4 Meeting Procedure Local Law 2017 Abstract · 4 Meeting Procedure Local Law 2017 Abstract At the Council meeting on 12 December 2016, the Council resolved to commence the statutory

Council Meeting Agenda 27/03/17

4 Meeting Procedure Local Law 2017

Abstract At the Council meeting on 12 December 2016, the Council resolved to commence the statutory process to make the Meeting Procedure Local Law 2017 (the MPLL17) in accordance with the Local Government Act 1989 (the Act). The MPLL17 was prepared based on Council's current Meeting Procedure Local Law (the current Local Law), with amendments to:

ensure compliance with the Act; improve the structure, clarity or readability of the local law; provide discretionary rather than mandatory powers to the Chairperson which

are more consistent with the Victorian Charter of Human Rights; improve, simplify or clarify procedural matters; and correct incidental formatting, numbering, and/or typographical issues.

Public notice of Council's decision to commence the process to make the MPLL17 was given the Victorian Government Gazette and on the Council website on 15 December 2016 and in the Progress Leader newspaper on 20 December 2016. On 15 December 2016, the Victorian Ombudsman, Deborah Glass, also presented a report to Parliament, titled Investigation into the transparency of local government decision making. The Ombudsman's report makes a number of recommendations which are of relevance to Council’s meeting procedures. If Council was of a mind to implement some Ombudsman recommendations in the MPLL17, the changes could be considered significant in the context of the previously exhibited local law. The Act constrains Council’s ability to make significant changes to a draft local law which has been exhibited, without further community consultation. Further consultation on potential changes to the MPLL17 is not practicable before the current Local Law expires on 6 April 2017. It is therefore proposed that Council adopt the MPLL17 subject to minor administrative changes. Officers also propose to submit a further report regarding the MPLL17 in the context of the Ombudsman’s report no later than 29 September 2017. Subject to Council’s decision this may result in the exhibition of a revised local law. Following public notice of the proposed MPLL17, seven written submissions were received and four submitters have requested to be heard in support of their written submission. Two consistent points/themes raised by the submitters are concerned with community engagement associated with public question time and public submissions/presentations. Generally speaking submitters are of the view that the rules around these processes are too restrictive and prohibit meaningful engagement in a public forum with councillors. Having considered the written submissions, officers are of the view that the submissions suggesting changes to the MPLL17, do not warrant rejection of the MPLL17 as exhibited (Attachment 4).

City of Boroondara Meeting Procedure Local Law Page 1 of 102


Officers' recommendation That Council resolve: A. Having complied with the requirements of Section 119(2) of the Local

Government Act 1989 (the Act) and having received submissions under Section 223 of the Act:

1. To make the Meeting Procedure Local Law 2017 (Attachment 4, as

annexed to the Minutes) in accordance with Sections 111 and 119 of the Act.

2. To affix the common seal to the Meeting Procedure Local Law 2017. 3. To give notice of the making of the Meeting Procedure Local Law 2017 in

the Victorian Government Gazette and a public notice in the Progress Leader newspaper in accordance with Section 119(3) of the Act.

4. Having made the Meeting Procedure Local Law 2017 to send a copy to

the Minister for Local Government in accordance with Section 119(4) of the Act.

5. To write to each person who made a submission and inform them of the

Council decision. The reason for that decision being Council considers the Meeting Procedure Local Law 2017 is necessary and appropriate to provide for the procedures governing the conduct of Council meetings and Special Committee meetings, the election of the Mayor and the use of the common seal.

B. That Council officers submit a report by no later than 29 September 2017 which

provides an analysis of the report released by the Ombudsman (Investigation into the Transparency of Local Government Decision Making) to enable Council to consider the possible implications for the Meeting Procedure Local Law 2017.

Document information



Responsible manager: David Thompson

Governance ___________________________________________________________________ 1. Purpose

The purpose of this report is for Council to consider making the Meeting Procedure Local Law 2017 (the MPLL17).

2. Policy implications and relevance to council plan

This report is consistent with the strategy within the Council Plan 2013-17 to "ensure Council is open, transparent, inclusive and accountable to the community by having sound processes for making and implementing decisions". Beyond good governance, it is also about risk minimisation and management.

An effective, contemporary Meeting Procedure Local Law is also a vital part of the effective decision-making process outlined in the Councillor Code of Conduct (the Code) adopted in accordance with the provisions of Section 76C of the Local Government Act 1989 (the Act).

Additionally, Section 91 of the Act requires Council to make local laws governing the conduct of meetings of the Council and special committees.

3. Background

The current Meeting Procedure Local Law was originally adopted by Council on 26 March 2007 and commenced on 6 April 2007. It has been amended three times (in 2011, 2014 and 2015) since its inception, to respond to the needs of the Council of the day or legislative change.

The Meeting Procedure Local Law as amended (the current Local Law) is due to expire (i.e. its ‘sunset date’) on 6 April 2017. After this date, the current Local Law will cease to apply. The current Local Law cannot be extended as 6 April 2017 represents the mandatory sunset date prescribed by Section 122 of the Act. Consequently, a new local law must be made in order for Council to comply with Section 91 of the Act.

At the Council meeting on 12 December 2016, the Council resolved to commence the statutory process to make the Local Law.

In accordance with the Act, public notice was given in the Victoria Government Gazette and on the Council website on 15 December 2016 and in the Progress Leader on 20 December 2016 inviting submissions on the proposed Local Law.

Written submissions were required to be received at the Council offices no later than 5.00pm on Tuesday 7 February 2017. However, due to unexpected technical issues with the Council website arising during afternoon of Saturday 4 February and continuing through to Sunday 5 February 2017, the closing date for submissions was extended to 5.00pm on Thursday 9 February 2017.

Following the public notice, seven written submissions were received. Copies of the written submissions are at Attachment 1.



Council officers have written to all submitters providing them with the opportunity to be heard in support of their written submission at the Ordinary Council meeting on 27 March 2017. Four submitters have elected to be heard in support of their written submission, namely:

1 Mary Drost 3 Joanne Fenton 2 Ian Hundley 4 Helen Sleigh

Since the exhibition of the MPLL17, officers have identified and made some minor, administrative amendments to the local law. In summary these:

Correct clause numbering; Correct cross-references to clauses; and Correct a drafting anomaly (Clause 60.3).

4. Outline of key issues/options

Officers have prepared a response to each of the key points / themes raised in the written submissions (Attachment 2).

4.1 Public Question Time

A consistent point/theme raised by submitters was concern with the adequacy of community engagement associated with public question time. Generally speaking, the submitters are of the view that the rules around public question time are too restrictive and prohibit meaningful engagement in a public forum with councillors.

These restrictions were recently and comprehensively considered by Council following consideration of both officer reports and submissions from the community prior to new restrictions being introduced to the current Local Law in April 2015. (Reports and minutes for the Council meetings on 22 September 2014, 11 December 2014, 23 March 2015 and 27 April 2015 are available on Council's website).

Advancing accessibility and engagement through public question time

In the local government context public question time appears to be a long standing custom and a practice of the majority of councils; presumably following principles associated the Westminster parliamentary tradition.

It is the view of officers that the fundamental purpose of public question time on the Council meeting agenda is to facilitate community access to its elected representatives.

Public question time at the City of Boroondara provides members of the public with an opportunity to engage directly with Council on any subject matter provided the conditions set out in the local law are met. However, in the years since public question time was first included on the agenda for Ordinary Council meetings, councillors and council officers have become more accessible to the community than ever before.



Members of the public have many mechanisms at their disposal to engage with councillors:

Members of the public can make a submission about an agenda item at

either the Urban Planning Special Committee or the Services Special Committee;

Before matters are listed for consideration at a Council meeting they have (where appropriate) already been through a community consultative process; and

There are a variety of communication channels available to contact councillors and Council officers (i.e. post, phone, email and social media)

These each provide the public with opportunities to directly engage with their elected representatives on key issues prior to a decision being made, or to bring new matters to councillors' or officers' attention.

In this context it is debateable as to whether public question time adds real value to the process of engaging with and hearing from the community at large. It must however be acknowledged that for a very small number in the community who use public question time, it is seen as an important part of the democratic tradition and a means by which elected representatives can be accessed and held accountable.

4.2 Public submissions/presentations at Special Committees

A second common point/theme expressed by submitters is the limitations imposed on the opportunity to make public submissions/presentations to items presented to Special Committee meetings.

Advancing accessibility through public submissions at Special Committees

Public submissions/presentations have been a feature of Council's Urban Planning Special Committee and Services Special Committee meetings since the committees were created in the mid-1990s.

These committees provide an opportunity for members of the public to speak directly to all members of the Special Committee at the final stages of the decision making process.

Ultimately, the opportunity for members of the public to participate in the meeting must be balanced against the need to ensure the business of Council can be completed within a meeting of reasonable duration and to ensure there is an opportunity to speak for all who wish to do so. Accordingly, the opportunity to make submissions at Special Committee meetings is subject to time limits.

It is also appropriate to regulate the content and conduct of submitters to ensure their contributions to the decision making process are orderly and constructive.



Engagement with Council decision-making processes at Special Committees

Decisions made at Special Committee meetings are often subject to prior consultation processes, including for example, the formal objections process provided in relation to planning permits applications under the Planning and Environment Act 1987.

All members of the public also have an opportunity to make representations to Councillors in order to influence decision making at Special Committees, exercisable through a variety of channels (for example phone, post, email and social media).

The opportunity to make a submission at a Special Committee meeting enables members of the community a final opportunity to engage with decision makers prior to a decision being made.

It may be that some members of the community view the opportunity to speak as their only chance to advocate for the outcome they seek. In cases where submissions/objections have been received by Council, councillors have read submissions and simply need submitters to emphasise their key points. Three minutes is considered ample time to complete this task.

4.3 Compliance with the Local Government Act 1989 and Victorian

Charter of Human Rights and Responsibilities Act 2006

There are no provisions under the Act requiring Council to have public question time at meetings, or to hear public submissions at Special Committee meetings. In these regards, the Act specifically states [Section 91(2)] that the conduct of meetings of a Council is in the Council's discretion.

Consequently, if public question time or public submissions were removed entirely from the meeting agenda or amended to include additional requirements on questions or submissions, Council would still be compliant with its obligations under the Act.

The Victorian Charter of Human Rights and Responsibilities Act 2006 (the Charter) is a law that sets out the basic rights, freedoms and responsibilities of all people in Victoria. Council must observe these rights and act compatibly when making decisions, creating local laws, setting policies and providing services. At times Council may act in a manner that limits rights protected in the Charter. However, this must be necessary and reasonable and there must be clear reasons for the decision recorded.

Under the Charter every person has the right to take part in public life and to have access, on general terms of equality, to the Victorian public service and public office. Council's current practice of providing members of the public with the opportunity to participate in Council meetings via public question time and public submissions at special Committee meetings, is not only compatible with, but promotes and enhances this prescribed right.

This is not to say that the removal of, or further amendments to, public question time or public submissions would result in a limitation on this prescribed right. Access to technology and the prevalence of social media has created unprecedented access to councillors.



4.4 Ombudsman Report - Investigation into the transparency of local

government decision making

On 15 December 2016, the Ombudsman released a 184 page report following her own motion enquiry, titled “Investigation into the transparency of local government decision making”. The investigation, which surveyed all 79 Victorian councils and selected 12 for detailed intensive focus, examined matters including but not limited to the public access to meetings, agendas and minutes, councillor briefings and closure of meetings to the public.

Based upon the matters raised in her report, the Ombudsman made six recommendations to the Government and Local Government Victoria. To assist councillors, the Ombudsman’s recommendations have been included at Attachment 3.

The Victorian Government is currently reviewing the Act. The next stage of the Local Government Act review will involve the release of draft legislation (expected to be in the latter half of 2017). The Ombudsman has encouraged the Government and Local Government Victoria to address the issues raised in her report.

In her report the Ombudsman acknowledges that the Act leaves “it to local laws adopted by each council to govern individual council processes”. Council has the power under the Act to provide for the procedures governing the conduct of Council meetings and Special Committee meetings that it believes are necessary and appropriate.

The Ombudsman's report makes a number of recommendations which are of relevance to Council’s meeting procedures. Should Council be of a mind to implement some Ombudsman recommendations in the MPLL17, the changes could be considered significant in the context of the previously exhibited local law.

The Act constrains Council’s ability to significantly amend a draft local law which has been already publically exhibited. Any changes therefore warrant careful consideration by Council and an opportunity for public consultation on any proposed changes to the MPLL17. As further consultation is not practicable before the current Local Law expires on 6 April 2017, officers are of the view that it would not be prudent for Council to adopt the MPLL17 with significant changes.

4.5 Conclusion

Having considered the written submissions, officers are of the view that the submissions suggesting changes to the MPLL17, do not warrant rejection or amendment of the MPLL17 as exhibited (Attachment 4) at this time.

Officers are also of the view that it is appropriate to consider a further report analysing the Ombudsman’s recommendations and the potential implications for the MPLL17.

It is anticipated that such a report would be presented to a Council meeting no later than 29 September 2017.



5. Consultation/communication

The Act requires 28 days public notice to be given about a proposed local law. The MPLL17 has undergone public exhibition in accordance with the provisions of the Act as highlighted in the public notice published in the Victoria Government Gazette and on the Council website on 15 December 2016 and in the Progress Leader on 20 December 2016 inviting submissions on the proposed local law.

Recognising the Christmas/New Year period, the required public notice period was extended from 28 days to 51 days with the closing date for submissions being no later than 5.00pm on Tuesday 7 February 2017. This was extended to 5.00pm on Thursday 9 February 2017 after some unexpected technical issues were experienced with the Council website arising during afternoon of Saturday 4 February and continuing through to Sunday 5 February 2017.

To enable the community the best possible chance to make a written submission, the Council website and the Boroondara Noticeboard in the Progress Leader invited feedback on the local law during December 2016, January and February 2017.

A total of seven written submissions were received and four submitters have elected to be heard in support of their written submission.

To assist in drafting and effectively communicating the content of the proposed local law, a “Local Law Community Impact Statement” was prepared and exhibited for review with the proposed Local Law.

If Council resolves to make the local law the remaining steps required are:

1. Give notice to the community in the Government Gazette and Progress

Leader. 2. Make the local law available on Council's website and from customer

service. 3. To write to each person who made a submission and inform them of the

Council decision and the reasons for that decision. 4. Send a copy of the local law to the Minister for Local Government. 5. Implement appropriate internal processes and procedures for handling

questions submitted for public question time. 6. Financial and resource implications

The costs to make the local law can be met within the current Governance budget and include the cost of the public and gazette notices.

Costs associated with the application of the MPLL17 can be met within existing operational budgets.



7. Governance issues

The Community Impact Statement prepared for the draft Meeting Procedure Local Law 2017 specifically considered the proposed changes in the context of the Victorian Charter of Human Rights and Responsibilities (the Charter).

The proposed local law is not considered to adversely or unreasonably impact upon any of the rights protected under the Charter.

The officers responsible for this report have no direct or indirect interests requiring disclosure.

8. Social and environmental issues

A robust and effective Meeting Procedure Local Law assists Council to ensure that decision-making processes remain transparent and that high standards of integrity and accountability are maintained. This in turn reinforces public confidence in Council's ability to ensure good corporate governance within the municipality.

Manager: David Thompson, Governance Report officers: David Thompson, Manager Governance and

Andrew Dowling, Coordinator Governance


1

From: Anna C <[email protected]>Sent: Saturday, 21 January 2017 9:46 PMTo: BoroondaraSubject: Meeting procedure local law objection

To whom it may concern

I oppose the proposed Clause 60.1.14 in the Local Law. It should be deleted. I demand the rescission of the May 2015amendments which restricted public participation in Public Question Time.

[email protected]

Attachment 1

Council Meeting Agenda 27/03/17______________________________________________________________________________________

______________________________________________________________________________________City of Boroondara Meeting Procedure Local Law Page 10 of 102

































56 Auburn Grove Hawthorn East. 3123 [email protected]





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From: Mary Drost <[email protected]>Sent: Thursday, 9 February 2017 4:12 PMTo: BoroondaraCc: Phillip Storer; Phillip HealeySubject: FW: PROPOSED MEETING PROCEDURE LOCAL LAW 2017 - SUBMISSION

Categories: Red Category

I did not mention that I will be speaking when this comes to CouncilMary Drost

From:Mary Drost [mailto:[email protected]]Sent: Thursday, 9 February 2017 2:45 PMTo: '[email protected]'Cc: 'Phillip Storer'; 'Phillip Healey'Subject: PROPOSED MEETING PROCEDURE LOCAL LAW 2017 SUBMISSION

Mr Phillip StorerCEOCity of BoroondaraInglesby RoadCamberwell

Dear Mr Storer

SUBMISSION RE PROPOSED MEETING PROCEDURE LOCAL LAW 2017

As I only today found out about these changes to the Procedure I hasten to send a few wordsin response.First I must say that I am very disappointed in the way this has been handled by Council. I havenot been away during the holidays but still heard or read nothing about this until it wasbrought to my attention. Hard to believe that this was done right through the holiday period,15th December when everyone is switched off and only concerned about Christmas and theholidays.I was told today by Governance that it has been advertised in the Leader, well for weeks therewas no Leader and today was the first time it has been delivered to my home. I find the timingappalling, one even has to think underhand. I am aware that the Planning departmentacknowledges the holidays and changes the rules of advertising applications as people areaway, yet the council itself puts this out during the holiday period.I believe that the date to receive submissions should be extended by a month. Today I sentout the notice to BRAG members. This will be the first that most have heard about it.

