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City of hobart

MINUTES

Governance Committee Meeting

 

Open Portion

 

Tuesday, 1 August 2017 at 5.00 pm.

 


 

Minutes (Open Portion)

Governance Committee Meeting

Page 2

 

1/8/2017

 

 

 ORDER OF BUSINESS

 

APOLOGIES AND LEAVE OF ABSENCE

1.        Co-Option of a Committee Member in the event of a vacancy  3

2.        Confirmation of Minutes. 3

3.        Consideration of Supplementary Items. 4

4.        Indications of Pecuniary and Conflicts of Interest. 4

5.        Transfer of Agenda Items. 4

6.        Reports. 5

6.1     Code of Conduct Review. 5

6.2     Disclosure of confidential matters - notice of motion. 6

6.3     City of Hobart - Customer Service Charter 7

6.4     Conduct of Council Workshops. 8

6.5     State Fire Commission - Local Government Representative - LGAT call for nominations. 9

6.6     State Fire Management Council - Local Government Representative - LGAT call for nominations. 9

6.7     Conference Reporting - 2017 National General Assembly of Local Government - 18 to 21 June 2017. 10

7.        Committee Action Status Report. 11

7.1     Committee Actions - Status Report 11

8.        Responses to Questions without Notice. 11

9.        Questions without Notice. 12

10.     Closed Portion of the Meeting.. 12

 


 

Minutes (Open Portion)

Governance Committee Meeting

Page 3

 

1/08/2017

 

 

Governance Committee Meeting (Open Portion) held on 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

 

 

 

PRESENT: Alderman E R Ruzicka

(Chairman), the Deputy Lord Mayor

Alderman R G Christie, Aldermen

P S Cocker, D C Thomas, A M Reynolds and W F Harvey.

 

APOLOGIES: Nil.

 

LEAVE OF ABSENCE: Nil.

 

ALDERMEN

Lord Mayor Hickey

Zucco

Briscoe

Sexton

Burnet

Denison

Harvey

 

 

 

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

 

No Aldermen were co-opted to the Committee.

 

2.       Confirmation of Minutes

 

THOMAS

 

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, be confirmed as an accurate record.   

MOTION CARRIED

VOTING RECORD

AYES

NOES

Ruzicka

 

Deputy Lord Mayor Christie

 

Cocker

 

Thomas

 

Reynolds

 

 

The minutes were signed.

 

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.

 

No supplementary items were received.

 

 

 

 

 

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 conflicts 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.

 

No interest was indicated.

 

 

 

 

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?

 

No items were transferred.


 

6.       Reports

 

6.1      Code of Conduct Review

            File Ref: F17/89697; 17/118

THOMAS

 

That:   1.    The recommendation contained in the report of the General Manager of the 27 July 2017 be adopted.  

 

2.    The following matters also be included in the review:

(i)      The following timeframes be adopted:

·           Formation of the Code of Conduct Panel within four weeks of the complaint being referred.

 

·           Hearings by the Code of Conduct Panel to be held within 30 working days of the formation of the Panel.

(ii)     The Local Government Association of Tasmania seek legal advice on:

·           The potential conflict with section 28 of the Local Government Act 1993 (Function of councillors).

 

·           The requirement for all candidates to publish candidate statements prior to an election.

 

·           The lack of clarity in the model code in relation to concepts such as ‘public interest’, the principles of transparency and the applicability of non-pecuniary conflicts.

(iii)    The Local Government Association of Tasmania clarify if the model code of conduct has been compared with those in other States.

(iv)    The Council support the specific areas of concern raised by the Local Government Association of Tasmania in the discussion paper provided at Attachment A of the report on the Open Governance Committee agenda dated 1 August 2017.

 

MOTION CARRIED

VOTING RECORD

AYES

NOES

Ruzicka

 

Deputy Lord Mayor Christie

 

Cocker

 

Thomas

 

Reynolds

 

 

 

 

 

COMMITTEE RESOLUTION:

 

That:   1.    The recommendation contained in the report of the General Manager of the 27 July 2017 be adopted.  

