Council_Mark_POS_RGB

3 April 2019

 

Dear Councillor,

In pursuance of the provisions of the Local Government Act, 1993 and the Regulations thereunder, notice is hereby given that a POLICY REVIEW COMMITTEE MEETING of Penrith City Council is to be held in the Passadena Room, Civic Centre, 601 High Street, Penrith on Monday 8 April 2019 at 7:00PM.

Attention is directed to the statement accompanying this notice of the business proposed to be transacted at the meeting.

Yours faithfully

 

 

Warwick Winn

General Manager

 

BUSINESS

 

1.           LEAVE OF ABSENCE

 

2.           APOLOGIES

 

3.           CONFIRMATION OF MINUTES

Policy Review Committee Meeting - 11 March 2019.

 

4.           DECLARATIONS OF INTEREST

Pecuniary Interest (The Act requires Councillors who declare a pecuniary interest in an item to leave the meeting during discussion of that item)

Non-Pecuniary Conflict of Interest – Significant and Less than Significant (The Code of Conduct requires Councillors who declare a significant non-pecuniary conflict of interest in an item to leave the meeting during discussion of that item)

 

5.           ADDRESSING THE MEETING

 

6.           MAYORAL MINUTES

 

7.           NOTICES OF MOTION TO RESCIND A RESOLUTION

 

8.           NOTICES OF MOTION

 

9.           DELIVERY PROGRAM REPORTS

 

10.         REQUESTS FOR REPORTS AND MEMORANDUMS

 

11.         URGENT BUSINESS

 

12.         CONFIDENTIAL BUSINESS


POLICY REVIEW COMMITTEE MEETING

 

Monday 8 April 2019

 

table of contents

 

 

 

 

 

 

meeting calendar

 

 

confirmation of minutes

 

 

DELIVERY program reports

 


Council_Mark_POS_RGB2019 MEETING CALENDAR

January 2019 - December 2019

(Adopted by Council - 26 November 2018)

 

 

 

TIME

JAN

FEB

MAR

APRIL

MAY

JUNE

JULY

AUG

SEPT

OCT

NOV

DEC

Mon

Mon

Mon

Mon

Mon

Mon

Mon

Mon

Mon

Mon

Mon

Mon

 

Ordinary Council Meeting

7.00pm

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

25@

25

29v

27#

24*

22

26@

  23^ü

28

25#+

16

Policy Review Committee

7.00pm

 

11

11

8

13

17

8

12

9

21

11

9

 

 

 v

Meeting at which the draft corporate planning documents (Delivery Program and Operational Plan) are endorsed for exhibition

 *

Meeting at which the draft corporate planning documents (Delivery Program and Operational Plan) are adopted

 #

Meetings at which the Operational Plan quarterly reviews (March and September) are presented

 @

Meetings at which the Delivery Program progress reports (including the Operational Plan quarterly reviews for December and June) are presented

 ^

Election of Mayor/Deputy Mayor

 ü

Meeting at which the 2018-2019 Annual Statements are presented

 

Meeting at which any comments on the 2018-2019 Annual Statements are adopted

 +

Meeting at which the Annual Report is presented

Briefing to consider Budget, draft fees & charges and corporate documents

-            Extraordinary Meetings are held as required;

-            Members of the public are invited to observe meetings of the Council (Ordinary and Policy Review Committee).

Should you wish to address Council, please contact Governance Coordinator, Adam Beggs on 4732 7597.

 


UNCONFIRMED MINUTES

 OF THE POLICY REVIEW COMMITTEE MEETING OF PENRITH CITY COUNCIL HELD IN THE PASSADENA ROOM, PENRITH

ON MONDAY 11 MARCH 2019 AT 7:00PM

PRESENT

 

His Worship the Mayor, Councillor Ross Fowler OAM, Deputy Mayor, Councillor Greg Davies, and Councillors Jim Aitken OAM, Bernard Bratusa, Brian Cartwright, Robin Cook, Kevin Crameri OAM, Mark Davies, Aaron Duke, Tricia Hitchen, Karen McKeown OAM, Kath Presdee and John Thain.    

 

APOLOGIES

PRC 6  RESOLVED on the MOTION of Councillor Kath Presdee seconded Councillor Brian Cartwright that apologies be accepted for Councillors Todd Carney and Marcus Cornish.

 

CONFIRMATION OF MINUTES - Policy Review Committee Meeting - 11 February 2019

PRC 7  RESOLVED on the MOTION of Councillor Kath Presdee seconded Councillor Brian Cartwright that the minutes of the Policy Review Committee Meeting of 11 February 2019 be confirmed.