It is a very large document and takes a long time to digest. So you will see that I make a veryshort submission about a couple of points that jump out but I hope this is taken seriously.



2

PUBLIC QUESTION TIMEOf course this comes up as I know the council would really like to get rid of it altogether. I seethe rules and regulations are growing to make it more difficult to put in questions. I do notagree with these restrictions, public question time should be a time when people can askquestions that bother them. You seem to see it as a nuisance. I know people like me dont askquestions as we can easily speak to councillors or officers but not everyone is like that. I thinkthey should have it made easier to ask public questions that is democracy.

PUBLIC SUBMISSIONS AT COMMITTEE MEETINGS

I find it hard to believe that you are bringing in all these little rules in speaking to thecommittee meetings. Sorry, it is nonsense. Anyone should be allowed to speak, even if theysay what others have said and even if the meeting goes on until late. Further I do not agreethat it should be only for 3 minutes. I know that in the City of Darebin and the City of HobsonsBay, they can speak for 5 minutes. I believe we should also have 5 minutes or at least theability to go longer than 3 minutes and not be cut of rudely which is what often happens.When I was a Councillor with Camberwell and people wanted to speak longer we wouldalways move an extension of time so they could continue. Some issues are very detailed and itcannot be covered in 3 minutes.

In both these subjects I see a dictatorial attitude coming in, detracting from residentsdemocratic rights.I seriously urge you to reconsider and take my ideas seriously. I like to be proud of BoroondaraCouncil as I hear many negative reports about some other councils, but what you areproposing here is not something to be proud of. Please change it and let us see it again beforefinalising, and next time really let the people see it and have time to put in submissions.

Mary Drost OAMActing PresidentBRAGConvenorPlanning Backlash Inc34 Prospect Hill RoadCamberwell [email protected] 4453 0401 834 899



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From: Simon Crisp <[email protected]>Sent: Saturday, 21 January 2017 11:53 AMTo: BoroondaraSubject: Feedback: Procedure Local Law 2017

Dear Boroondara Council,

Re: proposed Procedure Local Law 2017

As a rate payer, resident and business owner in Boroondara I am extremely concerned that the proposed changes will disallow a member of the community proposing a question to Council altogether if in the Council’s or the Municipal officers’ view such a question would require "an unreasonable diversion of Council resources to prepare a response." This is in a proposed Clause 60.1.14. The job of Council is to represent and be accountable to residents, rate payers and business owners by providing transparency and accountability of its business and policy decisions. Councils are NOT private corporations and should not act as if they are. If significant resources are required to respond to community member’s questions, then funds and resources should be made available to provide for this. This is the business of Council.

Additionally, of specific concern is that any question disallowed on these grounds would not even be outlined and described in the public record of the meeting to provide transparency about WHAT question has not been allowed.

Finally, and most emphatically, to reverse this trend to minimising Council members and municipal officers accountability, I vehemently request that Council rescind the amendments made in May 2015 (Clause 60.2 of the Local Law) which now severely restrict the rights of members of the public to ask questions in Public Question Time at Council meetings.

I look forward to your reply.

Dr Simon Crisp Hawthorn East & East Kew



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From: Terence Staunton <[email protected]>Sent: Tuesday, 24 January 2017 8:26 PMTo: BoroondaraCc: [email protected]: Reference: Boroondara Council Meeting Procedure Local Law Proposed for April 2017

Categories: Red Category

Attention Boroondara Council

I object very strongly to Clause 60.1.14 that would give the Council the scope to disallow a question altogether if in its view it would require "an unreasonable diversion of Council resources to prepare a response."

This clause could be used in an “unreasonable” manner by the council to prevent a legitimate question being asked. How does one define “unreasonable”?

There is enough restrictions already in the current Meeting Procedure Local Law to restrict questions by the rate payers. Clause 60.2 appears to be another onerous clause restricting rate payers from asking questions.

As the council is paid by the ratepayers, I believe it should be more amenable to questions and have enough experience and knowledge to give an answer to any question.

I would like on some regular basis (say three monthly) for rate payers to be able to ask any questions they like rather than be bound by the current onerous meeting procedure. The questions could be restricted to a time limit (say a couple of minutes).

regards

Terence StauntonMobile 0423 666306E mail home [email protected]



Attachment 2

Submitter Summary of Issue(s) Response

Anna C Public Question Time - Questions may be disallowed (Clause 60.1.14)The submitter believes this clause should be deleted.

Questions submitted for Public Question Time (PQT) are often provided at short notice, typically on the day of the meeting. Providing a comprehensive answer at the Ordinary Council meeting often requires the immediate allocation of Council resources without regard to the urgency of the question asked. Conversely, questions submitted through Council's routine correspondence processes are managed according to Council's Customer Servicer Charter and enable officers to appropriately prioritise resources, usually over 10 working days to provide a written response.

While the costs of preparing a response to such questions may not be significant in the context of Council's budget, it does not follow that diverting resources at short notice represents the most efficient allocation of scarce public resources.

The proposed clause 60.1.14 allows the Chairperson to consider, with the benefit of advice from the Chief Executive Officer whether the resources required to prepare a response to a question present an unreasonable diversion of resources within the time available before the meeting.

It should be noted that Clause 60.1.14 does not mean councillors are unaware of the question asked or that a response is not provided. Disallowed questions are routinely circulated to councillors and referred to officers to provide a written response.

Clause 60.1.14 also does not apply in isolation. Following receipt of a written response, questions may be submitted to PQT at a future Ordinary Council meeting.

Public Question Time - Questions may be disallowed (Clause 60) The submitter is of the view that there should be no restrictions on Public Question Time.

Public Question Time (PQT) is a discretionary activity of Council. The inclusion of PQT in Ordinary Council meetings is part of providing an open and accountable governance structure. It is however, not the sole purpose of Ordinary Council meetings.

Council meetings exist to enable councillors to conduct the business of Council. It is a matter for councillors to determine how they wish to prioritise the use of their time in those meetings and to resolve the balance they wish to strike in allowing community participation in such meeting processes.



The restrictions imposed by Council on PQT are intended to strike that balance by, generally speaking:

Allowing a reasonable opportunity for PQT within the agenda for each Ordinary Council meeting. Encouraging questions that are not about an agenda item to be submitted through routine

engagement processes, before being asked at PQT. Giving Council the powers to avoid the unreasonable diversion of Council resources at short

notice.

Importantly, the restrictions imposed are discretionary, ensuring that at all times, the Chairperson and ultimately Council can determine whether to disallow a question.




HelenSleigh

Public Submissions/Presentations at Special Committee meetings (Clause 90) The submitter has suggested a change of wording from ‘may be’ to ‘will be’ to enable members of the public the opportunity to make submissions/presentations to the Special Committee on an agenda item relevant to the meeting.

The opportunity for members of the public to make submissions / presentations to a Special Committeemeeting is established in Clause 90.1 of the Meeting Procedure Local Law 2017 (MPLL17). It is consistent with the current Meeting Procedure Local Law (the current MPLL) with no changes proposed.

It is established in discretionary terms as "an opportunity" as there are circumstances in which the opportunity may not be made available, such as where a very large number of submitters make it impractical to hear from every submitter within a meeting of reasonable duration. Ultimately, the opportunity to hear from submitters must be balanced against the need for meeting efficiency to ensure the business of Council can be done.

Notwithstanding, there have been only isolated instances since March 1996 (return to a democratically elected Council) when all members of the community in attendance and wishing to make a submission have not had an opportunity to make a submission.

Scheduling of Urban Planning Special Committee (UPSC) meetings typically takes into consideration the estimated number of submitters and normally accommodates all persons wishing to make submissions. For example, the meetings in April and November 2014 heard from over 50 speakers, and meetings in October 2015 and April 2016 heard from over 40 speakers.

Public Submissions/Presentations at Special Committee meetings (Clause 90.2) The submitter is of the view that persons wishing to speak at Special Committee meetings should have an “absolute minimum of three minutes”.

The duration of submissions has not previously been specified in the Meeting Procedure Local Law and the MPLL17 does not introduce a prescribed time. Speaking time is instead determined at the discretion of the Chairperson, however custom and practice for more than a decade has been to allow submitters three minutes for a submission.

The Chairperson has the discretion to vary speaking times, however once again, custom and practice is that three minutes is the maximum allowable, as it ensures not only equity between speakers, but also certainty between speakers; whether speaking for or against an item; in relation to the same or different items; or speaking at the same or different meetings.

Public Submissions/Presentations at Special Committee meetings (Clause 90.8) The submitter believes the Chairperson should have no discretion in restricting the number of speakers wishing to make a submission/presentation.

The discretion to restrict the number of speakers to be heard at a particular meeting is established in Clause 90.8 of the MPLL17. It is consistent with the current MPLL with no changes proposed.

The clause is established in discretionary terms and ensures the Chairperson has sufficient powers to manage the conduct of a meeting.

In practical terms however, the provisions in Clause 90.8 have rarely been exercised and as previously indicated, Special Committee meetings are routinely scheduled and chaired in a manner which affords members of the public who wish to be heard, the opportunity to make a submission/presentation.



Public Submissions/Presentations at Special Committee meetings (Clause 90.6.2) The submitter has expressed the view that it is inappropriate for the Chairperson to disallow a submission/presentation if it deals with a particular aspect of the subject matter already addressed by a previous speaker.

The discretion to disallow a submission/presentation that addresses a subject matter already addressed by a previous speaker is established in Clause 90.6.2 of the MPLL17. It is consistent with the current MPLL with no changes proposed.

Clause 90.6.2 empowers a Chairperson to disallow submissions to the extent that they are repetitive and focus on issues raised by previous speakers. It is intended to empower the Chairperson to conduct meetings efficiently, where there are a large number of speakers waiting to address Council on a particular item.

As previously indicated however, Special Committee meetings are routinely scheduled and chaired in a manner which affords members of the public who wish to heard, the opportunity to make a submission. Consequently, while a Chairperson may encourage speakers to focus on issues not previously addressed, the power to disallow repetitive submissions has been rarely invoked.

Public Submissions/Presentations at Special Committee meetings (Clause 90.6.5) The submitter has suggested that this clause is “subjective and has the possibility of shutting down any negative arguments presented”.

The discretion to disallow a submission that is aimed at embarrassing a councillor or member of staff is established in Clause 90.6.5 of the MPLL17. It is consistent with the current MPLL with no changes proposed.

The opportunity to make submissions affords members of the public an opportunity to participate in the decision making process of their elected representatives. As such, it is reasonable to expect that submissions focus on the substantive issues before Council. It is not a forum to make allegations or accusations against particular individuals that do not contribute constructively to the decision-making process. Other bodies and processes exist to respond to concerns about inappropriate behaviours. For example, IBAC, the Ombudsman and the Victorian Local Government Investigations and Compliance Inspectorate.

In practical terms, the provisions in Clause 90.6.5 have rarely been exercised. The clause is also established in discretionary terms and ensures the Chairperson has sufficient powers to manage the conduct of a meeting.

Ultimately, any decision of the Chairperson is also subject to the provisions of the MPLL17 that enable any councillor to dissent in the Chairperson's ruling. This means that any councillor who believes the Chairperson has applied an inappropriately subjective ruling when disallowing a submission or presentation has the opportunity to challenge that ruling during the meeting, and have the matter re-determined.



The submitter has suggested that three minutes is “an impossibly short time to present an argument”.

The opportunity established in Clause 90.1 of the MPLL17 to make a submission/presentation to a Special Committee meeting is not the only opportunity to engage with councillors during the decision-making process.

Decisions made at Special Committee meetings are often the subject of separate consultation processes. For example, there are formal processes that enable objections to be lodged against planning permits applications under the Planning and Environment Act 1987.

Even where a decision is not subject to a previous formal consultation / objection process, all members of the public have an opportunity to contact councillors by a variety of channels, including by phone or in person, in writing by post or email, or via social media channels.

It may be that some members of the community view the opportunity to speak as their only chance to advocate for the outcome they seek.

Viewed in the context of all the various opportunities to engage with councillors the opportunity to make a submission / presentation to a Special Committee meeting is more appropriately considered to be an opportunity to speak in support an earlier more detailed submission / representation, not as the first and only opportunity to participate in the decision-making process. Three minutes is considered ample time to complete this task.




IanHundley

Council May Alter Ordinary Meeting Dates (Clause 12) The submitter is of the opinion “that it is inappropriate that the Chief Executive Officer should be empowered to unilaterally change the date, time and place of an Ordinary meeting of Council”.

The submitter has suggested that this proposed change should not proceed.

The proposed change to Clause 12 of the MPLL17 should be read in the context of Clause 23 of the MPLL17 which provides that the Chief Executive Officer (CEO) shall set the order of business for meetings.

Where the CEO has determined there is no business for a Special Committee to conduct for example, it is considered appropriate that the CEO be empowered to change (i.e. cancel) the meeting. This is a more pragmatic outcome than simply allowing a meeting to lapse, or to convene the meeting purely to cancel it.

While this represents a change to the current MPLL, the CEO has historically been authorised by Council to make such changes. For example, when considering the 2017 Council/Committee meeting schedule at its meeting on 7 November 2016, Council resolved:

"1. To adopt the Council and Committee Meeting Schedule for 2017 as annexed to the minutes. 2. To authorise the Chief Executive Officer to amend the Council and Committee Meeting

Schedule as necessary, in consultation with the Mayor and as required the Chairperson of the Services Special Committee and the Chairperson of the Urban Planning Special Committee."

Notice of Meeting (Clause 14) The submitter has suggested that “public notice of a meeting be made not less than ten days prior to the holding of the meeting and that the agenda and the agenda papers should also be made available publicly on the Council website no less than ten days before the meeting”.

Council's current MPLL requires at least 48 hours notice of Council and Special committee meetings, with notice to include the agenda for the meeting. There is no change proposed for the MPLL17.

Council's custom and practice is to circulate the agenda (comprising the order of business and relevant officer reports) 10 days in advance of Council and Special Committee meetings.

Of course, this is not always possible and supplementary items may be added to an agenda. Where this occurs, a revised agenda (comprising a revised order of business and additional officer reports) are circulated typically with three days' notice.

There are inevitably times when the facts and circumstances surrounding a particular matter prevent Council from circulating papers 10 days in advance. In such circumstances, it is not always practical or desirable to delay consideration of the report merely to satisfy an arbitrary notice period.

Whether a particular matter is suitable for inclusion in a revised agenda is determined by the CEO pursuant to Clause 23 of the MPLL17, according to the criteria set out in that clause. Once on the agenda, whether a report is considered at the meeting is ultimately a decision for Council or the relevant Special Committee.

If Council or the Special Committee determine the matter warrants further consideration, or further notice before being considered, Council or the Special Committee have the power to defer their consideration of the matter to a future meeting.



Change to order of Business (Clause 24) The submitter has expressed the view that “it is inappropriate that the Chief Executive Officer should be empowered to unilaterally issue a revised agenda for a meeting of Council”.


The current MPLL gives the CEO power to issue a revised agenda.

Clause 23 empowers the CEO to determine the order of business and while Clause 24 only refers to Council making changes to the order of business after an agenda has been issue, it must be noted that the definition of "agenda" in Clause 6.1 "includes a revised agenda".

The changes introduced to Clause 23 in MPLL17 improve the transparency of the local law by clarifying the CEO's power to issue a revised agenda.

Public Question Time - Submission of Questions (Clause 59)The submitter is of the opinion that there should be public question time at every Ordinary Council meeting and it is inappropriate for Council to resolve to the contrary.


As previously indicated, Council meetings exist to enable councillors to conduct the business of Council. It is a matter for councillors to determine how they wish to prioritise the use of their time in those meetings and to resolve the balance they wish to strike in allowing community participation in such meeting processes.

Councils are not compelled to conduct PQT and a number of Victorian councils do not include PQT at their Ordinary Council meetings. It is entirely appropriate for Council to have the power to determine whether to conduct PQT at a given meeting.

The proposed changes to Clause 59.1 establish the inclusion of PQT as the default position for Ordinary Council meetings, but allow Council the flexibility to resolve to the contrary. The amendment has been proposed particularly in the context of the election period (‘caretaker period’) before a general election, during which time it is considered prudent to suspend PQT.

Public Question Time - Submission of Questions (Clause 59.2)It is understood that the submitter believes there should be no annual restrictions on the number of questions per calendar year.

