banyule city council mayoral election special meeting 28 october 2014

Special Meeting of Council

Council Chambers, Service Centre

275 Upper Heidelberg Road, Ivanhoe

28 October 2014 commencing at 7.00pm

AGENDA

WELCOME - Mr Simon McMillan, Chief Executive Officer

APPOINTMENT OF TEMPORARY CHAIRPERSON

Temporary Chairperson’s Acknowledgement of the Wurundjeri People “Our Meeting is being held on the traditional lands (country) of the Wurundjeri people and I wish to acknowledge them as the traditional owners and pay my respects to their Elders.”

Apologies and Leave of Absence

Disclosure of Interests

REPORTS:

1. Performance - Use Our Resources Wisely

6.1 Mayoral Term.......................................................................................................... 3

6.2 Election of Mayor .................................................................................................... 5

6.3 Consideration of Nominations for Deputy Mayor ..................................................... 8

6.4 Appointment of Councillors on Committees .......................................................... 10

Closure of Meeting

6.1

Performance - Use Our Resources Wisely

Special Meeting of Council - 28 October 2014

6.1 MAYORAL TERM Author: Kellie O'Shea - Senior Governance Officer, City Development

File: F2014/4054

EXECUTIVE SUMMARY

The Local Government Act 1989 (the Act) stipulates that Council must elect a Mayor. Before a Mayor is elected, the Council may resolve to elect a Mayor for a term of two years. Banyule has traditionally elected a Mayor for a one year term. In accordance with section 71 of the Act, Council is required to determine the Mayoral term. A resolution is required to set the term of the Mayor.

OFFICER DECLARATION OF CONFLICT OF INTEREST

Section 80C of the Local Government Act 1989 requires members of Council staff, and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates. Council officers involved in the preparation of this report have no conflict of interest in this matter.

CITY PLAN

This report is in line with Council’s City Plan key direction to “enable good governance and accountability with minimal risk”.

BACKGROUND

In accordance with Section 71(2) of the Local Government Act 1989 Council may resolve to elect a Mayor for a term of either one or two years, but must do so before the Mayor is elected. Banyule has traditionally elected a Mayor for a one year term.

Legislative Context

The election of the Mayor requirements are set out in the Local Government Act 1989 and include: (1) The Councillors must elect a Councillor to be the Mayor of the Council at a

meeting of the Council that is open to the public, (2) Before a Mayor is elected under this section, the Council may resolve to elect a

Mayor for a term of 2 years. (3) The Mayor is to be elected—

(a) after the fourth Saturday in October but not later than 30 November in each year; or

(ab) if under subsection (2), the Mayor is elected for a term of 2 years, the next election of Mayor is 2 years after the fourth Saturday in October but not later than 30 November in the second year after the election; or

(b) as soon as possible after any vacancy in the office of Mayor occurs.

6.1


MAYORAL TERM cont’d


HUMAN RIGHTS CHARTER

In developing this report to Council, the subject matter has been considered to determine if it raises any human rights issues. In particular, whether the scope of any human right established by the Victorian Charter of Human Rights and Responsibilities is in any way limited, restricted or interfered with by the recommendations contained in this report. It is considered that the subject matter does not raise any human rights issues.

CONCLUSION

In accordance with Section 71(2) of the Local Government Act 1989 Council determine the term of the Mayor.

RECOMMENDATION

That Council resolves to elect the Mayor for a term of one year.

ATTACHMENTS

Nil

6.2



6.2 ELECTION OF MAYOR Author: Kellie O'Shea - Senior Governance Officer, City Development

File: F2014/4054

EXECUTIVE SUMMARY

The Mayor is the leader of the Council and has a number of roles which are both legislative and functional. The legislative requirements are outlined in Sections 71 to 73 of the Local Government Act 1989 (the Act).

The Act states that Council must elect a Mayor at a meeting that is open to the public.

The Act states that the Mayor not only takes precedence at all municipal proceedings within the municipality but must also take the chair at all meetings of the Council at which he or she is present.

