Policy or Community Committees

 

7.4.1         A Councillor, or a member of a Council Community Committee, who has a pecuniary interest in any matter with which Council is concerned and who is present at a meeting of the Council or Committee at which the matter is being considered must disclose the nature of the interest to the meeting as soon as practicable. (Act - S 451(1))

 

7.4.2         A general notice given to the General Manager in writing by a Councillor or a member of a Council Community Committee to the effect that the Councillor or member, or the Councillor’s or member’s spouse, de facto partner or relative, is:

 

a)            member, or in the employment, of a specified company or other body.

b)           a partner, or in the employment, of a specified person.

 

unless and until the notice is withdrawn, sufficient disclosure of the Councillor’s or member’s interest in a matter relating to the specified company, body or person that may be the subject of consideration by the Council or Council Committee after the date of the notice. (Act – S 454)

 

             7.4.3         The Councillor or member must not be present at, or in sight of, the meeting of the Council or Community Committee:

 

a)               at any time during which the matter is being considered or discussed by Council or Community Committee.

b)               at any time during which Council or Committee is voting on any question in relation to the matter. (Act - S 451 (2))

 

7.4.4         Councillors or members banned from taking part in a discussion because of a Pecuniary Interest cannot escape this by addressing the meeting as a resident or ratepayer.

 

7.4.5         A Councillor or member of a Council Community Committee does not breach this Clause if the Councillor or member of a Council Community Committee did not know and could not reasonably be expected to have known that the matter under consideration at the meeting was a matter in which he or she had a pecuniary interest. (Act - S 457)


7.5       Non-Pecuniary Conflicts of Interest

 

7.5.1         A non-pecuniary conflict of interest is any private or personal interest, which does not amount to a pecuniary interest. Examples are friendship, membership of an association or involvement or interest in an activity.

 

7.5.2         Dealing with non-pecuniary interests.

 

                   If a Councillor has declared a non-pecuniary conflict of interests he/she has a broad range of options for managing the conflict. The option he/she chooses will depend on an assessment of the circumstances of the matter, the nature of his/her interest and the significance of the issue being dealt with. He/she must deal with a non-pecuniary conflict of interests in at least one of these ways:

 

                   a)            It may be appropriate that no action is taken where the potential for conflict is minimal. However, Councillors should consider providing an explanation of why they consider a conflict does not exist.

b)           Limit involvement if practical (for example, participate in discussion but not in decision making or vice versa). Care needs to be taken when exercising this option.

c)            Remove the source of the conflict (for example, relinquishing or divesting the personal interest that creates the conflict).

d)           Have no involvement by absenting himself/herself from and not taking part in any debate or voting on the issue as if the provisions in Section 451(2) of the Act apply (particularly is he/she has a significant non-pecuniary conflict of interest.)

e)           A Councillor who has a non-pecuniary interest in a matter before Council of the type that could reasonably be perceived to influence the Councillors actions shall disclose the interest and the nature of the interest to the meeting as soon as practicable.

 

7.5.3         If it is the intention of the Councillor to participate in the consideration of the matter and/or vote on the matter, that intention is to be made known at the time the declaration is made.

 

7.5.4         If the relationship is sufficiently strong, the Councillor may consider vacating the Chamber whilst the matter is under consideration.

 

7.6       Disclosures by Advisors

 

             7.6.1         A person giving advice to Council at a Council or Committee meeting must disclose the nature of any pecuniary interest the person has in the matter to the meeting at the time the advice is given.

 

7.7       Disclosures to be recorded

 

             7.7.1         A disclosure made at a meeting of the Council or Policy or Community Committee must be recorded in the minutes of the meeting. (Act - S 453)


PART 8 - MISCELLANEOUS

 

8.1       Office of Councillor and Mayor

 

8.1.1         All Councillors start holding office on the day the person is declared to be elected (Act S.233(2)). All Councillors, other than the Mayor, stop holding office of the day of the Ordinary election (s.233(2)).

