Supplementary Agenda of Governance Committee Meeting

Item No. 11

Supplementary Agenda (Open Portion)

Governance Committee Meeting

Page 3

31/1/2017

REPORT TITLE: City Planning Committee Membership - Maintaining a Quorum

REPORT PROVIDED BY: General Manager

1. Report Purpose and Community Benefit

1.1. The purpose of this report is to canvass the options available for achieving and maintaining a quorum of the City Planning Committee.

1.2. The City Planning Committee plays a fundamental role in support of the Council’s function as the planning authority of the City of Hobart.

1.3. It is obviously in the community’s interest to have appropriate measures in place to enable the Committee to function effectively, unhindered by governance issues.

2. Report Summary

2.1. The Council’s policy currently provides that on any occasion when the City Planning Committee does not have the requisite number of members to form or maintain a quorum, the Lord Mayor, or in her absence, the Deputy Lord Mayor becomes an ex-officio member for such purposes.

2.2. The City Planning Committee has a statutory role as the planning authority for the City of Hobart and as such if a meeting of this committee was to be cancelled, it could prevent the Council from meeting its statutory obligations.

2.3. It is therefore proposed to amend the existing policy provisions for the City Planning Committee in order to provide that any Alderman in attendance at a City Planning Committee meeting, who is not already an appointed committee member, is to be an ex-officio member for the purpose of establishing and maintaining a quorum.

3. Recommendation

That the Council’s policy titled ‘Meetings: Procedures and Guidelines’ be amended, marked as Attachment A, to enable any Alderman who is not an appointed member of the committee who is in attendance at a City Planning Committee meeting, to be considered an ex-officio member, for the purposes of establishing and maintaining a quorum.

4. Background

4.1. Presently the Council’s policy provides that on occasions where there is lack of a quorum at a meeting, the Lord Mayor, or in her absence, the Deputy Lord Mayor, may be considered an ex-officio member for this purpose.

4.2. The current provisions are not always adequate however, as there are occasions when neither the Lord Mayor or the Deputy Lord Mayor are available to attend meetings. This has resulted cancellation of meetings on several occasions.

5. Proposal and Implementation

5.1. On the basis that the City Planning Committee has a statutory role as the City’s planning authority and any cancellation of these meetings due to the lack of a quorum could potentially result in the Council not meeting its statutory obligations, it is considered appropriate to amend the policy provisions with respect to ex-officio membership of the Committee.

5.2. It is proposed to amend the existing policy provisions to provide that any Alderman in attendance at a City Planning Committee meeting, who is not already an appointed committee member, be an ex-officio member for that meeting for the purposes of establishing and maintaining a quorum.

6. Strategic Planning and Policy Considerations

6.1. This matter is aligned to the Capital City Strategic Plan 2015-2025 in respect to Goal 5 – Governance.

· Strategic Objective 5.1 – The organisation is relevant to the community and provides good governance.

· Strategic Objective 5.5 – Capital City leadership is provided.

7. Financial Implications

7.1. Funding Source and Impact on Current Year Operating Result

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

8. Legal, Risk and Legislative Considerations

8.1. Regulation 37 of the Local Government (Meeting Procedures) Regulations 2015 provides the Council with the ability to determine its procedures in relation to meetings, as considered appropriate.

9. Community and Stakeholder Engagement

9.1. The Manager City Government has been consulted in relation to this matter.

10. Delegation

10.1. This matter is delegated to the Council.

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.

N.D Heath

General Manager

Date: 27 January 2017

File Reference: F17/1753

Item No. 12

Supplementary Agenda (Open Portion)

Governance Committee Meeting

Page 7

31/1/2017

REPORT TITLE: Conduct of Council Workshops

REPORT PROVIDED BY: Deputy General Manager

Manager City Government

1. Report Purpose and Community Benefit

1.1. The purpose of this report is to propose a framework and rules to underpin the conduct of Council workshops.

1.2. The Local Government (Meeting Procedures) Regulations 2015 (the Regulations) allow councils to conduct workshops which are not subject to the rules applying to council or committee meetings.

