Minutes (Open Portion)

Finance and Governance Committee Meeting

Page 2

11/9/2018

Minutes (Open Portion)

Finance and Governance Committee Meeting

Page 4

11/09/2018

COCKER

The minutes of the Open Portion of the Finance and Governance Committee meeting held on Tuesday, 14 August 2018, be confirmed as an accurate record.

MOTION CARRIED

VOTING RECORD

6.1      Outstanding Long Term Parking Permit Debts as at 31 August 2018

DEPUTY LORD MAYOR

That the recommendation contained in the memorandum of the Manager Finance and the Director Financial Services of 4 September 2018, be adopted.

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

That the information contained in the memorandum of the Manager Finance and Director Financial Services of 3 September 2018 titled “Outstanding Long Term Parking Permit Debts as at 31 August 2018” be received and noted.

6.2      Local Government Act Review - Terms of Reference

DEPUTY LORD MAYOR

That the recommendation contained in the memorandum of the General Manager of 6 September 2018, be adopted, as amended by:

1.         In the second paragraph of the draft letter delete the words

“with the terms of reference for the Review and”

2.         The inclusion of the following penultimate paragraphs:

       “Since the 1990s, a combination of technological and social changes in Tasmania, combined with a significant increase in cooperation between municipalities with resource sharing and other arrangements, and the evolution of bodies, such as TasWater, that ensure more flexible, efficient and cost-effective delivery of services, indicates a willingness and acceptance to consider changes in the roles of State and local government. 

Models such as TasWater, especially in light of upcoming positive changes in its relationship with the State government, gives rise to the need to more broadly consider how service delivery and asset management across the State can be implemented while still delivering effective and strategic approaches to democracy for local communities.”

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

That the draft letter in relation to the Local Government Act 1993 Review Terms of Reference marked as Attachment B to item 6.2 of the Open Finance and Governance agenda of 11 September 2018 be endorsed as amended by:

1.         In the second paragraph of the draft letter delete the words

“with the terms of reference for the Review and”

2.         The inclusion of the following penultimate paragraphs:

          “Since the 1990s, a combination of technological and social changes in Tasmania, combined with a significant increase in cooperation between municipalities with resource sharing and other arrangements, and the evolution of bodies, such as TasWater, that ensure more flexible, efficient and cost-effective delivery of services, indicates a willingness and acceptance to consider changes in the roles of State and local government. 

Models such as TasWater, especially in light of upcoming positive changes in its relationship with the State government, gives rise to the need to more broadly consider how service delivery and asset management across the State can be implemented while still delivering effective and strategic approaches to democracy for local communities.”

6.3      Local Government Amendment (Miscellaneous) Bill 2018 and Local Government (Model Code of Conduct) Amendment Order 2018

DEPUTY LORD MAYOR

That the recommendation contained in the memorandum of the General Manager of 5 September 2018, be adopted, amended by the substitution of the word “test”, 3^rd occurring in clause 1 (i) with the word “tests”.

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

That:   1.    The Council make a submission to LGAT in relation to the Local Government Amendment (Miscellaneous) Bill 2018 and the Local Government (Model Code of Conduct) Amendment Order 2018 as follows:

(i)      The amendment to remove the ‘materiality’ test from the Model Code of Conduct and replace it with a ‘reasonable person’ test is not supported and that there should be no such tests contained in the Model Code of Conduct;

(ii)     An amendment to s28Z of the Local Government Act 1993 ought to be made requiring the General Manager to advise a respondent Alderman of the receipt of a code of conduct complaint against them;

(iii)    The creation of a new s28ZNA that states that individual councillors do not bear the costs of training under because of a determination by a Code of Conduct Panel is not supported as this cost ought to be borne by the individual councillor;

(iv)    That clarity be provided in relation to the effect of the commencement of the Bill on any open code of conduct complaint at the time of commencement; and

(v)     The proposed amendments to s56A s56B of the Local Government Act 1993 regarding disclosure of gifts and donations by candidates in an election are not supported as this process ought to be administered by the Tasmanian Electoral Commission and not the General Manager.

6.4      TasWater - Special General Meeting

THOMAS

That the recommendation contained in the memorandum of the General Manager of 6 September 2018, be adopted.

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

That:   1.    The Council instruct its Owner Representative to support the proposed resolutions at the Special General Meeting of TasWater on 27 September 2018, relating to:

i)     Adoption of a new Constitution

ii)    Adoption of a new Shareholders’ Letter of Expectations

iii)   Approval to enter into the Share Subscription and Implementation Agreement, including approval for the issue of shares in the Corporation to the State Government.

2.    Following consultation with the General Manager the Council’s Owner Representative be authorised to agree to any consequential amendments to the resolutions provided they do not significantly change the intent of the original resolutions.

