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Item 14 Ordinary Meeting 26 March 2019 |
Item 14 - Annexure 1 |
GENERAL MANAGER’S TABLED REPORT ON MATTERS FOR DETERMINATION SUBMITTED TO THE Ordinary Council Meeting TO BE HELD ON Tuesday 26 March, 2019
Page 1
ITEM 14 POLICY REVIEW - CODE OF MEETING PRACTICE.................... 2
ANNEXURE ITEMS
ANNEXURE 14.1 Model Code of Meeting Practice for Local Councils in NSW 2018............................................................................................ 5
ANNEXURE 14.2 DRAFT - Code of Meeting Practice Policy...... 81
ITEM 14 - POLICY REVIEW - CODE OF MEETING PRACTICE
REPORT IN BRIEF
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Reason For Report |
For Council to adopt the draft Code of Meeting Practice and place the draft policy on public exhibition for the required period |
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Policy Implications |
Yes - will become Council's policy once adopted after exhibition period |
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Budget Implications |
Nil |
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IPR Linkage |
4.5.1.f - Adhere to Council's Code of Conduct and Code of Meeting Practice |
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Annexures |
1. Model Code of Meeting Practice for Local Councils in NSW 2018⇩ 2. DRAFT - Code of Meeting Practice Policy⇩ |
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File Number |
\OFFICIAL RECORDS LIBRARY\CORPORATE MANAGEMENT\POLICY\POLICY CORRESPONDENCE - 1001480 |
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THAT Council place the draft Code of Meeting Practice on public exhibition for a period of not less than 42 days, inviting submissions from the public, after which time the policy shall be reported back to Council for adoption with a summary of submissions received. |
Administration Manager's REPORT
The Model Code of Meeting Practice for Local Councils in NSW (the Model Meeting Code) was prescribed on 14 December 2018 and comprises of mandatory and non-mandatory provisions.
This report provides a draft Code of Meeting Practice for Council’s consideration for placement on exhibition. The draft Code contains all mandatory provisions of the Model Meeting Code as well as additional clauses consistent with Council’s current Code of Meeting Practice and sections of the Model Meeting Code that have non-mandatory provisions.
Before adopting a new code of meeting practice, under section 361 of the Local Government Act councils are required to exhibit a draft of the code of meeting practice for at least 28 days and provide members of the community at least 42 days in which to comment on the draft code.
Until Council adopts a new Code of Meeting Practice, its existing Code of Meeting Practice will remain in force up until six months from the date on which the new Model Meeting Code was prescribed (14 December 2018 – 14 June 2019). If Council fails to adopt a new Code of Meeting Practice within this period, any provisions of the Council’s adopted Meeting Code that are inconsistent with the mandatory provisions of the Model Meeting Code prescribed under the Regulation will automatically cease to have any effect to the extent that they are inconsistent with the mandatory provisions of the Model Meeting Code.
It is proposed that Council develop, publicly exhibit and adopt a new Code of Meeting Practice prior to the 14 June 2019 deadline to ensure clarity of process. The draft Code of Meeting Practice is annexed to this report.
The majority of the Model Meeting Code is prescribed content that is mandatory for Council to adopt. However, the Model Meeting Code contains a number of non-mandatory provisions that each Council is required to decide as to whether to include in their Council’s Code of Meeting Practice. The annexed Model Code of Meeting Practice issued from the Office of Local Government is colour coded to distinguish mandatory from non-mandatory provisions.
The provisions of the Model Meeting Code substantially align with Council’s current Code of Meeting Practice, however there are a number of new mandatory provisions that introduce new and varied practices for Council meetings. The new provisions include eight (8) new meeting principles to guide Council meetings, a section on questions with notice, attendance at meetings, webcasting of meetings, the ability to shorten the duration of speeches to expedite the consideration of business and representations on closure of council meetings to the public.
Webcasting of Council Meetings is a mandatory provision in the Model Meeting Code. Council’s must include supplementary provisions in its adopted Code that specifies how they will webcast and should ensure that meetings are webcast by 14 December 2019. In Council’s draft Code of Meeting Practice (cl5.19) it states Council’s webcast will consist of an audio recording of the meeting and will be uploaded to Council’s website as soon as practicable after the meeting.
Where the Model Meeting Code has minor non-mandatory sections, these have been updated to reflect current Council process and provisions in Council’s current Code of Meeting Practice.
The significant non-mandatory provisions from the Model Meeting Code that have been included in Council’s draft Code are:
· Public Forums (cl4.1 – 4.22) – Council’s practice has been retained i.e. hold public forums on the second Tuesday of each month;
· Cancellation of Meeting (cl5.13 – 5.14) – where it is apparent that there will be a lack of quorum or because of risk to the safety and welfare of attendees;
· Modes of Address (cl7.1 – 7.4) – for the Mayor, Chairperson, councillors and staff;
· Order of Business (cl8.1 – 8.3) – reflect the current practice for order of business at Council;
· Dealing with Items by Exception (cl13.1 – 13.7) – deal with multiple items in one resolution where no councillor wishes to speak against the recommendation;
· Rescission Motion moved at same meeting (cl17.12 – 17.14) – Council has included clauses to allow dealing with rescission motions at the same meeting;
· Recommitting Resolutions (cl 17.15 – 17.20) – only allowed to correct any error, ambiguity or imprecision in the Council’s resolution.
Adoption of a new Code of Meeting Practice that is consistent with the provisions of the Model Meeting Code will ensure that Council meetings are conducted in accordance with legislative requirements. It is considered appropriate that the annexed draft Code be placed on public exhibition.
