Agenda of Council Meeting

ORANGE CITY COUNCIL

MINUTES OF THE

Ordinary Council Meeting

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

ON 20 February 2018

COMMENCING AT 7.00pm

1 Introduction

Attendance

Cr R Kidd (Mayor), Cr J McRae (Deputy Mayor), Cr K Duffy, Cr J Hamling, Cr T Mileto, Cr S Munro, Cr S Nugent, Cr M Previtera, Cr S Romano, Cr G Taylor (7.15pm), Cr R Turner, Cr J Whitton

General Manager, Acting Director Corporate and Commercial Services, Director Development Services, Director Community, Recreation and Cultural Services, Director Technical Services, Manager Financial Services, Governance Coordinator, Manager Administration and Governance

1.1 APOLOGIES

Nil

1.2 LIVESTREAMING AND RECORDING

The Mayor advised that the meeting was being livestreamed and recorded.

1.3 OPENING PRAYER

GAVIN BRETT OF THE CHRISTIAN MINISTRY CENTRE LED THE COUNCIL IN PRAYER

1.4 ACKNOWLEDGEMENT OF COUNTRY

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

Cr McRae advised that if the Moulder Park Netball Courts was discussed as part of item 5.2, she would declare a pecuniary interest as the owner of adjoining property.

2 Mayoral Minutes

Nil

3 Confirmation of Minutes of Previous Meeting

RESOLVED - 18/044 Cr S Nugent/Cr S Munro

That the Minutes of the Ordinary Meeting of Orange City Council held on 6 February 2018 (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 6 February 2018.

4 Notices of Motion/Notices of Rescission

4.1 Swim Safety

TRIM Reference: 2018/159

RESOLVED - 18/045 Cr J Hamling/Cr K Duffy

1 That Council seek a meeting with the Minister for Education the Hon Rob Stokes to discuss opportunities to improve swim safety in NSW schools.

2 That Council offer to host a pilot program focussed on swim safety for school aged and pre-school aged children including all three tiers of government and private enterprise to fund the program.

5 General Reports

5.1 Recommendations and Resolutions from Policy Committees

TRIM Reference: 2018/125

RESOLVED - 18/046 Cr S Munro/Cr K Duffy

1 That the resolutions made by the Planning and Development Committee at its meeting held on 6 February 2018 be noted.

2 That the resolutions made by the Infrastructure Policy Committee at its meeting held on 6 February 2018 be noted.

3 That the resolutions made by the Sport and Recreation Policy Committee at its meeting held on 6 February 2018 be noted.

4 That the resolutions made by the Finance Policy Committee at its meeting held on 6 February 2018 be noted.

5 That the resolutions made by the Services Policy Committee at its meeting held on 6 February 2018 be noted.

QUESTION TAKEN ON NOTICE

Cr Whitton asked if a response could be provided to residents who report an issue via Council’s website, advising of completion of the works. The General Manager to investigate.

5.2 Outstanding Questions Taken on Notice

TRIM Reference: 2018/129

RESOLVED - 18/047 Cr S Munro/Cr S Nugent

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

** Cr Taylor arrived at the meeting with the time being 7.15pm*

QUESTIONS TAKEN ON NOTICE

Cr Nugent requested a summary of any response provided directly to Councillors be included in the Questions Taken on Notice table.

Cr Nugent requested a progress table be provided on Councillor Notice of Motions adopted by Council.

5.3 Statement of Investments - January 2018

TRIM Reference: 2018/119

RESOLVED - 18/048 Cr S Nugent/Cr S Munro

1 That Council receives the Statement of Investments as at 31 January 2018.

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

QUESTION TAKEN ON NOTICE

Cr Nugent requested a report providing further information on the process for investing Council funds and the types of products Council funds are invested in.

5.4 Australian Local Government Women's Association (ALGWA) Conference 2018

TRIM Reference: 2018/9

RESOLVED - 18/049 Cr R Kidd/Cr K Duffy

That Councillor Joanne McRae attend the 2018 Australian Local Government Women’s Association Conference.