 

8.1.2         The Mayor holds office until his or her successor is declared elected (s.230(3)).

 

8.2       Information relating to Proceedings at Closed Meetings not to be Disclosed

 

8.2.1         If a meeting or part of a meeting of the Council is closed to the public in accordance with Part 5 a person must not, without the authority of Council disclose, otherwise than to Council or to a Councillor, information with respect to the discussion at, or the business of, the meeting. (Act - S 664 (1A))

 

8.2.2         Sub-clause 8.2.1 does not apply to the recommendation of a Policy Committee after it has been presented to the Council (Act - S 664 (1B)(a))

 

8.2.3         The requirements for use and security of confidential information (provided to Councillors and members of Council Community Committees) are, in accordance with the adopted Code of Conduct:

 

                   8.2.3a          Councillors and Committee members must maintain the integrity and security of confidential documents or information in their possession, or for which they are responsible

                   8.2.3b          In addition to Councillors and Committee members’ general obligations relating to the use of Council information, Councillors and Committee members must:

                                         a       protect confidential information

                                         b       only release confidential information if they have authority to do so

                                         c       only use confidential information for the purpose it is intended to be used

                                         d       not use confidential information gained through their official position for the purpose of securing a private benefit for themselves or any other person

                                         e       not use confidential information with the intention to cause harm or detriment to the Council or any other person or body

                                         f        not disclose any information discussed during a confidential session of a Council Meeting.

 

8.2.4         Where the conduct is also a breach of the Act, fines may apply (Act – S664)


 

8.2a    Misuse of confidential information and influence

8.2A.1      Councillors and Committee members must not disclose any information obtained from any Council or Policy Committee Meeting, Councillor briefing or information session marked as confidential, in connection with the administration or execution of the Act unless that disclosure is made:

(a)   with the consent of the person from whom the information was obtained, or

(b)   in connection with the administration or execution of the Act, or

(c)    for the purposes of any legal proceedings arising out of the Act or of any report of

         any such proceedings, or

(d)   in accordance with a requirement imposed under the Ombudsman Act 1974 or

         the Government Information (Public Access) Act 2009, or

(e)   with other lawful excuse (Act S664(1a)

 

8.2A.2  Councillors and Committee members must not use, either directly or indirectly, information acquired in that capacity, being information that is not generally known or is marked confidential, for the purpose of gaining either directly or indirectly a financial advantage for themselves, their spouse or de facto partner or a relative (Act S664(2))

 

8.2A.3   Councillors and Committee members where in a position to do so, must not, for the purpose of gaining either directly or indirectly an advantage for themselves, their spouse or de facto partner or a relative, influence:

(a)  the determination of an application for an approval, or

(b)  the giving of an order (Act S664(3))

 

                8.2A.4   Where the conduct is also a breach of the Act, fines may apply (Act S 664)

 

 

8.3       Inspection of the Minutes of Council

 

8.3.1         An inspection of the minutes of Council or Policy or Community Committee is to be carried out under the supervision of the General Manager or an employee of Council designated by the General Manager to supervise inspections of those minutes. (Reg - Cl 272 (1)) A copy of the minutes of the Ordinary meetings of Council shall be made available for display in the Orange City Library.

 

8.3.2         A copy of the minutes of the Ordinary meetings of Council shall be made available on Council’s website.

 

8.3.3         The General Manager must ensure that the minutes of Council and any minutes of a Committee are kept secure and in safe custody and that no unauthorised person is allowed to interfere with them. (Reg - Cl 272(2))

 

8.4       Tape recording of Council or Policy or Community Committee Meetings prohibited without permission

 

8.4.1         A person may use a tape recorder to record the proceedings of a meeting of Council or a Policy or Community Committee only with the authority of Council or the Committee. (Reg - Cl 273 (1))

 

8.4.2         A person may be expelled from a Council meeting by the Mayor or from a Council Policy or Community Committee meeting by the Chairperson of a Council Policy or Community Committee, for having used a tape recorder in contravention of this Clause. (Reg - Cl 273 (2))

 

8.4.3         Television cameras or audiotapes are permitted to be operated by recognised media, upon resolution of Council.

 

8.4.4         If any such person, after being notified of a direction expelling him or her from the meeting, fails to leave the place where the meeting is being held, a police officer, or any person authorised for the purpose by the person presiding, may, by using only such force as is necessary, remove the first - mentioned person from that place and, if necessary, restrain that person from re-entering that place. (Reg - Cl 273 (3))

 

8.4.5         In this Clause, tape recorder includes a video camera and any electronic device capable of recording speech, whether a magnetic tape is used to record or not. (Reg - Cl 273(4))

 

8.5       Council presentations

 

8.5.1         The General Manager may determine whether a presentation will be made to a Council or Policy or Community Committee meeting by a Council officer, a consultant commissioned by Council, or any other presenter so invited by Council to address the Policy or Community Committee.

 

8.6       Smoking on Council’s premises

 

8.6.1         Smoking will not be permitted at any Council meeting or any Policy or Community Committee meeting held on Council premises or attended by Council staff. This is in accordance with Council’s Smoke Free Workplace policy, and will remain in force despite any change which may occur in that policy in the future.

 

8.7       Attendance of General Manager at Meetings

 

8.7.1         The General Manager is entitled to attend, but not to vote at, a meeting of Council or a meeting of a Policy Committee of which all the members are Councillors.