 

 

DECLARATIONS OF INTEREST

 

 There were no declarations of interest.

 

 

DELIVERY PROGRAM REPORTS

 

Councillor Jim Aitken OAM left the meeting, the time being 7:05 pm.

 

 

Outcome 5 - We care about our environment

 

3        Hawkesbury River County Council - Biosecurity Act update

Councillor Jim Aitken OAM returned to the meeting, the time being 7:13 pm.                            

PRC 8  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Karen McKeown OAM

That:

1.     The information contained in the report on Hawkesbury River County Council - Biosecurity Act update be received.

 

2.    A further report be presented to Council considering increasing Council’s annual contribution of $175,000 by $25,000 to total $200,000.

 

 

 

 

 

 

 

Outcome 4 - We have safe, vibrant places

 

1        Pedestrian Lighting Strategy                                                                                           

PRC 9  RESOLVED on the MOTION of Councillor Tricia  Hitchen seconded Councillor John Thain

That:

1.    The information contained in the report on Pedestrian Lighting Strategy be received.

2.    The draft Penrith City Centre Pedestrian Lighting Strategy be adopted.

 

 

Outcome 5 - We care about our environment

 

2        Compliance and Enforcement Policy and Guidelines

Councillor John Thain left the meeting, time being 8:11 pm.

Councillor John Thain returned to the meeting, time being 8:14 pm.

 

PRC 10  RESOLVED on the MOTION of Councillor Brian Cartwright seconded Councillor Greg Davies

That:

1.    The information contained in the report on Compliance and Enforcement Policy and Guidelines be received.

2.    Council adopt the attached Compliance and Enforcement Policy, subject to the role of Councillors being further clarified with respect to Clause 19 in the Policy.

 

Councillor Jim Aitken OAM requested that his name be recorded as having voted against the motion.

 

(amended by Council at Minute No. 48 of the Ordinary Meeting of 25 March 2019).

 

 

 

There being no further business the Chairperson declared the meeting closed the time being 8:25 pm.

    


DELIVERY PROGRAM REPORTS

 

Item                                                                                                                                       Page

 

     

Outcome 7 - We have confidence in our Council

 

1        Outdoor Dining Review                                                                                                      1

 

2        Model Code of Conduct and Procedures for the Administration of the Code of Conduct 5

 

3        Code of Meeting Practice                                                                                                 11

 

 

 

 


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


 

 

Outcome 1 - We can work close to home

 

 

There were no reports under this Delivery Program when the Business Paper was compiled


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


 

 

Outcome 2 - We plan for our future growth

 

 

There were no reports under this Delivery Program when the Business Paper was compiled


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


 

 

Outcome 3 - We can get around the City

 

 

There were no reports under this Delivery Program when the Business Paper was compiled


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


 

 

Outcome 4 - We have safe, vibrant places

 

 

There were no reports under this Delivery Program when the Business Paper was compiled


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


 

 

Outcome 5 - We care about our environment

 

 

There were no reports under this Delivery Program when the Business Paper was compiled


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


 

 

Outcome 6 - We are healthy and share strong community spirit

 

 

There were no reports under this Delivery Program when the Business Paper was compiled


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Outcome 7 - We have confidence in our Council

 

Item                                                                                                                                       Page

 

1        Outdoor Dining Review                                                                                                      1

 

2        Model Code of Conduct and Procedures for the Administration of the Code of Conduct 5

 

3        Code of Meeting Practice                                                                                                 11

 

 

 

 

 



Policy Review Committee Meeting                                                                        8 April 2019

 

 

 

1

Outdoor Dining Review   

 

Compiled by:               Tara Braithwaite, Property Projects Officer

Authorised by:            Nathan Ritchie, Property Development Manager  

 

Outcome

We have confidence in our Council

Strategy

Be open and fair in our decisions and our dealings with people

Service Activity

Respond to community requests for use of Council's land (licences, easements, road closures)

      

 

Executive Summary

Penrith City Council encourages the use of public places for outdoor dining as a means of stimulating business growth and to create vibrant local communities that enhance the amenity of public spaces and promotes social activity.

 

The Outdoor Dining Policy ‘the policy’ and Guidelines establishes a framework under which Council will manage outdoor dining within the City. The Policy and Guidelines apply to all land within the Penrith City Council Local Government Area, that is used as a public footpath, space or park and adjoining an existing approved food related business.

