COB-RGB

 

 

 

 

 

Policy and Legislation Committee Agenda

 

 

 

25 September 2018

 

 

 

 

 


ALL INFORMATION AVAILABLE IN VARIOUS FORMATS ON REQUEST

city@busselton.wa.gov.au

 

 


CITY OF BUSSELTON

MEETING NOTICE AND AGENDA – 25 September 2018

 

 

 

TO:                  THE MAYOR AND COUNCILLORS

 

 

NOTICE is given that a meeting of the Policy and Legislation Committee will be held in the Committee Room, Administration Building, Southern Drive, Busselton on Tuesday, 25 September 2018, commencing at 2.00pm.

 

The attendance of Committee Members is respectfully requested.

 

 

DISCLAIMER

Statements or decisions made at Council meetings or briefings should not be relied on (or acted upon) by an applicant or any other person or entity until subsequent written notification has been given by or received from the City of Busselton. Without derogating from the generality of the above, approval of planning applications and building permits and acceptance of tenders and quotations will only become effective once written notice to that effect has been given to relevant parties. The City of Busselton expressly disclaims any liability for any loss arising from any person or body relying on any statement or decision made during a Council meeting or briefing.

 

 

 

Mike Archer

 

CHIEF EXECUTIVE OFFICER

 

19 September 2018


CITY OF BUSSELTON

Agenda FOR THE Policy and Legislation Committee MEETING TO BE HELD ON 25 September 2018

TABLE OF CONTENTS

 

ITEM NO.                                        SUBJECT                                                                                                                              PAGE NO.

1....... Declaration of Opening and Announcement of Visitors. 4

2....... Attendance. 4

3....... Public Question Time. 4

4....... Disclosure Of Interests. 4

5....... Confirmation and Receipt of Minutes. 4

6....... Reports. 5

6.1          ADOPTION OF REGIONAL PRICE PREFERENCE POLICY. 5

6.2          REVIEW OF COUNCIL POLICY 233 - OCCUPATIONAL HEALTH AND SAFETY. 12

6.3          REVIEW OF COUNCIL POLICY 030 - ENVIRONMENT POLICY. 19

6.4          REVIEW OF COUNCIL POLICY FEES ALLOWANCES AND EXPENSES FOR ELECTED MEMBERS. 26

6.5          REVIEW OF COUNCIL POLICY 192 VANDALISM - REWARD FOR INFORMATION RELATING TO THE DAMAGE OF COUNCIL PROPERTY. 44

7....... General Discussion Items. 50

8....... Next Meeting Date. 50

9....... Closure. 50

 


Policy and Legislation Committee                                  4                                                           25 September 2018

 

1.               Declaration of Opening and Announcement of Visitors

2.               Attendance 

Apologies

 

3.               Public Question Time  

4.               Disclosure Of Interests

5.               Confirmation and Receipt of Minutes  


Policy and Legislation Committee                                  6                                                           25 September 2018

6.               Reports

6.1             ADOPTION OF REGIONAL PRICE PREFERENCE POLICY

SUBJECT INDEX:

Procurement

STRATEGIC OBJECTIVE:

Governance systems, process and practices are responsible, ethical and transparent.

BUSINESS UNIT:

Corporate Services

ACTIVITY UNIT:

Legal Services

REPORTING OFFICER:

Contract & Tendering Officer - Lisa McDonald

AUTHORISING OFFICER:

Director Finance and Corporate Services  - Tony Nottle

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Attachment a   Proposed Regional Price Preference Policy

Attachment b    Existing Policy - 049 Regional Price Preference Policy  

  

PRÉCIS

 

This report advises Council in respect of submissions received in relation to the City’s proposed Regional Price Preference Policy (Attachment A) and recommends that Council adopts the New RPP Policy.

 

BACKGROUND

 

Following a review of the City’s existing Regional Price Preference Policy which resulted in preparation of the New RPP Policy, Council resolved on 25 July 2018 to proceed with the process for adopting of the New RPP Policy by giving Statewide public notice of its intention to have a new regional price preference policy and inviting submissions commenting on the proposed policy.

 

The New RPP Policy was advertised in accordance with regulation 24E of the Local Government (Functions and General) Regulations 1996 (Regulations) on 28 July 2018 and the closing date for submissions was 28 August 2018. Two submissions have been received and neither of them contained any adverse comments in relation to the New RPP Policy. Further detail in relation to these submissions is provided under the CONSULTATION section of this report.

 

STATUTORY ENVIRONMENT

 

In accordance with section 2.7(2)(b) of the Local Government Act 1995 (the Act) it is the role of Council to determine the Local Government’s policies.  The Council does this on the recommendation of a Committee it has established in accordance with s 5.8 of the Act.

 

Part 4A – Regional Price Preference of the Regulations enables a Local Government to give a regional price preference in connection with assessing tenders, where it has a regional price preference policy made in accordance with the Regulations. The process for adopting a regional price preference policy and the matters to be governed under the policy are also prescribed in Part 4A of the Regulations.

