Non-compliance with quasi-judicial principles could result in council decisions being invalidated. Ordinary council meetings are formal meetings of the elected council members and are required to be open to the public although under certain conditions, council meetings can be closed under provisions of the Act.
In order to promote the transparency and accountability required for good governance the closed meeting provisions should be applied as infrequently as possible. See also 5. Good decision making at a council meeting is enhanced when the meeting is well run. This requires a clear and informative agenda paper, good chairing and facilitation, adherence to meeting procedures and to statutory requirements.
There should also be a strong commitment to the principle of council meetings being open to members of the public so that they are fully informed and, where appropriate, involved in the decisions and affairs of the council.
Section 5. Ordinary meetings are to be held not more than three 3 months apart. Council meetings are, as a rule, held at the public office of the local council. It is acceptable to conduct a meeting in a place other than the public office. To do this the council must pass a resolution to determine another meeting place. The foremost consideration when it comes to start time should be the convenience of the elected members to attend, taking into account matters such as employment and business commitments, carer responsibilities and safety issues e.
Scheduled early evening meetings allow elected members and members of the public with daytime jobs the opportunity to attend meetings. When required, a special meeting of council may be called by the Mayor or President or by at least one third of the councillors. The CEO will convene the special meeting and arrange public notice if the meeting is to be open to the public. A special meeting requires that:. Although special meetings of council are to be open to members of the public, if in the opinion of the CEO it is not practicable to advertise the details of the meeting in the newspaper, then a public notice providing the details and purpose of the meeting must be given by whatever means the CEO considers to be practicable e.
See s5. The Act enables councils section 5. Committee members can include elected members, employees and members of the public in a variety of combinations. Committees can operate with council delegated decision making powers or solely on an advisory basis.
The record of meeting attendance must contain the name and other required details of any member not physically present who has been approved by council absolute majority required to attend a council or committee meeting by telephone, video conference or by other electronic means Administration regulations 11 a and 14A.
For the purposes of Administration regulation 14A, a person who is not physically present at a council or committee meeting is to be taken to be present if;. A council cannot grant its approval for non-physical attendance if to do so would mean that at more than half of the meetings of the council or the committee, as the case may be, in that financial year, a person was taken to be present, in accordance with regulation 14A.
It is recommended that such applications to council should be in writing. A person is taken to be no longer in attendance at a meeting if they cease to be in instantaneous communication with each other person present at the meeting. Any such cessation in attendance of a person not physically in attendance must be recorded in the minutes in the chronological order it occurs. The effect of such a cessation on the quorum requirements must be carefully monitored and action taken as necessary.
For a person to non-physically attend a council or a committee meeting, the council has to approve by absolute majority a suitable place for the person to be physically present at during the course of the specific meeting. A suitable place prescribed by Administration regulation 14A 4 , is one that is located;.
The minutes must also confirm that such approval was adopted by absolute majority. Note: It is not possible to use regulation 14A to allow an elected member who is outside the State of Western Australia to participate in a meeting. Administration regulation 14B 1 provides for a council member to be recorded in the minutes of a council meeting as being present if they are prevented from physically attending a council meeting by fire, flood, storm, lightning or other natural disaster.
The member must be continuously and simultaneously in audio contact with each other person present at the meeting by telephone or other instantaneous communication means and the member must have the authorisation to be present from the Mayor or President, or from the council simple majority decision. Any such cessation in attendance of a person not physically in attendance must be recorded in the minutes in the chronological order it occurs and the effect of this on the quorum requirements carefully considered and action taken as necessary.
The place where the member prevented by the natural disaster from attending the council meeting is physically present during the meeting, is not a place that is open to the public to attend. Administration regulation 14B 3. Local governments should adopt procedures for handling applications from elected members seeking approval for attendance at council or committee meetings by telephone, video conference or other electronic means, that include requirements such as applications preferably to be in writing, and for the clear identification of the location of the nominated suitable place.
A well-functioning local government is an excellent example of the elected council and its supporting administration working together to produce the best results for the community.
The council and the administration come together at meetings, where the council members use their combined knowledge and experience, coupled with the advice of the administration, to make decisions for the good governance and the betterment of the community they serve. The agendas that drive council meetings, and the minutes that record the decision-making process and the actual decisions, are arguably the most important records produced by local governments.
With well-structured agendas a council can have meetings that are efficient and effective in that they produce good decisions that are made following analysis of sound advice and constructive debate.
At the end of such meetings those involved should be satisfied that the local government and community have gained maximum benefit from the valuable time that has been contributed. A well-structured agenda is directed towards decision-making and will not include superfluous information or items. It is generally agreed that short, sharp meetings directed towards decisions are the ones most likely to achieve good results.
One of the requirements of the Act s5. At council and committee meetings elected members will generally discuss and debate strategic issues associated with these plans and avoid the detail of operational matters and the day-to-day management of council, which is the responsibility of the CEO.
If strategic planning links cannot be identified on agenda items, it is reasonable to ask why council is discussing or debating such issues. Using the power of delegation appropriately assists local government to efficiently deal with a wide range of operational matters that are minor, administrative in nature and time consuming.
