MINUTES

Open Portion

Monday, 28 August 2023

AT 5.00 pm

Council Chamber, Town Hall

 


 

Minutes (Open Portion)

Council Meeting

Page 1

 

28/8/2023

 

 

 ORDER OF BUSINESS

 

PRESENT, APOLOGIES AND LEAVE OF ABSENCE

1.        Acknowledgement of Country. 4

2.        Confirmation of Minutes. 5

3.        Transfer of Agenda Items. 5

4.        Communication from the Chairman. 6

5.        Notification of Council Workshops. 7

6.        Public Question Time. 7

7.        Petitions. 8

8.        Consideration of Supplementary Items. 8

9.        Indications of Pecuniary and Conflicts of Interest. 8

Officer Reports

10.     North Hobart Neighbourhood Plan Discussion Paper 8

11.     Lease - Part of 1 Bell Street, New Town in Tasmania. 10

12.     International Relations Policy. 11

13.     Status of the Urban Canopy on Public and Private Land. 12

14.     Response to Petition - TasNetworks Transformer Relocation - Harbroe Avenue, New Town. 16

15.     Response to Petition - Salamanca Stallholder Association Negotiation on draft Licence Agreement 17

16.     Independent Review of Commonwealth Disaster Funding submission. 18

17.     Procurement - Quotation Exemption Report 19

Report of the Chief Executive Officer

18.     Governing Hobart - Sense Check. 20

19.     Save UTAS Correspondence. 21

20.     Tasmanian AFL Package - High Performance Centre. 23

21.     Code of Conduct Determination Report   Ms Anna Sharman v Councillor Ben Lohberger 25

Motions of which notice has been given

22.     Climate Change Leadership: Transport Emissions. 26

23.     Talent Acquisition Policy Update. 36

24.     Public Interests Register Policy Update. 42

25.     RESPONSES TO QUESTIONS WITHOUT NOTICE. 47

26.     QUESTIONS WITHOUT NOTICE. 48

27.     Closed Portion of the Meeting.. 49

 


 

Minutes (Open Portion)

Council Meeting

Page 1

 

28/08/2023

 

 

PRESENT:

The Lord Mayor Councillor A M Reynolds, the Deputy Lord Mayor Councillor H Burnet, Councillor W F Harvey, Alderman S Behrakis, Councillors M S C Dutta, Dr Z E Sherlock, J L Kelly, L M Elliot, Alderman L A Bloomfield, Councillors R J Posselt and B Lohberger.

 

 

APOLOGIES:

Nil.

 

LEAVE OF ABSENCE:

Alderman M Zucco

 

Councillor Sherlock joined the meeting at 5.11pm and was not present for items 1 to 9 inclusive.

Councillor Lohberger left the meeting at 5.39pm, returning at 5.40pm.

Councillor Elliot left the meeting at 6.51pm, returning at 6.53pm.

Alderman Behrakis left the meeting at 6.54pm, returning at 6.55pm and was not present for items 14 and 15 inclusive.

Councillor Sherlock left the meeting at 7.05pm, returning at 7.07pm.

Councillor Kelly left the meeting at the commencement of the dinner break at 7.13pm, returning at 7.33pm.

Councillor Posselt left the meeting at the commencement of the dinner break at 7.13pm, returning at 7.34pm and was not present for the substantive vote on item 19 and item 21.

Councillor Sherlock retired from the meeting at 7.13pm at the commencement of the dinner break and was not present for present for the substantive vote on item 19 and items 21 to 27 inclusive.

The Deputy Lord Mayor Councillor Burnet retired from the meeting at 8.48pm and was not present for items 24 to 27 inclusive.

 

1.       Acknowledgement of Country

 

The Chairperson provided an acknowledgement of Country.

 

 

 

 

 

 

2.       Confirmation of Minutes

 

The Chairman reported that she has perused the minutes of the meeting of the Open Portion of the Council meeting held on Monday, 17 July 2023, finds them to be a true record and recommends that they be taken as read and signed as a correct record.

 

 

Burnet

Behrakis                                                 That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

AYES

NOES

Lord Mayor Reynolds

 

Deputy Lord Mayor Burnet

 

Harvey

 

Behrakis

 

Dutta

 

Kelly

 

Elliot

 

Bloomfield

 

Posselt

 

Lohberger

 

 

The minutes were signed.

 

3.       Transfer of Agenda Items

 

Are there any items, which the meeting believes, should be transferred from this agenda to the closed agenda or from the closed agenda to the open agenda, in accordance with the procedures allowed under Section 15 of the Local Government (Meeting Procedures) Regulations 2015?

 

No items were transferred.

 

 

 

 

 

 

Lohberger

Posselt                                                                                                                      

 

That item 20 be taken after item 9.

 

MOTION CARRIED

 

VOTING RECORD

AYES

NOES

Lord Mayor Reynolds

 

Deputy Lord Mayor Burnet

 

Harvey

 

Behrakis

 

Dutta

 

Kelly

 

Elliot

 

Bloomfield

 

Posselt

 

Lohberger

 

 

 

 

4.       Communication from the Chairman

 

4.1      Face Time - 27 Stories of St Giles

 

The Lord Mayor brought to the Council’s attention the publication of Face Time: 27 Stories of St.Giles.

The meeting noted that in early 2020 when COVID-19 first struck, St Giles, with the support of a City of Hobart community grant, collected interviews from former staff, board members, people living with disability, and supporters connected to the organisation.

These interviews give a history of a remarkable organization that has provided support to Tasmanians with disability over its 85-year history from the perspective of these 27 individuals.

 

The book, was launched at the start of their 85th year and explores how diverse individuals stay connected to St.Giles.

 

Five selected art works and copies of the book were included in the Ability to Create art exhibition held at Town Hall in July 2023. St Giles has shared a piece of their history and recent exhibition by presenting a copy of the book to the city.

 

 

 

 

5.       Notification of Council Workshops

In accordance with the requirements of the Local Government (Meeting Procedures) Regulations 2015, the Chief Executive Officer reports that the following Council workshops have been conducted since the last ordinary meeting of the Council.

 

Date:              Monday 31 July 2023

Purpose:        Rating and Valuation Strategy Review

 

Attendance:

The Lord Mayor Councillor A Reynolds, Deputy Lord Mayor Councillor H Burnet, Councillors B Harvey, M Dutta, J Kelly, L Elliot, Alderman L Bloomfield, Councillors R Posselt, B Lohberger

Apologies:

Councillor Dr Z Sherlock

 

 

Date:              Thursday 3 August 2023

Purpose:        Global Approaches to Placemaking for Elizabeth Street Plan

 

Attendance:

The Lord Mayor Councillor A Reynolds, Deputy Lord Mayor Councillor H Burnet, Councillors B Harvey, M Dutta, J Kelly, Alderman L Bloomfield, Councillor B Lohberger

 

Apologies:

Councillors Dr Z Sherlock, R Posselt

 

 

Date:              Monday 7 August 2023

Purpose:        Capital City Strategic Plan

 

Attendance:

The Lord Mayor Councillor A Reynolds, Councillors B Harvey, M Dutta, J Kelly, L Elliot, Alderman L Bloomfield, Councillors R Posselt and B Lohberger

 

Apologies:

The Deputy Lord Mayor Councillor Burnet, Councillor Dr Z Sherlock

6.       Public Question Time

 

No public questions were received.

 

7.       Petitions

 

No petitions were received.

8.       Consideration of Supplementary Items

Ref: Part 2, Regulation 8(6) of the Local Government (Meeting Procedures) Regulations 2015.

RECOMMENDATION

 

That the Council resolve to deal with any supplementary items not appearing on the agenda, as reported by the Chief Executive Officer in accordance with the provisions of the Local Government (Meeting Procedures) Regulations 2015.

 

No supplementary items were received.

 

 

 

9.       Indications of Pecuniary and Conflicts of Interest

Ref: Part 2, Regulation 8(7) of the Local Government (Meeting Procedures) Regulations 2015.

