Agenda of Governance Committee Meeting

Agenda (Open Portion)

Governance Committee Meeting

Page 4

4/10/2016

Governance Committee Meeting (Open Portion) held Tuesday, 4 October 2016 at 5:00 pm in the Lady Osborne Room, Town Hall.

COMMITTEE MEMBERS

Ruzicka (Chairman)

Deputy Lord Mayor Christie

Cocker

Thomas

Reynolds

ALDERMEN

Lord Mayor Hickey

Zucco

Briscoe

Sexton

Burnet

Denison
Harvey

Apologies: Nil

Leave of Absence:

Alderman Reynolds

Alderman Thomas

1. Co-Option of a Committee Member in the event of a vacancy

2. Confirmation of Minutes

The minutes of the Open Portion of the Governance Committee meeting held on Tuesday, 6 September 2016, are submitted for confirming as an accurate record.

3. Consideration of Supplementary Items

Ref: Part 2, Regulation 8(6) of the Local Government (Meeting Procedures) Regulations 2015.

Recommendation

That the Committee resolve to deal with any supplementary items not appearing on the agenda, as reported by the General Manager.

4. Indications of Pecuniary and Conflicts of Interest

Ref: Part 2, Regulation 8(7) of the Local Government (Meeting Procedures) Regulations 2015.

Aldermen are requested to indicate where they may have any pecuniary or conflict of interest in respect to any matter appearing on the agenda, or any supplementary item to the agenda, which the committee has resolved to deal with.

5. Transfer of Agenda Items

Regulation 15 of the Local Government (Meeting Procedures) Regulations 2015.

A committee may close a part of a meeting to the public where a matter to be discussed falls within 15(2) of the above regulations.

In the event that the committee transfer an item to the closed portion, the reasons for doing so should be stated.

Are there any items which should be transferred from this agenda to the closed portion of the agenda, or from the closed to the open portion of the agenda?

Item No. 6.1

Agenda (Open Portion)

Governance Committee Meeting

Page 7

4/10/2016

Memorandum: Governance Committee

University Cities Conference - Budapest

I refer to the presentation by UTAS Vice Chancellor Professor Peter Rathjen last Monday 26 September.

Aldermen will recall there was extensive discussion regarding university cities and what this may mean for the City of Hobart in the future. The Vice Chancellor noted a conference convened by the Academic Cooperation Association, that the Council may be interested in – UniverCities – Higher education institutions and their habitat, Budapest November 20-22, 2016.

I have attached some information regarding the conference for the information of Aldermen.

Indicative costs for the conference are as follows:

· Registration $825

· Air fares

o Economy return $2400

o Business class return $9000

· Accommodation $300 per night

Should there be interest from Aldermen in attending this conference it would be proposed that a short accompanying itinerary be developed in conjunction with UTAS to visit some of the other cities the Vice Chancellor noted as being potential models for Hobart. Again, if this is of interest to Aldermen, then a further report would be provided for consideration.

REcommendation

That the information be received and noted.

As signatory to this report, I certify that, pursuant to Section 55(1) of the Local Government Act 1993, I hold no interest, as referred to in Section 49 of the Local Government Act 1993, in matters contained in this report.

Tim Short

Group Manager Executive & Economic Development

Date: 29 September 2016

File Reference: F16/112395; S13-2-22

Attachment a: Theme and Program for UniverCities Conference November 2016 ⇩

Item No. 6.2

Agenda (Open Portion)

Governance Committee Meeting

Page 14

4/10/2016

REPORT TITLE: Disclosure of Closed Council and Committee Information

REPORT PROVIDED BY: General Manager

1. Report Purpose and Community Benefit

1.1. The purpose of this report is to respond to a request of the Council to consider the inclusion of a standard item in the minutes of Open Council and committee meetings, where resolutions made in the closed portion of those meetings may be released in a redacted form by the General Manager, at the appropriate time.

2. Report Summary

2.1. Section 22 of the Local Government Act 1993 provides the Council’s power to delegate its functions and powers, which extends to the functions and powers set out in Regulation 15(9) of the Local Government (Meeting Procedures) Regulations 2015.

