Banyule City Council Mayoral Election Special Meeting 28 October 2014

Special Meeting of Council Council Chambers, Service Centre 275 Upper Heidelberg Road, Ivanhoe 28 October 2014 commencing at 7.00pm

AGENDA

WELCOME - Mr Simon McMillan, Chief Executive Officer APPOINTMENT OF TEMPORARY CHAIRPERSON Temporary Chairperson’s Acknowledgement of the Wurundjeri People “Our Meeting is being held on the traditional lands (country) of the Wurundjeri people and I wish to acknowledge them as the traditional owners and pay my respects to their Elders.”

Apologies and Leave of Absence Disclosure of Interests REPORTS: 1. Performance - Use Our Resources Wisely 6.1 Mayoral Term.......................................................................................................... 3 6.2 Election of Mayor .................................................................................................... 5 6.3 Consideration of Nominations for Deputy Mayor ..................................................... 8 6.4 Appointment of Councillors on Committees .......................................................... 10 Closure of Meeting

6.1

MAYORAL TERM

Author:

Kellie O'Shea - Senior Governance Officer, City Development

File:

F2014/4054

6.1

Performance - Use Our Resources Wisely

EXECUTIVE SUMMARY The Local Government Act 1989 (the Act) stipulates that Council must elect a Mayor.

Before a Mayor is elected, the Council may resolve to elect a Mayor for a term of two years.

Banyule has traditionally elected a Mayor for a one year term.

In accordance with section 71 of the Act, Council is required to determine the Mayoral term. A resolution is required to set the term of the Mayor.

OFFICER DECLARATION OF CONFLICT OF INTEREST Section 80C of the Local Government Act 1989 requires members of Council staff, and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates.

Council officers involved in the preparation of this report have no conflict of interest in this matter.

CITY PLAN This report is in line with Council’s City Plan key direction to “enable good governance and accountability with minimal risk”.

BACKGROUND In accordance with Section 71(2) of the Local Government Act 1989 Council may resolve to elect a Mayor for a term of either one or two years, but must do so before the Mayor is elected. Banyule has traditionally elected a Mayor for a one year term.

Legislative Context The election of the Mayor requirements are set out in the Local Government Act 1989 and include: (1) The Councillors must elect a Councillor to be the Mayor of the Council at a meeting of the Council that is open to the public, (2) Before a Mayor is elected under this section, the Council may resolve to elect a Mayor for a term of 2 years.

(3) The Mayor is to be elected— (a) after the fourth Saturday in October but not later than 30 November in each year; or (ab) if under subsection (2), the Mayor is elected for a term of 2 years, the next election of Mayor is 2 years after the fourth Saturday in October but not later than 30 November in the second year after the election; or (b) as soon as possible after any vacancy in the office of Mayor occurs.

Special Meeting of Council - 28 October 2014

Page 3

Performance - Use Our Resources Wisely

MAYORAL TERM cont’d

6.1

HUMAN RIGHTS CHARTER In developing this report to Council, the subject matter has been considered to determine if it raises any human rights issues. In particular, whether the scope of any human right established by the Victorian Charter of Human Rights and Responsibilities is in any way limited, restricted or interfered with by the recommendations contained in this report. It is considered that the subject matter does not raise any human rights issues.

CONCLUSION In accordance with Section 71(2) of the Local Government Act 1989 Council determine the term of the Mayor.

RECOMMENDATION That Council resolves to elect the Mayor for a term of one year.

ATTACHMENTS Nil

Special Meeting of Council - 28 October 2014

Page 4

6.2

ELECTION OF MAYOR

Author:

Kellie O'Shea - Senior Governance Officer, City Development

File:

F2014/4054

6.2

Performance - Use Our Resources Wisely

EXECUTIVE SUMMARY The Mayor is the leader of the Council and has a number of roles which are both legislative and functional. The legislative requirements are outlined in Sections 71 to 73 of the Local Government Act 1989 (the Act).

The Act states that Council must elect a Mayor at a meeting that is open to the public.

The Act states that the Mayor not only takes precedence at all municipal proceedings within the municipality but must also take the chair at all meetings of the Council at which he or she is present.

The Mayor’s role, however, extends well beyond officiating at Council Meetings or other municipal proceedings. Additional important roles are providing leadership, promoting positive relationships, and modelling good governance.

