City of Moreland
Meeting Procedure Local Law
Local Law made by Council: 12 November 2014
Notice in Government Gazette: 20 November 2014
D14/347963
CITY OF MORELAND
MEETING PROCEDURE LOCAL LAW
TABLE OF CONTENTS
SECTION 1 PRELIMINARY 5
1. Local Law 5
2. Objectives 5
3. Council's Goals 5
4. Commencement 5
5. Sunset Provision 5
6. Revocation of Local Law 5
7. Application of Local Law 6
8. Definitions 6
SECTION 2 ELECTION OF MAYOR 8
9. Purpose 8
10. Election of Mayor 8
11. Method of Voting 8
12. Determining the Election of Mayor / Deputy Mayor 8
13. Ceremonial Mayoral Speech 9
SECTION 3 COUNCILLOR OFFICE HOLDERS 10
14. Councillor office holders 10
SECTION 4 COUNCIL’S COMMON SEAL 11
15. Purpose 11
16. Council’s common seal 11
SECTION 5 ISSUES & DISCUSSION WORKSHOPS 12
17. Briefing Arrangements 12
SECTION 6 DATE, TIME AND PLACE OF MEETINGS 13
18. Date, time and place of meetings 13
19. Special Meetings 13
20. Notice of meeting 13
21. Leave of absence 13
22. Emergency Special meeting Error! Bookmark not defined.
SECTION 7 QUORUMS 15
23. Ordinary Council meetings 15
24. Special Council meetings 15
25. Special Committee meetings 15
26. Inability to gain a quorum 15
27. Inability to maintain a quorum 15
28. Inability to achieve or maintain a quorum due to conflicts of interests of Councillors 15
29. Notice of adjourned meeting 16
SECTION 8 BUSINESS OF MEETINGS 17
30. The order of business 17
31. Change to order of business 17
32. Business at meetings 17
33. Conflict of Interest 18
SECTION 9 PUBLIC PARTICIPATION 20
34. Question time 20
35. Public addressing the meeting 21
36. Display of placards and posters 21
37. Suspensions 21
38. Chairperson May Remove 22
39. Chairperson may adjourn disorderly meeting 22
40. Offences 22
41. Petitions and joint letters 22
SECTION 10 VOTING 24
42. How question determined 24
43. Casting vote 24
44. By show of hands 24
45. When a division is permitted 24
46. No discussion once declared 24
SECTION 11 ADDRESSING THE MEETING 25
47. All persons to stand 25
48. Interruption for a point of order 25
49. Addressing the meeting 25
SECTION 12 MOTIONS 26
50. Chairperson’s duty 26
51. Moving a motion 26
52. Right of reply 27
53. Moving an amendment 27
54. Foreshadowing motions 27
55. Withdrawal of motions 28
56. Separation of motions 28
57. Motions in writing 28
58. Debate must be relevant to the motion 28
59. Adequate debate 28
60. Sufficient debate 28
61. Speaking times 29
62. By resolution of Council 29
63. When an extension can be proposed 29
64. No extension after next speaker commenced 29
65. Length of extension 29
66. Notices of Motion 29
67. Rejection of Notice of Motion 30
SECTION 13 POINTS OF ORDER 31
68. Chairperson to decide 31
69. Chairperson may adjourn to consider 31
70. Dissent in Chairperson’s ruling 31
71. Procedure for point of order 31
72. Valid points of order 31
73. Contradiction or opinion 32
74. Adjournment and resumption of meeting 32
75. Procedural motions 32
76. Laying the motion on the table 32
77. Proceeding to the next business 32
78. The previous motion 33
79. The closure 33
80. Adjourning the debate 33
SECTION 14 NOTICE OF RESCISSION 35
81. Procedure 35
82. Listing notice of rescission on agenda 35
SECTION 15 BUSINESS NOT LISTED ON AGENDA 37
83. Urgent and other business 37
SECTION 16 ADDITIONAL DUTIES OF CHAIRPERSON 38
84. The Chairperson’s duties and discretions 38
SECTION 17 MINUTES 39
85. Keeping of minutes 39
86. Confirmation of minutes 40
87. No debate on confirmation of minutes 40
88. Webcasting and Recording of Proceedings 40
SECTION 18 SUSPENSION OF STANDING ORDERS 42
89. Suspension of standing orders 42
SECTION 19 MISCELLANEOUS 43
90. When a resolution is acted on 43
91. Change of Council policy 43
SECTION 20 COMMITTEES 44
92. Application generally 44
93. Addressing a Special Committee Meeting 44
94. Application specifically 44
95. Application to Advisory Committees Generally 44
96. Application to Advisory Committees Specifically 44
Section 21 ENFORCEMENT AND PENALTIES 46
97. Infringement Notices 46
98. Payment of Penalty 46
SCHEDULE 1 ROLES OF COUNCILLOR OFFICE HOLDERS 1
SCHEDULE 2 PENALTIES FIXED FOR INFRINGEMENTS 3
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SECTION 1
PRELIMINARY
1. Local Law
(1) This Meeting Procedure Local Law is made under section 111 and Part 5 of the Local Government Act 1989. It is hereafter referred to as the “Meeting Procedure Local Law.”
