Council AGENDA

Monday 7 November 2016

Commencing 7 pm

Coburg Town Hall, Moreland Civic Centre, 90 Bell Street, Coburg

Council Meeting7 November 20161

1.WELCOME

2.APOLOGIES

3.DECLARATION OF INTERESTS AND/OR CONFLICT OF INTERESTS

4.SWEARING IN CEREMONY

5.ELECTION OF INTERIM CHAIRPERSON

6.COUNCIL REPORTS:

CORPORATE SERVICES

DCS55/16Swearing in the Elected Council (D16/358313)3

DCS56/16Council Meeting Dates 2016 (D16/370897)6

Council Meeting 7 November 20161

DCS55/16Swearing in the Elected Council (D16/358313)

Director Corporate Services

Governance

Executive Summary

The Moreland Municipal elections were held on Saturday 22 October 2016. To fulfil its statutory obligations under the Local Government Act 1989, each elected candidate must:

take the oath of office; and

read and make a written declaration before the Chief Executive Officer that they will abide by the Councillors Code of Conduct

before they can act as a Councillor.

Recommendation
Council note that:
1.The oath or affirmation of office was taken, signed and dated by each elected candidate, witnessed before the Chief Executive Officer and is to be recorded in the minutes of Council.
2.Each elected candidate made a declaration witnessed before the Chief Executive Officer that they will abide by the Councillors Code of Conduct.

REPORT

1.Policy Context

This report and recommendation fulfils Council’s statutory obligations under the Local Government Act 1989.

2.Background

The Moreland Municipal elections were held on Saturday 22 October 2016. It is necessary for the elected candidates to be sworn into office and to read and sign the Councillors Code of Conduct.

3.Issues

Oath of office

Section 63 of the Local Government Act 1989 provides that a person elected to be a Councillor is not capable of acting as Councillor unless he or she has taken the following oath of office:

"I will undertake the duties of the office of Councillor in the best interests of the people in the municipal district of Moreland City Council and faithfully and impartially carry out the functions, powers, authorities and discretions vested in me under the Local Government Act 1989 or any other Act to the best of my skill and judgment."

Under Section 63 of the Local Government Act 1989 the oath of office must be:

made before the Chief Executive Officer;

dated and signed before the Chief Executive Officer; and

recorded in the minutes of the Council.

If a person elected to be a Councillor does not take the oath of office within 3 months after the day on which he or she was declared elected, the office of that Councillor becomes vacant, and a new election (which they cannot participate in) will be held to fulfil this vacancy.

Councillors Code of Conduct

All persons elected to be a Councillor must read the Councillors Code of Conduct, which the Chief Executive Officer has provided to them.

All persons elected to be a Councillor must read and make a declaration that they will abide by the Councillors Code of Conduct before they can act as a Councillor.

Each candidate must make and sign the following declaration in writing, witnessed and signed by the Chief Executive Officer:

“I hereby declare that I have read the Councillors Code of Conduct for Moreland City Council, adopted on 14 June 2016 and declare that I will abide by this code.”

If a person elected to be a Councillor does not fulfil this requirement within 3 months after the day on which he or she was declared elected, the office of that Councillor becomes vacant, and a new election (which they cannot participate in) will be held to fulfil this vacancy.

The Code of Conduct will be reviewed within 4 months of a general election.

Human Rights Consideration

The implications of this report have been assessed in accordance with the requirements of the Charter of Human Rights and Responsibilities.

4.Consultation

The Chief Executive Officer has been consulted in the preparation of this report.

5.Officer Declaration of Conflict of Interest

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

6.Financial and Resources Implications

There are no financial and resource implications associated with this report.

7.Implementation

The oath of office will be made and recorded in the minutes of the Council meeting.

Attachment/s

There are no attachments for this report.

Council Meeting 7 November 20161

DCS56/16Council Meeting Dates 2016 (D16/370897)

Director Corporate Services

Governance

Executive Summary

The Council Meeting Schedule for the period January to December 2016 was presented to Council at the December 2015 Council Meeting (DCS96/15). This schedule detailed the dates of all Council and Urban Planning meetings.

With changes to Australia Post’s standard delivery timeframes impacting on the timelines for the declaration of the poll, some minor changes are required to the Council meeting dates.

The purpose of this report is to amend the dates of two of the Council meetings.

All costs associated with the staging of Council meetings, including venue preparations, are met from allocated budget funds.

Recommendation
Council resolves:
1.To adopt the following revised Council meeting dates for the remainder of 2016.
Ceremonial Council meeting - 7 pm Monday 14 November 2016
Council meeting - 7 pm Wednesday 23 November 2016

REPORT

1.Policy Context

The Council Meeting Schedule is consistent with the Council Plan 2013 – 2017 commitments to ensure the Moreland community has access to information, opportunities to participate in decision making and access to decision makers.

2.Background

A Council meeting schedule for the 2016 calendar year was adopted at the December 2015 Council meeting (DCS96/15), with the Ceremonial meeting originally scheduled for 7 November 2016 and the Council meeting scheduled for 16November 2016. However, subsequent changes to Australia Post standard delivery timeframes has meant the Declaration of the Poll is now later than originally envisaged to allow for sufficient time for postal votes to arrive and be counted.

3.Issues

It is proposed that the Ceremonial and November Council meetings be amended to the following dates and times:

Ceremonial Council meeting - 7 pm Monday 14 November 2016

Council meeting - 7 pm Wednesday 23 November 2016

The amended dates will enable Council to effectively carry out its functions for the remaining 2016 Council year.

The dates for the Urban Planning Committee meetings remain unchanged.

The Council Meeting Schedule for 2017 will be presented to the December 2016 Council meeting.

Human Rights Consideration

The implications of this report have been assessed in accordance with the requirements of the Charter of Human Rights and Responsibilities.

4.Consultation

The Manager Property and Governance and the Chief Executive Officer have been consulted in the preparation of this report.

5.Officer Declaration of Conflict of Interest

Council officers involved in the preparation of this report have no Conflict of Interest in this matter.

6.Financial and Resources Implications

All other costs associated with the staging of Council meetings, including venue preparations, are met from allocated budget funds.

7.Implementation

Following adoption of the amended dates the Executive Assistant to Councillors will schedule relevant meetings in Councillors’ diaries.

Attachment/s

There are no attachments for this report.

Council Meeting 7 November 20161