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OrdinaryMeeting Notice and Agenda
An Ordinary Meeting of the Bega Valley Shire Council will be held at Council Chambers, Biamanga Room Bega Valley Commemorative Civic Centre Bega on Wednesday, 13 September 2023 commencing at 2:00pm to consider and resolve on the matters set out in the attached Agenda.
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Council meetings are recorded and live streamed to the Internet for public viewing. By entering the Chambers during an open session of Council, you consent to your attendance and participation being recorded.
The recording will be archived and made available on Council’s website www.begavalley.nsw.gov.au. All care is taken to maintain your privacy; however as a visitor of the public gallery, your presence may be recorded.
The Agendas for Council Meetings and Council Reports for each meeting will be available to the public on Council’s website as close as possible to 5.00 pm on the Thursday prior to each Ordinary Meeting. A hard copy is also made available at the Bega Administration Building reception desk and on the day of the meeting, in the Council Chambers.
The Minutes of Council Meetings are available on Council's Website as close as possible to 5.00 pm on the Monday after the Meeting.
1. Please be aware that the recommendations in the Council Meeting Agenda are recommendations to the Council for consideration. They are not the resolutions (decisions) of Council.
2. Background for reports is provided by staff to the Chief Executive Officer for presentation to Council.
3. The Council may adopt these recommendations, amend the recommendations, determine a completely different course of action, or it may decline to pursue any course of action.
4. The decision of the Council becomes the resolution of the Council, and is recorded in the Minutes of that meeting.
5. The Minutes of each Council meeting are published in draft format, and are confirmed by Councillors, with amendments if necessary, at the next available Council Meeting.
If you require any further information or clarification regarding a report to Council, please contact Council’s Executive Assistant who can provide you with the appropriate contact details
Phone (02 6499 2222) or email execassist@begavalley.nsw.gov.au.
· 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?
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 1993 and Office of Local Government
· Non-pecuniary – regulated by Codes of Conduct and policy. ICAC, Ombudsman, Office 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.
· 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.
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?
For more detailed definitions refer to Sections 442, 448 and 459 or the Local Government Act 1993 and Bega Valley Shire Council (and Model) Code of Conduct, Part 4 – conflict of interest.
Whilst seeking advice is generally useful, the ultimate decision rests with the person concerned.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.
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Contact |
Phone |
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Website |
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Bega Valley Shire Council |
(02) 6499 2222 |
council@begavalley.nsw.gov.au |
www.begavalley.nsw.gov.au |
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ICAC |
8281 5999 Toll Free 1800 463 909 |
icac@icac.nsw.gov.au |
www.icac.nsw.gov.au |
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Office of Local Government |
(02) 4428 4100 |
olg@olg.nsw.gov.au |
http://www.olg.nsw.gov.au/ |
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NSW Ombudsman |
(02) 8286 1000 Toll Free 1800 451 524 |
nswombo@ombo.nsw.gov.au |
Under the provisions of Section 451(1) of the Local Government Act 1993 (pecuniary interests) and Part 4 of the Model Code of Conduct prescribed by the Local Government (Discipline) Regulation (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.
The following form should be completed and handed to the Chief Executive Officer as soon as practible once the interest is identified. Declarations are made at Item 3 of the Agenda: Declarations - Pecuniary, Non-Pecuniary and Political Donation Disclosures, and prior to each Item being discussed:
Council meeting held on __________(day) / ___________(month) /____________(year)
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Item no & subject |
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Pecuniary Interest
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In my opinion, my interest is pecuniary and I am therefore required to take the action specified in section 451(2) of the Local Government Act 1993 and or any other action required by the Chief Executive Officer. |
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Significant Non-pecuniary conflict of interest |
– In my opinion, my interest is non-pecuniary but significant. I am unable to remove the source of conflict. I am therefore required to treat the interest as if it were pecuniary and take the action specified in section 451(2) of the Local Government Act 1993. |
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Non-pecuniary conflict of interest |
In my opinion, my interest is non-pecuniary and less than significant. I therefore make this declaration as I am required to do pursuant to clause 5.11 of Council’s Code of Conduct. However, I intend to continue to be involved with the matter. |
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Nature of interest |
Be specific and include information such as : · The names of any person or organization with which you have a relationship · The nature of your relationship with the person or organization · The reason(s) why you consider the situation may (or may be perceived to) give rise to a conflict between your personal interests and your public duty as a Councillor. |
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If Pecuniary |
Leave chamber |
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If Non-pecuniary (tick one) |
Disclose & vote Disclose & not vote Leave chamber |
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Reason for action proposed |
Clause 5.11 of Council’s Code of Conduct provides that if you determine that a non-pecuniary conflict of interest is less than significant and does not require further action, you must provide an explanation of why you consider that conflict does not require further action in the circumstances |
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Print Name |
I disclose the above interest and acknowledge that I will take appropriate action as I have indicated above. |
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Signed |
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NB: Please complete a separate form for each Item on the Council Agenda on which you are declaring an interest.
