Agenda of Governance Committee Meeting

Agenda (Open Portion)

Governance Committee Meeting

Page 4

1/8/2017

Governance Committee Meeting (Open Portion) held Tuesday, 1 August 2017 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: Nil

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, 4 July 2017, the Special Governance Committee meeting held on Tuesday, 18 July 2017 and the Special Governance Committee meeting held on Monday, 24 July 2017, 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

1/8/2017

REPORT TITLE: Code of Conduct Review

REPORT PROVIDED BY: General Manager

1. Report Purpose and Community Benefit

1.1. The purpose of this report is for the Council to consider its position with respect to the Review of the Code of Conduct provisions and processes currently being coordinated by the Local Government Association of Tasmania (LGAT) on behalf of the Minister for Local Government.

2. Report Summary

2.1. The Local Government (Code of Conduct) Act 2015 commenced on 13 April 2016.

2.2. The Minister for Local Government committed to undertake a 12 month review of the new code of conduct provisions and requested that LGAT take carriage of the review process.

2.3. A discussion paper has been prepared by LGAT providing background and highlighting a number of specific issues which are addressed in this report.

2.4. Submissions into the review are sought from Council as well as individual elected members and officers.

3. Recommendation

That:

1. The City of Hobart make a submission to the review of the code of conduct review such that the review provide clarification of the general manager’s obligations to notify a respondent councillor upon the receipt of a complaint against that councillor.

2. Council consider whether it wishes to make a submission on any other grounds.

4. Background

4.1. The Minister for Local Government has committed to undertake a twelve month review of the Code of Conduct legislation and has requested that LGAT take carriage of the review process for local government.

4.2. LGAT has prepared a discussion paper for the consideration of Council, which is included in Attachment A to this report.

4.3. Included as Attachment B to this report is a copy of the City of Hobart’s Aldermanic Code of Conduct for the information of the Council.

4.4. The discussion paper provides some background to the development of the current Code of Conduct legislation, some data compiled in the first twelve months of operation and some specific areas of concern.

4.5. LGAT has requested that councils consider a formal response to the review but has also encouraged submissions being made by individual aldermen and officers, particularly where they have experience of the application of these provisions.

4.6. It is difficult for the City of Hobart to consider a detailed submission due to its relative lack of experience with the new provisions, however each of the issues raised in the discussion paper will be considered below in the event that the Council does wish to provide a submission.

4.7. There is however one particular issue of concern that has been highlighted to the City of Hobart. That is, the general manager has certain obligations upon receiving a complaint. This includes referring it to the Executive Officer or the Director of Local Government depending on the number of aldermen the subject of the complaint.

4.8. It does not however, provide the general manager the ability to notify the aldermen who is the subject of the complaint. This means that the aldermen, the subject of the complaint may not even know about the complaint until such time as the Chairperson of the Code of Conduct Panel has undertaken an initial assessment of the complaint and made a determination that the whole or part of the complaint is to be investigated and determined by the Code of Conduct Panel. In practice this could be a matter of some weeks to allow for this to occur.

4.9. The specific areas of concern raised in the discussion paper include:

4.9.1. Model Code – there was some concern regarding the degree of regulation by the Model Code and the reduced flexibility for individual councils to vary the settings;

4.9.2. Experience of Panellists – expression of interest processes have been undertaken to appoint panellists and training provided;

4.9.3. Sanctions – there are two key issues in this regard:

4.9.3.1. Appropriateness and legality of applying to sanctions to a whole council (e.g. training); and

4.9.3.2. Reference LGAT or other entity regarding training with any prior dialogue as to the suitability or availability of that training.

4.9.4. Processes - Anecdotal advice suggests there has been inconsistent practice across Panels in relation to evidence and hearing processes with concern raised that too much weight is given initially to unsubstantiated claims (which therefore triggers a full investigation process)

4.9.5. Communication with councillors by the general manager following the referral of a complaint to the Executive Officer – this is slightly related to the issue raised previously, however it differs in that this concerns the point at which all other councillors, not the subject of the complaint, are informed of the complaint.