 

RELEVANT PLANS AND POLICIES

 

Once adopted the New RPP Policy will replace the City’s existing Regional Price Preference Policy and will form an element of the City’s procurement framework, applying under the Regulations in conjunction with the operation of the Council’s Purchasing Policy.

 

The New RPP Policy is also considered to be consistent with the following objectives of the City’s Purchasing Policy:

 

Most Advantageous Outcome

 

5.7  The most advantageous outcome of a purchasing process is to be determined by weighing up the considerations of price, risk and relevant qualitative factors.

 

5.8  Accordingly purchasing decisions should take into account factors other than price.

 

FINANCIAL IMPLICATIONS

 

Adoption of the New RPP Policy could potentially result in tenderers submitting the lowest prices not necessarily being selected as being the preferred supplier. However the Regulations and the City’s Purchasing Policy seek to achieve the most advantageous outcome for the City for procurement of goods and services (which may not necessarily be the lowest price outcome).

 

Other than that and the relative nominal costs associated with advertising and inviting public submissions, adoption of the New RPP Policy should not have any further financial implications.

 

LONG-TERM FINANCIAL PLAN IMPLICATIONS

 

Adoption of the New RPP Policy will not impact on the City’s long term financial plan.

 

STRATEGIC COMMUNITY OBJECTIVES

 

The Officer’s recommendation aligns with and supports the Council’s Strategic Community Plan 2017 as follows:

 

Key Goal Area 4: Economy - 4.2 – A community where local business is supported and in turn drives our economy.

 

Key Goal Area 6: Leadership - 6.1 – Governance systems, process and practices are responsible, ethical and transparent.

 

RISK ASSESSMENT

 

There are no new risks associated with the Officer Recommendation identified as being of a medium or higher level.

 

CONSULTATION

 

The New RPP Policy was advertised for public comment in accordance with the relevant statutory requirements and two submissions were received. Both submissions dealt with a number of procurement strategies, the majority of which were not relevant to the New RPP Policy. The only public comments relevant to the New RPP Policy can be summarised as follows:

 

Submission

Comments/Additional Information

A concern was raised that non-local large business can have a display home or shed based in the Busselton boundary and therefore become eligible as a local.

The New RPP Policy adequately addresses this concern. The policy stipulates that tenderers will only qualify for a regional price preference “where the management or delivery of the majority of the tendered goods and services will be carried out from the Local Supplier’s premises will the price preference apply.

 

 

The City of Busselton should make representations to the State Government to consider increasing the thresholds to match the State Government Buy Local policy.

The Local Government Act and Regulations are currently Statewide under review. The City participates in this review and intends to make submissions in respect of the review of the Regulations.

 

OFFICER COMMENT

 

The New RPP Policy seeks to support local business to the maximum extent allowed under the Regulations. Neither of the submissions received sought any adverse change to the draft Policy. No amendment to the draft New RPP Policy is therefore recommended.

 

It should be noted that one of the submissions was received from the Busselton Chamber of Commerce and Industry (BCCI).  That submission included detailed comments relating to other procurement strategies and made suggestions relating to the City’s procurement processes in connection with engaging local business/services.  Following receipt of the submission City officers met with representatives of BCCI to discuss potential strategies around facilitating the engagement of local suppliers.  It is intended that these discussions will continue as an open dialogue.

 

CONCLUSION

 

Following review by the City and consultation with the community in respect of the New RPP Policy it is considered that the policy will achieve the City’s objectives in relation to extension of a regional price preference to local tenderers, to the extent permissible under the Regulations.

 

OPTIONS

 

The Council may wish to retain the City’s Regional Price preference Policy or change the wording of the New RPP Policy. However for the reasons outlined in this report and the Council report of 25 July 2018, these options are not recommended.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

If Council resolves to adopt the New RPP Policy, it can only be applied after Statewide public notice of adoption of the policy has to be given. Therefore the City should be in a position to apply the New RPP Policy within a month from adoption of the policy.

 

OFFICER RECOMMENDATION

 

That following consideration of the submissions received following advertising in accordance with Regulation 24E of the Local Government (Functions and General) Regulations 1996, the Council adopts the proposed Regional Price Preference policy as per Attachment A, to replace the current policy (Attachment B).

 

 

 


Policy and Legislation Committee

8

25 September 2018

6.1

Attachment a

Proposed Regional Price Preference Policy

 


 


Policy and Legislation Committee

10

25 September 2018

6.1

Attachment b

Existing Policy - 049 Regional Price Preference Policy

 


 


Policy and Legislation Committee                                  12                                                         25 September 2018

6.2             REVIEW OF COUNCIL POLICY 233 - OCCUPATIONAL HEALTH AND SAFETY

SUBJECT INDEX:

Occupational Health and Safety

STRATEGIC OBJECTIVE:

Accountable leadership that is supported by a skilled and professional workforce.

