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Extraordinary Council Meeting

 

  BUSINESS PAPER

 

 

 

Wednesday 26 September 2018

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Administrative Centre 30 Frances Street Randwick 2031

Telephone: 1300 722 542

Fax: 02 9319 1510

 council@randwick.nsw.gov.au

www.randwick.nsw.gov.au


 

 

 

 

 

 

 

 

 

 

 

 


Ordinary Council                                                                                            26 September 2018

 

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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, First Floor Town Hall building, 90 Avoca Street, Randwick on Wednesday, 26 September 2018 at 7:00pm

 

 

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 Country

I would like to acknowledge that we are meeting on the land of the Bidjigal and the Gadigal peoples who occupied the Sydney Coast, being the traditional owners.  On behalf of Randwick City Council, I acknowledge and pay my respects to the Elders past and present, and to Aboriginal people in attendance today.

Apologies/Granting of Leave of Absences 

Declarations of Pecuniary and Non-Pecuniary Interests

Address of Council by Members of the Public

Privacy warning;

In respect to Privacy & Personal Information Protection Act, members of the public are advised that the proceedings of this meeting will be recorded for the purposes of clause 69 of Council’s Code of Meeting Practice.

Audio/video recording of meetings prohibited without permission;

A person may be expelled from a meeting for using, or having used, an audio/video recorder without the express authority of the Council.

Mayoral Minutes

Mayoral Minutes, if any, will be distributed on the night of the meeting.

Urgent Business

General Manager's Reports

GM23/18   Election of Mayor and Deputy Mayor (September 2018 to September 2019) and committee elections............................................................................. 1

 

 

…………………………………………………….

Ray Brownlee

General Manager

 


Ordinary Council                                                                                            26 September 2018

 

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General Manager's Report No. GM23/18

 

Subject:             Election of Mayor and Deputy Mayor (September 2018 to September 2019) and committee elections

Folder No:                   F2005/00751

Author:                   Julie Hartshorn, Senior Administrative Coordinator     

 

Introduction

 

The purpose of this report is to facilitate the election of the Mayor (to fill a casual vacancy) and Deputy Mayor and the appointment of Councillors to the various advisory and external committees.

 

Issues

 

In accordance with section 230 of the Local Government Act 1993 (LGA) the Mayor holds the office of Mayor for a two (2) year term (ie. the current Mayor was elected for the period September 2017 to September 2019).

 

Section 230 of the LGA:

“230 - For what period is a mayor elected?

 

(1)    A mayor elected by the councillors holds the office of mayor for 2 years, subject to this Act.

(2)    A mayor elected by the electors holds the office of mayor for 4 years, subject to this Act.

(3)    The office of mayor:

(a)    commences on the day the person elected to the office is declared to be so elected, and

(b)    becomes vacant when the person’s successor is declared to be elected to the office, or on the occurrence of a casual vacancy in the office.

(4)    A person elected to fill a casual vacancy in the office of mayor holds the office for the balance of the predecessor’s term.”

 

Cr Shurey has indicated that she will be formally resigning from the position of Mayor as of 26 September 2018, creating a casual vacancy in the office in accordance with section 230(3)(b) of the LGA. Given that the term of the current Council will be three (3) years until September 2020, rather than four (4) given the deferral of the September 2016 Local Government elections, it has been confirmed with the Office of Local Government that Council is required to elect the Mayor for a two (2) year term from September 2017 to September 2019 and then for a one (1) year term from September 2019 until the end of the term of the Council (being September 2020). The casual vacancy to be filled, therefore, will be for the period from September 2018 to September 2019.

 

Council is not required to elect a Deputy Mayor. It has, however, been the practice at Randwick City Council to elect a Deputy Mayor to assist the Mayor as and when required. The Deputy Mayor may be elected for the Mayoral term (2 years) or a shorter term. The Deputy Mayor was elected in September 2017 for a one year term (ie. from September 2017 to September 2018).

 

Section 231 of the Local Government Act 1993 relates to the election of a Deputy Mayor:

“231   Deputy mayor

(1)    The councillors may elect a person from among their number to be the deputy mayor.

(2)    The person may be elected for the mayoral term or a shorter term.

(3)    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.

(4)    The councillors may elect a person from among their number to act as deputy mayor if the deputy mayor is prevented by illness, absence or otherwise from exercising a function under this section, or if no deputy mayor has been elected.”

 

In addition, it is necessary for Council to make appointments to Council and Community Committees for either a 12 month period or for some other period (eg. the remainder of the Council term (September 2018 to September 2020).

 

1.      Election of Mayor – to fill casual vacancy for the period September 2018 to September 2019

The procedure to be followed for the election of Mayor is outlined in Attachment 1 ‘OLG – September 2018 mayoral elections – Fact Sheet’.

 

2.      Election of Deputy Mayor – September 2018 to September 2019

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 procedure to be followed for the election of Deputy Mayor is the same as for the election of Mayor.

 

3.      Appointment of Committees

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 2017, their duties, composition, quorums and membership details are attached to this report, in the following categories:

 

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

 

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

       outside representation.

 

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

 

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 advisory 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 and 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 term September 2018 to September 2019.

 

c)     Election of Deputy Mayor

i.   That the Council determine if it will elect a Deputy Mayor.

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

iii.  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.

iv.  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.

v.  That the General Manager, as Returning Officer, declare the Deputy Mayor elected for the term September 2018 to September 2019.

 

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 Council determine the term for the appointment to Committees.

iii.   That Council proceed to elect, appoint or nominate delegates to Advisory Committees and external bodies.

 

 

Attachment/s:

 

1.

OLG - September 2018 mayoral elections - Fact Sheet

 

2.

Nomination forms for Mayor and Deputy Mayor

Included under separate cover

3.

Committee Membership September 2017-18

 

4.

Committee Duties composition etc - 2017-18

 

 

 

 


OLG - September 2018 mayoral elections - Fact Sheet

Attachment 1

 

 

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Committee Membership September 2017-18

Attachment 3

 

 

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Committee Duties composition etc - 2017-18

Attachment 4

 

 

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