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2014-01-13 Ordinary Meeting Agenda
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AGENDA
Ordinary Meeting
Monday, 13 January 2014
commencing at 10am
Council Chambers, 9 Pelican Street, Tewantin
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Section 2
ORDINARY MEETING AGENDA 13 JANUARY 2014
TABLE OF CONTENTS
ITEM SUBJECT PAGE
1 ATTENDANCE & APOLOGIES/ABSENCE ON COUNCIL BUSINESS 3
2 CONFIRMATION OF MINUTES 3
3 MAYORAL MINUTES 3
4 NOTIFIED MOTIONS 3
5 CONSIDERATION OF COMMITTEE RECOMMENDATIONS 3
6 ORDINARY MEETING REPORTS 4
EXECUTIVE OFFICE 4
6.1 CIVIC FUNCTIONS POLICY 4
6.2 COUNCILLOR CODE OF CONDUCT 8
6.3 NOOSA DE-AMALGAMATION PROCESS 12
7 PETITIONS 14
8 CLOSED SESSION 14
8.1 CLOSED SESSION ITEM: APPOINTMENT
OF CHIEF EXECUTIVE OFFICER 14
Late report - to be tabled
9 NEXT MEETING 14
10 MEETING CLOSURE 14
Page 2 of 14
Section 3
ORDINARY MEETING AGENDA 13 JANUARY 2014
1 ATTENDANCE & APOLOGIES/ABSENCE ON COUNCIL BUSINESS
2 CONFIRMATION OF MINUTES
The Minutes of the Ordinary Meeting held on 2 January 2014 be received and confirmed.
3 MAYORAL MINUTES
Nil.
4 NOTIFIED MOTIONS
Nil.
5 CONSIDERATION OF COMMITTEE RECOMMENDATIONS
Nil.
Page 3 of 14
Section 4
ORDINARY MEETING AGENDA 13 JANUARY 2014
6 ORDINARY MEETING REPORTS
EXECUTIVE OFFICE
6.1 CIVIC FUNCTIONS POLICY
DOCUMENT INFORMATION
File No
Author Chief of Staff, Executive Office
SUMMARY/PURPOSE
The purpose of this report is to present the Civic Functions Policy to Council for consideration
and adoption. The intention of the policy is to provide clarity on the circumstances under which
civic functions are to be held.
BACKGROUND INFORMATION
Civic functions and events foster relationships between the community and Council, and
recognise and celebrate individual and community achievements. The Civic Functions Policy
provides guidance regarding the conduct of these civic functions.
PREVIOUS COUNCIL CONSIDERATION
Nil.
REPORT
The Civic Functions Policy identifies when civic functions can be held and the types of events
which may be approved at the Mayor’s discretion.
It is proposed that civic functions be held:
as a consequence of formal agreements e.g. sister city arrangements;
to welcome international or interstate delegations that align with Council’s corporate or
community vision;
to recognise important government visits; and
to recognise significant achievements within the Noosa community.
Civic functions will be held at the discretion of the Mayor, and will take the form of a civic
reception, a mayoral reception or a council reception.
BUDGET & FINANCIAL ASPECTS
Provision exists within the current budget to meet the cost of civic functions.
Page 4 of 14
Section 5
ORDINARY MEETING AGENDA 13 JANUARY 2014
RECOMMENDATION
That Council note the report by the Chief of Staff, Executive to the Ordinary Meeting dated 13
January 2014 and adopt the Civic Functions Policy as attached to the report.
ATTACHMENTS
1. Civic Functions Policy
Page 5 of 14
Section 6
ORDINARY MEETING AGENDA 13 JANUARY 2014
ATTACHMENT 1
Page 6 of 14
ORDINARY MEETING AGENDA 13 JANUARY 2014
ATTACHMENT 1
| @ NOOSA Strategic Policy
@ | COUNCI CIVIC FUNCTIONS
Corporate Plan Reference: |
Endorsed by Council on: |
Policy Owner and Department: | Chief of Staff, Executive Office
POLICY PURPOSE
The purpose of this policy is to provide guidance regarding the conduct of civic functions.
