Agenda of Special Council Meeting

Special Council Meeting Agenda 22 October 2019

5 Chief Executive Officer

5.1 Election of Deputy Mayor

TRIM Ref: D19/131252

Author: Sharron Kent, Governance and Council Liaison Officer

Authoriser: Meluka Bancroft, Manager Governance, Property and Contracts

Attachments: 1. Nomination Form - Deputy Mayor ⇩

2. Form 7 - Declaration by Elected Member of Council ⇩

Recommendation:

That Council elects Cr ___________ as Deputy Mayor for a term expiring at the start of the first meeting of Council following the next ordinary local government election, which will be on 16 October 2021.

Purpose of Report:

To elect a Deputy Mayor.

Background:

Schedule 2.3, Division 2 of the Local Government Act 1995 (Act) requires the office of Deputy Mayor to be filled as the first item of business at the first Council meeting following an ordinary local government election. The appointment is for a two year term, expiring at the start of the first meeting of Council following the next ordinary local government election, which will be on 16 October 2021.

Details:

In accordance with schedule 2.3 of the Act the Mayor has determined that the following procedures will apply to the election of the Deputy Mayor:

1. The Mayor will invite nominations from the Councillors for the position of Deputy Mayor.

2. Nominations must be in writing, in the form at Attachment 1 (Cl 8 (3)).

3. If a Councillor is nominated by another Councillor the Mayor will not accept the nomination unless the nominee has advised the Mayor, orally or in writing, that he or she is willing to be nominated for the office (Cl 8 (4)).

4. The Mayor will declare nominations closed after a reasonable period of time for such nominations to be made, and accepted (where relevant) (Cl 8 (3a).

5. Where there is more than 1 nomination, the Mayor will invite each candidate to address Council in support of their nomination, for a maximum of 3 minutes.

6. Where there is more than 1 nomination, the Mayor will direct the CEO to conduct the secret ballot in accordance with Sch 4.1 of the Act - this means that ballots will be cast in secret but the result disclosed by the CEO.

7. The CEO will draw lots to determine positions on the ballot paper.

8. The CEO and Manager Governance, Property and Contracts will count the ballot papers to determine the result.

9. In the event of a tied vote the Meeting will be adjourned for 15 minutes (Cl 9).

10. When the meeting resumes the Mayor will call for fresh nominations and the process set out in 1. – 8. above will be repeated.

11. In the event of a further tied vote then pursuant to clause 5 of schedule 4.1, the CEO will place the names of the tied candidates in a receptacle and draw out a name which is to be declared elected to the position of Deputy Mayor.

The position of Deputy Mayor has no specific statutory role or responsibility beyond those of a Councillor. Section 5.34 of the Act provides that the Deputy Mayor is to perform the functions of the Mayor when the office of the Mayor is vacant or the Mayor is unable or unwilling to perform the function of the Mayor.

Consultation/Advertising:

Nil.

Legal/Policy:

Section 2.15 of the Act sets out the process for filling the office of Deputy Mayor or Deputy President

Section 2.29 of the Act requires the person elected by the Council as Mayor, President, Deputy Mayor or Deputy President has to make a declaration in the prescribed form before acting in the office.

The Act outlines the role of the Mayor as:

(a) presides at meetings in accordance with this Act; and

(b) provides leadership and guidance to the community in the district; and

(d) speaks on behalf of the local government; and

(e) performs such other functions as are given to the mayor or president by this Act or any other written law; and

(f) liaises with the CEO on the local government’s affairs and the performance of its functions.

The City’s Policy 4.2.7 – ‘Council Members – Allowances, Fees and Reimbursements of Expenses’ provides that the City will pay the Deputy Mayor an annual allowance equivalent to 25% (maximum allowed is 25%) of the Mayoral Allowance, in addition to their ordinary Council Member allowance (Section 5.98A, Regulation 33A of the Local Government (Administration) Regulations 1996).

Risk Management Implications:

Low: Electing a Deputy Mayor is in accordance with the Act.

Strategic Implications:

This is in keeping with the City’s Strategic Community Plan 2018-2028:

Innovative and Accountable

We are open and accountable to an engaged community.

SUSTAINABILITY IMPLICATIONS:

Nil.

Financial/Budget Implications:

The Deputy Mayor is paid an allowance of $15,838.50. This amount is included within the 2019/20 operating budget.