BUSINESS UNIT:

Corporate Services

ACTIVITY UNIT:

Human Resources

REPORTING OFFICER:

Risk and OSH Officer - Brian McCarroll

AUTHORISING OFFICER:

Director Finance and Corporate Services  - Tony Nottle

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Attachment a   Proposed Council Policy - Occupational Safety and Health

Attachment b    Current Council Policy - Occupational Safety and Health  

  

PRÉCIS

 

This report presents a revised Occupational Safety and Health Policy (Attachment A) (the Policy) for Council approval, with the current policy having been amended as part of the City’s overall review of its Council policies, having regard to the recommendations of the Governance System Review (GSR) carried out by Mr John Woodhouse in 2017.

 

The Policy, which has been moved into the new policy template and refined, is considered to be of continuing relevance and importance and is therefore recommended for Council approval.

 

BACKGROUND

 

A policy in relation to Occupational Safety and Health was originally adopted in May 2006, with the aim of demonstrating Council’s commitment to ensuring a safe and healthy work environment.  Since then the current policy has been reviewed a number of times, most recently in 2015, with only very minor changes made such as updating Shire to City.

 

STATUTORY ENVIRONMENT

 

In accordance with Section 2.7(2)(b) of the Local Government Act 1995 it is the role of the Council to determine the local government’s policies.  The Council does this on the recommendation of a Committee it has established in accordance with Section 5.8 of that Act.

 

RELEVANT PLANS AND POLICIES

 

In August 2017 the CEO commissioned a high level independent review of the City’s governance systems - the GSR.   Included in the scope of the review was the City’s policy and procedure framework with the following recommendations made:

 

1.    There should be a review of the Council Policies with the intent that a Council Policy:

a.    Should deal with higher level objectives and strategies;

b.    Should not deal with operational matters, employee matters, or other matters which are the responsibility if the CEO; and

c.     Should, where appropriate provide sufficient direction to the CEO to develop OPPs which deal with the implementation of the Council Policy or other detailed matters.

2.    As part of that review, any existing Council Policy should be deleted where it could, more sensibly, be dealt with by an OPP adopted by the CEO.

 

3.    Consideration should be given to developing a new Council Policy which sets out the ‘framework’ for Council Policies, OPPs and other procedures.  The new Policy would explain the role to be played by each level of document.  It could, for example, be called a Policy Framework Policy.

 

In response a Policy Framework has been developed and endorsed by Council, setting out the intent of Council policies, as opposed to operational documents such as Staff Management Practices and operational procedures, and a Council policy template developed.  The proposed revised policy adheres to this framework and template. 

 

FINANCIAL IMPLICATIONS

 

Adoption of the Policy has no additional financial implications. 

 

LONG-TERM FINANCIAL PLAN IMPLICATIONS

 

Adoption of the Policy has no additional long term financial plan implications.

 

STRATEGIC COMMUNITY OBJECTIVES

 

The Policy links to Key Goal Area 6 of the City’s Strategic Community Plan 2017 and specifically the following Community Objective/s:

a.   6.3: Accountable leadership that is supported by a skilled and professional workforce

 

RISK ASSESSMENT

 

There are no risks identified of a medium or greater level associated with the Officers recommendation, with the Policy simply reiterating and maintaining Council’s current support for Occupational Safety and Health.

 

CONSULTATION

 

No specific consultation was undertaken in relation to the review of the Policy.

 

OFFICER COMMENT

 

While the safety and health of staff is the responsibility of the CEO, Council are responsible for the provision of adequate resources to meet safety objectives and targets.  The purpose of the Policy is to demonstrate the Council’s commitment to ensuring a safe and healthy work environment and outlines the strategic responsibilities of the CEO in this regard.

 

CONCLUSION

 

The Policy updates the current Occupational Safety and Health policy and in doing so maintains the City’s support for a safe and healthy work environment. 

 

OPTIONS

 

Council could decide not to adopt the Policy and instead choose to take a different positon / approach in relation to Occupational Safety and Health.  Council could also require further amendments to the Policy. 

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

The Policy will be effective as of its adoption by Council.

 

OFFICER RECOMMENDATION

 

That the Council adopts the revised Occupational Safety and Health policy as per Attachment A, to replace the current policy (Attachment B).

 

 


Policy and Legislation Committee

15

25 September 2018

6.2

Attachment a

Proposed Council Policy - Occupational Safety and Health

 


 


Policy and Legislation Committee

17

25 September 2018

6.2

Attachment b

Current Council Policy - Occupational Safety and Health

 


 


Policy and Legislation Committee                                  19                                                         25 September 2018

6.3             REVIEW OF COUNCIL POLICY 030 - ENVIRONMENT POLICY

SUBJECT INDEX:

Environmental Management

STRATEGIC OBJECTIVE:

Natural areas and habitats are cared for and enhanced for the enjoyment of current and future generations.