5.5 Establishment of a Joint OrganIsation of Councils

TRIM Reference: 2018/130

RESOLVED - 18/050 Cr G Taylor/Cr J Whitton

That Council defer consideration of the report on the establishment of a Joint Organisation of Councils to the next meeting of Council.

QUESTION TAKEN ON NOTICE

Cr Nugent requested the next report provide information on why Lithgow Council has chosen not to participate in the Joint Organisation, and also how the funding is likely to be allocated.

5.6 Councillor Workshops/Briefings

TRIM Reference: 2018/209

RESOLVED - 18/051 Cr S Romano/Cr S Munro

That the amended Code of Meeting Practice be placed on public exhibition.

5.7 Consultation - Model Code of Meeting Practice

TRIM Reference: 2018/210

RESOLVED - 18/052 Cr K Duffy/Cr S Nugent

That Council defer consideration of the report on Consultation – Model Code of Meeting Practice to the next meeting of Council, and Councillors advise the General Manager of any areas of concern to be included in Council’s submission on the Model Code of Meeting Practice.

5.8 Robertson Park Toilet

TRIM Reference: 2018/158

RESOLVED - 18/053 Cr G Taylor/Cr J Whitton

That pending the outcome of Council’s submission to the Stronger Communities Fund, Council:

a Endorse the design for the Robertson Park Toilet as a five cubicle design contained in this report.

b Endorse the location of the Robertson Park Toilet, being the mid-point of Robertson Park adjacent to the sewer line.

c The Mayor, Councillors Romano and Taylor, work with staff in the preparation of the development application taking into account security and heritage issues.

5.9 Quarterly Budget Review and Performance Indicators

TRIM Reference: 2018/116

RESOLVED - 18/054 Cr S Munro/Cr J Hamling

1 That the information provided in the report on the quarterly budget and performance review for October to December 2017 be acknowledged.

2 That Council note the bank reconciliation statement.

3 That the variations arising from the December 2017 quarterly review amounting to a decrease of $4,741,966 in the consolidated surplus be adopted.

MATTER ARISING

RESOLVED - 18/055 Cr R Kidd/Cr K Duffy

That the Mayor and General Manager make urgent representations to relevant Ministers to resolve confusion around funding of the Southern Feeder Road Stage 2 under the Restart NSW Fixing Country Roads Program.

Cr Nugent requested a Councillor Workshop to explain the figures and performance indicators in the Quarterly Review.

Cr Turner requested a report on the Orange City Council resources used to assist in the two recent bushfires near Orange.

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 - 18/056 Cr S Nugent/Cr S Munro

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 Tenders for Cargo Road stormwater drainage

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 8.24pm.

The Mayor declared the Ordinary Meeting of Council resumed at 8.32pm.

7 Resolutions from Closed Meeting

The General Manager read out the following resolutions made in the Closed Meeting of Council.

6.1 Tenders for Cargo Road stormwater drainage

TRIM Reference: 2018/153

RESOLVED - 18/057 Cr J Whitton/Cr S Nugent

1 That Council award the tender for the Cargo Road stormwater drainage to CPB Excavations Pty Ltd for the amount of $901,559.00 exclusive of GST.

2 That permission be granted for the use of the Council Seal on all relevant documents if required.

Division of Voting
Voted For	Cr R Kidd (Mayor), Cr J McRae (Deputy Mayor), Cr K Duffy, Cr J Hamling, Cr T Mileto, Cr S Munro, Cr S Nugent, Cr M Previtera, Cr S Romano, Cr G Taylor, Cr R Turner, Cr J Whitton
Voted Against	Nil
Absent	Nil

The Meeting Closed at 8.36PM

This is Page Number 7 and the Final Page of the Minutes of the Ordinary Meeting of Orange City Council held on 20 February 2018.

Council Meeting 6 March 2018

5.2 Consultation - Model Code of Meeting Practice

RECORD NUMBER: 2018/398

AUTHOR: Michelle Catlin, Manager Administration and Governance

EXECUTIVE Summary

The Office of Local Government has issued a draft Model Code of Meeting Practice for Local Councils in NSW for consultation. Submissions are invited by 16 March 2018.

