Agenda of Finance and Governance Committee Meeting

Agenda (Open Portion)

Finance and Governance Committee Meeting

Page 4

9/4/2019

Finance and Governance Committee Meeting (Open Portion) held Tuesday, 9 April 2019 at 4:30 pm in the Lady Osborne Room, Town Hall.

COMMITTEE MEMBERS

Zucco (Chairman)

Deputy Lord Mayor Burnet

Sexton

Thomas

Dutta

NON-MEMBERS

Lord Mayor Reynolds

Briscoe

Denison

Harvey

Behrakis

Ewin

Sherlock

Apologies:

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 Finance and Governance Committee meeting held on Wednesday, 13 March 2019, 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.

Members of the Committee 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)

Finance and Governance Committee Meeting

Page 7

9/4/2019

REPORT TITLE: Local Government Association of Tasmania General Meeting Motions and 2019 General Management Committee election

REPORT PROVIDED BY: Acting General Manager

1. Report Purpose and Community Benefit

1.1. The purpose of this report is to determine whether the Council wishes to submit any motions to the Local Government Association of Tasmania’s (LGAT) July General Meeting and for the Council to consider whether it wishes to nominate an elected member to the position of President of the LGAT.

1.2. In providing motions to the LGAT the Council has the opportunity to influence government policy in the areas of particular interest and benefit to the City of Hobart.

2. Report Summary

General Meeting Motions

2.1. The LGAT’s General Meeting and Annual General Meeting are to be held on Wednesday 3 July 2019.

2.2. Each year the LGAT invites councils to submit motions connected with the objectives of the Association or of common concern to members for inclusion in the July meeting agenda.

2.3. The Council submitted four motions to the 2018 meeting; three were carried and one was lost.

2.4. Elected Members are invited to identify any appropriate motions which they may wish to see progress through this process.

2019 General Management Committee election

3.1 The Tasmanian Electoral Commission has been asked to conduct the 2019 election of President and six members of the General Management Committee (GMC) for a two year term in accordance with the rules of the LGAT.

3.2 As the City of Hobart has an ‘as of right’ membership on the GMC it is not counted in the Southern electoral district for the purposes of nomination or voting for GMC.

3.3 The City of Hobart can nominate an elected member for the position of President of the LGAT.

3. Recommendation

That:

1. The Council determine whether it wishes to submit any motions to the Local Government Association of Tasmania’s (LGAT) July General Meeting.

2. The Council determine whether it wishes to nominate an Elected Member for the position of LGAT President.

3. The Lord Mayor be authorised to vote on the Council’s behalf for the position of President of the Local Government Association of Tasmania.

4. Background

General Meeting Motions

4.1. Every year the LGAT writes to members inviting them to submit motions on matters connected with the objectives of the Association or of common concern to members for inclusion on the agenda of the July General Meeting.

4.2. In 2018, the Council submitted four motions to the meeting, namely:

Removal of the ‘materiality’ test as it relates to conflict of interest as set out in Part 2 of the Code of Conduct (lost);

Introduction of legislation to ban the provision of petroleum-based single use take-away food packaging. This motion was carried with an amendment which saw the word ‘ban’ replaced with ‘phase-out’ (carried);

Collective negotiations between Federal and State Government and other stakeholders to prompt a market response toward the increased costs of recycling as a consequence of changes to the Chinese government’s policies (carried), and;

Lobbying of councils to adopt the use of reusable and compostable items for use in council sponsored events (carried).

4.3 Elected Members are invited to identify any appropriate motions which they may wish to see progress through this process.

4.3.1 The Council is reminded that it has submitted four motions to the Australian Local Government Association National General Assembly to be held in Canberra from 16 to 19 June 2019. These motions related to an extension of the funding for the Smart Cities and Suburbs Program; broadening the definition of essential assets under the National Disaster Relief and Recovery Arrangements; establishment of an infrastructure fund to support active transport initiatives and indemnifying council that undertake climate change mitigation initiatives.

2019 General Management Committee election

4.4 The Tasmanian Electoral Commission has been asked to conduct the 2019 election of President and six members of the General Management Committee (GMC) for a two year term in accordance with the rules of the LGAT.

4.5 As the City of Hobart has an ‘as of right’ membership on the GMC it is not counted in the Southern electoral district for the purposes of nomination or voting for GMC.