Comments:

A person elected by the Council as Deputy Mayor has to make a declaration in the prescribed form pursuant to sections 2.29(1) and (3) of the Act (at Attachment 2) before acting in the office. Following the announcement of the result of the election of the Deputy Mayor, the successful nominee will be invited to make a declaration before the Mayor.

Special Council Meeting Agenda 22 October 2019

5.2 Appointment of Mindarie Regional Council and Tamala Park Regional Council representatives

TRIM Ref: D19/131355

Author: Sharron Kent, Governance and Council Liaison Officer

Authoriser: Meluka Bancroft, Manager Governance, Property and Contracts

Attachments: Nil

Recommendation:

That Council:

1. APPOINTS the following Elected Member to represent the City of Vincent on the Mindarie Regional Council for the term 22 October 2019 to the next ordinary local government election, being 16 October 2021:

Member:
1.	……………………….…;

2. APPOINTS the following Elected Members to represent the City of Vincent on the Tamala Park Regional Council for the term 22 October 2019 to the next ordinary local government election, being 16 October 2021:

Member:			Alternative Member:
1.	……………………….…;	1.	……………………….…;

Purpose of Report:

To appoint the City’s representatives on the Mindarie Regional Council (MRC) and Tamala Park Regional Council (TPRC).

Background:

The MRC and TPRC comprise of representatives of the seven local government owner Councils. The establishment agreements of the MRC and TPRC provide that the membership is to align with the local government election cycle. The City’s current representative for both the MRC and TPRC is Mayor Cole. The Mayor’s term on these Regional Councils will expire at the 19 October 2019 election.

The establishment agreement for the TPRC allows an alternative member to also be appointed. Former Cr Murphy has been appointed as the alternative member and his term as City of Vincent Elected Member expired on 19 October 2019.

The establishment agreement for the MRC requires Council to appoint an alternative member each time the representative is unable to attend.

Details:

The key details of the MRC are as follows:

Location of Meetings:	Member Councils on a rotation basis
Time of Meetings:	6.30pm
Meeting Occurrence:	Bi-monthly
Day of Meetings:	Last Thursday of Month (approx.):
Dates of Meetings for 2020:	27 February, 30 April, 25 June, 30 July, 27 August, 29 October, 17 December (third Thursday)
No. of Meetings held in 2018-2019 Period:	8 Meetings (including 2 Special Meetings)
Responsible Liaison Officer:	Chief Executive Officer
Purpose of Council:	To make decisions concerning Waste Management, including the landfill disposal site at Tamala Park.
Member Sitting Fees:	· $10,300 per annum · $1,000 for Information Technology allowance · $140 per meeting for Alternate Member Note: Child Care and Travel costs will be reimbursed in accordance with Reg. 31 and 32 of the Local Government (Administration) Regulations 1996

More detailed information about Mindarie Regional Council can be found on its website.

The key details of the TPRC are as follows:

Location of Meetings:	Member Councils on a rotation basis
Time of Meetings:	6.00pm
Meeting Occurrence:	Bi-monthly
Day of Meetings:	Thursday
Dates of Meetings for 2020:	Council Meetings: 20 February, 16 April, 18 June, 20 August, 15 October, 10 December Committee Meetings: · Management Committee: alternate bi-monthly (5 per year): 19 March, 21 May, 16 July, 17 September, 12 November · Audit Committee Meetings: ad hoc (approximately 3-4 per year) · CEO Performance Review Committee: ad hoc (approximately 3-4 per year) Note: the Member is encouraged to nominate for at least one Committee
No. of Meetings held in 2018-2019 Period:	6 Meetings
Responsible Liaison Officer:	Chief Executive Officer
Purpose of Council:	To make decisions concerning the Tamala Park land and its redevelopment.
Member Sitting Fees:	· $10,455 per annum · $0 per meeting for Alternate Member (as per SAT decision)

More detailed information about Tamala Park Regional Council can be found on its website.

Consultation/Advertising:

Nil.

Legal/Policy:

Division 4 of the Local Government Act 1995 sets out the requirements for forming a regional Council.

It is a requirement of the MRC Establishment Agreement that Council carries a specific resolution to nominate an Alternate Member for each occasion that the approved Member is unable to act.

Risk Management Implications:

Low Appointing representatives to the MRC and TPRC is in accordance with their respective establishment agreements and allows the City to participate in the regional council’s decision making.

Strategic Implications:

This is in keeping with the City’s Strategic Community Plan 2018-2028:

Innovative and Accountable

We are open and accountable to an engaged community.