2.2. A legal opinion obtained has confirmed the Council’s ability to delegate to the General Manager the capacity to release confidential information discussed in Closed meetings.

2.3. The Council is not entitled to waive the rights of privacy and/or confidentiality of any third party in relation to matters considered within the closed portion of its meetings.

2.4. It is my firm opinion that the status quo should remain whereby the Council, having taken account of privacy and confidentiality considerations around any confidential matter which it may consider, resolve to release confidential material.

2.5. The current approach eliminates the potential for the release of information in circumstances where the General Manager may consider it appropriate, but the Council may view this differently.

3. Recommendation

The status quo remain in relation to the release of confidential information, whereby the Council, having taken account of the necessary privacy and confidentiality considerations of matters placed before it, resolve to release confidential material in respect to an individual matter, based on its merits.

4. Background

4.1. The Council resolved to seek a report which provides qualified advice regarding whether it is appropriate to include a standard item in the minutes of Open Council and committee meetings, whereby resolutions made in the Closed portion of those meetings, including details on voting, may be released in a redacted format by the General Manager, at the appropriate time.

4.2. Section 22 of the Local Government Act 1993 provides the Council’s power to delegate its functions and powers.

4.3. These powers extend to the ability to delegate the following functions and powers set out in Regulation 15(9) of the Local Government (Meeting Procedures) Regulations 2015:

“(9) Subject to the Right to Information Act 2009, any discussions, decisions, reports or documents relating to a closed meeting are to be kept confidential unless the council or council committee, after considering privacy and confidentiality issues, authorises their release to the public.”

4.4. The Council may also continue to exercise the powers contained in Regulation 15(9) after it has delegated that power to the General Manager.

4.5. A legal opinion was obtained from Simmons Wolfhagen which confirmed the Council’s ability to delegate to the General Manager the capacity to authorise the release of confidential information provided in Closed meetings.

5. Proposal and Implementation

5.1. There is a risk associated when confidential information used by the Council as part of its decision making process, is then delegated to one individual, in this case the General Manager, to make a judgement in respect to the release of information insofar as the individual’s opinion may be considered subjective and the Council may hold a differing view as to why certain information may need to remain confidential.

5.2. When the Council is considering confidential information it is appropriate for it to also consider and determine any release of such information.

5.2.1. There have been a number of recent examples, such as the Taste of Tasmania Directions Report and the Charitable Rates Exemption policy report, where the Council have formally resolved to release confidential information through the provision of a redacted report.

5.3. Furthermore the Council or its delegate is unable to waive the obligation to consider the privacy and confidentiality of any third party.

5.4. In light of the above it is my firm opinion that the Council should retain the authority to determine the release of confidential information in respect to each individual matter, on its merits.

6. Strategic Planning and Policy Considerations

6.1. This matter aligns to the Strategic Plan 2015 – 2025 in relation to Goal 5 – Governance, specifically in relation to strategic objective 5.1: The organisation is relevant to the community and provides good governance and transparent decision-making.

7. Financial Implications

7.1. There are no financial implications associated with this report.

8. Legal, Risk and Legislative Considerations

8.1. The legal and legislative considerations associated with this report have been detailed within the report.

9. Delegation

9.1. This matter is delegated to the Council.

N.D Heath

General Manager

Date: 29 September 2016

File Reference: F16/111865

Item No. 6.3

Agenda (Open Portion)

Governance Committee Meeting

Page 18

4/10/2016

Memorandum: Governance Committee

Professional Development Reporting - Australian Institute of Company Directors

The Lord Mayor and Alderman Harvey submit the attached reports in accordance with Clause C(7) of the Council’s policy titled Aldermanic Development and Support.

REcommendation

That the information be received and noted.

N.D Heath

General Manager

Date: 29 September 2016

File Reference: F16/112724

Attachment a: Lord Mayors Report - AICD - Boardroom Financial Acumen ⇩

Attachment b: Alderman Harvey - AICD - Boardroom Financial Acumen ⇩

Item No. 6.3

Agenda (Open Portion)

Governance Committee Meeting - 4/10/2016

Page 19

ATTACHMENT a

Professional Development Report – Australian Institute of Company Directors - Boardroom Financial Acumen course

I found the course to be extremely informative, especially as it was also a refresher to the Company Director's Course. However, this session focussed on the core financials for all types of businesses, including not for profits.