Background

The State Environment Planning Policy (Exempt and Complying Codes) 2008 makes footway dining an exempt development as long as it is not associated with a pub or a small bar and is carried out in accordance with an approval granted under section 125 of the Roads Act 1993 or under section 68 of the Local Government Act 1993.

 

Property Development currently manages thirty-five (35) outdoor dining permits situated on Public Footpath and issued under the Roads Act.

 

Council does not have a Policy on Outdoor Dining and permits have historically been issued with reference to the controls set out in Penrith Development Control Plan. These controls do not directly relate to approvals on Council owned land and the adoption of an Outdoor Dining Policy supported by guidelines that establishes a framework for Council to issue and manage these approvals is required.

 

On Wednesday 8 August 2018 the Access Committee provided their endorsement to the draft Outdoor Dining Policy and Guidelines. Feedback received from the Access Committee was considered and amendments made to the draft Policy and Guidelines as recommended.

Outdoor Dining Policy

The Policy applies to all land within the Penrith City Council Local Government Area that is used as a public footpath, space or park and adjoining an existing approved food related business. The aim of the policy is to provide a framework for determining the suitability of a site and meeting the ongoing operational requirements.

 

 

 

 

The objectives of the policy are to:

 

·    facilitate the appropriate use of outdoor dining on footways or within public spaces or parks whilst maintaining an equitable and safe thoroughfare around outdoor dining areas for all users.

·    ensure the design of the outdoor dining space, furniture, fixtures and day-to-day requirements facilitate improvement to the local character, street vitality, amenity and economic viability.

·    ensure outdoor dining activities avoid nuisance, endangerment or inconvenience and residents can continue to enjoy the amenity of their neighbourhood, and

·    ensure compliance with relevant legislation, Council’s Policy and Guidelines and insurance requirements.

 

It is intended that this policy be adopted as an approved local policy under section 161 of the Local Government Act 1993. The Policy will allow outdoor dining to be carried out on Council owned land and includes the footway provided the proposed location is directly related to the operation of an existing approved adjoining food business. It also ensures that the permit requirements set out in the Policy and Guidelines are met.

 

All Outdoor Dining applications made for the use of Community Land will be notified and exhibited as per section 47A of the Local Government Act 1993.

 

Council is currently undertaking a review of fees in relation to outdoor dining to ensure that they are streamlined and encourage business to undertake these activities.

Supporting Guidelines

The Guidelines will help food related businesses decide whether outdoor dining is an appropriate and feasible addition to their business. It will also provide a framework for Council to determine the suitability of a site and met the ongoing operational requirements in managing approved permits.

 

The Guidelines will assist Council and Business Owners by;

 

1.   encouraging restaurants to expand their existing dining activities outdoors onto the public footpath, within a public space or park, adjoining the existing business,

2.   determining the suitability of a site and to meet both parties ongoing operational requirements, and

3.   best managing outdoor dining within the public domain and the potential impacts on neighbours and pedestrians.

 

 

Key external stakeholders have been engaged during the development of the draft policy and guidelines and provided their in-principle support for its endorsement. The stakeholders include Vision Australia, Guide Dogs NSW, Liquor and Gaming NSW, Roads and Maritime Services, St Marys Town Centre and Penrith CBD Corporation.

 

The Policy and Guidelines ensure compliance with relevant legislation, are in line with the principles of Penrith’s Development Control Plan and are consistent with surrounding Councils Policies.

Location

Under the relevant Australian Standards street furniture must be located on the kerb side of the footpath in order provide a consistent, predictable and obstacle-free path of travel along the building line. The Pedestrian zone must be a minimum width of 1.8 metres from the building shoreline. In addition to these Australian Standards, footpaths are defined as being part of a premises under the Disability Discrimination Act 1992 and therefore equal and independent access must be provided for all users.

 

Guide Dogs NSW/ACT Pathways to Inclusion and Vision Australia’s Street Furniture and Items on Footpaths Policy, both describe the importance of creating a liveable, accessible community and environment that include everyone and enable people to move safely and independently being, a ‘fundamental right of all Australians’. The documents conclude that street furniture placed in the path of travel to be a significant barrier to access and present a safety hazard for pedestrian particularly those with vision impairment. In line with the Australian Standards, Guide Dogs NSW & Vision Australia recommend a pedestrian zone along the building line of at least 1.8 metres.

 

To meet the requirements of the Australian Standards and the Disability Discrimination Act, the preferred location for seating in an outdoor dining area is along the kerbside, to provide unobstructed continuous clearance along the building shoreline.