4.10. It remains for the Council to determine whether it wishes to make a submission to the review of the Code of Conduct in relation to these grounds or any others.

5. Proposal and Implementation

5.1. It is proposed that Council make a submission to the review of the code of conduct review such that the review provide clarification of the general manager’s obligations to notify a respondent councillor upon the receipt of a complaint against that councillor.

5.2. It is also proposed that the Council consider whether it wishes to make a submission on any other grounds.

6. Strategic Planning and Policy Considerations

6.1. Goal 5 of the Capital City Strategic Plan is titled Governance – leadership provides for informed decision-making for our capital city.

6.2. It is considered that having a code of conduct and participating in its review is a key pillar of the City of Hobart’s governance arrangements.

7. Financial Implications

7.1. Funding Source and Impact on Current Year Operating Result

7.1.1. None arise as a result of this report.

7.2. Impact on Future Years’ Financial Result

7.2.1. None arise as a result of this report.

7.3. Asset Related Implications

7.3.1. None arise as a result of this report.

8. Legal, Risk and Legislative Considerations

8.1. These have been addressed in the body of this report.

9. Delegation

9.1. This matter requires the consideration of 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 July 2017

File Reference: F17/89697; 17/118

Attachment a: LGAT Discussion Paper - Review of Code of Conduct Provisions and Processes - June 2017 ⇩

Attachment b: Aldermanic Code of Conduct ⇩

Item No. 6.1

Agenda (Open Portion)

Governance Committee Meeting - 1/8/2017

Page 11

ATTACHMENT a

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Item No. 6.2

Agenda (Open Portion)

Governance Committee Meeting

Page 50

1/8/2017

Memorandum: Governance Committee

Disclosure of confidential matters - notice of motion

The purpose of this memorandum is to respond to part of a notice of motion adopted by the Council in 2014. That part is as follows:

The report also consider a Council policy proposing that the Council advise all interested parties that details of all request for grants, donations, and incentive payments will be made public once a decision of the Council has been made.

In October 2016, the Council considered a report dealing with the balance of the notice of motion dealing with the release of confidential material from closed meetings of Council and committees.

Consideration of a policy advising interested parties that details of all requests for grants, donations and incentive payments will be made public following a decision from Council was omitted from the previous consideration.

Currently, details of grant requests are released publically as a matter of course, consistent with the Council’s Policy titled: Grants and Benefits Disclosure. This states that for the purposes of s77 of the Local Government Act 1993, the following grants and benefits will be disclosed in the Annual Report:

i. Reduced fees and charges;

ii. Established monetary value of in-kind assistance;

iii. Reduced rates;

iv. Charitable donations and gifts;

v. Sponsorship/Investment;

vi. Community grants;

vii. Environmental and Climate Change grants;

viii. Heritage and Conservation grants;

ix. Interest free loans; and

x. Reduced Rentals.

As such, a Council policy already exists which deals with this matter and the appropriate disclosures are being made.

This current policy position is obviously limited to disclosing the outcome of an application or request rather than necessarily undertaking the debate as to whether to accede to such a request publically. Were Council minded to consider such an approach it would require a separate policy decision.

Occasionally, however, requests are made to the Council for grants, donations and incentive payments on the basis that they are commercial in confidence or they are kept confidential. Council could resolve a policy position that no grant matter be regarded as commercial in confidence and advise a prospective applicant accordingly. This would however have a significant impact on parties seeking the Council’s support and assistance with events or initiatives particularly where the planning for an event or initiative is in its infancy or early stages when approaching the Council.

In these circumstances it is often important for applicants that the information is kept confidential. Council is often not the only party being engaged to provide support. Having a policy position that such matters would be dealt with in the open portion of a meeting might impact the Council’s involvement in such initiatives.

In the absence of an alternative policy position, officers would be obliged to include any matter noted as confidential by the applicant on a closed committee agenda, consistent with the provisions of the Local Government (Meeting Procedures) Regulations 2015. It would then be a matter for the Council or committee to determine whether it wished to transfer such matters to the open portion of a meeting.

