Agenda of Extraordinary Council

ETHICAL DECISION MAKING AND CONFLICTS OF INTEREST

A GUIDING CHECKLIST FOR COUNCILLORS, OFFICERS AND COMMUNITY COMMITTEES

Ethical decision making

Is the decision or conduct legal?

Is it consistent with Government policy, Council’s objectives and Code of Conduct?

What will the outcome be for you, your colleagues, the Council, anyone else?

Does it raise a conflict of interest?

Do you stand to gain personally at public expense?

Can the decision be justified in terms of public interest?

Would it withstand public scrutiny?

Conflict of interest

A conflict of interest is a clash between private interest and public duty. There are two types of conflict:

Pecuniary – regulated by the Local Government Act and Department of Local Government

Non-pecuniary – regulated by Codes of Conduct and policy. ICAC, Ombudsman, Department of Local Government (advice only). If declaring a Non-Pecuniary Conflict of Interest, Councillors can choose to either disclose and vote, disclose and not vote or leave the Chamber.

The test for conflict of interest

Is it likely I could be influenced by personal interest in carrying out my public duty?

Would a fair and reasonable person believe I could be so influenced?

Conflict of interest is closely tied to the layperson’s definition of ‘corruption’ – using public office for private gain.

Important to consider public perceptions of whether you have a conflict of interest.

Identifying problems

1st Do I have private interests affected by a matter I am officially involved in?

2nd Is my official role one of influence or perceived influence over the matter?

3rd Do my private interests conflict with my official role?

Whilst seeking advice is generally useful, the ultimate decision rests with the person concerned.

Agency advice

Officers of the following agencies are available during office hours to discuss the obligations placed on Councillors, officers and community committee members by various pieces of legislation, regulation and codes.

Contact	Phone	Email	Website
Bega Valley Shire Council	(02) 6499 2222	council@begavalley.nsw.gov.au	www.begavalley.nsw.gov.au
ICAC	8281 5999 Toll Free 1800 463 909	icac@icac.nsw.gov.au	www.icac.nsw.gov.au
Division of Local Government (DPC)	(02) 4428 4100	dlg@dlg.nsw.gov.au	www.dlg.nsw.gov.au
NSW Ombudsman	(02) 8286 1000 Toll Free 1800 451 524	nswombo@ombo.nsw.gov.au	www.ombo.nsw.gov.au

TO: The General Manager
Bega Valley Shire Council

Disclosure of pecuniary interests / non-pecuniary conflict of interests

In accordance with the Council’s Code of Meeting Practice and the requirements of the Local Government Act and regulations or dispensation issued by the Division of Local Government I hereby disclose the following pecuniary interests and/or non-pecuniary conflict of interests at the meeting as indicated below:

Ordinary meeting held on _____ / _____ / 20___

dd mm yy

	Item no & subject
	Interest (tick one)	Pecuniary interest Non-pecuniary conflict of interest
	* Nature of interest
	If Non-pecuniary (tick one)	Disclose & vote Disclose & not vote Leave chamber

	Item no & subject
	Interest (tick one)	Pecuniary interest Non-pecuniary conflict of interest
	* Nature of interest
	If Non-pecuniary (tick one)	Disclose & vote Disclose & not vote Leave chamber

Signed
Print Name	Councillor

* Note: Under the provisions of Section 451(1) of the Local Government Act 1993 (pecuniary interests) and Part 6.11 of the Model Code of Conduct prescribed by the Local Government (Discipline) Regulation 2004 (conflict of interests) it is necessary for you to disclose the nature of the interest when making a disclosure of a pecuniary interest or a non-pecuniary conflict of interest at a meeting.

Extraordinary Council 4 September 2013 Item 3.1

3.1. Election of Mayor 2013/2014

Council is required to elect a Councillor as Mayor in keeping with Section 225 of the Local Government Act and the General Regulation.

Acting General Manager

BACKGROUND

Legal

The election of the Mayor is to proceed in accordance with Schedule 7 of the Local Government (General) Regulation 2005. Schedule 7 has been included below for your information.

Clause 236 of the Regulation provides that in the absence of a chairperson at a council meeting, the first item of business must be the election of a chairperson.

The election is to be conducted by the General Manager or in his or her absence, a council employee designated by the General Manager, or in the event that all of these people are absent, by the person who called the meeting.

It is good practice if, once the chairperson is elected, the next item of business is the Mayoral election. The procedure for conducting the Mayoral election is set out in clause 394 and Schedule 7 to the Regulation.

SCHEDULE 7 – ELECTION OF MAYOR BY COUNCILLORS

Part 1 – Preliminary

1. Returning Officer

The General Manager (or a person appointed by the General Manager) is the returning officer.

2. Nomination

(1) A Councillor may be nominated without notice for election as Mayor or Deputy Mayor.

(2) The nomination is to be made in writing by 2 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.

(3) The nomination is to be delivered or sent to the returning officer.

(4) The returning officer is to announce the names of the nominees at the Council meeting at which the election is to be held.

3. Election

(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) In this clause:

§ “ballot” has its normal meaning of secret ballot

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

Part 2 – Ordinary ballot or open voting

4. Application of Part

This Part applies if the election proceeds by ordinary ballot or by open voting.

5. Marking of ballot-papers

(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.

6. Count – 2 candidates

(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.

It is noted the candidate chosen by lot is the successful candidate.

7. Count – 3 or more candidates

(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 then remain, a further vote is to be 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.

Part 3 – Preferential ballot

8. Application of Part

This Part applies if the election proceeds by preferential ballot.

