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Policy and Legislation Committee Agenda

 

 

 

28 July 2021

 

 

 

 

 


ALL INFORMATION AVAILABLE IN VARIOUS FORMATS ON REQUEST

city@busselton.wa.gov.au

 

 


CITY OF BUSSELTON

MEETING NOTICE AND AGENDA – 28 July 2021

 

 

 

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 Wednesday, 28 July 2021, commencing at 10.00am.

 

The attendance of Committee Members is respectfully requested.

 

 

DISCLAIMER

Statements or decisions made at Committee meetings 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 Committee meeting.

 

 

 

Mike Archer

 

CHIEF EXECUTIVE OFFICER

 

22 July 2021


CITY OF BUSSELTON

Agenda FOR THE Policy and Legislation Committee MEETING TO BE HELD ON 28 July 2021

TABLE OF CONTENTS

 

ITEM NO.                                        SUBJECT                                                                                                                              PAGE NO.

1....... Declaration of Opening, ACKNOWLEDGEMENT OF COUNTRY 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

5.1          Minutes of the Policy and Legislation Committee Meeting held 26 May 2021. 4

6....... Reports. 4

6.1          FINALISATION OF POLICY RECOMMENDATIONS IN THE GOVERNANCE SYSTEMS (GSR) REVIEW... 4

6.2          PROPOSED COUNCIL POLICY: CHIEF EXECUTIVE OFFICER PERFORMANCE REVIEW... 4

7....... General Discussion Items. 4

8....... Next Meeting Date. 4

9....... Closure. 4

 


Policy and Legislation Committee                                  4                                                                          28 July 2021

1.               Declaration of Opening, ACKNOWLEDGEMENT OF COUNTRY and Announcement of Visitors

 

2.               Attendance 

Apologies

 

3.               Public Question Time

 

4.               Disclosure Of Interests

 

5.               Confirmation and receipt of Minutes

5.1             Minutes of the Policy and Legislation Committee Meeting held 26 May 2021

Recommendation

That the Minutes of the Policy and Legislation Committee Meeting held 26 May 2021 be confirmed as a true and correct record.

 


Policy and Legislation Committee                                  6                                                                          28 July 2021

6.               Reports

6.1             FINALISATION OF POLICY RECOMMENDATIONS IN THE GOVERNANCE SYSTEMS (GSR) REVIEW

STRATEGIC THEME

LEADERSHIP - A Council that connects with the community and is accountable in its decision making.

STRATEGIC PRIORITY

4.2 Deliver governance systems that facilitate open, ethical and transparent decision making.

SUBJECT INDEX

Policies

BUSINESS UNIT

Governance Services

REPORTING OFFICER

Governance Coordinator - Emma Heys

AUTHORISING OFFICER

Director Finance and Corporate Services - Tony Nottle

NATURE OF DECISION

Noting: The item is simply for information purposes and noting

VOTING REQUIREMENT

Simple Majority

ATTACHMENTS

Nil

 

OFFICER RECOMMENDATION

That the Council notes the finalisation of the following recommendations of the Governance Systems Review, subject to the review of one remaining Council Policy – Verges and Public Open Space Improvement Subdivision – being undertaken by the end of 2021:

·    Review all Council policies to meet new objectives.

·    Delete inappropriate Council policies.

·    Review three existing Council protocols.

EXECUTIVE SUMMARY

This report presents an update in finalisation of the recommendations related to Council policies made in the Governance Services Review (GSR) undertaken in August 2017 by Mr John Woodhouse LLB B.Juris. The implementation of the recommendations has been substantially achieved, with this report seeking support for finalisation of the GSR review process.

BACKGROUND

In August 2017, the CEO commissioned a high level independent review of the City’s governance systems and processes, undertaken over a 3 month period by Mr John Woodhouse LLB B.Juris.  As a result of the GSR, Mr Woodhouse identified nine broad topics or areas with opportunities for improvement. The GSR and resulting recommendations for improvement were presented to Council at a briefing in October 2017, where it was agreed that staff would, subject to resourcing, commence implementation of the recommendations. 