 

Council’s Traffic Engineers have reviewed the proposed minimum clearances for outdoor dining areas to ensure appropriate clearances are maintained for the safety of all users and to ensure sufficient room for access to cars parked along the kerb. Council’s Traffic Engineers support and consider kerbside dining with a minimum of 0.6 metre kerb setback acceptable in low speed environments such as town centres and with kerb side parking separating traffic lanes. Clearance alongside RMS classified roads and directly next to traffic moving at 20km/hour requires additional setbacks and will be referred to Council’s Traffic Engineers during the application process to ensure safety of all users.

 

In circumstances where there is insufficient width to accommodate kerbside dining for instance on the corner of an intersection or directly facing a pedestrian crossing, Council may consider alternative configurations based on their merit and the principles contained in the Outdoor Dining Policy and Guidelines. The merit assessment will take into consideration access and safety for all users of the space (including pedestrians, employees and customers) and other relevant site constraints.

Implementation

Thirty-five (35) permits have been issued by Council, with twenty-four (24) of these currently located along the kerbside. The Property Development Department will work with the remaining eleven (11) permits located along the building shoreline to determine the most appropriate location.

 

In general, the majority of current permits are consistent with the Policy and Guidelines. It is proposed that a 6-month implementation period be introduced following the adoption of the Policy to allow for the transition. Stakeholder engagement will be undertaken during this time to work with individual business owners to achieve policy compliance.

Outdoor Dining on Private Land

Outdoor dining that is located on private land requires approval under the Environmental Planning and Assessment Act 1979 through the Development Application (DA) process.

Currently there are twenty-one (21) businesses operating outdoor dining on private land adjoining public footpath.

·    three (3) of these businesses are located along the kerbside (located on Riley St, Westfield)

·    twelve (12) of these businesses are located along the building shoreline (Located on Queen St, St Marys and the GWH, Kingswood), and

·    six (6) of these businesses are located along the building shoreline (Riley St, Westfield).

 

Westfield recently underwent upgrades along Riley Street Penrith. As part of their DA they were required to recreate the shoreline surrounding these areas with the use of tacktiles.

 

It is proposed that a future review of the Development Control Plan, when referencing Outdoor Dining on private land, consider this Policy.

 

Conclusion

Penrith City Council encourages outdoor dining to create vibrant local communities and provide additional opportunities for food-based businesses. The draft Outdoor Dining Policy and Guidelines supports business owners of restaurants to decide whether outdoor dining is an appropriate and feasible addition to their business, and provides Council with a framework to issue and manage Outdoor Dining Permits on public footpaths, spaces and parks.

 

It is recommended that the Policy Review Committee endorse the Policy for Public Exhibition. The results of the exhibition will be reported back to Council with a recommendation for adoption of the Policy.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Outdoor Dining Review be received

2.    The Outdoor Dining Policy, incorporating any feedback from the Policy Review Committee, be placed on Public Exhibition,

3.    A further report be presented following the Public Exhibition to consider any submissions.

 

 

ATTACHMENTS/APPENDICES

1.

Outdoor Dining Policy

4 Pages

Attachments Included

2.

Outdoor Dining Guidelines

30 Pages

Attachments Included

  


Policy Review Committee Meeting                                                                        8 April 2019

 

 

 

2

Model Code of Conduct and Procedures for the Administration of the Code of Conduct   

 

Compiled by:               Glenn McCarthy, Governance Manager

Authorised by:            Stephen Britten, Chief Governance Officer  

 

Outcome

We have confidence in our Council

Strategy

Be open and fair in our decisions and our dealings with people

Service Activity

Support the Councillors in meeting their obligations and roles as community representatives

      

 

Executive Summary

The Office of Local Government (OLG) have amended the Model Code of Conduct and Procedures for the Administration of the Code of Conduct. Council will need to adopt the new Code of Conduct by the 14 June 2019.

The amendments to the Model Code of Conduct, form part of a review conducted with regard to the implementation of Phase 1 amendments to the Local Government Act 1993 which see the pecuniary interest provisions and other ethical changes moved into one single statutory instrument.

This report outlines the changes made to the OLG’s Model Code of Conduct, and the implications that this will have for all Council Officials (Councillors, staff, members of council committees and advisers), on adoption.

The Model Code of Conduct prescribes the minimum requirements for all councils. Councils may adopt more onerous requirements in their Code of Conduct but cannot adopt requirements that are inconsistent with the Model Code.