 

Elected Members were 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 Council has resolved to deal with.

 

No interest was indicated.

OR

 

 

Item 20 was then taken.

 

 

 

Officer Reports

 

10.      North Hobart Neighbourhood Plan Discussion Paper

            File Ref: F23/75074; 22/65

 

 

Burnet

Lohberger  

 

That the recommendation contained in the officer report, marked as item 10 of the Open Council agenda of 28 August 2023, be adopted.

 

 

 

 

 

Amendment

 

Posselt

Dutta                                                                                                                           

 

That:

 

1.    Attachment A to item 10 titled ‘North Hobart Neighbourhood Plan Discussion Paper’, be amended as follows prior to release:

 

a.    On page 55 headed ‘Idea 04’, under ‘Opportunities’ – a 4th dot point be added that reads:

‘Rezone light industrial land to residential to provide a more diverse range of housing in close proximity to central Hobart.’

 

b.    On page 97 headed ‘Where to from here’ – an additional 8th dot point be added that reads:

“What land use and zoning changes would you like to see?”

 

2.    The words ‘amended as follows,’ be included after ‘(Attachment A)’.

 

 

AMENDMENT LOST

VOTING RECORD

AYES

NOES

Lord Mayor Reynolds

Deputy Lord Mayor Burnet

Behrakis

Harvey

Dutta

Sherlock

Posselt

Kelly

Lohberger

Elliot

 

Bloomfield

 

MOTION CARRIED

VOTING RECORD

AYES

NOES

Lord Mayor Reynolds

 

Deputy Lord Mayor Burnet

 

Harvey

 

Behrakis

 

Dutta

 

Sherlock

 

Kelly

 

Elliot

 

Bloomfield

 

Posselt

 

Lohberger

 

 

 

 

COUNCIL RESOLUTION:

 

That the Council endorse the release of both the North Hobart Neighbourhood Plan Discussion Paper (Attachment A to item 10 of the Open Council agenda of 28 August 2023), and the North Hobart Neighbourhood Plan Economic Assessment (Attachment B to item 10 of the Open Council agenda of 28 August 2023) for use during consultation with the community.

 

 

11.      Lease - Part of 1 Bell Street, New Town in Tasmania

            File Ref: F23/86330

 

 

Harvey

Lohberger  

 

That clause 1(i) and clause 2 of the recommendation contained in the officer report, marked as item 11 of the Open Council agenda of 28 August 2023, be adopted.

 

 

MOTION CARRIED BY ABSOLUTE MAJORITY

VOTING RECORD

AYES

NOES

Lord Mayor Reynolds

 

Deputy Lord Mayor Burnet

 

Harvey

 

Behrakis

 

Dutta

 

Sherlock

 

Kelly

 

Elliot

 

Bloomfield

 

Posselt

 

Lohberger

 

 

 

 

COUNCIL RESOLUTION:

 

That:

1.      The Council:

(i)      Resolve by absolute majority to grant a lease to the Hobart Community Shed Ltd of that part if 1 Bell St, New Town in Tasmania indicated on the plan contained in Attachment A for a period of ten (10) years with the option for a further ten (10) year term at the nominal rental of $100.00 plus GST per annum;

2.      The Council further resolve:

(i)      To undertake the statutory consultation process prescribed by section 178 of the Local Government Act 1993 (Tas)(“Act”), being:

(a)     to publish its intention to grant a lease on at least 2 separate occasions in a daily newspaper circulating in the municipal area; and

(b)     display a copy of the notice on any boundary of the public land that abuts a highway; and

(c)     notify the public that an objection to the proposed sale, lease, donation, exchange or disposal may be made to the Chief Executive Officer (“CEO”) within 21 days of the date of the first publication.

(ii)     That the granting of the lease be conditional on the Council not receiving any objection under section 178(4) of the Act or an appeal of the decision to grant a lease of the Land under section 178 of the Act; 

(iii)    To delegate to the Chief Executive Officer the authority to settle the terms of the proposed lease and to respond to any objections or appeals of the Council’s decision to grant a lease of the Land; and

(iv)    The discounted rental be reported in the Council’s Annual Report in accordance with the Council’s Policy: Leases to Non-Profit Organisations.

 

 

 

12.      International Relations Policy

            File Ref: F23/57310

 

 

Dutta

Harvey

 

That the recommendation contained in the officer report, marked as item 12 of the Open Council agenda of 28 August 2023, be adopted.

 

 

MOTION CARRIED

 

 

 

 

 

VOTING RECORD

AYES

NOES

Lord Mayor Reynolds

 

Deputy Lord Mayor Burnet

 

Harvey

 

Behrakis

 

Dutta

 

Sherlock

 

Kelly

 

Elliot

 

Bloomfield

 

Posselt

 

Lohberger

 

 

 

 

COUNCIL RESOLUTION:

 

That:

1.      The Council rescind the previous Guidelines for Future International Relationships Policy, marked as Attachment A to item 12 of the Open Council Agenda of 28 August 2023.  

2.      The Council approve the International Relations Policy, marked as Attachment B to item 12 of the Open Council Agenda of 28 August 2023.  

3.      The Council note that the City of Hobart’s existing international relationships will be managed within the framework of the new Policy going forward.

4.      A discussion paper be prepared and provided to the Council to set the strategic direction for future international partnerships.

 

 

 

 

13.      Status of the Urban Canopy on Public and Private Land

            File Ref: F23/73115

 

 

Burnet

Harvey

 

That the recommendation contained in the officer report, marked as item 13 of the Open Council agenda of 28 August 2028, be adopted.

 

 

 

 

 

 

Amendment

 

Posselt

Dutta                                                                                                                           

That three new clauses be included that read:

 

5.   The Council notes the loss of urban canopy in many suburbs, with road reserves showing the lowest density of tree canopy coverage.

 

6.   The City of Hobart develop a policy so that:

a.     the street tree team is consulted whenever road reserves, footpaths or storm water infrastructure are renewed or redesigned;

 

b.     enhancements to urban tree canopy are considered a priority as part of that work; and

 

c.      it is noted that Council favours plantings in the road reserve in preference to footpaths, even when this means loss of on-street parking.

 

7.   The City of Hobart undertake engagement with the Tasmanian State Government to:

a.    identify urban sites owned by the State suitable for enhanced tree planting; and

 

b.    negotiate with the State to enhance the urban tree canopy, even if it comes at some cost to the City.

 

 

AMENDMENT CARRIED

VOTING RECORD

AYES

NOES

Lord Mayor Reynolds

Deputy Lord Mayor Burnet

Dutta

Harvey

Sherlock

Behrakis

Elliot

Kelly

Posselt

Bloomfield

Lohberger

 

 

 

 

The Chairperson then put the vote for each clause of the substantive motion separately.

 

 

 

SUBSTANTIVE MOTION CARRIED
(Clause 3)

VOTING RECORD

AYES

NOES

Lord Mayor Reynolds

Behrakis

Deputy Lord Mayor Burnet

Elliot

Harvey

 

Dutta

 

Sherlock

 

Kelly

 

Bloomfield

 

Posselt

 

Lohberger

 

 

 

 

SUBSTANTIVE MOTION CARRIED
(Clauses 1, 2, 4, 6, 7)

VOTING RECORD

AYES

NOES

Lord Mayor Reynolds

Behrakis

Deputy Lord Mayor Burnet

 

Harvey

 

Dutta

 

Sherlock

 

Kelly

 

Elliot

 

Bloomfield

 

Posselt

 

Lohberger

 

 

 

COUNCIL RESOLUTION:

 

That:

1.      The Council endorses the State of the Canopy Report for public release.

2.      The Council takes proactive steps to increase canopy cover on private land, initially with a focus on community education, incentives and further research.

3.      From the 2024/2025 financial year $20,000 per year be allocated to the arboriculture services budget to be used for promoting, facilitating and encouraging tree planting activities on private land, in order to increase canopy cover on private land.