 

8.7.2         The General Manager is entitled to attend a meeting of any other Community Committee of Council and may, if a member of the Committee, exercise a vote.

 

8.7.3         The General Manager may be excluded from a meeting of Council while the Council deals with a matter relating to the standard performance of the General Manager or the terms of the employment of the General Manager (Act - S 376)

 

8.7.4         The General Manager (or nominee) will attend each Council and Policy and Community Committee meeting.

 

8.8       Common Seal

 

8.8.1         The Council Seal must be kept by the Mayor or the General Manager, as the Council determines (Reg – Cl 400(1)).


 

8.8.2         The Council Seal may be affixed to a document only in the presence of:

 

a)            the Mayor and General Manager, or

b)           at least one Councillor (other than the Mayor) and the General Manager, or

c)            the Mayor and at least one other Councillor, or

d)           At least two Councillors other than the Mayor. (Reg – Cl 400(2))

 

8.8.3         The affixing of the Council Seal to a document has no effect unless the persons who

                   were present when the Seal was affixed (being persons referred to in sub-clause 8.8.2)

                   attest by their signatures that the Seal was affixed in their presence. (Reg – Cl 400 (3))

 

8.8.4         The Seal of Council must not be affixed to a document unless the document relates to the business of Council, and Council has resolved (by resolution specifically referring to the document) that the Seal be so affixed. (Reg - Cl 400(4))

 

8.8.5         For the purposes of sub-clause 8.8.4, a document in the nature of a reference or certificate of services for an employee of Council does not relate to the business of Council. (Reg - Cl 400(5))

 

8.9       Mobile phones and digital audio players and portable multimedia players

 

8.9.1         Councillors, staff and members of the public are not permitted to use a mobile phone, digital audio player and portable multimedia players during the course of a Council meeting.

 

8.10    Amendment of Code

 

8.10.1       The Code may be amended only in accordance with the provisions of Division 1, Part 2, of the Act, which requires the preparation, public notice and public exhibition of the draft code prior to adoption by Council.


APPENDIX ONE

Orange City council

councillor leave of absence

 

 

cOUNCILLOR NAME__________________________________________________________

 

Wish to apply for leave of absence for the Council meeting(s) scheduled for

 

__________________________________________     Date of Meeting

 

__________________________________________     Date of Meeting

 

__________________________________________     Date of Meeting

 

__________________________________________     Date of Meeting

 

As well as any committee meetings that may be held over the period of

 

__________________________________     to______________________________________

                                             DATE                                                                                           DATE

 

 

Signed Cr ____________________________________________________________________

 

Dated ______________________________________________________________________

 

Received by staff member _______________________________________________________

 

Signed ________________________________________         Date _______________________

 


OrangeCityCouncilLogoSmallSPEAKER REGISTRATION - ORANGE CITY COUNCIL

OPEN FORUM

 

As a member of the public, you are invited to address Council on a matter listed for consideration by Council in the meeting, as part of the Open Forum.

 

The maximum speaking time is five minutes per speaker. The Open Forum will run for 30 minutes.

 

Oral presentations can be made, however no electronic presentations are permitted.

 

Please complete the section below, and provide to a Council Staff Member, at least five minutes before the start of the Forum.

 

Please be advised that speakers need to be aware that they have no protection from action in response to any comments they may make.

Name ...........................................................................................................................................           

Address .......................................................................................................................................  

......................................................................................................................................................

Phone ..........................................................................................................................................

Organisation ...............................................................................................................................

......................................................................................................................................................

Date of Meeting ..........................................................................................................................

Topic for discussion.....................................................................................................................

......................................................................................................................................................

Relates to Item in Meeting Agenda...........................................................................................

......................................................................................................................................................

I HAVE READ AND UNDERSTAND THE CONDITIONS OF THE CONDUCT AND UNACCEPTABLE BEHAVIOUR AT THE OPEN FORUM AS SET OUT OVERLEAF.

 

Signature ..........................................................................   Date ...............................................

 

THE INFORMATION SUPPLIED BY YOU IS PRIVATE INFORMATION FOR THE PURPOSES OF THE PRIVACY AND PERSONAL INFORMATION PROTECTION ACT. YOUR INFORMATION IS BEING COLLECTED BY COUNCIL AND MAY BE USED IN THE FUTURE TO PROVIDE FEEDBACK ON ANY ISSUE RAISED. THE INFORMATION WILL NOT BE USED FOR ANY OTHER PURPOSE, AND YOU CAN ELECT NOT TO PROVIDE PARTICULAR DETAILS, HOWEVER YOUR NAME AND THE TOPIC FOR DISCUSSION MUST BE SUPPLIED.


