decision of 3660 council meeting held on 16 ......attachment to cos01 - 16/02/15 page 4 governance...

DECISION OF 3660th

HELD ON 16 FEBRUARY 2015 COUNCIL MEETING

14. CoS01: Governance Committee - Minutes 9 February 2015

Report of Ian Curry, Manager Governance and Committee Services This report presents the recommendations of the last meeting of the Governance Committee held on 9 February 2015

The meeting only dealt with the Minutes and Item G01. Items G02 to G04 are attached to this report for Council’s determination.

, for Council adoption. The minutes are attached for information.

Recommending: 1. THAT in respect of Item G01, Council adopt the following recommendations of the Governance Committee

a) Council affirm that North Sydney is Fit for the Future as a stand alone Council, within its current boundaries.

b) Council allocate $30,000 to cover the costs relating to the public meeting, including advertising and printing, and any subsequent campaign requirements.

c) Council endorse the structure of the Public Meeting scheduled for 23 February 2015.

d) Council endorse the Community Engagement Strategy. e) Council write to the Councils of Mosman, Lane Cove, Willoughby, Hunters

Hill, Ryde and the City of Sydney seeking their willingness or otherwise, to engage in discussions regarding the possibility of merging with North Sydney and/or each other to create a new entity which may satisfy the NSW Government’s Fit for the Future Scale and Capacity criteria.

f) Council reiterate its current policy position opposing amalgamation and advise the community/public campaign accordingly.

g) Council provide a submission to the government that the government’s Fit for the Future criteria is flawed and that despite this, Council has the scale, capacity, resources to more than adequately deliver services to its community as a stand alone Council by 30 June 2015.

2. THAT the Webcasting of Council Meetings report (G02) be received. 3. THAT in relation to the Compliance with Performance Improvement Order report (G03), that thisa be deferred to the next Legal and Planning CommitteeCouncil close the meeting to the public pursuant to sections 10A(1), 10A(2)(a), 10A(2)(d) and 10A(2)(g) of the Local Government Act 1993 to consider legal advice and commercial proposals in response to the Council resolution of 15 December 2014. 4. THAT Council receive the General Manager’s Performance Agreement for 2014/15 (G04).

The Motion was moved by Councillor Beregi and seconded by Councillor Clare 1. THAT in respect of Item G01, Council adopt the following recommendations of the Governance Committee





Hill, Ryde and the City of Sydney seeking their willingness or otherwise, to

engage in discussions regarding the possibility of merging with North Sydney and/or each other to create a new entity which may satisfy the NSW Government’s Fit for the Future Scale and Capacity criteria.



2. THAT the Webcasting of Council Meetings report (G02) be received. 3. THAT Council receive the General Manager’s Performance Agreement for 2014/15 (G04). 4. THAT in relation to the Compliance with Performance Improvement Order report (G03), that this be deferred to the next Legal and Planning Committee.

An amendment was moved by Councillor Gibson and seconded by Councillor Burke 1. THAT in respect of Item G01, Council adopt the following recommendations of the Governance Committee








2. THAT the Webcasting of Council Meetings report (G02) be received. 3. THAT Council receive the General Manager’s Performance Agreement for 2014/15 (G04). 4. THAT Council comply with the Ministerial directive that was issued on 9 December 2014 and instruct the General Manager to enter into conflict resolution mediation sessions with the Mayor. 5. THAT in the first step of the process the Mayor and General Manager are to discuss and agree on a suitably qualified independent expert. The amendment was put and lost. For/Against 2/8

Councillor Yes No Councillor Yes No Gibson Y Barbour N Reymond N Morris Absent Clare N Burke Y Baker N Marchandeau N Carr N Bevan N Beregi N

The motion was put and carried. For/Against 10/0

Councillor Yes No Councillor Yes No Gibson Y Barbour Y Reymond Y Morris Absent Clare Y Burke Y Baker Y Marchandeau Y Carr Y Bevan Y Beregi Y

RESOLVED: 1. THAT in respect of Item G01, Council adopt the following recommendations of the Governance Committee








2. THAT the Webcasting of Council Meetings report (G02) be received. 3. THAT Council receive the General Manager’s Performance Agreement for 2014/15 (G04). 4. THAT in relation to the Compliance with Performance Improvement Order report (G03), that this be deferred to the next Legal and Planning Committee.