 

The GSR recommended improvements in the areas of:

·        Council;

·        Policies and procedures;

·        Procurement and tendering;

·        Supporting local business;

·        Contracts;

·        Misconduct prevention;

·        Codes of conduct; gifts;

·        Local laws; and

·        Internal reporting.

A total of 66 recommendation were made across these nine areas.  Six of these were in relation to Policies and Procedures, and relevantly included the development of a new Council policy that sets out the framework for Council policies, OPP’s and other procedures, and a thorough review of all Council policies. 

OFFICER COMMENT

All three of the recommendations related directly to Council policies have been now completed:

Review all Council policies to meet new objectives

All bar one Council policy has been reviewed. In total 90 policies have been reviewed. The review process has included an update of the policy layout, and the content of policies to ensure they are relevant, fit for purpose and in line with the City’s Policy Framework.  The City’s Policy Framework has been endorsed by this Committee and Council (as an operational document).  The framework sets out the purpose of a Council policy as compared to operational practices and other operational documents.

 

One Council policy – ‘Verges and Public Open Space Improvement Subdivision’ remains to be reviewed. This particular policy is applicable to services and functions provided by several City directorates, including finance, planning and engineering and works services and as such, requires a collaborative approach to its review. Completion of this policy review has been postponed due to other competing priorities in these service areas. An initial session has been scheduled to commence the review process and it is expected to be brought to the Committee for consideration by the end of the 2021 calendar year.

 

The City will now move into a regular policy review cycle , with policies reviewed every three years and / or as required, for instance if there are any relevant legislation amendments necessitating a review, or changes in strategic direction.

Delete inappropriate Council policies

Council policies deemed no longer appropriate, in light of the City’s Policy Framework, or relevant to Council’s strategic direction have been rescinded. In some cases, the information within these rescinded policies has been captured and retained by transfer to an operational practice or guideline.

Review three protocols

The three protocols: Councillors Access to Offices and Employees Protocol (August 2010); Offsite Meetings Protocol (June 2015); and Provision for Items for Debate Information (March 2013) were reviewed and subsequently approved by the CEO to be rescinded. The information contained within the protocols has been included in the Elected Members Guide, to provide direction to Councillors in these areas.

 

The remainder of the GSR recommendations are well advanced and an update will be provided to the Audit Committee.

Statutory Environment

The GSR reviewed the City’s performance against various governance requirements of the Local Government Act 1995 and associated regulations and supports the general function of a local government to provide for the good government of persons in its district.  Comparisons to ‘best practice’ local governments (generally larger metropolitan Band 1 Councils) were also made.   

Relevant Plans and Policies

As a result of the recommendations of the GSR, the City developed a Policy Framework. This framework has guided the review of Council policies.

Financial Implications

There are no financial implications associated with the officer recommendation.

Stakeholder Consultation

External consultation with the Department of Local Government and Cultural Industries, WALGA, and other local government’s has occurred throughout the policy review process, as required.

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 request further (non-routine) review of Council policies be undertaken, noting however that the City will now move into a regular review cycle.

CONCLUSION

The GSR recommendations made in relation to Council policies have now been substantially achieved, with only one Council policy: Verges and Public Open Improvement Subdivision, remaining for a comprehensive review.

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

As this report is for noting purposes, there is no applicable timeline for implementation.  


Policy and Legislation Committee                                  8                                                                          28 July 2021

6.2             PROPOSED COUNCIL POLICY: CHIEF EXECUTIVE OFFICER PERFORMANCE REVIEW

STRATEGIC THEME

LEADERSHIP - A Council that connects with the community and is accountable in its decision making.

