Please note:  These minutes are yet to be confirmed as a true record of proceedings

CITY OF BUSSELTON

MINUTES FOR THE Policy and Legislation Committee MEETING

HELD ON 23 September 2020

TABLE OF CONTENTS

ITEM NO.                                        SUBJECT                                                                                                                              PAGE NO.

1....... Declaration of Opening and Announcement of Visitors. 2

2....... Attendance. 2

3....... Public Question Time. 2

4....... Disclosure Of Interests. 2

5....... Confirmation and Receipt Of Minutes. 3

5.1          Minutes of the Policy and Legislation Committee Meeting held 25 August 2020. 3

6....... Reports. 4

6.1          REVIEW OF COUNCIL POLICY: SHARK HAZARD RESPONSE. 4

6.2          REVIEW OF COUNCIL POLICY: LEGAL REPRESENTATION FOR COUNCIL MEMBERS AND EMPLOYEES. 14

6.3          RESCISSION OF COUNCIL POLICY 063 - PRIVATE WORKS MARGIN.. 25

7....... General Discussion Items. 30

8....... Next Meeting Date. 30

9....... Closure. 30


Policy and Legislation Committee                                  3                                                           23 September 2020

MINUTES

 

MINUTES OF Policy and Legislation Committee HELD IN Committee Room, Administration Building, Southern Drive, Busselton, ON 23 September 2020 AT 9.00am.

 

1.               Declaration of Opening and Announcement of Visitors

The Presiding Member opened the meeting at 9.04am.

            

2.               Attendance 

Presiding Member:

 

Members:

 

Cr Ross Paine

 

Cr Grant Henley

Cr Kate Cox

Cr Lyndon Miles

Cr Phill Cronin (Deputy Member)

 

Officers:

 

Mr Tony Nottle, Director, Finance and Corporate Services

Ms Sarah Pierson, Manager, Governance and Corporate Services

Mr Ian McDowell, Ranger & Emergency Services Coordinator

Mrs Emma Heys, Governance Coordinator

Ms Melissa Egan, Governance Officer

 

Apologies:

 

Cr Kelly Hick

 

3.               Public Question Time

Nil

 

4.               Disclosure Of Interests

Cr Ross Paine declared an impartiality interest in relation to Item 6.2 ‘Review of Council policy: Legal Representation of Council Members and Employees’, as there has been a recent article in the local newspaper regarding litigation.


 

5.               Confirmation and Receipt Of Minutes

5.1             Minutes of the Policy and Legislation Committee Meeting held 25 August 2020

Committee Decision

PL2009/355            Moved Councillor K Cox, seconded Councillor G Henley

That the Minutes of the Policy and Legislation Committee Meeting held 25 August 2020 be confirmed as a true and correct record.

CARRIED 5/0


Policy and Legislation Committee                                  5                                                           23 September 2020

6.               Reports

6.1             REVIEW OF COUNCIL POLICY: SHARK HAZARD RESPONSE

STRATEGIC GOAL

6. LEADERSHIP Visionary, collaborative, accountable

STRATEGIC OBJECTIVE

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

SUBJECT INDEX

Council Policies

BUSINESS UNIT

Environmental Services

REPORTING OFFICER

Ranger & Emergency Services Coordinator - Ian McDowell

AUTHORISING OFFICER

Director, Planning and Development Services - Paul Needham

NATURE OF DECISION

Executive: substantial direction setting, including adopting strategies, plans and policies (excluding local planning policies), tenders, setting and amending budgets, funding, donations and sponsorships, reviewing committee recommendations

VOTING REQUIREMENT

Simple Majority

ATTACHMENTS

Attachment a   Council Policy: Shark Hazard Response (Proposed)

Attachment b    Council Policy: 044 Shark Hazard Response (Current)

Attachment c    Council Policy: Shark Hazard Response (Proposed) with Committee Amendments  

 

OFFICER RECOMMENDATION

That the Council adopts the revised Council Policy: Shark Hazard Response (Attachment A), to replace the current Council Policy 044: Shark Hazard Response (Attachment B).

 

Committee RECOMMENDATION

PL2009/356            Moved Councillor L Miles, seconded Councillor G Henley

 

That the Council adopts the revised Council Policy: Shark Hazard Response inclusive of Committee amendments as per Attachment C (as circulated to the Committee), to replace the current Council Policy 044: Shark Hazard Response (Attachment B).