REcommendation

That:

1. The Council note that existing Council policies already provide for disclosure of the details of requests for grants, donations and incentive payments.

2. The Council note that any matter included on a closed Council or committee agenda in accordance with regulation 15 of the Local Government (Meeting Procedures) Regulations 2015 can be transferred to the open portion of that meeting by a resolution of the Council or committee.

Heather Salisbury

Deputy General Manager

Date: 27 July 2017

File Reference: F17/87759; 13-1-9; 16-21-1

Item No. 6.3

Agenda (Open Portion)

Governance Committee Meeting

Page 54

1/8/2017

REPORT TITLE: City of Hobart - Customer Service Charter

REPORT PROVIDED BY: Group Manager City Government and Customer Relations

1. Report Purpose and Community Benefit

1.1. The purpose of this report is to present an updated draft Customer Service Charter for endorsement by committee and Council for release for public consultation.

1.2. The Customer Service Charter outlines the service standards which customers of the City can expect when conducting business with the City of Hobart.

2. Report Summary/Background

2.1. All councils are required to adopt a customer service charter in accordance with section 339F of the Local Government Act 1993, and to make the charter available on its internet, for purchase and public inspection during office hours.

2.2. A charter must specify the principles relating to services provided by a council and contain a procedure for dealing with complaints relating to services provided by the Council.

2.3. A copy of the existing charter is shown as Attachment A.

2.4. By way of comparison, the revised draft charter shown as Attachment B to this report articulates the Council’s values as being integral to the organisation’s customer service principles and outlines the various ways in which customers can elect to contact and interact with Council.

2.4.1. The document also outlines the Council’s service standards and defines the different types of contacts our customers have with the organisation, including the receipt and handling of complaints.

2.5. The Council will shortly have the capacity to overhaul and improve its customer service delivery experience as the result of the business systems transformation process being pursued as part of the organisation’s Project Phoenix.

3. Recommendation

That:

1. The draft revised Customer Service Charter, shown as attachment B to this report be endorsed for public comment for a four week period.

2. Following the public comment period, a further report be provided presenting the results of the consultation process.

3. Following the implementation of the organisation’s Customer Request Management System, scheduled for April 2018, the charter be further reviewed to include the revised customer management arrangements available through that business system.

4. Proposal and Implementation

4.1. It is proposed to endorse this updated version of the charter for release for comment, and subsequent return to the committee and Council for formal approval.

4.2. The document will be further reviewed following the implementation of the organisation’s new Customer Request Management System (CRMS), which is part of the suite of business system upgrades to be delivered under Project Phoenix.

4.3. The anticipated timing for the roll-out of the CRMS is April 2018.

4.4. The introduction of a dedicated CRMS will enable to the organisation to receive, record and manage customer contact within a sophisticated system which will assist the Council to interact with its customers as well as monitor and measure outcomes.

4.4.1. There is currently very limited capacity to manage customer contact in a consistent, reliable and measurable manner.

5. Strategic Planning and Policy Considerations

5.1. As well as being required by law, a customer service charter provides clarity around service delivery both for Council’s customers and employees.

6. Financial Implications

6.1. Funding Source and Impact on Current Year Operating Result

6.1.1. There are no financial implications arising from this report.

7. Legal, Risk and Legislative Considerations

7.1. The organisation is required by law to have a customer service charter.

8. Community and Stakeholder Engagement

8.1. The proposed draft charter would be released for public comment, following which it would be referred back to committee and Council.

9. Delegation

9.1. This matter is delegated to the Council.

M_johns_adobe signature

Margaret Johns

Group Manager City Government and Customer Relations

Date: 27 July 2017

File Reference: F17/92545

Attachment a: Existing Customer Service Charter ⇩

Attachment b: Draft Customer Service Charter ⇩

Item No. 6.4

Agenda (Open Portion)

Governance Committee Meeting

Page 66

1/8/2017

REPORT TITLE: Conduct of Council Workshops

REPORT PROVIDED BY: Deputy General Manager

1. Report Purpose and Community Benefit

1.1. The purpose of this report is to respond to a Council decision of 6 February 2017 in relation to the rules for conducting Council workshops.