Council decided to introduce an annual restriction on the number of questions any one person could ask during each calendar year in April 2015 when Council resolved to make the Meeting Procedure (Additional Amendments 2014) Local Law.

As previously indicated, Ordinary Council meetings exist to enable councillors to conduct the business of Council. It is a matter for councillors to determine how they wish to prioritise the use of their time in those meetings and to resolve the balance they wish to strike in allowing community participation in such meeting processes.

As at 30 June 2015 the official population for the City of Boroondara was 174,787. Since the introduction of the restriction only one person has reached the 11 question limit.



Public Question Time - Submission of Questions (Clause 59.3)The submitter has expressed the view that it is “unreasonably constraining” to require questions to be 75 words or less and not include a preamble, other additional material, or multiple parts.

The submitter has suggested that questions should be 150 words or less and a preamble be allowed.

The submitter has also expressed concerns about the reading of the questions by the Chairperson and how they are recorded in the minutes.

Public Question Time (PQT) is an opportunity for members of the community to ask questions of Council so that knowledge or information may be obtained from Council regarding a particular matter. PQT does not exist as an opportunity for members of the community to seek to impose their views upon Council through preambles or additional material which is designed to express an opinion rather than to acquire information. PQT is a time for questions rather than submissions, and 75 words are considered an appropriate limit to achieve this purpose.

Since April 2015, custom and practice has been for:

the Manager Governance to contact the submitter and attempt to assist them complete their question(s) in a form that is in accordance with the current MPLL; and/or

the Chairperson to omit those parts of a question that are deemed to be a preamble or additional material, in order that the balance of the question may be asked and answered at the meeting.

This is considered to be a more preferable approach than disallowing the entire question.

The minutes of Ordinary Council meetings then include the text of the questions as accepted and read by the Chairperson, as well as a summary of any response provided.

Public Question Time - Questions may be disallowed (Clause 60) The submitter has suggested that question(s) should be permitted if the questioner is unable to attend the Council meeting but nominates a substitute.

Public Question Time is an opportunity for members of the community to attend an Ordinary Council meeting and ask a question of the Council.

Clause 60.3 of the MPLL17 does give the Chairperson discretion to permit a representative to attend or read a question on behalf of a person because of a personal characteristic or attribute protection by law, such as (but not limited) having a disability or status as a carer. This provision is consistent with Clause 60B.1.3 in the current MPLL and ensures the requirement to be in attendance is non-discriminatory.

PQT is not however, the only opportunity to ask questions of Council. By contrast to when PQT was first introduced into Council meetings, community members now have unprecedented opportunities to ask questions, whether in writing (by post or email) to a councillor or staff member, contacting councillors or staff by phone, or through various social media channels.

If a question is submitted to public question time and the questioner is subsequently unable to attend and their question disallowed, it does not go unanswered. Disallowed questions are routinely circulated to councillors and referred to Council staff to provide a written response after the meeting.



Public Question Time - Questions may be disallowed (Clause 60.1) The submitter is of the view that the opinion of the Chairperson is not an objective test in determining to disallow questions.

It is the Chairperson's role to rule on questions of meeting procedure.

Officers are of the view that whenever the Chairperson exercises a discretion, it is based upon their opinion as to the proper application of the relevant meeting procedure local law. This applies whether or not the clause explicitly refers to "the opinion of the Chairperson" such as in clause 60.1.

If Council preferred, the following alternative formulation for Clause 60.1 could be used:

60.1 Considering the general rights of citizens to take part in the conduct of Council affairs, a question may be disallowed by the Chairperson, if in the opinion of the Chairperson determines it:

It should be noted that ultimately, all rulings of the Chairperson in such matters are subject to the provisions of the MPLL17 that enable any councillor to dissent in the Chairperson's ruling. This means that any councillor who believes the Chairperson has applied an inappropriately subjective ruling when disallowing a public question has the opportunity to challenge the Chairperson's ruling and have the matter re-determined.

Public Question Time - Questions may be disallowed (Clause 60.1.5)The submitter believes this clause should be deleted from the Local Law.

The discretion to disallow a question that is aimed at embarrassing a councillor or member of staff is established in Clause 60.1.5 of the MPLL17. It is consistent with the current MPLL with no changes proposed.

PQT is an opportunity to ask questions of Council so that knowledge or information may be obtained from Council regarding a particular matter. As such, it is reasonable to expect that questions focus on substantive issues, and not use PQT as a forum to express opinions, or make allegations or accusations against particular individuals.

It should also be noted that while questions that are aimed at embarrassing a councillor or Council officer may be disallowed, Clause 60.1.5 is expressed in discretionary terms. Where a Chairperson considers a question to be reasonable, notwithstanding the embarrassment it may cause, the question may be allowed.

As previously indicated, decisions of the Chairperson are ultimately subject to the provisions of the MPLL17 that enable any councillor to dissent in the Chairperson's ruling. This means that any councillor who believes the Chairperson has applied an inappropriately subjective ruling when disallowing a question has the opportunity to challenge that ruling during the meeting, and have the matter re-determined.



Public Question Time - Questions may be disallowed (Clause 60.1.6 and Clause 60.1.8) The submitter believes these clauses should be deleted from the Local Law.

Clauses 60.1.6 and 60.1.8 of the MPLL17 are consistent with the current MPLL with no changes proposed. The clauses mirror the language of Sections 89(2)(a) and 89(2)(c) of the Local Government Act 1989 (the LGA) which allow a Council to close a meeting to the public to consider matters of a personnel or industrial nature.

These clauses afford the Chairperson a discretion to disallow questions of a personnel (Clause 60.1.6) or industrial (Clause 60.1.8) nature. Being expressed in discretionary terms however, it should not be assumed that all questions of a personnel or industrial nature will automatically be disallowed.

It should be noted that clause 61.2.1 specifically anticipates the possibility that questions of a personnel or industrial nature being asked in during PQT, as it provides for responses to be given at a meeting closed to the public in accordance with Section 89 of the LGA.

Additionally and as previously indicated, decisions of the Chairperson are ultimately subject to the provisions of the MPLL17 that enable any councillor to dissent in the Chairperson's ruling. This means that any councillor who believes the Chairperson has made an inappropriate ruling when disallowing a question has the opportunity to challenge that ruling during the meeting, and have the matter re-determined.


Clauses 60.1.10 of the MPLL17 are consistent with the current MPLL with no changes proposed. The clauses mirror the language of Sections 89(2)(e) of the LGA which allows a Council to close a meeting to the public to consider matters relating to proposed developments.

This clause affords the Chairperson discretion to disallow a question relating to proposed developments. Being expressed in discretionary terms however, it should not be assumed that all questions relating to proposed developments will automatically be disallowed.

It should be noted that clause 61.2.1 specifically anticipates the possibility that questions relating to proposed developments being asked during PQT, as it provides for responses to be given at a meeting closed to the public in accordance with Section 89(2) of the LGA.





As previously indicated, while the agenda and reports for Council meetings are usually published 10 days in advance of a meeting, questions submitted for Public Question Time (PQT) regarding an agenda item are often provided at short notice, typically on the day of the meeting. Providing a comprehensive answer for the Ordinary Council meeting often requires the immediate allocation of Council resources without regard to the urgency of the question asked. Conversely, questions submitted through Council's routine correspondence processes are managed according to Council's Customer Servicer Charter and enable officers to appropriately prioritise resources, usually over 10 working days to provide a written response.

While the costs of preparing a response to such questions may not be significant in the context of Council's budget, it does not follow that diverting resources at short notice represents the most efficient allocation of public resources.

The proposed clause 60.1.14 allows the Chairperson to consider, with the benefit of advice from the Chief Executive Officer, whether the resources required to prepare a response to a question present as an unreasonable diversion of resources within the time available before the meeting.

It should be noted that Clause 60.1.14 does not mean councillors are unaware of the question asked or that a response is not provided. Disallowed questions are routinely circulated to councillors and referred to officers to provide a written response.

Clause 60.1.14 also does not apply in isolation. Following receipt of a written response, questions may be submitted to PQT at a future Council meeting. It should also be noted that the clause is discretionary and that if the Chairperson considers the question to be reasonable, they have the discretion to allow the question to proceed to PQT.

Public Question Time - Questions may be disallowed (Clause 60.2) The submitter believes this clause should be deleted from the Local Law.

Clause 60.2 of the MPLL17 is consistent with the current MPLL with no changes proposed.

The restrictions on public questions in Clause 60.2 were introduced following consideration by Council of both officer reports and submissions from the community (reports and minutes for the Council meetings on 22 September 2014, 11 December 2014, 23 March 2015 and 27 April 2015 are available on Council's website).

Council ultimately determined to introduce the restrictions as "Council considers the amendments … are necessary and appropriate to manage the resources required for, and regulate the conduct of, public question time at Council meetings."

The main resource implication associated with responding to public questions at Ordinary Council meetings arises from the diversion of staff away from existing priorities at short notice to conduct investigations and prepare responses to questions being asked at Public Question Time (PQT).



Council could manage this impact by simply taking questions "on notice". This would however, be inconsistent with the premise of PQT being an opportunity for questions to be asked and answered at the Ordinary Council meeting.

Requiring questions to have been previously raised with a councillor or member of Council staff, instead encourages questioners to engage with Council or the administration before the question is submitted to PQT. A response can then be prepared having regard to the priority of the question and the requirements of Council's Customer Service Charter.

If the questioner then wishes, the question can be asked at a Council meeting in compliance with Clause 60.2 of the MPLL17. Having been previously considered by a councillor or the administration, the questioner can be confident their question will receive a response 'on the public record' and not be taken on notice.

Clause 60.2 strikes a reasonable balance between managing the business of Council and the opportunity to ask questions at PQT. Importantly, while Clause 60.2 may delay the opportunity to ask questions, it does not prohibit any question being asked, and contributes to transparency by ensuring that questions asked at PQT receive considered responses.

Public Question Time - Questions may be disallowed (Clause 60.4) The submitter is of the view that this clause should be varied to provide that questions disallowed by the Chairperson should also be released publicly in association with the minutes of the meeting on the Council website.

Officers have no in-principle objection to public questions being made publically available, particularly as all questions submitted to Council would for example, be potentially accessible to any member of the public under the provisions of the Freedom of Information Act 1989.

Any proposal for web publication would give rise to privacy considerations that would need to be managed in accordance with Council's obligations under the Privacy and Data Protection Act 2014.

Taking into consideration the grounds upon which a question may be disallowed, a local law that required all questions to be published on Council's website without exception may also be problematic. Council should not for example, commit itself to publishing:

defamatory, indecent, abusive, offensive, questions; or questions that canvass personnel matters, contractual matters, or matters affecting the security of

Council property; where publication may be expose Council to legal liability, or be otherwise contrary to the public interest, or prejudicial to the personal interests of a member of the community.

Were Council of a mind to facilitate the release of disallowed public questions, alternative mechanisms could be considered, for example, by including an opportunity for questioners to grant permission for questions to be released to any interested member of the public upon request. Such a process would not require a change to the MPLL17.



Public Question Time - Questions may be disallowed (Clause 60.5)

The submitter believes this clause should be deleted from the Local Law.

Clause 60.5 of the MPLL17 is consistent with the current MPLL with no changes proposed.

Clause 60.5 gives the Chairperson discretion to disallow questions prior to the commencement of an Ordinary meeting, and should be read in the context of Clause 60.3 which provides that a question may be disallowed if the person asking the question is not in the gallery.

From a purely customer service perspective, it is considered unreasonable to knowingly encourage a member of the community to attend an Ordinary Council meeting in order to participate in PQT, only to find their question has been disallowed.

Clause 60. 5 instead provides an opportunity for Council staff or councillors to engage with a questioner before the meeting, explain the provisions of the local law and why their question has been disallowed. In some instances, this may even enable a questioner the opportunity to remedy their question so that it is in a form which is ultimately permissible and can be answered at the Ordinary Council meeting.

The submitter recommends that the answers to all questions be placed on the meetings section of the Council website.

Subject to satisfying the requirements of the Privacy and Data Protection Act 2014, officers have no in-principle objection to answers to all questions be placed on the meetings section of the Council website.

Where a question is taken on notice for a written response to be provided at a later date however, the response is not typically prepared for public consumption. Consequently, if Council is of a mind to publish a response to questions taken on notice, a response may need to be specifically prepared suitable for web publication.

A change to the MPLL17 would not be required to implement the submitter’s suggestion if it were accepted by Council.

Recording of Proceedings (Clause 78) The submitter recommends that live stream video and audio broadcasting and recording of all Council meetings should be provided for in the Local Law.

Amendments to the power to record Council meetings are proposed in Clause 78 of the MPLL17.

Given advances in technology since the clause was originally drafted, a generic reference to "recording" in Clause 78.1 is considered sufficient to encompass a variety of mediums, include the audio recording previously specified. The proposed amendments to Clause 78 also ensure that while the CEO may record meetings, it is Council that has the ultimate power to determine whether or not meetings are to be recorded.

The Victorian Ombudsman's report, Investigation into the transparency of local government decision making December 2016, acknowledged only 10 out of 79 councils live stream meetings on the internet and viewer numbers for live streams and audio or audio-visual record are not significant.



While it is accepted that audio and or video recording would arguably increase transparency of Council decision-making by making meetings more accessible. It is equally arguable that apprehensions about being recorded, or how recordings may be used, could in fact inhibit public debate and discourse which is contrary to the objectives of increasing transparency.

Such arguments may be dismissed in the context of councillors who seek election to public office, but are of greater significance when considering the rights or opportunities for community members to participate at Ordinary Council meetings or Special Committee meetings.

Public speaking is well recognised as a cause of anxiety for a significant proportion of the community. The prospect of making verbal submissions to Council is perhaps daunting enough without the prospect of one's submission being recorded and posted to the internet, whether by Council or others.

There are also privacy implications associated with such recordings in the absence of a statutory compulsion to record and publish audio / video records. Audio and video recordings can involve the collection of personal information within the meaning of Information Privacy Principles (IPPs) set out in the Privacy and Data Protection Act 2014. Publication of such recordings can similarly amount to a use or disclosure of personal information.

In the absence of a statutory compulsion to make and publish such recordings, such recordings may be considered unnecessary and therefore contrary to the IPPs.

It would be appropriate to ensure that any reform of this nature be undertaken with the benefit of advice from the Victorian Privacy and Data Protection Commissioner.

Recording of meetings would also be more acceptable if the Victorian Government introduces legislation which provides the same level of privilege to councillors as is afforded to state and federal parliamentarians.

The submitter is of the opinion that there should be an additional provision in the Local Law which provides that Council meeting minutes and agenda papers are maintained on the website for a minimum period of ten years.

While perceived as a low or no cost solution, preparing and maintaining website content is becoming a significant cost for Council, particularly when considering that over the years Boroondara's website has grown to over 4,500 pages of content.

The transparency value of publishing more and more statutory content is at risk of being outstripped by the administrative costs associated with preparing and updating the content. A comprehensive review of Council's website also indicates that the sheer volume of data on Council's website is in fact contributing to users being unable to find the information they are seeking.

Agendas and minutes are public documents and readily accessible via Council's website for more recent documents, by making a request of staff, or for more intense or specific research, by accessing copies maintained in the local history collection at the Boroondara Library Service.



Officers are of the view that there are sufficient, reasonable opportunities to access agendas and minutes and would not support a requirement to maintain an extensive web archive of agendas and minutes unless it can be supported by evidence of broader demand within the community.

Recording of Proceedings (Clause 78.2) The submitter is of the view that this clause should be changed to “provide a right for members of the public to record by electronic means the proceedings of all Council meetings”.

Audio and video recordings can involve the collection of personal information of persons in attendance, whether councillors, staff or members of the public.

Members of the public may be apprehensive about the prospect of being recorded without their knowledge by other members of the gallery. Recording devices are also undiscerning, meaning audio recording from the gallery has the potential to capture both official proceedings, as well as the personal or private conversations of members of the gallery which were not part of the proceedings.

Officers are of the view that the regulation of recording at Council meetings is an appropriate protection of the individual rights of persons attending the meetings.

Petitions and Joint Letters (Clause 62) The submitter has suggested that the petition in a Council report should include “the text of the petition, the contact details of a person nominated as the organiser of the petition and a list of the petitioners”.

Officers have no in-principle objection to the proposal, however the proposal does not need to be prescribed in or regulated by the MPLL17 if it were accepted by Council.

Were Council of a mind to disclose the contact information of petition organisers and / or petitions, this could be addressed administratively without need for amendment to the MPL17.

Any change to current procedure would however, need to be carefully reviewed to ensure compliance with Council's obligations under the Privacy and Data Protection Act 2014.

Division 11 - Public Submissions Under the Local Government 1989 (the Act) (Clause 70) The submitter has suggested that where a person has a right to make a submission under section 223 of the Act and requests to speak in support of that written submission the time limit for such hearing such be a minimum of 5 minutes.

