Agenda of Extraordinary Council Meeting - Wednesday, 16 October 2024

Councillor Contact Details

Granville Ward
Clr Steve Christou	0419 651 187	Steve.Christou@cumberland.nsw.gov.au
Clr Joseph Rahme	0418 995 471	Joseph.Rahme@cumberland.nsw.gov.au
Clr Ola Hamed	0405 070 007	Ola.Hamed@cumberland.nsw.gov.au
Greystanes Ward
Clr Diane Colman	0400 279 200	Diane.Colman@cumberland.nsw.gov.au
Clr Eddy Sarkis	0425 348 000	Eddy.Sarkis@cumberland.nsw.gov.au
Clr Nadima Kafrouni-Saba	0447 605 158	Nadima.KafrouniSaba@cumberland.nsw.gov.au
Regents Park Ward
Clr Enver Yasar	0497 428 929	Enver.Yasar@cumberland.nsw.gov.au
Clr Helen Hughes	0400 264 534	Helen.Hughes@cumberland.nsw.gov.au
Clr Steve Yang	0448 836 197	Steve.Yang@cumberland.nsw.gov.au
South Granville Ward
Clr Paul Garrard	0414 504 504	Paul.Garrard@cumberland.nsw.gov.au
Clr Ahmed Ouf	0436 936 553	Ahmed.Ouf@cumberland.nsw.gov.au
Clr Glenn Elmore	0418 459 527	Glenn.Elmore@cumberland.nsw.gov.au
Wentworthville Ward
Clr Michael Zaiter	0418 432 797	Michael.Zaiter@cumberland.nsw.gov.au
Clr Suman Saha	0419 546 950	Suman.Saha@cumberland.nsw.gov.au
Clr Sujan Selventhiran	0427 104 940	Sujan.Selventhiran@cumberland.nsw.gov.au

Statement of Ethical Obligations

Oath or Affirmation of Office

In taking the Oath or Affirmation of Office, each Councillor has made a commitment to undertake the duties of the office of councillor in the best interests of the people of Cumberland and Cumberland City Council and that they will faithfully and impartially carry out the functions, powers, authorities and discretions vested in them under the Local Government Act 1993 or any other Act to the best of their ability and judgment.

Conflicts of Interest

A councillor who has a conflict of interest in any matter with which the council is concerned, and who is present at a meeting of the council when the matter is being considered, must disclose the interest and the nature of the interest to the meeting as soon as practicable. Both the disclosure and the nature of the interest must be recorded in the minutes of the Council meeting where the conflict of interest arises. Councillors should ensure that they are familiar with Parts 4 and 5 of the Code of Conduct in relation to their obligations to declare and manage conflicts of interests.

For information on Council services and facilities please visit www.cumberland.nsw.gov.au

Extraordinary Council Meeting

16 October 2024

Item No: EC10/24-1

Commencement of Council Term - Councillor Oath of Office

Directorate: Governance and Risk

Responsible Officer: Director Governance and Risk

Community Strategic Plan Goal: Providing Local Leadership

Summary

This item of business relates to Councillors undertaking the Oath of Office prior to considering any Council business at the commencement of the Council term.

Recommendation

That all Councillors undertake the Oath or Affirmation of Office, in accordance with Section 233A of the Local Government Act 1993.

Report

This item of business relates to Councillors undertaking the Oath or Affirmation of Office prior to considering any Council business at the commencement of the Council term.

Section 233A of the Local Government Act 1993 states the following:

(1) A councillor must take an oath of office or make an affirmation of office at or before the first meeting of the council after the councillor is elected.

(2) The oath or affirmation may be taken or made before the general manager of the council, an Australian legal practitioner or a justice of the peace and is to be in the following form—

Oath I [name of councillor] swear that I will undertake the duties of the office of councillor in the best interests of the people of Cumberland Council and the Cumberland Council and that I will faithfully and impartially carry out the functions, powers, authorities and discretions vested in me under the Local Government Act 1993 or any other Act to the best of my ability and judgment.