The course requirements were that on completion students would clearly understand the financial reporting obligations of a board; be able to examine the three key financial statements and the relationship between them. We would then be able to explain the financial health of the entity involved from the information presented by pulling the numbers apart. Most importantly it provided knowledge in how to know what questions to ask for more information required and how to identify the strengths and weaknesses or concerns of the case study business models we looked at.

We studied three companies, one being an important not for profit, and all of the companies were real case studies.

Following each of the sections of the course the class was separated in to two "boards" to draw conclusions and make recommendations to address any concerns or to suggest strategies to improve the entities performance (and possible long term survival).

The course was aimed at adult learning and adopts the "less teaching, more learning model" with a problem based learning approach.

Pre-reading was provided and as a participant we were expected to have read the document, be ready to ask questions, analyse information provided and then be able to interpret the information, especially in a financial context.

The facilitator, Ross Byrne, who is a retired but extremely well qualified forensic accountant has a very personable delivery style. Because of the wealth of his knowledge Ross is often given to explaining other examples he has dealt with in his career to strengthen the understanding of why not watching the figures consistently and looking for the signposts has led to the ruin of other companies. I found him to be an excellent guide for this course.

In addition to the pre reading we were given 6 additional extensive handouts to assist us with the course and we were taught the 8 step check to the Balance Sheet, the four step check to the Income Statement and the 5 step check to the Cashflow Statement.

I am a big believer in continual learning and whilst I am a Fellow of the AICD and have an MBA, I still learnt a lot from this course and I believe it will be invaluable for my position as an Alderman. I would recommend it to all Aldermen.

Lord Mayor
Alderman Sue Hickey

Item No. 6.3

Agenda (Open Portion)

Governance Committee Meeting - 4/10/2016

Page 20

ATTACHMENT b

Professional Development Report

Australian Institute of Company Directors Course –

Boardroom Financial Acumen Workshop – 21 September 2016

On Wednesday 21 September, along with Lord Mayor Sue Hickey, I attended the Boardroom Financial Acumen workshop at the Grand Chancellor Hotel organised by the Tasmanian Division of the Australian institute of Company Directors (AICD).

Mr Ross Byrne, a retired forensic accountant and experienced company director, delivered the workshop over six hours. The workshop was conducted under Chatham House rules.

Mr Byrne’s knowledge and experience in accounting and governance was quite obvious and he delivered the workshop in an engaging systematic manner, generating active participation from participants.

The workshop was structured to be hands-on and interactive. It clearly achieved this objective along with being very informative.

Two case studies were used throughout the workshop. One was a major business heading towards financial difficulties and the other a not for profit that needed new direction.

Participants worked collaboratively as the boards of both organisations and were tasked with understanding, challenging and scrutinizing the financial reporting of each organisation.

Participants reviewed the basic requirements of financial literacy that are expected of a competent board director and were also a component of the AICD company director course. This was a useful exercise to help participants remember what they had learned during the previous course.

The review reminded participants of the importance of understanding how to interpret profit and loss statements, balance sheets and statement of cash flows to ensure due diligence occurs and that the organisation remains solvent, transparent and that the board fulfils its overarching obligations.

A financial health checklist was provided as a means to guide and focus attention to detail using a systematic method. This proved very useful.

The interactive nature of the exercises was valuable and it was obvious that participants gained important insights and knowledge into how to interpret, discuss and respond to financial statements.

Overall, the workshop was of great benefit in helping to understand financial statements and improve financial literacy. This is of benefit to my role as alderman and to the council by improving my understanding of financial management, interpretation and scrutiny.

I would encourage aldermen to take advantage of professional development course such as this when the opportunity arises.

Alderman Bill Harvey

Item No. 7.1

Agenda (Open Portion)

Governance Committee Meeting - 4/10/2016

Page 23

ATTACHMENT a

GOVERNANCE COMMITTEE – STATUS REPORT

Ref

Meeting

Report / Action

Title

Comments

1

DISCLOSURE OF CONFIDENTIAL MATTERS Council, 15/12/2014,

item 12.