BUSINESS UNIT:

Environmental Services

ACTIVITY UNIT:

Environmental Management

REPORTING OFFICER:

Environmental Management Coordinator - Greg Simpson

AUTHORISING OFFICER:

Director, Planning and Development Services - Paul Needham

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Attachment a   Proposed Environment Policy

Attachment b    Current Environment Policy  

  

PRÉCIS

 

This report presents a revised Environment Policy (Attachment A) (the Policy) for Council approval, with the current policy having been revised as part of the City’s overall review of its Council policies, having regard to the recommendations of the Governance System Review carried out by Mr John Woodhouse in 2017.

 

The Policy, which has been moved into the new policy template and refined, is considered to be of continuing relevance and importance and is therefore recommended for Council approval.

 

BACKGROUND

 

A policy in relation to the City’s commitment to and protection of the environment was originally adopted in 2004 as part of an environment strategy prepared at that time.  Since then the policy has been reviewed twice, most recently in 2016, as part of the overall revision of the environment strategy.  Both reviews resulted in only minor changes, with the overall strategic direction remaining the same.     

 

STATUTORY ENVIRONMENT

 

In accordance with Section 2.7(2)(b) of the Local Government Act 1995 it is the role of the Council to determine the local government’s policies.  The Council does this on the recommendation of a Committee it has established in accordance with Section 5.8 of that Act.

 

RELEVANT PLANS AND POLICIES

 

In August 2017 the CEO commissioned a high level independent review of the City’s governance systems - the Governance Systems Review.   Included in the scope of the review was the City’s policy and procedure framework with the following recommendations made:

                                                            

1.    There should be a review of the Council Policies with the intent that a Council Policy:

a.    Should deal with higher level objectives and strategies;

b.    Should not deal with operational matters, employee matters, or other matters which are the responsibility if the CEO; and

c.     Should, where appropriate provide sufficient direction to the CEO to develop OPPs which deal with the implementation of the Council Policy or other detailed matters.

2.    As part of that review, any existing Council Policy should be deleted where it could, more sensibly, be dealt with by an OPP adopted by the CEO.

 

 

3.    Consideration should be given to developing a new Council Policy which sets out the ‘framework’ for Council Policies, OPPs and other procedures.  The new Policy would explain the role to be played by each level of document.  It could, for example, be called a Policy Framework Policy.

 

In response a Policy Framework has been developed and endorsed by Council, setting out the intent of Council policies, as opposed to operational documents such as Staff Management Practices and operational procedures, and a Council policy template developed.  The proposed revised policy adheres to this framework and template.

 

FINANCIAL IMPLICATIONS

 

Adoption of the Policy has no additional financial implications. 

 

LONG-TERM FINANCIAL PLAN IMPLICATIONS

 

Adoption of the Policy has no additional long term financial plan implications.

 

STRATEGIC COMMUNITY OBJECTIVES

 

The Policy links to Key Goal Area 3 – Environment of the City’s Strategic Community Plan 2017 and specifically the following Community Objective/s:

a.   3.1:  Development is managed sustainably and our environment valued;

b.  3.2: Natural areas and habitats are cared for and enhanced for the enjoyment of current and future generations; and

c.   3.3: The health and attractiveness of our waterways and wetlands is improved to enhance community amenity

 

RISK ASSESSMENT

 

There are no risks identified of a medium or greater level associated with the Officers recommendation, with the Policy simply reiterating and maintaining Council’s current support for the protection and enhancement of environmental values.

 

CONSULTATION

 

No specific consultation was undertaken in relation to the review of the Policy, noting that extensive consultation was undertaken in 2016 in relation to review of the environment strategy which the Policy guides.

 

OFFICER COMMENT

 

The purpose of the Policy is to outline Council’s commitment towards continuous improvement in environmental management practices and the long-term protection of environmental values within the District

 

The Policy is aimed at ensuring

·    the proactive management of City land to protect and enhance environmental values,

·    the establishment and maintenance of effective partnerships with the community and other stakeholders, and

·    that decision making by the City gives due regard to environmental values alongside economic and social considerations.

 

The Policy overall has been streamlined to ensure that the strategic aims and objectives are clear and that the strategic documents by which the City will drive achievement of the objectives are identified.

 

The Policy removes reference to principles and concepts such as the precautionary principle.  The precautionary principle is outlined as a key principle in the Environmental Protection Act 1986 as being:

 

“where there are threats of serious or irreversible damage, lack of full scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation.  In application of the precautionary principle decisions should be guided by –

 

a)    careful evaluation to avoid, where practicable, serious or irreversible damage to the environment; and

b)    an assessment of the risk-weighted consequences of various options.”