POLICY SCOPE
Civic functions and events foster relationships with the community and Council and recognise and
celebrate individual and community achievements.
This policy will identify when civic functions can be held and the types of civic functions which may
be approved at the Mayor's discretion,
POLICY STATEMENT
Civic functions can be held:
° as a consequence of formal agreements e.g. sister city arrangements;
. to welcome international or interstate delegations that align with Council's corporate or
community vision;
. to recognise important goverment visits; and
. to recognise significant achievements within the Noosa community.
Types of Civic Functions
Civic functions are held at the discretion of the Mayor, and will take the form of one the following
events:
. Civic reception — a formal cocktail party, lunch, dinner, or one-off conference, attendance
generally by invitation only.
« Mayoral reception — an informal reception to officially welcome delegations and the like. in
particular where a formal agreement is in place, The reception will generally be a morning or
afternoon tea, hosted by the Mayor and held on Council premises, with attendance by
invitation only.
. Council reception — at a Council meeting, generally to recognize the achievements and
efforts of individuals, groups, associations, organisations or businesses within the Noosa
community.
Page 6 of 14Section 7
ORDINARY MEETING AGENDA 13 JANUARY 2014
Page 7 of 14
ORDINARY MEETING AGENDA 13 JANUARY 2014
GUIDING PRINCIPLES
Section 4 of the Local Govemment Act 2009 requires that any actions taken under the Act are
consistent with the local government principles. This Policy is in accordance with these principles.
In addition, the Mayor has the responsibility to represent the local government at ceremonial or
civic functions (Section 12 4(h)).
ROLES AND RESPONSIBILITIES
The Mayor shall approve the holding of civic functions and determine the invitation list.
DEFINITIONS
Civic function refers to an official event held for celebratory, ritual or commemorative purposes.
RELATED POLICIES AND LEGISLATION
Queensland Local Government Act 2009
Version control:
Version Reason! Trigger Change (Y/N) Endorsed/ Reviewed by Date
1.0 | Create New Policy 10/01/14
Page 7 of 14Section 8
ORDINARY MEETING AGENDA 13 JANUARY 2014
6.2 COUNCILLOR CODE OF CONDUCT
DOCUMENT INFORMATION
File No
Author Chief of Staff, Executive Office
SUMMARY/PURPOSE
The purpose of this report is to present the Councillor Code of Conduct to Council for
consideration and adoption. In adopting this Code, Council acknowledges that it sets out for both
councillors and the community, the standards of behaviour expected of councillors of the Noosa
Shire Council.
BACKGROUND INFORMATION
The Queensland Local Government Act 2009 provides for a system of local government in
Queensland that is accountable, effective, efficient and sustainable. To ensure this, Parliament
requires that any action that is taken under the Act is consistent with the local government
principles. The local government principles are:
(a) Transparent and effective processes, and decision making in the public interest;
(b) Sustainable development and management of assets and infrastructure, and delivery of
effective services;
(c) Democratic representation, social inclusion and meaningful community engagement; and
good governance, of and by, local government; and
(d) Ethical and legal behaviour of councillors and local government employees.
Our community is entitled to expect that the business of council will be conducted in accordance
with these principles. This Code is a statement of the standard of behaviour that councillors have
agreed should be demonstrated, and which the community can expect to be demonstrated, when
they are carrying out their responsibilities.
PREVIOUS COUNCIL CONSIDERATION
Nil.
REPORT
The Councillor Code of Conduct (refer to Attachment 1) is based on the Queensland Local
Government Act 2009. It is also based on the best practice model code of conduct prepared by
the Local Government Association of Queensland (LGAQ).
The Code demonstrates Council’s commitment to the local government principles contained in
the Act and also identifies the obligation of the Chief Executive Officer when assessing a
complaint about the failure to comply with a requirement of the Code.
BUDGET & FINANCIAL ASPECTS
Nil.