A report be prepared in respect to the inclusion of a standard item in the minutes of Open Council and committee

meetings, where resolutions made in the Closed portion of

those meetings (including details on voting) on matters that may contain privacy/confidential issues, may be released in redacted format by the General Manager at the appropriate time.

Deputy General

Manager

A report in relation to this matter is included on the agenda.

2

COUNCIL AND

COMMITTEES REVIEW AND GOVERNANCE ARRANGEMENTS

Special Joint Meeting,

10/3/2015.

Council, 12/10/2015, item 10

Council, 19/9/2016,

item 11

The Council review its approach to deputations and public

question time, with a further report to be prepared for consideration.

A report be provided that considers the following:

a) All committee’s being reviewed in line with the

Strategic Plan.

b) The delegation and membership of the City Planning

Committee being reviewed.

c) Committee Terms of Reference being reviewed.

d) The potential for Council’s policies to be reviewed which may increase community engagement.

e) The provision of a meal following all Council meetings being reviewed, with a view to limiting the number of these dinners.

Deputy General

Manager

A memorandum in relation to this matter will be submitted as a supplementary item.

OPEN PORTION OF THE MEETING

September 2016

Item No. 7.1

Agenda (Open Portion)

Governance Committee Meeting - 4/10/2016

Page 24

ATTACHMENT a

Ref

Meeting

Report / Action

Title

Comments

CITY OF HOBART 10 YEAR

STRATEGIC COMMUNITY PLAN AND PLANNING AND REPORTING FRAMEWORK REVIEW Council,9/6/2015,

item 22

1. The proposed framework for the development of the

10 year Strategic Community Plan; The Four-Year Council Delivery Plan; the Annual Plan and associated documents be endorsed.

(i) The conversion of the current documents in accordance with the framework be progressed, commencing with a workshop with Aldermen.

2. A further report be prepared on a proposal to extend the Community Vision beyond 2025, following completion of the 10 year Strategic Community Plan.

General

Manager

An initial discussion paper on the Community Vision beyond 2025 will be provided to the Council in October 2016.

VOLUNTARY

AMALGAMATIONS - ADDITIONAL INFORMATION Council:

9/6/2015, item 25,

7/9/2015, item 23,

12/10/2015, item 21

That as a matter of urgency, the Lord Mayor seek an undertaking from the State Government that forthwith upon the information collection exercise being completed by the General Manager, the proposed feasibility modelling for the combinations, as proposed, be fully funded by the State Government.

General

Manager

No response has been provided by the State Government as yet in relation to funding of the feasibility and officers are following this matter up with the State Government.

CITY OF HOBART

COMMUNITY ENGAGEMENT

Council, 13/7/2015,

item 21, Council 6/6/2016, item 21

1. The role of the Council’s Traffic Committees be

considered following the conclusion of the engagement process for the draft Local Retail Precinct Plan.

2. The Council endorse a twelve month trial of the online community engagement platform EngagementHQ and Budget Allocator:

(i) Following an evaluation of the trial of the online

Director Community Development

A Community Engagement Advisor has recently commenced with the Council and is currently commencing a review the current framework.

Item No. 7.1

Agenda (Open Portion)

Governance Committee Meeting - 4/10/2016

Page 25

ATTACHMENT a

Ref

Meeting

Report / Action

Title

Comments

community engagement platform of EngagementHQ and Budget Allocator, the Council be provided with a report on outcomes.

3. The Community Forum scheduled for July 2016 not be held.

4. A further report in relation to appropriate community engagement models be provided to the Governance Committee for consideration.

Staff are attending an IAP2 community engagement conference in late October which will also provide valuable information in relation to determining best practice engagement frameworks, policies, tools and techniques.

A report in relation to community engagement models is scheduled to be provided to the meeting in December 2016.

AUDIO RECORDING, LIVE BROADCASTING AND

PUBLISHING OF OPEN COUNCIL MEETINGS

Council:

11/5/2015, item 22

10/8/2015, item 18

1. The audio recording be evaluated after twelve months of operation, including feedback from the Hobart community.

2. Council officers address the implementation of electronic display of minutes at Council proceedings and meetings, at the earliest opportunity.