Background

All Councils are required to adopt a code of conduct that incorporates the provisions of the Model Code of Conduct, under s440 of the Local Government Act 1993. Our adopted Code must be consistent with the model code of conduct, although it can be more onerous than the model code if the council so wishes.

Penrith City Council last updated our Code of Conduct when Council adopted the OLG’s Model Code of Conduct and Procedures for the Administration of the Code of Conduct in February 2016. We did this, with one amendment to the Code, which is outlined below:

“If you buy or sell property in the Penrith local Government Area, other than your own home, you must notify the General Manager within a reasonable time after the transaction has been completed (settlement).”

The Code now defines an interest in relation to property is “an estate, interest, right or power, at law or in equity, in or over the property”. As an equitable interest in real property is acquired by the purchaser at exchange of contracts, there does not appear to be a need for the continuation of this additional provision. “Interest” includes an option to purchase.

OLG in October 2017, consulted with all Councils with regard to a draft Model Code of Conduct, in light of the Phase 1 amendments to the Local Government Act. Council responded to this request for feedback in December 2017.

OLG have now produced the final version of the Model Code of Conduct, with subsequent regulatory amendments having been made, which is now presented to Council for endorsement. Council must adopt a Code of Conduct by 14 June 2019.

Council’s submission on the Model Code of Conduct Consultation Draft

As indicated above, OLG consulted with councils in late 2017 seeking feedback on a Consultation Draft of a revised Model Code of Conduct. One of the observations made in our submission was that the Model Code of Conduct prescribed for local councils is now a 51-page document while the corresponding Code of Conduct for NSW Members of Parliament is 2 ½ pages. That said, some of the suggestions in our submission have been taken into account in the Model Code of Conduct, including:

·    Inclusion of a comprehensive Introduction, omitted from the Consultation Draft

·    Requirement that the annual Pecuniary Interest Returns of Councillors and General Manager be published on the council website has not been pursued

·    Clarification that attendance by a council official at a work-related event or function is not a gift or benefit for the purposes of the Code (Clause 6.2)

·    Clarification that free or subsidised meals and refreshments of token value at council-sponsored or community events, training, education sessions and workshops are not gifts or benefits for the purposes of the Code (Clause 6.2)

·    Clarification that gifts and benefits of token value can be accepted (Clause 6.8)

Changes to the Code of Conduct from our 2015 Code of Conduct

There have been a number of changes made to the Code of Conduct, some of which clarify previously ambiguous provisions, and others that are completely new. The changes which are new have been outlined below, but should be read in conjunction with the Code of Conduct and Procedures for the Administration of the Code of Conduct:

General conduct obligations

·    Defines harassment, and what constitutes harassment and discrimination to a greater degree, have also added religious and breastfeeding discrimination to the Code

·    Defines bullying behaviour and reasonable management action

·    Provides new obligations to comply with Workplace Health and Safety requirements

·    Provides new obligations in relation to conduct at meetings, that is, you must not behave in a way that disrupts council meetings or prevents effective function of the meeting.

 

 

 

 


Pecuniary Interests

·    Pecuniary Interests are now outlined in more detail in the Code, defining what is and is not a pecuniary interest, what is a relative, reference to how annual returns are made, and the need for the General Manager to disclose pecuniary interests to Council

·    Ongoing disclosure of new interests in returns within three months

·    Councillors and designated persons will be required to disclose in their returns of interests whether they are a property developer or a close associate of a property developer

Non-Pecuniary Conflicts of Interest

·    Non-Pecuniary Interests are now also outlined in more detail, and religious, cultural or charitable organisations as non-pecuniary interests, have been in included. Further, if you disclose a non-pecuniary interest you must disclose this in writing and provide a reason why this interest should not be considered significant

·    The GM cannot engage in secondary employment or other business for remuneration without the approval of Council

·    Secondary employment provision now captures a broader range of outside interaction by noting ‘other business outside the service of Council’

·    New provision that notes that members of staff should not engage in work that would cause or pose a risk, due to fatigue to them or their co-workers

·    Personal Dealings – notes that staff should engage with council in a manner consistent with the way other members of the community do

Personal Benefit

·    Token gifts are those defined as <$50, and gifts of value >$50

·    Now includes the concept of ‘work-related’ and ‘council-sponsored’ events but still limits hospitality to token value

·    Noted that you should not receive prizes where eligibility is based on council being in a customer / supplier relationship, or receive reward point programs when purchasing on behalf of council

·    New rules governing the acceptance of gifts including mandatory reporting of all gifts

·    Lottery tickets are now included as ‘cash-like’ gifts that shouldn’t be accepted

 

 

 

 

 

Relationship between Council Officials – inappropriate interactions

·    Councillors approaching members of local planning panels about applications that are before or are to come before the panel

·    Council staff being overbearing or threatening to councillors

·    Councillors making personal attacks on council staff – now specifically refers to social media

Access to information – new clause noting that Councillors should not have access to information where they have a conflict of interest in the matter, other than through normal processes available to the public

·    Use and security of confidential information

Should only be available to those who are authorised to access

Specifically notes that confidential information obtained during council briefings or workshops should also not be released.