2. Report Summary

2.1. At its meeting of 6 February 2017 the Council adopted a series of rules with respect to the conduct of Council workshops.

2.2. It also requested a report on a series of additional rules to which this report responds.

3. Recommendation

That:

1. Following each Council workshop, a written summary be provided comprising the topics discussed, any action which officers intend to take together with copies of any presentations made to the workshop.

2. The consideration of recording workshops be deferred until such time as the effectiveness of the provision of a summary document can be determined.

4. Background

4.1. At its meeting of 6 February 2017, the Council adopted a series of rules for the conduct of Council workshops. These were:

4.1.1. 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.

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

4.1.3. 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.

4.1.4. 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.

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

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

4.2. These have since been incorporated into the City’s practices with respect to the conduct of Council workshops.

4.3. At that same meeting, the Council also resolved that a report be prepared to consider the following additional rules:

4.3.1. A report being provided from each workshop consisting of:

4.3.1.1. Copies or details of any presentation made;

4.3.1.2. Any major points raised by Aldermen and presenters;

4.3.1.3. A list of points arising from the workshop to be discussed at a subsequent formal meeting of the Council.

4.3.2. Where possible workshops be recorded and made available to Aldermen.

4.3.3. To avoid misinterpretation, any reporting of Aldermanic attendance at workshops displayed on the Council’s website be clearly differentiated from reporting of attendance at Council and committee meetings.

Report

4.4. In order to inform all Aldermen, whether present at the workshop or not, of the information communicated at the workshop it is proposed that a report be circulated including copies of any presentation made to the workshop, summarising the topics discussed and identifying any action officers intend to take following the workshop (e.g. subsequent report to committee etc).

Recordings

4.5. Recording of workshops does allow Aldermen who are unable to attend to hear any information or presentation made.

4.6. In considering whether to record workshops, Council does need to be mindful that much of the Council’s business is conducted in formal settings whether at Council or committee meetings. Few opportunities exist for Aldermen to engage in an open discussion and explore issues in greater depth. Similarly, the ability for information to be provided to Aldermen via officers or third parties can be limited by the formality of meetings. Noting that no decision can be made, workshops in their current form are an important part of the Council functioning.

4.7. Should Council wish to pursue the recording of workshops, there are a range of options at various costs.

4.8. This would range from a low-cost option of basic desktop recording equipment with no editing at around $2,000 through to a high quality mobile recording set-up at approximately $50,000.

4.9. If Aldermen wished to proceed with recording it is recommended that only formal presentations be recorded.

Attendance

4.10. Currently the attendance of Aldermen at Council workshops is published on the City’s website in a document displaying the attendance of Aldermen at all meetings of Council and committees. It is shown as a separate page and is clearly marked as being the attendance for Council workshops and not a formal meeting.

4.11. It is not proposed that any alteration to this process occur at this point as the intention of the Council’s resolution has already been achieved.

5. Proposal and Implementation

5.1. It is proposed that following each Council workshop, a written summary be provided comprising the topics discussed, any action which officers intend to take together with copies of any presentations made to the workshop.

5.2. It is proposed that the consideration of recording workshops be deferred until such time as the effectiveness of the provision of a summary document can be determined.

6. Delegation

6.1. This matter requires the consideration of the Council.

Heather Salisbury

Deputy General Manager

Date: 27 July 2017

File Reference: F17/92995; 16/119

Item No. 6.5

Agenda (Open Portion)

Governance Committee Meeting

Page 71

1/8/2017

REPORT TITLE: State Fire Commission - Local Government Representative - LGAT call for nominations

REPORT PROVIDED BY: General Manager

1. Report Purpose and Community Benefit

1.1. The purpose of this report is to seek an Aldermanic nomination to the State Fire Commission, to be forwarded to the Local Government Association of Tasmania for consideration by the Minister for Police and Emergency Management.