Affirmation I [name of councillor] solemnly and sincerely declare and affirm that I will undertake the duties of the office of councillor in the best interests of the people of Cumberland Council and the Cumberland Council and that I will faithfully and impartially carry out the functions, powers, authorities and discretions vested in me under the Local Government Act 1993 or any other Act to the best of my ability and judgment.

(3) A councillor who fails, without a reasonable excuse, to take the oath of office or make an affirmation of office in accordance with this section is not entitled to attend a meeting as a councillor (other than the first meeting of the council after the councillor is elected to the office or a meeting at which the councillor takes the oath or makes the affirmation) until the councillor has taken the oath or made the affirmation.

(4) Any absence of a councillor from an ordinary meeting of the council that the councillor is not entitled to attend because of this section is taken to be an absence without prior leave of the council.

(5) Failure to take an oath of office or make an affirmation of office does not affect the validity of anything done by a councillor in the exercise of the councillor's functions.

(6) The general manager must ensure that a record is to be kept of the taking of an oath or the making of an affirmation (whether in the minutes of the council meeting or otherwise).

All Councillors must undertake an Oath or Affirmation of Office before considering any Council business at a Council meeting.

The General Manager will individually ask each Councillor at the meeting to read out their Oath or Affirmation of Office. Councillors will then be invited by the General Manager to sign their Oath or Affirmation of Office Certificate. This will be noted in the Council meeting minutes, along with a copy of all Councillors signed Oath or Affirmation of Office certificate appended.

Community Engagement

There are no consultation processes for Council associated with this report.

Policy Implications

There are no policy implications for Council associated with this report.

Risk Implications

Councillors must take an Oath or Affirmation of Office prior to considering any Council business at a meeting.

Financial Implications

There are no financial implications for Council associated with this report.

CONCLUSION

Council must now proceed to undertake their Oath of Office to ensure they are compliant with the Local Government Act 1993.

Attachments

1. Councillor Oath/Affirmation

Extraordinary Council Meeting

16 October 2024

Item No: EC10/24-2

Election of Mayor and Deputy Mayor

Directorate: Governance and Risk

Responsible Officer: Director Governance and Risk

Community Strategic Plan Goal: Providing Local Leadership

Summary

This report outlines the procedures for the election of the Mayor and Deputy Mayor (if determined as required), and recommends that Council conduct an election process to accord with the requirements of the Local Government Act 1993.

Recommendation

That Council:

1. Endorse the report.

2. Determine if a Deputy Mayor will be elected and, determine the term of the Deputy Mayor (if required – cannot exceed the term of the Mayor).

3. Determine the method of voting for the Election of the Mayor and Deputy Mayor.

4. Elect a Mayor for the ensuing term to no later than midnight 30 September 2026.

5. Elect a Deputy Mayor for the ensuing term for the period as determined by Council (if required).

Report

Council is required to conduct a Mayoral election within 3 weeks of the Declaration of Results of the Ordinary Council election, in accordance with Section 290 (1)(a) of the Local Government Act 1993.

Deputy Mayors can hold their office for the Mayoral term or a shorter term as specified by the Council’s resolution. It should be noted however, that councils are not required to have a Deputy Mayor. Council has since September 2017, had a Deputy Mayor elected.

Effectively, the Mayor elected will hold office until Council conducts a Mayoral election at a Council meeting in September 2026 as required under Section 290 of the Local Government Act 1993. The Deputy Mayor will hold office for a period in accordance with Council’s resolution, which cannot be longer than the Mayoral term but can be shorter if Council desires.

Nominations

Under the Local Government Act 1993, Councillors may be nominated without notice for election as Mayor or Deputy Mayor. The nomination must be in writing by two or more Councillors (one of whom may be the nominee) and is not valid unless the nominee has indicated consent to the nomination in writing. The nomination forms can be delivered to the Returning Officer any time up to and including the calling of nominations for each election. A copy of the Nomination forms are attached to this report.

