Extraordinary Council Meeting

 

  BUSINESS PAPER

 

 

 

 

 

 

 

 

 

 

 

Tuesday 30 September 2008

 

 

 

 

 

 

 

 

 

Administrative Centre 30 Frances Street Randwick 2031

Telephone: 02 9399 0999 or

1300 722 542 (for Sydney metropolitan area)

Fax:02 9319 1510

general.manager@randwick.nsw.gov.au

www.randwick.nsw.gov.au


 

 

 

 

 

 

 

 

 

 

 

 


Ordinary Council

30 September 2008

 

 

 

 

26 September 2008

 

 

Extraordinary Council Meeting

 

Notice is hereby given that an Extraordinary Council Meeting of the Council of the City of Randwick will be held in the Council Chamber, Town Hall, 90 Avoca Street, Randwick, on Tuesday, 30 September 2008 at 7:00 p.m.

 

Prayer and Acknowledgement of the local indigenous people

Prayer

Almighty God,

We humbly beseech you to bestow your blessings upon this Council and to direct and prosper our deliberations to the advancement of your glory and the true welfare of the people of Randwick and Australia.

Amen”

 

Acknowledgement of the local indigenous people

I would like to acknowledge that we are here today on the land of the Bidjigal people of the Dharwahal Nation.  The Bidjigal people are the traditional owners and custodians of this land and form part of the wider aboriginal nations of the Sydney area.  On behalf of Randwick City Council I would also like to acknowledge and pay my respects to the Elders both past and present.”

 

Apologies/Granting of Leave of Absences 

Declarations of Pecuniary and Non-Pecuniary Interests

Address of Council by Members of the Public

Mayoral Minute

MM77/08   LGMA Management Excellence Awards - Winner of Management Excellence Award and Merit Award in Corporate Sustainability Category  

 

Urgent Business

 

General Manager's Report

GM34/08    Election of Mayor and Deputy Mayor and election of Council Committees

 

…………………………………………………….

Ray Brownlee

General Manager


Ordinary Council

30 September 2008

 

 

 

Mayoral Minute No. MM77/08

 

 

Subject:                  LGMA Management Excellence Awards - Winner of Management Excellence Award and Merit Award in Corporate Sustainability Category

Folder No:                   F2006/00414

Author:                   Councillor Notley-Smith, Mayor     

 

Introduction

 

Randwick City Council made submissions to the LGMA Management Excellence Awards for the abovementioned categories. It is with great pride that I advise that Council was successful in winning the Management Excellence Award and receiving a Merit Award in the Corporate Sustainability Category.

 

Issues

 

Council was the winner of the Management Excellence Award for its “Journey to Excellence Strategy.” Council set itself the challenge of becoming a leading organisation and engaged in a process of review and continuous improvement. Council knew that it was doing well as an organisation and in early 2008 bravely opened itself up to the scrutiny of two former General Managers who left no stone unturned in exploring whether Randwick was doing what it said it was doing.

 

This was a valuable experience for staff who took the opportunity to look closely at all their processes. The results of the review were reassuring, the bar has now been lifted and staff are further refining and improving Council’s processes and services.

 

Council also received a Merit Award in the Corporate Sustainability Category for its “Using Technology to Build Sustainable Communities” Project in conjunction with Temora Shire Council. Randwick and Temora Councils developed an “open-source” Extranet, which was instrumental in their team achieving second place in the Australasian Finals of the 2008 LGMA Management Challenge.

 

Council is excited about the potential for the extranet, in our own organisation and community, and in local government generally. Council will look to working with smaller councils and other organisations where the extranet could provide an alternative to meetings, and reduce travel. Council will also use it as a platform to explore shared services and collaborate on projects regardless of location. This initiative will increase capacity and foster community engagement and participatory democracy.

 

Financial impact statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

These innovative projects have been duly recognised by the LGMA and again highlight the fact that Randwick City Council is a leader in the local government industry. All staff involved are to be congratulated for the hard work and initiative.

 

 

 

 

Recommendation

 

That all Council staff involved in the “Journey to Excellence Strategy” and the “Using Technology to Build Sustainable Communities” Project be congratulated for winning these 2008 LGMA Management Excellence Awards.

 

Attachment/s:

 

Nil

 

   


Ordinary Council

30 September 2008

 

 

 

General Manager's Report No. GM34/08

 

 

Subject:                  Election of Mayor and Deputy Mayor and election of Council Committees

Folder No:                   F2005/00751

Author:                   Ray Brownlee, General Manager     

 

Introduction

 

The purpose of this report is to facilitate the election of the Mayor, Deputy Mayor and the appointment of Councillors to the various internal and external committees.

 

Issues

 

The election of the Mayor by the Councillors is to be held, if it is the first election after an ordinary election of Councillors, within three (3) weeks after the ordinary election.  In addition, it is necessary for Council to make appointments to Council and Community Committees for the period September 2008 to September 2009.

