Late Items Agenda of Council Meeting

Council Meeting 21 August 2018

5.10 LGNSW Conference 2018 - Notices of Motions

RECORD NUMBER: 2018/2116

AUTHOR: Mark Burdack, Director Corporate and Commercial Services

EXECUTIVE Summary

This year’s Local Government NSW (LGNSW) annual conference will be held from Sunday 21 October to Tuesday 23 October 2018 at the Entertainment Centre, Albury. Expressions of Interest for Motions to be considered at this Conference where required to be submitted by Monday 20 August 2018. Orange City Council has been asked for no more than 5 motions for consideration.

The Council is also permitted up to three voting delegates at the conference and names must be submitted prior to Tuesday 2 October 2018.

Link To Delivery/OPerational Plan

The recommendation in this report relates to the Delivery/Operational Plan strategy “16.1 Collaborate - Work in partnership with other Councils, regional organisations and State and Federal Governments”.

Financial Implications

Nil

Policy and Governance Implications

Nil

Recommendation

That Council approve the attached Notices of Motions for submissions to the NSW Local Government Conference 2018.

The Council appoint:

1. X

2. X

3. X

As voting delegates to the NSW Local Government Conference.

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 Council meeting of 7 August 2018, Council resolved:

5.2 Local Government NSW Annual Conference 2018

TRIM Reference: 2018/1796

RESOLVED - 18/001 Cr K Duffy/Cr J Whitton

1 That Council determine Councillor attendees for the LGNSW Annual Conference.

2 That Council identify motions under the topic headings provided by LGNSW to propose for consideration at the 2018 Local Government Annual Conference.

3 That Councillors R Kidd, J Hamling, S Munro, J McRae, S Nugent and K Duffy expressed interest in attending the LGNSW Annual Conference and further decision is to be made on the three voting delegates.

The following Notices of Motions are submitted for the consideration of Council:

Councillor Kidd

1 That Local Government NSW request the NSW Government outline what actions it plans to take to reduce the price of electricity for regional businesses, manufacturers and communities.

Councillor Nugent

1 That Local Government NSW requests the NSW Government to investigate all available options to make it easier and less expensive for local Councils to take enforcement action and apply sanctions to landowners and developers responsible for intentional, serious and/or continued breaches of planning law.

2 That Local Government NSW places the highest priority over the next 12 months on working with the NSW and Australian Governments to progress development of sustainable, long-term solutions to the current recycling crisis which aim to:

· give certainty to local Councils

· limit the financial impact on ratepayers

· create economically and environmentally sustainable industries based on recycling our waste in Australia.

3 That Local Government NSW lobbies the Australian Government to develop an urgent and extensive response to the Australian Competition and Consumer Commission’s report on its Electricity Supply and Prices Inquiry, with the aim of addressing the major factors leading to high prices identified in the report - a broken market, insufficient competition, weak regulation, over-investment in poles and wires and price-gouging – as an essential step towards reducing electricity prices for local government, industry and individual consumers.

4 That Local Government NSW lobbies the NSW Government to adopt renewable energy targets that at least match those set by Victoria - 25 per cent by 2020 and 40 per cent by 2025 - as a key step in achieving the Government’s goal of net-zero emissions by 2050, and in order to demonstrate leadership to the community and provide local government, industry and individual consumers with the certainty and confidence to invest in renewable energy project

Councillor Duffy

5 That the NSW Government undertake a review of the private certifiers, including a survey of local councils, to determine whether private certifiers are acting consistent with their obligations and consistent with the planning policies of local councils.

Council Meeting 21 August 2018

5.11 Extraordinary Council Meeting - Election of Deputy Mayor

RECORD NUMBER: 2018/2127

AUTHOR: Samantha Freeman, Manager Corporate Governance

EXECUTIVE Summary

The Local Government Act 1993 provides that Council may elect a Councillor to be the Deputy Mayor (section 231). This report is prepared on the basis that Council wishes to elect a Deputy Mayor, and provides a process for this election to take place. This report notes the date of the Council Meeting to be held in September for the purpose of conducting the 2018 Deputy Mayor Election and associated business and sets out the procedure for that election.

Link To Delivery/OPerational Plan

The recommendation in this report relates to the Delivery/Operational Plan strategy “17.1 Collaborate - Provide representative, responsible and accountable community governance”.

Financial Implications

Nil

Policy and Governance Implications

Section 231 of the Local Government Act provides that the term of the Deputy Mayor can be for the mayoral term or a shorter term.

Recommendation

That at the Council Meeting be held on Tuesday 4 September 2018, commencing at 7.00pm the Council vote in relation to:

· Election of a Deputy Mayor for the 2018/2019 period;

· Policy Committees and election of Policy Committee Chairpersons; and

· Community Committee Framework.

further considerations

SUPPORTING INFORMATION

The procedure to be followed for the conduct of the Elections is to be in accordance with Schedule 7 of the Local Government (General) Regulation 2005 which states (in part):

1 The General Manager is the Returning Officer.

2 a) A Councillor may be nominated without notice for election as Deputy Mayor

b) The nomination is to be made in writing by two or more Councillors (one of whom may be the nominee). The nomination is not valid unless the nominee has indicated consent to the nomination in writing

c) The nomination is to be delivered or sent to the Returning Officer

d) The Returning Officer is to announce the names of the nominees at the Council Meeting at which the election is to be held.