Procedures for Mayoral Election

The Mayoral Election will be conducted in accordance with the attached Office of Local Government – Mayoral Election Procedures and Schedule 7 of the Local Government (General) Regulation 2021. Attachment 1 to this report outlines the Office of Local Government – Mayoral Election Fact Sheet. The General Manager is the nominated Returning Officer for the election of Mayor and Deputy Mayor. The Director Governance and Risk will assist the Returning Officer with the election process.

The Returning Officer will indicate that the election will be conducted in accordance with the Local Government Act and Regulation. Council is to determine the method of voting to be used for the election of Mayor and Deputy Mayor.

If only one Councillor is nominated, that Councillor is duly elected. If more than one Councillor is nominated, Council is to proceed to determine the method of voting via one of the following options:

· Open voting – i.e. by show of hands.

· Ordinary ballot – i.e. a secret ballot (place an “X” against the candidate of their choice);

· Preferential ballot – i.e. place 1, 2, 3 etc. against each candidate;

Open voting is the most transparent method of voting at Council meetings. It allows the community to see and understand the voting that has occurred. It is also the voting method which reflects normal Council voting methods. If Council decided to conduct the election by preferential or ordinary ballot, then the General Manager will conduct the election as outlined in the Regulations and as per the attached Office of Local Government – Mayoral Election Procedures.

Once the Mayor is declared elected by the Returning Officer, the Mayor takes up his or her seat. The Mayor will then ask the General Manager to conduct the election of Deputy Mayor (if required).

The Returning Officer (General Manager) then conducts the voting for Deputy Mayor in the same method as above.

Committee Representation

Following the Mayoral election, in the event of a change in Office, any Committees or external bodies where the Mayor is Council’s representative will be notified accordingly.

Council Meeting Schedule

It is recommended that Council adopt a meeting schedule for the remainder of 2024 and for the calendar year of 2025. This proposed schedule is attached as Attachment 4. It is recommended that Council meet a minimum of 10 times per year, with the recess period being December/January. Council will generally meet on the fourth Wednesday of each month, unless a meeting date clashes with other engagements. Should Council wish to hold additional meetings, these can be scheduled under the Extraordinary Council meeting provisions under Clause 3.2 of the adopted Code of Meeting Practice.

Community Engagement

The result of the election (including the name of the candidate elected as Mayor or Deputy Mayor) is:

(a) To be declared to the councillors at the council meeting at which the election is held by the returning officer, and

(b) To be delivered or sent to the Director-General and to the Secretary of the Local Government and Shires Associations of New South Wales.

Council will clearly publicise and communicate the results of the election as required, as well as the schedule of meetings for 2024/25.

Policy Implications

There are no policy implications for Council associated with this report.

Risk Implications

Council must elect a Mayor at this meeting as scheduled in accordance with the Local Government Act 1993. If Council fails to elect a Mayor in accordance with the Act, the Governor may appoint one of the Councillors as Council’s Mayor in accordance with Section 290 (2) of the Act.

Financial Implications

There are no financial implications for Council associated with this report.

CONCLUSION

The Election of the Mayor and Deputy Mayor (if required) must be undertaken in accordance with the Local Government Act 1993 and the Schedule 7 of the Local Government (General) Regulation 2021 at this meeting.

Attachments

1. OLG Fact Sheet - Mayoral Election Process

2. Extract - Local Government (General) Regulation 2021

3. Nomination Forms

4. Proposed Council Meeting Schedule

Extraordinary Council Meeting

16 October 2024

Item No: EC10/24-3

Decision on Council Opt in for Countback Elections

Directorate: Governance and Risk

Responsible Officer: Director Governance and Risk

Community Strategic Plan Goal: Providing Local Leadership

Summary

This report presents to Council for determination the ability to determine any vacancy in office in the first 18 months of this Council term by way of countback, in accordance with Section 291A of the Local Government Act 1993.

Recommendation

That pursuant to Section 291A(1)(b) of the Local Government Act 1993 (the Act), Cumberland Council declares that casual vacancies occurring in the office of a councillor within 18 months after the last ordinary election of councillors for the Council on 14 September 2024 are to be filled by a countback of votes cast at that election for the office in accordance with Section 291A of the Act and directs the General Manager to notify the NSW Electoral Commission of the Council’s decision within 7 days of the decision.