4.      As part of a wider review of the City’s Grant Program, consideration is given to widen the scope of the Urban Sustainability Grant to encourage greening initiatives on private land (particularly around the public/private interface).

 

5.      The Council notes the loss of urban canopy in many suburbs, with road reserves showing the lowest density of tree canopy coverage.

 

6.      The City of Hobart develop a policy so that:

a.    the street tree team is consulted whenever road reserves, footpaths or storm water infrastructure are renewed or redesigned;

 

b.     enhancements to urban tree canopy are considered a priority as part of that work; and

 

c.      it is noted that Council favours plantings in the road reserve in preference to footpaths, even when this means loss of on-street parking.

 

7.   The City of Hobart undertake engagement with the Tasmanian State Government to:

a.     identify urban sites owned by the State suitable for enhanced tree planting; and

 

b.     negotiate with the State to enhance the urban tree canopy, even if it comes at some cost to the City.

 

 


 

 

14.      Response to Petition - TasNetworks Transformer Relocation - Harbroe Avenue, New Town

            File Ref: F23/73139

 

 

Burnet

Sherlock     

 

That the recommendation contained in the officer report, marked as item 14 of the Open Council agenda of 28 August 2023, be adopted.

 

MOTION CARRIED

VOTING RECORD

AYES

NOES

Lord Mayor Reynolds

 

Deputy Lord Mayor Burnet

 

Harvey

 

Dutta

 

Sherlock

 

Kelly

 

Elliot

 

Bloomfield

 

Posselt

 

Lohberger

 

 

 

 

 

COUNCIL RESOLUTION:

 

That:

1.      The petition regarding a proposed TasNetworks substation to be installed in Harbroe Avenue, New Town, be received and noted.

2.      Council officers meet with TasNetworks quarterly to discuss TasNetworks’ works planned on roads and land administered by the Council, to ensure that any concerns about the location, nature or timing of the works are able to be properly discussed.

3.      The Council agree that no further action is required in response to the received petition.

4.      The petitioners be advised of the Council’s decision.

 

 

 

 

15.      Response to Petition - Salamanca Stallholder Association Negotiation on draft Licence Agreement

            File Ref: F23/73073; 33-60-2/38

 

 

 

Harvey

Dutta

 

That the recommendation contained on the officer report, marked as item of the Open Council Agenda of 28 August 2023, be adopted.

 


MOTION CARRIED

VOTING RECORD

AYES

NOES

Lord Mayor Reynolds

 

Deputy Lord Mayor Burnet

 

Harvey

 

Dutta

 

Sherlock

 

Kelly

 

Elliot

 

Bloomfield

 

Posselt

 

Lohberger

 

 

 

 

 

 

 

COUNCIL RESOLUTION:

 

That:

1.   The Council endorse no further action is required in response to the petition titled Salamanca Market Stallholder Association Negotiation on Draft Licence Agreement, received at the Council meeting of Monday, 22 May 2023.

2.   The petitioners be advised of the Council’s decision.

 

 

 


 

 

16.      Independent Review of Commonwealth Disaster Funding submission

            File Ref: F23/84827

 

 

Harvey

Bloomfield

 

That the recommendation contained in the officer report, marked as item 16 of the Open Council agenda of 28 August 2023, be adopted.

 

 

MOTION CARRIED

VOTING RECORD

AYES

NOES

Lord Mayor Reynolds

 

Deputy Lord Mayor Burnet

 

Harvey

 

Behrakis

 

Dutta

 

Sherlock

 

Kelly

 

Elliot

 

Bloomfield

 

Posselt

 

Lohberger

 

 

 

 

COUNCIL RESOLUTION:

 

That the Council note the submission provided to the Independent Review of Commonwealth Disaster Funding.

 

 

 

 


 

 

17.      Procurement - Quotation Exemption Report

            File Ref: F23/78871

 

 

Burnet

SHERLOCK     

 

That the recommendation contained in the officer report, marked as item 17 of the Open Council agenda of 28 August 2023, be adopted.

 

MOTION CARRIED

VOTING RECORD

AYES

NOES

Lord Mayor Reynolds

 

Deputy Lord Mayor Burnet

 

Harvey

 

Behrakis

 

Dutta

 

Sherlock

 

Kelly

 

Elliot

 

Bloomfield

 

Posselt

 

Lohberger

 

 

 

 

COUNCIL RESOLUTION:

 

That the Council note the exemptions granted from the requirement to seek three written quotations for the period 1 April to 30 June 2023 and marked as Attachment A to this report.

 

 

 


 

Report of the Chief Executive Officer

 

18.      Governing Hobart - Sense Check

            File Ref: F23/78718

 

 

Burnet

Sherlock     

 

That the recommendation contained in the special report of the Chief Executive Officer, marked at item 18 of the Open Council agenda of 28 August 2023, be adopted.

 

MOTION CARRIED

VOTING RECORD

AYES

NOES

Lord Mayor Reynolds

 

Deputy Lord Mayor Burnet

 

Harvey

 

Behrakis

 

Dutta

 

Sherlock

 

Kelly

 

Elliot

 

Bloomfield

 

Posselt

 

Lohberger

 

 

 

 

COUNCIL RESOLUTION:

 

That:

1.      The Council note the high-level sense check of the City of Hobart’s Governance Model.

2.      A full review of the City of Hobart’s Governance Model, with the exception of Portfolio Committees, be provided to the Council in December 2023 and will include:

(i)      A review of delegations;

(ii)     A review of Portfolio Committee Terms of Reference.

3.      A full review of the Portfolio Committee component of the City of Hobart’s Governance Model be undertaken in August 2024.

4.      The Council approve the implementation of a ‘Council Agenda Briefing’ session to be held once a month on the Monday the week of publication of the Council Agenda.

 

 

 

19.      Save UTAS Correspondence

            File Ref: F23/64549

 

 

Burnet

Harvey

 

That the recommendation contained in the special report of the Chief Executive Officer, marked as item 19 of the Open Council agenda of 28 August 2023, be adopted.

 

 

Amendment

 

Lohberger

Behrakis                                                                                                                    

 

That clause (i) be amended to reflect the Council facilitates one more mediation meeting for UTAS stakeholders, to follow up on outcomes from the June 2023 meeting.

 

 

 

AMENDMENT CARRIED

VOTING RECORD

AYES

NOES

Lord Mayor Reynolds

Harvey

Deputy Lord Mayor Burnet

 

Behrakis

 

Dutta

 

Sherlock

 

Kelly

 

Elliot

 

Bloomfield

 

Posselt

 

Lohberger

 

 

 

 

SUBSTANTIVE MOTION CARRIED

 

 

 

 

 

VOTING RECORD

AYES

NOES

Lord Mayor Reynolds

Harvey

Deputy Lord Mayor Burnet

 

Behrakis

 

Dutta

 

Kelly

 

Elliot

 

Bloomfield

 

Lohberger

 

 

 

 

COUNCIL RESOLUTION:

 

That:

1.      The Lord Mayor write to Save UTAS and advise that:

(i)      the Council will facilitate one more mediation meeting for UTAS stakeholders, to follow up on outcomes from the June 2023 meeting.

(ii)     Subject to availability, the Lord Mayor’s Court Room be offered as a venue for further meetings should the other stakeholders wish to meet.

2.      Save UTAS be encouraged to use existing mechanisms to continue to engage with the City.

 

 

Item 21 was then taken.


 

20.      Tasmanian AFL Package - High Performance Centre

            File Ref: F23/89516

 

 

Harvey

Bloomfield

 

That the recommendation contained in the officer report, marked as item 20 of the Open Council agenda of 28 August 2023, be adopted.

 

 

Amendment

 

Lohberger

Bloomfield                                                                                                              

 

That three new clauses be included that read:

 

1. That Council writes to the Tasmanian Government and requests an urgent meeting with the appropriate Minister.

 

2. That Council strongly recommends to the Tasmanian Government that Cornelian Bay and the Queens Domain are unsuitable for this proposal, given the existing community use of these open public spaces, the lack of any suitable alternatives for existing users if these spaces were lost, the over-sized scale of the proposal, and the long-standing importance of these places for community open space, public parkland, recreation, and use by other sporting codes.

