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ITEM COS03 REPORTS 15/09/14 N O R T H S Y D N E Y C O U N C I L R E P O R T S Report to General Manager Attachments: 1. Minutes 25 August 2014 2. Draft Deputy Mayor Policy (v2) SUBJECT: Legal and Planning Committee - 25 August 2014 AUTHOR: Ian Curry, Manager Governance and Committee Services ENDORSED BY: Ross McCreanor, Director Corporate Services EXECUTIVE SUMMARY: This report presents the recommendations of the last meeting of the Legal and Planning Committee held on 25 August 2014, for Council adoption. The minutes are attached for information. FINANCIAL IMPLICATIONS: Nil RECOMMENDATION: 1. THAT the Draft Deputy Mayor Policy be placed on public exhibition for 28 days, with the following amendment to clause 4.6(c): 4.6(c) In situations where Deputy Mayor is also unavailable, the General Manager be given delegated authority to ask another Councillor to represent the Council at the particular Mayoral civic and ceremonial function. 2. THAT should Council receive submissions, a further report be prepared for Council’s consideration. Should Council receive no submissions, Council consider the Draft Deputy Mayor Policy as adopted at the end of the closing period for submissions. 3. THAT the Councillor Workshop - Finance continue as an informal workshop. 4. THAT Council writes to the Minister for Transport, the Office of Local Government, and Local Government NSW seeking legislative amendments that would enable Council Rangers similar authority as NSW Police and Transport for NSW Inspectors with respect to illegal taxi ranking. 5. THAT the Current Appeals and Results - August 2014 report be received with the exception of Other Matters, to be deferred to the end of the meeting. 6. THAT the Current Appeals and Results - August 2014 (Other Matters) report be received, with the following further information to be provided to Councillors. Staff time/salary required to comply with the legal matters involving the Mayor and the Council, to reflect the true cost to Council. 7.THAT the Legal and Planning Committee recommend that Council censure the Mayor for causing significant expenditure to Council of $120,757 in legal costs and disbursements, plus unknown additional Council staff time.

NO RTH SYD N E Y COUN CI L R E POR T S · SUBJECT: Legal and Planning Committee - 25 August 2014 AUTHOR: Ian Curry, Manager Governance and Committee Services ENDORSED BY: Ross McCreanor,

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Page 1: NO RTH SYD N E Y COUN CI L R E POR T S · SUBJECT: Legal and Planning Committee - 25 August 2014 AUTHOR: Ian Curry, Manager Governance and Committee Services ENDORSED BY: Ross McCreanor,

  ITEM COS03 REPORTS 15/09/14  

N O R T H S Y D N E Y C O U N C I L R E P O R T S

 

Report to General Manager Attachments:

1. Minutes 25 August 2014 2. Draft Deputy Mayor Policy (v2)

SUBJECT: Legal and Planning Committee - 25 August 2014 AUTHOR: Ian Curry, Manager Governance and Committee Services ENDORSED BY: Ross McCreanor, Director Corporate Services EXECUTIVE SUMMARY: This report presents the recommendations of the last meeting of the Legal and Planning Committee held on 25 August 2014, for Council adoption. The minutes are attached for information. FINANCIAL IMPLICATIONS: Nil RECOMMENDATION: 1. THAT the Draft Deputy Mayor Policy be placed on public exhibition for 28 days, with the following amendment to clause 4.6(c):

4.6(c) In situations where Deputy Mayor is also unavailable, the General Manager be given delegated authority to ask another Councillor to represent the Council at the particular Mayoral civic and ceremonial function.

2. THAT should Council receive submissions, a further report be prepared for Council’s consideration. Should Council receive no submissions, Council consider the Draft Deputy Mayor Policy as adopted at the end of the closing period for submissions. 3. THAT the Councillor Workshop - Finance continue as an informal workshop. 4. THAT Council writes to the Minister for Transport, the Office of Local Government, and Local Government NSW seeking legislative amendments that would enable Council Rangers similar authority as NSW Police and Transport for NSW Inspectors with respect to illegal taxi ranking. 5. THAT the Current Appeals and Results - August 2014 report be received with the exception of Other Matters, to be deferred to the end of the meeting. 6. THAT the Current Appeals and Results - August 2014 (Other Matters) report be received, with the following further information to be provided to Councillors.