2

 

SPEAKER REGISTRATION – ORANGE CITY COUNCIL – OPEN FORUM

 

Conduct

Essentially the principles of Council’s Code of Conduct should be expected of each speaker who addresses the Council, Committee or Forum.

 

Those principles incorporate integrity, objectivity, accountability, openness, honesty and respect.

 

The Open Forum does not provide private parliamentary privilege to either speakers, Councillors or staff.

 

Speakers are expected

·        To behave in a manner that does not cause any reasonable person unwarranted offence or embarrassment.

·        To act lawfully, honestly and to exercise a degree of care and diligence in the comments made.

·        To observe the highest standards of honesty and integrity and to avoid conduct (verbal/actions) that might suggest any departure from the key principles of conduct.

·        To be frank, honest and open when presenting to Council.

·        To avoid any behaviour that could be deemed to be an act of disorder or misbehaviour such as insults or personal reflections on or imputes improper motives when discussing others.

·        To not behave in a manner that might be considered to be threatening to or harassment of Councillors or Council staff.

 

Unacceptable behaviour at the Open Forum

Persons who conduct themselves in a manner considered by any reasonable person, to be disorderly, will be expelled from the forum in a similar manner as that provided under the Meetings Regulations for Council and Committee meetings (Section 258) Local Government (General) Regulation 2005.

 

Should the behaviour of a speaker and/or audience be such that the Mayor/Chairperson of the forum deems if necessary to discontinue a particular section of the forum, then the following will apply:

 

·        the speaker and/or persons will be asked to discontinue the offensive behaviour;

·        the speaker and/or persons may be asked to leave the building where the meeting is being held;

·        a Police Officer or any person authorised for the purpose by Council, or the person presiding may, by using only such force as is necessary, remove the person/persons from the building and if necessary restrain that person from re-entering the building;

·        the person may be advised to correspond in future with Council via mail or email and/or Council’s appointed legal representative.

 


Council Meeting                                                                                         15 August 2017

5.6                       Strategic Policy Review

Attachment 6      Strategic Policy - ST001 - Asbestos Management

STRATEGIC POLICY 


ASBESTOS MANAGEMENT

ST001                                                                                                                                                                                      F22

 

Objective

The Asbestos Management Policy will identify how Council will manage asbestos and provide information to the community.

Applicability

Workers at all Council workplaces and users/visitors to Council buildings.

General

Council is required to adopt an Asbestos Management Policy in accordance with Guidelines issued by the Office of Local Government.

 

Asbestos fibres when airborne have the potential to cause serious health impacts, including asbestosis, lung cancer and mesothelioma. Asbestos in the Orange Local Government Area may occur in one of the following forms:

 

·    Naturally Occurring Asbestos

Some rocks and associated soils in the Orange Local Government Area naturally contain an asbestos mineral called Chrysotile. These rocks and soils are commonly associated with a series of elongated “serpentinite belts” in the eastern section of the Local Government Area.

 

·    Asbestos products in buildings and other infrastructure

Asbestos was commonly used in the manufacture of building products until the mid-1980s, after which it was gradually phased out. Many buildings constructed prior to a total ban on the use of asbestos in 2003 are likely to have asbestos containing materials.

 

·    Asbestos contamination resulting from disturbance of either of the above

Contamination may be the result of illegal dumping of asbestos containing materials, from incidents such as building fires or prior uncontrolled placement of asbestos containing materials.

 

Various legislation and regulations impose responsibility and obligations for managing asbestos on organisations and individuals. The Asbestos Management Plan provides guidance in relation to measures that will assist compliance with those requirements.


 

 

Related Policies/Documents

Asbestos Management Plan

Model Asbestos Policy for NSW Councils (Office of Local Government)

Work Health and Safety Act 2011

Work Health and Safety Regulation 2011

Contaminated Land Management Act 1997

Local Government Act 1993

 

Responsible Area – Development Services

 

REVISION

 

DATE

RESOLUTION

 

DATE

RESOLUTION

1

3 March 2015

15/084

6

 

 

2

June 2017

 

7

 

 

3

 

 

8

 

 

4

 

 

9

 

 

5

 

 

 

 

 

All policies can be reviewed or revoked by resolution of Council, at any time.

 

SUMMARY OF AMENDMENTS

Amendment Date

Section/Reference and Amendment

June 2017

Updating of document. Comprehensive review of Asbestos Management Plan following internal audit of implementation of the Plan.