The Mayor’s role, however, extends well beyond officiating at Council Meetings or other municipal proceedings. Additional important roles are providing leadership, promoting positive relationships, and modelling good governance.

This report relates to the election of the Mayor for Banyule City Council for the 2014/2015 Mayoral term.

CITY PLAN

This report is in line with Council’s City Plan key direction of “enable good governance and accountability with minimal risk” BACKGROUND

The role of the Mayor is one that requires both commitment and leadership. Apart from the roles stated in the legislation, the Mayor is usually the Council spokesperson and has a significant ceremonial role at particular events, including citizenship ceremonies. When the Mayor has been elected by at least a majority vote, the position becomes the leader of all the Councillors whether they supported an individual or not. What this means is that the Mayor has responsibilities towards, and is accountable to, all Councillors and the Mayor’s leadership style should reflect this. The role includes: Community leadership – the Mayor is the principal Council spokesperson. The Mayor takes a leadership role in the community in promoting the Council and its achievements;

http://www.austlii.edu.au/au/legis/vic/consol_act/lga1989182/s73.html



6.2


ELECTION OF MAYOR cont’d


Chairperson of the Council – the Mayor takes precedence at all proceedings of the Council and must take the chair at all meetings at which he or she is present. As chairperson, the Mayor should preside without fear or favour and encourage Councillors to participate effectively in all aspects of the Council’s decision making. The way in which the Mayor chairs council meetings makes a significant contribution to good governance. A well-run meeting that is inclusive and has high standards of governance relies on the mayor’s approach to being chair. Mayors should have a good knowledge of meeting procedures and their council’s meetings local law and Promoting good relationships - Good relationships are the glue for good governance. Councillors particularly rely on the cooperation and support of colleagues and the administration to achieve their goals. This cooperation is based on good relationships, and an understanding and acceptance of each role. The Mayor is in an ideal position to foster positive relationships between the various elements of local government by setting a good example.

Managing and modelling good conduct - The Mayor also has considerable influence in establishing standards of good governance behaviour and ethics. As the leader of Council, the Mayor has an important formal role to play in promoting good conduct and managing poor conduct. In some Victorian Local Government Councillor Codes of Conduct, the Mayor is central to the dispute resolution process. In those cases, the Mayor must oversee the internal processes which deal with any alleged misbehaviour, as well as be involved in recommending referrals to external bodies when necessary. It is critical that the Mayor’s role in these proceedings is characterised by fairness, an appreciation of natural justice, and the awareness of being the leader of all councillors, not just those who are supporters. Civic role – the Mayor performs an important social role and is called upon by community groups to officially open events, etc. LEGISLATIVE REQUIREMENTS

The Local Government Act 1989 requires the Councillors to elect a Councillor to be the Mayor of the Council. The election of the Mayor must not be done by secret ballot. Any Councillor is eligible for election to the office of Mayor. Section 73 of the Local Government Act 1989 sets out the Precedence of the Mayor: (1) The Mayor of a Council takes precedence at all municipal proceedings within

the municipal district. (2) The Mayor must take the chair at all meetings of the Council at which he or she

is present. (3) If there is a vacancy in the office of Mayor or the Mayor is absent, incapable of

acting or refusing to act, the Council must appoint one of the Councillors to be the acting Mayor.

(4) An acting Mayor may perform any function or exercise any power conferred on the Mayor.

Section 72 of the Act outlines the term of office of the Mayor:

(1) The office of Mayor becomes vacant— (a) at 6 a.m. on the day of the election of the Mayor; or

http://www.goodgovernance.org.au/decision-making/the-process/making-the-decision/

http://www.goodgovernance.org.au/decision-making/guiding-principles/natural-justice/

6.2


ELECTION OF MAYOR cont’d


(b) if he or she dies or ceases to be a Councillor; or (ba) if his or her office as a Councillor is suspended for any period under this

Act; or (c) if he or she resigns in writing which is given at a Council meeting or to the

Chief Executive Officer; or

(ca) if he or she becomes ineligible to hold office under section 81K; or (d) if he or she is ousted from office.