 

While the principle remains of relevance, noting that any action that falls within that scope would require EPA approval where the principle would be applied, it is felt that the City often needs to be more responsive and holistic in its decision making.  Council regularly has to make decisions on actions with less potential impact on the basis of some uncertainty; in which case it is important to consider, as early as possible and in an integrated fashion, the environment and environmental values alongside social and economic factors.  In this way the environment will be seen less as a constraint and more as a core part of decision making.

 

The Policy statement in paragraph 5.2, sets out that the City will ensure its decision making considers potential impacts on the environment and will endeavour to integrate environmental protection and values with social and economic considerations and values, reflects this. 

 

CONCLUSION

 

The Policy updates the current environment policy and in doing so maintains Council’s commitment to the long-term protection of environmental values within the District and best practice environmental management. 

 

OPTIONS

 

Council could decide not to adopt the Policy and instead choose to take a different positon / approach in relation to strategic environmental management.  Council could also require further amendments to the Policy. 

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

The Policy will be effective as of its adoption by Council.

 

OFFICER RECOMMENDATION

 

That the Council adopts the revised Environment Policy as per Attachment A, to replace the current policy (Attachment B).

 

 


Policy and Legislation Committee

23

25 September 2018

6.3

Attachment a

Proposed Environment Policy

 


 


Policy and Legislation Committee

24

25 September 2018

6.3

Attachment b

Current Environment Policy

 


 


Policy and Legislation Committee                                  30                                                         25 September 2018

6.4             REVIEW OF COUNCIL POLICY FEES ALLOWANCES AND EXPENSES FOR ELECTED MEMBERS

SUBJECT INDEX:

Governance

STRATEGIC OBJECTIVE:

Governance systems, process and practices are responsible, ethical and transparent.

BUSINESS UNIT:

Corporate Services

ACTIVITY UNIT:

Governance Services

REPORTING OFFICER:

Manager Governance and Corporate Services - Sarah Pierson

AUTHORISING OFFICER:

Director Finance and Corporate Services  - Tony Nottle

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Attachment a   Proposed Council Policy

Attachment b    Current Council Policy

Attachment c    MERG Sponsored Events  

  

PRÉCIS

 

This report presents and seeks Council’s adoption of a revised ‘Fees Allowances and Expenses for Elected Members’ Council policy (Attachment A) (the Policy) for Council approval.  The current policy (which has already been moved into the new policy template as per Council Resolution (C1805/084) has been reviewed to clarify entitlements in relation to reimbursement of childcare expenses, specifically reimbursement for costs incurred while an Elected Member attends briefing sessions and workshops, as well as reimbursements for travel, expenses while away from home on sanctioned activities and corporate attire expenses.  It is proposed that the Policy also set a policy position with respect to Elected Member annual fee and the Mayoral allowance.  

 

BACKGROUND

 

The current policy, which was last adopted in October 2017, provides for reimbursement of childcare expenses incurred while an Elected Member is attending a Council or Committee meeting.  Officers, through discussion with the Policy and Legislation Committee at its August meeting, have confirmed that it was always the intention for the policy to also provide childcare reimbursements while Elected Members are attending briefing sessions (held on a Wednesday afternoon) and other organised briefing sessions / workshops within the City. 

 

The broad intention of the policy was to provide a reimbursement framework which allowed Elected Members to meet their commitments.  It was assumed that this would include childcare reimbursement (as per travel) for briefing sessions, with these being key forums to ensure Elected Members are informed when making decisions.  As such the Policy has been amended and is presented for Council’s adoption. 

 

Additionally Officers have taken the opportunity to set out a policy position with respect to Elected Member fees and the Mayoral allowance, and to provide more clarity in relation to travel reimbursements (specifically reimbursement for travel associated with what is currently referred to as ‘Flagship’ events), reimbursements while away from home on sanctioned activities, and corporate attire expenses. 

 

STATUTORY ENVIRONMENT

 

In accordance with Section 2.7(2)(b) of the Local Government Act 1995 (the Act) it is the role of the Council to determine the local government’s policies.  The Council does this on the recommendation of a Committee it has established in accordance with Section 5.8 of that Act.

 


 

Section 5.98(1) and 5.98(2A) of the Act entitles Council members to a fee for attending a council, committee or other prescribed meeting. Section 5.99 of the Act allows a local government to decide that instead of paying a fee referred to in Section 5.98(1), it will instead pay an annual fee determined by the Salaries and Allowances Tribunal Act 1975 or a fee set by the local government within the range for annual fees determined by the Salaries and Allowances Tribunal (SAT).

 

Section 5.98(5) entitles the mayor or president of a local government to be paid, in addition, an annual allowance determined for mayors or presidents or as set by the local government within the range determined by the SAT. 

 

Section 5.98A allows a local government to pay the deputy mayor or deputy president an allowance of up to (currently) 25 per cent as determined by the SAT.