·    Use of Council Resources

You cannot use council resources for private business purposes, this includes council staff

You cannot use Council email or Social Media to give the appearance that it is official documentation, when it is for non-official purposes

Not to use Council’s computer resources for purposes that might lead to ‘criminal penalty or civil liability and/or damage the council’s reputation’.

·    Council record keeping – emphasises that all information is stored on council resources will be treated as relating to the business of council, and therefore a record.

Changes to the Procedures for the Administration of the Code of Conduct

 

Reference to County Councils and joint organisations has now been included within the Procedures. Further, the OLG have removed the concept of a conduct review committee.

 

Code of Conduct Complaints

·    The OLG provides examples of what is and is not a code of conduct complaint

·    Notes that a code of conduct complaint is one that discloses prima facie evidence of conduct that, if proven, would constitute a breach of the code

·    Notes that whilst you should make complaints internally, it doesn’t mean you can’t complain to an external agency

Code of Conduct Complaint Management

·    Pecuniary interest breaches will go directly to the OLG

·    Notes the type of complaints that can be declined at the outset

 

 

 

 

Code of Conduct Complaints about Councillors or the General Manager

·    Where the GM or Mayor (for complaints about the GM) decides not to take further action about a councillor, they must inform the complainant within 21 days

·    Provides an additional alternate option to resolving the issue, that is, that a councillor may now give an undertaking not to repeat the offending behaviour or provide a voluntary apology

·    If complaints are made about both the Mayor and General Manager, they are obliged to refer these complaints to the Complaints Co-ordinator

 

Referral of Code of Conduct Complaints to External Agencies - Notes the necessity to report to ICAC on reasonable grounds for matters concerning corrupt conduct.

 

Preliminary assessment of code of conduct complaints about councillors or the general manager

·    Notes that the complaints co-ordinator can now terminate the conduct reviewer at any time, and that the complainant and any other affected person should be informed of the engagement of a new conduct reviewer

·    Provides criteria as to whether a matter is now sufficiently serious to warrant investigation

Investigations of Code of Conduct Complaints About Councillors or the General Manager

·    Terminology has changed so that the subject person, has now become the respondent, who has an obligation to keep the matter confidential

·    New timetable for response to allegations, most time periods for response have been reduced from 28 days to 14 days this is presumably to ensure a quicker process

·    The new options for recommendations, whilst still including the older options, that a conduct reviewer can now make include:

the respondent being removed from a committee of council or any other body,

that the respondent give an undertaking not to repeat the same behaviour and

that the findings and determination be made public in the minutes of council.

 

Rights of Review - The OLG may at any time review the consideration of a matter under the code of conduct, where it is concerned that Council have failed to comply with a requirement prescribed.

 

Confidentiality - If the complainant publicly discloses information, the GM with the consent of the OLG, may determine that the complainant receives no further information. The complainant is to be provided with 14 days to make a submission, as to why their complaint should not be withdrawn. This does not override the GIPA legislation.

 

 

 

 

 

 

Conclusion

 

The Model Code of Conduct for Local Councils in NSW is prescribed under s440 of the Local Government Act 1993 and the Local Government (General Regulation) 2005. All Councils are required to adopt a Code of Conduct that is as least as onerous as that prescribed in the Model Code of Conduct.

 

The changes to the Code of Conduct and the Procedures clarify previously ambiguous provisions while others are completely new. It is important for all to familiarise themselves with the Code of Conduct and Procedures, general awareness training will be conducted to facilitate this.

 

The Council must adopt a new Code of Conduct by 14 June, 2019.

 

 

 

RECOMMENDATION

That:

1.   The information contained in the report on Model Code of Conduct and Procedures for the Administration of the Code of Conduct be received

2.   Council adopt the Model Code of Conduct for NSW Councils as its Code of Conduct

 

 

ATTACHMENTS/APPENDICES

1.

Model Code of Conduct

62 Pages

Attachments Included

2.