Report

Council has the option of using a countback of votes cast at the last ordinary election to fill casual vacancies occurring in the offices of councillors in the first 18 months after the election.

This allows councils who opt in to use a countback to fill vacancies at a significantly lower cost than the cost of holding a by-election. To exercise the option of using a countback to fill casual vacancies occurring in the first 18 months following the election, councils must resolve, at their first meeting after the election, to use a countback to fill casual vacancies. If councils do not resolve this at the first meeting after the election, they will be required to fill casual vacancies through a by-election.

Where councils resolve to fill casual vacancies using a countback in the first 18 months of their terms, the general manager is required under the Local Government (General) Regulation 2021 (the Regulation) to notify the election manager of the council’s ordinary election of the council’s resolution within 7 days of the resolution. Councils election manager is the NSW Electoral Commissioner.

Countbacks are not available to fill casual vacancies in the office of a councillor where:

· The councillor who vacated office was elected at an election using the optional preferential voting system (i.e. elections where only one civic office is required to be filled such as the election of popularly elected mayors), or

· The councillor was elected at an uncontested election. A by-election must be used to fill these vacancies.

A countback election is used to elect a Councillor to fill a single vacancy, where the vacating councillor was elected under the proportional representation method (i.e. where two or more candidates were elected at a local government ordinary election). If there are multiple vacancies, a separate countback election is held for each vacancy.

The Returning Officer contacts all unelected candidates from the local government ordinary election who may still qualify to be elected to the office of councillor. Where the candidate is interested, they must submit a formal application to the returning officer.

All candidates who submit and do not withdraw their application, become eligible candidates. Given Council’s 2024 ordinary election was conducted by the NSW Electoral Commission, the Returning Officer must be appointed by the NSW Electoral Commission.

Section 291A of the Local Government Act 1993 outlines the legal framework for Council and it states:

Countback to be held instead of by-election in certain circumstances

291A Countback to be held instead of by-election in certain circumstances

(1) This section applies to a casual vacancy in the office of a councillor if--

(a) the casual vacancy occurs within 18 months after the date of the last ordinary election of the councillors for the area, and

(b) the council has at its first meeting following that ordinary election of councillors, by resolution, declared that any such casual vacancy is to be filled by a countback of votes cast at the last election for that office.

(2) This section does not apply to a casual vacancy in the office of a councillor if the councillor who vacated office was elected--

(a) in an election using the optional preferential voting system (including the election of a mayor elected by the electors of an area), or

Note: See section 285 (Voting system for election of councillors).

(b) in an election without a poll being required to be held.

Note: See section 311 (Uncontested elections).

(3) A casual vacancy to which this section applies is to be filled by a countback election conducted in accordance with the regulations.

(4) A countback election to fill a casual vacancy to which this section applies must be conducted--

(a) if the election at which the person whose departure created the casual vacancy was elected was administered by the Electoral Commissioner--by a returning officer appointed by the Electoral Commissioner, or

(b) if the election at which the person whose departure created the casual vacancy was elected was administered by a returning officer appointed by an electoral services provider engaged by the council--by a returning officer appointed by the electoral services provider.

(5) If a countback election fails or the returning officer is otherwise unable to fill the casual vacancy by a countback election--

(a) the returning officer must notify the general manager of the council concerned, and

(b) a by-election in accordance with this Part must be held to fill the casual vacancy.

(5A) If an electoral services provider engaged by the council is unable to appoint a returning officer for the purposes of subsection (4)(b), a by-election in accordance with this Part must be held to fill the casual vacancy.

(6) This section does not apply to a casual vacancy in the office of a councillor if the vacancy occurs before the day prescribed for the purposes of this section by the regulations.

Importantly, Council can still opt to conduct a by-election even if it resolves to utilise the Countback method at its first Council meeting in the event of a vacancy within 18 months of the declaration of results. Council could do this via rescinding its earlier resolution to utilise countback. Council cannot, however, utilise the countback method where it has not resolved to do so at its first meeting of the Council term or utilise the countback method again once it has rescinded its resolution if made at the first Council meeting of the term.