9. Ballot-papers and voting

(1) The ballot-papers are to contain the names of all the candidates. The Councillors are to mark their votes by placing the number “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.

10. Count

(1) If a candidate has an absolute majority of first preferences 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 preferences 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 which is more than one-half of the number of unexhausted formal ballot-papers.

11. Tied candidates

(1) If, on any count of votes, there are 2 candidates in, or remaining in, the election and the numbers of votes cast for the 2 candidates are equal – the candidate whose name is first chosen by lot is taken to have received an absolute majority of votes and is therefore taken to be elected.

(2) If, on any count of votes, there are 3 or more candidates in, or remaining in, the election and the numbers of votes cast for 2 or more candidates are equal and those candidates are the ones with the lowest number of votes on the count of the votes – the candidate whose name is first chosen by lot is taken to have the lowest number of votes and is therefore excluded.

Part 4 – Choosing by lot

12. Choosing by lot

To choose a candidate by lot, the names of the 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.

13. Result

The result of the election (including the name of the candidate elected as Mayor or Deputy Mayor) 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 Director-General and to the Secretary of the Local Government and Shires Association of New South Wales.

Nominations must be in writing and signed by two or more Councillors (one of whom may be the nominee) and the nominee must indicate his or her consent to the nomination in writing.

The nomination is to be delivered or sent to the Returning Officer (General Manager) who will announce the names of the nominees at the meeting. The written nominations can be given to the General Manager at the meeting prior to the election.

If more than one nomination is received, the Council is required to resolve whether the election is to proceed by preferential ballot, ordinary ballot, or by open voting.

Councillors should note that an election by preferential ballot or ordinary ballot is a secret ballot. Open voting is by show of hands (or similar means).

Process Required Resolutions

1. If only one nomination for the office of Mayor is received, the Returning Officer (General Manager) will declare that Councillor elected to the office of Mayor for the period until September 2014. The declaration will be recorded in the minutes.

The Mayor should then take the Chair.

2. If two or more nominations are received, an election is required. The Council must resolve the method to be used for the election. An appropriate resolution would be:-

That the election of the Mayor for the period until September 2014 proceed by way of [eg: open voting]

3. On completion of voting the Returning Officer will declare the result (which will be recorded in the Minutes) and the Mayor will assume the Chair.

4. At this point a motion should be proposed authorising the destruction of nomination papers and any ballot papers. An appropriate motion would be:-

That all nomination papers (and ballot papers – if ballot papers have been used) used in connection with the election of the Mayor for the period ending September 2014 be destroyed.

5. The Regulation provides for the Local Government Division and Local Government and Shires Association to be informed of the results of the election. An appropriate motion would be:-

That the Chief Executive of the Division of Local Government and the Secretary General of the Local Government NSW be advised of the result of the election of the Mayor for the period until September 2013.

ATTACHMENTS

1 View. Ballot Paper - Election of Mayor Extraordinary Meeting September 2013

2 View. Nomination Papers Mayor Extraordinary Council Meeting September 2013

RECOMMENDATION

That the election of Mayor 2013/14 proceed as outlined in the report with appropriate resolutions.

Extraordinary Council	4 September 2013
*Item 3.1 - Attachment 1*	*Ballot Paper - Election of Mayor Extraordinary Meeting September 2013*

Bega Valley Shire Council

Preferential Ballot Paper for the

Election of the Mayor

Election Date: 4 September 2013

For the position of Mayor until September 2014

1. In marking your vote on this ballot paper, you must place the number “1” in the square opposite the name of the candidate for whom you desire to give your first preference vote. If you wish to vote for additional candidates, place consecutive numbers beginning with the number “2” in the squares opposite the names of those additional candidates in the order of your preference for them.

2. After marking the ballot paper according to paragraph 1 of these directions, you must fold it so that the vote cannot be seen, show the folded ballot paper to the returning officer and then place it in the container provided.

Bega Valley Shire Council

Ordinary Ballot Paper for the

Election of the Mayor

Election Date: 4 September 2013

For the position of Mayor until September 2014

1. In marking your vote on this ballot paper, you must place the number “1” in the square opposite the name of the candidate for whom you desire to give your first preference vote.

Extraordinary Council 4 September 2013 Item 3.2

3.2. Election of Deputy Mayor 2013/2014

The Council has traditionally elected a Deputy Mayor under Section 231 of the Local Government Act

Acting General Manager

BACKGROUND

The procedure for the election of the Deputy Mayor is the same as that for the election of the Mayor as set out in the previous item.

ISSUES

Process Required / Resolutions

1. If only one nomination for the office of Deputy Mayor is received, the Returning Officer (General Manager) will declare that Councillor elected to the office of Deputy Mayor for the period until September 2014. The declaration will be recorded in the minutes.

2. If two or more nominations are received, an election is required. The Council must resolve the method to be used for the election. An appropriate resolution would be:-

That the election of the Deputy Mayor for the period until September 2014 proceed by way of (eg: open voting)

3. On completion of voting the Returning Officer will declare the result (which will be recorded in the Minutes).

4. At this point a motion should be proposed authorising the destruction of nomination papers and any ballot papers. An appropriate motion would be:-

That all nomination papers (and ballot papers – if ballot papers have been used) used in connection with the election of the Deputy Mayor for the period ending September 2014 be destroyed.

5. The Regulation provides for the Local Government Division and Local Government and Shires Association to be informed of the results of the election. An appropriate motion would be:-

That the Chief Executive of the Division of Local Government and the Secretary General of the Local Government NSW be advised of the result of the election of the Deputy Mayor for the period ending September 2014.