 

3.    The Council work with the State Government and Southern Tasmanian Councils for an overall plan for sporting facilities across all codes for outdoor sport.

 

 

The Chairperson then put clause 1 & 2 of the amendment to the vote.

 

AMENDMENT CARRIED
(Clause 1 & 2)

VOTING RECORD

AYES

NOES

Lord Mayor Reynolds

 

Deputy Lord Mayor Burnet

 

Harvey

 

Behrakis

 

Dutta

 

Sherlock

 

Kelly

 

Elliot

 

Bloomfield

 

Posselt

 

Lohberger

 

 

The Chairperson then put clause 3 of the amendment to the vote.

 

 

AMENDMENT CARRIED
(Clause 3)

VOTING RECORD

AYES

NOES

Lord Mayor Reynolds

 

Deputy Lord Mayor Burnet

 

Harvey

 

Behrakis

 

Dutta

 

Sherlock

 

Kelly

 

Elliot

 

Bloomfield

 

Posselt

 

Lohberger

 

 

 

 

SUBSTANTIVE MOTION CARRIED

VOTING RECORD

AYES

NOES

Lord Mayor Reynolds

Behrakis

Deputy Lord Mayor Burnet

Kelly

Harvey

Elliot

Dutta

 

Sherlock

 

Bloomfield

 

Posselt

 

Lohberger

 

 

 

 

COUNCIL RESOLUTION:

 

That:

 

1. The Council writes to the Tasmanian Government and requests an urgent meeting with the appropriate Minister.

 

2. The Council strongly recommends to the Tasmanian Government that Cornelian Bay and the Queens Domain are unsuitable for this proposal, given the existing community use of these open public spaces, the lack of any suitable alternatives for existing users if these spaces were lost, the over-sized scale of the proposal, and the long-standing importance of these places for community open space, public parkland, recreation, and use by other sporting codes.

 

3.    The Council work with the State Government and Southern Tasmanian Councils for an overall plan for sporting facilities across all codes for outdoor sport.

 

4.    The Council endorse working with the Tasmanian Government and the Greater Hobart councils to explore sites that have a high potential of being suitable for a training and administration facility (TA Facility), in accordance with the objectives of the Greater Hobart Act 2019.

 

 

 

Item 10 was then taken.

 

 

 

 

 21.     Code of Conduct Determination Report
Ms Anna Sharman v Councillor Ben Lohberger

            File Ref: F23/90005

 

 

Burnet

Bloomfield

 

That the recommendation contained in the officer report, marked as item 21 of the Open Council agenda of 31 August 2023, be adopted.

 

MOTION CARRIED

VOTING RECORD

AYES

NOES

Lord Mayor Reynolds

 

Deputy Lord Mayor Burnet

 

Harvey

 

Behrakis

 

Dutta

 

Kelly

 

Elliot

 

Bloomfield

 

Lohberger

 

 

 

 

COUNCIL RESOLUTION:

 

That the Council receive and note the Code of Conduct Panel Determination Report in respect to a complaint lodged by Ms Anna Sharman against Councillor Ben Lohberger, shown in Attachment A to item 21 of the Open Council agenda of 23 August 2023.

 

 

 

 

Motions of which notice has been given

 

IN ACCORDANCE WITH REGULATION 16(5) OF THE LOCAL GOVERNMENT (MEETING PROCEDURES) REGULATIONS 2015

 

22.      Climate Change Leadership: Transport Emissions

            File Ref: F23/90014

 

Motion

“That:

 

1.   Council notes and welcomes the work being done by staff to update the Council’s Climate Change strategy, and looks forward to increasing the pace of decarbonisation across the organisation.

 

2.   Council acknowledges that given recent alarming news about accelerating climate impacts, it is even more important for community leaders to demonstrate leadership on reducing emissions.

 

3.   Council agrees that:

a.   The fuel allowance provided for elected members be reduced from 1500 litres per year to 500 litres per year. 

b.   Elected member parking permits be limited to Town Hall parking deck only with all other free parking being discontinued and replaced with a reimbursement process when using the EasyPark app as the tool to pay for parking costs incurred while conducting Council business, with an expenditure limit of $500 per year.

c.   The Hobart City Council limits interstate and overseas air travel for elected members and staff to events where there is a compelling need to fly instead of engaging online or through other methods. This decision is to be determined by the Chief Executive Officer or their delegate.

 

4.   The Lord Mayor writes to all Hobart’s Sister and Friendship Cities:

a.   Explaining the Council decision to declare a climate emergency in 2019, and the growing need to show leadership on reducing carbon emissions as climate change accelerates.

b.   Informing them that international delegations from the City of Hobart will now be limited by the need to reduce transport emissions, and if these delegations do occur in future the number of delegates involved will be minimal.

c.   Seeking input from Sister Cities on alternative measures to improve cultural ties between our cities without the need for air travel.”

 

Rationale:

 

“Climate change is accelerating significantly faster than predictions and it’s been confirmed that Australia and Tasmania are also facing several years of the El Nino event, turbo-charged by accelerating climate change.

 

The need to take climate action is pressing, and it is incumbent on community leaders to set an example for the community by taking steps to voluntarily reduce and limit their own carbon emissions. 

 

Hobart City Council declared a Climate Emergency in 2019, but the organisation continues to offer a range of benefits to elected members and staff that can encourage and/or reward fossil fuel use. While the Local Government Act mandates an allowance to assist with travel costs, the current arrangements appear excessive, and are inappropriate in the face of runaway climate change. This motion seeks to update Council policy to remove, reduce, or limit those benefits.

 

In addition, the Council has a challenging budgetary situation, and these are tough economic times for many in the community. Those are also reasons for elected members to show leadership by reducing some of our benefits in accordance with this motion.

 

Current situation

The fuel allowance for elected members is 1500 litres of fuel per year. Not all elected members claim the allowance but it is available.

 

A permanent undercover parking space is provided at Town Hall in the CBD for elected members conducting Council business, as well as a parking permit for one personal vehicle allowing free parking whilst on Council business. Payment is also available to cover interstate air travel for approved Council-related purposes, and for overseas air travel for Sister and Friendship City delegations.

 

Fuel Allowance for elected members

The current fuel allowance of 1500 litres/year is clearly excessive:

1.   According to a 2020 report from the Australian Bureau of Statistics, the average kilometres travelled by a Tasmanian vehicle were 10,900km/year, and the average fuel efficiency was 11.1 km/litre. The current HCC fuel allowance of 1500 litres/year equates to driving 16,650km/year (at 11.1 km/litre), which is around 50% above the average for all Tasmanians. https://www.abs.gov.au/statistics/industry/tourism-and-transport/survey-motor-vehicle-use-australia/latest-release

2.   The role of elected members is part-time, most have other jobs and responsibilities outside of their Council duties. It is inequitable that elected members can claim fuel usage at a rate that is 50% higher than the average Tasmanian’s fuel usage, while working in a part-time role.

3.   The municipal area covered by the City of Hobart is small compared to most other Tasmanian Council areas. Again, it is inequitable that the current fuel allowance is well above the average fuel usage of all Tasmanians while the size of the municipality is small.  

 

The Local Government Act mandates the payment of a travel allowance, so some sort of allowance is required. This motion seeks to reduce the fuel allowance offered to elected members from 1500 litres/pa to 500 litres/pa, but it will not reduce their ability to claim for other local travel costs if necessary, including taxi and bus fares. 

 

Parking permits

Elected members are provided with a parking permit that provides free parking in Council controlled areas whilst undertaking Council business.

 

Display of the permit provides free parking in the form of an undercover car parking space in the CBD at the Town Hall. The parking permit also provides for free parking within Council controlled carparks and on-street metered parking within the maximum parking time allowed. This motion calls for the parking permit to be limited to the Town Hall parking deck only with all other free parking being removed. Elected members can instead use the EasyPark app to pay for parking and to seek reimbursement for parking costs up to a limit of $500 per year.

