2015-03-03 Planning & Organisation Agenda

PLANNING & ORGANISATION COMMITTEE MEETING AGENDA   3 MARCH 2015




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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA                                                   3 MARCH 2015

           COUNCIL POLICY - COUNCILLOR REQUEST GUIDELINES
           As a guide, the more complex the issue or where the Councillor request involves significant policy issues,
           then a Councillor should direct their request to a more senior staff member.

           For matters other than requests regarding policy or complex matters (see above), in order to carry out
           their responsibilities a Councillor may request assistance, advice or information from the relevant Council
           employee on matters that are within that employee’s scope of responsibility or knowledge provided that:
           e   The employee normally provides similar assistance, advice or information to either the public or other
               employees within Council.
           e   Any request for advice is made without any direction or pressure as to the conclusion or
               recommendation of the employee’s advice. However, direction as to the layout or level of detail of the
               advice or information is acceptable.
           e   The timeframe for the delivery of the request is reasonable having regard to the complexity of the
               request and the workload of the employee at the time of the request.

           Any Councillor who is unsure about how and when they may approach staff should seek advice from the
           CEO. Similarly, any staff who is unsure about the appropriateness of a request from a Councillor should
           seek advice from their Director or the CEO. Any conflicts arising between Councillors and staff resulting
           from their interactions are to be brought to the attention of the CEO.
           Limits on requests to the CEO for information

           Requests by Councillors to the CEO for information relating to Council are limited by the Local
           Government Act as follows:
           e   Any limit prescribed under a Regulation (pursuant to section.170A (2) of the Act); and
           e   Pursuant to section 170A(3) of the Act, information:
               o  That is a record of the regional conduct review panel or tribunal; or
               o  If disclosure of the information to the Councillor would,be contrary to an order of a Court or
                  tribunal; or
               o  That would be privileged from production in a legal proceeding on the ground of legal professional
                  privilege.

           ROLES AND RESPONSIBILITIES

           The Local Government Act is quite specific about directions to staff under s170 of the Act:
           e   The Mayor may give a direction to the CEO or a senior executive employee. (A senior executive
               employee is an employee who reports directly to the CEO and whose position would ordinarily be
               considered to be a senior position in Council's corporate structure.) No other Councillor can give a
               direction to the CEO or a senior executive employee.
           e   No Councillor, including the Mayor, may give a direction to any other Council employee.

           Employees are expected to complete all requests to the best of their ability and act at all times in
           accordance with Noosa Council’s Employee Code of Conduct.
           Councillors will at all times treat staff politely and with due respect. Staff will treat Councillors similarly.

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