ATTACHMENTS

1 View. Nomination Papers for Deputy Mayor Extraordinary Meeting September 2013

2 View. Ballot Paper Election of Deputy Mayor Extraordinary Meeting September 2013

RECOMMENDATION

That the election of Deputy Mayor 2013/14 proceed as outlined in the report with appropriate resolutions.

Extraordinary Council	4 September 2013
*Item 3.2 - Attachment 2*	*Ballot Paper Election of Deputy Mayor Extraordinary Meeting September 2013*

Bega Valley Shire Council

Preferential Ballot Paper for the

Election of the Deputy Mayor

Election Date: 4 September 2013

For the position of Deputy Mayor until September 2014

Bega Valley Shire Council

Ordinary Ballot Paper for the

Election of the Deputy Mayor

Election Date: 4 September 2013

For the position of Deputy Mayor until September 2014

1. In marking your vote on this ballot paper, you must place the number “1” in the square opposite the name of the candidate for whom you desire to give your first preference vote.

Extraordinary Council 4 September 2013 Item 3.3

3.3. Meeting Date Schedule 2013/2014

Under Section 9 of the Local Government Act the Council is required to publicise when it will hold its meetings.

General Manager

Background

The meeting date schedule for Ordinary Council meetings (commencing at 2.00pm) for the period until September 2014 needs to be set by Council. Council resolved at its meeting on 5 October 2012 that Council meetings and workshops be held on Wednesdays.

Council resolved at its meeting on 30 September 2010 to move to a three weekly meeting cycle. Council is required to hold at least ten meetings per year under the Local Government Act.

This cycle enables staff to prepare reports required as a result of deputations to the previous Council meeting or from the regular Councillor workshops conducted on Wednesdays that are not Council meeting days. This meeting cycle has enabled Councillors to consider policy, strategy and project matters in more detail at workshops held on the two weeks between each Council meeting for formal determination at a subsequent Council meeting. A record of the workshops will continue to be provided to Councillors in the weekly Councillor Communiqué.

Suggested Meeting Dates – Three Weekly Cycle

Wednesday, 25 October 2013

Wednesday, 16 October 2013
Wednesday, 6 November 2013

Wednesday, 27 November 2013
Wednesday, 18 December 2013 (5 week break)
Wednesday, 22 January 2014
Wednesday, 12 February 2014
Wednesday, 5 March 2014
Wednesday, 26 March 2014
Wednesday, 16 April 2014
Wednesday, 7 May 2014
Wednesday, 28 May 2014
Wednesday, 18 June 2014
Wednesday, 9 July 2014
Wednesday, 30 July 2014
Wednesday, 20 August 2014
Wednesday, 10 September 2014

ATTACHMENTS

Nil

Recommendation

That Councillors set the meeting date schedule for the period to September 2014 on a three weekly cycle as detailed, with a variation following the December meeting to allow for public holidays:

Wednesday, 25 October 2013

Wednesday, 16 October 2013
Wednesday, 6 November 2013

Extraordinary Council 4 September 2013 Item 3.4

3.4. Council Meeting Agenda - Order of Business

Council is required to formally resolve its order of business (Clause 11 Meetings Regulation).

Acting General Manager

Background

Clause 11 of the Local Government (Meetings) Regulations requires Council to formally resolve its order of business.

The order of business in the adopted Code of Meeting Practice is:-

· Confirmation of Minutes Ordinary Meeting (date)

· Confirmation of Minutes Extraordinary Meeting (date)

· Apologies and Requests for Leave of Absence.

· Declarations.

· Deputations.

· Petitions.

· Mayoral Minutes or Announcements.

· Staff Reports (including advisory committee reports).

· Delegates Reports.

· Rescission/Alteration Motions.

· Notices of Motion.

· Urgent Business.

· Questions on Notice and Responses to Questions without Notice from previous meeting.

· Questions for the Next Meeting.

· Confidential Business – Closed Session

§ Closed Session Adjournment.

§ Matters to be considered in Closed Session: Determination.

· Adoption of decisions reached in Closed Session.

· Declassification of reports considered previously in Closed Session

ATTACHMENTS

Nil

Recommendation

1. That Council note the report.

2. That Council adopt the order of business for meetings of the Council as contained in the report to Council on 4 September 2013

Extraordinary Council 4 September 2013 Item 3.5

3.5. Councillor Portfolios, Agenda and Reporting Theme Areas

At the Council meeting on 5 October 2012 Council moved to a reporting system in line with the themes of the Community Strategic Plan (CSP), Bega Valley 2030.

Acting General Manager

Background

Following the adoption of the Community Strategic Plan (CSP), Council moved to a portfolio/reporting system in line with the themes of the CSP: Accessibility; Enterprising; Liveability; Leading Organisation; Sustainability. During the transition period over the past 12 months the headings for each portfolio/reporting area included the names of the previous standing committee:

· Staff Reports – Planning and Environment (Sustainability)

· Staff Reports – Community and Relationships (Liveability)

· Staff Reports – Economic (Enterprising)

· Staff Reports – Infrastructure Waste and Water (Accessibility)

· Staff Reports – Governance and Strategy (Leading Organisation)

It is now timely for Council to consider using only the new reporting area names in Council’s business papers. If Council so resolves then the Council business paper and minutes would be presented in this format from the first meeting in the next cycle. If this is not so resolved by Council then the current format will remain.