2. Report Summary

2.1. Established under the Fire Services Act 1979, the State Fire Commission is the controlling authority of the Tasmania Fire Service.

2.2. The State Fire Commission is invested with a range of functions which include the formulation of policy in respect of service administration and operation, co-ordination and direction of the development of fire services throughout the State and the development and promulgation of a State Fire Protection Plan.

2.3. Under the Fire Services Act 1979 the Commission is to include two persons nominated by the Local Government Association of Tasmania (LGAT).

2.4. With a recent resignation from the Commission, the Minister for Police and Emergency Management has requested that LGAT nominate three names to the Minister for the vacant position.

2.5. The Council is requested to consider submitting an Aldermanic nominee to LGAT for the vacant position on the State Fire Commission.

3. Recommendation

That an Aldermanic nominee be forwarded to the Local Government Association of Tasmania for the vacant position on the State Fire Commission.

4. Background

4.1. Established under the Fire Services Act 1979, the State Fire Commission is the controlling authority of the Tasmania Fire Service.

4.2. The State Fire Commission is invested with a range of functions which include the formulation of policy in respect of service administration and operation, co-ordination and direction of the development of fire services throughout the State and the development and promulgation of a State Fire Protection Plan.

4.3. Under the Fire Services Act 1979 the Commission is to include two persons nominated by the Local Government Association of Tasmania (LGAT).

4.4. With a recent resignation from the Commission, the Minister for Police and Emergency Management has requested that LGAT nominate three names to the Minister for the vacant position (refer Attachment A).

4.5. The other local council representative currently on the Commission is Clr Hannah Rubenach, Break O'Day Council.

4.6. It has been highlighted by the Minister that the present Government policy is to have gender balance in the nomination process if possible and I would ask that you take this matter into consideration.

4.7. The State Fire Commission meets on a monthly basis in Hobart for approximately three hours.

4.8. The position attracts a sitting fee of $6,000 pa and reimbursement of costs is provided.

4.9. The Council’s nomination is to be accompanied by a current curriculum vitae and a completed Statement in Support of Nomination Form.

4.10. Nominations are requested to be received by LGAT by Friday, 18 August 2017.

5. Proposal and Implementation

5.1. The Council is requested to consider submitting an Aldermanic nominee to LGAT for the vacant position on the State Fire Commission.

5.2. At the request of the Minister for Police and Emergency Management, LGAT is to then nominate three names to the Minister for the vacant position.

5.3. The Council’s nomination is to be accompanied by a current curriculum vitae and a completed Statement in Support of Nomination Form (refer Attachment A).

6. Strategic Planning and Policy Considerations

6.1. The Capital City Strategic Plan 2015-2025,

Goal 4 – Strong, Safe and Healthy Communities – our communities are resilient, safe and enjoy healthy lifestyles

Goal 5 – Governance – Leadership provides for informed decision-making for a capital city.

7. Financial Implications

7.1. Funding Source and Impact on Current Year Operating Result

7.1.1. Not applicable.

7.1.2. The sitting fee and related costs are borne by the State.

7.2. Impact on Future Years’ Financial Result

7.2.1. Not applicable.

8. Legal, Risk and Legislative Considerations

8.1. Established under the Fire Services Act 1979, the State Fire Commission is the controlling authority of the Tasmania Fire Service.

8.2. The Commission consists of:

(a) the Chief Officer; and

(ab) a chairperson appointed in accordance with section 7A; and

(b) a person nominated by the United Firefighters Union (Tasmanian Branch); and

(c) a person nominated by the Tasmanian Retained Firefighters Association; and

(d) a person nominated by the Tasmanian Volunteer Fire Brigades Association; and

(e) a person nominated by the Secretary of the responsible Department in relation to the Public Account Act 1986; and

(f) 2 persons nominated by the Local Government Association of Tasmania.