Clause 70 is consistent with the current MPLL with no changes proposed. The three minute time limit prescribed is consistent with Council's custom and practice with regard to submissions / presentations to Special Committee meetings under Clause 91 of the current MPLL.

A three minute time limit has proven, over many years, to provide a reasonable balance between the opportunity for members of the public to participate in the decision-making forums, and the need to conduct the business of Council within a meeting of reasonable duration.

While Clause 70 of the MPLL17 is expressed in discretionary terms allowing the Chairperson to extend a persons' speaking time, adherence to the prescribed time limit is generally preferred as it ensures not only equity between speakers, but also certainty between speakers; whether speaking at the same meeting or at different meetings.



It is important to note that councillors will already have read a written submission. In cases where submissions/objections have been received by Council and read, councillors simply need submitters to emphasise their key points. Three minutes is considered ample time to complete this task.

It is ultimately a matter for councillors to determine how they wish to prioritise the use of their time in Council meetings and to resolve the balance they wish to strike in allowing community participation.

Public Submissions/Presentations at Special Committee meetings (Clause 90.2) The submitter is of the view that it “would be more appropriate to provide for a minimum speaking time of five minutes with the Chairperson retaining the discretion to extend this period”.

The duration of submissions has not previously been specified in the Meeting Procedure Local Law and the MPLL17 does not introduce a prescribed time. Speaking time is instead determined at the discretion of the Chairperson, however custom and practice for more than a decade has been to allow submitters three minutes for a submission.

The Chairperson has the discretion to vary speaking times, however once again, custom and practice is that three minutes is the maximum allowable, which ensures equity and certainty between all speakers, whether speaking for or against an item; in relation to the same or different items; or speaking at the same or different meetings.

It is noted that Council could implement a five minute speaking time without amendment to the proposed MPLL17.

As previously indicated, It may be that some members of the community view the opportunity to speak as their only chance to advocate for the outcome they seek. In cases where submissions/objections have been received by Council, councillors have read submissions and simply need submitters to emphasise their key points. Three minutes is considered ample time to complete this task.

Ultimately, it a matter for councillors to determine how they wish to prioritise the use of their time in Council meetings and to resolve the balance they wish to strike in allowing community participation.

Public Submissions/Presentations at Special Committee meetings (Clause 90.3) The submitter believes this clause should be deleted from the Local Law.

Clause 90.3 of the MPLL provided that the Chairperson will have regard to the number of speakers wishing to be heard when determining the period submitters will be allowed to speak under Clause 90.2 of the MPLL17. These clauses are consistent with the current MPLL with no changes proposed.

As previously indicated, a three minute time limit has proven, over many years, to provide a reasonable balance between the opportunity for members of the public to participate in the decision making forums, and the need to conduct the business of Council within a meeting of reasonable duration.

While clause 90.2 allows the Chairperson discretion to extend a person's speaking time, adherence to the prescribed time limit is generally preferred as it ensures not only equity between speakers, but also certainty between speakers; whether submitters are speaking at the same meeting or at different meetings.



There have been only rare instances when the number of speakers has resulted in a reduction in speaking times. As previously indicated, Special Committee meetings typically scheduled taking into consideration the likely number of people wishing to make a submission and chaired in a manner which affords each member of the public who wishes to be heard, the opportunity to make a three minute submission.

With respect to meetings closed to the public in accordance with Section 89(2) of the Local Government Act, 1989 the submitter has suggested that the Council should be “guided by the principles for meeting transparency recommended in the recent report by the Ombudsman. (See Victorian Ombudsman, Investigation into the transparency of local government decision making (December 2016), p. 150)”.

Officers have considered the recommendations to revise the criteria prescribed in Section 89(2) of the LGA by both the Victorian Ombudsman and the Victorian Government (See the Directions Paper, Act for the Future - Directions for a new Local Government Act).

The MPLL17 is not the appropriate place to regulate the closing of meetings to the public, as this is achieved by Section 89(2) of the LGA.

While of the view that Council has properly complied at all times with Section 89(2) of the LGA, officers are, broadly speaking, in support of the recommended changes to Section 89(2).

The submitter has proposed that “the Council should establish an open forum to be conducted each month at the commencement of an Ordinary Council meeting. The open forum would provide the opportunity for members of the public to make presentations on specific matters related to the affairs of the Council”.

There are many opportunities for the community to express their views to councillors about a variety of subjects whether that be in response to specific community engagement about policy, strategy or plans or projects like the Boroondara Community Plan which has reached more than 7,000 people to date.

Council also has the Boroondara Community Voice and ward meetings where the councillor initiates this option.




W (Bill) Arons and JoanneFenton

Public Question Time - Questions may be disallowed (Clause 60) The submitter are of the view that there should be no restrictions on Public Question Time

The provisions of Clause 60 of the MPLL17 are largely consistent with the current MPLL.

There are a range of grounds to disallow questions under Clause 60.1 which go to the nature of questions being asked.

Overall, the discretionary powers to disallow questions in Clause 60.1 are considered to reasonable in the context of facilitating community participation in PQT while reserving Council's powers to manage the conduct and decorum of its meetings, and managing the potentially competing public, private or personal and corporate interests that may arise depending on the nature of the question present to Council.

As previously indicated, questions submitted for PQT are also often provided at short notice and providing a comprehensive answer for the public record at the meeting often requires the immediate allocation of Council resources without regard to the urgency of the question asked.

Clauses 60.1.14 and 60.2 therefore enable Council to manage the resource implications that arise in the context of PQT.

Public Question Time - Questions may be disallowed (Clause 60.1.5)The submitters has expressed the opinion that it is appropriate for “‘awkward’, ‘uneasy’ or ‘uncomfortable’” questions to be asked of a councillor or a member of Council staff

The discretion to disallow a question that is aimed at embarrassing a councillor or member of staff is established in Clause 60.1.5 of the MPLL17. It is consistent with the current MPLL with no changes proposed.

The opportunity to ask questions of Council is not unrestricted and while questions may make councillors or staff feel “‘awkward’, ‘uneasy’ or ‘uncomfortable’”, they should not for example, be used to make allegations or accusations against particular individuals that do not contribute constructively to the democratic process.

The clause is also established in discretionary terms and ensures the Chairperson has sufficient powers to manage the conduct of a meeting. It is noted however in practical terms, that the power to disallow questions under Clause 60.1.5 has rarely been exercised.

Additionally, while Clause 60.1.5 may be considered subjective, ultimately any decision of the Chairperson is subject to the provisions of the MPLL17 that enable any councillor to dissent in the Chairperson's ruling. This means that any councillor who believes the Chairperson has applied an inappropriately subjective ruling when disallowing a question has the opportunity to challenge that ruling during the meeting, and have the matter re-determined.

Public Question Time - Questions may be disallowed (Clause 60.1.10)

Clauses 60.1.10 of the MPLL17 is consistent with the current MPLL with no changes proposed. The clause mirrors the language of Section 89(2)(e) of the LGA which allows a Council to close a meeting to the public to consider matters relating to proposed developments.



The submitter believe that matters relating to proposed developments should be permitted

As previously indicated, this clause affords the Chairperson discretion to disallow a question relating to proposed developments. Being expressed in discretionary terms however, it should not be assumed that all questions relating to proposed developments will automatically be disallowed.

It should be noted that clause 61.2.1 specifically anticipates the possibility that questions relating to proposed developments being asked in during PQT, as it provides for responses to be given at a meeting closed to the public in accordance with Section 89 of the LGA.


Division 11 - Public Submissions Under the Local Government 1989 (the Act) The submitters have suggested that where a person has a right to make a submission under section 223 of the Act and requests to speak in support of that written submission the time limit for such hearing such be up to 5 minutes.

As previously indicated, Clause 70 is consistent with the current MPLL with no changes proposed. The three minute time limit prescribed is consistent with Council's custom and practice with regard to submissions / presentations to Special Committee meetings under Clause 91 of the current MPLL.

A three minute time limit has proven, over many years, to provide a reasonable balance between the opportunity for members of the public to participate in the decision-making forums, and the need to conduct the business of Council within a meeting of reasonable duration.

While Clause 70 of the MPLL17 is expressed in discretionary terms allowing the Chairperson to extend a person's speaking time, adherence to the prescribed time limit is generally preferred as it ensures not only equity between speakers, but also certainty between speakers; whether speaking at the same meeting or at different meetings.

As previously indicated, however, the opportunity to speak is not the only chance to advocate for the outcome they seek. Where submissions/objections have already been received by Council, councillors have read submissions and simply need submitters to emphasise their key points. Three minutes is considered ample time to complete this task.

It is ultimately a matter for councillors to determine how they wish to prioritise the use of their time in Council meetings and to resolve the balance they wish to strike in allowing community participation.



Public Submissions/Presentations at Special Committee meetings (Clause 90.8) The submitters request that the proposed changes to this clause be removed.

Clause 90.8 is consistent with the current MPLL with no material changes proposed.

Changes to the clause improve the readability of the clause and ensure that the clause references all the Chairperson's discretions within Division 18.

As previously indicated, the opportunity for members of the public to make submissions/presentation to a Special Committee may at times be limited in accordance with Clause 90.8, for example when there is a very large number of submitters, making it impractical to hear from every submitter within a meeting of reasonable duration.

Ultimately, the opportunity to hear from submitters must be balanced against the need for meeting efficiency to ensure the business of Council can be done.

Notwithstanding, there have been only isolated instances since March 1996 (the return to a democratically elected Council) when all members of the community in attendance and wishing to make a submission have not had an opportunity to do so.

The scheduling of Special Committee meetings routinely takes into consideration the estimated number of submitters and normally accommodates all persons wishing to make submissions. For example, the meetings in April and November 2014 heard from over 50 speakers, and meetings in October 2015 and April 2016 heard from over 40 speakers.

The submitter is “most alarmed at the amount and level of delegated power being given to the Chief Executive Officer (Council employee) and removed from our elected representatives (our Mayor and councillors) in the proposed Local Law.

The MPLL17 contains a number of amendments to the current MPLL regarding CEO powers. Officers do not consider the changes to represent significant change in the powers given to the Chief Executive Officer.

Changes to Clause 12 in the MPLL17 give the Chief Executive Officer power to change the date, time and place of any Ordinary meeting. As previously indicated, Clause 12 should however be read in the context of Clause 23 of the MPLL17 which provides that the CEO shall set the order of business for meetings. Where the CEO has determined there is no business for a special committee to conduct for example, it is considered appropriate that the CEO be empowered to change (i.e. cancel) the meeting. This is a more pragmatic outcome than simply allowing a meeting to lapse, or to convene the meeting purely to cancel it.



While this represents a change to the current MPLL, the CEO has historically been authorised by Council to make such changes when adopting the Council/Committee meeting schedule. For example, at its meeting on 7 November 2016, Council resolved:

"1. To adopt the Council and Committee Meeting Schedule for 2017 as annexed to the minutes. 2. To authorise the Chief Executive Officer to amend the Council and Committee Meeting

Schedule as necessary, in consultation with the Mayor and as required the Chairperson of the Services Special Committee and the Chairperson of the Urban Planning Special Committee."

Changes to Clause 14 of the MPLL17 empower the CEO to determine the method of delivery for notices of meeting under that clause. From a practical perspective, it can be expected that the CEO would make such a determination in consultation with councillors, however the power is also "subject to any resolution of Council" ensuring that Council has the power to prescribe its preferred method of notice should it wish to do so.

Changes to clause 24 clarify that the CEO has the power to issue a revised agenda, a power which exists in the current MPLL. (Clause 23 of the current MPLL empowers the CEO to determine the order of business for an agenda and the definition of "agenda" in Clause 6.1 which "includes a revised agenda".)

Changes to Clause 28.4 expand the circumstances in which the CEO might reject a councillor's notice of motion. Those circumstances enable the CEO to protect the interests of Council, by rejecting motion that are for example, defamatory or outside Council powers. Clause 28.5 also includes appropriate safeguards on the CEOs power, requiring consultation with the submitting councillor before the motion is rejected.

Clause 28.11 of the MPLL17 adds a new power for the CEO to provide a report to Council detailing the implications for Council and the community in respect of any notice of motion.

These changes are consistent with the findings in the Victorian Ombudsman's report, Investigation into the transparency of local government decision making December 2016 which raised concerns regarding notices of motion being used at other Councils, including to make significant decisions without the benefit of officer advice.

Changes have been made to Clause 78 of the MPLL17 limiting the power of the CEO to record meetings, by making the CEO's power subject to any resolution of Council.



Submitter Summary of Issue(s) ResponseMary Drost OAM

The submitter has expressed disappointment with Council in giving public notice of its intention to make the Meeting Procedure Local law during the Christmas/New Year period and suggested that the closing date for submissions be extended by a month

The current MPLL is due to expire (i.e. its ‘sunset date’) on 6 April 2017. The current MPLL cannot be extended as 6 April 2017 represents the mandatory sunset date prescribed by Section 122 of the LGA. Consequently, a new local law must be made in order for Council to comply with Section 91 of the LGA.

Taking into consideration the 2016 elections and the swearing in of councillors taking place on 7 November 2016, the recommendation to make the MPLL17 was presented to Council at the first opportunity, namely the Council meeting 12 December 2016.

The LGA requires 28 days public notice to be given about the proposed MPLL17. The proposed MPLL17 appeared in a public notice published in the Victoria Government Gazette and on the Council website on 15 December 2016 and in the Progress Leader on 20 December 2016.

While many businesses may close during the Christmas/New Year period, the required public notice period was extended from 28 days to 51 days with the closing date for submissions being no later than 5.00pm on Tuesday 7 February 2017.

This was extended to 5.00pm on Thursday 9 February 2017 after some unexpected technical issues were experienced with the Council website from the PM on 4 February through to Sunday 5 February 2017.

To enable the community the best possible opportunity to make a written submission, invitations to provide feedback were advertised on the Council website and the Boroondara Noticeboard in the Progress Leader during December 2016, January and February 2017.

It is noted that no submissions have been received subsequent to the 9 February 2017 extended deadline.

Division 8 - Public Question Time (Clause 60) The submitter is of the view that there should be no restrictions on Public Question Time

As previously indicated, PQT is a discretionary activity of Council. The inclusion of PQT in Ordinary Council meetings is part of providing an open and accountable governance structure. It is however, not the sole purpose of Ordinary Council meetings.

Council meetings exist to enable councillors to conduct the business of Council. It is a matter for councillors to determine how they wish to prioritise the use of their time in those meetings and to resolve the balance they wish to strike in allowing community participation in such meeting processes.



The restrictions imposed by Council on PQT are intended to strike that balance, by, generally speaking:

Allowing a reasonable opportunity for PQT within the agenda for each Ordinary Council meeting. Encouraging questions that are not about an agenda item to be submitted through routine

processes, before being asked at PQT. Giving council the powers to avoid the unreasonable diversion of Council resources at short

notice.

Importantly, the restrictions imposed are discretionary, ensuring that at all times, the Chairperson and ultimately Council can determine whether to disallow a question.

Public Submissions/Presentations at Special Committee meetings (Clause 90.2) The submitter is of the view that persons wishing to speak at Special Committee meetings should be granted between three and five minutes to make their submission/presentation

As previously indicated, the duration of submissions has not previously been specified in the Meeting Procedure Local Law and the MPLL17 does not introduce a prescribed time. Speaking time is instead determined at the discretion of the Chairperson, however custom and practice for more than a decade has been to allow submitters three minutes for a submission.

The Chairperson has the discretion to vary speaking times, however once again, custom and practice is that three minutes is the maximum allowable, which ensures equity and certainty between all speakers, whether speaking for or against an item; in relation to the same or different items; or speaking at the same or different meetings.

It is noted that Council could implement a 5 minute speaking time without amendment to the proposed MPLL17

As previously indicated, It may be that some members of the community view the opportunity to speak as their only chance to advocate for the outcome they seek. In cases where submissions/objections have been received by Council, councillors have read submissions and simply need submitters to emphasise their key points. Three minutes is considered ample time to complete this task.

Ultimately, it is a matter for councillors to determine how they wish to prioritise the use of their time in Council meetings and to resolve the balance they wish to strike between allowing community participation and ensuring meetings are conducted efficiently and within a reasonable duration.



Submitter Summary of Issue(s) ResponseDr Simon Crisp

Public Question Time - Questions may be disallowed (Clause 60.1.14)The submitter believes this clause should be deleted

As previously indicated, questions submitted for Public Question Time (PQT) are often provided at short notice, typically on the day of the meeting. Providing a comprehensive answer for the public record at the meeting often requires the immediate allocation of Council resources without regard to the urgency of the question asked. Conversely, questions submitted through Council's routine correspondence processes are managed according to Council's Customer Servicer Charter and enable officers to appropriately prioritise resources, usually over 10 working days to provide a written response.



