2018-12-11 Services & Organisation Committee Agenda

SERVICES & ORGANISATION COMMITTEE MEETING AGENDA   11 DECEMBER 2018




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SERVICES & ORGANISATION COMMITTEE MEETING AGENDA                                               11 DECEMBER 2018

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                                                                             Queensland
                                                                             Integrity Commissioner

    1,    Facts of situation as provided by you

    You said:

          ‘In light of the current challenges being faced by some Councils and the Belcarra Review, most of the
          matters for review with regards to the Integrity of Councils appear to be related to disclosure of conflicts
          of interest of Councillors and staff in relation to matters that they deal with. This appears the primary
          focus of changes in legislation to date. What I am wondering is, if any matters before you have suggested
          that Council’s needed to review the method of recording of minutes of meetings or if the subject of a
          Hansard style documenting or audio or video recording of Council Meetings had been part of any
          discussions or rulings regarding transparency and Integrity of a Council's decision making and meeting
          process?’

   2.      Relevant Standards

        e   Local Government Act 2009 (Qld) (LGA) sections 4, 12 and 175]
        ¢   Local Government Regulation 2012 (LGR) sections 272 and 273
        e¢  Department of Local Government Racing and Multicultural Affairs’ (DLGRMA) guide,
            ‘Making the most of council meetings — a resource for local governments’ ! (DLGRMA council
            meetings guide).

    The particular sections considered in my advice are attached.

   3.     Discussion of issues

    You have asked whether any matters have come before the Integrity Commissioner which have
    suggested that councils need to review the method of recording council meetings.

    The conduct of Council meetings, the recording of Council decisions and Council meeting processes
    essentially involve either legal questions under the LGA and LGR or policy questions for Council to
    determine. While secrecy provisions under the Act? prevent the Integrity Commissioner and myself
    from disclosing information about advice provided to another person, I am however, able to
    provide the following observations to guide you through the issues you have raised.

    Obligations and purpose of meetings minutes
    The LGA and LGR provide mandatory requirements in relation to Council meeting minutes:
          °      Section 272 of the LGR provides that the CEO must ensure minutes are taken of council
                meetings which record the names of councillors present and how each councillor voted on
                each division called.
          °      Section 272(4) of the LGA requires a copy of the minutes of each meeting to be made
                 available to the public at council’s offices and (within ten days) on its website.

    thhtte www dlgema.gld gov au/resources/guideline/local-government/making. the-most-of council mestings pdi](May 2018)
    2 Chapter 3, Part 4 including section 24

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