Page 8 of 14
Section 9
ORDINARY MEETING AGENDA 13 JANUARY 2014
RECOMMENDATION
That Council note the report by the Chief of Staff, Executive to the Ordinary Meeting dated 13
January 2014 and adopt the Code of Conduct for Councillors as attached to the report.
ATTACHMENTS
1. Councillor Code of Conduct
Page 9 of 14
Section 10
ORDINARY MEETING AGENDA 13 JANUARY 2014
ATTACHMENT 1
Page 10 of 14
ORDINARY MEETING AGENDA 13 JANUARY 2014
ATTACHMENT 1
as NOOSA Strategic Policy
| @ | COUNCH COUNCILLOR CODE OF CONDUCT
Corporate Plan Reference:
Endorsed by Council on:
Policy Owner and Department: — Chief of Staff, Executive Office
1 INTRODUCTION
This Code of Conduct sets out, for both Councillors and the Community, the standards of behavior
expected of Councillors of Noosa Shire Council.
The requirements of this Code are in addition to the roles, responsibilities and obligations of
Councillors, as set out in the Queensland Loca/ Government Act 2009.
This Code has been adopted by resolution of Council. Council accordingly considers this Code to be a
“procedure” as the term is used in section 176 (4) of the Queensland Local Government Act 2009 (see
below).
2 KEY RESPONSIBILITIES OF COUNCILLORS UNDER THE LOCAL GOVERNMENT ACT 2009
. Represent the current and future interests of residents (Section 12(1))
° To ensure performance of responsibilities under the Act (Section 12(3)(a)(i)
. Achieve corporate and community plans (Section 12(3)(a)(ii))
. Comply with all laws (which includes other Acts; and Council's laws, policies, procedures and
resolutions) (Section 12(3)(a)(iii))
. Provide high quality leadership to the Council and the community (Section 12(3)(b))
. Participate in Council meetings, policy development and decision making (Section 12(3)(c)
. Accountable to the community for Council's performance (Section 12(3)(d))
. Serve the overall public interest of the whole Council area (Section 12(6))
° Not to use information acquired as a Councillor to directly or indirectly gain financial advantage
(Section 171(1)(a))
. Not to use information acquired as a Councillor to cause detriment to the Local Government
(Section 171(1)(b))
. Not to release information the Councillor knows, or should reasonably know, is confidential
(Section 171(3))
Page 10 of 14Section 11
ORDINARY MEETING AGENDA 13 JANUARY 2014
Page 11 of 14
ORDINARY MEETING AGENDA 13 JANUARY 2014
3 KEY ETHICAL AND BEHAVIOURAL OBLIGATIONS
Councillors must:
. Ensure their personal conduct does not reflect adversely on the reputation of the Council;
. Demonstrate respect for fellow Councilors, Council staff and other members of the public;
. Refrain from harassing, bullying or intimidating fellow Councilors, Council staff and other
members of the public;
° Not communicate with the public or media on behalf of the Council, unless expressly authorised
by the Council to make that communication;
. When communicating with the public or the media, make it clear when they are expressing a
personal opinion, and when they are speaking on behalf of Council;
. When communicating with the public or the media to express a personal opinion disagreeing with
a Council resolution, respect the democratic process by first acknowledging that Council
resolutions represent the majority view of Council.
4 CONSEQUENCES OF FAILING TO COMPLY WITH THIS CODE
Section 176(4) of the Queensland Local Government Act 2009 provides:-
(4) Inappropriate conduct is conduct that is not appropriate conduct for a representative of the local
government, but is not misconduct, including for example-
(a) acouncillor failing to comply with the local government's procedures; or
(b) acouncillor behaving in an offensive or disorderly way in a meeting of the local government
or any of its committees.
A failure to comply with this code by a Councillor (other than by the Mayor or Deputy Mayor) will be
inappropriate conduct (as defined in section 176(4)(a) of the Queensland Local Government Act 2009)
and render a Councillor liable to disciplinary action prescribed by section 181(2) of that Act. Section
181(2) provides, relevantly, that the Mayor may make either or both of the following orders that the
Mayor considers appropriate in the circumstances
(a) an order reprimanding the Councillor for the inappropriate conduct;
(b) an order that any repeat of the inappropriate conduct be referred to the regional conduct review
panel as misconduct.
