Reports tabled at the Special Meeting of Council on Wednesday date held at the Council Conference and Reception at City Hall, 57 Little Malop Street, Geelong.
Source: |
Governance, Strategy & Performance |
Director: |
Rebecca Leonard |
Portfolio: |
Leadership and Governance |
To seek Council endorsement to release the Draft Public Transparency Policy (Attachment 2) for community consultation for a period of three weeks.
The Local Government Act 2020 (LGA 2020) received Royal Assent on 24 March 2020 and will be proclaimed in three stages commencing on 6 April 2020.
Section 57 of the LGA 2020 requires Council to adopt a Public Transparency Policy by 1 September 2020.
A Public Transparency Policy must describe the ways in which Council information is to be made publicly available (section 57) and give effect to the public transparency principles prescribed in section 58 of the LGA 2020.
Broadly, the draft Public Transparency Policy:
Acknowledges the importance of transparency in local government;
Incorporates the overarching principles of the LGA 2020 that “the transparency of Council decisions, actions and information is to be ensured” (section 9(2)(i)); and
Outlines what information will be made publicly available by the City and how it will be made available and identifies information that will not be made publicly available.
Community feedback is sought in relation to the policy before it will be presented to Council for adoption at its meeting on 25 August 2020.
Councillor Mason moved, Councillor Grzybek seconded -
That Council:
Endorse the release of the draft Public Transparency Policy (Attachment 2) for community consultation for a period of three weeks; and
Note that a report will be presented to Council in August 2020 to adopt the policy by 1 September 2020.
Carried.
There are no direct financial implications associated with the contents of this report.
Community and stakeholder consultation on the draft Public Transparency Policy will be undertaken for a period of three weeks. Feedback will be considered and any supported changes will be made to the policy before the policy is presented to Council for adoption.
The draft Public Transparency Policy demonstrates how decisions made by City officers under delegation or authorisation of the Council under the LGA 2020 or any other legislation supports transparency, fairness and equity.
Access to information by all members of the community is important to ensure transparency, trust and integrity of decision making. The implementation of the policy will consider how the City is able to improve access to information in accordance with the policy.
The draft Public Transparency Policy has been developed in accordance with section 57 and section 58 the LGA 2020.
Council must adopt the Public Transparency Policy by 1 September 2020.
This report aligns to Council Plan’s strategic priority ‘Organisational leadership, strategy and governance’.
No Council officer had a direct or indirect interest in the contents of this report.
Provide access to information to the public about processes, decision and actions supports transparency in the operations of the City, and the decisions of the City and the Council. A failure to provide access to information could undermine community trust in decisions made by the City and by the Council.
There are no direct environmental implications associated with the contents of this report
Source: |
Governance, Strategy & Performance - Governance |
Director: |
Rebecca Leonard |
Portfolio: |
Leadership and Governance |
To seek Council approval for the release of the draft Governance Rules, including the Election Period Policy (Attachments 3 and 4) for community consultation for a three week period.
A new Local Government Act 2020 (Vic), (the Act), received Royal Assent on 24 March 2020 which provides a new landscape for the operation of local government.
The implementation of the provisions of the Act is staged, with a number of key policies due to be adopted by 1 September 2020, including the Governance Rules.
Section 60 of the Act requires Council to adopt and apply Governance Rules that describe the way they will conduct council meetings and make decisions by 1 September 2020.
Broadly the Governance Rules are based on the Council’s existing Meeting Procedures Local Law 2017 and describe processes such as:
how Council will make decisions and conduct meetings (including Delegated Committee and Community Asset Committee meetings);
how the Mayor and Deputy Mayor are to be elected; and
how records of decision-making processes are kept and how the public can access these.
the provision to hold joint council meetings.
In addition to the meeting procedures, the Governance Rules also incorporate the following provisions as required by section 60 of the Act:
processes to hold joint council meetings, that is, between Councils;
procedures for the disclosure of a conflict of interest by a councillor or a member of a delegated committee and how these records will be kept;
a framework to consider and make decisions fairly and on the merits;
decision making processes to ensure that any person whose rights are directly impacted by Council decisions is entitled to communicate their views and have their interests considered; and
Council’s Election Period Policy which describes the limitations to decision making that apply during an election period. The Election Period Policy is required to be adopted as part of the Governance Rules. This policy has been updated in accordance s 69 of the Act (Attachment 4).
Proposed key changes to the Governance Rules from the Meeting Procedure Local Law 2017 are outlined in Attachment 2.
Councillor Asher moved, Councillor Grzybek seconded -
That Council:
Endorse the release of the Draft Governance Rules including the Election Period Policy (Attachments 3 and 4) for community consultation for a period of three weeks; and
Note that a report will be presented to Council in August 2020 to adopt the policy by 1 September 2020.