 

It is hoped that removing free parking and introducing an expenditure cap will encourage elected members to use other forms of transport such as active or micro mobility travel over a private vehicle, leading by example in the City’s efforts to reduce emissions. While not related to climate change, there is also an equity issue involved in making a policy change that requires elected members to use Hobart’s parking meters and EasyPark app. There have been regular complaints about the parking meters in Hobart for many years and it is only fair that elected members start using these meters and the EasyPark app, just like all other ratepayers and visitors to the City.

 

Air Travel

Climate change is accelerating fast. We must start reducing unnecessary carbon emissions as soon as possible and community leaders should be first cab off the rank on this important issue. Flying interstate or overseas is a huge source of emissions, but there are often other options available that involve minimal emissions compared to flying, such as using local training providers or engaging online. While those options are generally never preferred, because we all enjoy travelling, there is a pressing need to prioritise low-emissions options wherever possible. This motion seeks to limit air travel to situations where there is a compelling reason only for flying instead of using alternative options, and to task the CEO with making the ultimate decision on what is or is not compelling.


 

Sister and Friendship Cities

Sister and Friendship City relationships should be maintained, but overseas delegations need to be limited if not abandoned altogether. It is not necessary to send large delegations overseas in order to boost cultural links. There are a range of other options available, especially through online engagement between schools, sporting clubs, and other cultural organisations. These options should be preferred over flights for dignitaries.

 

The motion seeks to limit overseas delegations, and to send a letter to our Sister Cities explaining the changed circumstances, and seeking suggestions about improving cultural ties between our cities in ways that do not involve the large carbon emissions caused by air travel.

 

Council’s Climate Change Strategy

Council staff are currently working on an updated Climate Change Strategy for the City of Hobart, which will continue the work of reducing the organisation’s carbon emissions. This new strategy will come before elected members later this year, and will be critical to continuing the work started many years ago on decarbonising Council operations.

 

 

Administration Response to Notice of Motion

 

Discussion

Development of a Climate Change Strategy

 

In October 2021, the Council requested ‘the CEO undertake an assessment and provide recommendations on how the City will prepare for and strengthen its existing strategies, targets, practises and policies so that the City can assist in meeting the Tasmanian Government achieve its net zero by 2030 target. That this assessment look broadly to harmonise and standardise our organisation’s approach and consider our role operationally and as a policy-maker including in planning, community development, waste, transport, corporate energy efficiencies and natural resources management.

 

In May 2023, Council noted the development of the City of Hobart Climate Change Strategy to deliver a whole-of-organisation and whole-of-community approach to climate action.

 

The Strategy, currently under development, and the associated action plans will prioritise the efforts of the City of Hobart based on the highest impact areas, and where the City can reduce the largest emissions sources to address the highest climate risks. This prioritisation will help us effectively channel our resources in high impact solutions.

 

Elected members will be briefed on the progress towards the development of the Climate Strategy and preliminary findings, opportunities, and next steps in November 2023. It is anticipated the final Climate Strategy will be presented to Council for endorsement in April 2024.

 

Any action taken individually by Elected Members to reduce their carbon emissions and show community leadership in addressing climate change while the City undertakes this broader strategic work, is welcomed.

 

Fuel allowance

 

1.   Schedule 5 of the Local Government Act 1993 requires a council to adopt a policy in respect of payment of expenses incurred by councillors in carrying out the duties of office. The Council has done this through its Elected Members’ Development and Support Policy.

 

2.   Schedule 5 of the Act and regulation 43 of the Local Government (General) Regulations 2015 entitle Elected Members to reimbursement for reasonable expenses in accordance with a council’s policy in relation to the following expense types prescribed by the Regulations:

(a)       telephone rental, telephone calls and use of the internet; and

(b)       travelling; and

(c)        care of any person who is dependent on the councillor and who requires the care while the councillor is carrying out their duties or functions as a councillor; and

(d)       stationery and office supplies.

 

3.   Accordingly, the Elected Members’ Development and Support Policy provides in Part K that:

The Council will reimburse elected members for reasonable out-of-pocket expenses incurred in relation to the abovementioned, provided that such expenses are incurred whilst they are carrying out the functions of office, pursuant to Section 28 of the Local Government Act 1993.

 

4.   Part K of the policy sets out the arrangements to apply in respect to the prescribed expenses. For example, in relation to fuel, the policy provides:

As an alternative to kilometre claims, elected members may nominate to be issued with a fuel card which enables a maximum allocation of 1,500 litres of fuel to be drawn from the Council’s provider in each year. Under this option there is no requirement for elected members to submit travel details. Elected members who nominate to draw from this fuel allocation must only do so by utilising the Council issued fuel card.

 

Parking permits

 

5.   Part M of the policy sets out benefits available for Elected Members. Parking permits are provided under this section of the policy.

 

6.   Permits are issued for the purpose of providing free parking in Council controlled areas with undertaking their duties of office.

 

7.   Adopting clause 3(b) of the motion would still see free parking provided on the Town Hall parking deck allowing Elected Members to parking while attending meetings at Town Hall or utilise the parking deck as a central location in the City to continue their travel utilising other transport options such as public transport, micromobility devices or active travel.

 

8.   The policy also contains a claims process, Part L. If the motion is adopted, parking expenses would be reimbursed in accordance with this established process.

 

Sister and Friendship Cites

 

9.   These formal relationships continue to evolve, in terms of their value to the city in terms of generating new business, knowledge exchange, shared science and educational outcomes, increased Antarctic business and workforce skills and resources. Historically, on average, the City of Hobart makes a sister city visit every 3.5 years, which must be approved (with a Business Case) by Council.

 

10. Due to travel restrictions and the uplift in use of technology, no specific Sister City travel has taken place since 2019 according to City records (The recent trade mission to Japan and South Korea occurred upon invitation by the Tasmanian Government and was not linked to our current formal relationships).

 

11. Since this time, relationships have been managed primarily via digital means however this is not without limitations, particularly in negotiating strategically important opportunities noted above. It is noted that often, the external (destination city) has a particular business culture, whereby trust and collaboration is built over a period and is fostered through cultural and face to face exchanges. Increasingly foreign diplomats are seeking to engage at the city level as an effective mechanism to create local contacts and to use Local Government (particularly with state capital cities) as a conduit to local businesses and key service providers.

 

12. While engagement within local communities remains a valid pathway to grow cultural connections, the City of Hobart, through its revised International Relations Policy, Invest Hobart Prospectus and draft City Economy Strategy is in a strong position to act as the local connector to business and other levels of government, as evidenced by the recent invitation to attend the Tasmanian Government led Trade mission to Japan and South Korea.

 

13. While cultural ties are important and often form the foundation for stronger economic and knowledge-based transactions, the cultural element is one of many benefits sought after through our international relationships and is well supported and recognised by the Australian Department of Trade and Foreign Affairs.

 

14. Therefore, limitations on international travel are largely already self-enforced by City officers, with like-minded cities already using our national/local representatives to establish new opportunities for the City. The way future relations are conducted can (and should) also be factored into the formal relationship documentation on a case-by-case basis, endorsed by Council.

 

15. Such an approach would provide some flexibility based on the type of relationship and the identified opportunities and benefits, while not limiting the importance of face-to-face discussions when such an approach is required based on cultures and customs of our international partners. Current Policy requires Council approval of international travel and an appropriate rationale and benefit on a case by case basis.

 

Strategic, Legislative and Policy Implications

Capital City Strategic Plan

Pillar:

6 – Natural environment

8 – Governance and civic involvement

 

Outcome:

6.4 – Hobart is responsive and resilient to climate change and natural disasters

8.3 – City leadership is accessible and reflects Hobart communities

 

Strategy:

6.4.1 Adopt a holistic approach to climate change mitigation and adaptation across all pillars of the strategic plan

 

Legislation and Policy

Legislation:

Schedule 5 of the Local Government Act 1993

Regulation 43 of the Local Government (General) Regulations 2015

Policy:

If the motion is adopted, the Elected Members’ Development and Support Policy would be updated to reflect the decision as it relates to Elected Members.