It should be noted that Clause 60.1.14 does not mean councillors are unaware of the question asked or that a response is not provided. While Clause 60.1.14 may delay the opportunity to ask questions at PQT, disallowed questions are routinely circulated to councillors and referred to officers to provide a written response. Following receipt of a written response, questions may be re-submitted to PQT at a future Ordinary Council meeting and having been previously asked and answered could be expected to receive a response at a future meeting.

The submitter has suggested that disallowed questions be recorded in the minutes of the Council meeting

Clause 60.5 gives the Chairperson discretion to disallow questions prior to the commencement of an Ordinary meeting.

From a purely customer service perspective, it is considered unreasonable to knowingly encourage a member of the community to attend a Council meeting in order to participate in PQT, only to find their question has been disallowed.

Clause 60. 5 instead provides an opportunity for Council staff or councillors to engage with a questioner before the meeting, explain the provisions of the local law and why their question has been disallowed.

This approach is routinely adopted by staff and in some instances enables a questioner the opportunity to remedy a disallowed question such that it is a form which is ultimately permissible and can be asked and answered at the meeting.

As previously indicated, where a question is disallowed under Clause 60.1.14 it will be referred to officers to provide a written response. Following receipt of a written response, the question may be re-submitted to PQT at a future Council meeting and having been previously asked and answered could be expected to receive a response at that future meeting which would be recorded in the minutes.



Public Question Time - Questions may be disallowed (Clause 60.2) The submitter is of the view that this clause should be deleted from the Local Law.

As previously indicated, Clause 60.2 of the MPLL17 is consistent with the current MPLL with no changes proposed.

The restrictions on public questions in Clause 60.2 were introduced following consideration by Council of both officer reports and submissions from the community (Reports and minutes for the Council meetings on 22 September 2014, 11 December 2014, 23 March 2015 and 27 April 2015 are available on Council's website).


The main resource implication associated with responding to public questions at Council meetings arises from the diversion of staff away from existing priorities at short notice to conduct investigations and prepare responses to questions being asked at Public Question Time (PQT).

Of course, Council could manage this impact by simply taking questions "on notice". This would however, be inconsistent with the premise of PQT being an opportunity for questions to be asked and answered 'on the public record'.

Requiring questions to have been previously raised with a councillor or member of Council staff, instead encourages questioners to engage with Council or the administration before the question is submitted to PQT. A response can then be prepared having regard to the priority of the question and the requirements of the Council's Customer Service Charter.


It is additionally noted that since the introducing the annual restriction on the number of questions any one person could ask during each calendar year only one person has reached the 11 question limit.

Therefore officers are of the view that Clause 60.2 strikes a reasonable balance between managing the business of Council and the opportunity to ask questions at PQT. Importantly, while Clause 60.2 may delay the opportunity to ask questions, it does not prohibit any question being asked, and contributes to transparency by ensuring that questions asked at PQT receive considered responses.



Submitter Summary of Issue(s) ResponseTerenceStaunton

Public Question Time - Questions may be disallowed (Clause 60.1.14)The submitter believes this clause should be deleted

As previously indicated, questions submitted for Public Question Time (PQT) are often provided at short notice, typically on the day of the meeting. Providing a comprehensive answer for the public record at the meeting often requires the immediate allocation of Council resources without regard to the urgency of the question asked. Conversely, questions submitted through Council's routine correspondence processes are managed according to Council's Customer Servicer Charter and enable officers to appropriately prioritise resources, usually over 10 working days to provide a written response.



It should be noted that Clause 60.1.14 does not mean councillors are unaware of the question asked or that a response is not provided. While Clause 60.1.14 may delay the opportunity to ask questions at PQT, disallowed questions are routinely circulated to councillors and referred to officers to provide a written response. Following receipt of a written response, questions may be re-submitted to PQT at a future Council meeting and having been previously asked and answered could be expected to receive a response at a future meeting.

Public Question Time - Questions may be disallowed (Clause 60.2) The submitter is of the view that this clause should be deleted from the Local Law.

As previously indicated, Clause 60.2 of the MPLL17 is consistent with the current MPLL with no changes proposed.

The restrictions on public questions in Clause 60.2 were introduced following consideration by Council of both officer reports and submissions from the community (Reports and minutes for the Council meetings on 22 September 2014, 11 December 2014, 23 March 2015 and 27 April 2015 are available on Council's website).


The main resource implication associated with responding to public questions at Council meetings arises from the diversion of staff away from existing priorities at short notice to conduct investigations and prepare responses to questions being asked at Public Question Time (PQT).



Council could manage this impact by simply taking questions "on notice". This would however, be inconsistent with the premise of PQT being an opportunity for questions to be asked and answered 'on the public record'.

Requiring questions to have been previously raised with a councillor or member of Council staff, instead encourages questioners to engage with Council or the administration before the question is submitted to PQT. A response can then be prepared having regard to the priority of the question and the requirements of the Council's Customer Service Charter.


It is additionally noted that since the introducing the annual restriction on the number of questions any one person could ask during each calendar year only one person has reached the 11 question limit.

Therefore officers are of the view that Clause 60.2 strikes a reasonable balance between managing the business of Council and the opportunity to ask questions at PQT. Importantly, while Clause 60.2 may delay the opportunity to ask questions, it does not prohibit any question being asked, and contributes to transparency by ensuring that questions asked at PQT receive considered responses.

The submitter has suggested that “on some regular basis (say three monthly) for rate payers to be able to ask any questions they like” without restrictions. “The questions could be restricted to a time limit (say a couple of minutes)”

As previously indicated, there are many opportunities for the community to express their views to councillors about a variety of subjects whether that be in response to specific community engagement about policy, strategy or plans or projects like the Boroondara Community Plan which has reached more than 7,000 people to date.

Council also has the Boroondara Community Voice and ward meetings where the councillor initiates this option.



Investigation into the transparency of local government decision making

December 2016

Attachment 3



148 www.ombudsman.vic.gov.au

Recommendations

To the Government/Local Government Victoria:

Recommendation 1In its review of the Local Government Act, ensure that the following are reflected in primary legislation or regulations:

requirements for the closure of meetings, including:

a public interest test similar to that in section 10B of the Local Government Act 1993 (NSW)

the removal of any ‘catchall’ provision for meeting closures from section 89(2)

a requirement for more detailed reasons in relation to the closure of meetings to be specified in the minutes, similar to the requirements in section 90 of the Local Government Act 1999 (SA)

a requirement for councils to include a ‘sunset’ provision in relation to all items discussed in closed meetings, which specifies a date or event after which the information will no longer be confidential without a further resolution of council

that embarrassment to, or potential adverse criticism of, council are irrelevant considerations in deciding whether to close a meeting to the public, similar to that in section 10B of the Local Government Act 1993 (NSW) or section 90 of the Local Government Act 1999 (SA).

appropriate conflict of interest requirements to extend to members of advisory committees

a requirement for councils to maintain an up to date list of advisory committees, special committees and members of those committees on their website.

Recommendation 2Ensure that the following areas are covered, as a minimum, in guidance for all councils:

agendas being made available to the public at least five days before a council meeting

reporting on the exercise of delegations

use of notices of motion

recording of public questions and answers at council meetings in minutes, or through audio or audio-visual recording and publication

councillor briefing sessions

en bloc voting should only occur in clearly defined circumstances including:

en bloc voting should not be used to decide planning matters or other matters where the interests of third parties are involved

every resolution made at a council meeting, including a resolution to pass a number of matters en bloc should be clearly recorded in the minutes of the meeting.

audio recording wherever practicable of both open and closed council meetings, and posting of audio recordings of open meetings on council websites.



149

Recommendation 3Amend the Freedom of Information Act 1982 to ensure documents relating to closed meetings are not classified as ‘exempt documents’, in order to encourage consideration of the contents of individual documents on a case by case basis.

Recommendation 4Develop and implement:

a uniform Code of Councillor Conduct for all Victorian councils setting out the minimum requirements

a mandatory training program based on the Code of Councillor Conduct for all Victorian councillors.

Recommendation 5Review the LGPRF transparency measure in light of the information contained in this report.

To councils:

Recommendation 6any council which has not done so in the last three years:

review their governance and meeting procedure local laws to ensure consistency with the requirements of the Local Government Act

review their special committees to determine their level of compliance with the requirements of the Local Government Act and whether the special committee structure is fit for the committee’s purpose.

maintain an up to date special committee page on their website listing all special committees, with links to their delegations, meeting notices, minutes of meetings and any other relevant materials.

recommendations



DRAFT Meeting Procedure Local Law 2017 Page 1 of 40

CITY OF BOROONDARA

MEETING PROCEDURE LOCAL LAW 2017

DRAFT

Date Resolved By Council

Commencement Date: 7 April 2017

Revocation Date: 7 April 2027

Responsible Directorate: Chief Executive Office

Attachment 4




TABLE OF CONTENTS

PART A - INTRODUCTION ..................................................................................................... 5

1. Title ................................................................................................................ 52. Purpose of this Local Law .............................................................................. 53. Authorising Provision ..................................................................................... 54. Commencement and End Dates .................................................................... 55. Revocation of Meeting Procedure Local Law ................................................ 56. Definitions and Notes ..................................................................................... 6

PART B - SWEARING IN OF COUNCILLORS AND ELECTION OF MAYOR ....................... 7

7. Swearing in of Councillors ............................................................................. 78. Election of Mayor ........................................................................................... 79. Determining the election of the Mayor ........................................................... 8

PART C - COUNCIL’S COMMON SEAL ................................................................................ 9

10. Council’s Common Seal................................................................................. 9

PART D - MEETINGS PROCEDURE ................................................................................... 10

DIVISION 1 – Notices of Meetings and Delivery of Agendas ............................................ 1011. Dates and Times of Meetings ...................................................................... 1012. Council May Alter Ordinary Meeting Dates .................................................. 1013. Special Meetings ......................................................................................... 1014. Notice Of Meeting ........................................................................................ 1015. Leave Of Absence and Agenda ................................................................... 11

DIVISION 2 – Quorums ......................................................................................................... 1116. Ordinary Meetings ....................................................................................... 1117. Special Meetings ......................................................................................... 1118. Inability To Gain A Quorum.......................................................................... 1119. Inability to Maintain A Quorum ..................................................................... 1120. Inability To Achieve Or Maintain A Quorum Due To Disclosure of Conflicts of

Interest Of Councillors ................................................................................. 1221. Notice Of Adjourned Meeting ....................................................................... 1222. Time limits for Meetings ............................................................................... 12

DIVISION 3 – Business of Meetings .................................................................................... 1323. The Order Of Business ................................................................................ 1324. Change To Order Of Business..................................................................... 1325. Urgent Business .......................................................................................... 1326. General Business ........................................................................................ 13

DIVISION 4 – Motions and Debate ...................................................................................... 1427. Councillors May Put Up Notices Of Motion .................................................. 1428. Notice Of Motion .......................................................................................... 1429. Chairperson’s Duty ...................................................................................... 1530. Clarifying a Motion ....................................................................................... 1531. Moving A Motion or an Amendment ............................................................. 1532. Right Of Reply ............................................................................................. 1633. Moving An Amendment................................................................................ 1634. Who May Propose An Amendment .............................................................. 1635. How Many Amendments May Be Proposed ................................................ 1636. An Amendment Once Carried ...................................................................... 16




37. Withdrawal Of Motions ................................................................................. 1638. Separation Of Motions ................................................................................. 1739. Chairperson May Separate Motions ............................................................ 1740. Priority of address ........................................................................................ 1741. Motions In Writing ........................................................................................ 1742. Repetitious Motions and/or Amendments .................................................... 1743. Debate Must Be Relevant To The Question ................................................ 1744. Speaking Times ........................................................................................... 1745. Addressing the Meeting ............................................................................... 1846. Foreshadowing Motions ............................................................................... 18

DIVISION 5 – Procedural Motions ....................................................................................... 1847. Procedural Motions ...................................................................................... 18

DIVISION 6 – Rescission Motions ....................................................................................... 2548. Rescission Motion ........................................................................................ 2549. If Lost ........................................................................................................... 2550. If Not Moved ................................................................................................ 2551. May Be Moved By Any Councillor................................................................ 2552. When Not Required ..................................................................................... 25

DIVISION 7 – Points Of Order .............................................................................................. 2653. Chairperson To Decide ................................................................................ 2654. Chairperson May Adjourn To Consider ........................................................ 2655. Dissent From Chairperson’s Ruling ............................................................. 2656. Procedure For Point Of Order ...................................................................... 2657. Valid Points Of Order ................................................................................... 2658. Contradiction Or Opinion ............................................................................. 26

DIVISION 8 – Public Question Time .................................................................................... 2759. Submission of Questions ............................................................................. 2760. Questions may be disallowed ...................................................................... 2861. Procedures for Question Time ..................................................................... 29

DIVISION 9 – Petitions and Joint Letters ........................................................................... 3062. Petitions and Joint Letters ........................................................................... 30

DIVISION 10 – Deputations .................................................................................................. 3163. Deputation to be referred to Mayor .............................................................. 3164. Consideration of Request ............................................................................ 3165. Notification of Hearing ................................................................................. 3166. Summary of Submissions ............................................................................ 3167. Limitations upon Speakers .......................................................................... 3168. Questions but no discussion permitted ........................................................ 3169. Matter to be Determined upon a subsequent meeting ................................. 31

DIVISION 11 – Public Submissions Under the Local Government Act 1989 .................. 3270. Public Submissions under Section 223 of the Act ....................................... 32

DIVISION 12 - Voting ............................................................................................................ 3271. How Motion Determined .............................................................................. 3272. Casting Vote ................................................................................................ 3273. By Show Of Hands ...................................................................................... 3274. Procedure For A Division ............................................................................. 3275. No Discussion Once Declared.....................................................................33

DIVISION 13 – Minutes ......................................................................................................... 3376. Confirmation of Minutes ............................................................................... 3377. Deferral Of Confirmation Of Minutes ............................................................ 3478. Recording Of Proceedings ........................................................................... 34




DIVISION 14 - Behaviour ...................................................................................................... 3579. Public Addressing The Meeting ................................................................... 3580. Offences ...................................................................................................... 3581. Chairperson may adjourn disorderly meeting .............................................. 3582. Suspensions ................................................................................................ 3583. Removal from Chamber ............................................................................... 36

DIVISION 15 – Additional Duties of Chairperson .............................................................. 3684. The Chairperson’s Duties And Discretions .................................................. 36

DIVISION 16 – Suspension of Standing Orders ................................................................. 3685. Suspension of Standing Orders ................................................................... 3686. Procedure not provided in Local Law........................................................... 37

DIVISION 17 – Miscellaneous .............................................................................................. 3787. Criticism of members of Council staff .......................................................... 37

DIVISION 18 - Special Committees ..................................................................................... 3788. Application Generally ................................................................................... 3789. Application Specifically ................................................................................ 3890. Public Submissions/Presentations ............................................................... 38




PART A - INTRODUCTION

1. Title

This Local Law will be known as the City of Boroondara, "Meeting Procedure Local Law 2017".

2. Purpose of this Local Law

The purpose of this Local Law is to:

2.1 provide for the election of the Mayor;

2.2 regulate the use of the common seal;

2.3 prohibit unauthorised use of the common seal or any device resembling the common seal; and

2.4 provide for the procedures governing the conduct of Council meetings and Special Committee Meetings.

3. Authorising Provision

This Local Law is made under section 111(1) of the Local Government Act 1989.

4. Commencement and End Dates

This Local Law:

4.1 commences on 7 April 2017 and operates throughout the municipal district;and

4.2 ends on the 10th anniversary of the day on which it commenced operation, unless revoked earlier by Council.

5. Revocation of Meeting Procedure Local Law

On the commencement of this Local Law, Council’s:

5.1 Meeting Procedure Local Law adopted by Council on 26 March 2007; and

5.2 Meeting Procedure (Amendments 2011) Local Law, adopted by Council on 25 July 2011; and:

5.3 Meeting Procedure (Further Amendments 2014) Local Law adopted by Council on 24 March 2014; and

5.4 Meeting Procedure (Additional Amendments 2014) Local Law adopted by Council on 27 April 2015;

are revoked.




6. Definitions and Notes

6.1 In this Local Law:

"Act" means the Local Government Act 1989;

"Advisory Committee" means an advisory committee established by Council under section 86(1) of the Act;

"agenda" means the notice of a meeting setting out the business to be transacted at the meeting and includes a revised agenda;

"authorised officer" means a member of Council staff who is authorised by Council to carry out specific functions under this Local Law;

"Chairperson" means the Chairperson of a meeting and includes an acting, a temporary and a substitute Chairperson;

"Chief Executive Officer" means the Chief Executive Officer of Council or the person acting in or performing the position Chief Executive Officer;

"common seal" means the common seal of Council;

"Council" means Boroondara City Council;

"Council meeting" includes a meeting at which the Mayor is elected, an Ordinary meeting and a Special meeting;

“General Business” means business of a minor or routine nature;

"majority of the votes" means the votes cast by a majority of the Councillors or members of the Special Committee present at a meeting at the time the vote is taken;

"Mayor" means the Mayor of Council;

"minute book" means the collective record of proceedings of Council;

"municipal district" means the municipal district of Council;

"notice of motion" means a notice setting out the text of a motion, which it is proposed to move at the next relevant meeting;

"notice of rescission" means a notice of motion to rescind a resolution made by Council;

"offence" means an act or default contrary to this Local Law;

"Ordinary meeting" means any meeting of Council which is not a Specialmeeting;

"penalty units" mean penalty units as prescribed in the Sentencing Act 1992;




"Repetitious motion" means (a) a motion moved that is to the same effect, even if it is in a different form, as a motion (with or without amendment) that has been rejected by Council at the same meeting; or

(b) a motion that substantially covers the same ground as a motion or amendment already dealt with by Council at the same meeting.