This report relates to the election of the Mayor for Banyule City Council for the 2014/2015 Mayoral term.

CITY PLAN This report is in line with Council’s City Plan key direction of “enable good governance and accountability with minimal risk” BACKGROUND The role of the Mayor is one that requires both commitment and leadership.

Apart from the roles stated in the legislation, the Mayor is usually the Council spokesperson and has a significant ceremonial role at particular events, including citizenship ceremonies.

When the Mayor has been elected by at least a majority vote, the position becomes the leader of all the Councillors whether they supported an individual or not. What this means is that the Mayor has responsibilities towards, and is accountable to, all Councillors and the Mayor’s leadership style should reflect this.

The role includes: Community leadership – the Mayor is the principal Council spokesperson. The Mayor takes a leadership role in the community in promoting the Council and its achievements;

Special Meeting of Council - 28 October 2014

Page 5

Performance - Use Our Resources Wisely

6.2

ELECTION OF MAYOR cont’d Chairperson of the Council – the Mayor takes precedence at all proceedings of the Council and must take the chair at all meetings at which he or she is present. As chairperson, the Mayor should preside without fear or favour and encourage Councillors to participate effectively in all aspects of the Council’s decision making.

The way in which the Mayor chairs council meetings makes a significant contribution to good governance. A well-run meeting that is inclusive and has high standards of governance relies on the mayor’s approach to being chair. Mayors should have a good knowledge of meeting procedures and their council’s meetings local law and Promoting good relationships - Good relationships are the glue for good governance. Councillors particularly rely on the cooperation and support of colleagues and the administration to achieve their goals. This cooperation is based on good relationships, and an understanding and acceptance of each role. The Mayor is in an ideal position to foster positive relationships between the various elements of local government by setting a good example.

Managing and modelling good conduct - The Mayor also has considerable influence in establishing standards of good governance behaviour and ethics.

As the leader of Council, the Mayor has an important formal role to play in promoting good conduct and managing poor conduct. In some Victorian Local Government Councillor Codes of Conduct, the Mayor is central to the dispute resolution process.

In those cases, the Mayor must oversee the internal processes which deal with any alleged misbehaviour, as well as be involved in recommending referrals to external bodies when necessary.

It is critical that the Mayor’s role in these proceedings is characterised by fairness, an appreciation of natural justice, and the awareness of being the leader of all councillors, not just those who are supporters.

Civic role – the Mayor performs an important social role and is called upon by community groups to officially open events, etc.

LEGISLATIVE REQUIREMENTS The Local Government Act 1989 requires the Councillors to elect a Councillor to be the Mayor of the Council. The election of the Mayor must not be done by secret ballot. Any Councillor is eligible for election to the office of Mayor.

Section 73 of the Local Government Act 1989 sets out the Precedence of the Mayor: (1) The Mayor of a Council takes precedence at all municipal proceedings within the municipal district.

(2) The Mayor must take the chair at all meetings of the Council at which he or she is present.

(3) If there is a vacancy in the office of Mayor or the Mayor is absent, incapable of acting or refusing to act, the Council must appoint one of the Councillors to be the acting Mayor.

(4) An acting Mayor may perform any function or exercise any power conferred on the Mayor.

Section 72 of the Act outlines the term of office of the Mayor: (1)

The office of Mayor becomes vacant— (a) at 6 a.m. on the day of the election of the Mayor; or

Special Meeting of Council - 28 October 2014

Page 6

Performance - Use Our Resources Wisely

(b) if he or she dies or ceases to be a Councillor; or (ba) if his or her office as a Councillor is suspended for any period under this Act; or (c) if he or she resigns in writing which is given at a Council meeting or to the Chief Executive Officer; or

(2)

(3)

(ca) if he or she becomes ineligible to hold office under section 81K; or (d) if he or she is ousted from office.

For the avoidance of doubt, the office of Mayor becomes vacant under subsection (1)(b) at 6 a.m. on the day of a general election whether or not the Mayor has completed his or her term of office as resolved by the Council under section 71(1).

Any Councillor is eligible for election or re-election to the office of Mayor.

RECOMMENDATION That nominations be called and the Mayor of Banyule City Council be elected for the period as determined by Council.