4.6 The Council, however, can nominate an Elected Member for the position of President of the LGAT and similarly along with all other member councils, will be able to vote for the President of the LGAT with ballot material to be provided to councils in May.

4.7 If the Council resolves to nominate someone to the position of President of the LGAT, nominations need to be received by the Tasmanian Electoral Commission prior to 5.00pm on 30 April 2019.

4.8 Ballot material for the LGAT President and GMC will be posted on 3 May with closure of the ballot occurring at 10.00am on 19 June and the declaration of the result taking place on the same day.

4.9 For previous LGAT elections the Council has authorised the Lord Mayor to vote on its behalf.

5. Proposal and Implementation

5.1. The Council determine whether it wishes to submit any motions to the LGAT General Meeting to be held on 3 July 2019.

5.2. The LGAT has requested that any motions for the 3 July 2019 meeting be submitted by close of business 15 April 2019, however, the Council has been provided with a short extension of time given the Council will meet to consider this report on 15 April 2019.

5.3. In regard to the 2019 General Management Committee election, ballot papers will be circulated to councils in May. The closure for postal ballots is 10am on 19 June with the declaration of results taking place on the same day.

6. Strategic Planning and Policy Considerations

6.1. The Council has the opportunity to influence government policy in the areas of particular interest to the City of Hobart.

7. Financial Implications

7.1. Funding Source and Impact on Current Year Operating Result

7.1.1. Nil

7.2. Impact on Future Years’ Financial Result

7.2.1. Nil

7.3. Asset Related Implications

7.3.1. Nil

8. Legal, Risk and Legislative Considerations

8.1. Not applicable.

9. Delegation

9.1. 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.

Heather Salisbury

Acting General Manager

Date: 4 April 2019

File Reference: F19/34738

Attachment a: 2019 LGAT General Management Committee Election ⇩

Item No. 6.2

Agenda (Open Portion)

Finance and Governance Committee Meeting

Page 15

9/4/2019

REPORT TITLE: Revised City of Hobart Code for Tenders and Contracts

REPORT PROVIDED BY: Acting Director City Governance

1. Report Purpose and Community Benefit

1.1. The purpose of this report is to seek Council’s approval of a revised City of Hobart Code for Tenders and Contracts.

1.2. The community benefit is consistent with strategic objective 5.1 in the City of Hobart Capital City Strategic Plan 2015-25, being to deliver best value for money through strategic procurement decision-making.

2. Report Summary

2.1. Under the Local Government Act 1993 (Tas) (LG Act), Council is required to adopt a Code for tenders and contracts (Code), review it every 4 years and make it available to the public. The Code is to include specific matters as set out in the Local Government General Regulations 2015 (Tas) (the Regulations).

2.2. The City has had a Code since March 2012 and before that a Code of Public Tendering. It is regularly reviewed.

2.3. The Code has been recently reviewed and updated to reflect contemporary procurement best practice and to improve readability.

2.4. The Code was considered at the last Finance and Governance Committee where it was deferred to receive a further report on the implications of reducing the City’s first procurement threshold where a minimum of one written quotation should be sought from $10,000 to $5,000.

2.5. Council set the current procurement thresholds set out in the Code, including the tendering threshold, at its meeting on 24 August 2015.

2.6. A review of the $value of all invoices paid in the calendar year 2018 and the total amounts paid to individual suppliers during that year has been undertaken.

2.7. These statistics show that the quantum of procurements undertaken between $5,000 and $10,000 is low and doesn’t support a decrease to the first procurement threshold from $10,000 to $5,000.

2.8. The cost to both Council, in terms of seeking quotations, and suppliers to respond to quotation requests can be considerable. It is therefore not desirable to have quotation thresholds set at too low a level.

2.9. A revised version of the Code is presented to Council for approval.

3. Recommendation

That:

1. The Report ‘Revised City of Hobart Code for Tenders and Contracts’ be received and noted.

2. Council adopt the revised City of Hobart Code for Tenders and Contracts marked as Attachment A to this report, noting that the first procurement threshold where a minimum of one quotation is to be sought remains at $10,000.

3. The General Manager be authorised to finalise the City of Hobart Code for Tenders and Contracts and arrange for it to be made available to the public in paper format from the Council’s Customer Service Centre and in electronic format from Council’s website.