Staff time/salary required to comply with the legal matters involving the Mayor and the Council, to reflect the true cost to Council.

7.THAT the Legal and Planning Committee recommend that Council censure the Mayor for causing significant expenditure to Council of $120,757 in legal costs and disbursements, plus unknown additional Council staff time.

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Report of Ian Curry, Manager Governance and Committee Services Re: Legal and Planning Committee - 25 August 2014

(2)

8. THAT the grounds of censure include that the claim was ill-judged, designed to be antagonistic, not in the interests of residents and ratepayers, the allegations remain untested and a reasonable person may assume that the bringing of such actions was an abuse of the legal system for purely political purposes and that in bringing these actions, caused Council substantial financial and reputational cost and brought Council and local government generally into disrepute. 9. THAT Council renominate Councillors Reymond and Clare with Councillor Marchandeau nominated as an alternate, to represent North Sydney Council on the Joint Regional Planning Panel for a period of two years. 10. THAT the JRPP membership be reviewed in 12 months time. 11. THAT Council adopt the Grosvenor Lane Planning Study (Attachment 1), including a clause regarding the public transport stop. 12. THAT Council adopt the draft DCP 2013 amendments (Attachment 2). 13. THAT both documents be placed on public exhibition for a minimum of 28 days and that a report be prepared for Council following exhibition. 14. THAT a copy be provided to Willoughby Bay and Neutral Precinct Committees, the Neutral Bay Streetscape Committee and the Member for North Shore, The Hon. Jillian Skinner MP. 15. THAT Council adopt the Education Precinct Public Domain Masterplan (Attachment 2). 16. THAT further consideration be given to submissions as appropriate during future stages, as recommended in Attachment 1. 17. THAT there be a Councillor Briefing as soon as the costings are available. 18 THAT Council congratulate Council’s Strategic Planning staff for their excellent work on the Masterplan. 19. THAT Council adopt the draft DCP 2013 amendments at Attachment 2 for public exhibition purposes. 20. THAT the draft DCP 2013 amendment be placed on public exhibition for a minimum of 28 days. 21. THAT a report be prepared for Council following exhibition. 22. THAT Council write to the Minister for Transport providing a copy of the report and requesting clarification as to the intentions of the State Government towards this property remaining as a public transport depot and interchange, and a copy be sent to the Member for North Shore, The Hon. Jillian Skinner MP. 23. THAT Council acknowledge the swift and excellent response of Council’s strategic planners to the motion and the excellence of the report.

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Report of Ian Curry, Manager Governance and Committee Services Re: Legal and Planning Committee - 25 August 2014

(3)

LINK TO DELIVERY PROGRAM The relationship with the Delivery Program is as follows: Direction: 5. Our Civic Leadership Outcome: 5.3 Council is ethical, open, accountable and transparent in its decision

making BACKGROUND In accordance with Council’s Code of Meeting Principles and Practices: Clause 50.6 - the minutes of a Committee meeting may only be confirmed and adopted by resolution of that Committee, passed at a subsequent meeting of that Committee. Clause 50.7 - the recommendations arising at Committee meetings are to be submitted to the next available Council meeting for adoption. CONSULTATION REQUIREMENTS Community engagement is not required. SUSTAINABILITY STATEMENT The sustainability implications are of a minor nature and as such did not warrant a detailed assessment. DETAIL This report presents the recommendations of the last meeting of the Legal and Planning Committee held on 25 August 2014, for Council adoption. The minutes are attached for information. Draft Deputy Mayor Policy In accordance with recommendation no. 1 the further amendments have been made to the Draft Deputy Mayor Policy - refer to Attachment 2 to this report.

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Minute Book Page No 10

This is Page No 10 of the Minutes of the Legal and Planning Committee Meeting of the North Sydney Council held on 25 August 2014.