(2) For the avoidance of doubt, the office of Mayor becomes vacant under subsection (1)(b) at 6 a.m. on the day of a general election whether or not the Mayor has completed his or her term of office as resolved by the Council under section 71(1).

(3) Any Councillor is eligible for election or re-election to the office of Mayor.

RECOMMENDATION

That nominations be called and the Mayor of Banyule City Council be elected for the period as determined by Council.

ATTACHMENTS

Nil

6.3



6.3 CONSIDERATION OF NOMINATIONS FOR DEPUTY MAYOR

Author: Kellie O'Shea - Senior Governance Officer, City Development

File: F2014/4054

EXECUTIVE SUMMARY

The Local Government Act 1989 does not deal with the election of a Deputy Mayor. Accordingly, Councils may choose to appoint a Deputy Mayor if they believe this will assist their governance. The Act does not prescribe a role or permit a level of remuneration over and above that available to Councillors.

For Councils that have a Deputy Mayor, the position is a titular one and does not have a statutory role. Unlike the roles of Deputy Premier or Prime Minister, a Deputy Mayor is not able to automatically step into the role of Mayor if this becomes necessary. An Acting Mayor must be appointed by Council on each occasion whenever an Acting Mayor is required.

Traditionally Banyule Council has been in favour of appointing a Deputy Mayor to provide support and assistance to the Mayor in undertaking his/her workload.

This report requests Council to consider the appointment of a Deputy Mayor for the 2014/2015 Mayoral term.

CITY PLAN

This report is in line with Council’s City Plan key direction to “enable good governance and accountability with minimal risk”. BACKGROUND

Section 73(3) of the Local Government Act 1989 (the Act) provides for the appointment of an Acting Mayor where there is vacancy in the office of Mayor, or the Mayor is absent, incapable of acting, or refusing to act. The appointment of the Acting Mayor is not a permanent appointment. An Acting Mayor must be appointed each time there is a vacancy in the office of Mayor, or the Mayor is absent, incapable of acting, or refusing to act. A Deputy Mayor does not have any statutory role or function under the Act and cannot automatically deputise for the Mayor with regard to the exercise of these. Banyule, like a number of other Council choose to also elect a Deputy Mayor at the same time as appointing a Mayor. The positon is seen as providing opportunity for other Councillors to deputise for the Mayor on occasions where the Mayor may be unavailable, or to assist the Mayor in undertaking the role. While the Act does not recognise the role of Deputy Mayor, Banyule believes it to be a worthwhile position and has established a duty statement for the role of Deputy Mayor for Banyule.

6.3


CONSIDERATION OF NOMINATIONS FOR DEPUTY MAYOR cont’d


Role of Deputy Mayor The role of the Deputy Mayor is to give effective support to the Mayor and Councillors during the day-to-day function of Council and includes:

The Deputy Mayor assists and supports the Mayor in the day to day duties of Mayor.

The Deputy Mayor would generally act in the position of Mayor (subject to Council resolution) in the absence of the Mayor;

Attendance at functions in place of the Mayor;

Council’s spokesperson in media statements where the Mayor is unavailable and also as otherwise agreed by the Councillors.

RECOMMENDATION

That Council make a determination on the appointment of a Deputy Mayor of Banyule City Council for 2014/2015 Mayoral term.

ATTACHMENTS

Nil

6.4



6.4 APPOINTMENT OF COUNCILLORS ON COMMITTEES

Author: Kellie O'Shea - Senior Governance Officer, City Development

File: F2014/4054

EXECUTIVE SUMMARY

Annually Council appoints Councillor delegates to the Council Advisory Committees and other external committees.

Advisory Committees are made up of Councillors and community members. They have terms of references and meet to discuss issues and advise Council.

In addition to Advisory committees, Council is often invited to participate on a range of external committees in partnership.

Both advisory and external committees provide important linkages between Council, Community and State agencies and interest groups.

Council’s approval of the Councillor appointments to the various committees is required.