 

2.    The following matters also be included in the review:

(i)    The following timeframes be adopted:

·           Formation of the Code of Conduct Panel within four weeks of the complaint being referred.

 

·           Hearings by the Code of Conduct Panel to be held within 30 working days of the formation of the Panel.

(ii)   The Local Government Association of Tasmania seek legal advice on:

·           The potential conflict with section 28 of the Local Government Act 1993 (Function of councillors).

 

·           The requirement for all candidates to publish candidate statements prior to an election.

 

·           The lack of clarity in the model code in relation to concepts such as ‘public interest’, the principles of transparency and the applicability of non-pecuniary conflicts.

(iii)  The Local Government Association of Tasmania clarify if the model code of conduct has been compared with those in other States.

(iv)  The Council support the specific areas of concern raised by the Local Government Association of Tasmania in the discussion paper provided at Attachment A of the report on the Open Governance Committee agenda dated 1 August 2017.

Delegation:       Council

 

 

 

 

 

 

6.2      Disclosure of Confidential matters - Notice of Motion

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

THOMAS

 

That: 1.      The recommendation contained in the report of the Deputy General Manager of 27 July 2017, be adopted and amended by the word ‘requests’ in clause 1 being replaced with the word ‘approved.’

 

The following clause 3 be included:

 

3.    All future requests for grants, donations and incentive payments be considered in Open committee and Council meetings and the Council’s policy and guidelines be updated accordingly to reflect this.

 

MOTION CARRIED

VOTING RECORD

AYES

NOES

Ruzicka

 

Deputy Lord Mayor Christie

 

Cocker

 

Thomas

 

Reynolds

 

 

COMMITTEE RESOLUTION:

That:   1.    The Council note that existing Council policies already provides for disclosure of the details of approved 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.

3.    All future requests for grants, donations and incentive payments be considered in Open committee and Council meetings and the Council’s policy and guidelines be updated accordingly to reflect this.

 

Delegation:       Council

 

 

 

 

 

6.3      City of Hobart - Customer Service Charter

            File Ref: F17/92545

Procedural Motion

 

Christie                                                                                                                     

 

That the matter be deferred to enable a re-drafted Charter to be submitted to the Committee.

 

MOTION CARRIED

VOTING RECORD

AYES

NOES

Ruzicka

 

Deputy Lord Mayor Christie

 

Cocker

 

Thomas

 

Reynolds

 

 

COMMITTEE RESOLUTION:

 

That the matter be deferred and resubmitted to the Governance Committee.

 

Delegation:       Committee

 

 

 

 

 

6.4      Conduct of Council Workshops

            File Ref: F17/92995; 16/119

THOMAS

 

That    1.    Following each Council workshop, a copy of any presentation and other material provided be made available on the confidential area of the Hub.

 

2.    The consideration of recording workshops be deferred until such time as the future direction of committees and workshops has been agreed.

MOTION CARRIED

VOTING RECORD

AYES

NOES

Ruzicka

 

Deputy Lord Mayor Christie

 

Cocker

 

Thomas

 

Reynolds

 

 

COMMITTEE RESOLUTION:

 

That: 1.      Following each Council workshop, a copy of any presentation and other material provided be made available on the confidential area of the Hub.

 

 

2.      The consideration of recording workshops be deferred until such time as the future direction of committees and workshops has been agreed.

 

Delegation:       Council

 

 

 

 

 

6.5      State Fire Commission - Local Government Representative - LGAT Call for Nominations

            File Ref: F17/93221; 17/106

CHRISTIE

That the Council delegate to the General Manager the authority to nominate a suitable officer for the vacant position on the State Fire Commission.

MOTION CARRIED

VOTING RECORD

AYES

NOES

Ruzicka

Cocker

Deputy Lord Mayor Christie

 

Thomas

 

Reynolds

 

 

COMMITTEE RESOLUTION:

 

That the Council delegate to the General Manager the authority to nominate a suitable officer for the vacant position on the State Fire Commission.