The use of delegation can free up the full council meeting to devote more time and energy to key strategic policy issues. For example, the council can delegate to the CEO the authority to pay accounts up to its determined amount. A wide range of powers may be delegated under sections 5. The Act has been framed in a way that determines whether powers and duties can be delegated or not. Other legislation, such as the Bush Fires Act , has specific provisions covering delegations available to local governments.
Ordinary meetings of council should usually consider high level and strategic matters linked to strategic and operational plans. It is essential to prioritise agenda items in a way that identifies the key strategic issues. A well-structured agenda assists elected members to get the most out of their meetings, enabling them to make informed decisions that come from analysis of sound advice and constructive debate.
As required under section 5. Setting aside sufficient time to prepare for the meeting, pursuing additional information and consulting with stakeholders within the community is essential. It is recommended that for ordinary council meetings, members allocate specific preparation time in their diaries once meeting dates have been set.
Good time management practices and habits for elected members, such as the following, will assist their meeting preparation:. Most council and committee meetings to which a local government power or duty has been delegated, will be open to the public.
However section 5. If these matters are known in advance, it should be clearly listed on the agenda as a matter that will be considered while the meeting is closed to the public. At the time in the agenda, the council must resolve to close the meeting to the public. Political embarrassment to council or elected members is not in itself a justifiable reason to close a meeting.
Each council has the capacity to determine the order that the agenda items will be dealt with. It is recommended that council meetings should endeavour to proceed with the order of business as detailed on the agenda of the notice of the meeting.
This is important from the point of view of members of the public who attend council or committee meetings for a specific agenda matter. It is necessary for elected members to structure any intended debate material in preparation for any agenda matter they wish to speak in support of, or against. Elected members should have a clear idea of their own arguments and which examples they will be using to support their arguments.
There should be a clear division between arguments put forward to support their position and to let the other members know when they are moving from one argument to the next. This sign posting is an important debating tool for elected members to acquire and develop.
It must be remembered that although the elected member knows exactly what he or she is saying, the meeting has never heard it before so the message must be logical makes sense , clear and easily understood by the other members. Rebuttal of argument, or points raised at the meeting by a former speaker, or rebuttal of the arguments that are out in the public arena concerning the matter before the meeting, should be organised in the same way.
Each argument or point made that the elected member is opposed to should be rebutted challenged in turn. This can be done by spending a little time on each and then moving on. Rebuttal should never personalise. There is no one size fits all way of taking part in a meeting debate and presenting an argument at a local government meeting.
Elected members should strive to develop a manner or style that is natural to them. There are many books, courses and other aids available on public speaking and debating. However, the following proven practical tips should be of help to elected members:. This is because of the importance of local government meetings, and to ensure fairness and accountability.
Under section 2. In the case of a council committee section 5. Each elected member brings to the meeting their own individual personalities, values, abilities and experiences. An experienced presiding member can, through the skilful application of meeting procedures, create a co-operative and productive forum. It is the duty of the Presiding Member to preserve order and ensure proceedings are conducted in a proper manner by:.
The Presiding Member is also to ensure the decisions of the meeting are respected and properly handled by:. Promoting constructive and inclusive debate is crucial to influencing the quality of decision making of council. A presiding member must be neutral and avoid letting personal attitudes, either positive of negative, influence their role. A Presiding Member can assist in promoting diverse and balanced debate by:. It is the duty of the Presiding Member to preserve the right of all elected members to participate in the meeting.
Early intervention usually reduces issues and minimises disorder. If the presiding member maintains a calm demeanour and manner and directs the meeting to the objective of the item and what council needs to achieve, many potential conflict situations can be avoided or contained. The Mayor or President as the presiding person at council meetings carries out a pivotal role by facilitating and encouraging all points of view to be expressed and respected.
This will assist an elected member with a motion or an expressed opinion that might not be supported by the majority of other members, to be satisfied that they have been given a fair hearing and that the process through the meeting is open and transparent. Instances where an individual member of the public, or a vocal opposition group attends and behaves inappropriately during a council meeting and refuses to comply with the directions of the presiding member, can be very stressful and a distraction for the elected members, council employees and others in attendance.
Fortunately, experience has shown that disruptive behaviour by members of the public at meetings of local governments tends to be of short duration and while members and employees may have been made uncomfortable, the business of the meeting could generally proceed.
It provides advice on the options available to councils when members of the public exhibit ongoing disruptive behaviour in meetings. This is achieved at meetings principally by written reports that become a very important part of the agenda for council and committee meetings, and also provide the basis for the decisions and the meeting minutes of the local government.
The CEO usually attends council meetings but is not permitted to take part in debate or to vote. Most local governments also have other senior employees attend meetings for the purpose of providing information, technical advice, or guidance on the agenda matters.
The Presiding Member is responsible for initiating or managing any information, technical advice or guidance input into the meeting from the CEO, or through the CEO, from other council employees present at the meeting.