Minute Book Page No 1

This is Page No 1 of the Minutes of the Governance Committee Meeting of the North Sydney Council held on 9 February 2015.

NORTH SYDNEY COUNCIL

REPORT OF GOVERNANCE COMMITTEE SUBJECT: PROCEEDINGS OF COMMITTEE AT MEETING HELD IN THE SUPPER

ROOM AT THE COUNCIL CHAMBERS, NORTH SYDNEY, ON 9 FEBRUARY 2015 AT 6.00PM.

PRESENT

Councillor Gibson in the Chair, Councillors Carr, Beregi, Baker, Reymond, Morris, Marchandeau, Bevan.

Staff: Ross McCreanor, Acting General Manager Adrian Panuccio, Chief Operating Officer Peter Coulton, Projects Officer Ian Curry, Manager Governance and Committee Services Visitors: Kirston Gerathy, HWL Ebsworth Lawyers

Apologies were received from Councillor Barbour.

At the commencement of business (6.05pm) Councillors present were – Councillor Gibson in the Chair, Councillors Carr, Beregi, Baker, Reymond, Morris, Marchandeau, Bevan.

1. Minutes

The Minutes of the previous meeting held on 1 December 2014, copies of which had been previously circulated, were taken as read and confirmed.

The Motion was moved by Councillor Marchandeau and seconded by Councillor Bevan.

Voting was as follows: For/Against 8/0

2. G01: Fit for the Future Update

Report of Peter Coulton, Project Planning Officer This report provides: 1. A general update on Council’s response to the State Government’s Fit for the

ATTACHMENT TO CoS01 - 16/02/15

GOVERNANCE COMMITTEE - 9/02/15 Page No 2


Future reform program, 2. Draft Agenda for the forthcoming Community Meeting for Council’s

consideration and endorsement, and 3. A draft Community Engagement Strategy for Council’s consideration and

endorsement A budget allocation of $30,000 has been made in accordance with Council’s resolution of 13 October 2014 to fund the forthcoming public meeting and subsequent actions. Funding from Council’s Operating Budget for the project is appropriate. Recommending: 1. THAT Council affirm that North Sydney is Fit for the Future as a stand alone Council, within its current boundaries. 2. THAT Council allocate $30,000 to cover the costs relating to the public meeting, including advertising and printing, and any subsequent campaign requirements. 3. THAT Council endorse the structure of the Public Meeting scheduled for 23 February 2015. 4. THAT Council endorse the Community Engagement Strategy. 5.THAT Council write to the Councils of Mosman, Lane Cove, Willoughby, Hunters Hill, Ryde and the City of Sydney seeking their willingness or otherwise, to engage in discussions regarding the possibility of merging with North Sydney and/or each other to create a new entity which may satisfy the NSW Government’s Fit for the Future Scale and Capacity criteria. The Motion was moved by Councillor Baker and seconded by Councillor Beregi.

Voting was as follows: For/Against 8/0

Councillor Yes No Councillor Yes No Gibson Y Barbour Absent Reymond Y Morris Y Clare Absent Burke Absent Baker Y Marchandeau Y Carr Y Bevan Beregi Y

Resolved to recommend: 1. THAT Council affirm that North Sydney is Fit for the Future as a stand alone Council, within its current boundaries. 2. THAT Council allocate $30,000 to cover the costs relating to the public meeting, including advertising and printing, and any subsequent campaign requirements. 3. THAT Council endorse the structure of the Public Meeting scheduled for 23 February 2015. 4. THAT Council endorse the Community Engagement Strategy. 5.THAT Council write to the Councils of Mosman, Lane Cove, Willoughby, Hunters Hill, Ryde and the City of Sydney seeking their willingness or otherwise, to engage in discussions regarding the possibility of merging with North Sydney and/or each other to create a new entity which may satisfy the NSW Government’s Fit for the Future Scale and Capacity criteria. 6. THAT Council reiterate its current policy position opposing amalgamation and advise the community/public campaign accordingly. 7. THAT Council provide a submission to the government that the government’s Fit for the Future criteria is flawed and that despite this, Council has the scale, capacity, resources to more than adequately deliver services to its community as a stand alone Council by 30 June 2015.