Nominations can be lodged in a locked ballot box, which is located in the General Manager’s office and will be in the Council Chamber prior to the Meeting. A nomination form has been provided with this report.

At the start of the meeting, the Returning Officer will unlock the box and announce the nominated Councillors for the position of Deputy Mayor. Nominated Councillors will be given the opportunity to decline nomination for position of Deputy Mayor at this time.

The Election count and procedures for nominations, as set out in the Local Government (General) Regulation 2005 Schedule 7, are detailed below:

Election

3 (1) If only one Councillor is nominated, that Councillor is elected.

(2) If more than one Councillor is nominated, the Council is to resolve whether the election is to proceed by preferential ballot, by ordinary ballot or by open voting.

(3) The election is to be held at the Council Meeting at which the Council resolves on the method of voting.

(4) “ballot” has its normal meaning of secret ballot

“open voting” means voting by a show of hands or similar means.

Ordinary Ballot or Open Voting

Marking of Ballot Papers

5 (1) If the election proceeds by ordinary ballot, the Returning Officer is to decide the manner in which votes are to be marked on the ballot-papers.

(2) The formality of a ballot-paper under this Part must be determined in accordance with clause 345 (1) (b) and (c) and (6) of this Regulation as if it were a ballot-paper referred to in that clause.

(3) An informal ballot-paper must be rejected at the count.

Count - 2 Candidates

6 (1) If there are only 2 candidates, the candidate with the higher number of votes is elected.

(2) If there are only 2 candidates and they are tied, the one elected is to be chosen by lot.

Count - 3 or more candidates

7 (1) If there are 3 or more candidates, the one with the lowest number of votes is to be excluded.

(2) If 3 or more candidates remain, a further vote is taken of those candidates and the one with the lowest number of votes from that further vote is to be excluded.

(3) If, after that, 3 or more candidates still remain, the procedure set out in subclause (2) is to be repeated until only 2 candidates remain.

(4) A further vote is to be taken of the 2 remaining candidates.

(5) Clause 6 of this Schedule then applies to the determination of the election as if the 2 remaining candidates had been the only candidates.

(6) If at any stage during a count under subclause (1) or (2), 2 or more candidates are tied on the lowest number of votes, the one excluded is to be chosen by lot.

Preferential Ballot

Ballot-papers and Voting

9 (1) The ballot-papers are to contain the names of all the candidates. The Councillors are to mark their votes by placing the numbers ‘1’, ‘2’ and so on against the various names so as to indicate the order of their preference for all the candidates.

(2) The formality of a ballot-paper under this Part is to be determined in accordance with clause 345 (1) (b) and (c) and (5) of this Regulation as if it were a ballot-paper referred to in that clause.

(3) An informal ballot-paper must be rejected at the count.

Count

10 (1) If a candidate has an absolute majority of first preference votes, that candidate is elected.

(2) If not, the candidate with the lowest number of first preference votes is excluded and the votes on the unexhausted ballot-papers counted to him or her are transferred to the candidates with second preference on those ballot-papers.

(3) A candidate who then has an absolute majority of votes is elected, but, if no candidate then has an absolute majority of votes, the process of excluding the candidate who has the lowest number of votes and counting each of his or her unexhausted ballot-papers to the candidates remaining in the election next in order of the voter’s preference is repeated until one candidate has received an absolute majority of votes. The latter is elected.

(4) In this clause, absolute majority, in relation to votes, means a number that is more than one-half of the number of unexhausted formal ballot-papers.

In the past, Council has nominated to conduct the election of Deputy Mayor by Ordinary Ballot and therefore that method of voting is recommended.

Choosing by Lot

11 To choose a candidate by lot, the names of candidates who have equal numbers of votes are written on similar slips of paper by the Returning Officer, the slips are folded by the Returning Officer so as to prevent the names being seen, the slips are mixed and one is drawn at random by the Returning Officer and the candidate whose name is on the drawn slip is chosen.

Result

12 The result of the election is:

a) To be declared to the Councillors at the Council Meeting at which the election is held by the Returning Officer; and

b) To be delivered or sent to the Chief Executive of the Office of Local Government and to the Secretary of Local Government New South Wales.

NOMINATION FOR THE POSITION OF DEPUTY MAYOR

(Under Schedule 7, Local Government (General) Regulation 2005)

We, the undersigned, hereby nominate __________________________________________

for the position of DEPUTY MAYOR for the 2018/19 Term of Office.

** A minimum of two nominators is required**

Nominator
	Name	Signed


Nominator
	Name	Signed


Nominator
	Name	Signed


Nominator
	Name	Signed


		Date 2018

I,________________________________________ CONSENT TO MY NOMINATION FOR THE

POSITION OF DEPUTY MAYOR FOR THE 2018/19 TERM OF OFFICE

SIGNED

DATE