NORTH SYDNEY COUNCIL

REPORT OF LEGAL AND PLANNING COMMITTEE SUBJECT: PROCEEDINGS OF COMMITTEE AT MEETING HELD IN THE SUPPER

ROOM AT THE COUNCIL CHAMBERS, NORTH SYDNEY, ON MONDAY 25 AUGUST 2014 AT 6.30PM.

PRESENT

Councillor Gibson in the Chair, Councillors Clare, Carr, Marchandeau, Baker, Beregi, Barbour, Reymond.

Staff: Warwick Winn, General Manager Ross McCreanor, Director Corporate Services Joseph Hill, Director City Strategy Adrian Panuccio, Chief Operating Officer Stephen Beattie, Manager Development Services Brad Stafford, Senior Strategic Planner - Urban Design Benjamin Boyd, Executive Strategic Planner Ian Curry, Governance Coordinator

Visitors: Jane Hewitt, HWL Ebsworth Lawyers John Paul Merlino, HWL Ebsworth Lawyers

Apologies were received from Councillors Bevan and Morris.

At the commencement of business (6.30pm) Councillors present were – Councillor Gibson in the Chair, Councillors Clare, Carr, Marchandeau, Baker, Beregi, Barbour, Reymond.

11. Minutes

The Minutes of the previous meeting held on 12 May 2014, copies of which had been previously circulated, were taken as read and confirmed.

The Motion was moved by Councillor Reymond and seconded by Councillor Barbour. Voting was as follows: For/Against 8/0

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LEGAL AND PLANNING COMMITTEE – 25/08/14 Page No 11

This is Page No 11 of the Minutes of the Legal and Planning Committee Meeting of the North Sydney Council held on 25 August 2014.

Councillor Yes No Councillor Yes No Gibson Y Barbour Y Reymond Y Morris Absent Clare Y Burke Absent Baker Y Marchandeau Y Carr Y Bevan Absent Beregi Y

12. LP01: Draft Deputy Mayor Policy

Report of Adrian Panuccio, Legal Officer and Ian Curry, Governance Coordinator Council at its meeting of 21 July 2014 resolved (Min No. 267): THAT the Mayoral Minutes and Deputy Mayor - Clarification report be received. THAT a policy be prepared in regards to the role of the Deputy Mayor for Council’s consideration, including comparable fees to other councils. Recommending: 1. THAT the Draft Deputy Mayor Policy be placed on public exhibition for 28 days. 2. THAT should Council receive submissions, a further report be prepared for Council’s consideration. Should Council receive no submissions, Council consider the Draft Deputy Mayor Policy as adopted at the end of the closing period for submissions. Resolved to recommend: 1. THAT the Draft Deputy Mayor Policy be placed on public exhibition for 28 days, with the following amendment to clause 4.6(c):

• 4.6(c) In situations where Deputy Mayor is also unavailable, the General Manager be given delegated authority to ask another Councillor to represent the Council at the particular Mayoral civic and ceremonial function.

2. THAT should Council receive submissions, a further report be prepared for Council’s consideration. Should Council receive no submissions, Council consider the Draft Deputy Mayor Policy as adopted at the end of the closing period for submissions. The Motion was moved by Councillor Reymond and seconded by Councillor Baker.

Voting was as follows: For/Against 8/0

Councillor Yes No Councillor Yes No Gibson Y Barbour Y Reymond Y Morris Absent Clare Y Burke Absent Baker Y Marchandeau Y Carr Y Bevan Absent Beregi Y

13. LP02: Councillor Workshop - Finance

Report of Adrian Panuccio, Legal Officer The purpose of this report is for the Council to determine whether the Councillor Workshop - Finance should continue as an informal meeting or be formed as a Council Committee pursuant to clause 260 of the Local Government (General) Regulation 2005. Recommending: 1. THAT Council determine whether the Councillor Workshop - Finance should continue as an informal meeting or be formed as a Committee of the Council.