 

 

Financial Implications

 

The motion’s proposal to reduce fuel allowances, parking benefits and air travel would reduce Council’s reimbursements and administrative costs.

 

1.   Assuming an average fuel cost of $2/litre, the current annual fuel allowance of 1500 litres would equate to $3000 per Elected Member, a potential cost to Council of $36,000 each year.

 

2.   Reducing the allowance from 1500 to the proposed 500 litres would reduce Council’s potential expenditure by 2/3 or $24,000pa.

 

3.   Non-sponsored airfares and associated travel costs are a significant cost to the City. Airfares in 2022-23 which under clause 3(c) of the motion would require CEO determination as to need (ie, Elected Members and staff) totalled $65,912.

 

4.   In addition, to the extent the motion reduced interstate and overseas travel, there would be savings on other associated travel costs (eg, accommodation, meals, taxis and travel allowance). The total of all these non-airfare travel costs in 2022-23 was $76,056. A small proportion of this was for travel within Tasmania, but the amount excludes payroll tax where payable on travel allowance.

 

5.   Hence, the total of all travel costs in 2022-23 which under clause 3(c) of the motion would require CEO determination as to need was nearly $142,000.

 

6.   Reducing parking benefits would be less of a saving to Council, since their main cost is the administration of Elected Members’ parking permits (including applications for refunds of infringement notices incorrectly issued), which would still be required for the Town Hall parking deck.

 

 

 

 

Lohberger

Burnet  

 

That the motion be adopted, amended by the removal of the clause 3a (fuel allowance), and the vote for each clause of the motion be taken separately.

 

 

 

The Chairperson then put clauses 1 & 2 of the motion to the vote.

 

 

MOTION CARRIED
(Clause 1 & 2)

 

VOTING RECORD

AYES

NOES

Lord Mayor Reynolds

 

Deputy Lord Mayor Burnet

 

Harvey

 

Behrakis

 

Dutta

 

Kelly

 

Elliot

 

Bloomfield

 

Posselt

 

Lohberger

 

 

The Chairperson then put clause 3b of the motion to the vote.

 

MOTION LOST
(Clause 3b)

VOTING RECORD

AYES

NOES

Lord Mayor Reynolds

Behrakis

Deputy Lord Mayor Burnet

Dutta

Harvey

Kelly

Bloomfield

Elliot

Lohberger

Posselt

 

 

 

The Chairperson then put clause 3c of the motion to the vote.

 

 

MOTION CARRIED
(Clause 3c)

VOTING RECORD

AYES

NOES

Lord Mayor Reynolds

 

Deputy Lord Mayor Burnet

 

Harvey

 

Behrakis

 

Dutta

 

Kelly

 

Elliot

 

Bloomfield

 

Posselt

 

Lohberger

 

 

 

 

 

The Chairperson then put clause 4 of the motion to the vote.

 

MOTION CARRIED
(Clause 4)

VOTING RECORD

AYES

NOES

Lord Mayor Reynolds

 

Deputy Lord Mayor Burnet

 

Harvey

 

Behrakis

 

Dutta

 

Kelly

 

Elliot

 

Bloomfield

 

Posselt

 

Lohberger

 

 

 

COUNCIL RESOLUTION:

 

That:

 

1.   Council notes and welcomes the work being done by staff to update the Council’s Climate Change strategy, and looks forward to increasing the pace of decarbonisation across the organisation.

 

2.   Council acknowledges that given recent alarming news about accelerating climate impacts, it is even more important for community leaders to demonstrate leadership on reducing emissions.

 

3.   Council agrees that: 

a.   The Hobart City Council limits interstate and overseas air travel for elected members and staff to events where there is a compelling need to fly instead of engaging online or through other methods. This decision is to be determined by the Chief Executive Officer or their delegate.

 

4.   The Lord Mayor writes to all Hobart’s Sister and Friendship Cities:

a.   Explaining the Council decision to declare a climate emergency in 2019, and the growing need to show leadership on reducing carbon emissions as climate change accelerates.

b.   Informing them that international delegations from the City of Hobart will now be limited by the need to reduce transport emissions, and if these delegations do occur in future the number of delegates involved will be minimal.

c.   Seeking input from Sister Cities on alternative measures to improve cultural ties between our cities without the need for air travel.

 

 

23.      Talent Acquisition Policy Update

            File Ref: F23/89909

 

Motion

“That”

 

1.    The Council notes the Ensuring Recruitment in Tasmanian Councils is Merit-Based Report published by the Integrity Commission and its relevance to the governance of the Hobart City Council.

2.   The Council require the Talent Acquisition Policy and Procedure to be updated and returned to Council at its September 2023 meeting for approval, with updates to include:

 

1.   strengthening the parameters around when direct appointments are permitted and associated requirements

 

2.   review of conflict of interest identification and management strategies to ensure they are fit for purpose

3.   any other updates as required, particularly in light of the Integrity Commission’s report.

3.   The Council require that the updated Talent Acquisition Policy and Procedure and all other human resources and work health and safety related policies be published in the Council’s public website as soon as practicable after approval, unless there is a reasonable reason for a specific policy to be publicly available.

 

 

Rationale:

 

“This motion looks to strengthen the Council’s policy and procedures related to recruitment, with a particular focus on direct appointments.

 

The Council has recently been made aware of a unprecedently large number of direct appointments having been made in the organisation over the past two years, as shown below.

 

 

The former CEO stated that these appointments were part of a “talent acquisition strategy” and advised Councillor Elliot in writing that the “City of Hobart, as and if required, will make direct appointments to secure the best talent available in a highly competitive labour market, in accordance with the Talent Acquisition Policy and Procedure.”

 

The former CEO also stated that “unlike the State Service, there is no mandate for merit-based recruitment in local government.” Given the requirement for merit-based recruitment is not captured in the Local Government Act and the Act is silent on direct appointments, it is even more important that Council’s policies and procedures support that open and competitive recruitment is always the default and preferred method of recruitment for the City of Hobart.

 

The Council’s current policy on direct appointments essentially provides no limit as to when direct appointments can be made given as it be easily argued that the labour market is always highly competitive. Without stronger parameters in place, it could be consistently argued that a direct appointment was required because the market was competitive and ‘we had to secure them’.

 

Securing the best talent and promoting merit, transparency and fairness is best achieved through open, competitive, and merit-based processes. Conversely, the overuse and/or improper use of direct appointments and ineffectively managed conflicts of interest, nepotism and favouritism all have a highly determinantal impact on workplace culture and morale.

 

The Integrity Commission recognises the importance of open and merit-based recruitment and highlights recruitment related misconduct risks, including those related to long-term appointments being made through direct appointment processes to evade competitive merit-based recruitment. The Integrity Commission also notes the risks associated with ineffectively managed conflicts of interest, nepotism, and favouritism.


 

The Integrity Commission report is available at https://www.integrity.tas.gov.au/__data/assets/pdf_file/0018/700236/report-1-2023.pdf

The Council has a duty to the community and its workforce to ensure that the organisation is appointing the best people to roles and that processes are fair.  The City of Hobart is a public organisation and it is appropriate that the organisation provides the community with fair and reasonable opportunity to gain employment with the organisation that serves.

 

 

 

Administration Response to Notice of Motion

 

Discussion

 

The City’s Talent Acquisition Policy and Procedure is considered an operational policy and procedure approved by the CEO. 

 

Under Section 63 of the Local Government Act 1993, recruitment, employment and direction of council employees is the CEOs function.

 

Operational human resources and work health and safety policies are put in place to guide workplace behaviour and performance standards, provide structure and ensure the safety of employees among other things. 

 

During March 2023, the Manager People and Culture reviewed the findings and recommendations of the Integrity Commission Report and the City’s Talent Acquisition Policy and Procedure.