2. Objectives
(1) The objectives of this Local Law are to:
(a) provide a mechanism to facilitate the good governance of Moreland City Council;
(b) promote and encourage community leadership by Moreland City Council consistent with the community’s views and expectations;
(c) promote and encourage community participation in local government;
(d) provide for the election of the Mayor and the Deputy Mayor;
(e) provide for the procedures governing the conduct of meetings; and
(f) provide for the use of Council’s common seal.
3. Council's Goals
(1) In meeting the objectives under clause 2, Council’s prime responsibility is to provide the community with responsive and visionary local government, accepting leadership in pursuing the interests of the community, always consultative, accessible and effective in responding to the community.
4. Commencement
(1) This local law comes into operation on the date following the day on which notice of its making is published in the Victoria Government Gazette.
5. Sunset Provision
(1) Unless sooner revoked, this Local Law is revoked by the operation of clause 122 of the Local Government Act 1989.
6. Revocation of Local Law
(1) On the commencement of this Local Law, Council’s Meeting Procedure Local Law dated 10 March 2010 is revoked.
7. Application of Local Law
(1) This Local Law applies to the conduct of meetings of Moreland City Council and of any of its Special Committees.
8. Definitions
(1) In this Local Law:
Act means the Local Government Act 1989;
Agenda means a document containing the date, time and place of a meeting and a list of business to be transacted at the meeting;
Authorised Officer means a member of Council staff who is authorised by Council to carry out specific functions under this Local Law;
Chairperson means the Chairperson of a meeting and includes an acting, temporary and substitute Chairperson;
Chief Executive Officer means the Chief Executive Officer of Council, and includes a person acting as Chief Executive Officer;
Clause means a clause of this local law;
Committee meeting means a meeting of a special committee or advisory committee established under section 86 of the Act;
Common seal means the common seal of Council;
Council means Moreland City Council;
Council Business means items that are resolved by Council in the process of its meeting.
Councillor means a Councillor of Council;
Council meeting includes an Ordinary Meeting and a Special Meeting;
Deputy Mayor means the Deputy Mayor of Council and any person acting as Deputy Mayor;
Director means a member of Council staff holding the position of Director or another position (however designated) at the second level of Council's organisation;
Mayor means the Mayor of Council and any person acting as Mayor;
Meeting means an Ordinary Meeting, Special Meeting or a Special Committee meeting;
Member means a Councillor or member of a Special Committee;
Minister means the Minister administering the Act;
Minutes means the official record of the proceedings and decisions of a meeting;
Motion means a proposal framed in a way that will result in the opinion of Council being expressed, and a Council decision being made, if the proposal is adopted;
Notice of motion means a notice setting out the text of a motion which a Councillor proposes to move at a meeting.
Offence means an act or default contrary to this Local Law;
On notice means placed on notice;
Ordinary Meeting means an Ordinary Meeting of Council;
Penalty unit means penalty units as prescribed under the Sentencing Act 1992;
Point of order means a procedural point, not involving the substance of a matter before a meeting;
Procedural motion means a motion that relates to a procedural matter only and which is not designed to produce any substantive result but used merely as a formal procedural measure;
Reports by Mayor and Councillors means a report of activities from Councillors that they have participated in between Council meetings and that is not Council Business.
Senior officer has the same meaning as in the Act;
Schedule means the Schedule to this Local Law; and
Special Meeting means a Special Meeting of Council.
SECTION 2
ELECTION OF MAYOR
9. Purpose
(1) The purpose of this Part is to provide for the election of the Mayor or Deputy Mayor (if any).