4. Background

4.1. Section 333B of the LG Act requires Council to adopt a Code for tenders and contracts, review it every 4 years and make it available to the public.

4.2. The Code must include specific matters, set out in Regulation 28 of the Local Government (General) Regulations 2015 (Tas) – refer Attachment A.

4.3. The purpose of the Code is to provide a framework for best practice procurement. The Code sets out how the City will meet its legislative obligations in respect to procurement, tendering and contracting. The Code includes a statement of ethics which underlines best practices to be applied by the City’s officers who organise or participate in procurement and service providers when they offer and are engaged to provide the City with goods, services or works.

4.4. The City has had a Code since March 2012 and before that a Code of Public Tendering.

4.5. The Code is regularly reviewed to ensure it remains reflective of best practice procurement, ensuring risks are managed to an appropriate level to achieve the City’s procurement activities and achieve best value for money for the City.

4.6. The most recent review was conducted in March 2018 where Council approved a revised Code to reflect Council’s decision to revise its tender and quotation exemption reporting processes.

4.7. At that time Council noted that the Code would be the subject of annual review and any further changes to the Code would be presented to Committee / Council in due course.

4.8. The Code has been recently reviewed and updated to reflect contemporary procurement best practice and to improve readability. The review included a legal review to ensure the Code complies with its legislative requirements.

4.9. The revised Code is presented to the Council for approval – refer Attachment B.

Procurement Thresholds

4.10. As outlined in the Code the City has four procurement thresholds at which a certain minimum number of written quotations shall be sought, being (GST exclusive):

4.10.1. Less than $10,000 – 1 written quote shall be sought.

4.10.2. $10,000 to $49,999 – 2 written quotes shall be sought.

4.10.3. $50,000 to $249,999 – 3 written quotes shall be sought.

4.10.4. $250,000 and over – Public Tender.

4.11. Section 333A of the LG Act requires a council to invite tenders for any contracts it intends to enter into for the supply of goods and services at or above the prescribed amount.

4.12. The prescribed amount under the Local Government (General) Regulations 2015 is $250,000 (excluding GST).

4.13. These thresholds have been in place since 2015 following the review of the Local Government (General) Regulations 2005, which recommended that the tendering threshold be lifted from $100,000 to $250,000 for local government procurement in Tasmania. The increase took into account rising costs and was aimed at reducing red tape for both agencies and suppliers.

4.14. It should be noted that these are minimum thresholds and officers frequently obtain more than the minimum number of quotations to ensure that open competition is achieved in the market when goods, services or works are required. Equally a tender process is undertaken for amounts below the tendering threshold if it is determined appropriate to do so and to ensure that best value is obtained for the goods, services or works.

4.15. At its meeting on 24 August 2015 the Council approved lifting its tendering and quotation thresholds to the limits outlined in section 4.10 above. It did so to reflect the State Government’s view that higher thresholds reflect rising costs, the desire to simplify quotation and tendering requirements for both councils and suppliers wishing to do business with councils and reduce red tape.

4.16. While no change has been recommended to these thresholds at this time, the option is open to Council to consider whether these thresholds remain appropriate.

4.17. Statistics show that Council paid 37,378 invoices from suppliers in 2018,

4.17.1. 32,693 or 87.5% were for amounts under $5,000.

4.17.2. 1,384 or 3.7% were for amounts between $5,000 and $10,000.

4.18. Statistics show that Council paid 3,221 separate suppliers for goods, services or works in 2018, however, this is perhaps a less reliable indicator as individual invoices paid to suppliers often pertain to unrelated work for the City that would not be quoted upon together,

4.18.1. 2,259 or 70% of suppliers were paid in total under $5,000 during 2018.

4.18.2. 272 or 8.4% of suppliers were paid in total between $5,000 and $10,000 in 2018.

4.19. The statistics show that the quantum of procurements undertaken between $5,000 and $10,000 is low and doesn’t support, in itself, a decrease to the first procurement threshold from $10,000 to $5,000.

4.20. The cost to both Council, in terms of seeking quotations, and suppliers to respond to quotation requests can be considerable. It is therefore not desirable to have quotation thresholds set at too low a level.

4.21. Officers will continue to seek more than the minimum number of quotations at any level where it is deemed appropriate to do so.