 

As a result of the review, there have been minor amendments to the City’s Talent Acquisition Policy and Procedure.  These amendments are:

 

1.   Further detail on how the merit principle will apply to the Direct Appointment process. 

This includes expanding the Merit principle definition and referencing how merit applies to all recruitment processes that are detailed within the Policy and Procedure, including direct appointments and merit based skills assessments.

 

2.   Inclusion of two additional tick boxes on the Conflict of Interest Form to declare whether:

o a reference for one or more applicants has been provided and

o there is a direct supervisory relationship with one or more applicant. 

This form has always aligned with the Integrity Commission’s Recruitment Conflict of Interest and Declaration and Management Form.

 

The City’s Talent Acquisition Policy and Procedure reflects best practice within local government and is reviewed annually. Section 63 of the Local Government Act 1993, enables the General Manager (CEO) to make direct employment appointments.

 

All Council endorsed policies are listed on the City’s website https://www.hobartcity.com.au/Council/About-Council/Council-Policies

 

Operational human resources and work health and safety related policies are CEO endorsed policies as they relate to the recruitment, employment and direction of council employees which is the CEOs function under Section 63 of the Local Government Act 1993.

 

Operational human resources and work health and safety related policies are not published on the City’s public website as they are internally focussed relating to the operational recruitment, employment and safety of staff and are not public policies.

 

As recruitment, employment and direction of council employees is the CEOs function, Council endorsement of the Talent Acquisition Policy it is not considered to be required.

 

 

 

Strategic, Legislative and Policy Implications

Capital City Strategic Plan

Pillar:

Not applicable

Outcome:

Not applicable

 

Strategy:

Not applicable

 

Legislation and Policy

Legislation:

Local Government Act 1993

 

Policy:

Talent Acquisition Policy

 

Financial Implications – Not applicable



 

Elliot

Behrakis                                                                

 

That the motion be adopted, amended by the inclusion of the word ‘not’ after the words ‘specific policy’ in clause 3 of the motion and that the vote for each clause be taken separately .

 

 

 

The Chairperson then put clause 1 of the motion to the vote.

 

MOTION CARRIED
(Clause 1)

VOTING RECORD

AYES

NOES

Lord Mayor Reynolds

Deputy Lord Mayor Burnet

Harvey

Bloomfield

Behrakis

 

Dutta

 

Kelly

 

Elliot

 

Posselt

 

Lohberger

 

 

 

The Chairperson then put clause 2 of the motion to the vote.

 

MOTION CARRIED
(Clause 2)

VOTING RECORD

AYES

NOES

Lord Mayor Reynolds

Deputy Lord Mayor Burnet

Behrakis

Harvey

Dutta

Bloomfield

Kelly

 

Elliot

 

Posselt

 

Lohberger

 

 

 

 

The Chairperson then put clause 3 of the motion to the vote.

 

 

MOTION LOST
(Clause 3)

VOTING RECORD

AYES

NOES

Behrakis

Lord Mayor Reynolds

Kelly

Deputy Lord Mayor Burnet

Elliot

Harvey

Posselt

Dutta

 

Bloomfield

 

Lohberger

 

 

 

COUNCIL RESOLUTION:

 

That:

 

1.   The Council notes the Ensuring Recruitment in Tasmanian Councils is Merit-Based Report published by the Integrity Commission and its relevance to the governance of the Hobart City Council.

2.   The Council require the Talent Acquisition Policy and Procedure to be updated and returned to Council at its September 2023 meeting for approval, with updates to include:

 

1.   strengthening the parameters around when direct appointments are permitted and associated requirements

 

2.   review of conflict of interest identification and management strategies to ensure they are fit for purpose

3.   any other updates as required, particularly in light of the Integrity Commission’s report.

 

 


 

 

24.      Public Interests Register Policy Update

            File Ref: F23/89926

 

Motion

“That the Council require the Public Interests Register Policy to be updated and returned to Council for approval, with the updates to include:

 

1.   a requirement that only suburb details for property are published, not full street addresses

 

2.   detail around what purposes the information Elected Members provide can be used by the Council for

3.   where and how the information Elected Members provide is held, how the security of the information managed, and which roles have access to this information

4.   who has delegation to approve what information is published on the Council’s website

5.   detail around what ‘other forms’ the information can be provided to the public in and how this differs to what is available online and who approves these requests

6.   what the process for elected members having their information altered or removed

7.   what happens to information when a person who provided their information is no longer an elected member.

 

Rationale:

 

“The Council recently commenced implementation of its Public Interests Register Policy. As part of the launch of this policy, the full street addresses that Elected Members had provided were published on the Council’s website. A link to this webpage was also broadcast widely in The Mercury and across X (Twitter), which were likely viewed by many thousands of people.


 

Multiple Elected Members were at the understanding that it would only be suburb details that were made available to the public and expressed concerns around safety and privacy, especially given elected members can be subject to vandalism of their property.

 

When concerns around the publication of the full street addresses was first raised with the organisation, Elected Members were advised that the policy is consistent with what was passed by the Council, and therefore that the publication of the full street addresses was viewed as being the correct course of action and consistent with the policy. Several hours later, the street detail information was edited, and an apology made to Elected Members.

 

This situation highlights the importance of comprehensive and accurate policies and, in this case, the specific need for the Public Interests Register Policy to be updated.

 

Administration Response to Notice of Motion

 

Discussion:

 

1.        www.hobartcity.com.au/Council/Elected-Members includes the Public Interests Register as updated from time to time under the Public Interests Register Policy adopted by Council on 24 April 2023.

 

2.        The Register is a public register of those private interests Elected Members declare under the Policy. The Policy and “Declaration of Public Interests” form in which Elected Members are asked to list their “Registrable Interests”:

·      expressly exclude an Elected Member’s primary residence; and

·      do not specify any required level of address detail.

 

3.        The Policy states that the Register is online always and a living document:

(a)  published online always and made accessible to the public on request in other forms;

(b)  [to be updated] as soon as possible, but not exceeding 28 days, after an Elected Member obtains a new interest ....

 

4.        Public disclosure is only purpose of the Register and associated form – they do not relieve Elected Members of their obligation to declare conflicts of interest as and when they arise. As the Policy notes:

Nothing in [it] alters or fetters any requirements contained in the Local Government Act 1993 regarding disclosure of interests by Elected Members.

 

5.        Only information which Elected Members submitted on their “Declaration of Public Interests” form was ever published.

 

6.        Following the Mercury report of the Register, some Elected Members raised concerns at the extent of the address detail which had been entered from their Declaration forms into the Register then published online.

 

7.        The Register was taken offline that day to remove from publication street numbers and names submitted by all Elected Members: as per the request and suggestion by the Elected Member concerned at the publication of all the information he had provided; and out of an abundance of caution for Elected Members who might have been unaware of the Mercury report.

 

8.        Some Elected Members said they did not want addresses beyond suburbs to be made public. Other Elected Members suggested that the Register should be expanded from just the suburb, as now listed to:

·     add street name, so the public has a reasonable chance of seeing if the Elected Member has a conflict of interest in relation to a development application (which might differ, depending where in a large suburb like Sandy Bay or West Hobart a member had an investment property)

·     list how many properties an Elected Member owns (rather than only one entry per suburb, as is now the case for an Elected Member with multiple properties in one suburb).

 

9.        It is apparent that Elected Members have – and are entitled to – different views and personal preferences as to how address-specific they should be in disclosing detail of property in which they have an interest, but do not live.

 

10.      Each Elected Member is best placed to balance the competing interests of their privacy with the extent of address-specific detail they decide to publicly declare. This may be based upon their individual circumstances or preferences. Neither the current Policy nor Declaration form for the Register require street numbers or names, leaving open to each Elected Member the level of detail they provide.

 

11.      Accordingly, it is recommended each Elected Member limit the “Registrable Interests” declared in their “Declaration of Public Interests” form to the level of address specificity they are willing to have published in the Register.