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Council |
13 September 2023 |
Statement of Ethical Obligations
Recommendation
That the Minutes of the Ordinary Meeting held on 23 August 2023 as circulated, be taken as read and confirmed.
Pecuniary, Non-Pecuniary and Political Donation Disclosures to be declared and tabled. Declarations also to be declared prior to discussion on each item.
10.1 Election of Mayor............................................................................................................................. 8
10.2 Election of Deputy Mayor............................................................................................................. 15
Representations by members of the public regarding closure of part of meeting
Adjournment Into Closed Session, exclusion of the media and public Error! Bookmark not defined.
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Council |
13 September 2023 |
Staff Reports – Business and Governance
13 September 2023
10.1 Election of Mayor.................................................................................................. 8
10.2 Election of Deputy Mayor................................................................................... 15
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Council 13 September 2023 |
Item 10.1 |
Council is required to elect a Councillor as Mayor in keeping with Section 225 of the Local Government Act and the General Regulation.
Chief Executive Officer
1. That the election of Mayor for the period 13 September 2023 until 14 September 2024 proceed as outlined in the report with appropriate resolutions.
2. That the election of the Mayor for the period 13 September 2023 until 14 September 2024 proceed by voting by way of either:
· ordinary ballot, OR
· preferential ballot, OR
· open voting by way of show of hands
3. That should there be more than one Mayoral candidate, each Mayoral candidate is provided the opportunity to speak to their nomination for five minutes with the order of speakers to be based on the order in which the nominations were received.
4. 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 14 September 2024 be destroyed.
5. That the Chief Executive of the Office of Local Government and the Chief Executive of the Local Government NSW be advised of the result of the election of the Mayor for the period from 13 September 2023 until 14 September 2024.
Executive Summary
The election of the Mayor is to proceed in accordance with Schedule 7 of the Local Government (General) Regulation 2021. Schedule 7 has been included as Attachment 1 for information and reference.
Background
Part 2 Section 2 of the Local Government act 1993 outlines the provisions surrounding the role of Mayor.
Bega Valley Shire Council currently has a Councillor elected Mayor and at the 4 December 2021 Local Government Elections a constitutional referendum was conducted to determine if this would remain the method of determining the Mayor into the future after the current term of Council. The outcome of the referendum was that at the next Council election the community will elect the Mayor for the subsequent term of Council.
The election of the Mayor is to proceed in accordance with Schedule 7 of the Local Government (General) Regulation 2021.
The election is to be conducted by the Chief Executive Officer or in his absence, a delegate of the Chief Executive Officer.
Nominations for this election can be via hard copy or electronic form (e-form).
If a nomination is via e-form the following will apply:
· E-forms will have security and confidentiality applied. Only Councillors will have access to the electronic form link.
· Nominators will receive a confirmation of their e-form nomination immediately after submission via email.
· An e-form nomination will be accepted only when endorsement has been received via email to the Chief Executive Officer from the nominator, seconder and nominee.
Mayors elected by Councillors normally hold their office for two years (unless a casual vacancy occurs). Because of the postponement of the ordinary council elections to 4 December 2021, Mayors elected by Councillors during this term have a shorter term than the usual two years.
Council’s that elect their Mayors are required under the Act to hold mid-term Mayoral elections in the month of September. This means that the mid-term Mayoral elections will need to be held in September 2023. The Mayor elected at this election will hold their office until the day of the Council’s next ordinary election in September 2024 when their civic office as a Councillor and Mayor will expire.
Role of the Mayor
The Local Government Act 1993 Number 30, section 226 Role of the Mayor, reads:
226 Role of Mayor
The role of the Mayor is as follows:
(a) to be the leader of the council and a leader in the local community,
(b) to advance community cohesion and promote civic awareness,
(c) to be the principal member and spokesperson of the governing body, including representing the views of the council as to its local priorities,
(d) to exercise, in cases of necessity, the policy-making functions of the governing body of the council between meetings of the council,
(e) to preside at meetings of the council,
(f) to ensure that meetings of the council are conducted efficiently, effectively and in accordance with this Act,
(g) to ensure the timely development and adoption of the strategic plans, programs and policies of the council,
(h) to promote the effective and consistent implementation of the strategic plans, programs and policies of the council,
(i) to promote partnerships between the council and key stakeholders,
(j) to advise, consult with and provide strategic direction to the general manager in relation to the implementation of the strategic plans and policies of the council
(k) in conjunction with the general manager, to ensure adequate opportunities and mechanisms for engagement between the council and the local community,
(l) to carry out the civic and ceremonial functions of the mayoral office,
(m) to represent the council on regional organisations and at inter-governmental forums at regional, State and Commonwealth level,
(n) in consultation with the councillors, to lead performance appraisals of the general manager,
(o) to exercise any other functions of the council that the council determines.
Options
There are no options to consider pertaining to this report.
Community and Stakeholder Engagement
As outlined in the background of this report a constitutional referendum was undertaken at the time of the Councill election to determine how the Mayor would be determined in the future. The outcome of the referendum was that at the next Council election the community will elect the Mayor for the subsequent term of Council.