 

Section 5.98(2)(b) of the Act and Regulation 32 of the Local Government (Administration) Regulations 1996 provides that a Council member may be reimbursed for an expense of a kind prescribed where it has been approved by the local government and where it is incurred in performing a function in his or her capacity as a council member with the express authority of the local government. 

 

Section 5.98(4) of the Act provides that the expense approved by a local government for reimbursement may be approved either generally or in a particular case.  All reimbursements are to be in accordance with the determination made by the SAT.

 

RELEVANT PLANS AND POLICIES

 

In August 2017 the CEO commissioned a high level independent review of the City’s governance systems - the Governance Services Review (GSR).   Included in the scope of the review was the City’s policy and procedure framework with the following recommendations made:

 

1.    There should be a review of the Council Policies with the intent that a Council Policy:

a.    Should deal with higher level objectives and strategies;

b.    Should not deal with operational matters, employee matters, or other matters which are the responsibility if the CEO; and

c.     Should, where appropriate provide sufficient direction to the CEO to develop OPPs which deal with the implementation of the Council Policy or other detailed matters.

2.    As part of that review, any existing Council Policy should be deleted where it could, more sensibly, be dealt with by an OPP adopted by the CEO.

3.    Consideration should be given to developing a new Council Policy which sets out the ‘framework’ for Council Policies, OPPs and other procedures.  The new Policy would explain the role to be played by each level of document.  It could, for example, be called a Policy Framework Policy.

In response a Policy Framework has been developed and endorsed by Council, setting out the intent of Council policies, as opposed to operational documents such as Staff Management Practices and operational procedures, and a Council policy template developed.  The proposed revised policy adheres to this framework and template.

 

FINANCIAL IMPLICATIONS

 

Adoption of the Policy has no additional financial implications, with the Policy being updated to reflect current practice. 

LONG-TERM FINANCIAL PLAN IMPLICATIONS

 

Adoption of the Policy has no additional long term financial plan implications.

 

STRATEGIC COMMUNITY OBJECTIVES

 

The Policy links to Key Goal Area 6 – Leadership of the City’s Strategic Community Plan 2017 and specifically the following Community Objective/s:

a.   6.1: Governance systems, process and practices are responsible, ethical and transparent.

 

RISK ASSESSMENT

 

There are no risks identified of a medium or greater level associated with the Officers recommendation, with the Policy providing improved clarity in relation to a number of reimbursements.

 

CONSULTATION

 

No specific consultation was undertaken in relation to the review of the Policy.

 

OFFICER COMMENT

 

The purpose of the Policy is to set out the fees, allowances, reimbursements and equipment that Elected Members are entitled to, to enable them to carry out their role efficiently.  The following aspects have been adjusted in the Policy.

 

Elected Member fee

 

Setting of a policy position is proposed through the adding of this section to the Policy; that is, that Elected Members will be paid an annual attendance fee in lieu of fees for attending meetings referred to in Section 5.98(1) of the Act and that this will be set at the 75th percentile of the applicable band in accordance with the determination of the SAT.  The fee will still be required to be set as part of the annual budget adoption however setting a policy position ensures there is transparency in relation to Elected Member fees and administratively provides a clear basis on which the City can prepare its financials. 

 

Reimbursement of childcare expenses

 

As outlined in the background section of this report, it has been identified that adjustments are required to the current policy in order to provide for the reimbursement of childcare expenses while an Elected Member is attending briefing sessions and workshops organised by the City.  Paragraph 5.12 of the Policy provides for this.  Additionally the Policy has been amended, with the inclusion of Paragraph 5.13, to cater for the different ways in which childcare is charged, with many places charging on half and full day rates as opposed to hourly rates.  Given this, the calculation of time in Paragraph 5.13 has also been amended to remove inclusion of a nominal time allowance after a meeting / briefing session for partaking in refreshments.  For daytime meetings / briefings where childcare costs are generally incurred a half day rate is likely to cater for this. 

 


 

Reimbursement of travel expenses

 

With respect to reimbursement for travel, the current policy provides reimbursement for Elected Members who attend ‘Flagship’ functions and events held within the boundaries of the City, as determined by the Mayor and CEO at the commencement of each calendar year or as determined during the year.  This subclause currently has a footnote which indicates that ‘Flagship’ events and functions will be published in the Friday factsheet or will be the subject of a specific invitation sent by the City’s administration.

 

In practice the identification of Flagship functions and events is left to the discretion of governance officers and the footnote, which indicates they will be included on the Friday factsheet or be the subject of a specific invitation by the City’s administration, is leading to confusion.  Governance officers pass on to Elected Members many invitations from groups and organisations to attend events, however not all of those are likely to be considered ‘Flagship’. 

 

Officers have therefore recommended that this provision be clarified to provide reimbursements for travel for functions and events sponsored to a value of $10,000 or more through the City’s Marketing and Events Reference Group (MERG) funding, and where the Elected Member has been issued a specific invitation by the City’s administration.  As per the current policy the event must be within the City of Busselton district.  Based on 2018/19 MERG funding (Attachment C) this would provide the potential for travel to be reimbursed for 12 events. 