Pursuant to section 181(3) of the Queensland Loca! Government Act 2009, if the Mayor makes three
orders under subsection (2) of section 181 about the same Councillor within one year, the Mayor must
refer the repeated inappropriate conduct by the Councillor to a regional conduct review pane! or the
tribunal.
A failure to comply with this code by the Mayor or Deputy Mayor will also be considered inappropriate
conduct but, by virtue of section 176C(3) of the Queensland Local Government Act 2009, must be
referred to the Chief Executive of the Department of Local Government.
RELATED POLICIES AND LEGISLATION
Queensland Local Government Act 2009
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Page 11 of 14Section 12
ORDINARY MEETING AGENDA 13 JANUARY 2014
6.3 NOOSA DE-AMALGAMATION PROCESS
DOCUMENT INFORMATION
File No
Author Acting Chief Executive Officer
SUMMARY/PURPOSE
The purpose of this report is to formally provide a report to the Council of the De-amalgamation
process undertaken by the Transfer Manager up to 31 December 2013. As the full process will
only be completed after that date this report is not a final report on the project.
BACKGROUND INFORMATION
Following the overwhelming “Yes” vote at the referendum held in March 2013, the State
Government then introduced the De-amalgamation Regulation and appointed a Transfer
Manager to bring about the De-amalgamation of the Noosa Shire Council from the Sunshine
Coast Regional Council with effect from 1 January 2014. This report details the work undertaken
to bring this about.
PREVIOUS COUNCIL CONSIDERATION
Nil.
REPORT
The attached report outlines the processes followed to bring about the De-amalgamation. It
cannot be seen as a final report as works will continue post 31 December 2013. It does however
provide a summary of the works undertaken to establish the new Council and ensure
uninterrupted services are delivered to its community.
As detailed in the report, this work was led by a small team who, with the assistance of a number
of dedicated transferring staff, delivered an exceptional outcome. Three areas worthy of mention
are costs, information communications technology (ICT) and service delivery:
The costs of the De-amalgamation are currently at 35% of the Queensland Treasury
Corporation (QTC) estimate and our ongoing budget is at no additional cost (0%) as
compared to the QTC estimate of $2.5 million. This is borne out by the balanced budget,
with depreciation fully funded and no rate increases, that Council was able to bring down.
The delivery of an entirely new ICT platform using state of the art innovative methodology
in 6 months. This is a fully externally hosted (Cloud) system with outsourced application
managed services through the supplier.. The ICT project has seen no issues of any
significance. The net result being a saving $4 million in the setup costs and a saving of $1
million ongoing in annual operating costs.
On day one, a fully operational organisation was in place to ensure uninterrupted services
to the community.
Page 12 of 14
Section 13
ORDINARY MEETING AGENDA 13 JANUARY 2014
BUDGET & FINANCIAL ASPECTS
There are no direct financial implications resulting from this report.
RECOMMENDATION
That Council receive and note the report titled The Noosa De-Amalgamation: Building a New
Organisation attached to the report by the Acting Chief Executive Officer to the Ordinary Meeting
dated 13 January 2014
ATTACHMENTS
Note: The attachments for this report have been provided separately.
1. The Noosa De-Amalgamation: Building a New Organisation
Page 13 of 14
Section 14
ORDINARY MEETING AGENDA 13 JANUARY 2014
7 PETITIONS
8 CLOSED SESSION
8.1 CLOSED SESSION ITEM: APPOINTMENT OF CHIEF
EXECUTIVE OFFICER
Late report by Recruitment Officer to be tabled.
9 NEXT MEETING
The next Ordinary Meeting will be held on Monday, 20 January 2014 in the
Council Chambers, 9 Pelican Street, Tewantin commencing at 10am.
10 MEETING CLOSURE
Page 14 of 14