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LEGAL AND PLANNING COMMITTEE – 25/08/14 Page No 12

This is Page No 12 of the Minutes of the Legal and Planning Committee Meeting of the North Sydney Council held on 25 August 2014.

A Motion was moved by Councillor Baker and seconded by Councillor Marchandeau. 1. THAT the Councillor Workshop - Finance continue as an informal workshop.

An amendment was moved by Councillor Gibson 1. THAT Council continues its commitment to open and transparent government by renaming the Councillor Workshop - Finance and forming it as a Committee of the Council.

The amendment lapsed for want of a seconder Councillor Baker raised a Point of order regarding the Chair speaking to the lapsed amendment. The Chair ruled against the Point of Order Councillor Beregi moved a Motion of Dissent against the ruling of the Chair, seconded by Councillor Baker Voting on the Motion of Dissent was as follows: For/Against 7/1 The Motion was put and carried

Voting was as follows: For/Against 7/1

Councillor Yes No Councillor Yes No Gibson N Barbour Y Reymond Y Morris Absent Clare Y Burke Absent Baker Y Marchandeau Y Carr Y Bevan Absent Beregi Y

Resolved to recommend: 1. THAT the Councillor Workshop - Finance continue as an informal workshop.

14. LP03: Illegal Taxi Ranking

Report of Adrian Panuccio, Legal Officer Illegal Taxi ranking prevents motorists using parking bays provided for private purposes as well as loading zones for approved loading operations. NSW Police and Transport for NSW Inspectors are authorised to issue on-the-spot penalty notices in certain circumstances where illegal taxi ranking takes place. It is recommended that the Council write to the Minister for Transport, the Office of Local Government, and Local Government NSW seeking support for legislative amendments that would enable Council Rangers similar authority as NSW Police and Transport for NSW Inspectors with respect to illegal taxi ranking. Recommending: 1. THAT Council writes to the Minister for Transport, the Office of Local Government, and Local Government NSW seeking legislative amendments that would enable Council Rangers similar authority as NSW Police and Transport for NSW Inspectors with respect to illegal taxi ranking. Resolved to recommend: 1. THAT Council writes to the Minister for Transport, the Office of Local Government, and Local Government NSW seeking legislative amendments that

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LEGAL AND PLANNING COMMITTEE – 25/08/14 Page No 13

This is Page No 13 of the Minutes of the Legal and Planning Committee Meeting of the North Sydney Council held on 25 August 2014.

would enable Council Rangers similar authority as NSW Police and Transport for NSW Inspectors with respect to illegal taxi ranking. The Motion was moved by Councillor Beregi and seconded by Councillor Barbour.

Voting was as follows: For/Against 8/0

Councillor Yes No Councillor Yes No Gibson Y Barbour Y Reymond Y Morris Absent Clare Y Burke Absent Baker Y Marchandeau Y Carr Y Bevan Absent Beregi Y

15. LP04: Current Appeals and Results - August 2014

Report of Adrian Panuccio, Legal Officer Attached is a list of current appeal matters as at 12 August 2014 for Council’s information. Council spent $726,531 on funds on legal fees from the budgeted amount of $950,000 for the 2013 financial year. As at 11 August 2014, Council has not spent any funds on legal fees from the budgeted amount of $950,000 for the financial year. Recommending: 1. THAT the Current Appeals and Results - August 2014 report be received. Resolved to recommend: 1. THAT the Current Appeals and Results - August 2014 report be received with the exception of Other Matters, to be deferred to the end of the meeting. The Motion was moved by Councillor Reymond and seconded by Councillor Barbour.

Voting was as follows: For/Against 8/0

Councillor Yes No Councillor Yes No Gibson Y Barbour Y Reymond Y Morris Absent Clare Y Burke Absent Baker Y Marchandeau Y Carr Y Bevan Absent Beregi Y

16. LP05: Joint Regional Planning Panel - Membership Review 2014-2015

Report of Ben Boyd, Acting Manager Strategic Planning On 14 October 2013, Council considered a report regarding the nomination of members to the Joint Regional Planning Panel (JRPP). Council resolved to renominate Councillors Reymond and Robertson to represent North Sydney Council on the JRPP, with Councillors Marchandeau and Clare nominated as alternates. Council also resolved to review the JRPP membership in 1 year’s time. On 7 July 2014, the Joint Regional Planning Panel (JRPP) Secretariat advised Council that Councillor Reymond’s membership to the JRPP is due to expire in September 2014.