Councillors are welcome to make individual submissions, and this report sets out the parameters for the submission that is proposed by the General Manager.

Council initially considered the proposed submission at its meeting of 20 February 2018, however Councillors requested the matter be deferred to allow Councillors to further consider the various elements of the submission. Feedback from Councillors has been incorporated into this report.

This report generally supports the proposed Model Code, with the most significant elements discussed.

The Model Code for consultation is attached. Provisions in black font reflect the existing mandatory meetings provisions of the Local Government and Regulations. Non-mandatory provisions are indicated in red font, and cover areas of meetings that are generally common across councils but there may be a need for some variation. The non-mandatory provisions are considered best practice by the Office of Local Government.

The consultation paper seeks feedback on whether any of the proposed non-mandatory provisions should be mandated. These provisions are included in the table below.

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

The Model Code incorporates the current provisions of the Local Government Act 1993 and the Local Government (General) Regulation 2005.

Recommendation

That Council make a submission to the Office of Local Government on the Model Code of Meeting Practice, as set out in this report

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 Office of Local Government is consulting with councils and other agencies in relation to a proposed Model Code of Meeting Practice for Local Councils in NSW. While the Office has previously issued guidelines and meeting procedures are covered in the Local Government Act 1993 and associated Regulations, this is the first Model Code of Meeting Practice and once a Model Code is mandated by the NSW Government, councils must comply with this document.

Set out below are the non-mandatory provisions of the new Model Code, as well as a comment that will inform Council’s submission to the Office of Local Government.

Text that is underlined represents the additional feedback from Councillors.

Reference

Provision

Council comment

3.11

Council to specify the notice period required when Councillors give notice of business to go to Council

Supported, noting that items may be submitted as a late item if ruled by the General Manager to be urgent and emergent prior to the meeting; or at the meeting if accepted by the Chairperson.

Council’s current Code of Meeting Practice (COMP) specifies Notices of Motion must be submitted 10 days before the meeting

3.13

A Councillor may submit no more than (number to be specified by the Council) notices of motion to be considered at each ordinary meeting of Council

Supported

While Council has not had issues in relation to excessive numbers of Notices of motion submitted by the same Councillor, other councils have had this experience. Placing a reasonable limit on the number to be submitted per meeting would manage this issue if needed in future.

Reference

Provision

Council comment

3.14

If the general manager considers that a notice of motion submitted by a councillor for consideration at an ordinary meeting of the council has legal, strategic, financial or policy implications which should be taken into consideration by the meeting, the general manager may either:

(a) prepare a report in relation to the notice of motion for inclusion with the business papers for the meeting at which the notice of motion is to be considered by the council, or

(b) by written notice sent to all councillors with the business papers for the meeting for which the notice of motion has been submitted, defer consideration of the matter by the council to such a date specified in the notice, pending the preparation of such a report.

Supported

Council’s COMP provides for the General Manager to provide appropriate comments from a staff perspective however these comments are not to refer to the merit of any notice of motion.

The proposed provisions (a) and (b) provide the same opportunity for staff comment albeit in a different format.

In relation to 3.14(b), include a provision that the deferral of consideration by a matter be limited to one month after submission of the Notice of Motion.

3.15

A notice of motion for the expenditure of funds on works/services other than already provided for in the council’s current adopted operational plan must identify the source of funding for the expenditure that is the subject of the notice of motion. If the notice of motion does not identify a funding source, the general manager must either:

(a) prepare a report on the availability of funds for implementing the motion if adopted, or

Supported

Council’s current practice is to provide financial implications, if any, as part of the staff comment.

The proposed provisions would provide additional structure and ensure Councillors have the broader financial implications available in considering any notice of motion.