 

12.      If an Elected Member does not want the specific street number address of a property they own included in the Register, please do not add that level of specificity to the via the “Declaration of Public Interests” form.

 

13.      Given some Elected Members do not want all the detail in forms they originally submitted being re-published online, whereas others may be happy for that to occur, the following process is recommended.

 

14.      Governance staff send each Elected Member their current “Declaration of Public Interests” form.

 

15.      Each Elected Member review their Declaration form, then redact from it themselves information they do not wish added back into the Register. This is preferable to asking staff to second-guess what information in their Declaration Elected Members may not wish published in the Register.

 

16.      If an Elected Member returns a form, then Governance staff will update the Register accordingly. If an Elected Member does not return a form, then their investment property entry will remain limited to suburb.

 

17.      In terms of other questions raised by the Motion, amendments to the Policy are not considered necessary due to the following responses to its points, based on the response previously provided to the Motion’s mover via the Elected Member Requests system.

 

18.      Point 2: detail around what purposes the information Elected Members provide can be used by the Council for

 

19.      The information Elected Members provide for the Register is used by officers to implement the Policy, ie, to be published online always and made accessible to the public on request in other forms – as described above.

 

20.      Point 3: where and how the information Elected Members provide is held, how the security of the information managed, and which roles have access to this information

 

21.      Elected Members’ submitted “Declaration of Public Interests” forms were scanned, then the hard copy forms sent to security shredding. Information from the forms was entered into the Register by Governance staff. The information entered is held electronically within the City’s electronic document management system (EDMS). Access to that part of the EDMS is security restricted to Governance staff. All Governance staff have access to that information, which is necessary given the unit’s resourcing constraints.

 

22.      Point 4: who has delegation to approve what information is published on the Council’s website?

 

23.      Approval of what information Elected Members submit for the Public Interest Register is published on the Council’s website has now been elevated to the Manager Legal and Governance. However, this should not matter if Elected Members only submit for the Public Interest Register information they are willing to have published in the Register, and redact their prior form accordingly if necessary.

 

24.      Point 5: detail around what ‘other forms’ the information can be provided to the public in and how this differs to what is available online and who approves these requests

 

25.      We have not yet had any requests for information in the Register to be made accessible in other forms. ‘Other forms’ in which we might be required to do that could be if requested to:

·      provide hard copy; or

·      facilitate enabling someone to view the Register electronically in-house (which might be due to a visual disability; or their inability to access the website).

 

26.      Point 6: the process for elected members having their information altered or removed

 

27.      Email the Council Support Unit to:

·     add any additional information – preferably by submitting a new form; or

·     indicate what information previously submitted should be altered or removed (as occurred the day concerns were raised, the Register taken down, updated, then reposted).

 

28.      Point 7: what happens to information when a person who provided their information is no longer an elected member

 

29.      In such circumstances information will need to be retained securely pursuant to requirements under the Archives Act.

 

Strategic, Legislative and Policy Implications

Capital City Strategic Plan

Pillar:

 

Outcome:

Hobart is a city of best practice, ethical governance and transparent decision-making.

 

Strategy:

8.1.1 Practise integrity, accountability, strong ethics and transparency in the City’s governance, policymaking and operations.

8.1.2 Practise and communicate good city governance and decision-making.

Legislation and Policy

Legislation:

 

Policy:

Public Interests Register Policy

 

Financial Implications

 

1.   The only financial implications of the amendments to the policy proposed by this motion would be staff time.

 

 

 

 

Elliot

Behrakis                                                                 That the motion be adopted.

 

MOTION LOST

VOTING RECORD

AYES

NOES

Behrakis

Lord Mayor Reynolds

Kelly

Harvey

Elliot

Dutta

 

Bloomfield

 

Posselt

 

Lohberger

 

 

 

 

 

COUNCIL RESOLUTION:

 

 

The motion was lost.

 

 

 

25.      RESPONSES TO QUESTIONS WITHOUT NOTICE

            File Ref: F23/87271

 

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

File Ref: 13-1-10

 

25.1              Governance Model Review

Memorandum of the Chief Executive Officer 17 July 2023.

25.2              Agenda Distribution Timeframes

Memorandum of the Chief Executive Officer 19 July 2023.

25.3              Parking Infringement Cancellations

Memorandum of the Chief Executive Officer 17 July 2023.

25.4              Transparency of Consultants’ Actions

Memorandum of the Chief Executive Officer 17 July 2023.

25.5              Affordable Housing

Memorandum of the Chief Executive Officer 19 June 2023.

 

Harvey

Posselt                                         That the information be received and noted.

 

MOTION CARRIED

 

 

VOTING RECORD

AYES

NOES

Lord Mayor Reynolds

 

Harvey

 

Behrakis

 

Dutta

 

Kelly

 

Elliot

 

Bloomfield

 

Posselt

 

Lohberger

 

 

 

 

26.      QUESTIONS WITHOUT NOTICE

            File Ref: F23/82787

 

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

File Ref: 13-1-10

 

26.1    Councillor Bloomfield - Closed Captions

Question:

Can the Acting Chief Executive Officer advise if closed captions can be added to the live stream and recording of the Council meetings for those with hearing issues?

 

Answer:

The Acting Chief Executive Officer took the question on notice.

 

 

26.2    Councillor Posselt - Events and Activation Expenditure

Question:

Can the Acting Chief Executive Officer advise:

How many activations and events did the City of Hobart run in the last financial year?

What were these events/activations and can a list be provided?

What was the total cost of running these events and activations?

What is the estimated cost in officer time to support these events?

How many FTE are dedicated to events and activations?

What event grants were provided in the last financial year and can a list be provided?

What was the total cost of event grants in the last financial year?

 

Answer:

The Acting Chief Executive Officer took the question on notice.

 

 

 

 

 

26.3    Councillor Elliot - Cost of Crowther Statue Project

Question:

Can the Acting Chief Executive Officer advise what were the direct cost related to the Crowther project removal including the reinterpretation project and preparing the planning application

 

Answer:

The Acting Chief Executive Officer took the question on notice.

 

 

26.4    Councillor Elliot - Cost of Crowther Statue Removal

Question:

Can the Acting Chief Executive Officer advise what are the estimated costs (budget) that will be incurred for the removal of the statue, conditions for the signage and the new artwork that will be commissioned?

Answer:

The Acting Chief Executive Officer took the question on notice.

 

27.     Closed Portion of the Meeting

 

 

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:   

 

·         Minutes of a closed Council meeting

·         Information of a personal and confidential nature

·         Personal hardship

·         Information relating to commercial arrangements

·         Proposals for the Council in interest of land

 

The following items were discussed:-

 

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

Item No. 2          Communication from the Chairman

Item No. 3          Leave of Absence

Item No. 4          Consideration of supplementary Items to the agenda

Item No. 5          Indications of pecuniary and conflicts of interest

Item No. 6          Outstanding Rates and Rates Remissions Granted as at 30 June 2023

LG(MP)R 15(2)(g) and  (j)

Item No. 7          2023-24 Rates - Variation Objections and Rate Remission Requests

LG(MP)R 15(2)(g) and  (j)

Item No. 8          Response to Notice of Motion - Social Housing on Council Land

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

Item No. 9          Salamanca Market - Revenue Opportunities

LG(MP)R 15(2)(b)

Item No. 10        Risk and Audit Panel Minutes - 8 March 2023 and 10 May 2023

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

Item No. 11        RESPONSES TO QUESTIONS WITHOUT NOTICE

LG(MP)R 15(2)(d)

Item No. 12        QUESTIONS WITHOUT NOTICE

LG(MP)R 15(2)(b)

 

 

 

 

 

The Chairman adjourned the meeting at 7.13pm for a dinner break.

 

The meeting was reconvened at 7.33pm.

 

The substantive vote for item 19 was then taken.

 

There being no further business the Open portion of the meeting closed at 8.56pm.

 

 

 

 

 

TAKEN AS READ AND SIGNED AS A CORRECT RECORD THIS
25th DAY OF September 2023.

CHAIRMAN