6.5      Council and Committee Meetings - Election Arrangements

REYNOLDS

That the recommendation contained in the memorandum of the Manager Legal and Governance of 6 September 2018, be adopted.

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

That the Council approve the amendments to the meeting schedule, marked as Attachment A to item 6.5 of the Open Finance and Governance agenda of 11 September 2018.

6.6      Hobart City Deal - Update

THOMAS

That the recommendation contained in the memorandum of the General Manager of 6 September 2018, be adopted.

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

That the Council note the Hobart City Deal update.

6.7      Notice of Motion - Informal Vote

BURNET

That the recommendation contained in the report of the General Manager of 6 September 2018, be adopted.

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

That:   1.    The Council note the promotional activities undertaken to date regarding the forthcoming local government elections and enrolment on the General Manager’s Roll. 

           2.     The City of Hobart continue to promote the ‘make your mark’ campaign through social and print media channels as appropriate, until the close of polls on 30 October 2018.

            3.    The Council note a campaign focused on ‘how to vote’ will commence in early October 2018.

            4.    The success of promotional activities be measured by an increase in the return rate of ballots and a decrease in the number of informal votes returned during the 2018 elections when compared to the 2014 elections and a report be provided at the appropriate time.

6.8      Petitions - Cable Car

LORD MAYOR

That the recommendation contained in the memorandum of the General Manager of 4 September 2018, be adopted, amended by the inclusion of a clause 3:

“3.   The Council in its submissions on the review of the Local Government Act 1993 include a proposed amendment to section 58(3) of the Act to the effect that a petition not be tabled by the General Manager if the petition contains allegations of misconduct or a breach of a code of conduct by an Alderman or employee of the Council.”

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

That:   1.    Pursuant to section 60 of the Local Government Act 1993, the Council note:

(i)      The subject matter of the petitions received was requesting that Alderman Reynolds and Alderman Briscoe excuse themselves from voting on a cable car proposal; and

(ii)     The petitions contained 179 and 191 signatories respectively.

2.    The petitioners be advised of the content of the report marked as item 6.8 of the Open Finance and Governance Committee agenda of 11 September 2018 and the outcome of the Council’s consideration of this matter.

3.    The Council in its submissions on the review of the Local Government Act 1993 include a proposed amendment to section 58(3) of the Act to the effect that a petition not be tabled by the General Manager if the petition contains allegations of misconduct or a breach of a code of conduct by an Alderman or employee of the Council.

6.9      Lord Mayor / Deputy Lord Mayor - Current Term Vacancy

THOMAS

That the recommendation contained in the memorandum of the Manager Legal and Governance of 6 September 2018, be adopted.

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

That the mechanisms for filling a casual vacancy for the office of Lord Mayor, Deputy Lord Mayor and Aldermen be addressed as part of the review of the Local Government Act 1993.

7.1      Committee Actions - Status Report

COCKER

That the information be received and noted.

MOTION CARRIED

VOTING RECORD

THOMAS

That the revised response of the Deputy General Manager, dated 7 September 2018 on the Local Government Awards for Excellence as tabled at the meeting be received and noted along with the other information.

MOTION CARRIED

VOTING RECORD

Attachments

a    Local Government Awards for Excellence (Revised) ⇨  

11.      Aldermanic Professional Development - Revised Policy

DEPUTY LORD MAYOR

That the recommendation contained in the report of the General Manager of 7 September 2018, be adopted, amended by

1.     In respect to international relationships, the number of delegations in which aldermen may participate within a term of office, be reduced from 2 to 1 and the current policy wording “(or more, if deemed appropriate by the Council)”, be deleted.

2.     The maximum expenditure for individual aldermen on professional development activities be $5000 per annum and be subject to review annually.

MOTION CARRIED

VOTING RECORD

AMENDMENT

THOMAS

All aldermanic air travel be economy class.

MOTION CARRIED

VOTING RECORD

SUBSTANTIVE MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

That:   1.    The Council adopt the revised policy provisions and supporting guidelines relating to the delivery of training and development activities for Aldermen of the City of Hobart, as shown in the document marked as Attachment A to supplementary item 11 of the Open Finance and Governance agenda of 11 September 2018, as amended by the following:

(i)        In respect to international relationships, the number of delegations in which aldermen may participate within a term of office, be reduced from 2 to 1 and the current policy wording “(or more, if deemed appropriate by the Council)”, be deleted.

(ii)       The maximum expenditure for individual aldermen on professional development activities be $5000 per annum and be subject to review annually.

(iii)      All aldermanic air travel be economy class.

            2.    The Council’s policy titled “Aldermanic Development and Support” be varied, by the inclusion of the revised policy provisions.