· Staff Reports –Sustainability

· Staff Reports –Liveability

· Staff Reports –Enterprising

· Staff Reports – Accessibility

· Staff Reports –Leading Organisation

ISSUES

Legal

The Local Government Act S369 provides that the Mayor, or in his/her absence, the Deputy Mayor, presides as chairperson at meetings of Council.

It has been the practice of Council to nominate Councillors, other than the Mayor, to chair Standing Committees or other Committees as delegated by Council.

Terms of Reference – Portfolio/Report Sections

Sustainability or Planning and Environment

Objective:

To ensure the unique environment is protected to maintain biodiversity and water quality and managed for our community, to provide growth and economic opportunity.

Terms:

Consider, review, prioritise and resolve:

· Development applications outside staff delegations.

· Comprehensive Local Environment Plan, Development Control Plan and amendments.

· Strategic land use, urban structure, natural resource, coastal management, estuary and climate change plans and reports.

· Function service standards, levels of service and hierarchies

· Policies, principles and guidelines relating to:

o Natural environment, health, building, control, pollution, trees, weeds and regulatory services to the extent Council has jurisdiction in relation to the Local Government Act, Environmental Planning and Assessment Act, Protection of the Environment Operations Act, Heritage Act, Noxious Weeds Act and related legislation.

· Contributions plans under S94 and S94A (Environment Planning and Assessment Act) and S64 (Local Government Act).

· Recommendations from related reference panels

· Minutes and recommendations from related advisory committees.

· Related matters outside staff delegations.

Liveability or Community and Relationships

Objective:

To support a place where everyone regardless or age of circumstance can enjoy a safe, involved and affordable community life.

Terms:

Consider, review, prioritise and resolve:

· The provision of health, welfare and community services to the extent Council has jurisdiction or is agent to provide services on behalf of government.

· Strategic responses to community, cultural and social, volunatary issues and reports

· Function service standards, levels of service and hierarchies

· Policies, principles and guidelines in relation to:

o ageing, youth, children’s services, disability and other disadvantaged demographic groups in the Shire.

o library, gallery and cultural services

· Communication between the Council agencies and the community

· Matters relating to the general health and physical wellbeing of Shire citizens

· Awards for honorary and voluntary civic service

· Civic events, festivals and celebrations

· Recommendations from related reference panels

· Minutes and recommendations from related advisory committees

· Related matters outside staff delegations.

Enterprising or Economic

Objective:

To support a creative and innovative business community, invigorating growth in employment and economic activity, in partnerships with government.

Terms:

Consider, review, prioritise and resolve:

· Strategic business and property plans and reports

· Proposals relating to development, acquisition, lease or sale of Council property

· Economic development, education, marketing and tourism

· Function service standards, levels of service and hierarchies

· Policies, principles and guidelines in relation to:

o business growth, land investment, tourism

· Minutes and recommendations from related advisory committees

· Recommendations from related reference panels

· Related matters outside staff delegations

Accessibility or Infrastructure Waste and Water

Objective

To plan, and provide a comprehensive mix of public and private sector services and facilities in order that residents and visitors have access to the quality health, recreation, education, employment, transport, utility and retail resources they want and need.

Terms:

Consider, review, prioritise and resolve:

· Capital works program

· Tenders for capital works and plant

· Asset standards, levels of service and hierarchies

· Asset acquisition and disposal

· Policies, principles and guidelines in relation to:

o works (including roads, bridges, paths), water and waste water

o reserves, buildings, car parks, drainage and waterway infrastructure.

o emergency services

· Strategic infrastructure management, including water, waste and waste water business plans

· Asset management plans, facility management plans and plans of management

· Infrastructure grant funded projects

· Minutes and recommendations from related advisory committees

· Recommendations from related reference panels

· Related matters outside staff delegations

Leading Organisation or Governance and Strategy

Objective:

To shape an organisation that supports the agreed aspirations of the community within the capacity of the community and the capability of the organisation.

Terms:

Consider, review, prioritise and resolve:

· Community Engagement Policy and Procedure, Community Strategic Plan, Delivery Plan, Operating Plan, Resourcing Strategy, Revenue Policy (including rates, fees and charges) and Annual Reports

· Investments and loan programs and policies

· Function service standards, levels of service and hierarchies

· Policies, principles and guidelines relating to:

o Corporate plan, media and communication, customer service, finance, human resources, information technology, administration, risk and insurance

· Business performance, reporting, audit and administrative systems

· Organisation structure and staff resources

· Council’s policies including the Code of Conduct, Code of Meeting Practice and related codes and policies

· External and internal audit

· Recommendations from related reference panels

· Minutes and recommendations from related advisory committees.

· Related matters outside staff delegations.

ATTACHMENTS

Nil

Recommendation

1. That Council consider the naming of the theme reporting and portfolio structure of:

· Planning and Environment (Sustainability)

· Community and Relationships (Liveability)

· Economic (Enterprising)

· Infrastructure Waste and Water (Accessibility)

· Governance and Strategy (Leading Organisation)

2. That the objective and terms of reference for each portfolio be noted.

3. That all Councillors be members of the Standing Committees

4. That a Councillor be nominated to facilitate each Portfolio:

· Planning and Environment (Sustainability)

· Community and Relationships (Liveability)

· Economic (Enterprising)

· Infrastructure Waste and Water (Accessibility)

· Governance and Strategy (Leading Organisation)

Extraordinary Council 4 September 2013 Item 3.6

3.6. Committee and Panel - Delegates and Representatives

The Council appoints its delegates/representatives to various committees, panels and associations.