CARRIED 5/0

 

Reasons:              Due to an administrative error, the correct version of the draft Shark Hazard Response policy was not included in the Agenda. The correct version was circulated to Committee Members during the meeting for consideration. Amendments to the draft policy made during the meeting were subsequently agreed to by Committee Members.

 

EXECUTIVE SUMMARY   

This report presents a revised Council Policy: Shark Hazard Response (the Policy) (Attachment A) with the current policy having been reviewed as part of the City’s overall review of its Council policies.

 

BACKGROUND

The existing Council policy: 044 Shark Hazard Response (Attachment B) was developed in October 2015. Upon review, officers consider the current policy contains information that is very much operational in nature.

 

The City has implemented a Policy Framework document, the purpose of which is to provide a structure for the development and maintenance of documents intended to guide the City’s approach to decision making, namely Council Policies, Operational Practices, Work Processes and Guidelines.

 

In early 2019, the City in conjunction with the Shire of Augusta Margaret River, developed and implemented an operational practice (OP) with the aim of providing a consistent local government approach when responding to shark attacks and sightings along the neighbouring coastline. The Shark Hazard Response OP was approved by the City’s Chief Executive Officer and came into force in March 2019.

OFFICER COMMENT

Under the City’s policy framework and structure, a Council policy should provide a strategic statement of the Council’s direction. Following a review of the current policy, it has been determined by officers that much of its content provides information more aligned to the operational functions of responding to shark attacks or shark sightings.

 

The Policy reflects the more strategic aspects of responding to a shark attack, with the operational content having been removed.  The removal of the operational content from the Policy will not impact on the City’s approach to shark attacks or sightings, as these processes are well documented in the City’s Shark Hazard Response OP.

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 recommendation of a Committee it has established under the provisions of section 5.8 of the Act.

Relevant Plans and Policies

There are no relevant plans or policies to consider in relation to this matter.

Financial Implications

There are no financial implications associated with the Officer Recommendation.

Stakeholder Consultation

No external stakeholder consultation was required or undertaken in relation to this matter.

Risk Assessment

An assessment of the potential implications of implementing the Officer Recommendation has been undertaken using the City’s risk management framework, with risks assessed taking into account any controls already in place. No risks of a medium or greater level have been identified.

Options

As an alternative to the proposed recommendation, the Council could ask that officers revise the Policy further taking into account any matters raised by the Council in relation to the City’s shark hazard response.

CONCLUSION

Following a review of the current policy: 044 Shark Hazard Response, it was determined the policy was largely operational in nature and duplicated much of what is already documented in the City’s Shark Hazard Response OP. A revised Policy is presented to Council for endorsement.

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

The Policy will be placed on the City’s website within one week of Council adoption.

 


Policy and Legislation Committee

7

23 September 2020

6.1

Attachment a

Council Policy: Shark Hazard Response (Proposed)

 



Policy and Legislation Committee

9

23 September 2020

6.1

Attachment b

Council Policy: 044 Shark Hazard Response (Current)

 





Policy and Legislation Committee

12

23 September 2020

6.1

Attachment c

Council Policy: Shark Hazard Response (Proposed) with Committee Amendments

 


 


Policy and Legislation Committee                                  14                                                         23 September 2020

9.24am:   At this time, Mr McDowell left the meeting.

6.2             REVIEW OF COUNCIL POLICY: LEGAL REPRESENTATION FOR COUNCIL MEMBERS AND EMPLOYEES

STRATEGIC GOAL

6. LEADERSHIP Visionary, collaborative, accountable

STRATEGIC OBJECTIVE

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

SUBJECT INDEX

Council Policies

BUSINESS UNIT

Governance Services

REPORTING OFFICER

Governance Coordinator - Emma Heys

AUTHORISING OFFICER

Director Finance and Corporate Services - Tony Nottle

NATURE OF DECISION

Executive: substantial direction setting, including adopting strategies, plans and policies (excluding local planning policies), tenders, setting and amending budgets, funding, donations and sponsorships, reviewing committee recommendations

VOTING REQUIREMENT

Simple Majority

ATTACHMENTS

Attachment a   Council Policy: Legal Representation for Council Members and Employees (Proposed)

Attachment b    Council Policy: Legal Representation for Council Members and Employees (Current)  

 

DISCLOSURE OF INTEREST

Date

23 September 2020

Meeting

Policy and Legislation Committee

Name/Position

Cr Ross Paine

Item No./Subject

6.2 Review Of Council Policy: Legal Representation For Council Members And Employees

Type of Interest

Impartiality Interest

Nature of Interest

There has been a recent article in the local newspaper regarding myself and litigation.