SUSTAINABILITY IMPLICATIONS:

Nil.

Financial/Budget Implications:

There are no budget implications for the City in respect to appointing members to Regional Councils. Council members receive allowances as detailed above, paid by the respective regional council.

Special Council Meeting Agenda 22 October 2019

5.3 Appointment of the Western Australian Local Government Association (WALGA) - Central Metropolitan Zone - Council Representatives

TRIM Ref: D19/156863

Author: Sharron Kent, Governance and Council Liaison Officer

Authoriser: Meluka Bancroft, Manager Governance, Property and Contracts

Attachments: 1. Letter from WALGA CEO regarding election of Zone delegates and State Councillors - October 2019 ⇩

2. WALGA Elected Member Prospectus ⇩

Recommendation:

That Council:

1. APPOINTS the following Elected Members to represent the City of Vincent on the Western Australian Local Government Association (WALGA) – Central Metropolitan Zone for the term 22 October 2019 to the next ordinary local government election, being 16 October 2021:

Members:			Deputies:
1.	……………………….…;	1.	……………………….…;
2.	……………………….…;	2.	……………………….…;

Purpose of Report:

To appoint the City’s representatives on the Western Australian Local Government Association (WALGA) – Central Metropolitan Zone (Zone).

Background:

Part of the Council’s role is to represent the City on the Zone. WALGA has requested that the City’s delegates and deputy delegates be appointed by 8 November 2019. The role of the City’s delegates is to ensure the City’s strategic position and policies are reflected at the Zone meetings, and report back to Council on decisions made by the Zone.

Zones have an integral role in shaping the political and strategic direction of WALGA. Not only are Zones responsible for bringing relevant local and regional issues to the State decision making table, they are a key player in developing policy and legislative initiatives for Local Government. WALGA’s Constitution outlines that the functions of Zones are to:

· Elect one or more State Councillors;

· Consider the State Council agenda;

· Provide direction and feedback to their State Councillor; and

· Any other function deemed appropriate by the Zone.

Additional activities undertaken by Zones include:

· Developing and advocating on positions on regional issues affecting Local Government;

· Progressing regional Local Government initiatives;

· Identifying relevant issues for action by WALGA;

· Networking and information sharing; and,

· Contributing to policy development through policy forums and other channels.

Zones provide input into State Council’s advocacy agenda by passing resolutions on items contained in the State Council agenda and by generating new agenda items for consideration by State Council.

The process for appointing new State Councillors is as follows:

· Member Councils to elect their Zone Delegates and to advise WALGA by 8 November 2019.

· Zones hold meetings in November 2019 to elect State Council representatives.

· A State Councillor Induction Session is held on 4 December 2019.

· New State Councillors will take office at the Ordinary Meeting of State Council on 4 December 2019.

· The position of President and Deputy President of WALGA will be elected at the March 2020 State Council Meeting.

Details:

The Central Metropolitan WALGA Zone comprises Perth, Vincent, Subiaco, Nedlands, Cambridge, Claremont, Cottesloe, Peppermint Grove and Mosman Park.

Key details are listed below.

Location of Meetings:	Local Governments in the Central Metropolitan Zone on a rotation basis
Time of Meetings:	6pm
Meeting Occurrence:	Bi-monthly (or six weekly)
Day of Meetings:	Thursday
No. of Meetings held in 2017-2019 period:	10 meetings
Responsible Liaison Officer:	Chief Executive Officer
Purpose of Appointment:	To represent the City on the Western Australian Local Government Association – Central Metropolitan Zone
Other Membership:	Representatives from Central Metropolitan Zone Councils Chief Executive Officer (non-voting)
Previous Council Members	Members: Cr Harley and Cr Castle Deputy Members: Cr Murphy and Cr Fotakis
Member Sitting Fees:	Nil.

Information regarding timelines and important dates are at Attachment 1. The Elected Member Prospectus provides information on the role of Zones and State Council at Attachment 2.

Consultation/Advertising:

Nil.

Legal/Policy:

WALGA’s constitution outlines the role of the Zones and State Council.

Risk Management Implications:

Low Appointing delegates to the Zone allows the City of Vincent to participate in decision making at the regional and state level.

Strategic Implications:

This is in keeping with the City’s Strategic Community Plan 2018-2028:

Innovative and Accountable

We are open and accountable to an engaged community.

SUSTAINABILITY IMPLICATIONS:

Nil.