Reference	Provision	Council comment
3.34	Prior to each ordinary meeting of the council, the general manager will arrange a pre-meeting briefing session to brief councillors on the items of business to be considered at the meeting. Pre-meeting briefing sessions may also be held for extraordinary meetings of the council and meetings of committees of the council.	Supported with the amendment that “the general manager may arrange a pre-meeting briefing session to brief Councillors….” This will allow for open and frank discussion and minor questions or issues resolved prior to the meeting.
3.35	Pre-meeting briefing sessions are to be held in the absence of the public.	Supported This will allow for open and frank discussion and minor questions or issues resolved prior to the meeting. This does not preclude council from undertaking open workshops as resolved.
3.36	The general manager or a member of staff nominated by the general manager is to preside at pre-meeting briefing sessions.	Supported Given this pre-meeting briefing is not a decision-making forum it is considered appropriate to be chaired by the General Manager or staff nominee
3..37	Councillors (including the mayor) are to make all reasonable efforts to attend pre-meeting briefing sessions.	Supported Recognising that Councillors may not always be available to attend.
3.38	Councillors must not use pre-meeting briefing sessions to debate or make preliminary decisions on items of business they are being briefed on, and any debate and decision-making must be left to the formal council or committee meeting at which the item of business is to be considered.	Supported As an information sharing briefing session, the focus would be on clarifying information provided in reports and responding to questions, rather than debate.
3.39	Councillors (including the mayor) must disclose and manage any conflicts of interest they may have in relation to any item of business that is the subject of a briefing at a pre-meeting briefing session, in the same way that they are required to do at a council or committee meeting.	Supported The proposed provision ensures consistency in the management of conflicts of interest

Reference	Provision	Council comment
4.1	The council will hold a public forum prior to each ordinary meeting of the council for the purpose of hearing oral submissions from members of the public on items of business to be considered at the meeting. Public forums may also be held prior to extraordinary council meetings and meetings of committees of the council.	Supported Council’s COMP includes this provision
4.2	Public forums are to be chaired by the mayor or their nominee.	Supported Council’s COMP includes this provision
4.3	To speak at a public forum, a person must first make an application to the council in the approved form. Applications to speak at the public forum must be received by [date and time to be specified by the council] before the date on which the public forum is to be held, and must identify the item of business on the agenda of the council meeting the person wishes to speak on, and whether they wish to speak ‘for’ or ‘against’ the item.	Supported Council’s COMP includes similar provisions, with exception to the requirement for speakers to notify a “for” or “against” position.
4.4	A person may apply to speak on no more than [number to be specified by the council] items of business on the agenda of the council meeting.	Supported While this has not been an issue for Orange in the past, limiting the number of topics per speaker would allow for other speakers to have an opportunity to speak.
4.5	Nominated candidates at federal, state or local government elections and serving councillors are not permitted to speak at a public forum.	Supported This is supported on the basis that this restriction only apply to candidates during the “regulated period” for Local, State and Federal Government Elections (40 days prior to the election). The restriction on current serving Councillors speaking at a public forum is supported, as Councillors have the opportunity to present their views during a Council Meeting.

Reference	Provision	Council comment
4.6	Legal representatives acting on behalf of others are not to be permitted to speak at a public forum unless they identify their status as a legal representative when applying to speak at the public forum.	Supported
4.7	The general manager or their delegate may refuse an application to speak at a public forum.	Supported For applications that do not comply with the requirements for speakers, it is reasonable that those applications be declined by the General Manager prior to the meeting.
4.8	No more than [number to be specified by the council] speakers are to be permitted to speak ‘for’ or ‘against’ each item of business on the agenda for the council meeting.	Supported. Provisions 4.8 and 4.9 are reflective of Council’s current practice with the exception of limiting the number of speakers “for” and “against” a matter. Council does encourage groups of speakers who appear to be raising the same issues to nominate a spokesperson. Often these situations arise in relation to opposition to a development application, and individuals tend to decline the opportunity to appoint a spokesperson, instead wishing to all address Council. There may be a view that this approach adds weight in numbers, however it has at times meant very extended periods for the open forum, with similar or the same issues or concerns discussed. The appointed speaker could make Council aware of the number of people they are representing as part of their address. Suggest consideration of a further option that, on agreement by the Council, the General Manager may temporarily set aside the maximum number of speakers for and against a particular issue where the nature of the matter warrants and where the time required for other items on the agenda permits.
4.9	If more than the permitted number of speakers applies to speak ‘for’ or ‘against’ any item of business, the general manager or their delegate may request the speakers to nominate from among themselves the persons who are to address the council on the item of business. If the speakers are not able to agree on whom to nominate to address the council, the general manager or their delegate is to determine who will address the council at the public forum.