 

An alternative option discussed with the Mayor is for travel to be reimbursed for all MERG sponsored events (currently 29) but limited to one appointed Council representative only for each event, as determined by the Mayor.

 

Clarification has also been added to point (k) to provide clarity around situations where Elected Members attend, in lieu or on behalf of the Mayor, events to present awards or gifts and a new point (l) has been added to provide for travel expenses (where not required to stay away from home) for situations where an Elected Member attends an event / function to receive an award on behalf of the City.  

 

Reimbursement of expenses while away from home on sanctioned activities

 

Elected Members may at times also be asked to travel away from home (generally intrastate) for the purposes of receiving awards on behalf of the City.  This has been added as a specific occasion for when which reimbursement (or payment) of expenses while away from home would be provided, that is, accommodation, a daily sustenance allowance, transport costs and the cost of attending any specific event related meals for the Elected Member and spouse.

 

Reimbursement of hospitality expenses

 

This paragraph has been adjusted to provide for reimbursement of hospitality expenses only for meetings and events for which travel can be claimed under the Policy (whether travel is actually claimed or not) and only where it is reasonable, approved by the Mayor and substantiated with receipts.  It was felt that this section of the current policy is too open to interpretation and the changes are intended to provide more certainty.

 

Corporate attire expenses

 

The current policy provides Elected Members with reimbursement of up to $750 in each election year for the purchase of the following:

b.  business attire (which may consist of a suit, jacket and shirts/blouses);

c.   one pair of shoes (up to $150);

d.  dry cleaning and maintenance of corporate and business attire.

The Policy proposes this be changed to financial year to align with City budgeting processes, and that the dollar limit on shoes be removed, while at the same time clarifying the shoes are to be business shoes.  In making the change to financial year an additional condition has been added to prevent an Elected Member who is up for re-election claiming for anything purchased in the period of the financial year preceding the election.  

 

Mayoral allowance

 

As per inclusion of the Elected Member fee, the Policy seeks to set a position with respect to the Mayoral allowance, noting that the current policy already does this in relation to the Deputy Mayor’s allowance. 

 

Reimbursement submissions

 

The final significant change is the inclusion of a time limit for reimbursements, with reimbursements to be submitted within three months of the expenses being incurred.  The remainder of the changes are of a minor nature to streamline the Policy.

 

CONCLUSION

 

The Policy updates the current Fees Allowances and Reimbursements for Elected Members policy to provide clarity in relation to reimbursement of childcare, travel, and corporate attire expenses and to streamline the Policy with regard to the recommendations of the GSR.

 

OPTIONS

 

Council could decide not to adopt the Policy and instead choose to take a different positon / approach in relation to promotion of the City with other levels of government.  Council could also require further amendments to be to the Policy. 

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

The Policy will be effective as of its adoption by Council.

 

OFFICER RECOMMENDATION

 

That the Council adopts the proposed Fees Allowances and Reimbursements for Elected Members policy as per Attachment A, to replace the current policy (Attachment B).

 


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6.4

Attachment a

Proposed Council Policy

 


 


 


 


 


 


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6.4

Attachment b

Current Council Policy

 


 


 


 


 


 


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6.4

Attachment c

MERG Sponsored Events

 


Policy and Legislation Committee                                  46                                                         25 September 2018

6.5             REVIEW OF COUNCIL POLICY 192 VANDALISM - REWARD FOR INFORMATION RELATING TO THE DAMAGE OF COUNCIL PROPERTY

SUBJECT INDEX:

Governance

STRATEGIC OBJECTIVE:

A friendly safe and inclusive community with a strong community spirit.

BUSINESS UNIT:

Corporate Services

ACTIVITY UNIT:

Governance

REPORTING OFFICER:

Manager Governance and Corporate Services - Sarah Pierson

AUTHORISING OFFICER:

Director Finance and Corporate Services  - Tony Nottle

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Attachment a   Proposed Policy - Vandalism - Reward for information relating to the damage of City property

Attachment b    Current Council Policy  

  

PRÉCIS

 

This report presents a revised Vandalism - Reward for information relating to the damage of City property (Attachment A) (the Policy) for Council approval, with the current policy having been amended as part of the City’s overall review of its Council policies, having regard to the recommendations of the Governance System Review (GSR) carried out by Mr John Woodhouse in 2017.

 

The Policy, which has been moved into the new policy template and refined, is considered to be of continuing relevance and importance and is therefore recommended for Council approval.

 

BACKGROUND

 

A policy in relation to the provision of a reward for information relating to vandalism or damage to City property was originally adopted with the aim of preventing future vandalism and reducing maintenance costs incurred through the damaging of City property. 