"Special Committee" means a special committee established by Councilunder section 86 of the Act;

"Special meeting" means a Special meeting of Council convened and held in accordance with section 84 of the Act;

“Urgent Business” means a matter that relates to or arises out of a matter which has arisen since distribution of the agenda and cannot safely or conveniently be deferred until the next Ordinary meeting or SpecialCommittee meeting;

"visitor" means any person (other than a Councillor, member of a Special Committee, or member of Council staff) who is in attendance at a Councilmeeting or a Special Committee meeting; and

"written" includes duplicated, lithographed, photocopied, printed and typed.

6.2 Introductions to Parts, headings and notes are explanatory notes and do not form part of this Local Law. They are provided to assist understanding.

PART B - SWEARING IN OF COUNCILLORS AND ELECTION OF MAYOR

Introduction: This Part is concerned with the swearing in of Councillors after a general election and the annual election of the Mayor.

7. Swearing in of Councillors

7.1 The Chief Executive Officer must open the first Special meeting called after a general election pursuant to the Act and may then preside over the meeting.

7.2 Once all Councillors present are sworn in, the meeting may elect a temporary Chairperson.

8. Election of Mayor

The Chief Executive Officer must facilitate the election of the Mayor in accordance with the provisions of the Act and this Local Law.




9. Determining the election of the Mayor

9.1 The Chief Executive Officer must open the meeting at which the Mayor is to be elected, and preside until the meeting elects a temporary Chairperson.

9.2 The process for the election of the Mayor is as follows::

9.2.1 the temporary Chairperson must invite nominations for the office of Mayor (each of which must be seconded).

9.2.2 If there is only one (1) nomination pursuant to clause 9.2.1, the candidate nominated is deemed to be elected;

9.2.3 if there is more than one (1) nomination pursuant to clause 9.2.1, a vote must be taken to elect one (1) of the candidates;

9.2.3.1 in the event of a candidate receiving a majority of the votes, that candidate is declared to have been elected;

9.2.3.2 in the event that no candidate receives a majority of the votes, the candidate with the fewest number of votes is declared to be a defeated candidate. A further vote will then be taken for the remaining candidates;

9.2.3.3 if one (1) of the remaining candidates receives a majority of the votes, he or she is duly elected. If none of the remaining candidates receives a majority of the votes, the process of declaring the candidates with the fewest number of votes a defeated candidate and voting for the remaining candidates must be repeated until one (1) of the candidates receives a majority of the votes. That candidate must then be declared to have been duly elected;

9.2.3.4 in the event of two (2) or more candidates having an equality of votes and one (1) of them having to be declared a defeated candidate, the declaration will be determined by lot.

9.2.4 All votes taken pursuant to section 9.2.3 must be by show of hands.

9.2.5 if a lot is conducted pursuant to clause 9.2.3.4, the Chief Executive Officer will have the conduct of the lot and the following provisions will apply:

9.2.5.1 each candidate will draw one (1) lot;

9.2.5.2 the order of drawing lots will be determined by the alphabetical order of the surnames of the Councillors who received an equal number of votes except that if two (2) or more such Councillors’ surnames are identical, the order will be determined by the alphabetical order of the Councillors’ first names; and




9.2.5.3 as many identical pieces of paper as there are Councillors who received an equal number of votes must be placed in a receptacle. The word "Defeated" shall be written on one (1) of the pieces of paper, and the Councillor who draws the paper with the word "Defeated" written on it must be declared the defeated candidate (in which event a further vote may be taken on the remaining candidates if required).

9.3 After the election of the Mayor is determined, the Mayor must take the Chair and preside over the meeting pursuant to this Local Law.

PART C - COUNCIL’S COMMON SEAL

Introduction: The common seal is a device which formally and solemnly records the collective will of Council. The provisions in this Part are designed to protect the integrity of the common seal, and describe when it may be affixed to a document.

10. Council’s Common Seal

10.1 The Chief Executive Officer must ensure the security of Council’s common seal at all times.

10.2 The common seal may only be used with the authority of the Council or the Chief Executive Officer exercising a relevant delegation.

10.3 Unless Council resolves otherwise, the affixing of Council’s common sealto any document must be attested to by the signatures of both:

10.3.1 the Mayor and the Chief Executive Officer; or

10.3.2 in the absence of the Mayor, by one Councillor and the ChiefExecutive Officer.

10.4 A person must not use the common seal or any device resembling the common seal without the authority of Council or the Chief Executive Officer.

Penalty: 5 penalty units




PART D - MEETINGS PROCEDURE

Introduction: This Part is divided into a number of Divisions. Each Division addresses a distinct aspect of the holding of a meeting. Collectively, the Divisions describe how and when a meeting is convened, when and how business may be transacted at a meeting and the particular circumstances of Special Committee meetings.

DIVISION 1 – Notices of Meetings and Delivery of Agendas

11. Dates and Times of Meetings

11.1 Council must from time to time fix the date, time and place of all Ordinarymeetings.

11.2 Council may from time to time fix the date, time and place of SpecialCommittee meetings.

12. Council May Alter Ordinary Meeting Dates

Council or the Chief Executive Officer may change the date, time and place of any Ordinary meeting which has been fixed and must provide reasonable notice of the change to the public.

13. Special Meetings

13.1 The Mayor or at least three (3) Councillors may by a written notice call a Special meeting.

13.2 The notice must specify the date and time of the Special meeting and the business to be transacted.

13.3 The Chief Executive Officer must convene the Special meeting as specified in the notice.

13.4 Unless all Councillors are present and unanimously agree to deal with any other matter, only the business specified in the notice is to be transacted.

13.5 Subject to any resolution providing otherwise, the order of business of any Special meeting must be the order in which such business stands in the agenda for the meeting.

14. Notice Of Meeting

14.1 A notice of meeting, incorporating or accompanied by an agenda of the business to be dealt with, must be delivered (whether personally, by facsimile, email or otherwise) or made available electronically to every Councillor for all Ordinary and Special meetings at least 48 hours before the meeting.

14.2 Subject to any resolution of Council, the Chief Executive Officer will determine the method of delivery to be used under clause 14.1.




14.3 Notice to the public of each Ordinary and Special meeting must be provided in accordance with the Act. In addition, Council may also from time to time, publish:

14.3.1 a schedule of meetings fixed pursuant to this Division annually in a newspaper and/or on Council's website.

14.3.2 details of meetings fixed pursuant to this Division in a newspaper and/or on Council's website at any other time considered by the Chief Executive Officer to be appropriate.

15. Leave Of Absence and Agenda

It is unnecessary for a notice of meeting or agenda to be delivered to any Councillor who has been granted leave of absence, unless the Councillor has requested the Chief Executive Officer in writing to continue to give notice of any meeting to be held during the period of his or her absence.

DIVISION 2 – Quorums

16. Ordinary Meetings

The quorum for Ordinary meetings is the presence of a majority of the Councillors.

17. Special Meetings

The quorum for Special meetings is the presence of a majority of the Councillors.

18. Inability To Gain A Quorum

If:

18.1 After 30 minutes from the scheduled starting time of any Council meeting a quorum cannot be obtained, those Councillors present, or if there are no Councillors present, the Chief Executive Officer, or, in the absence of the Chief Executive Officer, an authorised officer, may adjourn the meeting for a period not exceeding fourteen (14) days from the date of the adjournment;

18.2 A Council meeting to which clause 18.1 applies is not adjourned, the meeting shall be deemed to have lapsed; and

18.3 A Council meeting lapses according to clause 18.2 the business of the meeting shall be considered for inclusion on the agenda of a future Councilmeeting in accordance with clause 23.

19. Inability to Maintain A Quorum

If:

19.1 A quorum is lost during any Council meeting, and a quorum cannot be regained within 10 minutes, the meeting:

19.1.1 may be adjourned by those Councillors present, or in the absence of any Councillors, the Chief Executive Officer, or, in the absence of the Chief Executive Officer, an authorised officer, for a specified period not exceeding fourteen (14) days; or




19.1.2 shall, in the event of no adjournment under clause 19.1.1, be deemed to have lapsed;

19.2 A quorum is lost during any adjournment of a Council meeting and a quorum cannot be obtained within the time specified in the adjournment motion, or if no time was specified, within 30 minutes of the quorum being lost, the meeting:

19.2.1 may be adjourned by those Councillors present, or in the absence of any Councillors, the Chief Executive Officer, or, in the absence of the Chief Executive Officer, an authorised officer, for a specified period not exceeding fourteen (14) days; or

19.2.2 shall, in the event of no adjournment under clause 19.2.1, be deemed to have lapsed; and

19.3 If a Council meeting lapses according to clause 19.1.219.1.119.1.1 or 19.2.2:

19.3.1 any motion or amendment which has been moved but not resolved in accordance with Division 4, shall be deemed to have been adjourned indefinitely in accordance with clause 47;

19.3.2 any other unresolved matters shall be considered for inclusion on the agenda of a future Ordinary meeting or Special meeting in accordance with clause 23; and

19.3.3 the business transacted to that point in the meeting where a quorum was lost, shall remain validly transacted.

20. Inability To Achieve Or Maintain A Quorum Due To Disclosure of Conflicts of Interest Of Councillors

If a quorum cannot be achieved or maintained due to the disclosure of conflicts of interest by the majority of Councillors, the Chief Executive Officer, or, in his or her absence, an authorised officer, may adjourn the item for a length of time sufficient to enable dispensation for the affected Councillors to be obtained from the Minister administering the Act.

21. Notice Of Adjourned Meeting

The Chief Executive Officer must make reasonable attempts to give notice to all Councillors and members of the public, of any Council meeting adjourned under clause 18, 19 or 20.

22. Time limits for Meetings

A Council meeting must not continue after 11.00 pm unless a majority of Councillors present vote in favour of its continuance pursuant to clause 47.




DIVISION 3 – Business of Meetings

23. The Order Of Business

The order of business is to be determined by the Chief Executive Officer so as to facilitate and maintain open, efficient and effective processes of government. In setting the order of business the Chief Executive Officer should have regard to:

23.1 the expected duration of the meeting;

23.2 potential implications for subsequent meetings or events;

23.3 the sensitivity of any particular item;

23.4 the anticipated community interest in any particular item;

23.5 where practicable, feedback from the Mayor or Committee Chairperson;

23.6 the urgency of any particular item; and

23.7 any other relevant factor which may impact on the processes and good governance of the Council.

24. Change To Order Of Business

Once an agenda has been sent to Councillors, the order of business for that meeting may be altered:

24.1 prior to the meeting by the Chief Executive Officer by issuing a revised agenda in accordance with clause 23; or

24.2 by resolution, or with the consent of Council at the meeting.

25. Urgent Business

If the agenda for an Ordinary meeting or Special Committee meeting makesprovision for Urgent Business, business must not be admitted as Urgent Businessunless:

25.1 Council resolves to admit the business; and

25.2 It relates to or arises out of a matter which has arisen since distribution of the agenda; and

25.3 It cannot safely or conveniently be deferred until the next Ordinary meeting or Special Committee meeting.

26. General Business

If the agenda for an Ordinary meeting makes provision for General Business,business of a minor or routine nature only should be admitted as General Business.Any motion dealing with a matter that is not minor or routine must not be accepted by the Chairperson and will be subject to the notice of motion provisions. Such motions can be referred to Urgent Business.




DIVISION 4 – Motions and Debate

27. Councillors May Put Up Notices Of Motion

Councillors may ensure that an issue is listed on an agenda by submitting a noticeof motion in accordance with clause 280.

28. Notice Of Motion

28.1 A notice of motion must be in writing and received by the Chief Executive Officer (whether personally, by facsimile, email or otherwise) by 12 noon on a business day not less than three days prior to the next Council meeting at which the notice of motion may be considered. If a notice of motion is received after that time, it must, unless withdrawn, be included in the agenda for the following Council meeting.

28.2 A notice of motion may be withdrawn by a request in writing received (whether personally, by facsimile, email or otherwise) prior to the publication of the agenda for which the notice of motion was intended. Otherwise, the item must be dealt with at a Council meeting.

28.3 The Chief Executive Officer must make reasonable attempts to give Councillors notice of any notice of motion at least 48 hours before the Council meeting at which the notice of motion is to be considered.

28.4 The Chief Executive Officer may reject any notice of motion which:

28.4.1 is vague or unclear in intention; and/or

28.4.2 may reasonably be considered to be defamatory or objectionable in language or nature; and/or

28.4.3 is outside the powers of Council.

28.5 If a notice of motion is rejected under clause 28.4, the Chief Executive Officer must:

28.5.1 give the Councillor who lodged it an opportunity to amend it prior to rejection, if it is practicable to do so; and

28.5.2 notify the Councillor who lodged it of the rejection and reasons for the rejection.

28.6 The full text of any such notice of motion must be included in the material accompanying the agenda.

28.7 The Chief Executive Officer must cause a signed copy of each notice of motion to be numbered, dated and entered in the notice of motion book in the order in which they were received.

28.8 Except by leave of Council, each notice of motion before any meeting must be considered in the order in which they were entered in the notice of motion book.

28.9 If a Councillor who has given a notice of motion is absent from the meeting or fails to move the motion when called upon by the Chairperson, any other Councillor may himself or herself move the motion.




28.10 If a notice of motion is not moved in accordance with clause 28.9, the notice of motion shall be deemed to have lapsed for want of a mover.

28.11 The Chief Executive Officer may provide a report to Council detailing the implications for Council and the community in respect of any notice of motion which has been submitted for inclusion on the agenda paper.

29. Chairperson’s Duty

Motions and amendments:

29.1 must relate to the powers or functions of Council, be clear and unambiguous and may not reasonably be considered to be defamatory or objectionable in language or nature.

29.2 except in the case of General Business or Urgent Business, must be relevant to an item of business on the agenda.

29.3 which do not conform to this or any other clause may be refused by the Chairperson.

30. Clarifying a Motion

30.1 Before a notice of motion or other motion which has been foreshadowed is moved, a Councillor may, with the leave of the Chairperson, ask for clarification from the Chairperson or Councillor expected to move the notice of motion or other motion of:

30.1.1 the intent; or

30.1.2 some other aspect

of such notice of motion or other motion.

30.2 The Chairperson may request the person taking the minutes of the meeting to read the motion or amendment to the meeting before the vote is taken.

31. Moving A Motion or an Amendment

The procedure for moving any motion or amendment is:

31.1 the mover must state the motion without speaking to it;

31.2 the motion must be seconded and the seconder must be a Councillor other than the mover; if a motion is not seconded, the motion lapses for want of a seconder;

31.3 if a motion or an amendment is moved the Chairperson must ask:

"Is the motion or amendment opposed?"

31.4 if no Councillor indicates opposition, the Chairperson may give the mover of the motion or amendment or any Councillor with a special interest in the matter the opportunity to speak before declaring the motion or amendment carried;

31.5 if a Councillor indicates opposition, then the Chairperson must call on the mover to address the meeting;




31.6 after the mover has addressed the meeting, the seconder may address the meeting;

31.7 after the seconder has addressed the meeting (or after the mover has addressed the meeting if the seconder does not address the meeting), the Chairperson must call on any Councillor who wishes to speak to the motion (including, at the Chairperson's discretion, the seconder) if the Councillor has not previously spoken; and

31.8 if no Councillor speaks to the motion, then the Chairperson must put the motion.

32. Right Of Reply

32.1 The mover of a motion, including an amendment, may, once debate has been exhausted, have a right of reply to matters raised during debate.

32.2 After the right of reply has been taken, the motion must immediately be put to the vote without any further discussion or debate.

33. Moving An Amendment

33.1 Subject to clause 33.2 a motion which has been moved and seconded may be amended by leaving out, inserting or adding words, which words must be relevant to the subject of the motion.

33.2 A motion to confirm a previous resolution of Council cannot be amended.

34. Who May Propose An Amendment

An amendment may be proposed or seconded by any Councillor, except the mover or seconder of the original motion.

35. How Many Amendments May Be Proposed

35.1 Any number of amendments may be proposed to a motion but only one (1) amendment may be accepted by the Chairperson at any one time.