Acting General Manager

Background

Traditionally the Council has appointed individual Councillors to represent it on community committees and other organisations. The table to the recommendation in this report includes each of the committees/organisations to which Council should appoint delegates.

Attached also is the Committee hierarchy indicating the relationship of Advisory Committees and Reference Panels to Council (Attachment 1).

It is suggested that Council should determine the delegate/s and representative/s for the period until September 2014.

S355 and Advisory Committees

S355 and Advisory Committees are established by Council to perform certain functions on behalf of Council. These may include management of assets, performance of services, or joining with other organisations (such as ROCs) to provide larger scale services or projects.

The previous Council worked with community committees managing and maintaining community assets such as cemeteries and halls, developing and adopting guidelines for the accounting, procurements and maintenance of those facilities. A representative of each of those community committees responsible for a particular asset also forms the shire-wide “general halls” or “general cemetery” s355 committee, delegated with authority of Council to undertake certain functions on behalf of Council.

The General Sportsground and Recreation Committee (GSRC) comprising representatives of various sporting groups and with community access interests, was formed to administer applications for funding to renew or upgrade sporting grounds, facilities or access to those sites, from the funds generated by a 5-year special rate variation. The term of that funding expires this financial year. The newly approved special variation is more clearly aligned to Council’s asset management plans and it is recommended that the role currently carried out by this committee under the terms of the former special variation is no longer required and that the S355 General Sportsground Committee established last year with a Councillor delegate would now take on the liaison with Council’s facility management committees in relation to the priority review of Council’s plans in relation to the special variation allocation. The work with sportsground committees is progressing and this committee will be formally constituted this calendar year. Following preparation of Facility Management Plans, the General Hall, General Cemeteries and the proposed General Sportsground Committees, with a representative of the individual management committees, can determine priorities informed by the FMPs for funding and projects from the annual maintenance and upgrade budgets provided by Council. That process assists the equitable treatment of facilities regardless of their management by volunteer committees or Council

The Cultural Planning Committee has played a critical and important role in assisting Council staff and the community develop Council’s Cultural Setting Report and the linked response report. At its last meeting the Cultural Planning Committee considered their core work done and recommended that Council consider the establishment of relevant focus groups from time to time to assist with the achievement of the community outcomes contained in the community strategic plan and cultural response paper. It is therefore recommended that no committee be established at this time and that as required advertisements for members of appropriate focus groups be called.

S355 and Advisory Committees are obliged to observe the adopted code of meeting practice, and where appropriate, members nominate areas of pecuniary interest. The Committees, through staff, publish minutes on Council’s website and are accessible to the public under Government Information Public Access Act (GIPA) legislation. Relevant recommendations of those Committees, relating to financial, asset or policy matters, are reported through staff to Council meetings for consideration.

Reference Panels

Reference panels are appointed by Council from representatives of community and other stakeholders or agencies with relevant expertise, influence or interest in strategic areas, as a sounding board in the development of strategies or plans, or to monitor progress against those strategies and plans.

Portfolio chairs and relevant staff participate in meetings of the panels, and incorporate key opinions and advice of those panels into staff or delegates reports to Council.

Statutory Appointments

Some delegates to organisations other than Council Committees are made by Ministers. These appointments are personal appointments and cannot be altered by the Council. Should a Councillor not be re-elected, the Minister will make an alternate appointment, seeking Council’s advice. Councillors may wish to nominate alternate delegates for some committees.

Section 355 Committee/Panel	Delegate/ Representative 2012/13	Delegate/ Representative 2013/14
Coastal Planning and Management Panel	Cr Britten Cr Hughes (alternate)
General Cemetery Management Committee	Cr Tapscott
General Halls Management Committee	Cr Mawhinney
General Sportsground Committee	Cr Britten
Access Committee	Cr Tapscott

Internal or Community Committee/Panel	Delegate/ Representative 2012/13	Delegate/ Representative 2013/14
Integrated Water Cycle Management reference Panel	Cr Hughes Cr Britten
Community Environment Grants Committee	New Committee	1^st Delegate 2^nd Delegate
Heritage Grants Committee	New Committee	1^st Delegate 2^nd Delegate
Internal Audit Committee	Cr Mawhinney
Police Liaison Committee	Mayor – Cr Taylor	Mayor
Local Traffic Committee Traffic Development Advisory Committee	Cr Fitzpatrick
Cultural Planning Committee Note it is now recommended by this committee that topic specific focus groups be established when appropriate to progress the achievement of outcomes in the community strategic plan and delivery plan which resulted from the adoption of the cultural response paper	Cr Seckold
General Sportsground and Recreation Management Committee Last year of operation 2013/14 Recommended that the nominee to the General Sportsground Committee also chair this committee	Cr Allen Cr Fitzpatrick
Bega Valley Shire "On Track" Committee	Cr Seckold
Bega Valley Medallion Committee	Mayor – Cr Taylor	Mayor
Youth Council	Cr Seckold Cr McBain -