ATTACHMENTS Nil

Special Meeting of Council - 28 October 2014

Page 7

6.2

ELECTION OF MAYOR cont’d

6.3

CONSIDERATION OF NOMINATIONS FOR DEPUTY MAYOR

Author:

Kellie O'Shea - Senior Governance Officer, City Development

File:

F2014/4054

6.3

Performance - Use Our Resources Wisely

EXECUTIVE SUMMARY The Local Government Act 1989 does not deal with the election of a Deputy Mayor.

Accordingly, Councils may choose to appoint a Deputy Mayor if they believe this will assist their governance. The Act does not prescribe a role or permit a level of remuneration over and above that available to Councillors.

For Councils that have a Deputy Mayor, the position is a titular one and does not have a statutory role. Unlike the roles of Deputy Premier or Prime Minister, a Deputy Mayor is not able to automatically step into the role of Mayor if this becomes necessary. An Acting Mayor must be appointed by Council on each occasion whenever an Acting Mayor is required.

Traditionally Banyule Council has been in favour of appointing a Deputy Mayor to provide support and assistance to the Mayor in undertaking his/her workload.

This report requests Council to consider the appointment of a Deputy Mayor for the 2014/2015 Mayoral term.

CITY PLAN This report is in line with Council’s City Plan key direction to “enable good governance and accountability with minimal risk”.

BACKGROUND Section 73(3) of the Local Government Act 1989 (the Act) provides for the appointment of an Acting Mayor where there is vacancy in the office of Mayor, or the Mayor is absent, incapable of acting, or refusing to act.

The appointment of the Acting Mayor is not a permanent appointment. An Acting Mayor must be appointed each time there is a vacancy in the office of Mayor, or the Mayor is absent, incapable of acting, or refusing to act.

A Deputy Mayor does not have any statutory role or function under the Act and cannot automatically deputise for the Mayor with regard to the exercise of these.

Banyule, like a number of other Council choose to also elect a Deputy Mayor at the same time as appointing a Mayor. The positon is seen as providing opportunity for other Councillors to deputise for the Mayor on occasions where the Mayor may be unavailable, or to assist the Mayor in undertaking the role. While the Act does not recognise the role of Deputy Mayor, Banyule believes it to be a worthwhile position and has established a duty statement for the role of Deputy Mayor for Banyule.

Special Meeting of Council - 28 October 2014

Page 8

Performance - Use Our Resources Wisely

CONSIDERATION OF NOMINATIONS FOR DEPUTY MAYOR cont’d Role of Deputy Mayor

   

The Deputy Mayor assists and supports the Mayor in the day to day duties of Mayor.

The Deputy Mayor would generally act in the position of Mayor (subject to Council resolution) in the absence of the Mayor; Attendance at functions in place of the Mayor; Council’s spokesperson in media statements where the Mayor is unavailable and also as otherwise agreed by the Councillors.

RECOMMENDATION That Council make a determination on the appointment of a Deputy Mayor of Banyule City Council for 2014/2015 Mayoral term.

ATTACHMENTS Nil

Special Meeting of Council - 28 October 2014

Page 9

6.3

The role of the Deputy Mayor is to give effective support to the Mayor and Councillors during the day-to-day function of Council and includes:

6.4

APPOINTMENT OF COUNCILLORS ON COMMITTEES

Author:

Kellie O'Shea - Senior Governance Officer, City Development

File:

F2014/4054

6.4

Performance - Use Our Resources Wisely

EXECUTIVE SUMMARY Annually Council appoints Councillor delegates to the Council Advisory Committees and other external committees.

Advisory Committees are made up of Councillors and community members. They have terms of references and meet to discuss issues and advise Council.

In addition to Advisory committees, Council is often invited to participate on a range of external committees in partnership.

Both advisory and external committees provide important linkages between Council, Community and State agencies and interest groups.

Council’s approval of the Councillor appointments to the various committees is required.

CITY PLAN This report is in line with Council’s City Plan key direction of “enable good governance and accountability with minimal risk”.

BACKGROUND The following Committees are those on which Councillors are asked to be represented. Some of these are Council's Advisory Committees, others are from external organisations where it is valuable for Banyule to have Council input.