 

1.      Election of Mayor – September 2008 to September 2009

 

The procedure to be followed for the election of Mayor is outlined in Part 11 of the Local Government (General) Regulation 2005, and is reproduced hereunder:

 

“Part 1 – Preliminary

Returning Officer

1.   The General Manager (or a person appointed by the General Manager) is the Returning Officer.

 

Nomination

2.   (1) A Councillor may be nominated without notice for election as Mayor or    Deputy Mayor.

(2) The nomination is to be made in writing by 2 or more Councillors (one of

whom may be the nominee).  The nomination is not valid unless the nominee has indicated consent to the nomination in writing.

(3) The nomination is to be delivered or sent to the Returning Officer.

(4) The Returning Officer is to announce the names of the nominees at the council meeting at which the election is to be held.

 

Election

3.   (1) If only one Councillor is nominated, that Councillor is elected.

(2) If more than one Councillor is nominated, the Council is to resolve whether

the election is to proceed by preferential ballot, by ordinary ballot or by open voting.

(3) The election is to be held at the council meeting at which the Council resolves on the method of voting.

(4) In this clause:

ballot has its normal meaning of secret ballot;

open voting means voting by a show of hands or similar means.


Part 2 – Ordinary Ballot or Open Voting

 

Application of Part

4.   This Part applies if the election proceeds by ordinary ballot or by open voting.

Marking of ballot-papers

5.   (1) If the election proceeds by ordinary ballot, the Returning Officer is to decide the manner in which votes are to be marked on the ballot-papers.

(2) The formality of a ballot-paper under this Part must be determined in

accordance with clause 76(1)(b) and (c) and (5) of this Regulation as if it were a ballot-paper referred to in that clause.

(3) An informal ballot-paper must be rejected at the count.

Count - 2  candidates

6.   (1) If there are only 2 candidates, the candidate with the higher number of votes is elected.

(2)  If there are only 2 candidates and they are tied, the one elected is to be chosen by lot.

 

Count – 3 or more candidates

7.   (1) If there are 3 or more candidates, the one with the lowest number of votes is to be excluded.

(2) If 3 or more candidates then remain, a further vote is to be taken of those  

candidates, and the one with the lowest number of votes from that further vote is to be excluded.

(3) If, after that, 3 or more candidates still remain, the procedure set out in

            sub-clause (2) is to be repeated until only 2 candidates remain.

(4) A further vote is to be taken of the 2 remaining candidates.

(5) Clause 6 of this Schedule then applies to the determination of the election as if the 2 remaining candidates had been the only candidates.

(6) If at any stage during a count under sub clause (1) or (2), 2 or more candidates are tied on the lowest number of votes, the one excluded is to be chosen by lot.

 

Part 3 – Preferential Ballot

 

Application of Part

8.   This Part applies if the election proceeds by preferential ballot.

 

Ballot-papers and voting

9.   (1) The ballot-papers are to contain the names of all the candidates.  The

Councillors are to mark their votes by placing the numbers “1”, and “2” and so on against the various names so as to indicate the order of their preference for all the candidates.

(2) The formality of a ballot-paper under this Part is to be determined in

accordance with clause 76(1)(b) and (c) and (5) of this Regulation as if it

were a ballot-paper referred to in that clause.

(3) An informal ballot-paper must be rejected at the count.

Count

10.       (1) If a candidate has an absolute majority of first preference votes, that candidate is elected.

(2)  If not, the candidate with the lowest number of first preference votes is

excluded and the votes on the unexhausted ballot-papers counted to him or her are transferred to the candidates with second preferences on those ballot-papers.

(3) A candidate who then has an absolute majority of votes is elected, but, if no candidate then has an absolute majority of votes, the process of excluding the candidate who has the lowest number of votes and counting each of his or her unexhausted ballot-papers to the candidates remaining in the election next in order of the voter’s preference is repeated until one candidate has received an absolute majority of votes.  The latter is elected.

(4) In this clause absolute majority in relation to votes means a number which is more than one-half of the number of unexhausted formal ballot-papers.

 

Tied candidates

11.      (1) If, on any count of votes, there are 2 candidates in, or remaining in, the election and the  numbers of votes cast for the 2 candidates are equal – the candidate whose name is first chosen by lot is taken to have received an absolute majority of votes and is therefore taken to be elected.

(2) If, on any count of votes, there are 3 or more candidates in, or remaining in, the election and the numbers of votes cast for 2 or more candidates are equal and those candidates are the ones with the lowest number of votes on the count of the votes – the candidate whose name is first chosen by the lot is taken to have the lowest number of votes and is therefore excluded.