It was moved by Councillor Marchandeau and seconded by Councillor Baker and carried THAT the meeting be closed to the public at 6.10pm to discuss the following matters the open discussion of which would be contrary to sections 10A (2)(a) (d) and (g) of the Local Government Act 1993 • 10A(2)(a) - being personnel matters concerning particular individuals (other

than councillors); • 10A(2)(d) - commercial information of a confidential nature that would, if

disclosed: (i) prejudice the commercial position of the person who supplied it, or (ii) confer a commercial advantage on a competitor of the council, or (iii) reveal a trade secret,

• 10A(2)(g) - advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

3. G03: Compliance with Peformance Improvement Order

Report of Warwick Winn, General Manager The Minister for Local Government, the Hon Paul Toole, on 9 December 2014 issued the Council with a Performance Improvement Order (PIO) under section 438A of the Local Government Act 1993. Under Action Item 4 of the PIO, the Mayor and Councillors are required to participate in a conflict resolution process. In relation to Items 5 and 6 Council resolved: THAT legal advice on Action Items 5 and 6, in relation to the General Manager’s employment contract, be sought. Funding has been allocated to accommodate the expenditure required under the Performance Improvement Order. Recommending: 1. THAT Council close the meeting to the public pursuant to sections 10A(1), 10A(2)(a), 10A(2)(d) and 10A(2)(g) of the Local Government Act 1993 to consider legal advice and commercial proposals in response to the Council resolution of 15 December 2014. During the Closed session Cr Baker moved a Point of Order on the Chair’s refusal to allow reasonable questions from Councillors of Council’s legal advisor. The Chair did not rule on the Point of Order. The Chair called Cr Morris to order and asked for an apology. Cr Morris refused to apologise. The Chair called an adjournment of the meeting for 10 minutes at 6.16pm. At 6.26pm the meeting was reopened to the public and the Chair again asked Cr Morris for an apology, which was refused. The Chair advised that the Committee was in disorder and moved to close the meeting.




Cr Baker moved dissent from Chair’s ruling on calling of disorder. The Mayor refused to put the Motion and ruled that motions of dissent cannot be moved against the Chair's ruling. The following matters were not considered at this meeting and were referred to the 16 February 2015 Council meeting for determination.

4. G02: Webcasting of Council Meetings

Report of Ian Curry, Manager Governance and Committee Services Council at its meeting on 15 December 2015 considered a Governance Committee report on this matter and resolved (Min. No 565): THAT the Council pursue the webcasting of Council meetings. This report details the progress made on this resolution. No specific budget has been allocated for this project. Once an indication of the cost is available, it will be included in the next report. Recommending: 1. THAT the Webcasting of Council Meetings report be received.

5. G03: Compliance with Peformance Improvement Order

This matter was considered earlier in the meeting (Min No.3). No recommendation was made.

6. G04: General Manager’s Performance Agreement 2014/15 - Mid-year Review

Report of Warwick Winn, General Manager The General Manager’s Performance Review Panel met on 27 November 2014 to consider theGeneral Manager’s Performance Agreement for 2014/15. The proposed General Manager’s Performance Agreement for 2014/15 has been distributed to Councillors separately. The document outlines comments from the General Manager and the summary of the mid year Performance Review (on page 9). Recommending: 1. THAT Council receive the General Manager’s Performance Agreement for 2014/15.