The following are existing appointments: BANYULE ADVISORY COMMITTEES Age-Friendly Advisory Committee The initial terms of reference for this committee will be for the development of an Age-Friendly City Plan 2015- 2018. Following Council’s adoption of the Plan, the terms of reference will be reviewed along with membership to the Committee. The Committee will include representation from Council, Residents, Community Organisations, Agencies and Service providers who have a focus on the provision of services to older people in Banyule and Community Groups.

Special Meeting of Council - 28 October 2014

EXISTING DELEGATE Currently Vacant

EXISTING SUBSTITUTE Currently Vacant

Page 10

Performance - Use Our Resources Wisely

APPOINTMENT OF COUNCILLORS ON COMMITTEES cont’d

Arts and Cultural Advisory Group Provide a formal mechanism for Council to consult with key stakeholders, seek specialist advice and enable community participation in arts & cultural planning and development.

Asset Management Steering Committee The purpose of the Asset Management Committee is to review Council’s Asset Management Strategy to ensure that it meets the Federal and State Government initiatives to better manage the planning and long term maintenance of infrastructure assets.

Audit Advisory Committee The role of the Audit Committee is to assist Council in fulfilling its governance responsibilities by overseeing compliance with laws and regulations, accountability requirements, ensuring sound ethical standards are practised and the necessary systems controls are in place to manage risks.

Banyule Bicycle Advisory Committee This committee with provide advice to on the implementation of the newly adopted Banyule Bicycle Strategy 2010-2020 and Implementation Plan and other related documents/initiatives as well as providing advice to Council on relevant cycling matters and raise cycling issues of local, regional or global interest or concern for consideration by Council.

Banyule Community Plan Implementation Committee This committee will monitor the implementation of the Community Plan. It is made up of representatives from each of the project groups undertaking the Community Plan actions and Council to ensure that communication is maintained between the Community Plan and Council’s other planning processes.

Banyule Environment Advisory Committee (BEAC) Provide advice to Council and Council staff on the development, implementation and evaluation of Council’s key environmental documents and initiatives including the Environment Strategy and the State of Environment report and other related documents/initiatives.

Banyule Multicultural Advisory Committee (BMAC) The aim of BMAC is to provide Council with advice on multicultural issues and on the development and implementation of Council’s Inclusion. Access and Equity Plan (IAEP).

Special Meeting of Council - 28 October 2014

EXISTING DELEGATE Cr Jenny Mulholland Cr Tom Melican

EXISTING SUBSTITUTE

6.4

BANYULE ADVISORY COMMITTEES CONT’D

Cr Steven Briffa Cr Wayne Phillips

Cr Mark Di Pasquale

Cr Rick Garotti Cr Mark Di Pasquale

Cr Craig Langdon Cr Tom Melican

Cr Tom Melican Cr Steven Briffa

Cr Rick Garotti Cr Mark Di Pasquale

Cr Craig Langdon

Cr Steven Briffa

Cr Tom Melican

Cr Rick Garotti

Cr Mark Di Pasquale

Page 11

Performance - Use Our Resources Wisely

APPOINTMENT OF COUNCILLORS ON COMMITTEES cont’d

6.4

BANYULE ADVISORY COMMITTEES CONT’D Banyule Road Safety Committee This committee will provide advice to Council and Council staff on the implementation of the newly adopted Banyule Road Safety Plan 2010-2015 and other related documents/initiatives as well as providing advice to Council on relevant road safety matters and raising road safety issues of local, regional or global interest or concern for consideration

by Council.

Disability & Inclusion Advisory Committee The aim of BDIAC is to provide Council with advice on disability and inclusion issues and on the implementation of Council’s Inclusion, Access and Equity Framework (IAEF) and Council Disability Action Plan.

The priority of the committee is to assist with the development of the 3 year Disability Action Plan 2015-2017.

Early Years Advisory Committee Its role is to: Contribute to the identification of key priorities for children and families in Banyule City Council from a parent/carer perspective; Inform Council’s planning in response to early year’s issues and developments; Provide advice in relation to key early years initiatives and activities; & Participate in discussions regarding the progression of early childhood as a priority for our community.

Gay, Lesbian, Bisexual, Transgender and Intersex (GLBTI) Advisory Committee The aim of the GLBTI committee is to provide Council with advice and information on issues facing the GLBTI community and on the development and implementation of Council’s Inclusion, Access and Equity Plan (IAEP).