 

Committee RECOMMENDATION and Officer Recommendation

PL2009/357            Moved Councillor K Cox, seconded Councillor L Miles

 

That the Council adopts the revised Council policy: Legal Representation for Council Members and Employees at Attachment A, to replace the current Council policy ‘085: Legal Representation for Council Members and Employees’ at Attachment B.

CARRIED 5/0

 

EXECUTIVE SUMMARY

This report presents a revised Council policy: Legal Representation for Council Members and Employees (Attachment A) (the Policy) with officers recommending it replace the current Council policy ‘085: Legal Representation for Council Members and Employees’ (Attachment B).

 

BACKGROUND

Council policy ‘085: Legal Representation - Costs Indemnification Policy’ was implemented in 2008 and amended in 2012, with minor changes made to align the policy with the re-released Department of Local Government Guideline. Further changes were made to the policy in 2017, with the title amended to ‘Legal Representation for Council Members and Employees’. An update to the Council delegation relating to urgent legal representation was also made at this time.

 

The Policy was presented to the Policy and Legislation Committee at the meeting of 25 August 2020. The Committee requested minor amendments to the wording and for the Policy to be returned to the Committee for consideration at its next meeting.

OFFICER COMMENT

The Policy provides strategic guidance and clarity as to when and under what circumstances a Council Member and Employee of the City may receive assistance for legal representation.

 

The Policy has been transferred into the new Council policy template and reviewed by officers, with minor amendments proposed to improve readability and clarity. Additional amendments have also been made in response to feedback from the Policy and Legislation Committee, namely to amend the definition of an Approved Lawyer and to reword paragraphs 5.15 and 5.16 for readability.

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 policies. The Council does this on recommendation of a Committee it has established in accordance with section 5.8 of the Act.

Relevant Plans and Policies

The Department of Local Government has provided an Operational Guideline and model policy in relation to legal representation for Council members and employees. The Policy maintains alignment overall with this model policy.

 

The City has a policy framework which was developed and endorsed by Council in response to the recommendations of the 2017 Governance Systems Review. The framework sets out the intent of Council policies, as opposed to operational documents such as Operational Practices.

Financial Implications

There are no financial implications associated with the Officer Recommendation.

Stakeholder Consultation

No external stakeholder consultation was required or undertaken in relation to this matter.

Risk Assessment

An assessment of the potential implications of implementing the Officer Recommendation has been undertaken using the City’s risk management framework, with risks assessed taking into account any controls already in place. No risks of a medium or greater level have been identified.

Options

As an alternative to the proposed recommendation the Council could require further amendments to the Policy.

CONCLUSION

A revised ‘Legal Representation for Council Members and Employees’ Council policy is presented for Council’s approval.

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

The Policy will be placed on the City’s website within one week of Council adoption.

 

 


Policy and Legislation Committee

16

23 September 2020

6.2

Attachment a

Council Policy: Legal Representation for Council Members and Employees (Proposed)

 





Policy and Legislation Committee

22

23 September 2020

6.2

Attachment b

Council Policy: Legal Representation for Council Members and Employees (Current)

 






Policy and Legislation Committee                                  27                                                         23 September 2020

9.27am:   At this time, Ms Pierson entered the meeting.

6.3             RESCISSION OF COUNCIL POLICY 063 - PRIVATE WORKS MARGIN

STRATEGIC GOAL

6. LEADERSHIP Visionary, collaborative, accountable

STRATEGIC OBJECTIVE

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

SUBJECT INDEX

Council Policies

BUSINESS UNIT

Corporate Services

REPORTING OFFICER

Manager Governance and Corporate Services - Sarah Pierson

AUTHORISING OFFICER

Director Finance and Corporate Services - Tony Nottle

NATURE OF DECISION

Executive: substantial direction setting, including adopting strategies, plans and policies (excluding local planning policies), tenders, setting and amending budgets, funding, donations and sponsorships, reviewing committee recommendations

VOTING REQUIREMENT

Simple Majority

ATTACHMENTS

Attachment a   Council Policy 063 - Private Works Margin  

 

Committee RECOMMENDATION and Officer Recommendation

PL2009/358            Moved Councillor L Miles, seconded Councillor K Cox

 

That the Council rescinds Council Policy 063: Private Works Margin (Attachment A), effective immediately.