CITY PLAN

This report is in line with Council’s City Plan key direction of “enable good governance and accountability with minimal risk”. BACKGROUND

The following Committees are those on which Councillors are asked to be represented. Some of these are Council's Advisory Committees, others are from external organisations where it is valuable for Banyule to have Council input. The following are existing appointments:

BANYULE ADVISORY COMMITTEES EXISTING

DELEGATE

EXISTING

SUBSTITUTE

Age-Friendly Advisory Committee

The initial terms of reference for this committee will

be for the development of an Age-Friendly City Plan

2015- 2018. Following Council’s adoption of the

Plan, the terms of reference will be reviewed along

with membership to the Committee. The Committee

will include representation from Council, Residents,

Community Organisations, Agencies and Service

providers who have a focus on the provision of

services to older people in Banyule and Community

Groups.

Currently Vacant Currently Vacant

6.4


APPOINTMENT OF COUNCILLORS ON COMMITTEES cont’d


BANYULE ADVISORY COMMITTEES CONT’D EXISTING

DELEGATE

EXISTING

SUBSTITUTE

Arts and Cultural Advisory Group

Provide a formal mechanism for Council to consult

with key stakeholders, seek specialist advice and

enable community participation in arts & cultural

planning and development.

Cr Jenny Mulholland

Cr Tom Melican

Asset Management Steering Committee

The purpose of the Asset Management Committee is

to review Council’s Asset Management Strategy to

ensure that it meets the Federal and State

Government initiatives to better manage the planning

and long term maintenance of infrastructure assets.

Cr Steven Briffa

Cr Wayne Phillips

Cr Mark Di Pasquale

Audit Advisory Committee

The role of the Audit Committee is to assist Council in

fulfilling its governance responsibilities by overseeing

compliance with laws and regulations, accountability

requirements, ensuring sound ethical standards are

practised and the necessary systems controls are in

place to manage risks.

Cr Rick Garotti

Cr Mark Di Pasquale

Cr Craig Langdon

Cr Tom Melican

Banyule Bicycle Advisory Committee

This committee with provide advice to on the

implementation of the newly adopted Banyule Bicycle

Strategy 2010-2020 and Implementation Plan and

other related documents/initiatives as well as

providing advice to Council on relevant cycling matters

and raise cycling issues of local, regional or global

interest or concern for consideration by Council.

Cr Tom Melican

Cr Steven Briffa

Banyule Community Plan Implementation

Committee

This committee will monitor the implementation of

the Community Plan. It is made up of representatives

from each of the project groups undertaking the

Community Plan actions and Council to ensure that

communication is maintained between the

Community Plan and Council’s other planning

processes.

Cr Rick Garotti

Cr Mark Di Pasquale

Cr Craig Langdon

Banyule Environment Advisory Committee

(BEAC)

Provide advice to Council and Council staff on the

development, implementation and evaluation of

Council’s key environmental documents and initiatives

including the Environment Strategy and the State of

Environment report and other related

documents/initiatives.

Cr Steven Briffa Cr Tom Melican

Banyule Multicultural Advisory Committee

(BMAC)

The aim of BMAC is to provide Council with advice on

multicultural issues and on the development and

implementation of Council’s Inclusion. Access and

Equity Plan (IAEP).

Cr Rick Garotti Cr Mark Di Pasquale

6.4





DELEGATE

EXISTING

SUBSTITUTE

Banyule Road Safety Committee

This committee will provide advice to Council and

Council staff on the implementation of the newly

adopted Banyule Road Safety Plan 2010-2015 and

other related documents/initiatives as well as

providing advice to Council on relevant road safety

matters and raising road safety issues of local,

regional or global interest or concern for consideration

by Council.

Cr Craig Langdon

Cr Steven Briffa

Cr Tom Melican

Disability & Inclusion Advisory Committee

The aim of BDIAC is to provide Council with advice on

disability and inclusion issues and on the

implementation of Council’s Inclusion, Access and

Equity Framework (IAEF) and Council Disability Action

Plan.

The priority of the committee is to assist with the

development of the 3 year Disability Action Plan

2015-2017.

Currently Vacant Currently Vacant

Early Years Advisory Committee

Its role is to: Contribute to the identification of key

priorities for children and families in Banyule City

Council from a parent/carer perspective; Inform

Council’s planning in response to early year’s issues

and developments; Provide advice in relation to key

early years initiatives and activities; & Participate in

discussions regarding the progression of early

childhood as a priority for our community.