STRATEGIC PRIORITY

4.2 Deliver governance systems that facilitate open, ethical and transparent decision making.

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 budgets, strategies, plans and policies (excluding local planning policies); funding, donations and sponsorships; reviewing committee recommendations

VOTING REQUIREMENT

Simple Majority

ATTACHMENTS

Attachment a   Proposed Council Policy - Chief Executive Officer Performance Review  

 

OFFICER RECOMMENDATION

That the Council adopts the proposed Council policy ‘Chief Executive Officer Performance Review’ (the Policy) as per Attachment A.

 

EXECUTIVE SUMMARY

This report presents a proposed new Council policy ‘Chief Executive Officer Performance Review’ (Attachment A) (the Policy) for Council approval. The Policy has been developed to meet the requirements of the Standards for CEO Recruitment, Performance Review and Termination (the Standards) and specifically to, in a transparent manner, set out an agreed process by which the Chief Executive Officer (CEO) performance will be reviewed. 

 

BACKGROUND

Section 5.38 of the Local Government Act 1995 requires a local government to review the performance of the CEO if the CEO is employed for a term of more than one year.

The recently gazetted Model Standards for CEO recruitment, performance and terminations (Schedule 2 of the Local Government (Administration) Regulations 1996) (the Regulations) provides the standard for review of performance of CEO’s. These performance review standards are based on the principles of fairness, integrity and impartiality.

As required by section 5.39B of the Act, Council has adopted the Standards.  The Department of Local Government, Sport and Cultural Industries (the Department) also recommends that Council adopt a policy to set out and guide the performance review process.

OFFICER COMMENT

The Policy outlines the process and principles applicable to review of the CEO’s performance.  The Policy provides for the composition of a review panel and outlines its primary functions and the responsibility of review panel members.  It also details the appointment and role of an independent consultant, guidelines for the setting of performance criteria and broad timeframes for the review process. 


 

The CEO’s contract of employment contains provisions in relation to the CEO’s performance review and the performance review procedure.  These provide for an alternative procedure to be agreed between the Council and the CEO.  Key provisions of the contract have however been incorporated into the Policy, for instance the ability for the CEO to nominate a representative to assist at performance review interviews / meetings. 

It is a requirement of the Regulations that the process by which the CEO’s performance will be reviewed is documented and agreed to by both parties. The content of the policy has been reviewed and agreed to by the CEO.  While there is no requirement to have a Council policy per se in relation to the CEO performance review, just to set out the agreed process in a written document, officers feel the Policy supports transparent governance.

Statutory Environment

Section 5.38 of the Act requires a local government to review the performance of the CEO annually.  Section 5.39B(2), (3), (5) and (6) of the Act relate to adoption of model standards, as contained within Schedule 2 of the Regulations.

Relevant Plans and Policies

Council adopted the City’s Standards for CEO Recruitment, Performance Review and Termination at its Ordinary Meeting on 28 April 2021 (C2104/083).

Financial Implications

There are no financial implications associated with the officer recommendation.  Any independent consultant engaged to assist with the performance review process will be funded from the Members and / or CEO budget.  Adequate funds exist to facilitate this. 

Stakeholder Consultation

No external stakeholder consultation was required or undertaken in relation to this matter, although the City did review the CEO performance review policy of the City of Bunbury.

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:

1.         Decide not to adopt a Council policy for this purpose and instead set out an agreed process in a different form of document.

2.         Require amendments to the content of the Policy.

CONCLUSION

The Standards require the City and the CEO to agree and set out in a written document the process by which the CEO’s performance will be reviewed.  The Policy sets out the process in a transparent manner and provides overall guidance for the conduct of the performance review process.

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

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

 


Policy and Legislation Committee

10

28 July 2021

6.2

Attachment a

Proposed Council Policy - Chief Executive Officer Performance Review

 



 


Policy and Legislation Committee                                  13                                                                        28 July 2021

7.               General Discussion Items

 

8.               Next Meeting Date

 

9.               Closure