The recommended resolution has been taken from the Office of Local Government – Council Post Election Guide.

Countback Timeline

The timeline for a countback election is:

1. The Electoral Commissioner is notified of a casual vacancy, within seven days of it occuring.

2. A returning officer is appointed within 14 days of the notification of the vacancy.

3. Casual vacancy notices are issued 2 to 14 days from the appointment of the returning officer.

4. Where a candidate is interested, they must submit a formal application to the returning officer. The application period closes after 10 days of the notices being issued.

5. The countback is conducted within 14 days of the vacancy notices being issued.

6. It may take up to a month for the results to be declared.

A countback election must be completed within 49 days, and applications for candidates to participate is open for 10 days.

If there are no eligible candidates, an attendance by-election must be held. If there is only one eligible candidate, that candidate is elected. If there are multiple eligible candidates, a countback election is conducted. In a countback election, the returning officer:

· uses preference data from ballot papers from the previous local government ordinary election

· uses the same proportional representation method used in the original election

· effectively re-runs the election making the vacating councillor ineligible and distributing each of their ballot papers to the next preference on the ballot paper

· if a non-eligible candidate would be elected, the election is re-run with that candidate’s ballot papers also distributed to their next preference on the ballot paper

· re-runs the countback until an eligible candidate is elected.

Eligible candidates and the council are then notified of the result.

If a casual vacancy occurs in office within 18 months of an ordinary election date, then Council can apply to the Minister to seek to dispense the requirement of a by-election in accordance with S.294 of the Local Government Act 1993.

It now recommended that Council determine whether or not it will opt in to the use of countback for the 18 months post the 14 September 2024 election.

Community Engagement

There are no consultation processes for Council associated with this report.

Policy Implications

There are no policy implications for Council associated with this report.

Risk Implications

There are no risk implications for Council associated with this report.

Financial Implications

The cost of a by-election in one ward can be upwards of $300,000 – $350,000 in cost. This cost can be alleviated by Council utilising the countback method. A small cost is associated with the appointment and payment of a Returning Officer to conduct the count back process, estimated by staff at approximately 5% of the by-election cost.

CONCLUSION

It is now recommended that Council proceed to determine this matter.

Attachments

1. Extract - OLG 2024 Post-election Guide

2. Extract - Local Government (General) Regulation 2021

Extraordinary Council Meeting

16 October 2024

Item No: EC10/24-4

Councillor Representation on Main Committees and Key External Bodies

Directorate: Governance and Risk

Responsible Officer: Director Governance and Risk

Community Strategic Plan Goal: Providing Local Leadership

Summary

This report recommends that Council determine its representation on Councils main Committees and key external bodies, to ensure continuity of Council’s core operations in the immediate.

Recommendation

That Council nominate Councillor representation for its existing main statutory/Councillor advisory Committees and External Bodies as follows:

· Audit, Risk and Improvement Committee (One Councillor – the Mayor cannot be nominated)

· Local Traffic Committee (One Councillor as Chairperson and one Alternate Councillor)

· Property Committee (Four Councillors in addition to the Mayor)

· Parramatta Park Community Trustee Board – (One member as a community representative – formerly the Mayor)

· Sydney Central City Planning Panel – (Two members, and two alternate members)

· Western Sydney Region Organisation of Councils (WSROC) Board (Two Councillors and Two Alternate Councillors as Directors on the Board

Report

This report recommends that Council determine its representation on Councils main Committees and external bodies where Council is officially represented for the Council term, to ensure continuity of Council’s core operations.

A full report detailing the operations of all community advisory and Section 355 Local Government Act Committees, as well as appointments on other external bodies, will be provided at a future Council meeting for Council’s determination, given these advisory Committees are all to be reviewed at the commencement of the Council term.