35.2 No second or subsequent amendment, whether to the motion or an amendment of it, may be taken into consideration until the previous amendment has been dealt with.

36. An Amendment Once Carried

If the amendment is carried:

36.1 the motion as amended then becomes the motion before the meeting; and

36.2 the mover and seconder of the amendment are deemed to be the mover and seconder of the motion before the meeting.

37. Withdrawal Of Motions

37.1 Before any motion is put to the vote, it may be withdrawn with leave of Council.

37.2 If the majority of Councillors object to the withdrawal of the motion, it may not be withdrawn.




38. Separation Of Motions

Where a motion contains more than one (1) part, a Councillor may request the Chairperson to put the motion to the vote in separate parts.

39. Chairperson May Separate Motions

The Chairperson may decide to put any motion to the vote in several parts.

40. Priority of address

In the case of competition for the right to speak, the Chairperson must decide the order in which the Councillors concerned will be heard.

41. Motions In Writing

41.1 All motions, except procedural motions, should be in writing.

41.2 The Chairperson may suspend the meeting while the motion is being written or may request Council to defer the matter until the motion has been written, allowing the meeting to proceed uninterrupted.

42. Repetitious Motions and/or Amendments

42.1 The Chairperson must refuse to accept a motion which Council has resolved to be a Repetitious motion, pursuant to clause 47.

43. Debate Must Be Relevant To The Question

43.1 Debate must always be relevant to the question before the Chair, and, if not, the Chairperson must request the speaker to confine debate to the question.

43.2 If after being requested to confine debate to the question before the Chair, the speaker continues to debate irrelevant matters, the Chairperson may direct the speaker not to speak further in respect of the question then before the Chair.

43.3 A speaker to whom a direction has been given under clause 43.2 must comply with that direction.

44. Speaking Times

A Councillor must not speak longer than the time set out below, unless granted an extension by the Chairperson:

44.1 the mover of a motion or an amendment: 5 minutes and any other Councillor 3 minutes; and

44.2 the mover of a motion exercising a right of reply: 2 minutes.




45. Addressing the Meeting

If the Chairperson so determines:

45.1 any person addressing the Chair must refer to the Chairperson as:

45.1.1 Madam Mayor; or

45.1.2 Mr Mayor; or

45.1.3 Madam Chair; or

45.1.4 Mr Chair

as the case may be;

45.2 all Councillors, other than the Mayor, must be addressed as Cr (name).

45.3 all members of Council staff, must be addressed as Mr, Mrs, Ms, Dr or Prof (name) as appropriate or by their official title.

46. Foreshadowing Motions

46.1 At any time during debate a Councillor may foreshadow a motion so as to inform Council of his or her intention to move a motion at a later stage in the meeting, but this does not extend any special right to the foreshadowed motion.

46.2 A motion foreshadowed may be prefaced with a statement that in the event of a particular motion before the Chairperson being resolved in a certain way, a Councillor intends to move an alternative or additional motion.

46.3 A motion foreshadowed has no procedural standing and is merely a means to assist the flow of the meeting.

46.4 The Chief Executive Officer or person taking the minutes of the meeting would not be expected to record foreshadowed motions in the minutes until the foreshadowed motion is formally moved.

DIVISION 5 – Procedural Motions

47. Procedural Motions

47.1 Unless otherwise prohibited, a procedural motion may be moved at any time and must be dealt with immediately by the Chairperson.

47.2 Procedural motions require a seconder.

47.3 Procedural motions may only be moved and seconded by Councillors as specified in the Procedural Motion Table at the end of this Division.

47.4 Notwithstanding any other provision in this Local Law, procedural motions must be dealt with in accordance with the Procedural Motions Table at the end of this Division.




PROCEDURAL MOTIONS TABLE

Procedural Motion

Form Mover & Seconder

Matter in Respect of Which Motion May be Moved

When Motion Prohibited

Effect if Carried Effect if Lost DebatePermittedon Motion

1. Adjournment of debate to later hour and/or date

That this matter be adjourned to *am/pm and/or *date

Any Councillor Any matter (a) During the election of a Chairperson;(b) When another Councillor is speaking

Motion and amendments postponed to the stated time and/or date

Debate continues unaffected

Yes

2. Adjournment of debate indefinitely

That this matter be adjourned until further notice

Any Councillor Any matter except: (a) election of a Chairperson;(b) a matter in respect of which a call of the Council has been made for that meeting

(a) During the election of a Chairperson;(b) When another Councillor is speaking; (c) When the matter is one in respect of which a call of the Council has been made

Motion and any amendment postponed but may be resumed at any later meeting if on the agenda


Yes

3. The closure That the motion be now put

A Councillor who has not spoken to the motion or any amendment of it

Any matter During nominations for Chairperson

The Chairperson must call on the mover of the original motion or amendment in respect of which the closure motion is carried to reply to the debate on the original motion or amendment and then immediately put the original motion or amendment to the vote. No further debate on, or amendment to the original motion or amendment is permitted


No




Procedural Motion





4. Laying question on the table

That the question lie on the table

A Councillor who has not spoken to the motion or amendment of it

Any matter (a) During the election of a Chairperson;(b) During a meeting which is a call of the Council

Motion and amendments not further discussed or voted on until: (a) Council resolves to take the question from the table at the same meeting; (b) The matter is placed on an agenda and Council resolves to take the question from the table


No

5. Previous question

That the question be not now put


Any matter except: (a) election of a Chairperson;(b) a matter in respect of which a call of the Council has been made for that meeting

(a) During the election of a Chairperson;(b) When another Councillor is speaking; (c) When the matter is one in respect of which a call of the Council has been made; (d) When an amendment is before Council

(a) No vote or further discussion on the motion until it is placed on an agenda for a later meeting; (b) Proceed to next business

Motion (as amended up to that time) put immediately without further amendment or debate

Yes




Procedural Motion





6. Proceeding to next business

That the meeting proceed to the next businessNote: This Motion: (a) May not be amended (b) May not be debated; (c) Must be put to the vote as soon as seconded


Any matter except: (a) Election of a Chairperson;(b) A matter in respect of which a call of the Council has been made for that meeting

(a) During the election of a Chairperson;(b) When another Councillor is speaking; (c) When the matter is one in respect of which a call of the Council has been made

If carried in respect of: (a) An amendment - Council considers the motion without reference to the amendment: (b) A motion - no vote or further discussion on the motion until it is placed on an agenda for a later meeting


No

7. Repetitious motion

That the motion is a Repetitious motion


Any matter except:

(a) election of a Chairperson;

(b) a matter in respect of which a call of the Council has been made for that meeting

(a) During the election of a Chairperson;

(b) When another Councillor is speaking;

(c) When the matter is one in respect of which a call of the Council has been made;

(a) No vote or further discussion on the motion unless it is placed on an agenda for a later meeting;

(b) Proceed to next business


Yes




Procedural Motion





8. Dissent from theChairperson'sruling

That the Chairperson's ruling be dissented from.

Any Councillor

1. Once moved and seconded, the Chairpersonmust leave the Chair and a temporaryChairpersonelected.

2. The temporary Chairperson must invite the mover to state the reasons for his or her dissent and the Chairperson may then reply.

3. The motion must then be put.

Any ruling made by the Chairperson.

If carried, the Chairperson must resume the Chair, reverse his or her previous ruling and proceed.

The motion is in no way a motion of censure or non- confidence, and should not be so regarded

If lost, the Chairpersonresumes the Chair and the meeting proceeds.

No, other than that the mover may state the reasons for his or her dissent and the Chairperson may then reply

9. Suspension of standing orders

That standing orders be suspended

Any Councillor Any matter 1. The formalities of the meeting procedure are temporarily disposed of

2. No motion can be accepted by the Chairperson or lawfully be dealt until standing orders are resumed

The formalities of the meeting procedure remain in place

Yes




Procedural Motion





10. Resumption of standing orders

That standing orders be resumed

Any Councillor Any matter When standing orders have not been suspended

The formalities of the meeting procedure are reinstated

1. The formalities of the meeting procedure remain temporarilydisposed of.

2. No motion can be accepted by the Chairpersonor lawfully be dealt until standing orders are resumed

Yes

11. Close the meeting to the public

That the meeting be closed to the public in accordance with Section 89(2) of the Local Government Act 1989 to consider......because....

Any Councillor Any matter prescribed in Section 89(2) of the Local Government Act 1989

When the meeting is already closed to the public

The meeting is closed to the public

The meeting remains open to the public

Yes

12. Reopen the meeting to the public

That the meeting be reopened to the public

Any Councillor Any matter When the meeting is already open to the public

The meeting is opened to the public

The meeting remains closed to the public

Yes

13. Continuance of Meeting

That the meeting continue to #:##pm

Any Councillor Any matter The time limit specified in clause 22 is to be substituted with the time limit specified in the continuance motion

The meeting stands adjourned to a time, date and place to be then and there announced by the Chairperson

No




Procedural Motion





14. No recording of proceedings

That councilrevokes consent for the recording of the meeting

Any Councillor A decision to record, or consent to recording of proceedings under Clause 78

Consent to record proceedings is revoked

The meeting continuesunaffected

Yes




DIVISION 6 – Rescission Motions

48. Rescission Motion

48.1 A Councillor may propose a motion to rescind or to vary a previous resolution of Council by a notice of rescission.

48.2 A Councillor may propose a notice of rescission provided:

48.2.1 the resolution proposed to be rescinded has not been acted on; and

48.2.2 the notice of rescission is delivered to the Chief Executive Officer in accordance with clause 0 and sets out:

48.2.2.1 the resolution to be rescinded; and

48.2.2.2 the meeting and date when the resolution was carried.

48.3 The Chief Executive Officer or an appropriate member of Council staff may implement a resolution at any time after the close of the meeting at which it was made. A resolution will therefore be deemed to have been acted on if:

48.3.1 its contents have or substance has been formally communicated to a person whose interests are materially affected by it; or

48.3.2 a statutory process has been commenced;

so as to vest enforceable rights in or obligations on Council or any other person.

49. If Lost

If a notice of rescission is lost, a similar motion may not be put before Council for at least one (1) month from the date it was last lost, unless Council resolves that the notice of rescission be re-listed at a future meeting.

50. If Not Moved

If a notice of rescission is not moved at the meeting for which it is listed, it lapses.

51. May Be Moved By Any Councillor

A notice of rescission listed on an agenda may be moved by any Councillor present but may not be amended.

52. When Not Required

52.1 A motion for rescission is not required where Council wishes to change policy.



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DIVISION 7 – Points Of Order

53. Chairperson To Decide

The Chairperson must decide all points of order by stating the provision, rule, practice or precedent which he or she considers applicable to the point raised without entering into any discussion or comment.

54. Chairperson May Adjourn To Consider

54.1 The Chairperson may adjourn the meeting to consider a point of order but otherwise must rule on it as soon as it is raised.

54.2 All other questions before Council are suspended until the point of order is decided.

55. Dissent From Chairperson’s Ruling

55.1 A Councillor may move a motion of dissent from the Chairperson's ruling on a point of order.

56. Procedure For Point Of Order

A Councillor raising a point of order must:

56.1 state the point of order; and

56.2 state any section, clause, paragraph or provision relevant to the point of order.

57. Valid Points Of Order

A point of order may be raised in relation to:

57.1 a motion, which, under clause 29, or a question which, under clause 60, should not be accepted by the Chairperson;

57.2 a question of procedure;

57.3 a Councillor who is or appears to be out of order; or

57.4 any act of disorder.

58. Contradiction Or Opinion

A point of order may not be raised to express a mere difference of opinion or to contradict a speaker.



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DIVISION 8 – Public Question Time

59. Submission of Questions

59.1 Unless Council resolves to the contrary, there shall be a public question time at every Ordinary meeting to allow members of the public to submit questions to Council.

59.2 No person may submit:

59.2.1 60.2.1 more than two (2) questions at any one (1) Ordinarymeeting.

59.2.2 60.2.2 more than eleven (11) questions in any one calendar year.

59.3 As to the form of questions:

59.3.1 subject to clause 59.3.4, questions must be in writing and in English:

59.3.2 questions must be 75 words or less and not include a preamble, other additional material, or multiple parts;

59.3.3 questions should be submitted on the designated Public Question Time Form which is available:

59.3.3.1 during normal office hours at the Camberwell Offices at 8 Inglesby Road Camberwell; or

59.3.3.2 on Council's website.

59.3.4 considering the general rights of citizens to take part in the conduct of Council affairs, if providing a question in writing and or in English unreasonably prevents or hinders participation in public question time, assistance with submitting questions is available from Council, via interpreter service if required.

59.4 As to the deadline for questions:

59.4.1 questions should be received by Council by 12:00 noon on the day of the Ordinary meeting to receive a verbal response at the meeting;

59.4.2 questions not received by 12:00 noon on the day of the meeting will receive a verbal response if possible, but will otherwise be taken on notice for a written response to be provided.

59.4.3 questions must be submitted:

59.4.3.1 by mail to Council's advertised postal address; or

59.4.3.2 by email to Council's advertised email address; or



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59.4.3.3 in person during normal office hours at the Camberwell Offices at 8 Inglesby Road, Camberwell.

59.4.3.4 after normal office hours on the day of the meeting if submitted in person prior to the commencement of the Ordinary Council meeting in the receptacle designated for such purpose at 8 Inglesby Road, Camberwell.

60. Questions may be disallowed

60.1 Considering the general rights of citizens to take part in the conduct of Council affairs, a question may be disallowed by the Chairperson, if in the opinion of the Chairperson it:

60.1.1 is not submitted in accordance with this Division.

60.1.2 relates to a matter outside the duties, functions and powers of Council;

60.1.3 may reasonably be considered to be defamatory, indecent, abusive, offensive, irrelevant, trivial or objectionable in language or substance;

60.1.4 deals with a subject matter already answered at the Councilmeeting;

60.1.5 is aimed at embarrassing a Councillor or a member of Councilstaff;

60.1.6 relates to personnel matters;

60.1.7 relates to the personal hardship of any resident or ratepayer;

60.1.8 relates to industrial matters;

60.1.9 relates to contractual matters;

60.1.10 relates to proposed developments;

60.1.11 relates to legal advice;

60.1.12 relates to matters affecting the security of Council property; or

60.1.13 relates to any other matter which Council considers would prejudice Council or any person.

60.1.14 would require, on the advice of the Chief Executive Officer, an unreasonable diversion of Council resources to prepare a response for public question time.



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60.2 If a question is not disallowed under clause 60.1, the Chairperson may otherwise disallow a question if:

60.2.1 it does not relate to a matter or matters on the agenda for the current Ordinary meeting; and/or

60.2.2 before submitting a question for public question time the person asking the same has not previously:

60.2.2.1 put the question in writing to a Councillor or a member of Council staff; and

60.2.2.2 received a written response to the question from a Councillor or a member of Council staff

60.3 If a question is not disallowed under clauses 60.1or 60.20, the Chairpersonmay still disallow a question if:

60.3.1 the Chairperson may still disallow a question if, subject to clause 60.3.3, if the person asking the same is not in the gallery at the time it is due to be read;

60.3.2 the Chairperson may still disallow a question if, subject to clause 60.3.3, the person asking the question refuses to read the question when called upon by the Chairperson to do so; or

60.3.3 considering the general rights of citizens to take part in the conduct of Council affairs, if a person submitting a question is unable to attend the meeting, or read a question, because of a personal characteristic or attribute protected by law, such as (but not limited to) having a disability, their age or status as a carer, the Chairperson may, subject to clause 60.3.40 permit a representative to attend or read a question on their behalf;

60.3.4 provided always that the Chairperson shall not exercise his or her discretion to permit a representative in accordance with clause 60.3.3 on the ground of inconvenience alone.

60.4 Questions disallowed by the Chairperson shall be made available to any Councillor on request.

60.5 Questions may be disallowed by the Chairperson prior to the commencement of an Ordinary meeting.

61. Procedures for Question Time

61.1 Notwithstanding clauses 60.3.1 and 60.3.2, the Chairperson or member of Council staff nominated by the Chairperson may read a question to those present except that:

61.1.1 the Chairperson may advise Council that it is his or her opinion that the question should be read in a meeting closed to members of the public. The Councillor or member of Council staff must state



30


briefly the reason why the reply should be so given and, unless Council resolves to the contrary, the question must be so read;

61.2 The Chairperson may nominate a Councillor or member of Council staff to respond to a question except that:

61.2.1 a Councillor or member of Council staff may advise Council that it is his or her opinion that the reply to a question should be given in a meeting closed to members of the public. The Councillor or member of Council staff must state briefly the reason why the reply should be so given and, unless Council resolves to the contrary, the reply to such question must be so given;

61.2.2 before responding, a Councillor or member of Council staff may direct questions of clarification to the person submitting the question. All questions and answers must be as brief as possible, and no discussion may be allowed other than for the purposes of clarification;

61.2.3 A Councillor or member of Council staff nominated to respond to a question, may require that the question be put on notice until the next Ordinary meeting, at which time the question must be answered, or elect to submit a written answer to the person asking the question; and

61.2.4 a Councillor may direct questions of clarification to the Councillor or member of Council staff nominated to respond to a question. All questions and answers must be as brief as possible, and no discussion or debate may be allowed other than for the purposes of clarification.