CARRIED 5/0

 

EXECUTIVE SUMMARY

This report recommends the rescission of Council policy 063: Private Works Margin (the Policy) (Attachment A), with the Policy having been reviewed as part of the City’s overall review of its Council policies. It is recommended the Policy be rescinded, as the fees and charges outline the fee structure for private works, and the remainder of its content is operational in nature.

 

BACKGROUND

The City is, on occasion, although not regularly, requested to undertake private works, including road reinstatement works. The City’s fees and charges contain a fee for private works and road reinstatement works, which is the full cost plus a margin of 30%. 

 

DESCRIPTION

ADOPTED FEE 2019/20 (Exc GST)

ADOPTED FEE

2020/21 (Exc GST)

ADOPTED FEE 2020/21 (Inc GST)

Reinstatements / Private Works

 

 

 

Road reserves charge for reinstatement of road reserves is the full cost plus profit margin as per Policy

Cost plus 30%

Cost plus 30%

Cost plus 30% plus GST

Private works charge for works requested to be undertaken by City resources is the full cost plus profit margin as per Policy

Cost plus 30%

Cost plus 30%

Cost plus 30% plus GST

 

The Policy was developed to provide additional guidance to officers as to the application of this margin. The Policy was reviewed in 2010, and again in 2016, with only minor amendments made. On review in 2010, the Committee considered rescinding the policy, noting that the fees and charges provide for private works to be levied, however officers felt it provided them with necessary operational guidance and so it was retained.    

OFFICER COMMENT

In response to the Governance Services Review carried out in 2017, the City developed a policy framework to clearly establish the strategic nature and intent of Council policies, as opposed to operational documents.  Since then, Council has been reviewing its Council policies to ensure that they align to the policy framework and that they provide strategic, and not operational, guidance. 

 

The Council have, at a strategic level, adopted a margin for the provision of private works, as per the adopted fees and charges. The fee description sets out a description of private works being “works requested to be undertaken by City resources”. Notably, the margins outlined in the Policy vary from those in the fees and charges. The fees and charges as adopted would apply over the Policy, resulting in sections of the Policy being effectively redundant. 

 

The remainder of the Policy details the operational processes by which quotes are to be provided by the City, and how the customer is to be charged. Given that the fee structure for private works is outlined in the fees and charges, and the operational nature of the Policy, it is recommended that it be rescinded and converted to an Operational Practice. 

 

It is noted that the fee descriptor refers to the profit margin as per Policy. The adopted fee on its own is clear and is not impacted by reference to the Policy, and therefore we don’t feel this reference poses any issues in terms of rescinding the Policy. We will however remove reference to the Policy at the first available opportunity.  

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 recommendation of a committee it has established in accordance with section 5.8 of the Act.

Relevant Plans and Policies

As already outlined, the City has a policy framework which sets out the intent of Council policies. The recommendation to rescind the Policy is in line with that framework.

Financial Implications

There are no financial implications associated with the Officer Recommendation.

Stakeholder Consultation

No external stakeholder consultation was required or undertaken in relation to this matter.

Risk Assessment

An assessment of the potential implications of implementing the Officer Recommendation has been undertaken using the City’s risk management framework, with risks assessed taking into account any controls already in place. No risks of a medium or greater level have been identified.

Options

As an alternative to the proposed recommendation, the Council could choose not to rescind the Policy and direct the CEO to review and update it instead.

CONCLUSION

The objectives of the Policy are reflected (and updated) in the City’s Fees and Charges, with the Policy providing operational guidance to officers, guidance which is better placed in an Operational Practice.  For these reasons, it is recommended that the Policy be rescinded.

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

The Policy will be rescinded and removed from the website within one week of Council’s endorsement.


Policy and Legislation Committee

29

23 September 2020

6.3

Attachment a

Council Policy 063 - Private Works Margin

 


 


Policy and Legislation Committee                                  30                                                         23 September 2020

7.               General Discussion Items

Nil

 

8.               Next Meeting Date

Wednesday, 28 October 2020

 

9.               Closure

The meeting closed at 9.37am.

 

 

 

THESE MINUTES CONSISTING OF PAGES 1 TO 30 WERE CONFIRMED AS A TRUE AND CORRECT RECORD ON Wednesday, 28 October 2020.

 

DATE:______________________  PRESIDING MEMBER:_____________________________