Ivanhoe Community Consultative Committee The role of the Committee is to identify and direct the type, level and quantity of land use and development changes in the Ivanhoe precinct for inclusion in the Ivanhoe Structure Plan.

Neighbourhood Character Focus Group To represent Council’s interests on local housing topics expressed in the Banyule Housing Strategy and Neighbourhood Character Strategy.

Special Meeting of Council - 28 October 2014

EXISTING DELEGATE Cr Craig Langdon Cr Steven Briffa

EXISTING SUBSTITUTE Cr Tom Melican

Currently Vacant

Currently Vacant

Cr Mark Di Pasquale

Cr Jenny Mulholland

Cr Jenny Mulholland

Cr Craig Langdon

Cr Jenny Mulholland Cr Craig Langdon

Cr Wayne Phillips

Cr Wayne Phillips Cr Steven Briffa

Cr Jenny Mulholland

Page 12

Performance - Use Our Resources Wisely

APPOINTMENT OF COUNCILLORS ON COMMITTEES cont’d

Strategic Property Group The purpose of this committee is to review the current and future property requirements of the Council to ensure that adequate provision is made to meet future community needs. The committee reviews current property holdings to ensure that it is still needed for Council requirements or can be better utilised for another purpose. The committee also considers property required for future expansion related to the GPAC Project.

EXTERNAL COMMITTEES Darebin Creek Management Committee Established to ensure the preservation, restoration, environmental protection, and ecologically sensitive development and maintenance of the Darebin Creek Linear Park.

Melbourne’s Valley of the Arts Regional Tourism Board Inc (MVotA) To promote the middle Yarra parklands area to increase recognition of its arts, cultural and environmental heritage amongst local residents and visitors to Melbourne.

Metropolitan Transport Forum Provides a framework for strategic regional waste management planning and a waste management coordination role for waste issues in regions.

Metropolitan Waste Management Group (MWMG) Provides a framework for strategic regional waste management planning and a waste management coordination role for waste issues in regions.

EXISTING DELEGATE Cr Mark Di Pasquale Cr Wayne Phillips Cr Steven Briffa Cr Craig Langdon

EXISTING SUBSTITUTE

6.4

BANYULE ADVISORY COMMITTEES CONT’D

EXISTING DELEGATE Cr Craig Langdon

EXISTING SUBSTITUTE Cr Jenny Mulholland

Cr Craig Langdon

Cr Jenny Mulholland

Cr Tom Melican

Cr Rick Garotti

Cr Craig Langdon Cr Tom Melican*

Cr Wayne Phillips

Cr Jenny Mulholland

Cr Tom Melican

* MWMG Board : On 23 April 2013, the Governor in Council appointed four Councillors after being elected

by Metropolitan Local Governments' Waste Forum delegates to represent the 30 metropolitan councils on the MWMG Board. Councillor Tom Melican was elected as a Director on the MWMG Board. Their tenure will run until 28 October 2016.

Municipal Association of Victoria (MAV) & Australian Local Government Association (ALGA) Provides leadership by supporting local governments to achieve high levels of respect and recognition through improved performance.

Special Meeting of Council - 28 October 2014

Page 13

Performance - Use Our Resources Wisely

APPOINTMENT OF COUNCILLORS ON COMMITTEES cont’d

6.4

EXTERNAL COMMITTEES CONT’D Municipal Association of Victoria (MAV) – Environment Committee To provide strategic advice to the MAV on environment issues of importance to local government and the needs and issues of members in delivery of environmental outcomes.

Municipal Association of Victoria (MAV) – Future Growth Reference Group A reference group to develop a consolidated policy position for housing planning for greater Melbourne.

Municipal Association of Victoria (MAV) – Future of Local Government (FOLG) Strategic Change Group To collectively establish an agreed future vision for local government and to develop frameworks and tools to enable councils to achieve that vision.

Municipal Association of Victoria (MAV) Planning Advisory Group & Metro Strategy Group To provide strategic advice to the MAV on strategic and statutory planning issues impacting on Local Government and to guide MAV policy and position development on planning related issues.

