Council Minutes - Section C: Notice of Motion - 28 July 2020
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Notices of Motion tabled at the Ordinary Meeting of Council on 28 July 2020 which was Held virtually by Zoom and broadcast on the City's website.
The Victorian Government passed the COVID -19 Omnibus (Emergency Measures) Act 2020 on 23 April 2020 which temporarily changed the operation of the Local Government Act 2020 (the Act) in response to the COVID-19 pandemic.
Part 12 of the Omnibus legalisation implements temporary changes of the Act. Section 394 of the Omnibus legislation provides for Councillors or members to participate in meetings by electronic means of communication for the following meeting types:
a Council meeting;
a joint meeting of Councils;
a meeting of a delegated committee or joint delegated committee;
a meeting of a governing body of a regional library; or
a meeting of a special committee.
The ability for electronic meetings is due to end on 1 November 2020 in accordance with terms of the Omnibus legalisation.
There is significant benefit to facilitating participation of Councillors by allowing virtual meetings to continue beyond November 2020. For instance, a Councillor who may be mildly unwell, and would, prior to COVID-19 attend a Council meeting, could attend virtually and concurrently demonstrate this example of responsible social distancing publicly.
The City introduced the live streaming of meetings in 2018. Due to the pandemic, physical distancing has been required and the Council has continued to live stream meetings. A Council meeting has also been conducted remotely with Councillors and members participating online with the meeting being broadcast via the City’s website.
The Council should advocate broadly for the continuation of virtual meetings, including moving a motion at the next MAV State Council meeting seeking a permanent change to the Act.
Councillor Mason moved, Councillor Grzybek seconded -
That Council:
Supports the provision of the current Omnibus legislation which allows for virtual meetings and would like this to continue beyond November 2020;
Write to the Minister for Local Government, requesting that the Act be changed to incorporate the ability of Councils to conduct virtual meetings, as is currently provided for by Section 394 of the Omnibus legislation; and
Requests the Chief Executive Officer to investigate an online platform that supports a suitable hybrid model for virtual meetings.
Carried.
The introduction of the new Victorian Local Government Act 2020 (Act) has given Council in Geelong the opportunity to review its transparency policies and governance frameworks.
The Act does not specifically request Council to create a public register of meetings held by Key Management Personnel and/or Councillors with specific interest group within the community. However, an opportunity does exist for Geelong Council to be a leader and present a model of best practice to the community in establishing a public register of meetings (formal and informal) held between property developers and Key Management Personnel/Senior Officers and/or Councillors.
Such a public register could list the meeting date, the property developer entity name or property developer if an individual and the names of City of Greater Geelong Key Management Personnel/Senior Officers and/or Councillors who attended the meeting.
Property developers have one of the most significant financial interest in dealing with local government authorities. The recent municipal inquiry and sacking of the City of Casey highlighted when this interest can cause conflict and not be in the communities’ broader interests or good governance. Geelong itself has not been immune from scandal associated with improper property developer relationships with candidates, as detailed in the 2006 Merv Whelan Municipal Inquiry into donations made to candidates for the 2004 Geelong Council elections.
By establishing a public register of property developer meetings the intention is to enable the public to have transparency of these meetings and relationships, and to serve as a permanent reminder to senior staff and councillors of the need to act impartially and without fear or favour in performing their duties.
Breaches of the register by senior council employees can be referred to the City’s Staff Code of Conduct and Councillor breaches can be referred to the Councillor Code of Conduct.
Councillor Aitken moved, Councillor Grzybek seconded -
That Council requests the Chief Executive Officer:
To investigate establishing a public register of property developer meetings held with City of Greater Geelong Key Management Personnel/Senior Officers and/or Councillors;
Draft updates to the City’s Staff Code of Conduct and Councillor Code of Conduct to refer breaches of non-reporting on the property developer meeting register, if the register is established;
Draft changes to reference the register in the proposed Transparency Policy, if the register is established; and
Report back to Council by 21 September 2020 with a proposed draft recommendation.
Carried.
Due to internet issues Councillor Harwood vacated the meeting at 9:15pm for the evening.
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