The meeting closed at 6.31pm ____________________________ __________________________ CHAIRPERSON GENERAL MANAGER


Item G02 Governance Committee 09/02/15

N O R T H S Y D N E Y C O U N C I L R E P O R T S

Report to General Manager Attachments:

1. Governance Committee report - 1/12/14 SUBJECT: Webcasting of Council Meetings AUTHOR: Ian Curry, Manager Governance and Committee Services ENDORSED BY: Ross McCreanor, Director Corporate Services EXECUTIVE SUMMARY: Council at its meeting on 15 December 2014 considered a Governance Committee report on this matter and resolved (Min. No 565): THAT the Council pursue the webcasting of Council meetings. This report details the progress made on this resolution. FINANCIAL IMPLICATIONS: No specific budget has been allocated for this project. Once an indication of the cost is available, it will be included in the next report. RECOMMENDATION: 1. THAT the Webcasting of Council Meetings report be received.


Report of Ian Curry, Manager Governance and Committee Services Re: Webcasting of Council Meetings

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LINK TO DELIVERY PROGRAM The relationship with the Delivery Program is as follows: Direction: 5. Our Civic Leadership Outcome: 5.3 Council is ethical, open, accountable and transparent in its decision

making BACKGROUND Council at its meeting on 15 December 2015 considered a Governance Committee report on this matter and resolved (Min. No 565): THAT the Council pursue the webcasting of Council meetings. CONSULTATION REQUIREMENTS Community engagement is not required. SUSTAINABILITY STATEMENT The sustainability implications are of a minor nature and did not warrant a detailed assessment. DETAIL The following NSW Councils provide some form of webcasting of their meetings:

Newcastle City Wollongong Shellharbour Lane Cove Mid-Western Warringah Botany Bay Ryde Kiama

These Councils have advised that the benefits of webcasting include:

Meetings are more accessible to the public;

Improved councillor behaviour;

Better openness and transparency;

Relative ease to operate system.


Report of Ian Curry, Manager Governance and Committee Services Re: Webcasting of Council Meetings

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The main negative appears to be that, despite sometimes being in use for many years, very few people view meetings streamed live or view recordings. Research indicates that the level of investment required and quality of image varies depending on the systems used to broadcast the meetings. Council staff are currently investigating the various options for webcasting as well as the implications of introducing this facility. These include:

Storage and retention of video files; Training of staff; Privacy for residents addressing meetings; Support for system during meetings; The need for static or moving cameras, which would require an operator; Chaptering of files to allow quick access to items after meetings.

Site visits have been arranged with nearby Councils for staff to see how their systems operate. Most Councils appear to host their webcasting files off site and enquiries have commenced with the companies who provide this service about cost and implementation times. A further report will be provided to Council following the outcome of these investigations.


Item G10 Governance Committee 1/1/2/14



1. Council report 26/09/11 SUBJECT: Webcasting of Council Meetings AUTHOR: David McQuade, Governance Coordinator ENDORSED BY: Ross McCreanor, Director Corporate Services EXECUTIVE SUMMARY: Council last considered a report on this matter at its meeting on 26 September 2011 and resolved that the report be received (Min No 664). Given the advances in technology and the increased emphasis on openness and transparency in governance matters, it is timely to revisit the issue. FINANCIAL IMPLICATIONS: Should Council resolve to further investigate introduction of webcasting of Council meetings, there may be financial implications that would be identified in any future report. RECOMMENDATION: 1. THAT the Webcasting of Council Meetings report be received.


Report of David McQuade, Governance Coordinator Re: Webcasting of Council Meetings

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LINK TO DELIVERY PROGRAM The relationship with the Delivery Program is as follows: Direction: 5. Our Civic Leadership Outcome: 5.3 Council is ethical, open, accountable and transparent in its decision

making BACKGROUND At its meeting of 20 June 2011, Council resolved (Min No 401): THAT a report be submitted regarding publishing Council meetings on the website either through web streaming or other technology. THAT no long term archiving of Council meeting recordings be kept. THAT the local community television station Aurora be approached. Council last considered a report on this matter at its meeting on 26 September 2011 and resolved that the report be received (Min No 664). A copy of this report is attached. CONSULTATION REQUIREMENTS Community engagement is not required. SUSTAINABILITY STATEMENT The sustainability implications are of a minor nature and did not warrant a detailed assessment. DETAIL Enquiries have revealed that in NSW, only six Councils webcast their meetings over the Internet:

Newcastle City Wollongong Shellharbour Lane Cove Mid-Western Warringah

Staff have made contact with a number of these Councils to get an understanding of the impact of the introduction of webcasting on their organisation. A summary of the feedback received is below:


Report of David McQuade, Governance Coordinator Re: Webcasting of Council Meetings

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How many people use it? The live broadcasts may attract 2-30 viewings and the recorded version, 100-300. What was the start up costs (equipment/software) and what are the ongoing costs (licence fees/staff required to operate, upload etc) Costs can be anything up to $30,000, depending on the level of investment required. What problems have you encountered? Only minor issues regarding the IP address when connecting. What benefits have you had since it has been introduced? Access to meetings, behaviour of Councillors, more openness and transparency. Audience interaction? No Council surveyed provides for audience interaction. Who has access to the live webcasts? Are files that are uploaded to the website edited and if so what sections? Anyone with a suitable internet connection has access and recordings are not edited. Would you recommend it? All surveyed were happy with the benefits to meetings and access for all members of the community that the technology provides.


DECISION OF 3587th COUNCIL MEETING HELD ON 26 SEPTEMBER 2011

664. G05: Report of Management Services Committee MS02: Audio Recordings at Council Meetings - Response to Notice of

Motion 12/11

Report of Jenny Gleeson, Manager Corporate Planning & Governance, 16 August 2011 This report addresses the Notice of Motion. At its meeting of 20 June 2011, Council resolved: THAT a report be submitted regarding publishing Council meetings on the website either through web streaming or other technology. THAT no long term archiving of Council meeting recordings be kept. THAT the local community television station Aurora be approached. Research of the webcasting practices of other councils was undertaken. Based on cost, low community usage in other council areas and concerns regarding defamation and privacy issues, the employment of webcasting technology is not recommended for North Sydney Council. Recommending: THAT the report be received.

Resolved to recommend: THAT the report be received.

The Motion was moved by Councillor Reymond and seconded by Councillor Gibson.

Voting was unanimous.

ADOPTED


Item MS02 Management Services Committee 19/09/11 N O R T H S Y D N E Y C O U N C I L

Report to General Manager

Attachments: Nil

SUBJECT: Audio Recordings at Council Meetings - Response to Notice of Motion 12/11 AUTHOR: Jenny Gleeson, Manager Corporate Planning & Governance, 16 August 2011 EXECUTIVE SUMMARY: This report addresses the Notice of Motion. At its meeting of 20 June 2011, Council resolved: THAT a report be submitted regarding publishing Council meetings on the website either through web streaming or other technology. THAT no long term archiving of Council meeting recordings be kept. THAT the local community television station Aurora be approached. Research of the webcasting practices of other councils was undertaken. Based on cost, low community usage in other council areas and concerns regarding defamation and privacy issues, the employment of webcasting technology is not recommended for North Sydney Council. RECOMMENDATION: THAT the report be received. Signed: Endorsed by: Acting Director of Corporate Services


Report of Jenny Gleeson Manager Corporate Planning & Governance, 16 August 2011 Re: Audio Recordings at Council Meetings - Response to Notice of Motion 12/11

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LINK TO DELIVERY PROGRAM The relationship with the Delivery Program is as follows: Direction: 5 Our Civic Leadership Goal: 5.2 Enhance community participation, collaboration and engagement 5.3 Enable the community to be informed and aware BACKGROUND At its meeting of 20 June 2011, Council resolved: THAT a report be submitted regarding publishing Council meetings on the website either through web streaming or other technology. THAT no long term archiving of Council meeting recordings be kept. THAT the local community television station Aurora be approached. SUSTAINABILITY STATEMENT The following table provides a summary of the key sustainability implications: QBL Pillar Implications Environment • The provision of webcasting could assist in the reduction of printed

copies of Council minutes and business papers. However it can complement but not replace the need for printed copies.