Engagement undertaken
There has been no engagement undertaken associated with this report.
Engagement planned
There is nothing in legislation to either preclude or support an opportunity for Mayoral candidates to speak to their nomination as Mayor. It is recommended that Council provide an opportunity for Mayoral candidates to speak for five minutes to their Mayoral nomination.
Financial and Resource Considerations
There are no financial and resource considerations associated with this report.
Legal /Policy
Local Government Act 1993 No 30
Impacts on Strategic/Operational/Asset Management Plan/Risk
Strategic Alignment
This report aligns with outcome 6 of the current community strategic plan: Strong Consultative Leadership and goal 11: We are an informed and engaged community with a transparent, consultative and responsive Council.
Environment and Climate Change
There are no environment and climate change considerations pertaining to this report.
Economic
There are no economic considerations associated with this report.
Risk
There are no risks to consider associated with this report.
Social / Cultural
There are social/cultural considerations associated with this report.
Attachments
1⇩. Nomination form for the position of Mayor 2023
2⇩. Schedule 7 - Election of Mayor by Councillors
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Item 10.2 |
10.2. Election of Deputy Mayor
The Council has traditionally elected a Deputy Mayor under Section 231 of the Local Government Act 1993.
Chief Executive Officer
1. That Council resolve to elect a Deputy Mayor until 14 September 2024.
2. That the election of Deputy Mayor for the period 13 September 2023 until 14 September 2024 proceed as outlined in the report with appropriate resolutions.
3. That the election of the Deputy Mayor for the period 13 September 2023 until 14 September 2024 proceed by voting by way of either:
· ordinary ballot, OR
· preferential ballot, OR
· open voting by way of show of hands
4. 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 2024 be destroyed.
5. That the Chief Executive of the Office of Local Government and the Chief Executive of the Local Government NSW be advised of the result of the election of the Deputy Mayor for the period 13 September 2023 until 14 September 2024.
Executive Summary
As outlined in this report Council has the opportunity to determine if it wishes to appoint a Deputy Mayor in accordance with the provisions of the Local Government Act.
Background
The Local Government Act 1993 at section 231 states:
231 Deputy Mayor
(1) The councillors may elect a person from among their number to be the deputy mayor.
(2) The person may be elected for the mayoral term or a shorter term.
(3) The deputy mayor may exercise any function of the mayor at the request of the mayor or if the mayor is prevented by illness, absence or otherwise from exercising the function or if there is a casual vacancy in the office of mayor.
(4) The councillors may elect a person from among their number to act as deputy mayor if the deputy mayor is prevented by illness, absence or otherwise from exercising a function under this section, or if no deputy mayor has been elected.
Nominations can be made prior to the meeting or from the floor on the day.
Bega Valley Shire has traditionally elected a Deputy Mayor. Operationally it has been appropriate to have an elected Deputy Mayor to support the Mayor with civic duties and to undertake key civic activities when the Mayor is out of the Shire.
The Council therefore must resolve whether it wishes to elect a Deputy Mayor. The first recommendation of this report must be considered prior to determining the election of a Deputy Mayor if so resolved.
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.
Nominations for this election can be via hard copy or electronic form (e-form).
If nomination via e-form the following will apply:
· E-forms will have security and confidentiality applied. Only Councillors will have access to the electronic form link.
· Nominators will receive a confirmation of their e-form nomination immediately after submission via email.
An e-form nomination will be accepted only when endorsement has been received via email to the Chief Executive Officer from the nominator, seconder and nominee.
Options
Council can either elect not to have a Deputy Mayor or to have a Deputy Mayor that aligns with the term of Mayor or a shorter term.
If Council resolves to appoint Deputy Mayor the following process should be followed:
1. If only one nomination for the office of Deputy Mayor is received, the Returning Officer (Chief Executive Officer) will declare that Councillor elected to the office of Deputy Mayor for the period determined by Resolution. 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 13 September 2023 to 14 September 2024 proceeds 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 2024 be destroyed.
5. The Regulation provides for the Office of Local Government and Local Government NSW to be informed of the results of the election. An appropriate Motion would be:
That the Chief Executive of the Office of Local Government and the Chief Executive of Local Government NSW be advised of the result of the election of the Deputy Mayor for the period ending to September 2024.
Community and Stakeholder Engagement
There are no community and stakeholder engagement considerations associated with this report.
Engagement undertaken
There has been no engagement undertaken associated with this report.
Engagement planned
There is no engagement planned associated with this report.
Financial and Resource Considerations
There are no financial and resource considerations pertaining to this report.
Legal /Policy
Local Government Act 1993 No 30 Clause 223
Impacts on Strategic/Operational/Asset Management Plan/Risk
Strategic Alignment
There are no Strategic Alignment considerations pertaining to this report.
Environment and Climate Change
There are no Environment and Climate Change considerations associated with this report.
Economic
There are no Economic considerations associated with this report.
Risk
There are no Risks to consider associated with this report.
Social / Cultural
There are no Social/Cultural considerations associated with this report.
Attachments
1⇩. Nomination form for the position of Deputy Mayor 2023