The objective of each Committee/representation on external bodies is noted below:

Audit, Risk and Improvement Committee provides independent assurance to Council by monitoring, reviewing and providing advice about Council’s Financial performance and audit, governance processes, compliance, risk management and control frameworks, external accountability obligations and overall performance. The ARIC is a statutory Committee, required under the Local Government Act 1993. In accordance with recent changes to the Office of Local Government’s Audit and Risk Management Framework, One Councillor is appointed to the ARIC, in a non-voting capacity.

Cumberland Local Traffic Committee makes recommendations, and provides advice to Council on the technical aspects of proposals to regulate traffic on local roads within the Cumberland Local Government Area (LGA) prior to Council exercising its delegated authority. In making its recommendations and providing its advice the Committee is to consider only the technical merits of a proposal and ensure that the proposal meets current technical guidelines. Council is to nominate one Councillor as Chairperson who typically Chairs the Traffic Committee, and another as an alternate member. The Committee typically also has representatives from the NSW Police, Roads and Maritime Services, and the State MP’s Office.

Cumberland Property Committee was formed to advise Council on the strategic use and disposal of Council owned land, operational and community land and matters related to Council properties and future land acquisitions by the Council. There are 5 Councillors on the Committee, one of which is the Mayor. The Committee also has one independent Property Specialist in an advisory role.

Parramatta Park Community Trustee Board has been established to provide advice and recommendations to the Greater Sydney Parklands Trust (GSPT) in relation to Parramatta Park. The role of the board is to provide advice, input and recommendations to planning, processes and policies that may impact future amenity and public access to the parklands as well as the ongoing management of the parklands. Council has one community representative on the board, along with City of Parramatta Council who also has one representative. For Cumberland, this was formerly, the Mayor.

Sydney Central City Planning Panel is an independent body that strengthens decision making on regionally significant development applications and other planning matters including certain planning proposals and Aboriginal land planning. Determinations made by the Planning Panels are not subject to the direction of the Minister for Planning. Council is to nominate two Council members on this Panel, and two alternate members.

Western Sydney Region Organisation of Councils (WSROC) Board represents the councils and communities of Greater Western Sydney, as well as developing resource sharing and other co-operative projects between member councils. WSROC also manages a number of projects, which are either funded jointly by its members or from external sources. Council is to nominate two Councillors as Director nominations to the board, and two alternate Councillor members.

Following this report being determined, Council’s Director Governance and Risk will be in touch with relevant Councillors in relation to the requirements associated with any new appointments resolved by Council. The relevant boards and Committees will also be notified of any changes to Council’s appointments.

Community Engagement

There are no community engagement implications for Council outlined in this report. The relevant boards and Committees will also be notified of any changes to Council’s appointments.

Policy Implications

This report has been prepared in accordance with the attached Terms of Reference and Constitution/Operational Procedure documents.

Risk Implications

There are risk implications associated with this report if Council proceeds into the future with lapsed representation on Committees, particularly where Councillors have not been re-elected.

Financial Implications

There are no financial implications for Council associated with this report.

CONCLUSION

This report seeks Council’s determination on Councillor representation on main statutory Committees and external bodies, to ensure continuity of business. It is now recommended that Council determine its appointments.

Attachments

1. ARIC Terms of Reference

2. Cumberland Local Traffic Committee Terms of Reference

3. Cumberland Property Committee Terms of Reference

4. Parramatta Park Community Trustee Board Terms of Reference

5. WSROC Constitution

6. Sydney District & Regional Planning Panels Operational Procedures

Extraordinary Council Meeting

16 October 2024

Item No: EC10/24-5

Annual Disclosure of Pecuniary Interest Returns for Councillors & Designated Persons

Directorate: Governance and Risk

Responsible Officer: Director Governance and Risk

Community Strategic Plan Goal: Providing Local Leadership

Summary

This report outlines the tabling of Disclosure of Pecuniary Interest Returns lodged by Councillors and Designated Persons in accordance with Schedule 1 of the Model Code of Conduct for Local Councils in NSW (the Model Code of Conduct).

Recommendation

That Council note the confidential tabling of the Annual Disclosure of Interest Returns, in accordance with requirements under cl. 4.25 of the Code of Conduct.