5. Proposal and Implementation

5.1. It is proposed that the Council adopt the attached City of Hobart Code for Tenders and Contracts, as amended, and make copies available to the public in a paper format from the Customer Service Centre and in electronic format prominently from the Council’s website as required under section 333(B)(4) of the LG Act, which states that:

5.1.1. The general manager is to make a copy of the council's code and any amendments to the code available –

(a) for public inspection at the public office during ordinary office hours; and

(b) for purchase at a reasonable charge; and

(c) on its internet site free of charge.

5.2. The revised Code will also be made available from the City’s e-tendering portal TenderLink.

5.3. If the Council decides to amend the limits of the procurement thresholds, Council’s policies, procedures, work instructions, training and induction materials will need to be updated and all Council Officers will need to be made aware of the changes.

6. Strategic Planning and Policy Considerations

6.1. This report proposes amendments to the City of Hobart Code for Tenders and Contracts.

6.2. This report is consistent with strategic objective 5.1 in the City of Hobart Capital City Strategic Plan 2015-25, being to deliver best value for money through strategic procurement decision-making.

7. Financial Implications

7.1. Funding Source and Impact on Current Year Operating Result

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

7.2. Impact on Future Years’ Financial Result

7.2.1. Not applicable.

7.3. Asset Related Implications

7.3.1. Not applicable.

8. Legal, Risk and Legislative Considerations

8.1. These are considered elsewhere in this report.

9. Delegation

9.1. This matter is delegated to Council.

Lara MacDonell

Acting Director City Governance

Date: 2 April 2019

File Reference: F19/35436

Attachment a: Regulation 28 - Code for Tenders and Contracts ⇩

Attachment b: Revised City of Hobart Code for Tenders and Contracts - March 2019 ⇩

Item No. 6.2

Agenda (Open Portion)

Finance and Governance Committee Meeting - 9/4/2019

Page 22

ATTACHMENT b

PDF Creator

Item No. 6.3

Agenda (Open Portion)

Finance and Governance Committee Meeting

Page 63

9/4/2019

Memorandum: Finance and Governance Committee

Insurance Policy

A new Policy has been developed to outline the City of Hobart’s arrangements with regard to insurance.

The policy provides clarity on the placement of the policies, the assets insured and the responsibilities of the Elected Members and Officers to notify circumstances that may give rise to a claim.

The policy is supported by a procedure which provides further detail on the insurance renewal process and officer responsibilities.

The policy has been reviewed by the City’s Corporate Safety and Risk Committee and Workforce Capability Team.

REcommendation

That:

1. The Insurance Policy be considered by the Committee and approved by the Council.

Heather Salisbury

Acting General Manager

Date: 4 April 2019

File Reference: F19/36524

Attachment a: Insurance Policy - draft ⇩

Item No. 7.1

Agenda (Open Portion)

Finance and Governance Committee Meeting

Page 72

9/4/2019

7. Motions of which Notice has been Given

7.1 Local Government Act - Petitions Polls & Meetings

FILE REF: F19/33120; 13-1-9

Alderman Zucco

Motion

“That a report be prepared to review Part 6 of the Local Government Act 1993 in relation to petitions, polls and meetings with a view to the Act being amended to place controls around the requirements for councils to hold elector meetings and conduct elector polls, including the threshold for petitions requiring councils to hold an elector meeting or conduct an elector poll, the timing of an elector poll and the costs to communities for both.”

Rationale:

“In the last 18 months the Council has received three elector petitions requiring the Council to conduct elector meetings. Provided the petitions exceed the threshold in the Act of 1,000 electors or 5% of the electors, whichever is the lesser, the Council is obliged to hold the elector meeting.

Elector meetings are expensive and the Council does not have the ability to not hold the meetings. In addition, following an elector meeting, the Act allows for a further petition to be lodged within thirty days of the meeting requiring the Council (provided the elector threshold is met) to conduct an elector poll.

An elector poll is expensive (in Hobart’s case the cost would be +/- $140,000 -$175,000 based on a $4-5 per Elector x 35,000 electors plus officer time) and the result of the poll is not binding on the Council.

The tight time frames imposed under the Act plus the obligatory requirements for the Council to hold a meeting and conduct an elector poll require review.

In addition, elector polls should not be conducted outside the ordinary council election cycle.”