Reference	Provision	Council comment
4.10	Approved speakers at the public forum are to register with the council any written, visual or audio material to be presented in support of their address to the council at the public forum, and to identify any equipment needs no more than [number to be specified by the council] days before the public forum. The general manager or their delegate may refuse to allow such material to be presented.	Supported Council currently does not allow for AV presentations in the Open Forum, due to the difficulty in showing presentations with the screen coming down in front of the Mayor. Other options could be explored if Council was of the view to allow for AV presentations rather than hand-outs.
4.11	The general manager or their delegate is to determine the order of speakers at the public forum.	Supported
4.12	Each speaker will be allowed [number to be specified by the council] minutes to address the council. This time is to be strictly enforced by the chairperson.	Supported Council’s COMP provides for a maximum of five minutes per speaker however Council regularly resolves an extension of time.
4.13	Speakers at public forums must not digress from the item on the agenda of the council meeting they have applied to address the council on. If a speaker digresses to irrelevant matters, the chairperson is to direct the speaker not to so digress. If a speaker fails to observe a direction from the chairperson, the speaker will not be further heard.	Supported This currently occurs.
4.14	A councillor (including the chairperson) may, through the chairperson, ask questions of a speaker following their address at a public forum. Questions put to a speaker must be direct, succinct and without argument.	Supported
4.15	Speakers are under no obligation to answer a question put under clause 4.14. Answers by the speaker, to each question are to be limited to [number to be specified by the council] minutes.	Supported A question and answer session may take an extended amount of additional time which could impact other speakers, so the further time limit is supported.

Reference	Provision	Council comment
4.16	Speakers at public forums cannot ask questions of the council, councillors or council staff.	Supported
4.17	The general manager or his or her nominee may, with the concurrence of the chairperson, address the council for up to [number to be specified by the council] minutes in response to an address to the council at a public forum after the address and any subsequent questions and answers have been finalised.	Supported Often matters are raised during the Open Forum that require clarification from the General Manager or other staff.
4.18	Where an address made at a public forum raises matters that require further consideration by council staff, the general manager may recommend that the council defer consideration of the matter pending the preparation of a further report on the matters.	Supported
4.19	When addressing the council, speakers at public forums must comply with this code and all other relevant council codes, policies and procedures. Speakers must refrain from engaging in disorderly conduct, publicly alleging breaches of the council’s code of conduct or making other potentially defamatory statements.	Supported Council’s COMP contains similar procedures.
4.20	If the chairperson considers that a speaker at a public forum has engaged in conduct of the type referred to in clause 4.19, the chairperson may request the person to refrain from the inappropriate behaviour and to withdraw and unreservedly apologise for any inappropriate comments. Where the speaker fails to comply with the chairperson’s request, the chairperson may immediately require the person to stop speaking.	Supported Council’s COMP contains similar procedures.

Reference	Provision	Council comment
4.21	Clause 4.20 does not limit the ability of the chairperson to deal with disorderly conduct by speakers at public forums in accordance with the provisions of Part 15 of this code.	Supported
4.22	Where a speaker engages in conduct of the type referred to in clause 4.19, the general manager or their delegate may refuse further applications from that person to speak at public forums for such a period as the general manager or their delegate considers appropriate.	Supported
4.23	Councillors (including the mayor) must disclose and manage any conflicts of interest they may have in relation to any item of business that is the subject of an address at a public forum, in the same way that they are required to do at a council or committee meeting.	Supported This new provision will support the consistent management of conflicts of interest.
5.13	Where, prior to the commencement of a meeting, it becomes apparent that a quorum may not be present at the meeting, or that the safety and welfare of councillors, council staff and members of the public may be put at risk by attending the meeting because of a natural disaster (such as, but not limited to flood or bushfire), the mayor may, in consultation with the general manager and, as far as is practicable, with each councillor, cancel the meeting. Where a meeting is cancelled, notice of the cancellation must be published on the council’s website and using such other means as will bring notice of the cancellation to the attention of as many people as possible.	Supported
5.14	Where a meeting is cancelled under clause 5.13, the business to be considered at the meeting may instead be considered at an extraordinary meeting called under clause 3.3.	Supported