Model Code of Conduct Procedures

54 Pages

Attachments Included

  


Policy Review Committee Meeting                                                                        8 April 2019

 

 

 

3

Code of Meeting Practice   

 

Compiled by:               Adam Beggs, Governance Coordinator

Authorised by:            Glenn McCarthy, Governance Manager  

 

Outcome

We have confidence in our Council

Strategy

Be open and fair in our decisions and our dealings with people

Service Activity

Manage Council's meeting calendar, meeting process and business papers

      

 

Executive Summary

The Office of Local Government (OLG) have produced a new Model Code of Meeting Practice. The Model Code is made under s360 of the Local Government Act 1993 (the Act) and the Local Government (General) Regulation 2005. The model code is to apply to all meetings of council and committees of councils (where the members are all councillors), and it is required that councils incorporate the mandatory provisions of this Code, into their adopted Code of Meeting Practice.

The OLG have noted provisions in the Code that are mandatory and those that are non-mandatory. Our adopted code must not contain less than the mandatory provisions, but may also contain the non-mandatory provisions, where Council sees fit.

Council will have until 14 June 2018 to adopt the Model Code of Meeting Practice.

This report outlines the new mandatory inclusions required to be included in the Council’s Code of Meeting Practice along and with also outlining the non-mandatory inclusions that are optional for inclusion.

The attached Code of Meeting Practice provides the final proposed draft of the Code of Meeting Practice and the report seeks endorsement for this to be placed on exhibition.

Background

All Councils are required to adopt a Model Meeting Code of Practice, under s360 of the Local Government Act 1993 and s 232 of the Local Government Regulations 2005. Our adopted Code must incorporate the mandatory provisions of the Model Code of Meeting Practice. Further, Council may also include non-mandatory provisions that the OLG has highlighted in their Code of Meeting Practice.

Penrith City Council last updated its Code of Meeting Practice in February, 2015. The Council’s Code of Meeting Practice incorporated many of the provisions of the Meetings Practice Note 2009 with minor administrative amendments made in 2015, to better reflect and provide clarification on some ambiguities.

Penrith Council first responded to a call for submissions into a proposed Model Code of Practice in January, 2017. Based on feedback from various Councils, the OLG then produced a draft Code of Meeting Practice in December 2017, for comment. Council provided a response to this Draft Code on 14 March, 2018.

The OLG have now released the Model Code of Meeting Practice and prescribed this. Transitional arrangements will apply to Councils; however, the Code must be adopted by the 14 June 2019. Before adopting a new code of meeting practice Council will be required to exhibit a draft of the Code for at least 28 days and provide members of the community at least 42 days to comment.

The proposed changes and the non – mandatory provisions slated for inclusion were discussed at a recent councillor briefing and have been included in the Code of Meeting Practice document attached to this report.

Current Situation

Council staff wish to highlight the following mandatory and non-mandatory changes:

Mandatory Changes to the Code of Meeting Practice

The below changes reflect those practices which are not currently included in the adopted  Code of Meeting Practice but are in the new Code of Meeting Practice:

Webcasting  (5.19)

It will now be mandatory for both Ordinary and committee meetings (where all members are councillors) i.e. Policy Review Committee, to be webcast. Webcasting is defined as ‘a video or audio broadcast of a meeting transmitted across the internet either concurrently with the meeting or at a later time’.  This will need to be introduced within 12 months of the prescription of the regulations. Council staff are seeking request for quotations currently. A statement prior to the commencement of the meeting must advise all attendees that they are subject to webcasting.

Other provisions

-     Outlines meeting principles (2.1)

-     Whilst Councillors may ask by way of a motion a question of the general manager about the performance of the council, they cannot ask a question that comprises a complaint against the GM or staff member. (3.15)

-     Notice of a meeting can be published on the website, and in a manner that will bring notice of the meeting to the attention of the public – that is, it may not need to be placed in a newspaper (3.5)

-     Further clarity around Leave of Absence (5.5)

-     Mayoral Minutes should only be used if the matter is urgent and not routine, and this should be decided upon by Council (9.9)

-     An amendment to a motion must relate to the matter being dealt with in the original motion, and can’t be a direct negative of the original motion. (10.11)

-     Withdrawal of a notice of motion can now occur (10.3)

-     Where the Council proposes to close the meeting to the public in circumstances where the matter has not been identified, then the chairperson is to invite representations from the public. (14.16)

-     Conflicts of interest – All declarations of conflicts of interest and how the conflict was managed by the person who made the declaration must be recorded in the Minutes of the meeting at which the declaration was made. (16.1)

Non-Mandatory Provisions

The Office of Local Government have placed in the Model Code of Meeting Practice provisions that are not mandatory. Therefore, it is at the discretion of Council as to whether these non-mandatory provisions are included in our adopted code of meeting practice. A number of these provisions Council has already included in its Code for some time and will remain. The other non-mandatory provisions that have been proposed are shown below and were discussed at a recent councillor briefing, as a result of these discussions a number but not all of these are now included in the attached draft model code of meeting practice.