The Acting General Manager reports:

“In line with the Council’s policy in relation to Notices of Motion, I advise that the matter is considered to be within the jurisdiction of the Hobart City Council as it relates to the provisions of the Local Government Act 1993.”

Item No. 7.3

Agenda (Open Portion)

Finance and Governance Committee Meeting

Page 74

9/4/2019

7.3 Joining the ICAN Nuclear Weapons-Free Cities Appeal

FILE REF: F19/36723; 13-1-9

Deputy Lord Mayor Burnet

Motion

“Given the lack of action by the federal government on signing the UN Treaty on the Prohibition of Nuclear Weapons (2017), and the ongoing concern of Hobart residents about the threat nuclear weapons pose to communities throughout the world, the City of Hobart:

1) Endorse and join the ICAN Cities Appeal for a nuclear weapons-free planet. The UN Prohibition of Nuclear Weapons Treaty is the first treaty to comprehensively outlaw nuclear weapons, setting out a pathway for their total elimination.

2) Write to the federal government, leader of the Opposition Party and other parties endorsing the ICAN Cities Appeal

3) Ensure that funds administered by the City of Hobart are not invested in companies that produce nuclear weapons.

4) Issue a press release announcing that Hobart has joined other cities across the world to call on their governments to sign and ratify the UN Treaty on the Prohibition of Nuclear Weapons.”

Rationale:

“More than seven decades on from the atomic destruction of Hiroshima and Nagasaki, we are still living under the shadow of the bomb. Almost 15,000 nuclear weapons remain in our world, held by nine nations.

Many Hobart citizens are deeply concerned about the grave threat that nuclear weapons pose to communities throughout the world.

The Treaty on the Prohibition of Nuclear Weapons endorsed by the United Nations in 2017 has not yet been signed by Australia.

As a member of Mayors for Peace, the City of Hobart has already committed to working towards a nuclear-free planet. Mayors for Peace has also endorsed a Nuclear Weapons-free Treaty, and supports the actions of the International Campaign for the Abolition of Nuclear Weapons. A letter of endorsement for the Treaty and the ICAN Cities Appeal can be read here.”

The Acting General Manager reports:

“In line with the Council’s policy in relation to Notices of Motion, I advise that the matter is considered to be within the jurisdiction of the Hobart City Council as the motion, as proposed, supports the work undertaken by the Mayors for Peace towards a nuclear-free planet. The City of Hobart is a member of the Mayors for Peace.”

Item No. 7.4

Agenda (Open Portion)

Finance and Governance Committee Meeting

Page 76

9/4/2019

7.4 Safe and Welcoming Community

FILE REF: F19/36761; 13-1-9

Councillor Harvey

Motion

“That, in line with the Hobart Community Vision and City of Hobart Social Inclusion Policy 2014-2019; the Council reaffirm its commitment to creating a safe and welcoming City, by supporting strong gun regulation and rejecting any attempt to weaken gun control laws, and in doing so, the Council implement the following actions:

1. Write to the leaders of all political parties (State and Federal) urging them to stand firm against efforts to weaken gun control laws and to reject political donations from the gun lobby; and

2. Write to the Prime Minister and the Tasmanian Premier affirming the Council’s position for strong gun control laws.”

Rationale:

“In light of the recent events in Christchurch, the exposure of One Nation’s attempt to influence and weaken gun control laws in association with, and tactics derived from, the National Rifle Association (NRA) in the USA, and the uncovering and highlighting of large political donations from the gun lobby in Australia to political parties, it is in the public interest and wellbeing of citizens that the Council affirm its commitment to creating a safe and welcoming city and to reject any attempt by any political party at either a state or federal level to weaken gun control laws.

Part two of Hobart’s Vision document strongly articulates that as an island, Tasmania is a socially inclusive community where people feel informed, safe, happy, healthy and resilient. Hobart prides itself on being a safe city where we look out for each other and, given the tragic events in New Zealand, there is an opportunity for the Council to affirm its commitment to creating a safe and welcoming place for all.

The guiding principles of the City’s Social Inclusion Policy 2014-2019 highlights that recognising diversity in the community is one of our greatest strengths. We ensure that our practices, policies and procedures actively build social inclusion and do not contribute to social exclusion by creating a liveable, safe and people friendly city.

As the capital city council it is beholden on us to take a lead role in ensuring that our community is a safe place for all.”