Cr Mark Di Pasquale Cr Jenny Mulholland

Gay, Lesbian, Bisexual, Transgender and

Intersex (GLBTI) Advisory Committee

The aim of the GLBTI committee is to provide Council

with advice and information on issues facing the

GLBTI community and on the development and

implementation of Council’s Inclusion, Access and

Equity Plan (IAEP).

Cr Jenny Mulholland Cr Craig Langdon

Ivanhoe Community Consultative

Committee

The role of the Committee is to identify and direct the

type, level and quantity of land use and development

changes in the Ivanhoe precinct for inclusion in the

Ivanhoe Structure Plan.

Cr Jenny Mulholland

Cr Craig Langdon

Cr Wayne Phillips

Neighbourhood Character Focus Group

To represent Council’s interests on local housing

topics expressed in the Banyule Housing Strategy and

Neighbourhood Character Strategy.

Cr Wayne Phillips

Cr Steven Briffa

Cr Jenny Mulholland

6.4





DELEGATE

EXISTING

SUBSTITUTE

Strategic Property Group

The purpose of this committee is to review the

current and future property requirements of the

Council to ensure that adequate provision is made to

meet future community needs. The committee

reviews current property holdings to ensure that it is

still needed for Council requirements or can be better

utilised for another purpose. The committee also

considers property required for future expansion

related to the GPAC Project.

Cr Mark Di Pasquale

Cr Wayne Phillips

Cr Steven Briffa

Cr Craig Langdon

EXTERNAL COMMITTEES EXISTING

DELEGATE

EXISTING

SUBSTITUTE

Darebin Creek Management Committee

Established to ensure the preservation, restoration,

environmental protection, and ecologically sensitive

development and maintenance of the Darebin Creek

Linear Park.

Cr Craig Langdon Cr Jenny Mulholland

Melbourne’s Valley of the Arts Regional

Tourism Board Inc (MVotA)

To promote the middle Yarra parklands area to

increase recognition of its arts, cultural and

environmental heritage amongst local residents and

visitors to Melbourne.

Cr Craig Langdon Cr Jenny Mulholland

Metropolitan Transport Forum

Provides a framework for strategic regional waste

management planning and a waste management co-

ordination role for waste issues in regions.

Cr Tom Melican

Cr Rick Garotti

Metropolitan Waste Management Group

(MWMG)

Provides a framework for strategic regional waste

management planning and a waste management co-

ordination role for waste issues in regions.

* MWMG Board : On 23 April 2013, the Governor in

Council appointed four Councillors after being elected

by Metropolitan Local Governments' Waste Forum

delegates to represent the 30 metropolitan councils

on the MWMG Board. Councillor Tom Melican was

elected as a Director on the MWMG Board. Their

tenure will run until 28 October 2016.

Cr Craig Langdon

Cr Tom Melican*

Cr Wayne Phillips

Municipal Association of Victoria (MAV) &

Australian Local Government Association

(ALGA)

Provides leadership by supporting local governments

to achieve high levels of respect and recognition

through improved performance.

Cr Jenny Mulholland Cr Tom Melican

6.4




EXTERNAL COMMITTEES CONT’D EXISTING

DELEGATE

EXISTING

SUBSTITUTE

Municipal Association of Victoria (MAV) –

Environment Committee

To provide strategic advice to the MAV on

environment issues of importance to local government

and the needs and issues of members in delivery of

environmental outcomes.

Cr Jenny Mulholland

Cr Tom Melican


Future Growth Reference Group

A reference group to develop a consolidated policy

position for housing planning for greater Melbourne.

Cr Wayne Phillips


Future of Local Government (FOLG)

Strategic Change Group

To collectively establish an agreed future vision for

local government and to develop frameworks and

tools to enable councils to achieve that vision.