8.3. The Terms of Reference of the Commission is outlined in Section 8 of the Fire Services Act 1979, as extracted below:

(1) Subject to any directions given to it by the Minister pursuant to section 11, the functions of the Commission are –

(a) to formulate the policy in respect of the administration and operation of the Fire Service;

(b) to co-ordinate and direct the development of all fire services throughout the State;

(c) to develop effective fire prevention and protection measures throughout the State;

(d) to develop and promulgate a State fire protection plan;

(e) to standardize, as far as is practicable, fire brigade equipment throughout the State;

(f) to establish and maintain training facilities for brigades;

(g) to conduct such investigations into fires as it considers necessary, and to prepare reports and recommendations to the Minister arising from those investigations;

(h) to conduct such investigations into the use of fire as it considers necessary, to instruct the public in the wise use of fire, and to disseminate information regarding fire protection measures and other related matters;

(i) to advise the Minister on such matters relating to the administration of this Act as may be referred to it by the Minister, and on matters that, in the opinion of the Commission, should be brought to the attention of the Minister; and

(j) to exercise such other functions vested in or imposed on it by this Act or such other functions relating to the preventing or extinguishing of fires as may be imposed on it by the Minister from time to time.

9. Delegation

9.1. The matter is delegated to the Council.

N.D Heath

General Manager

Date: 25 July 2017

File Reference: F17/93221; 17/106

Attachment a: Call for Nominations - LGAT ⇩

Item No. 6.6

Agenda (Open Portion)

Governance Committee Meeting

Page 80

1/8/2017

REPORT TITLE: State Fire Management Council - Local Government Representative - LGAT call for nominations

REPORT PROVIDED BY: General Manager

1. Report Purpose and Community Benefit

1.1. The purpose of this report is to seek a nomination to the State Fire Management Council, to be forwarded to the Local Government Association of Tasmania for consideration by the Minister for Police and Emergency Management.

2. Report Summary

2.1. The State Fire Management Council derives its authority from the Fire Service Act 1979, as amended by the Fire Service Reform Act 1995.

2.2. A principal function of the Management Council is to "develop a State vegetation fire management policy" which in practice is the ongoing development of the policy as the basis for all fire management planning.

The key objective of this policy is to promote and facilitate the responsible use of fire in vegetation management.

2.3. With a recent resignation from the Management Council, the Minister for Police and Emergency Management has requested that LGAT nominate three names to the Minister for the vacant position (refer Attachment A).

2.4. The appointment is for a term of three years, commencing on the date of the Governor signing, and is open to council officers and elected members with knowledge of and/or experience with vegetation fire management (refer Attachment A for further details on the role and function of the Management Council).

2.5. The Council is requested to consider submitting a nominee to LGAT for the vacant position on the State Fire Management Council.

In previous years, now former employee Dr Stephen Bresnehan, Bushland Fire Officer, was a local government representative on the Management Committee.

2.6. Given the technical nature of the role, it is proposed that the City’s Group Manager Open Space, Mr Rob Mather be submitted as the Council’s nominee to the role.

3. Recommendation

That the Council submit to the Local Government Association of Tasmania, the City’s Group Manager Open Space, Mr Rob Mather as the Council’s nominee for the vacant position on the State Fire Management Council.

4. Background

4.1. The State Fire Management Council (SFMC) derives its authority from the Fire Service Act 1979, as amended by the Fire Service Reform Act 1995.

4.2. A principal function of the Management Council is to "develop a State vegetation fire management policy" which in practice is the ongoing development of the policy as the basis for all fire management planning.

The key objective of this policy is to promote and facilitate the responsible use of fire in vegetation management.

4.3. Local Government has been represented on the Management Council by Ms Belinda Loxley, Emergency Management Coordinator at Kingborough Council, but who recently tendered her resignation from the Management Council.

4.4. With the resignation from the Management Council, the Minister for Police and Emergency Management has requested that LGAT nominate three names to the Minister for the vacant position (refer Attachment A).

4.5. The appointment is for a term of three years, commencing on the date of the Governor signing, and is open to council officers and elected members with knowledge of and/or experience with vegetation fire management (refer Attachment A for further details on the role and function of the Management Council).

