MEETING NOTICE AND AGENDA – 25 January 2023

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, 25 January 2023, commencing at 10.00am.

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.

19 January 2023

Agenda FOR THE Policy and Legislation Committee MEETING TO BE HELD ON 25 January 2023

TABLE OF CONTENTS

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 9 November 2022. 4

6....... Reports. 5

6.1          COUNCIL POLICY REVIEW: MEETINGS, INFORMATION SESSIONS AND DECISION MAKING PROCESSES. 5

6.2          COUNCIL POLICY REVIEW: VARIOUS. 20

7....... Next Meeting Date. 47

8....... Closure. 47

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 9 November 2022

6.               Reports

6.1             COUNCIL POLICY REVIEW: MEETINGS, INFORMATION SESSIONS AND DECISION MAKING PROCESSES

EXECUTIVE SUMMARY

This report presents an amended Council policy: Meetings, Information Sessions and Decision Making Processes (the Policy) (Attachment A). The Policy has been amended to include new provisions for public question time (PQT) during Council and Committee meetings, and also includes new provisions for Public Agenda Presentations (PAP) - previously Public Presentation Sessions - and amended provisions for Community Access Sessions (CAS). Officers recommend it replace the current policy (Attachment B).

BACKGROUND

A policy in relation to council meetings and decision making processes was first implemented in March 2011, as a consolidation of two policies: 005 - Electors and Special Electors’ Meetings, and 246 – Governance Reform. Minor edits were made to the policy in March 2017, with a further review in March 2022, where amendments were made around the functioning of CAS (C2203/060).

At the Ordinary Meeting of Council on 27 April 2022, Council resolved to trial an alternative monthly meeting schedule, with CAS held once a month and a new public agenda presentation session introduced the week prior to the Council meeting.  At the Ordinary Meeting of Council on 21 December 2022 Council resolved to continue with this meeting schedule (C2212/310).

Officers briefed Council in October 2022 and have now prepared the Policy, containing new PQT protocols, new guidelines for PAP and amended guidelines for CAS.

OFFICER COMMENT

The Policy updates the guidelines for how the public is able to present to Council, both formally within a meeting and informally during CAS and PAP.  This Policy is also applicable to all working groups involving Councillors.

Public Question Time

The Local Government Administration Regulations 1996 (the Regulations) requires that each member of the public who wishes to ask a question during PQT is given an equal and fair opportunity to ask the question and receive a response. The City of Busselton Standing Orders Local Law 2018 (the Standing Orders) contains some provisions in relation to PQT, and with an increase in participation from members of the public at Council meetings, officers recommend provisions governing PQT are also added to the Policy to provide further guidance in relation to fairness and equity of PQT.

Regulation 6 of the Regulations sets the minimum time for PQT during Ordinary Meetings of Council as 15 minutes. The practices of other local governments also include a maximum time limit, in recognition that PQT is just one matter of business within a Council Meeting. The Policy proposes a maximum time of 30 minutes for PQT and a maximum of 3 questions per person per PQT. The Policy stipulates the order in which questions are to be heard, generally being the order of registration, with a new pre-registration process for questions also being proposed. The new pre-registration process aims to assist the Presiding Member with the allocation of time.  Additional questions may be permitted by the Presiding Member where time permits.  While not mandatory, the pre-registration of questions will also assist in the provision of responses during PQT.

The Standing Orders sets out instances where the Presiding Member may decide that a question is not to be responded to, which includes where a question is offensive or defamatory or is one which, if asked by an Elected Member, would be in breach of the Standing Orders or any other law.  The Policy seeks to support these provisions by clearly setting out that questions which question the competency or personal affairs of Elected Members or employees will not be considered; given that any such question asked by an Elected Member would be against the City’s Code of Conduct provisions, provisions which stem from regulations.

Public Agenda Presentations

The intent of PAP is to provide members of the public with an opportunity to present to Council on matters on the current Council Agenda – hence the title Public Agenda Presentations. The Policy provides guidance for the function of PAP.

Behaviour Protocols

General Behaviour Protocols, which were included with reference to CAS as part of the review in March 2022, have been amended to be applicable to all Council meetings and forums, including working groups involving Councillors.

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.

Regulation 5 of the Regulations prescribe the meetings which require Public Question Time, with the minimum time for PQT for each of the prescribed meetings stated in Regulation 6. Clause 6.7 of the Standing Orders sets out other procedures for PQT.

Relevant Plans and Policies

The following Departmental guidelines are relevant to the Policy:

·        Department of Local Government and Communities – Local Government Operational Guideline No. 3 – Managing Public Question Time

·        Department of Local Government and Communities – Local Government Operational Guideline No. 5 – Council Forums

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, however research of other local governments has been undertaken.

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.         Choose not to adopt the amended Policy, or

2.         Adopt the Policy with further amendments.

CONCLUSION

Officers are recommending the adoption of the amended Council policy: Meetings, Information Sessions and Decision making Processes, which reflect changes to Council’s meeting structures and include provisions for the improved functioning of PQT in Council and Committee meetings.

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

The Policy will be placed on the City’s website within one week of Council adoption, with the Policy taking effect immediately.  

6.2             COUNCIL POLICY REVIEW: VARIOUS

EXECUTIVE SUMMARY

This report presents four amended Council Policies (the Policies) (Attachments A to E), each having been reviewed as part of the City’s ongoing review of it Council policies. Officers recommend the Policies replace the current Council policies contained in Attachment F.

It is the function of the Policy and Legislation Committee to consider new and review existing Council policies. The City’s Policy Framework sets out an ongoing cycle of policy review, whereby all policies of the Council will be reviewed at least every 3 years, with the aim of determining the ongoing strategic importance and applicability of the policy.

OFFICER COMMENT

The Policies have been reviewed and are considered of ongoing relevance and strategic importance.

Updates have been made to the Strategic Context of the Policies to reflect the changes made in the 2021-2031 Strategic Community Plan, and the Policies have been transferred into the most current Council policy template if required.  Additionally the following minor changes have been made as listed in the below table:

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 officer recommendation aligns to the City’s Policy Framework.  The framework sets out the intent of Council policies, as opposed to operational documents such as operational practices and work procedures.

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 decide not to adopt the Policies or require further amendments to be made to the Policies. 

CONCLUSION

Four Council Policies have been reviewed as part of the City’s ongoing review of it Council policies. Officers recommend these policies replace the current policies of the same name.

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

The Policies will be effective immediately upon adoption by Council.

7.               Next Meeting Date

8.               Closure