Report

Clause 4.25 of Council’s Code of Conduct requires that Disclosure of Interest Returns lodged by Councillors and Designated Persons are to be tabled by the General Manager at the first available Council meeting following 30 September, for designated persons as at 30 June each year.

A ‘designated person’ is described in Clause 4.8 of the Model Code of Conduct as:

· the general manager

· other senior staff of the council for the purposes of section 332 of the LGA

· a person (other than a member of the senior staff of the council) who is a member of staff of the council or a delegate of the council and who holds a position identified by the council as the position of a designated person because it involves the exercise of functions (such as regulatory functions or contractual functions) that, in their exercise, could give rise to a conflict between the person’s duty as a member of staff or delegate and the person’s private interest

· a person (other than a member of the senior staff of the council) who is a member of a committee of the council identified by the council as a committee whose members are designated persons because the functions of the committee involve the exercise of the council’s functions (such as regulatory functions or contractual functions) that, in their exercise, could give rise to a conflict between the member’s duty as a member of the committee and the member’s private interest.”

Accordingly, the returns for the period ended 30 June 2024 are tabled for information. It is noted that newly elected Councillors must lodge their returns within 3 months of the declaration of election results date. These returns are not included in this report and will be tabled at a future Council meeting.

Community Engagement

There are no consultation processes for Council associated with this report.

Policy Implications

The tabling of Annual Disclosure of Interests Returns ensure Council is in full compliance with the requirements outlined in its adopted Code of Conduct.

Risk Implications

By finalising these returns, Council is adhering to its compliance requirements under the Code of Conduct as prescribed under the Local Government Act 1993.

Financial Implications

There are no financial implications for Council associated with this report.

CONCLUSION

The Annual Disclosure of Interest Returns are tabled to Council for information, in accordance with Council’s obligations under the Code of Conduct as prescribed under the Local Government Act 1993.

Attachments

Nil

Extraordinary Council Meeting

16 October 2024

Item No: EC10/24-6

New Councillor Conduct and Meeting Practices Framework - Office of Local Government Discussion Paper

Directorate: Governance and Risk

Responsible Officer: Director Governance and Risk

Community Strategic Plan Goal: Providing Local Leadership

Summary

Council is aware via the Office of Local Government that a new discussion paper has been released on a new proposed Code of Conduct and Meeting Practices Framework. The discussion paper seeks to significantly reform the Councillor Code of Conduct, and procedures within Council meetings. This report seeks to inform Council of these proposed changes, in early form.

Recommendation

That Council receive the report.

Report

Proposed reforms to the Code of Conduct would streamline the code of conduct down to 2-3 pages similar to the State Parliamentary code, and outline clear expectations of behaviour elected councillors. The existing Code of Conduct for Council staff, would remain unchanged under this proposal.

The new code of conduct system would see minor complaints about councillor misbehaviour dealt with by a councillor’s peers and leave serious matters relating to conflicts of interest to be examined by the Office of Local Government.

The NSW government is also putting forward reforms to improve transparency of council meetings to ensure decisions are being made openly and in the best interests of the community as a whole.

Key reforms outlined in the discussion paper, some of which would require changes to the Local Government Act 1993, include:

• Establishing a local government privileges committee of experienced councillors with mayoral experience to assess complaints made against councillors for misbehaviour, consistent with practices in other tiers of government (where the conduct does not meet the threshold for police or referral to another investigative body or tribunal)

• Removing private investigators from the councillor conduct process, while strengthening the investigative capability of the Office of Local Government to investigate and prosecute legitimate complaints (such as issuing penalty infringement notices where conflict of interest declarations have not been made)

• Banning private councillor briefing sessions, except in very limited circumstances

• Strengthening lobbying guidelines for local government

• Giving mayors more power to expel councillors from meetings for acts of disorder and remove their entitlement to receive a fee in the month of their indiscretion

The discussion paper is now open for community and sector feedback and is attached to this report. Council’s administration is broadly supportive of the changes proposed. Council’s Internal Ombudsman Shared Service is preparing a submission on behalf of its member Councils. Submissions can be made until 15 November 2024.