The Acting General Manager reports:

“In line with the Council’s policy in relation to Notices of Motion, I advise that the matter is considered to be within the jurisdiction of the Hobart City Council as it is based on the City’s Hobart Community Vision and City of Hobart Social Inclusion Policy 2014-2019.”

Item No. 9.1

Agenda (Open Portion)

Finance and Governance Committee Meeting

Page 90

9/4/2019

Memorandum: Lord Mayor

Deputy Lord Mayor

Elected Members

Response to Question Without Notice

Public Infrastructure Funding

Meeting: Finance and Governance Committee

Meeting date: 13 March 2019

Raised by: Deputy Lord Mayor

Question:

Could the General Manager advise whether it is possible under the current provisions in the Local Government Act 1993 for the Council to implement a value capture scheme for zoning improvements to fund public infrastructure. If not, could the General Manager advise what changes would be required to the Act and whether these changes could be incorporated into the current review of the Act?

Response:

Currently there are only limited and inadequate means for recapturing betterment available to local government. It is not possible under the current provisions in the Local Government Act 1993 to implement a value capture scheme for zoning improvements to fund public infrastructure.

However, betterment could be recouped through council rates under certain conditions but these conditions would require significant legislative and other changes. In summary achieving land value capture would require the following:

· A change in the City’s current valuation and rating strategy requiring Council to rate using Land Value not Assessed Annual Value as Council currently does (unless legislation is changed to allow more than one valuation basis to be used).

· Legislative change to the Local Government Act 1993 to allow for:

o more than one valuation basis to be used – section 90(3);

· Legislative changes to the Valuation of Land Act 2001 to allow for:

o increased frequency of and more rigorous land valuations to be conducted by the Office of the Valuer General; and

o valuation assessments that include inflation, general community influences and betterment for each property in the municipality.

o an expansion of reasons for which the Valuer-General may cause a supplementary valuation to be made to include rezoning – section 21(1);

· The introduction of a land value based rate by Council with a specific calculation.

· A set of assumptions such as, as at its commencement date, all betterment prior to that date remains with the landowner, and that all subsequent betterment is to be subject to the ‘land value capture’ levy.

· The ability to clearly define the properties to be included in the land value capture scheme.

· The ability to determine whether Council decision has affected the land value or other factors i.e. the benefit conferred by Council would need to be quantified.

· A land value capture scheme may also need to make provision for compensation for those adversely affected by decisions i.e. the concept of ‘worsenment’, being the reverse of ‘betterment’.

· Quantification of the financial implications.

In 2013 the City received advice from Toomey Maning & Co on betterment and land value capture. Should Council wish to pursue the concept of land value capture that advice could be forwarded to the Director Local Government for consideration as part of the local government legislative framework review.

Lara MacDonell

Group Manager Rates and Procurement

Heather Salisbury

Deputy General Manager

Date: 21 March 2019

File Reference: F19/31959

Agenda (Open Portion)

Finance and Governance Committee Meeting

Page 92

9/4/2019

10. Questions Without Notice

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

File Ref: 13-1-10

An Elected Member may ask a question without notice of the Chairman, another Elected Member, 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 Elected Member 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, Elected Member, 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 Elected Members, at the appropriate time.

(iii) upon the answer to the question being circulated to Elected Members, 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.

Agenda (Open Portion)

Finance and Governance Committee Meeting

Page 93

9/4/2019

11. Closed Portion Of The Meeting

RECOMMENDATION

That the Council resolve by absolute majority that the meeting be closed to the public pursuant to regulation 15(1) of the Local Government (Meeting Procedures) Regulations 2015 because the items included on the closed agenda contain the following matters:

· the disposal of land

· lease of land

· legal action involving the Council

· tender for the supply of goods

· information of a personal and confidential

The following items are listed for discussion:-

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 Reports

Item No. 4.1 Charitable Rates Exemptions

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

Item No. 4.2 Bad Debt Write-Off

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

Item No. 4.3 Remissions of Rates and Charges Granted

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

Item No. 4.4 Write-Off of Debts

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

Item No. 4.5 Street ReNumbering Request - Sandy Bay Road

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

Item No. 5 Committee Action Status Report

Item No. 5.1 Committee Actions - Status Report

LG(MP)R 15(2)(a), (c)(ii), (f), (g) and e(i)

Item No. 6 Questions Without Notice

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.