 

The policy was last reviewed in June 2017 post the WA State Parliament introducing specific legislation that deals with Graffiti. The Graffiti Vandalism Act 2016 (the Act) was passed in 2016 and provides for:

Ø Graffiti Offenses;

Ø Local Government Powers; and

Ø Notices, Objections and Powers of Entry.

 

Section 16 of the Act provides that a local government may delegate to the CEO the exercise of its powers and duties.  It was proposed at the time of the last policy review that Council delegate to the CEO its powers and duties under the Act (which it did).  Minor amendments were also made to the policy.

 

STATUTORY ENVIRONMENT

 

In accordance with Section 2.7(2)(b) of the Local Government Act 1995 it is the role of the Council to determine the local government’s policies.  The Council does this on the recommendation of a Committee it has established in accordance with Section 5.8 of that Act.

 

In accordance with Section 16(1) of the Act Council may exercise its power of delegation to the CEO to exercise any of the local government’s powers or the discharge of any of its duties provided for in Part 3 of the Act.  Council have delegated these powers to the CEO under Delegation GV1.

 

RELEVANT PLANS AND POLICIES

 

In August 2017 the CEO commissioned a high level independent review of the City’s governance systems - the GSR.   Included in the scope of the review was the City’s policy and procedure framework with the following recommendations made:

 

1.    There should be a review of the Council Policies with the intent that a Council Policy:

a.    Should deal with higher level objectives and strategies;

b.    Should not deal with operational matters, employee matters, or other matters which are the responsibility if the CEO; and

c.     Should, where appropriate provide sufficient direction to the CEO to develop OPPs which deal with the implementation of the Council Policy or other detailed matters.

2.    As part of that review, any existing Council Policy should be deleted where it could, more sensibly, be dealt with by an OPP adopted by the CEO.

3.    Consideration should be given to developing a new Council Policy which sets out the ‘framework’ for Council Policies, OPPs and other procedures.  The new Policy would explain the role to be played by each level of document.  It could, for example, be called a Policy Framework Policy.

 

In response a Policy Framework has been developed and endorsed by Council, setting out the intent of Council policies, as opposed to operational documents such as Staff Management Practices and operational procedures, and a Council policy template developed.  The proposed revised policy adheres to this framework and template. 

 

FINANCIAL IMPLICATIONS

 

Adoption of the Policy has no additional financial implications. 

 

LONG-TERM FINANCIAL PLAN IMPLICATIONS

 

Adoption of the Policy has no additional long term financial plan implications.

 

STRATEGIC COMMUNITY OBJECTIVES

 

The Policy links to Key Goal Area 1 – Community and Key Goal Area 2 - Places and Spaces of the City’s Strategic Community Plan 2017 and specifically the following Community Objective/s:

a.      1.1: A friendly safe and inclusive community with a strong community spirit;

b.     2:2: Attractive parks and open spaces that create opportunities for people to come together, socialise and enjoy a range of activities.

RISK ASSESSMENT

 

There are no risks identified of a medium or greater level associated with the Officers recommendation, with the Policy simply reiterating and maintaining Council’s current practice with respect to providing a reward to deter damage to City property.

 

CONSULTATION

 

No specific consultation was undertaken in relation to the review of the Policy.

 

OFFICER COMMENT

 

The purpose of the Policy is to set guidelines for the rewarding of a person who provides information as to the identity of an offender who has vandalised or damaged City property.  The information provided must lead to a successful conviction or a successful outcome on the matter.

 

While retaining the CEO’s ability to decide on an appropriate level of reward, it is recommended that a maximum reward value of $1,000 be included within the Policy.  This will provide additional clarity and assist in managing expectations.  It is however also recommended that the Policy provides scope for the CEO and Mayor to agree on a higher value reward in circumstances where it may be appropriate (although not expected to be often).

 

Other than minor editing associated with transfer of the Policy into the new template, the only other change is to include Elected Members in paragraph 5.6 which prohibits City employees and WA Police, and proposed Elected Members, from receiving rewards under the Policy.

 

CONCLUSION

 

The Policy maintains Council’s pro-active commitment to deterring damage to City property and proposed only one substantive change as outlined.  

 

OPTIONS

 

Council could decide not to adopt the Policy and instead choose to take a different positon / approach in relation to Occupational Safety and Health.  Council could also require further amendments to the Policy. 

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

The Policy will be effective as of its adoption by Council.

 

OFFICER RECOMMENDATION

 

That the Council adopts the revised Vandalism - Reward for information relating to the damage of City property policy as per Attachment A, to replace the current policy (Attachment B).

 

 


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6.5

Attachment a

Proposed Policy - Vandalism - Reward for information relating to the damage of City property

 


 


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6.5

Attachment b

Current Council Policy

 

 


Policy and Legislation Committee                                  50                                                         25 September 2018

7.               General Discussion Items  

8.               Next Meeting Date

9.               Closure