Social • Webcasting offers online access to Council meetings and can assist to eliminate geographic and other barriers that can prevent members of the public from attending Council meetings; however the introduction of webcasting would not effectively enhance Council’s existing community engagement practices and strategies.

Economic • This report relates to another Notice of Motion also resolved on 20 June 2011. The request to improve the audio quality and visibility of screens in the Council Chamber needs to be considered if Council agrees to trial webcasting, due to limited space within the Chamber to set up equipment. Similarly, existing equipment in the Chamber may need to be upgraded to ensure compatibility with web stream equipment.

• No budget has been allocated in the Delivery Program or Long Term Financial Plan for such a project.

Governance • Webcasting is predominantly employed by councils under administration.

• If webcasting was introduced Council’s Code of Meeting Principles and Practices would need to be reviewed.

• Relates to the Privacy and Personal Information Protection Act 1998, which provides for all NSW public sector agencies how they must manage personal information complements the Government Information (Public Access) Act 2009 requirements in relation to public access of corporate information.


Report of Jennifer Gleeson Manager Corporate Planning & Governance, 16 August 2011 Re: Audio Recordings at Council Meetings - Response to Notice of Motion 12/11 (3) DETAIL Live broadcasting, known as ‘webcasting’, allows the community to view meeting proceedings from a PC without the need to attend the meeting. 1. Feasibility of Webcasting of Council Meetings 1.1 Webcasting use by other councils Interviews and desk top research of the practices of other councils was conducted. NSW councils currently webcasting meetings include Lane Cove, Port Macquarie-Hastings, Shellharbour and Warringah. Greater Dandenong Council in Victoria also webcasts meetings. These examples indicate that there are several options available regarding the set up, recording and archiving of webcasts. Greater Dandenong - has been webcasting its Council Meetings since March 2003, as part of a push for more open and accountable governance. Feedback from the public has been positive, particularly from a convenience point of view - people no longer have to attend meetings in person and all meetings are available on an archive system for future reference. It also assists in the accuracy of recording minutes. In 2010 an average of 30 people watched each Council meeting via the webcast. Initial set up cost was $8,000. Lane Cove - only broadcasts Council meetings. Lane Cove uses a self-serve platform via a live video hosting product. Lane Cove retains all meetings on its website and host offers an archiving facility at an additional cost. An average of 5 people watch each Council meeting via the webcast, although there were 10 on average when it first started. Initial set up cost $5,000 plus internal equipment costs. Port Macquarie-Hastings - is currently under administration and has been broadcasting its meetings since June 2008. The Communications Section provides a person to drive the system during the meeting. After the meeting it takes about an hour to convert the stored meeting and move it to the archive site. There are only 6 archives on-line at any one time, so after 7 months, meetings disappear, thus removing their "viewability". The initial set up cost was $79,000 and involved the upgrading of existing equipment within the Council Chamber, including the hearing loop, PA system and lighting to accommodate the installation of 3 video cameras and 10 cordless microphones, a DVD recording system, a touch screen control system so the microphones and video recording and streaming could be controlled from the minute table; and integration with an overhead projector and LCD TV screen to display the current meeting resolution or any power point required. For each meeting, IT set up the microphones and test the video equipment. Shellharbour - is also currently under administration. They have been webcasting for approximately 12 months. Webcasts begin 15 minutes before the meeting is called to order. Recordings are archived for three months. DVD/CDs of each meeting are also available for purchase on request. Initial set up cost was $15,000 and ongoing costs include two staff members, one to work the console and another on any moving camera. Warringah - was also under administration when they began webcasting Council meetings in February 2005. Warringah Council is also investigating the feasibility of expanding webcasting to include archival footage of meetings so the public can refer to past proceedings if needed.