It is expected that a new Code of Conduct will be prescribed to Council’s in Mid-2025, with Council’s typically given 6 months to adopt the new Model Code, based on previous changes made in 2020. Changes to the Model Code of Conduct will likely impact the Model Code of Meeting Practice also.

As this matter progresses, Councillors will be kept informed by the General Manager.

Community Engagement

The Draft Councillor conduct and meeting practices discussion paper is currently open for community and Council consultation until 15 November 2024.

Policy Implications

Changes to the Model Code of Conduct will be required to be adopted by Council in future once enacted, superseding the current Code of Conduct. Legislative changes to the Local Government Act 1993 will be required to be passed in Parliament to give effect to the new framework.

Risk Implications

There are no risk implications for Council associated with this report.

Financial Implications

There are no financial implications for Council associated with this report.

CONCLUSION

The proposed changes to the Code of Conduct are significant in nature. This report informs Council of these changes. Councillors will be kept informed as the matter progresses.

Attachments

1. Councillor Conduct and Meeting Practices Discussion Paper

Extraordinary Council Meeting

16 October 2024

Item No: EC10/24-7

Local Government NSW Annual Conference 2024

Directorate: Governance and Risk

Responsible Officer: Director Governance and Risk

Community Strategic Plan Goal: Providing Local Leadership

Summary

This report is prepared in accordance with the adopted Councillor Expenses and Facilities Policy, and outlines the details of the Local Government NSW (LGNSW) Annual Conference 2024. The report requests that Council nominate up to 10 Councillors to attend as voting delegates and give consideration to potential motions for lodgement.

Recommendation

That Council:

1. Nominate the Mayor and/or Councillor(s) to attend the Local Government NSW Annual Conference 2024 as nominated voting delegates; and

2. Give consideration to submitting motion(s) to the Local Government NSW Annual Conference 2024.

Report

The Local Government NSW (LGNSW) Annual Conference is an annual policy-making event for NSW general-purpose councils, where local councillors across NSW Council’s convene to share ideas and debate issues that influence the way councils are governed. Cumberland City Council is a financial member of Local Government NSW and is eligible to send representation to the Conference.

The LGNSW Annual Conference 2024 will be held from Sunday, 17 November 2024 to Tuesday, 19 November 2024 at the Tamworth Regional Entertainment and Conference Centre in Tamworth, NSW.

Motions may be submitted for consideration at the Conference and must be submitted, at latest, by Sunday, 20 October 2024. For a motion to be included in the Business Paper, it must meet the criteria detailed in the LGNSW 2024 Annual Conference Motion Submission Guide (Attachment 1).

When submitting motions to be considered at the Conference, a copy of the Council resolution or the signature of the Mayor and General Manager on Council letterhead must be provided to enable lodgement.

All Councillors are able to attend the conference if they wish, however Council is entitled to register up to 10 voting delegates to the Conference, and must determine these Councillors. LGNSW must be provided with the names of nominated voting delegates by 5pm (AEDT) on Wednesday, 6 November 2024. It is now recommended that Council proceed to determine its nominated voting delegates for the conference.

Community Engagement

There are no consultation processes for Council associated with this report.

Policy Implications

The Local Government NSW Annual Conference 2024 is the key policy development conference for the local government sector. Councillor attendance at the Local Government NSW Annual Conference is provided for under the Councillor Expenses and Facilities Policy.

Risk Implications

There are no risk implications for Council associated with this report.

Financial Implications

Councillor attendance to the Local Government NSW Annual Conference 2024 is provided for under the Councillor Expenses and Facilities Policy and is budgeted within the 2024/25 annual budget.

CONCLUSION

The Local Government NSW Annual Conference is the key policy-making event for the local government sector. To ensure representation and participation at this key event, this report recommends that Council nominate Councillors to attend as voting delegates and consider submitting motions to be debated at the Conference.

Attachments

1. LGNSW 2024 Annual Conference Motion Submission Guide