Reference	Provision	Council comment
5.21	Audio recordings are to be made of all meetings of the council and committees of the council for the dominant purpose of assisting with the preparation of the minutes for meetings.	Supported Council’s COMP now contains similar provisions.
8.1	At a meeting of the council, the general order of business is as fixed by resolution of the council.	Supported Council’s COMP now contains similar provisions.
8.2	The general order of business for an ordinary meeting of the council shall be: [councils may adapt the following order of business to meet their needs] 01 Opening meeting 02 Acknowledgement of country 03 Prayer 04 Apologies and applications for leave of absence by councillors 05 Confirmation of minutes 06 Disclosures of interests 07 Mayoral minute(s) 08 Reports of committees 09 Reports to council 10 Notices of motions/questions with notice 11 Confidential matters 12 Conclusion of the meeting	Supported Council’s COMP now contains similar provisions.
10.9	A motion or an amendment to a motion which if passed would require the expenditure of funds on works and/or services other than those already provided for in the council’s current adopted operational plan must identify the source of funding for the expenditure that is the subject of the motion. If the motion does not identify a funding source, the council must defer consideration of the matter, pending a report from the general manager on the availability of funds for implementing the motion if adopted.	Supported

Reference	Provision	Council comment
11.10	All voting at council meetings must be recorded in the minutes of the meeting with the names of councillors who voted for or against a motion or amendment being recorded as if a division had been called under clause 11.6.	Supported This will be a new provision as currently a Division of Voting is recorded only on planning decisions, awarding of tenders, and when a Division is called in accordance with the COMP.
13.1	The council or a committee of council may, at any time, resolve to adopt multiple items of business on the agenda together by way of a single resolution.	Supported Where matters are for information only and do not require action by Council, this may improve meeting efficiency.
13.2	Before the council or committee resolves to adopt multiple items of business on the agenda together under clause 13.1, the chairperson is to list the items of business to be adopted and ask councillors to identify any of the individual items of business listed by the chairperson that they wish to speak on.	Supported
13.3	The council or committee must not resolve to adopt any item of business under clause 13.1 that a councillor has identified as being one they wish to speak on.	Supported
13.4	Where the consideration of multiple items of business together under clause 13.1 involves a variation to the order of business for the meeting, the council or committee must resolve to alter the order of business in accordance with clause 8.3.	Supported
13.5	A motion to adopt multiple items of business together under clause 13.1 must identify each of the items of business to be adopted and state that they are to be adopted as recommended in the business paper.	Supported
13.6	Items of business adopted under clause 13.1 are to be taken as having been unanimously adopted.	Supported

Reference	Provision	Council comment
13.7	Councillors must ensure that they disclose and manage any conflicts of interest they may have in relation to items of business considered together under clause 13.1 in accordance with the requirements of the council’s code of conduct.	Supported This is consistent with other provisions seeking to better manage conflicts of interest.
15.13	All chairpersons of meetings of the council and committees of the council are authorised under this code to expel any person, including any councillor, from a council or committee meeting, for the purposes of section 10(2)(b) of the Act.	Supported It is recommended that 15.13 be endorsed, given Council’s range of community committees. Requiring a Council resolution to expel a Councillor from a community committee meeting is not practical. Providing the Chairperson of any Community or Policy Committee and Council Meeting that delegation provides a consistent approach. If implemented, it would be recommended that training be provided to Committee Chairpersons in managing behaviour at meetings. The expulsion of any member should be a last resort.
15.14	All chairpersons of meetings of the council and committees of the council are authorised under this code to expel any person other than a councillor, from a council or committee meeting, for the purposes of section 10(2)(b) of the Act. Councillors may only be expelled by resolution of the council or the committee of the council. Note: Councils may use either clause 15.13 or clause 15.14.
15.15	Clause [15.13/5.14] [delete whichever is not applicable], does not limit the ability of the council or a committee of the council to resolve to expel a person, including a councillor, from a council or committee meeting, under section 10(2) (a) of the Act.	Supported
17.10	A notice of motion to alter or rescind a resolution relating to a development application must be submitted to the general manager no later than [council to specify the period of time] after the meeting at which the resolution was adopted.	Supported Council’s current COMP does not distinguish between rescission motions for development applications to other business.

