|
Extraordinary MEETING NOTICE AND AGENDA An Extraordinary Meeting of the Bega Valley Shire Council will be held at Council Chambers, Bega on Wednesday, 18 December 2013 commencing at 10.00 am to consider and resolve on the matters set out in the attached Agenda. Leanne Barnes Acting General Manager
13 December 2013
|
PUBLISHING OF AGENDAS AND MINUTES
The Agendas for Council Meetings and Council Reports for each meeting are available from 5.00 pm one week prior to each Ordinary Meeting, on Council’s website. A hard copy is also made available to each Library Branch and at the Bega Administration Building reception desk.
The Minutes of Committee and Council Meetings are available from 5.00pm on Council's Web Site on the Friday after the Meeting on Councils website and hard copies distributed with the Agenda for the following 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 General Manager for his 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, with amendments by Councillors if necessary, at the next available Council Meeting.
If you require any further information or clarification regarding a report to Counci, please contact Council’s Executive Assistant who can provide you with the appropriate contact details
Phone (6499 2104) or email execassist@begavalley.nsw.gov.au.
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 |
|
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 |
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.
AGENDA
1 Apologies and requests for leave of absence
2 Declarations
Pecuniary, Non-Pecuniary and Political Donation Disclosures to be declared and tabled.
3 Staff Reports – Leading Organisation
In accordance with Council’s Code of Meeting Practice, this section of the agenda will be chaired by Councillor Surname
3.1 General Manager's Conditions of Employment procedure ............. 7
4.... Confidential Business
Adjournment Into Closed Session.............................................................. 11
4.1 Appointment of General Manager
This report is confidential in accordance with section 10A (2) (a) of the Local Government act 1993 as the report contains personnel matters concerning particular individuals.
5 Adoption of reports from Closed Session
6 Resolutions to declassify reports considered in closed session
Extraordinary Council 18 December 2013
staff reports – leading organisation (governance and strategy)
18 December 2013
In accordance with Council’s Code of Meeting Practice (2011), this section of the agenda will be chaired by Councillor Mawhinney.
3.1 General Manager's Conditions of Employment procedure ........ 7
3.1. General Manager's Conditions of Employment procedure
The General Manager’s Conditions of Employment procedure provides direction regarding additional conditions that are available to the General Manager which are not included in the Division of Local Government (DLG) General Contract of Employment.
Workforce and Administration Manager
Background
The Division of Local Government and the Department of Premier and Cabinet provide direction regarding the employment of General Managers in their Guidelines for the Appointment and Oversight of General Managers. These are Director General’s Guidelines issued pursuant to section 23A of the Local Government Act 1993.
The Standard Contract of Employment for General Managers of Local Councils in New South Wales is inclusive of these Guidelines which outlines several conditions of employment.
Further to the conditions of employment set out in the contract; Council has adopted additional Procedures as part of its Terms and Conditions of Employment Policy 5.04 that are also relevant to the employment of the General Manager. This procedure has been developed to administer the additional conditions of employment for the General Manager.
Conclusion
The General Manager’s Conditions of Employment procedure will provide direction to administer the additional conditions made available to them as part of their employment with the Bega Valley Shire Council. This procedure requires formal adoption by Council prior to being made available to the successful candidate following the recruitment process.
ATTACHMENTS
1View. Procedure for General Manager Conditions of Employment
|
That Council endorses the General Manager’s Conditions of Employment procedure. |
|
18 December 2013 |
|
|
Item 3.1 - Attachment 1 |
Procedure for General Manager Conditions of Employment |
|
Procedure 5.04.32 |
General Manager Conditions of Employment |
|
Department |
Executive |
|
Responsible Officer |
Executive Assistant |
|
Version |
1 |
|
Approved by Council |
|
|
Next revision |
12 months |
Background
The Division of Local Government and the Department of Premier and Cabinet provide direction regarding the employment of General Managers in their Guidelines for the Appointment and Oversight of General Managers. These are Director General’s Guidelines issued pursuant to section 23A of the Local Government Act 1993.
The Standard Contract of Employment for General Managers of Local Councils in New South Wales is inclusive of these Guidelines which outlines several conditions of employment including:
· Term of employment
· Renewal of appointment
· Duties and functions
· Performance agreement and review
· Remuneration
· Leave
· Termination
· Termination Payments
· Expenses and credit cards
· Intellectual property
· Confidential
information
Additional employment entitlements
Further to the conditions of employment set out in the contract; Council has
adopted additional Procedures as part of the Terms and Conditions of Employment
Policy 5.04 that are also relevant to the employment of the General Manager.
These are:
· Telephone expenses 1.2.1 (j)
http://www.begavalley.nsw.gov.au/Your_Council/Policies/procedures/1-2-1j.pdf
The General Manager may be eligible to receive reimbursement of a landline telephone rental if they are able to demonstrate they reside in an area without an adequate mobile network signal.
· Work Related Vehicle Management 1.3.3(r) http://www.begavalley.nsw.gov.au/Your_Council/Policies/procedures/1-3-3r.pdf
The General Manager is entitled to a Benefit Related Vehicles (BRVs) which can be exchanged for an allowance if they choose to use their own vehicle.
· Relocation expenses 1.2.1(aj)
http://www.begavalley.nsw.gov.au/Your_Council/Policies/procedures/1-2-1aj.pdf
Reasonable expenses for the removal of furniture and effects on taking up an appointment may be paid by Council. Three quotations are to be submitted and the reimbursement will be based on the lowest quote. Fifty percent of any re-imbursement will be repayable to Council in the event that the employee terminates their employment within two years of commencement.
Council may subsidise accommodation rental expenses of up to $200 per week for a maximum period of six months. The amount and period of the subsidy is at the discretion of the Mayor.
· Salary packaging 1.2.1 (at)
http://www.begavalley.nsw.gov.au/Your_Council/Policies/procedures/1-2-1at.pdf
Salary packaging options are available to the General Manager. The salary packaging options are managed externally by EPAC. EPAC conduct information sessions regarding the approved items/products available for salary packaging, establishing, administration (including FBT) and monitoring of each individual employee’s salary packaging arrangement.
· Provision of mobile phones and
desktop/laptop computers and tablets
The General Manager will be provided with either a laptop or desktop and tablet with internet, email and business paper capacity and other support equipment such as printers. Applications that are placed on the tablets are to be authorised for corporate use.
Council can provide the General Manager with a mobile phone which includes payment of phone charges. This phone will not necessarily be a smart phone. If the General Manager would like to use their own phone they are able to do this under the Bring Your Own Device (BYOD) procedure that Council has in place. Council will reimburse up to $80 per month of their phone contract.
Approval of additional employment conditions and contract of employment
Delegation for the negotiation, approval of additional employment conditions and the General Managers employment contract are held by the Mayor of the Bega Valley Shire Council.
Confidential Business
Adjournment Into Closed Session
In accordance with the Local Government Act 1993, and the Local Government (General) Regulation 2005, in the opinion of the General manager, the following business is of a kind as referred to in Section 10A(2) of the Act, and should be dealt with in a Confidential Session of the Council meeting closed to the press and public.
RECOMMENDATIONThat Council adjourn into Closed Session and members of the press and public be excluded from the meeting of the Closed Session, and access to the correspondence and reports relating to the items considered during the course of the Closed Session be withheld unless declassified by separate resolution. This action is taken in accordance with Section 10A(2) of the Local Government Act, 1993 as the items listed come within the following provisions: 4.1 Appointment of General Manager Reason for Confidentiality This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act, which permits the meeting to be closed to the public for business relating to (a) the report contains personnel matters concerning particular individuals.
|