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LEGAL AND PLANNING COMMITTEE – 25/08/14 Page No 14

This is Page No 14 of the Minutes of the Legal and Planning Committee Meeting of the North Sydney Council held on 25 August 2014.

Therefore, in accordance with Council’s previous resolution to reviews its JRPP membership annually and the need to consider the expiry of Councillor Reymond’s membership to the JRPP, this report seeks Council’s resolution for the nomination of members to the JRPP for the next year. Recommending: 1. THAT Council either: a. Retain its current nominees for another year; OR b. Renominate 2 Councillors with at least one further Councillor nominated as an alternate to represent North Sydney Council on the Joint Regional Planning Panel for a period of three years. 2. THAT the JRPP membership be reviewed in 12 months time. Resolved to recommend: 1. THAT Council renominate Councillors Reymond and Clare with Councillor Marchandeau nominated as an alternate, to represent North Sydney Council on the Joint Regional Planning Panel for a period of two years. 2. THAT the JRPP membership be reviewed in 12 months time. The Motion was moved by Councillor Barbour and seconded by Councillor Beregi.

Voting was as follows: For/Against 8/0

Councillor Yes No Councillor Yes No Gibson Y Barbour Y Reymond Y Morris Absent Clare Y Burke Absent Baker Y Marchandeau Y Carr Y Bevan Absent Beregi Y

17. LP06: Grosvenor Lane Planning Study and Draft Amendment to NSDCP 2013

Report of Brad Stafford, Senior Strategic Planner - Urban Design A planning study has been prepared for the area surrounding the Grosvenor Lane Car Park, Neutral Bay. Council has for some time sought to improve public car parking availability, improve the public realm and pedestrian amenity, and create a vibrant heart for the Neutral Bay Town Centre. The Planning Study (Attachment 1) provides background site and policy analysis and explores a number of options available to Council in pursuing its objectives. It is concluded that the most likely short to medium term strategy that would meet the above objectives would be in the form of a partnership with adjoining land owners / developers to redevelop both public and private land concurrently. To help guide any future redevelopment proposals for the study area, the Planning Study establishes a number of principles and priorities against which any such proposal can be considered. The Study further recommends that these principles form the basis of an amendment to the site-specific Area Character Statement for this site in North Sydney Development Control Plan 2013. The draft amendment forms Attachment 2 to this report. Financial implications would be considered in detail under any future proposed development concept, planning proposal and draft voluntary planning agreement. Recommending: 1. THAT Council adopt the Grosvenor Lane Planning Study (Attachment 1). 2. THAT Council adopt the draft DCP 2013 amendments (Attachment 2). 3. THAT both documents be placed on public exhibition for a minimum of 28 days and that a report be prepared for Council following exhibition.

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LEGAL AND PLANNING COMMITTEE – 25/08/14 Page No 15

This is Page No 15 of the Minutes of the Legal and Planning Committee Meeting of the North Sydney Council held on 25 August 2014.

Resolved to recommend: 1. THAT Council adopt the Grosvenor Lane Planning Study (Attachment 1), including a clause regarding the public transport stop. 2. THAT Council adopt the draft DCP 2013 amendments (Attachment 2). 3. THAT both documents be placed on public exhibition for a minimum of 28 days and that a report be prepared for Council following exhibition. 4. THAT a copy be provided to Willoughby Bay and Neutral Precinct Committees, the Neutral Bay Streetscape Committee and the Member for North Shore, The Hon. Jillian Skinner MP. The Motion was moved by Councillor Marchandeau and seconded by Councillor Beregi.

