Presented to Moorabool Shire Council by Terry Bramham Macquarie - - PowerPoint PPT Presentation

Presented to Moorabool Shire Council by Terry Bramham Macquarie Local Government Lawyers 9 November 2016

 Local Government is part of the 3-tiered

government structure operating in Australia

 As with federal and state parliaments, decisions

• f Councils must be made in a formal setting

 Compliance with meetings procedure ensures

uniform and orderly decision-making

 Meetings procedure is the mechanism for

governing governing the conduct of meetings

 For local government, the Local Government

Act 1989 and each Council’s relevant local law determine the meetings procedure for meetings of Council and special committees

 A Council must

must make local laws local laws governing the conduct of meetings of the Council (and special and special committees committees) (s91(1) LGA)

 Open and closed, ordinary and special,

Council meetings

 Meetings of special committees  Does not

not apply to:

• Advisory or audit committee meetings

Advisory or audit committee meetings

• Council staff exercising delegated authority

Council staff exercising delegated authority

• Assemblies of

Assemblies of Councillors (Councillor briefings) Councillors (Councillor briefings)

 Mayor to chair all meetings of the Council  New functions of Mayor (s73AA) extend to –

• guiding Councillors about conduct
• supporting good working relations between Councillors
• reinforcing with Councillors their statutory role obligation

to observe principles of good governance and act with integrity

 Primary role is to conduct the business of the

meeting and to preserve order under the LGA and meetings procedure local law

 The Chairperson must therefore understand

the legislative requirements and be familiar with the agenda items

 To maintain impartiality and respect, the

Chairperson should avoid debating motions and making concluding remarks

 Disclosure to occur either

either –

• to CEO in writing before

in writing before the meeting advising –  type type of interest (direct or indirect)  class class of interest if indirect (1 of 6)  description of description of the nature the nature of the interest and

• at the meeting, stating the class of the interest only
• to Council at the meeting immediately before consideration of the

matter stating –  type type of interest (direct or indirect)  class class of interest if indirect (1 of 6)  description of description of the nature the nature of the interest

 Exit from chamber  Minutes to record

 Direct Interest (s77B)

• Reasonable likelihood of direct altering of person’s

circumstances

 Indirect Interests –

• close association (s78)
• indirect financial interest (s78A)
• conflicting duties (s78B)
• receipt of applicable gift (s78C)
• becoming an interested party (s78D)
• impact on residential amenity (s78E)

 Conflicting personal interest  Interests

 Personal interest in conflict with public duty  Discretionary

Discretionary application for exemption from voting (negated by voting no longer mandatory)

 Council may not unreasonably refuse  Deemed conflict of interest if application approved  No criminal consequences

 Natural justice/procedural fairness  Applies only where a person’s rights are

affected

 Bias caused by pre-determination  Possible civil consequences

 At an ordinary meeting, general and urgent

business of the Council may be transacted

 At a special meeting, only the business

specified in the notice calling the meeting may be transacted unless all all Councillors are present and unanimously unanimously agree to deal with additional business

 Meetings must be open to the public - s89(1)  Unl

Unless ss Council has resolved resolved to close the meeting (‘go into camera’) if discussing –

• personnel matters
• the personal hardship of any resident or ratepayer
• industrial matters
• contractual matters
• proposed developments
• legal advice
• matters affecting the security of Council property
• any other matter which could prejudice the Council or any person
• a resolution to close the meeting to members of the public – s89(2)

 The reason for closure must be recorded in the minutes of the

meeting - s89(3)

 One vote entitlement save for Mayor if voting equal  Voting no longer compulsory*  Show of hands  No secret voting at open meetings  Majority of Councillors present

present voting in the affirmative required to make decision – abstaining Councillors counted

 Second (casting) vote of Chairperson if affirmative votes

half the number of Councillors present

 Recommendation

Recommendation – contained in an officer report

 Motion

Motion – moved by a Councillor

 Resolution

Resolution – the decision of the Council

A motion can –

 be carried  be lost  be withdrawn, or  lapse

 A matter cannot be debated by the meeting until first

moved by a motion

 A further motion cannot be moved until the previous

motion is disposed of

 A motion must be moved and seconded  A motion can be amended  If carried, a motion becomes a resolution

 An amendment to a motion being debated must be

considered by the meeting if –

• it is moved and seconded by two Councillors who have not

already debated the motion

• it does not contradict the motion

 Debate cannot resume on the motion until the

amendment is disposed of by either being carried

• r lost

 A carried amendment will alter the motion which

must continue to be debated until voted on

 A foreshadowed motion is a proposed

alternate motion to the one being considered by the meeting

 It has no status in the meeting  It is commonly relied on to flag to other

Councillors for support that an alternate motion will be proposed if the one being considered by the meeting is defeated

 Debate may commence after a motion has been

moved and seconded

 The mover and seconder speak first unless they

request to defer speaking

 All Councillors may speak for or against the motion  Unless the motion is amended, the mover has a

right of reply

 A point of order is an allowable interjection which

directs the Chairperson’s attention to an apparent

• r alleged breach of meetings procedure (LGA or

local law)

 The Chairperson must stop the meeting (including

interrupting a speaker) and rule on the point of

• rder, either upholding or dismissing the point of
• rder

 A point of order must be genuinely raised

 The local law will prescribe the behaviour required

• f Councillors and visitors

 Some local laws make it an offence for a breach  Either the Chairperson or the meeting by

resolution* may direct that a visitor or Councillor leave the meeting for disorderly conduct

 Summary Offences Act 1966  Prohibited person orders

 Procedural motions, as the name suggests,

relate to matters of procedure e.g. –

• Suspend/resume standing orders
• Change the order of the agenda
• Adjourn the meeting

 They are not substantive motions which

result from consideration of general business items listed on the agenda

 A division is a call for the motion/amendment to be

put to the vote again

 It annuls the decision  Councillors are not constrained by their original

vote

 All Councillors’ names voting for or against the

motion/amendment must be read out and recorded in the minutes

 All local laws provide for time limits for

debate

 Chairpersons generally do not enforce the

time limits which may result in prolonged meetings

 Consistency of application is the main rule

 A Council resolution can be rescinded or

amended provided that it has not been implemented

 The process is initiated when a Councillor

submits a Notice of Rescission/Amendment with the CEO for listing on the agenda for the next Council meeting

 A resolution cannot be rescinded/amended at

the same meeting it was passed

 A Notice of Motion is the process for allowing

a Councillor to place an item of business on the agenda

 Unlike an officer report, a NoM does not

provide background information and is generally confined to the proposed motion

 Most local laws include provisions for public

participation at the meeting by permitting questions to be asked

 The questions are generally filtered

beforehand and therefore impose lodgement deadlines

 Council may answer the questions at the

meeting or take them ‘on notice’

Presented to Moorabool Shire Council by Terry Bramham Macquarie Local Government Lawyers 9 November 2016