Cr Jenny Mulholland Cr Tom Melican

Municipal Association of Victoria (MAV)

Planning Advisory Group & Metro Strategy

Group

To provide strategic advice to the MAV on strategic

and statutory planning issues impacting on Local

Government and to guide MAV policy and position

development on planning related issues.

Cr Tom Melican Cr Jenny Mulholland


Transition Community Working Group

Formed by the MAV to assess the Transition

Community framework and allow communities to

become aware of future global challenges and

encourage them to work together to produce plans to

achieve a transition to a better future at a local level.

Cr Tom Melican

Municipal Association of Victoria (MAV) -

Transport & Infrastructure Advisory

Group

To advise the MAV on strategic infrastructure and

transport issues impacting on local governments and

to assist the MAV to carry forward key policies and

campaigns in this area.

Cr Tom Melican

Cr Mark Di Pasquale

Napier Waller Property Committee of

Management

To manage the restoration of the house, garden and

art collection of the former residence of the artist

Napier Waller.

Cr Jenny Mulholland Cr Craig Langdon

Northern Alliance for Greenhouse Action

(NAGA)

Investigates, develops and coordinates energy saving

and greenhouse gas emissions abatement projects

within the NAGA region.

Cr Tom Melican

6.4





DELEGATE

EXISTING

SUBSTITUTE

Northern Melbourne Regional

Development Australia Committee

An Australian Government initiative that aims to bring

together all levels of government to enhance the

growth and development of regional Australia and to

ensure that the three levels of government work in

partnership to benefit local communities and find

local solutions.

Cr Tom Melican

Northland Structure Plan Steering

Committee

In partnership with Darebin City Council, the

Committee is intended to represent Heidelberg West

and create a Masterplan for Darebin Creek. The

Committee’s vision is for Northland to transform into

a vibrant mixed use activity centre that provides for

future community needs and new development

options in Darebin and Banyule.

Cr Craig Langdon

Olympia Housing Initiative – Community

Liaison Committee

The Olympia Housing Initiative is a ten-year program

to improve housing in the suburbs of Heidelberg

West, Heidelberg Heights and Bellfield, and will

contribute to making better neighbourhoods, to

improving streetscapes and amenity, and to creating

a balanced and sustainable mix of public and private

housing. Community Liaison Committees are

established in major public housing redevelopments to

enhance the stakeholder consultation process and to

enable community participation in the project.

Cr Craig Langdon

Victorian Local Governance Association

(VLGA)

The VLGA is a principal source of democratic and co-

operative leadership to municipalities and associated

community groups. It assists local governments to

maintain peace, order and good government in

Victoria.

Cr Rick Garotti Cr Tom Melican

3081 Connect

(formerly West Heidelberg Neighbourhood

Renewal Steering Committee)

This committee made up of 11 organisation

representatives and 11 residents. The role of the

Committee is to develop a Community Action Plan in

response to the needs of residents and oversee the

implementation and evaluation of the activities in the

plan.

Cr Craig Langdon

Yarra Plenty Regional Library Audit

Committee

A sub committee of the Yarra Plenty Regional Library

Board which advises on financial and risk

management issues.

Cr Jenny Mulholland

Cr Steven Briffa

Cr Craig Langdon

6.4





DELEGATE

EXISTING

SUBSTITUTE

Yarra Plenty Regional Library Board

The Board is made up of two representatives of the

three municipalities (Banyule, Nillumbik, Whittlesea)

that constitute the service. Its role is to set policy and

direction for the regional library service.

Cr Jenny Mulholland

Cr Steven Briffa

Cr Craig Langdon

PORTFOLIOS EXISTING

DELEGATE

EXISTING

SUBSTITUTE

City Development Cr Wayne Phillips N/A

Community Programs Cr Jenny Mulholland N/A

Assets & City Services Currently Vacant N/A

Corporate Services Currently Vacant N/A

RECOMMENDATION

1. That Council determine Councillor delegates to Committees and other bodies.

2. Those Committees and other bodies be advised accordingly.

ATTACHMENTS

Nil

banyule city council mayoral election special meeting 28 october 2014

Documents

election of mayor

mayor requirements

deputy mayor

office of mayor

council officers

year term

members of council staff

local government act