Voting was as follows: For/Against 8/0

Councillor Yes No Councillor Yes No Gibson Y Barbour Y Reymond Y Morris Absent Clare Y Burke Absent Baker Y Marchandeau Y Carr Y Bevan Absent Beregi Y

18. LP07: Education Precinct Public Domain Masterplan - Public Exhibition

Report of Brad Stafford, Senior Strategic Planner - Urban Design In adopting the Education Precinct Planning Study, Council also resolved on 19 August 2013 to develop a masterplan and associated works programs for the implementation of public domain improvements within the Precinct (Min. No.528). The Education Precinct Public Domain Masterplan was publicly exhibited from 6 June to 7 July 2014, with six submissions received during that time. No changes to the Masterplan are recommended, however some matters raised in the submissions are recommended for further consideration at appropriate future stages. Council is awaiting detailed costings of the recommended staged works from qualified quantity surveyors. Once this is received, a report will be prepared for Council detailing costs and budgetary considerations and seeking resolution to have the works added to Council’s operational and delivery plans. Financial details will be reported to Council separately to this report. Recommending: 1. THAT Council adopt the Education Precinct Public Domain Masterplan (Attachment 2). 2. THAT further consideration be given to submissions as appropriate during future stages, as recommended in Attachment 1. Resolved to recommend: 1. THAT Council adopt the Education Precinct Public Domain Masterplan (Attachment 2). 2. THAT further consideration be given to submissions as appropriate during future stages, as recommended in Attachment 1. 3. THAT there be a Councillor Briefing as soon as the costings are available. 4 THAT Council congratulate Council’s Strategic Planning staff for their excellent work on the Masterplan. The Motion was moved by Councillor Baker and seconded by Councillor Beregi.

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LEGAL AND PLANNING COMMITTEE – 25/08/14 Page No 16

This is Page No 16 of the Minutes of the Legal and Planning Committee Meeting of the North Sydney Council held on 25 August 2014.

Voting was as follows: For/Against 8/0

Councillor Yes No Councillor Yes No Gibson Y Barbour Y Reymond Y Morris Absent Clare Y Burke Absent Baker Y Marchandeau Y Carr Y Bevan Absent Beregi Y

19. LP08: North Sydney Bus Depot Strategic Review and Draft Amendment to NSDCP 2013

Report of Brad Stafford, Senior Strategic Planner - Urban Design In response to Council’s resolution of 17 March 2014, staff have undertaken a strategic review of the North Sydney Bus Depot site in Neutral Bay. The Review has been undertaken in anticipation of any future disposal of the site by the State Government and subsequent redevelopment proposed by a new owner. The Strategic Review provides a comprehensive site, policy, planning and capacity analysis and establishes a number of principles to guide any future redevelopment proposal and inform Council’s consideration of it. The Review recommends amendments to North Sydney Development Control Plan 2013 to reflect the intent of the established principles. Financial implications would be considered in detail under any future proposed development concept, planning proposal and draft voluntary planning agreement. Recommending: 1. THAT Council adopt the draft DCP 2013 amendments at Attachment 2 for public exhibition purposes. 2. THAT the draft DCP 2013 amendment be placed on public exhibition for a minimum of 28 days. 3. THAT a report be prepared for Council following exhibition. Resolved to recommend: 1. THAT Council adopt the draft DCP 2013 amendments at Attachment 2 for public exhibition purposes. 2. THAT the draft DCP 2013 amendment be placed on public exhibition for a minimum of 28 days. 3. THAT a report be prepared for Council following exhibition. 4. THAT Council write to the Minister for Transport providing a copy of the report and requesting clarification as to the intentions of the State Government towards this property remaining as a public transport depot and interchange, and a copy be sent to the Member for North Shore, The Hon. Jillian Skinner MP. 5. THAT Council acknowledge the swift and excellent response of Council’s strategic planners to the motion and the excellence of the report. The Motion was moved by Councillor Baker and seconded by Councillor Beregi. Voting was as follows: For/Against 8/0

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LEGAL AND PLANNING COMMITTEE – 25/08/14 Page No 17

This is Page No 17 of the Minutes of the Legal and Planning Committee Meeting of the North Sydney Council held on 25 August 2014.