4.5.1. Meetings are held quarterly in Hobart. The position may attract a sitting fee, as determined by the Governor and an allowance will be paid by way of reimbursement of reasonable, actual out-of-pocket expenses incurred in conducting the business of the Council.

4.6. The Council’s nomination is to be accompanied by a curriculum vitae and a completed Statement in Support of Nomination Form.

4.7. Nominations are requested to be received by LGAT by Friday, 18 August 2017.

5. Proposal and Implementation

5.1. The Council is requested to consider submitting a nominee to LGAT for the vacant position on the State Fire Management Council.

5.2. At the request of the Minister for Police and Emergency Management, LGAT is to then nominate three names to the Minister for the vacant position.

5.3. The Council’s nomination is to be accompanied by a current curriculum vitae and a completed Statement in Support of Nomination Form (refer Attachment A).

6. Strategic Planning and Policy Considerations

7. Financial Implications

7.1. Funding Source and Impact on Current Year Operating Result

7.1.1. Not applicable.

7.1.2. The sitting fee and related costs are borne by the State.

7.2. Impact on Future Years’ Financial Result

7.2.1. Not applicable.

8. Legal, Risk and Legislative Considerations

8.1. The State Fire Management Council (SFMC) derives its authority from the Fire Service Act 1979, as amended by the Fire Service Reform Act 1995.

8.2. The Management Council consists of

· An independent Chairperson, nominated by the Minister for Police and Emergency Management

· the Chief Officer of the Tasmania Fire Service;

· a nominee of the Chief Officer;

· the chief executive officer of the Forestry corporation;

· a nominee of the chief executive officer of the Forestry corporation;

· the Director of National Parks and Wildlife;

· a nominee of the Director of National Parks and Wildlife;

· a person nominated by the Tasmanian Farmers' and Graziers' Association;

· a person nominated by the Forest Industries Association of Tasmania; and

· a person nominated by the Local Government Association of Tasmania.

8.3. The role and functions of the Management Council are detailed in Attachment A to the report.

9. Delegation

9.1. The matter is delegated to the Council.

N.D Heath

General Manager

Date: 25 July 2017

File Reference: F17/93233; 17/106

Attachment a: Call for Nominations - LGAT ⇩

Item No. 6.7

Agenda (Open Portion)

Governance Committee Meeting

Page 93

1/8/2017

Memorandum: Governance Committee

Conference Reporting - 2017 National General Assembly of Local Government - 18 to 21 June 2017

The Deputy Lord Mayor Alderman Christie has submitted the attached report in accordance with Clause C(7)(i) of the Council’s policy titled Aldermanic Development and Support.

REcommendation

That the information be received and noted.

Nick heath

N.D Heath

General Manager

Date: 27 July 2017

File Reference: F17/88407

Attachment a: 2017 National General Assembly of Local Government ⇩

Item No. 8.1

Agenda (Open Portion)

Governance Committee Meeting

Page 117

1/8/2017

Memorandum: Lord Mayor

Deputy Lord Mayor

Aldermen

Response to Question Without Notice

Lady Osborne Room - Audio System

Meeting: Governance Committee

Meeting date: 4 July 2017

Raised by: Alderman Reynolds

Question:

Could the Deputy General Manager provide advice on the current working capacity and potential upgrade of the audio system in the Lady Osborne Room?

Response:

The Lady Osborne Room functions satisfactorily as a corporate meeting room, without the need for audio, when there is no requirement to utilise seating at the rear of the room and/or further back, into the Town Hall Ante Room.

Where guests attend meetings, it becomes difficult to hear proceedings, particularly for those seated in the Ante Room.

The existing audio system is over ten years old, and not particularly user friendly. A brief has been issued to Council’s project delivery unit to provide costings for the upgrade of the existing audio system.

The brief includes assessment of the existing system and the potential upgrade of its configuration including the installation of improved microphones; as well as the provision of a replacement system.

Heather Salisbury

Deputy General Manager

Date: 27 July 2017

File Reference: F17/91848; 13-1-10

Agenda (Open Portion)

Governance Committee Meeting

Page 119

1/8/2017

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.

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