Reference	Provision	Council comment
17.12	Subject to clause 17.7, in cases of urgency, a motion to alter or rescind a resolution of the council may be moved at the same meeting at which the resolution was adopted, where: (a) a notice of motion signed by three councillors is submitted to the chairperson, and (b) a motion to have the motion considered at the meeting is passed, and (c) the chairperson rules the business that is the subject of the motion is of great urgency.	Supported
17.13	A motion moved under clause 17.12(b) can be moved without notice. Despite clauses 10.19–10.27, only the mover of a motion referred to in clause 17.12(b) can speak to the motion before it is put.	Supported
17.14	A motion of dissent cannot be moved against a ruling by the chairperson under clause 17.12(c).	Supported
17.15	Despite the provisions of this Part, a councillor may, with the leave of the chairperson, move to recommit a resolution adopted at the same meeting to correct any error, ambiguity or imprecision in the council’s resolution.	Supported Some care would need to be taken to ensure the substance of any resolution was not amended. 17.17 covers this concern.
17.16	In seeking the leave of the chairperson under clause 17.15 to move to recommit a resolution adopted at the same meeting, the councillor is to propose alternative wording for the resolution.	Supported
17.17	The chairperson must not grant leave under clause 17.15, unless he or she is satisfied that the proposed alternative wording of the resolution would not alter the substance of the resolution previously adopted at the meeting.	Supported

Reference	Provision	Council comment
17.18	A motion moved under clause 17.15 can be moved without notice. Despite clauses 10.19–10.27, only the mover of a motion referred to in clause 17.15 can speak to the motion before it is put.	Supported
17.19	A motion of dissent cannot be moved against a ruling by the chairperson under clause 17.15.	Supported
17.20	A motion moved under clause 17.15 with the leave of the chairperson cannot be voted on unless or until it has been seconded.	Supported
18.1	Meetings of the council and committees of the council are to conclude no later than [council to specify the time].	Supported From both a Councillor and staff perspective, ensuring meetings are concluded at a reasonable time is recommended from a health and safety perspective.
18.2	If the business of the meeting is unfinished at [council to specify the time], the council or the committee may, by resolution, extend the time of the meeting.	Supported This is supported on the basis that in only exceptional circumstances should meetings be extended.
18.3	If the business of the meeting is unfinished at [council to specify the time], and the council does not resolve to extend the meeting, the chairperson must adjourn the meeting to a time, date and place fixed by the chairperson.	Supported
18.4	Clause 18.3 does not limit the ability of the council or a committee of the council to resolve to adjourn a meeting at any time. The resolution adjourning the meeting must fix the time, date and place that the meeting is to be adjourned to.	Supported

Reference

Provision

Council comment

18.5

Where a meeting is adjourned under clause 18.3 or 18.4, the general manager must:

(a) individually notify each councillor of the time, date and place at which the meeting will reconvene, and

(b) publish the time, date and place at which the meeting will reconvene:

(i) on the council’s website, and

(ii) by using such other means that will bring notice of the time, date and place at which the meeting will reconvene to the attention of as many people as possible.

Supported

20.23

All voting at meetings of committees of the council must be recorded in the minutes of the meetings with the names of councillors who voted for or against a motion or amendment being recorded as if a division had been called under clause 11.6.

Supported

Attachments

1 Draft Model Code of Meeting Practice - Consultation - Office of Local Government, D18/6175 ⇩