Carried.
There are no financial implications associated with the contents of this report.
Community and stakeholder consultation on the draft Governance Rules will be undertaken prior to consideration of adoption by Council.
Section 60(4) of the Act also requires the Council to undertake a process of community engagement in developing these Rules. .
The draft Governance Rules outline transparent processes for how council decisions are to be made which will support fairness and equity and public participation in decision making.
The draft Governance Rules have incorporated gender-neutral language to ensure that they provide for everyone in our diverse community.
The draft Governance Rules have been developed in accordance with and reflect the requirements of section 60 of the Act.
This report aligns to Council Plan’s strategic priority ‘Organisational leadership, strategy and governance’.
No Council officer had a direct or indirect interest in the contents of this report.
Council must adopt the Governance Rules by 1 September 2020 to ensure compliance with the Act.
The Governance Rules have been created with reference to guidance material provided by Local Government Victoria.
There are no direct environmental implications associated with the contents of this report.
Meeting procedures changes:
Reference |
Explanation |
|---|---|
Chapter 1 |
Articulates the obligations on those involved in decision-making, including members of Council staff acting under delegation in accordance with s 60(2) of the Act. |
Chapter 2, Part 2 |
The City of Greater Geelong Act 1993 has been repealed, this section outlines the terms of the election of the Mayor. |
Chapter 2, Part 2.3 |
Establishes the term and process for the election of the Deputy Mayor. |
Chapter 2, Part 2.6 |
Allows for the appointment of an Acting Mayor in the event that Council has not established the off of Deputy Mayor. |
Chapter 2, Part 3.3 to 3.5 |
Sets the process for fixing and altering Council meeting dates and establishes a rule for meetings not fixed by Council (previously referred to as Special Meetings). |
Chapter 2, Part 3.6 |
Included a new provision for notice to the public for urgent meetings which replicate the provisions of the LGA 1989: "or such notice as is reasonably practicable in the circumstances" |
Chapter 2, Part 3.9 |
Meetings may be cancelled by the CEO in the event of an emergency. |
Chapter 2, Part 3.11 |
Outlines when the Chair can determine not to accept motions. |
Chapter 2, Part 3.12 |
Notes that the Chief Executive Officer will set Council Meeting Agendas after consulting with the Mayor. |
Chapter 2, Part 3.14 |
Includes a reference to no photography. |
Chapter 2, Part 3.22 |
Joint letters to be dealt with in accordance with Petitions. |
Chapter 2, Part 3.29 |
How to speak to a motion including clarification of a right to speak in reply to an amendment |
Chapter 2, Part 3.35 |
How to address members during a meeting. |
Chapter 2, Part 3.37 |
Can only continue the meeting once if previously voted on. |
Chapter 2, Part 3.42 to 3.43 |
Clarification on points of order. |
Chapter 2, Part 3.46 |
The new provisions reflect guidance from LGV and the requirements of the Victorian Ombudsman’s Investigation into the transparency of local government decision making, December 2016. |
Previous Part 3.45 |
Removal of General Business from the Governance Rules. |
Previous Part 3.53 |
Removed references to offences. |
Chapter 2, Part 3.56 to 3.57 |
Provision for adjourning meetings and removal from the Chamber. |
Chapter 2, Part 3.58 |
New provision for suspension of standing orders. |
Chapter 2, Part 3.59 |
New provision for conducting meetings remotely. |
Chapter 2, Part 3.60 |
New provision if the Governance Rules do not address a situation then the Standing Orders and Rules of Practice of the Upper House of the Victorian Parliament will apply. |
Chapter 2, Part 3.61 |
CEO has the power to address criticism of a City Officer in meetings or criticism of himself or herself. |
Chapter 3 |
New Chapter that applies to Delegated Committees as per s.60(1)(b) of the Act. |
Chapter 4 |
New Chapter that applies to Community Asset Committees established under s.65 of the Act. |
Chapter 5 |
Allows for Joint Council meetings to consider decisions in partnership with participating Councils. |
Chapter 6 |
This Chapter outlines the process for Conflict of Interest disclosures. The prescribed content in the Local Government Act 1989 has largely been removed. This provision aligns closely with previously regulated declarations for conflict of interest. City staff must also follow these rules when exercising delegated authority or statutory functions. |
Chapter 7 |
Confidential Information. Details how to deal with confidential information while transitioning from provisions of the Local Government Act 1989 to the new Act. Confidential information is defined in s. 3 of the Act. |
Chapter 8 |
As required by s 60 of the Act. |
As there was no further business the meeting closed at 7:14pm on Tuesday 21 July 2020.
Signed: _________________________________________
Councillor Stephanie Asher (Mayor)
Date of Confirmation: _____________________________
Contents | Previous Page: Section A - Procedural Matters