External Groups Committee/Organisation	Delegate/ Representative 2012/13	Delegate/ Representative 2013/14
Southern Councils Group	Mayor – Cr Taylor Cr Allen	Mayor General Manager or alternate delegate
Local Government NSW (was LGSA & Shires Association)	Mayor – Cr Taylor	Mayor 2^nd Delegate 3^rd Delegate
Sapphire Coast Tourism Limited Board	C McBain
Southern Joint Regional Planning Panel (Ministerial Appointment)	Cr Allen Cr Brittne Cr McBain (alternate 1) Vacant (alternate 2)	2 Delegates Alternate Delegate 1 Alternate Delegate 2
South East Arts	Cr Seckold
Bega Valley Bush Fire Management	Cr Allen
Bega Valley Business Forum	Cr Allen
Country Public Library Association	Cr Allen
Mumbulla Foundation	Cr Mawhinney
South East Region Academy of Sport	Cr Seckold
Sapphire Aquatic Ltd Note: Council has now taken over care and control of the facility	Cr McBain Cr Fitzpatrick (alternate)	N/A
Biamanga National Park Ministerial Appointment	Cr Hughes	Cr Hughes
Batemans Marine Park Ministerial Appointment	Cr Hughes	Cr Hughes

Conclusion

The delineation of roles and membership of Committees and Panels broadens the potential membership base and clarifies the relationship of those bodies with Council.

ATTACHMENTS

Nil

Recommendation

1. That Council note the definitions and purpose of Committees and Panels

2. That Council confirm the delegates and alternates to Committees, Panels and Organisations as outlined in the table.

3. That the Councillor/s nominated as Portfolio chairs, be Council delegate to relevant Reference Panels as outlined in the attached Committee and Panel Structure

4. That all the Committees and Organisations listed, be advised of the appointed delegates and that they be requested to forward notice of meetings and the like, directly to the Council appointed delegates

Extraordinary Council 4 September 2013 Item 3.8

3.8. Councillor Development Program

Outlining a proposed Councillor Development Program for the period 2013/14.

Acting General Manager

Background

In the first year of each new Council term, a number of strategic and policy matters are to be reviewed and determined:

· Community Strategic Plan (CSP), and any subsequent effects on Delivery Plan, Resourcing Strategy and Revenue Policy, including proposed rating structures and long term pricing path.

· Policies.

· Organisation Structure.

These matters have now been reported to Council.

A Councillor Induction program was completed by Councillors and Councillors have attended appropriate conferences and seminars as well as participated in weekly workshops, which have included presentations by staff and external groups on a number of topics.

ISSUES

Councillor Development Program

A Councillor Development Plan has been developed for the coming twelve months in consultation with Councillors. The plan will continue to utilise in-house, Division of Local Government (DLG) and Local Government NSW (LG NSW) resources and programs. Councillors have indicated the following subject matters as preference for training for the coming year:

Engaging with the Community	Community Leadership
Financial Issues in Local Government	Handling Difficult People for Councillors
Councillors as Change Initiators	Long Term Strategic and Financial Planning
Planning Legislation Skills and Knowledge	Asset Management
Mediation Skills for Councillors	Effective and Fair Meeting Procedures
Climate Change for Councillors	Conflict of Interest and Model Code of Conduct

It is proposed to run a two day workshop, to be held in the Bega Valley and facilitated by Local Government NSW. It is anticipated it will cost between $8,000 and $10,000 for the program to be run in the Bega Valley. Savings will be achieved in travel and accommodation costs by running the workshops locally. Neighbouring Council’s will be contacted to ascertain if they wish to attend at an appropriate cost to those Council’s.

Councillors are also invited to nominate to participate in various programs during the year, coordinated through the General Manager’s office.

Six Councillors have been nominated to attend the Local Government NSW (LG NSW) conference to be held in October 2013. Councillors will also have the opportunity to attend the Australian Local Government Association (ALGA) National General Assembly held in June each year. Approximate cost per Councillor to attend these events is $2,000 including registration, travel, accommodation and meals.

Attendance at other seminars or conferences will be separately reported and determined at Council meetings. Council covers costs of registration, meals, travel and accommodation.

Financial

The 2013/14 Budget provides for $32,570 for delegates expenses and the professional development of Councillors. This budget area will include any costs for Councillors attendance at meetings as delegates to committees, as resolved following the report to Council scheduled on 4 September 2013 - Committee and Panel - Delegates and Representatives.

Approximately $12,000 has been put aside for Councillor attendance at the Local Government NSW Conference in October and a further $8,000 (dependant on the number of Councillors attending) will be required to attend the ALGA National General Assembly.

Funding source

Amount

Councillors continuing professional development

Delegates expenses

$

12,410

20,160

$

ATTACHMENTS

Nil

Recommendation

That Council note the Councillors Development Program for 2013/14.

Extraordinary Council 4 September 2013 Item 3.9

3.9. Gift Register

Reporting on Council’s Gift Register under Council’s Code of Conduct - Section 2.6.3 Gifts.

Acting General Manager

Background

Council’s Code of Conduct section 2.6.3 Gifts and Benefits, requires Councillors and Council staff to declare any token gifts or benefits received by them during the course of their activities with Council to be declared in Council’s Gift Register.

The Register is maintained by Council’s Executive Assistants and a copy of declarations made in the preceding 12 months is attached (Attachment 1).

ISSUES

Legal

It is a requirement of the NSW Division of Local Government, for all Councils to have a Gift Register and that this be available for inspection.

Policy

The Code of Conduct states:

2.6 Personal benefit

For the purposes of this section, a reference to a gift or benefit does not include a political donation or contribution to an election fund that is subject to the provisions of the relevant election funding legislation.

2.6.1 Token gifts and benefits

Generally speaking, token gifts and benefits include:

a) free or subsidised meals, beverages or refreshments provided in conjunction with:

b) the discussion of official business

c) council work related events such as training, education sessions, workshops

d) conferences

e) council functions or events

f) social functions organised by groups, such as council committees and community organisations.

g) invitations to and attendance at local social, cultural or sporting events

h) gifts of single bottles of reasonably priced alcohol to individual council officials at end of year functions, public occasions or in recognition of work done (such as providing a lecture/training session/address)

i) ties, scarves, coasters, tie pins, diaries, chocolates or flowers.