Municipal Association of Victoria (MAV) – Transition Community Working Group Formed by the MAV to assess the Transition Community framework and allow communities to become aware of future global challenges and encourage them to work together to produce plans to achieve a transition to a better future at a local level.

Municipal Association of Victoria (MAV) Transport & Infrastructure Advisory Group To advise the MAV on strategic infrastructure and transport issues impacting on local governments and to assist the MAV to carry forward key policies and campaigns in this area.

Napier Waller Property Committee of Management To manage the restoration of the house, garden and art collection of the former residence of the artist Napier Waller.

Northern Alliance for Greenhouse Action (NAGA) Investigates, develops and coordinates energy saving and greenhouse gas emissions abatement projects within the NAGA region.

Special Meeting of Council - 28 October 2014

EXISTING DELEGATE Cr Jenny Mulholland Cr Tom Melican

EXISTING SUBSTITUTE

Cr Wayne Phillips

Cr Jenny Mulholland

Cr Tom Melican

Cr Tom Melican

Cr Jenny Mulholland

Cr Tom Melican

Cr Tom Melican Cr Mark Di Pasquale

Cr Jenny Mulholland

Cr Craig Langdon

Cr Tom Melican

Page 14

Performance - Use Our Resources Wisely

APPOINTMENT OF COUNCILLORS ON COMMITTEES cont’d

Northern Melbourne Regional Development Australia Committee An Australian Government initiative that aims to bring together all levels of government to enhance the growth and development of regional Australia and to ensure that the three levels of government work in partnership to benefit local communities and find local solutions.

Northland Structure Plan Steering Committee In partnership with Darebin City Council, the Committee is intended to represent Heidelberg West and create a Masterplan for Darebin Creek. The Committee’s vision is for Northland to transform into a vibrant mixed use activity centre that provides for future community needs and new development options in Darebin and Banyule.

Olympia Housing Initiative – Community Liaison Committee The Olympia Housing Initiative is a ten-year program to improve housing in the suburbs of Heidelberg West, Heidelberg Heights and Bellfield, and will contribute to making better neighbourhoods, to improving streetscapes and amenity, and to creating a balanced and sustainable mix of public and private housing. Community Liaison Committees are established in major public housing redevelopments to enhance the stakeholder consultation process and to enable community participation in the project.

Victorian Local Governance Association (VLGA) The VLGA is a principal source of democratic and cooperative leadership to municipalities and associated community groups. It assists local governments to maintain peace, order and good government in Victoria.

3081 Connect (formerly West Heidelberg Neighbourhood Renewal Steering Committee) This committee made up of 11 organisation representatives and 11 residents. The role of the Committee is to develop a Community Action Plan in response to the needs of residents and oversee the implementation and evaluation of the activities in the plan.

Yarra Plenty Regional Library Audit Committee A sub committee of the Yarra Plenty Regional Library Board which advises on financial and risk management issues.

Special Meeting of Council - 28 October 2014

EXISTING DELEGATE Cr Tom Melican

EXISTING SUBSTITUTE

6.4

EXTERNAL COMMITTEES CONT’D

Cr Craig Langdon

Cr Craig Langdon

Cr Rick Garotti

Cr Tom Melican

Cr Craig Langdon

Cr Jenny Mulholland Cr Steven Briffa

Cr Craig Langdon

Page 15

Performance - Use Our Resources Wisely

APPOINTMENT OF COUNCILLORS ON COMMITTEES cont’d

6.4

EXTERNAL COMMITTEES CONT’D Yarra Plenty Regional Library Board The Board is made up of two representatives of the three municipalities (Banyule, Nillumbik, Whittlesea) that constitute the service. Its role is to set policy and direction for the regional library service.

PORTFOLIOS City Development Community Programs Assets & City Services Corporate Services

EXISTING DELEGATE Cr Jenny Mulholland Cr Steven Briffa

EXISTING DELEGATE Cr Wayne Phillips Cr Jenny Mulholland Currently Vacant Currently Vacant

EXISTING SUBSTITUTE Cr Craig Langdon

EXISTING SUBSTITUTE N/A N/A N/A N/A

RECOMMENDATION 1.

That Council determine Councillor delegates to Committees and other bodies.

2.

Those Committees and other bodies be advised accordingly.

ATTACHMENTS Nil

Special Meeting of Council - 28 October 2014

Page 16