                                                                                                                                                


Council Meeting                                                                                              15 August 2017

5.6                       Strategic Policy Review

Attachment 7      Asbestos Management Plan

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Council Meeting                                                                                          15 August 2017

 

 

5.7     Request for Financial Assistance

TRIM REFERENCE:        2017/1785

AUTHOR:                       Linda McFadden, Divisional Administrative Officer - Corporate and Commercial Services    

 

 

EXECUTIVE Summary

Council is in receipt of requests for financial assistance under section 356 of the Local Government Act 1993. The report provides details of applications received.

Link To Delivery/OPerational Plan

The recommendation in this report relates to the Delivery/Operational Plan strategy “3.3 Our City – Recognise that members of the community will take different leadership pathways, the Council will support this growth and development through appropriate activities, initiatives and assistance”.

Financial Implications

The overall donations/sponsorship budget for 2017/18 is as follows:

 

Program

Adopted Budget

Actual/ committed

Remaining balance

General Donations

$61,500.00

* $58,422.90

$3,077.10

Major Promotions

$51,072.00

$48,000.00

$3,072.00

Orange Harness Racing

$20,000.00

$20,000.00

$0.00

Racing Orange

$100,000.00

$100,000.00

$0.00

Waratah’s Sporting Club contribution

$94,188.00

$94,188.00

$0.00

Sports participants grants

$13,900.00

$800.00

$13,100.00

Sports capital improvements grants

$50,000.00

$50,000.00

$0.00

TOTAL

$390,660.00

$370,610.90

$19,249.10

* The allocation of 20 x $100 reserved for school prize giving is accounted for in the actual/committed column of the table.

Process for the application of the remaining budget allocation

A Council resolution is required to allocate funds to any external entity, including as a donation.

Applications are considered against the criteria outlined in the Donations Policy. There is an application form that should be submitted to commence the process of making a donation to another entity. The form contains details that inform Council that the donation aligns with the intentions the Council has established in the Community Strategic Plan.

Policy and Governance Implications

Nil

 

Recommendation

That Council approve increasing the donation to Rachael Brooking (Huntingtons NSW) from $163.90 to $223.25 if the event is held at the Showground with the additional funds to be allocated from the General Donations Budget.

 

further considerations

Consideration has been given to the recommendation’s impact on Council’s service delivery; image and reputation; political; environmental; health and safety; employees; stakeholders and project management; and no further implications or risks have been identified.

SUPPORTING INFORMATION

At the meeting of 4 July 2017, Council resolved to provide a donation to Rachael Brooking for the RedHead Hunt 4HD event as follows:

 

2.2     Request for Financial Assistance

TRIM Reference:        2017/1311

RESOLVED - 17/303                                                                           Cr J Whitton/Cr S Munro

1        That Council approve the donation request of $283.50 to Susan Kuter to be funded from the General Donations Budget.       

2        That Council approve the request of up to $163.90 to Rachael Brooking to be funded from the General Donations Budget

 

 

At the Finance Policy Committee on 1 August 2017, Cr Duffy asked for the matter to be considered again.

In preparing this report, the applicant was approached to see if she wished to change her application.  She has indicated she wanted to retain the application as per the attached but has asked if Council would consider waiving fees if the event needed to be run at the Showground if weather conditions were unsuitable for it to be out of doors.   If she moved the event to the Showground, the allocation would need to increase from $163.90 to $223.25 to pay for half of the venue hire as per the policy position.

The applicant is seeking:

$5,000.00

Event/Major Promotion Sponsorship and

and

$327.80 or

$159.50 or

$446.50

Full cost of fees for using Wade Park; or

Full cost of fees for using North Court; or

Full cost of fees for using Naylor Pavilion (Showground)

Council’s policy allows applicants to request donations from one category only.

The previous Council resolution approved the waiving of half the Wade Park fees as per the policy.  The policy identifies fees can be waived up to $500.

There are insufficient funds remaining in the donations budget to allocate the requested $5,000 and as the applicant has already received one allocation when Council determined the first application on 4 July, it would be contrary to policy to recommend this be funded.

The event is to raise money for Huntingtons NSW which is a not-for-profit organisation. The organisation provides support for families impacted by Huntington’s disease in NSW and ACT. The Redhead Hunt 4HD event is to be held in September as September is the national Huntington’s Awareness month. It is a funding-raising event and all proceeds collected are behalf of Huntington NSW, who currently run their Rural Outreach Westmead Hospital in Sydney.

The recommendation is to increase the previously approved donation of $163.90 to $223.25 should the event need to be held at the Showground.

 

Attachments

1          Application Form - Rachael Brooking (Huntingtons NSW), IC17/12222

 


Council Meeting                                                                                          15 August 2017

 

 

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