2.6.2 Gifts and benefits of value

Notwithstanding section 2.6.1, gifts and benefits that have more than a token value include, but are not limited to, tickets to major sporting events (such as state or international cricket matches or matches in other national sporting codes (including the NRL, AFL, FFA, NBL), corporate hospitality at a corporate facility at major sporting events, discounted products for personal use, the frequent use of facilities such as gyms, use of holiday homes, free or discounted travel.

2.6.3 Gifts and benefits

You must not:

a) seek or accept a bribe or other improper inducement

b) seek gifts or benefits of any kind

c) accept any gift or benefit that may create a sense of obligation on your part or may be perceived to be intended or likely to influence you in carrying out your public duty

d) accept any gift or benefit of more than token value

e) accept an offer of money, regardless of the amount.

Where you receive a gift or benefit of more than token value that cannot reasonably be refused or returned, this must be disclosed promptly to your supervisor, the Mayor or the General Manager. The recipient, supervisor, Mayor or General Manager must ensure that any gifts or benefits of more than token value that are received are recorded in a Gifts Register. The gift or benefit must be surrendered to council, unless the nature of the gift or benefit makes this impractical.

You must avoid situations giving rise to the appearance that a person or body, through the provision of gifts, benefits or hospitality of any kind, is attempting to secure favourable treatment from you or from the council.

You must take all reasonable steps to ensure that your immediate family members do not receive gifts or benefits that give rise to the appearance of being an attempt to secure favourable treatment. Immediate family members ordinarily include parents, spouses, children and siblings.

Conclusion

The Gift Register has been maintained and is an accurate record of declarations of any token gifts or benefits received by Councillors and Staff. Non-token gifts are held for the benefit of the Goodwill Committee to raise fund for local charities

ATTACHMENTS

1 View. Gift Register 17 September 2012 to 27 August 2013

Recommendation

That Council note the Gift Register activities since September 2012.

Extraordinary Council	4 September 2013
*Item 3.9 - Attachment 1*	*Gift Register 17 September 2012 to 27 August 2013*

Date Received	Description and Value	Donor	Recipient	Proceeds to which Charity or action taken
17/10/12	Picnic Set in Bag - $30 Coffee Mug - $10	Australian Construction Products	Richard Cunningham	To be used for Goodwill raffle
29/10/12	Book “The REX Story – the First 10 Years	REX	Mayor Bill Taylor	Kept in the Mayor’s office for public viewing.
29/10/12	Book “The REX Story – the First 10 Years	REX	Cr Allen	Donated to the Library
7/11/12	Bottle of Wine $15	Stabilised Pavements of Australia	Graeme Williams	Used in Goodwill Xmas raffle
12/11/12	Hat - $10	Headquarters First Australian Task Force (HQIATF)	Cr Bill Taylor, Mayor	Used in Goodwill Xmas raffle
20/11/12	Cap – Asbestos awareness - $10	Asbestos Awareness	Cr Bill Taylor, Mayor	Used in Goodwill Xmas raffle
28/11/12	Koori Heritage Stories $10	Koori Heritage Stories	Cr Bill Taylor, Mayor	Kept in the Mayor’s office for public viewing
28/11/12	2013 Diary - $20	Ms Deanne Ford from Xylem Pty Ltd (ITT Flyght)	Robert Sweeney Water & Sewerage Tech Services	Kept for work purposes as contained specific water sewer information
28/11/12	2013 Diary - $20	Ms Deanne Ford from Xylem Pty Ltd (ITT Flyght)	Bob Lambert Water & Sewerage Tech Services	Kept for work purposes as contained specific water sewer information
6/12/12	Xmas Hamper - $50	Mobile Crushing	James Downes’ Construction Team	Used in the Goodwill Xmas Raffle
12/12/12	Xmas pudding - $20	OSC -	Paul Clayson	Used in the Goodwill Xmas Raffle
14/12/12	Phone Headset - $10	Small Business Information Van	Glen Harper	Kept for work use
18/12/12	Boxed Bottle of Wine - $20	Opteon	Peter Tegart	Used in the Goodwill Xmas Raffle
18/12/12	Boxed 2 x Bottles of Wine - $40	Opteon	Michelle Preo and Theresa Smith	Used in the Goodwill Xmas Raffle
20/12/12	Family pass Cobargo Folk Festival $200	Cobargo Folk Festival	Rebecca Bogie	Offer declined – declaration made due to the value of the gift offered.
20/12/12	Free Coffee Voucher - $4	McDonalds	Cr Bill Taylor	Donated to goodwill raffle
21/12/12	Christmas Gift Box - $25	MGET	Kaye Grenfell	Perishable goods consumed by section. Wine donated to the next Goodwill raffle
9/1/12	Carton of Beer $45	Eden Cricket Club	Eden Town Team	Donated to goodwill raffle
20/2/13	Bottle of Wine $15	Animal Welfare League	Ron Mudie	Donated to goodwill raffle
20/2/13	Diary $10	RSM Bird Cameron	Cr Hughes	Donated to goodwill raffle
15/3/13	Repco Gift Card - $150	Repco	Purchasing	Donated to goodwill raffle
22/3/13	Italian Liqueur - $40	Mr Finchenzia – Library User	All library staff	Used for Library Christmas function
22/3/13	USB stick - $5	U3A	Linda Albertson	Donated to goodwill raffle
30/5/13	Basket of Produce - $50	Crop pollination conference	Cr Fitzpatrick	Donated to the Goodwill Raffle
6/6/13	Wine and Chocolates - $25	Records Management Conference	Suzanne Charnock	Wine Donated to the Goodwill Raffle, chocolate shared by staff members due to the perishable nature
18/6/13	Box of Chocolates - $50	Recoveries and Reconstructions.	Finance Staff	Goods shared by staff members due to the perishable nature

Extraordinary Council 4 September 2013 Item 3.10

3.10. Pecuniary Interest Returns and Declarations

Councillors and “Designated People” are required to complete Pecuniary Interest Returns under Section 449 of the Local Government Act.