 

Part 4 – General

 

Choosing by lot

12. To choose a candidate by lot, the names of the candidates who have equal

numbers of votes are written on similar slips of paper by the returning officer, the slips are folded by the returning officer so as to prevent the names being seen, the slips are mixed and one is drawn at random by the returning officer and the candidate whose name is on the drawn slip is chosen.

 

Result

13.    The result of the election (including the name of the candidate elected as Mayor or Deputy Mayor) is:

(a) to be declared to the Councillors at the council meeting at which the election is held by the Returning Officer, and

(b) to be delivered or sent to the Director-General and to the Secretary of the Local Government and Shires Associations of New South Wales”.

 

2.      Election of Deputy Mayor – September 2008 to September 2009

 

In accordance with the provisions of Section 231 of the Local Government Act, the Council may elect one of its members to act as Deputy Mayor either for the Mayoral term or for a shorter term as may be resolved by the Council.  Further, the Deputy Mayor may exercise any function of the Mayor, at the request of the Mayor or if the Mayor is prevented by illness, absence or otherwise from exercising the function or if there is a casual vacancy in the office of Mayor.

 

The election provisions of Part 11 of the Local Government (General) Regulation 2005 also relate to the Deputy Mayor.

 

It has been Council’s normal practice to elect a Deputy Mayor for the same Mayoral Term, immediately following the election of the Mayor.

 

3.      Appointment of Committees

 

The Local Government Act, 1993 dispensed with any requirement to annually elect or appoint Standing Committees and the Council can appoint or elect committees as it considers necessary.

 

The appointment or election of members to Committees must be for a specified term, which obviously cannot exceed the term of the Council.

 

Accordingly, on this occasion the Council must elect or appoint members to its Committees for any period of time (in the past the Council practice has been to elect committee representatives for a 12 month period from September to September).

 

The powers, duties and functions of all former Committees are subject to determination by the Council.  The Council may determine that the Committees, their duties, composition and quorums remain the same (or otherwise).

 

The former Committees, appointed in September, 2007, their duties, composition, quorums and membership details are attached to this report, in the following categories:

 

(i)    General Committees – internal committees of the Council that meet on a regular basis.

(ii)   Special Committees – committees of the Council that meet on an ad hoc basis.

(iii) Advisory Committees – created to perform a specific function, often with

       outside representation.

(iv)  Councillor Representation on Outside Organisations/Committees – bodies to which the Council is entitled to elect or appoint Councillor representatives.

 

It should be noted that Council has previously resolved that the Community Services Committee, Civic Affairs Committee, the Administration & Finance Committee, the Environment Committee and the Works Committee have full delegated authority to determine items on their agenda.  In addition, the Planning Committee has been constituted as a Committee whose membership consists of all Members of the Council and which also has full delegated authority to determine items on its agenda. 

 

Conclusion

 

It is necessary for the Council, at this meeting, to make certain decisions relating to the election of a Mayor and Deputy Mayor and appointment of delegates/members of committees and to external bodies.

 

Recommendation

 

(a)      Method of Voting - that, should it be necessary for an election to be held for the positions of Mayor & Deputy Mayor, Council determine the method of voting from one of the following:

 

·      Open Voting (traditional method at Randwick City Council)

·      Ordinary Ballot

·      Preferential Ballot.

 

(b)    Election of Mayor

i.   That the General Manager, as Returning Officer, calls nominations for the position of Mayor.

ii.   That, should more than one nomination be received, the General Manager, as Returning Officer, read the names of the candidates for the position of Mayor.

iii.  That, if necessary, an election be conducted in accordance with the Council’s resolution made in relation to recommendation (a) for the position of Mayor.

iv.  That the General Manager, as Returning Officer, declare the Mayor elected for the September, 2008 to September 2009 term.

 

(c)    Election of Deputy Mayor

i.   That the General Manager, as Returning Officer, calls nominations for the position of Deputy Mayor.

ii.   That, should more than one nomination be received, the General Manager, as Returning Officer, read the names of the candidates for the position of Deputy Mayor.

iii.  That, if necessary, an election be conducted in accordance with the Council’s resolution made in relation to recommendation (a) for the position of Deputy Mayor.

iv.  That the General Manager, as Returning Officer, declare the Deputy Mayor elected for the September, 2008 to September 2009 term.

 

(d)    Appointment of Committees & their membership

i.   That Council determine the Committees and their duties, functions, quorums and delegated authorities in accordance with the attachment to the this report.

ii.   That appointment to the Committees be for the balance of the Council term.

iii.  That Council proceed to elect, appoint or nominate Committee members to the Committees and external bodies.

 

Attachment/s:

 

1.View

Committees, duties, composition, quorum & membership details

 

 

2.View

Committee membership 2007/2008

 

 

3.

Nominations forms for Mayor & Deputy Mayor

Included under separate cover

 

 

 

 


Committees, duties, composition, quorum & membership details

Attachment 1

 

 







 


Committee membership 2007/2008

Attachment 2