3. Consultation with the Tasmanian Deaf Society be undertaken regarding ‘audio to text’ or typewritten transcripts, and if deemed appropriate this service be offered.

Deputy General

Manager

1. Consultation with the Tasmanian Deaf Society has occurred and the City of Hobart website

advises that a translator is available to attend Council meetings upon request, subject to availability.

2. Due to the technical disruptions experienced to the audio service over a three month period, a report in relation to the evaluation will be provided to the November

2016 meeting.

3. The implementation of electronic minutes is being assessed.

SHAPING THE CITIES OF

HOBART AND GLENORCHY – DETERMINING THE BENEFITS OF ENHANCED LAND VALUE THROUGH INVESTMENT IN A PUBLIC TRANSIT SYSTEM

Council 9/2/2016, supp. item 16

The Council initiate a Public Transit Corridor Urban Utilisation and Economic Benefit project for the current rail corridor, based on the proposal titled ‘Shaping the

Cities of Hobart and Glenorchy – Determine the Benefits of Enhanced Land Value through Investment in a Public Transit System’, subject to the matched support of the Glenorchy City Council.

General

Manager

A joint Steering Committee with representatives from both Councils has met on a number of occasions to progress this matter. A report and presentation will be provided to the Council following further consideration of the final report by the Steering Committee.

Item No. 7.1

Agenda (Open Portion)

Governance Committee Meeting - 4/10/2016

Page 27

ATTACHMENT a

Ref

Meeting

Report / Action

Title

Comments

MACQUARIE POINT DEVELOPMENT CORPORATION BOARD NOMINATION

Council 21/4/2016, item

1. The Council decline the invitation to nominate a representative to the Board.

2. The Council request an undertaking from the Board to increase the level of reporting to the Council.

General

Manager

A report was considered at the August Governance Committee meeting. The next report will be provided in six months time.

RISK AND AUDIT PANEL

RECOMMENDATIONS – ALDERMANIC DEVELOPMENT AND SUPPORT POLICY – PROFESSIONAL DEVELOPMENT

Council 6/6/2016, item 23

The Council policy titled Aldermanic Development and Support be amended in accordance with the advice of the Risk and Audit Panel, and submitted to the Governance Committee for endorsement.

Deputy General

Manager

A report in relation to this matter will be submitted as a supplementary item.

RECORDING AND PUBLISHING OF DEPARTURE TIMES FROM COUNCIL AND COMMITTEE MEETINGS Council 6/6/2016, item 10

That a report be prepared exploring the benefits of recording and publishing the departure times of Aldermen from Council and committee meetings.

Deputy General

Manager

A report in relation to this matter will be provided to the November meeting.

Item No. 7.1

Agenda (Open Portion)

Governance Committee Meeting - 4/10/2016

Page 28

ATTACHMENT a

Ref

Meeting

Report / Action

Title

Comments

LAUNCESTON CITY COUNCIL – MEMORANDUM OF UNDERSTANDING

Council 6/6/2016, item 19

1. The Council endorse a biannual meeting between the Lord Mayor of Hobart, the Mayor of Launceston and the General Managers of the Hobart City Council and Launceston City Council and that this arrangement replace the protocol which was adopted by the Council on 13 April 2015.

2. Aldermen receive copies of the agendas and minutes of these meetings and a six-monthly progress update.

General

Manager

An informal meeting was held on 23 August 2016. A formal meeting involving the Lord Mayor, Mayor and General Managers will be held prior to the end of this year.

2015-2016 ANNUAL PLAN – FINAL REPORT PERIOD ENDED 30 JUNE 2016

Council, 19/9/2016,

item 10

1. The Council endorse the Annual Plan Final Report for the period ended 30 June 2016, marked as Attachment A to item 6.1 of the Open Governance Committee agenda of 6 September 2016, for inclusion in the City of Hobart 2015-2016 Annual Report.

2. The Annual Plan Final Plan be amended to include reference to the commencement of work in respect to traffic management.

Completed.