General Manager

Background

The Local Government Act requires Councillors, the General Manager, Group and Managers and people nominated by the Council as “designated persons” to complete Pecuniary Interest Returns. A number of changes to the Act and Regulations were made in 2012:

• Section 448 of the LGA set out interests that do not have to be disclosed by councillors, designated persons, members of council committees and council advisers.

• Section 448 previously referred to any duties of disclosure under Chapter 14 but has been amended to refer only to duties of disclosure under Part 2 of that Chapter.

• Section 451 has been amended to authorise councillors to be present, take part in a meeting, and vote on a matter in which they have a pecuniary interest if:

o the matter relates to the making, amendment or alteration of an environmental planning instrument that applies to the whole or a significant part of the Council’s area, and

o they have made a special disclosure of the pecuniary interest

• The special disclosure of pecuniary interest must be in the form prescribed by the regulations and laid on the table at a meeting of the council as soon as practicable after the disclosure is made.

Committee Members

Although the Council has traditionally not “designated” members of its various community committees and it is not envisaged that it will, the obligations under the Act still apply to them. That is to say, Committee members are required to observe the pecuniary interest provisions of the Local Government Act and declare an interest and not vote on matters in which they have a pecuniary interest. They must also leave the room in which the meeting is being held after declaring an interest. All Council Committees are aware of this provision of the legislation.

All Council and Committee meetings are required to follow the Code of Meeting Practice.

Councillors

Councillors are required to lodge a return under Section 449 and the recommendation provides accordingly.

Councillors are asked to note that the form of the Pecuniary Interest Returns is covered by Regulation. Each section of the Return must be answered. Officers of the Division of Local Government may make inspections from time to time.

Recent amendments to the Local Government Act enable Councillors participation in all elements of decision making relating to the exhibition and adoption of the Local Environment Plan (LEP) and Development Control Plan (DCP).

Independent Audit Committee

Members of the community appointed to Council’s Independent Audit Committee, are required to lodge a return under Section 449 and the recommendation provides accordingly: Current members of the Independent Audit Committee are:

· Mr Geoff Steel

· Mr Terrence Bunn

Designated Person

The following list represents officers of the Council who have (or their positions have) previously been “designated” by the Council as officers required to submit a Pecuniary Interest Return:

Barnes, Leanne	Harper, Glenn	Robinson, Steve
Blacka, Annadale	Herbert, Anne	Sandford, Mike
Bogie, Rebecca	Hicks, Rodney	Sartori, Wayne
Browne Toby	Jay, Lyn	Scarpin, Lucas
Campbell, Sheralyn	Madigan, Danny	Schweitzer, Simon
Collins, Jim	Miles, Peter	Scroop, Ben
Cowgill, Kylie	Morrison, Andrew	Slade, Colin
Churchward, Nina	Murray, James	Slapp, Rob
Cunningham, Richard	Daniel Murphy	Smith, Theresa
Dale, Ron	Nepal, Pankaj	Stewart, Andrew
Dixon-Keay, Jamie	Newton, Peter	Tegart, Peter
Donne, Jeff	O’Donnell, Greg	Thomson, Sophie
Flanagan, John	Osborn, Brett	Tipping, Jeff
Fowler, Mark	Parker, Darrell	Tull, Keith
Franic, Michael	Powell, Bruce	Van Bracht, Derek
Griffin, Christine	Preo, Michelle	Van Tilburg, Michael
Hankinson, Mark	Pyke, Jonathon	Williams, Graeme
Hampshire, Jill	Quick, Robert	Woodley, Andrew
Hancock, Cecily	Raward, Ros

Inspection of Returns

Pecuniary Interest Returns are available for inspection by the public through the Government Information Public Access Act (GIPA) Act (GIPA Act guidelines 1: local councils).

A report advising the receipt of declarations will be presented at Council meeting following the 30 September deadline for submission of these returns.

ATTACHMENTS

Nil

Recommendation

1. That Councillors note that they are required to lodge Pecuniary Interest Returns under Section 449 of the Local Government Act.

2. That members of the Independent Audit Committee and the officers of the Council listed in the report submitted on 4 September 2013 be “designated persons” under the provisions of the Local Government Act requiring them to submit a Pecuniary Interest Return.

Welcome to Country

Prayer for the nation

Extraordinary Council	4 September 2013
*Item 3.1 - Attachment 2*	*Nomination Papers Mayor Extraordinary Council Meeting September 2013*

Extraordinary Council	4 September 2013
*Item 3.2 - Attachment 1*	*Nomination Papers for Deputy Mayor Extraordinary Meeting September 2013*

Extraordinary Council	4 September 2013
*Item 3.7 - Attachment 1*	*Part 1 Delegations - Delegations to the Mayor and General Manager and Committees*