Councillor Yes No Councillor Yes No Gibson Y Barbour Y Reymond Y Morris Absent Clare Y Burke Absent Baker Y Marchandeau Y Carr Y Bevan Absent Beregi Y

20. LP04: Current Appeals and Results - August 2014 (deferred item)

Councillor Gibson declared an interest in this matter and vacated the Chair, retiring from the meeting. The Deputy Mayor assumed the Chair.

Resolved to recommend: 1. THAT the Current Appeals and Results - August 2014 (Other Matters) report be received, with the following further information to be provided to Councillors.

• Staff time/salary required to comply with the legal matters involving the Mayor and the Council, to reflect the true cost to Council.

2.THAT the Legal and Planning Committee recommend that Council censure the Mayor for causing significant expenditure to Council of $120,757 in legal costs and disbursements, plus unknown additional Council staff time. 3. THAT the grounds of censure include that the claim was ill-judged, designed to be antagonistic, not in the interests of residents and ratepayers, the allegations remain untested and a reasonable person may assume that the bringing of such actions was an abuse of the legal system for purely political purposes and that in bringing these actions, caused Council substantial financial and reputational cost and brought Council and local government generally into disrepute. The Motion was moved by Councillor Baker and seconded by Councillor Beregi.

Voting was as follows: For/Against 7/0

Councillor Yes No Councillor Yes No

Gibson Absent Barbour Y Reymond Y Morris Absent Clare Y Burke Absent Baker Y Marchandeau Y Carr Y Bevan Absent Beregi Y

21. General Business

Release of information to Councillors

Councillor Beregi asked if copies of Questions With Notice and Notices of Motion were being provided to the Mayor prior to other Councillors. The General Manager advised that the release of this information, upon request by the Mayor’s office, was a long standing arrangement.

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LEGAL AND PLANNING COMMITTEE – 25/08/14 Page No 18

This is Page No 18 of the Minutes of the Legal and Planning Committee Meeting of the North Sydney Council held on 25 August 2014.

Councillors agreed that this arrangement should be limited to release of the agenda on a Thursday and the General Manager advised that a report would be submitted to the Governance Committee to clarify the matter.

The meeting closed at 7.41pm ____________________________ __________________________ CHAIRPERSON GENERAL MANAGER

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D5-##

DRAFT DEPUTY MAYOR POLICY Page 1 of 4

Adopted by Council #

Policy Owner:

General Manager

Category:

5. Our Civic Leadership

1. STATEMENT OF INTENT

1.1 This policy covers the appointment, role and remuneration of the Deputy Mayor’s position and the representation of Council at civic and ceremonial functions.

2. ELIGIBILITY

2.1 All Councillors and staff are responsible for complying with the provisions of this Policy.

3. DEFINITIONS

3.1 Deputy Mayor means the person elected annually by the Council to the office of Deputy Mayor.

3.2 Civic and ceremonial functions refers to official events held for celebratory, ritual or commemorative purposes such as Citizenship Ceremonies, Australia Day Community Awards, ANZAC Day Ceremonial events, and official Council openings and launches.

4. PROVISIONS

4.1 Section 226 of the Local Government Act 1993 provides that the role of the Mayor is to carry out civic and ceremonial function of the Mayoral office.

4.2 Section 231 of the Local Government Act 1993 states that: (1) The Councillors may elect a person from among their number to be the

Deputy Mayor.

(2) The person may be elected for the mayoral term or a shorter term.

(3) The Deputy Mayor may exercise any function of the Mayor at the request of the Mayor or if the mayor is prevented by illness, absence or otherwise from exercising the function or if there is a casual vacancy in the office of Mayor.

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DRAFT DEPUTY MAYOR POLICY Page 2 of 4

Adopted by Council #

(4) The Councillors may elect a person from among their number to act as Deputy Mayor if the Deputy Mayor is prevented by illness, absence or otherwise from exercising a function under this section, or if no Deputy Mayor has been elected.