DIVISION 9 – Petitions and Joint Letters

62. Petitions and Joint Letters

62.1 Unless Council determines to consider it as an item of Urgent Business, no motion (other than a motion to receive the same) may be made on any petition, joint letter, memorial or other like application until the next Ordinary meeting after that at which it has been presented.

62.2 It is incumbent on every Councillor presenting a petition or joint letter to acquaint himself or herself with the contents of that petition or joint letter, and to ascertain that it does not contain language disrespectful to Counciland that the contents do not violate any Local Law.

62.3 Every Councillor presenting a petition or joint letter to Council must write his or her name at the beginning of the petition or joint letter.

62.4 Every petition or joint letter presented to Council must be in writing (other than pencil), typing or printing, contain the request of the petitioners or signatories and be signed by at least 20 people.



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62.5 Every petition or joint letter must be signed by the persons whose names are appended to it by their names or marks, and, except in cases of incapacity or sickness, by no one else and the address of every petitioner or signatory must be clearly stated.

DIVISION 10 – Deputations

63. Deputation to be referred to Mayor

A deputation wishing to be heard by Council may make a written request to the Chief Executive Officer who must refer the request to the Mayor.

64. Consideration of Request

64.1 The Mayor may:

64.1.1 ask the Chief Executive Officer to include the deputation on the agenda for a future Council meeting; or

64.1.2 ask the Chief Executive Officer to include the request for a deputation on the agenda for a future Council meeting; or

64.1.3 in consultation with the Chief Executive Officer, decline the request.

65. Notification of Hearing

If the Mayor asks for a deputation to be heard, the Chief Executive Officer must notify all Councillors of that request, and also notify a member of the deputation of the date, time, and place of which the deputation will be heard.

66. Summary of Submissions

A deputation may lodge with the Chief Executive Officer, a written submission detailing the subject matter of the deputation prior to the deputation addressing Council.

67. Limitations upon Speakers

Council will not hear more than two (2) speakers on behalf of any deputation, and the Chairperson may set time limits on the length and address of each speaker.

68. Questions but no discussion permitted

Councillors and members of Council staff may question the deputation on matters raised by it for purposes of clarification but no discussion will be allowed.

69. Matter to be Determined upon a subsequent meeting

No motion must be allowed on any deputation until the next Ordinary meeting after the deputation has been heard unless Council, by resolution, decides otherwise.



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DIVISION 11 – Public Submissions Under the Local Government Act 1989

70. Public Submissions under Section 223 of the Act

Where a person is given a right to make a submission under section 223 of the Actand requests to appear in person (or to be represented by a person specified in the submission) at a Council meeting to be heard in support of the submission, the time limit for such hearing shall be 3 minutes, except that the Chairperson may allow the hearing to exceed 3 minutes.

DIVISION 12 - Voting

71. How Motion Determined

71.1 To determine a motion before a meeting, the Chairperson must:

71.1.1 first call for those in favour of the motion; and

71.1.2 then call for those opposed to the motion; and

71.1.3 if required, identify any Councillor who has abstained from voting,

and must then declare the result to the meeting.

72. Casting Vote

In the event that the number of votes in favour of a motion is half the number of Councillors present at the meeting at the time the vote is taken, the Chairpersonmust exercise the casting vote in accordance with the Act.

73. By Show Of Hands

73.1 Unless the Act requires, or Council resolves otherwise, voting on any matter is by show of hands.

73.2 Notwithstanding clause 73.1, voting at a meeting that is open to members of the public must not be in secret.

74. Procedure For A Division

74.1 Immediately after any question is put to a meeting and before the next item of business has commenced, a Councillor may call for a division.

74.2 When a division is called for, the vote already taken must be treated as a nullity and the division shall decide the question, motion or amendment.

74.3 When a division is called for, the Chairperson must:

74.3.1 first ask each Councillor wishing to vote in the affirmative to raise a hand and, upon such request being made, each Councillor wishing to vote in the affirmative must raise one (1) of his or her hands. The Chairperson must then state, and the Chief Executive Officer or any authorised officer must record, the names of those Councillors voting in the affirmative; and



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74.3.2 then ask each Councillor wishing to vote in the negative to raise a hand and, upon such request being made, each Councillor wishing to vote in the negative must raise one (1) of his or her hands. The Chairperson must then state, and the Chief Executive Officer or any authorised officer must record, the names of those Councillors voting in the negative; and

74.3.3 if required, then ask each Councillor wishing to abstain from voting to raise a hand and, upon such request being made, each Councillor wishing to abstain from voting must raise one (1) of his or her hands. The Chairperson must then state, and the ChiefExecutive Officer or any authorised officer must record, the names of those Councillors abstaining from voting

75. No Discussion Once Declared

Once a vote on a question has been taken no further discussion relating to the question is allowed unless the discussion is:

75.1 for a Councillor to request that his or her opposition to a resolution be recorded in the minutes or a register maintained for that purpose; or

75.2 on a notice of rescission, where a resolution has been rescinded.

DIVISION 13 – Minutes

76. Confirmation of Minutes

Where the agenda for a Council meeting includes provision for the adoption and confirmation of the minutes of the preceding meeting(s), those minutes must be dealt with as follows:

76.1 a copy of the minutes must be delivered or made available to each Councillor no later than 48 hours before the next meeting. This clause shall not apply in respect of Councillor who has been granted leave of absence pursuant to the Act and who has not requested the Chief Executive Officer,in writing, to continue to give notice of meetings to be held during the period of leave of absence;

76.2 if no Councillor indicates opposition, the minutes must be declared to be confirmed and no discussion or debate on the confirmation of minutes may be permitted;

76.3 if a Councillor indicates opposition to the minutes:

76.3.1 he or she must specify the item(s) to which he or she objects or in respect of which he or she is dissatisfied;

76.3.2 the objected item(s) may be considered separately and in the order in which they appear in the minutes;

76.3.3 the Councillor objecting must move a motion clearly setting out the alternative wording to amend the minutes without speaking to the motion; and



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76.3.4 the motion must then be open to debate and at the conclusion of debate, the Chairperson must put the motion to the vote;

76.4 a resolution of Council must confirm the minutes and the minutes must, if practicable, be signed by the Chairperson of the meeting at which they have been confirmed;

76.5 unless otherwise resolved or required by law, minutes of a SpecialCommittee requiring confirmation by Council must not be available to the public until confirmed by Council; and

77. Deferral Of Confirmation Of Minutes

Council may defer the confirmation of minutes until later in the meeting or until the next meeting as appropriate.

78. Recording Of Proceedings

78.1 Subject to any resolution of Council, the Chief Executive Officer (or other person authorised by the Chief Executive Officer) may record the proceedings of a Council meeting.

78.2 Subject to clause 78.1, a person must not operate photographic, audio or video recording equipment or any other recording device at any Councilmeeting without first obtaining the consent of the Chairperson. Such consent may at any time during the course of such meeting be revoked by the Chairperson or resolution of Council.

Penalty: 5 penalty units.

78.3 The Chief Executive Officer (or other person authorised by the ChiefExecutive Officer to attend the meeting and to take the minutes of such meeting) must keep minutes of each Council meeting, and those minutes must:

78.3.1 record the date, place, time and nature of the meeting;

78.3.2 record the names of the Councillors present;

78.3.3 record the names of the members of Council staff present;

78.3.4 record any disclosure of a conflict of interest made by a Councillor or member of Council staff;

78.3.5 record arrivals and departures (including temporary departures) of Councillors during the course of the meeting;

78.3.6 record each motion and amendment moved (including motions and amendments that lapse for the want of a seconder);

78.3.7 record the vote cast by each Councillor upon a division;

78.3.8 subject to clauses 72, 74, 75 and 78.3.7, not record the vote of any Councillor, unless that Councillor abstained from voting according to the Act.



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78.3.9 record questions read during public question time at any Ordinarymeeting; and

78.3.10 record the failure of a quorum.

DIVISION 14 - Behaviour

79. Public Addressing The Meeting

Any member of the public addressing Council must extend due courtesy and respect to Council and the processes under which it operates and must take direction from the Chairperson whenever called on to do so.

80. Offences

It is an offence for:

80.1 a Councillor to not withdraw an expression considered by the Chairpersonto be offensive or disorderly, and apologise when called on twice by the Chairperson to do so;


80.2 any person, not being a Councillor, who is guilty of any improper or disorderly conduct, to not leave the Chamber when requested by the Chairperson to do so;


80.3 any person to fail to comply with a direction of the Chairperson in relation to the conduct of the meeting and the maintenance of order;


80.4 a Councillor to refuse to leave the Chamber on suspension.


81. Chairperson may adjourn disorderly meeting

If the Chairperson is of the opinion that disorder at the Council table or in the gallery makes it desirable to adjourn the meeting, he or she may adjourn the meeting to a later time on the same day or to some later day as he or she thinks proper.

82. Suspensions

82.1 Council may suspend from a meeting any Councillor whose actions have disrupted the business of Council, and have impeded its orderly conduct.

82.2 The duration of any suspension under this clause shall be at Council'sdiscretion but shall not exceed the balance of the meeting.



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83. Removal from Chamber

83.1 The Chairperson may order the removal of any Councillor who has been suspended by Council in accordance with clause 82;

83.2 The Chairperson may order the removal of:

83.2.1 any person, excluding a Councillor who disrupts any meeting or fails to comply with a direction;

83.2.2 any person, excluding a Councillor who the Chairpersonreasonably believes has acted in breach of this Local Law; or

83.2.3 any person who the Chairperson reasonably believes has acted in breach of the Summary Offences Act 1966;

83.3 The Chairperson may issue a warning to any person before exercising the powers in clauses 83.2 and 83.4.

83.4 The Chairperson may ask any member of Council staff, security guard or member of the Victoria Police to cause the removal of any person who is the subject of an order under clause 83.1 or 83.2

DIVISION 15 – Additional Duties of Chairperson

84. The Chairperson’s Duties And Discretions

In addition to the duties and discretions provided in this Local Law, the Chairperson:

84.1 may not accept any motion, question or statement which:

84.1.1 may reasonably be considered to be defamatory, indecent, abusive, offensive, irrelevant, trivial or objectionable in language or substance;

84.1.2 relates to a matter outside the duties, functions and powers of Council;

84.1.3 is aimed at embarrassing a Councillor, a member of Council staff or member of the community;

84.2 must call to order any person who is disruptive or unruly during any meeting.

DIVISION 16 – Suspension of Standing Orders

85. Suspension of Standing Orders

85.1 The Chairperson or any Councillor may indicate a desire to suspend standing orders to expedite the business of a meeting. In which case:

85.1.1 the Chairperson may suspend standing orders with the support of the meeting; or

85.1.2 standing orders may be suspended by procedural motion.



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85.2 the suspension of standing orders should be used to enable full discussion of any issue without the constraints of formal meeting procedure.

85.3 the suspension of standing orders should not be used purely to dispense with the processes and protocol of the government of Council.

86. Procedure not provided in Local Law

In all cases not specifically provided for by this Local Law, resort must be had to the Standing Orders and Rules of Practice of the Upper House of the Victorian Parliament (so far as the same are capable of being applied to Councilproceedings).

DIVISION 17 – Miscellaneous

87. Criticism of members of Council staff

87.1 A member of Council staff may make a brief statement at a Councilmeeting in respect of any statement (whether made at a Council meeting or not) affecting him or her as a member of Council staff or any member of Council staff under his or her control.

87.2 A statement under clause 87.1 must be made at such time during the meeting at which the member of Council staff desires to bring it forward and as the Chairperson thinks appropriate.

DIVISION 18 - Special Committees

88. Application Generally

88.1 If Council establishes a Special Committee, all of the provisions of Divisions 1-17 of this Local Law shall apply with any necessary modifications or adaptations.

88.2 For the purposes of clause 88.1, a reference in Division 1-17 of this Local Law to:

88.2.1 a Council meeting is to be read as a reference to a meeting of the Special Committee;

88.2.2 a Councillor is to be read as a reference to a member of the Special Committee; and

88.2.3 the Mayor is to be read as a reference to the Chairperson of the Special Committee.



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89. Application Specifically

89.1 A reference to Council in clause 11.2 may be read as a reference to a meeting of the Special Committee;

89.2 Notwithstanding clauses 88 and 89.1, if Council establishes a SpecialCommittee:

89.2.1 Council may; or

89.2.2 the Special Committee may, with the approval of Council

resolve that any provision(s) of Divisions 1-17 is or are (as appropriate) not to apply, whereupon that provision or those provisions shall not apply until Council resolves, or the Special Committee with the approval of Councilresolves, otherwise.

90. Public Submissions/Presentations

90.1 At all Special Committee meetings, members of the public may be given an opportunity to make submissions/presentations to the Special Committeeon an agenda item relevant to the meeting. The following provisions will apply to such submissions/presentations:

90.1.1 Each submitter may only speak once to each agenda item, except at the discretion of the Chairperson.

90.1.2 Submitters must fill out the form designated by the Chief Executive Officer.

90.1.3 Information on the form must include:

(a) the name and address of the person requesting to discuss the agenda item; or in the case of a person representing a business, their name and ordinary business address;

(b) the relevant report number and/or report title;

(c) an indication of whether the submitter wishes to address the Special Committee meeting, have their submission/presentation read out by a member of Council staff or distributed to Councillors at the meeting; and

(d) an indication of whether the person supports the recommendation contained in the report.

90.1.4 The form must be lodged in the receptacle designated for such purpose prior to the time specified for the Special Committee meeting to commence.



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90.1.5 The Chairperson may:

90.1.5.1 Accept forms lodged after the commencement of the Special Committee meeting.

90.1.5.2 Seek clarification from a submitter regarding information provided on their form, at any time before, during or after the submitter has made their submission.

90.2 Submitters wishing to speak at a Special Committee meeting are only permitted to speak to their submission/presentation for the period prescribed by the Chairperson of that meeting.

90.3 In determining the period submitters will be permitted to speak, the Chairperson will have regard to the number of submissions/presentations and the number of speakers wishing to be heard.

90.4 Submitters not wishing to speak at a Special Committee meeting can request that their submission/presentation be read out at the meeting by a member of Council staff.

90.5 The Chairperson may refuse a request under clause 90.4 if the writtensubmission/presentation exceeds 200 words.

90.6 Considering the general rights of citizens to take part in the conduct of Council affairs, a submission/presentation at a Special Committee meeting may be disallowed by the Chairperson at any stage of the submission/presentation if:

90.6.1 it does not relate to an agenda item as published for that particular Special Committee meeting;

90.6.2 it deals with a particular aspect of the subject matter already addressed by a previous speaker;

90.6.3 it relates to a matter outside the duties, functions and powers of Council;

90.6.4 it may reasonably be considered to be defamatory, indecent, abusive, offensive, irrelevant, trivial or objectionable in language or substance;

90.6.5 it is aimed at embarrassing a Councillor, a member of the SpecialCommittee or a member of Council staff;

90.6.6 it relates to personnel matters or the personal hardship of any resident or ratepayer; or

90.6.7 it relates to any other matter the Chairperson considers would prejudice Council or any person.

90.6.8 the submitter has not lodged a form in accordance with clause 90.191.1.



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90.7 The Chairperson and/or councillors may seek clarification from any submitter on matters raised by the submitter.

90.8 In addition to any limits set out in this Division, the Chairperson of a Special Committee may set additional limits on the number of speakers to address a Special Committee meeting on any agenda item and the Chairperson may:

90.8.1 determine not to hear submitters or have all submissions/presentations read out by a member of Council staff;

90.8.2 determine to hear submitters and in doing so limit the number of submitters to address a Special Committee meeting on any agenda item by inviting a set number of submitters who are opposed to the Officer Recommendation (Against) and a set number of submitters who are in favour of the Officer Recommendation (For) to each speak for the period prescribed by the Chairperson of that meeting;

90.8.3 nominate one (1) spokesperson for the ‘For’ and one (1) spokesperson for the ‘Against’ who are each given an opportunity to speak for the period prescribed by the Chairperson of that meeting; and

90.8.4 if necessary, adjourn the meeting to enable the parties to nominate speakers.

90.8.5 If the submitters For and Against are unable to reach a consensus regarding a spokesperson for the purposes of clause 90.8.3 or who shall be nominated to speak for the purposes of clause 90.8.2, the names of the submitters may be drawn by ballot.

The Common Seal of the City of Boroondara was hereunto affixed in the presence of:

)))

......................................................................... Councillor

......................................................................... Chief Executive Officer



Documents

4 Meeting Procedure Local Law 2017 Abstract · 4 Meeting Procedure Local Law 2017 Abstract At the Council meeting on 12 December 2016, the Council resolved to commence the statutory