10. Election of Mayor
(1) The Chief Executive Officer must determine the most appropriate time and date for the election of the Mayor, except that the election of the Mayor must be held:
(a) after the fourth Saturday in October but not later than 30 November in each year; or
(b) as soon as possible after any vacancy in the office of the Mayor occurs.
(2) Notwithstanding clause 10(1)(a), Council may resolve to elect a Mayor for a term of 2 years.
(3) If Council resolves to elect the Mayor for a term of 2 years, the next election of the Mayor is 2 years after the last Saturday in October but not later than 30 November in the second year after the election.
11. Method of Voting
(1) The election of the Mayor must be carried out by a show of hands.
12. Determining the Election of Mayor / Deputy Mayor
(1) The Chief Executive Officer will preside during the election of the Mayor.
(2) The Chief Executive Officer must invite nominations for the office of Mayor.
(3) Any nomination for the office of Mayor must be seconded.
(4) Where in an election for the Mayor:
(a) only one candidate has been nominated, that candidate must be declared elected;
(b) two candidates have been nominated, the candidate with the majority of votes cast must be declared elected;
(c) two or more candidates have been nominated and there is an equality of votes, the candidate whose name is drawn by lot must be declared elected; and
(d) more than two candidates have been nominated and no candidate receives an absolute majority of the votes :
(i) the candidate with the fewest number of votes castmust be eliminated (and if more than one of them, the candidate eliminated is to be determined by lot);
(ii) the names of the remaining candidates must be put to the vote again; and
(iii) the procedure in (i) and (ii) above must be continued until there remains only two candidates and at which point the candidate to be declared elected is to be determined by the procedures outlined in sub-clauses (b) and (c) of this clause.
(5) If Council resolves to have the office of Deputy Mayor, the provisions of clause 12(4) apply to the election of the Deputy Mayor with all necessary modifications and adaptations.
13. Ceremonial Mayoral Speech
(1) Upon being elected, the Mayor may make a ceremonial speech.
(2) The purpose of the ceremonial Mayoral speech is to outline priorities for the year ahead based on the adopted Council Plan.
SECTION 3
COUNCILLOR OFFICE HOLDERS
14. Councillor office holders
(1) Council will:
(a) allocate to nominated Councillors the position of Councillors Responsible For; and
(b) assign members to committees.
The role of Councillor office holders is outlined in Schedule 1.
SECTION 4
COUNCIL’S COMMON SEAL
15. Purpose
(1) The purpose of this Part is to provide for the security and proper use of the common seal. The common seal is the corporate signature of Council, and exists in the form of a stamp. It evidences Council’s corporate will and authenticates decisions taken and acts performed by Council.
16. Council’s common seal
(1) The Chief Executive Officer must ensure the security of the common seal at all times.
(2) The affixing of Council’s common seal to any document must be attested to by the signatures of both:
(a) a Councillor; and
(b) the Chief Executive Officer,
acting on behalf of Council.
(3) A person must not use the common seal without authority from Council or the Chief Executive Officer.
Penalty: 10 penalty units
SECTION 5
ISSUES & DISCUSSION WORKSHOPS
17. Briefing Arrangements
(1) As part of Council’s governance arrangements, Councillors may meet regularly at an informal gathering of Councillors known as a “Issues & Discussion Workshop” or such other name as the Council from time to time adopts.
(2) The purpose of such meetings is for the organisation to provide advice or information on upcoming reports to Council, items of a complex nature or matters of significant community impact. The briefing enables open discussion between the organisation and the Councillors and assists both Council staff and Councillors to develop a better understanding of the matter for consideration.
(3) The briefings are not a formal decision-making forum.
(4) The Chief Executive Officer determines the agenda for all Council briefing sessions.
(5) The briefings are not open to the public.
(6) The operating meeting protocols and arrangements in relation to these briefings will be reviewed from time to time and subject to resolution of Council.
(7) The Mayor or, in his or her absence, the Deputy Mayor, will chair Councillor briefings.
SECTION 6
DATE, TIME AND PLACE OF MEETINGS
18. Date, time and place of meetings
(1) Council must from time to time fix the date, time and place of all Ordinary Meetings.
(2) Council may change the date, time and place of any Ordinary Meeting which has been fixed and must provide notice of the change to the public.
19. Special Meetings
(1) The notice necessary to call a meeting in accordance with section 84 of the Act must be delivered to the Chief Executive Officer or an Authorised Officer nominated by the Chief Executive Officer in sufficient time to enable notice to be given to Councillors.