 

These provisions include:

 

-     Inclusion of Notice of Motion Provisions (3.12 and 3.13)

 

-     Inclusion of pre-briefing sessions for Councillors prior to Ordinary meetings (3.32 – 3.37)

 

-     Introduction of Public forums before each ordinary meeting of council for public submissions to be made (Part 4)

-     Modes of Address

-     Cancellation of meetings due to a lack of quorum or unsafe circumstances to get to a meeting e.g. natural disaster (5.14 & 5.15)

 

-     Order of business for ordinary meetings (8.1 & 8.2)

 

-     The identification of funding sources must be included in motions that require the expenditure of funds. If this is not included, then the motion or amendment must be deferred until a report from the GM is available. (10.9)

 

-     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 (11.11 and 20.24 – For Committees)

 

-     Dealing with items by exception – approval en bloc unless councillors wish to speak to an item. (Part 13)

 

-     Expulsion from meetings. (15.14-15.16)

 

-     Notice of Motion to alter or rescind a resolution relating to a DA (17.10)

 

-     Ability to alter or rescind a resolution moved at the same meeting, subject to procedures (17.12) and Recommitting resolutions to correct an error (17.5-17.20)

 

-     Time limits on Council Meetings (Part 18)

Sections in our current Code that are not in the prescribed Model Code

 

There is nothing prohibiting the Council having provisions that go above and beyond the Model Code of Meeting Practice or further clarify certain elements. The provisions listed below are not included in the Model Code of Meeting Practice that has been prepared but have long been included in Council’s Code of Meeting Practice and it is proposed that they will remain.

 

-     Suspension of standing orders

 

-     Urgent reports

 

-     Liability of Councillors, Employees and other persons and Proceedings in Cases

 

-     Order of dealing with Motions and amendments. (Part 10)

Next Steps

 

If the Council adopts the recommendations contained in this report, the Council’s Code of Meeting Practice as attached will be exhibited for at least 28 days and will provide members of the community at least 42 days to comment. After this period, a final report including any feedback received will be presented to an Ordinary Council meeting in May for adoption.

 

Conclusion

 

The Model Code of Meeting Practice for Local Councils in NSW is made under s360 of the Local Government Act 1993 and the Local Government (General Regulation) 2005. All Councils are required to adopt a Meeting Code of Practice, by the 14 June 2019, that is as least as onerous as the mandatory provisions set down by the OLG.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Code of Meeting Practice be received

2.    The Draft Code of Meeting Practice be placed on public exhibition for 28 days.

3.    The General Manager be authorised to make any minor administrative changes prior to exhibition.

 

 

ATTACHMENTS/APPENDICES

1.

Draft Model Code of Meeting Practice

37 Pages

Attachments Included

   


 

ATTACHMENTS  

 

 

Date of Meeting:     Monday 8 April 2019

Report Title:            Outdoor Dining Review

Attachments:           Outdoor Dining Policy

                                Outdoor Dining Guidelines



Policy Review Committee Meeting                                                                                     8 April 2019

Attachment 1 - Outdoor Dining Policy

 

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Policy Review Committee Meeting                                                                                     8 April 2019

Attachment 2 - Outdoor Dining Guidelines

 

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ATTACHMENTS  

 

 

Date of Meeting:     Monday 8 April 2019

Report Title:            Model Code of Conduct and Procedures for the Administration of the Code of Conduct

Attachments:           Model Code of Conduct

                                Model Code of Conduct Procedures



Policy Review Committee Meeting                                                                                     8 April 2019

Attachment 1 - Model Code of Conduct

 

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Policy Review Committee Meeting                                                                                     8 April 2019

Attachment 2 - Model Code of Conduct Procedures

 

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ATTACHMENTS  

 

 

Date of Meeting:     Monday 8 April 2019

Report Title:            Code of Meeting Practice

Attachments:           Draft Model Code of Meeting Practice



Policy Review Committee Meeting                                                                                     8 April 2019

Attachment 1 - Draft Model Code of Meeting Practice

 

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