 

Delegation:       Council

 

 

 

 

 

6.6      State Fire Management Council - Local Government Representative - LGAT Call for Nominations

            File Ref: F17/93233; 17/106

CHRISTIE

That the recommendation contained in the report of the General Manager of 25 July 2017, be adopted.

 

 

MOTION CARRIED

VOTING RECORD

AYES

NOES

Ruzicka

 

Deputy Lord Mayor Christie

 

Cocker

 

Thomas

 

Reynolds

 

 

COMMITTEE RESOLUTION:

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.

 

Delegation:       Council

 

 

 

 

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

            File Ref: F17/88407

CHRISTIE

That the recommendation contained in the report of the General Manager of 27 July 2017, be adopted.

MOTION CARRIED

VOTING RECORD

AYES

NOES

Ruzicka

 

Deputy Lord Mayor Christie

 

Cocker

 

Thomas

 

Reynolds

 

 

 

COMMITTEE RESOLUTION:

That the report provided by the Deputy Lord Mayor Alderman Christie on the National General Assembly of Local Government be received and noted.

 

Delegation:       Committee

 

 

7.       Committee Action Status Report

 

7.1      Committee Actions - Status Report

            File Ref: F17/94023

THOMAS

That the information be received and noted.

 

 

MOTION CARRIED

VOTING RECORD

AYES

NOES

Ruzicka

 

Deputy Lord Mayor Christie

 

Cocker

 

Thomas

 

Reynolds

 

 

Delegation:       Committee

  

 

8.       Responses to Questions without Notice

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

 

8.1    Lady Osborne Room - Audio System

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

 

REYNOLDS

That the information be received and noted.

MOTION CARRIED

VOTING RECORD

AYES

NOES

Ruzicka

 

Deputy Lord Mayor Christie

 

Cocker

 

Thomas

 

Reynolds

 

 

Delegation:       Committee


 

 

9.       Questions without Notice

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

File Ref: 13-1-10

 

9.1      Alderman Reynolds – kunanyi / Mount Wellington Landowner Consent

            File Ref: 13-1-10

 

Question:    If the State take ownership of the land on the summit, can the landowner of the remaining land (Cascade) even provide consent for a DA given that the zoning of that land (Environmental Living) prohibits what is being proposed?  Given that the planning scheme prohibits the development that is being proposed, is there a need to re-zone the land before a DA could be lodged?

Answer:       The General Manager took the question on notice for referral to the City Planning Committee.

 

 

 

 

 

 

10.     Closed Portion of the Meeting

 

The following items were discussed: -

 

Item No. 1          Minutes of the last meeting of the Closed Portion of the Council Meeting

Item No. 2          Consideration of supplementary items to the agenda

Item No. 3          Indications of pecuniary and conflicts of interest

Item No. 4          Responses to Questions Without Notice

Item No. 4.1       Town Hall Reception

LG(MP)R 15(2)e(i) and e(ii)

Item No. 5          Committee Action Status Report

Item No. 5.1       Committee Actions - Status Report

LG(MP)R 15(2)(g)

Item No. 6          Questions Without Notice

 

CHRISTIE                                                                            That the items be noted.

MOTION CARRIED

 

 

VOTING RECORD

AYES

NOES

Ruzicka

 

Deputy Lord Mayor Christie

 

Cocker

 

Thomas

 

Reynolds

 

 

 

 

 

   

The Chairman adjourned the meeting at 5.58 pm to conduct the closed portion of the meeting.

 

The meeting reconvened at 5.59 pm.

 

Item 10 was then taken.

 

There being no further business the meeting closed at 6.00 pm.

 

 

 

 

 

TAKEN AS READ AND SIGNED AS A CORRECT RECORD THIS
5th DAY OF september 2017.

CHAIRMAN