4.3 For the avoidance of doubt, section 231(3) enables the Deputy Mayor to exercise

any function of the Mayor in circumstances where: (a) If the Mayor so requests; or

(b) If the Mayor is prevented by illness, absence or otherwise from exercising

the function; or

(c) If there is a casual vacancy in the office of the Mayor.

4.4 Appointment - In accordance with Council’s Code of Meeting Principles and Practices (Item 14), the election of the Deputy Mayor (for the period 1 October to 30 September) will take place at the Council meeting held in September annually. Nominations for Deputy Mayor will close on the date advised by staff, the deadline related to the report deadline for the September meeting. In line with Council’s Open Government Policy, elections shall be conducted by open voting unless, at the meeting in which the election is to take place, Council resolves to hold a secret ballot. Should the Council resolve to hold a ballot, ballot papers will be distributed to Councillors. The ballot shall be conducted in accordance with Schedule 7 Part 2 of the Local Government (General) Regulation 2005.

4.5 Statutory Role - the role of the Deputy Mayor as defined in the Local

Government Act 1993 is to exercise any function of the Mayor at the request of the Mayor, or if the Mayor is prevented from exercising the function due to illness, absence or otherwise. This includes carrying out the civic and ceremonial functions of the Mayoral office, as necessary.

4.6 Organisational Role - in addition to the statutory role, the Council has an expectation that the following will protocols:

a) In the first instance, the Deputy Mayor is to be requested by the Mayor to

undertake the civic and ceremonial functions of the Mayoral office as the Mayor’s representative.

b) In circumstances where the Mayor is prevented by illness, absence or from otherwise exercising or attending a civic and ceremonial function, then the General Manager will request the Deputy Mayor to represent the Council at the particular civic and ceremonial function.

c) In situations where Deputy Mayor is also unavailable, the General Manager be given delegated authority to ask another Councillor to

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Adopted by Council #

represent the Council at the particular Mayoral civic and ceremonial function.

4.7 Remuneration - Section 249(5) of the Local Government Act 1993 states that a

council may pay the Deputy Mayor a fee determined by the council for such time as the Deputy Mayor acts in the office of the Mayor. This payment must be deducted from the Mayor's annual fee. Further, the Office of Local Government's Guidelines for the payment of expenses and the provision of facilities for Mayors and Councillors in NSW states that councils may only pay a Deputy Mayor part of the Mayor's annual fee where a Deputy Mayor demonstrably acts in the role of the Mayor.

4.8 The Deputy Mayor will receive payment of the Mayoral fee for the period where:

a) The Mayor is unable to exercise the function of the Mayor for a period of more than 1 month for whatever reason and irrespective of whether leave of absence has been granted; or

b) The office of the Mayor becomes vacant in accordance with Section 234 of the Local Government Act 1993; or

c) A casual vacancy occurs in the office of the Mayor on or after 1 October last preceding the end of the term of a Council as detailed in Section 294 of the Local Government Act 1993. In this event, the Deputy Mayor is to be the Councillor nominated by the Council to the Governor for appointed to the vacant office.

5. RESPONSIBILITY/ACCOUNTABILITY

5.1 All Councillors and staff are responsible for complying with the provisions of this Policy.

6. RELATED POLICIES/DOCUMENTS/LEGISLATION

The Policy should be read in conjunction with the following Council policies and documents: Code of Conduct - Councillors and Staff Code of Meeting Principles and Practice Mayor and Councillors Facilities and Benefits Policy Media Liaison Policy Open Government Policy

The Policy should be read in conjunction with the following documents/legislation: Local Government Act 1993 Local Government (General) Regulation 2005

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DRAFT DEPUTY MAYOR POLICY Page 4 of 4

Adopted by Council #

Office of Local Government’s Guidelines for the payment of expenses and the provision of facilities for Mayors and Councillors in NSW 2009

Version Date Approved Approved by Resolution No. Review Date 1 15 September 2014 Council # 2016/17

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