1.3. Workshops conducted by the City of Hobart allow the dedication of time outside of the formal schedule of committee and Council meetings to enable the provision of information to Aldermen regarding specific matters.

1.4. The use of such forums by Aldermen to receive information and seek clarification to gain the maximum understanding of issues is in the community’s interest as it may assist individual Aldermen in the decision making process.

2. Report Summary

2.1. The Regulations define the meaning of council workshop as a workshop, seminar or gathering of persons for the purposes of a council, but does not include a meeting or a meeting of a special committee.

2.2. Further, the Regulations define meeting as a council meeting; or a council committee meeting.

2.3. The Regulations require the General Manager to report the date and purpose of any council workshop held since the last meeting (of an ordinary council meeting) on the agenda of the subsequent council meeting.

2.4. There are no further legislative provisions around the conduct of workshops and as such they are free of the procedures applying to council or committee meetings.

2.4.1. Whilst not legislative, a Council Meeting Procedures Information Sheet has been issued by the Local Government Division, Department of Premier and Cabinet, which makes specific reference to Council workshops. The relevant extract from the Information Sheet is attached; Attachment A.

2.5. The benefits of this include the capacity to receive information in an unstructured forum free of the rules of debate, enabling Aldermen to ask questions and seek clarification on matters thereby maximising their understanding and appreciation of the topic presented.

3. Recommendation

That the City of Hobart utilise the council workshop forum as allowed under the Local Government (Meeting Procedures) Regulations 2015 as a mechanism to receive information in relation to specific matters, and adopt the following rules in relation to the conduct of workshops:

1. Aldermen may utilise and participate in council workshops to receive information on specific matters, so that they may gain maximum understanding and appreciation of the subject matter.

2. As informal meetings conducted for the purpose of providing Aldermen with information, attendance is optional.

3. Decisions may not be taken on any matter at Council workshops as qualified advice is required in accordance with section 65 of the Local Government Act 1993 before any decisions can be made.

4. Council workshops will not be used with the intent to gain consensus on matters, but it is reasonable that Aldermen will discuss issues and exchange views.

5. Where the General Manager deems appropriate, external parties may be used to facilitate or assist with the conduct of Council workshops.

6. These rules will be published on the cover page of documentation provided for all workshops.

4. Background

4.1. The Council has utilised the convenience of Council workshops since they became available under the Regulations.

4.2. In certain circumstances, workshops have been facilitated or attended by external parties, where they may be able to provide a greater depth of knowledge or expertise in respect to the information being presented to Aldermen.

4.3. It is proposed to continue with this approach where it is deemed appropriate.

5. Proposal and Implementation

5.1. It is opportune at this point to specify the intent of Council workshops and to define their scope to ensure that they remain a viable and useful method of appraising Aldermen of information on relevant issues going forward.

5.2. The recommendation clearly articulates that workshops are a forum to convey information to Aldermen in relation to specific matters.

5.3. The framework around Council workshops clearly omits any scope for consensus or decision making, which is reserved to the Council and its elected committees after receiving the qualified advice as required under section 65 of the Local Government Act 1993.

5.3.1. Further, the framework around Council’s decision making process is clearly articulated within the Regulations and includes specific legislative and procedural requirements around this important function, such as voting criteria, public and closed access to business matters, and decision making by the whole Council, whereas attendance is not required at Council workshops.

5.4. The Director of Local Government has been consulted in the preparation of this report and advises that he agrees with the recommendations contained in this report.

6. Financial Implications

6.1. Funding Source and Impact on Current Year Operating Result

6.1.1. No financial implications arise from this report.

7. Legal, Risk and Legislative Considerations

7.1.1. Legislative provisions have been addressed within this report.

8. Delegation

8.1. This matter is reserved to the Council.

Heather Salisbury

Deputy General Manager

Margaret Johns

Manager City Government

Date: 27 January 2017

File Reference: F17/6468

Attachment a: Extract from Council Meeting Procedures Information Sheet issued by the Local Government Division, Department of Premier and Cabinet, relating to Council workshops.