Item No. 8.1

Agenda (Open Portion)

Governance Committee Meeting

Page 29

4/10/2016

8. Responses to Questions Without Notice

Regulation 29(3) Local Government (Meeting Procedures) Regulations 2015.
File Ref: 13-1-10

The General Manager reports:-

“In accordance with the procedures approved in respect to Questions Without Notice, the following responses to questions taken on notice are provided to the Committee for information.

The Committee is reminded that in accordance with Regulation 29(3) of the Local Government (Meeting Procedures) Regulations 2015, the Chairman is not to allow discussion or debate on either the question or the response.”

8.1 Council Officer Resourcing for Aldermen

File Ref: F16/92167; 16/112

Report of the General Manager of 29 September 2016.

Delegation: Committee

RECOMMENDATION

That the information be received and noted.

Item No. 8.1

Agenda (Open Portion)

Governance Committee Meeting

Page 30

4/10/2016

Memorandum: Lord Mayor

Deputy Lord Mayor

Aldermen

Response to Question Without Notice

Council Officer Resourcing for Aldermen

Meeting: Governance Committee

Meeting date: 2 August 2016

Raised by: Alderman Cocker

Question:

1. When an individual Alderman requests information of the General Manager which requires significant officer resourcing to provide, what is the process for determining the justification for the work and whether the information is to be provided?

2. When it is agreed that the information be provided, how are other Aldermen advised of the request and the response and how could greater transparency be introduced to ensure that all Aldermen are aware that this work is being undertaken?

At the meeting the question was taken on notice. A response is subsequently provided below.

Response:

1. Historically Council officers have endeavoured to respond appropriately to all Aldermanic requests for information. This has been considered to be an important part of supporting Aldermen in their role.

If the request involves significant officer resourcing and would result in the preparation of a formal report, the Alderman is requested to lodge a Notice of Motion, which allows for the request to be considered by the Council. Section 28A(3)(a) of the Local Government Act also allows the General Manager to not provide information if the General Manager believes the request would unreasonably extend the resources of the Council.

2. Where an issue is under active consideration by the Council, a copy of any information provided is distributed to all Aldermen. There are occasions however, when the matter is not one before the Council that responses are provided to individual Aldermen in response to specific questions.

In order to provide greater transparency, I have asked the Council Support Unit to create a section on The Hub which will record all such requests for information and the responses provided, for the information of all Aldermen.

N.D Heath

General Manager

Date: 29 September 2016

File Reference: F16/92167; 16/112

Agenda (Open Portion)

Governance Committee Meeting

Page 32

4/10/2016

9. Questions Without Notice

Section 29 of the Local Government (Meeting Procedures) Regulations 2015.

File Ref: 13-1-10

An Alderman may ask a question without notice of the Chairman, another Alderman, the General Manager or the General Manager’s representative, in line with the following procedures:

1. The Chairman will refuse to accept a question without notice if it does not relate to the Terms of Reference of the Council committee at which it is asked.

2. In putting a question without notice, an Alderman must not:

(i) offer an argument or opinion; or

(ii) draw any inferences or make any imputations – except so far as may be necessary to explain the question.

3. The Chairman must not permit any debate of a question without notice or its answer.

4. The Chairman, Aldermen, General Manager or General Manager’s representative who is asked a question may decline to answer the question, if in the opinion of the respondent it is considered inappropriate due to its being unclear, insulting or improper.

5. The Chairman may require a question to be put in writing.

6. Where a question without notice is asked and answered at a meeting, both the question and the response will be recorded in the minutes of that meeting.

7. Where a response is not able to be provided at the meeting, the question will be taken on notice and

(i) the minutes of the meeting at which the question is asked will record the question and the fact that it has been taken on notice.

(ii) a written response will be provided to all Aldermen, at the appropriate time.

(iii) upon the answer to the question being circulated to Aldermen, both the question and the answer will be listed on the agenda for the next available ordinary meeting of the committee at which it was asked, where it will be listed for noting purposes only.

about people	We value people – our community, our customers and colleagues.
professional	We take pride in our work.
enterprising	We look for ways to create value.
responsive	We’re accessible and focused on service.
inclusive	We respect diversity in people and ideas.
making a difference	We recognise that everything we do shapes Hobart’s future.