This is seen as an effective way of assisting the elected members in their decision making at meetings. The attendance of the CEO and senior employees at a meeting should not be used as an opportunity for elected members to attempt to draw the CEO, or an employee into the process of any meeting debate. Elected members must not ask employees at a meeting for their personal opinion on a matter before the meeting. Similarly, matters that are not on, or that do not reasonably tie in with the agenda papers, should not be raised by elected members for the CEO or other employees to respond to.
A useful approach to defusing the situation if disorder occurs at either a council or committee meeting, or a public meeting called by council, is to have a brief meeting adjournment.
Most Standing Orders make provision for the Presiding Member to adjourn the meeting for a defined period of time if disorder occurs.
This is achieved by the Presiding Member making the declaration and physically vacating the chair. At times it may be necessary to consider altering the order of business to ensure important and urgent matters can be adequately dealt with. Changing the agenda to alter the order of business requires a motion to be passed at the meeting — that is, council should move and record a procedural motion to that effect. The Act places specific obligations on both elected members and employees who have financial, proximity or impartiality interest in an item before a meeting.
These provisions support the principle that elected members and employees must be open and above reproach. For council or committee members, the main obligation is to disclose the nature of the financial interest and, on some occasions, the extent of the interest when a financial interest is held in an item before a meeting. Employees are required to disclose any financial interest when providing advice or a report to a meeting.
The Act exempts certain financial interests from the obligation of disclosure such as interests which arise from the imposition of a rate. This enables elected members to participate fully in the decision making process on these exempt issues. The decision about whether an interest is a financial interest which should be disclosed falls to the elected member or employee. Nobody can direct anybody else to disclose, or to disclose for someone else.
In particular, elected members should monitor their meeting agendas to determine whether a financial interest applies to a particular item. This will allow them to identify whether the interest is an exempt interest which need not be disclosed and decide, in cases where an interest exists, whether they have the right under the Act to seek approval from the Minister or the meeting to participate in the item where the interest is held.
Otherwise, having disclosed a financial interest in an item, the elected member is required to leave the meeting when that item is considered. The penalties for not disclosing a financial interest are significant.
A proximity interest exists if the elected member, or a closely associated person, has an interest in a matter that concerns:. The existence of a proximity interest is established purely by the location of the land. A financial effect does not have to be established. In addition to financial interests, elected members are required to disclose interests which would also give rise to a reasonable belief that the impartiality of the member could be adversely affected when making a decision on an item.
Impartiality interests should be disclosed either in writing to the CEO before the meeting or verbally at the meeting immediately before the item which generates the interest is considered. The disclosure by an elected member of an impartiality interest does not stop them discussing, or voting on an item.
In failing to disclose an impartiality interest, an elected member contravenes a rule of conduct and in doing so commits a minor breach. The Local Government Rules of Conduct Regulations focus on providing avenues for dealing with allegations specifically concerning elected member misconduct.
Under this legislation, minor breaches may be referred to the Standards Panel. This type of interest is distinct and separate from the aforementioned interests. Once a declaration has been made, the elected member may continue to participate in discussion and vote on the matter before Council.
A mayoral system functions under a mayor directly elected by the people who live in the local authority area, with a wide range of decision making abilities similar to those of the executive committee in a Leader and Cabinet model local authority. The Mayor appoints their cabinet of councillors, who may also have their own decision-making powers. This system also must have at least one overview and scrutiny committee. In some areas, councillors have complained about the perceived excessive power of directly elected mayors.
The powers of the mayor are commensurate with the kind of local authority for which they are the executive. London borough councils, metropolitan district. One system is not intrinsically better than another. Any system can be managed to be democratic, to be accountable, and to work in the interests of local people. Within a governance system, there are many things to consider before making any change, whether formal or informal, to the previously established system.
When considering the pros and cons to each situation, there are a few things you must keep in mind about how the council should operate. LGA Independent Resources. Is a Committee system right for your council? About council systems A number of councils are making informal changes to their governance arrangements including tightening up existing processes, making sure that avenues exist for all members to get involved in the policy development process for example, through overview and scrutiny and putting in place consultation arrangements for particularly contentious decisions.
Leader and Cabinet This system, introduced by the Local Government Act , is the most common form of governance. A board of directors may also be considered as a council.
Generally a subordinate to a larger deliberative assembly, a committee is a small deliberative assembly that serves various functions. In organizations that are too large for all members to participate, committees play a grand role in governance where a designated committee such as a Board of Directors or an Executive Committee is given the power to take decisions on behalf of the entire organization. In similar environments, committees also play an important in coordinating different part of the organizations where individuals representing various departments may meet up regularly to discuss the proceedings.
Also, committees are formed in order to conduct research or come up with recommendations for planned projects or changes. A committee may also engage in tabling, which is a method of public relations where irrelevant, sensitive or inconvenient information is sent to the committees in order to stall or bypass a formal policy of inaction or indifference. In addition to that, committees may be formed to welcome special guests to a town welcoming committee , organizing an event organising committee and etc.
What is the difference between a Council and a Committee?
0コメント