Report of Jennifer Gleeson Manager Corporate Planning & Governance, 16 August 2011 Re: Audio Recordings at Council Meetings - Response to Notice of Motion 12/11 (4) 1.2 Equipment Requirements The Council Chamber does not currently have internet access. However Council’s IT Department is preparing for the future expansion for wireless access in public areas of Council facilities, subject to a security analysis. Similarly webcast software would need to integrate with Council’s website. Council will need to move to a new content management system by 1 July 2012, so at present compatibility is not available. Internet viewers (i.e. the public) require broadband or DSL service for best results. The quality of the webcast will depend on a PCs memory and internet connection bandwidth. As a webcast involves video and audio, the data usage is high. Those watching would need to install additional software to view the webcasts. Costs range between $10,000 for basic set up to approximately $80,000. Webcasting costs depend on the sophistication of the software employed, the number of cameras required which is determined by the configuration of the Council Chamber and whether or not staff are required to operate the cameras. No budget has been allocated for such equipment in the Delivery Program or Long Term Financial Plan. 1.3 Legal Issues Public access to webcasts raises potential concerns regarding defamation. Advice was sought from Council’s insurer relating to legal issues that may arise from audio recordings of Council meetings. Council is covered for libel and slander under its current Councillors and Officers Liability Policy, however such acts must be “unintentional”. Issues regarding security and privacy across the ‘cloud’ environment also need to be considered if software used to host webcasts is controlled by a third party. Similarly once such recordings are available via the Internet they are open to possible unauthorised manipulation which could attract negative media attention. All councils offering webcasting of meetings include a disclaimer on their website that pops up before launching into the webcast. The disclaimer advises that the Council does not accept liability for any defamatory or offensive remarks made during the course of its meetings and signs are placed around the Chamber notifying the public that webcasting is taking place. The Mayor or Chairperson also advises the gallery at the commencement of each meeting that they are being videoed, that the meeting will be published, and they are advised that they are not covered if they say anything that would defame another person. Additionally, community members registering to speak at a meeting are required to sign a form agreeing to the recording of their attendance at the meeting. Should webcasting be introduced North Sydney Council’s current form for members of the public will need to be amended. 2. Meeting Recording Procedure In accordance with Section 375 of Local Government Act 1993, councils must ensure that full and accurate minutes are kept of the proceedings of a meeting of the council. Minutes must, when they have been confirmed at a subsequent meeting of the council, be signed by


Report of Jennifer Gleeson Manager Corporate Planning & Governance, 16 August 2011 Re: Audio Recordings at Council Meetings - Response to Notice of Motion 12/11 (5) the person presiding at that subsequent meeting. Further, under Section 739A of the Act, Council must retain, preserve and destroy its records in accordance with any approved standards. Hard copies of Council minutes are kept at Stanton Library in accordance with State Records of NSW guidelines which comply with ISSO 9706 and ISS11108. Audio recordings of Council meetings are currently made. In accordance with Section 55 of Council’s Code of Meeting Principles and Practices, adopted November 2010, the following procedures are currently in place regarding the recording of meetings: “Parts of formal Council meetings will be recorded for the sole purpose of assisting with the accuracy of the minutes. The recordings of formal Council meetings will be destroyed as soon as practicable following the adoption of the minutes by Council. Under certain circumstances such recordings may be accessed via Part 4 Access applications, Division 1 - Making an access application under the Government Information (Public Access) Act 2009. Councillors and Council staff are not permitted to make a sound recording of informal meetings unless the permission of Council is granted on each occasion.” In accordance with the Code, Council currently has in place a form that members of the public sign when registering to address Council meetings. The form currently outlines that it is Council’s intention to only record the Councillors’ debate to assist in the preparation of the minutes however in some circumstances a member of the public’s voice may be heard on the recording. The form requests that members of the public elect to give permission for any recording on which their voice is heard, to be released under GIPA legislation. If webcasting was to be introduced, Council’s existing record keeping requirements would be maintained, however the duration in which a particular meeting is archived and available online can be determined by the Council. As recommended by the resolution, the archiving of webcasts on Council’s website does not need to include all meetings held since its introduction. As with current audio records, webcasts can be deleted after a set period of time as written minutes of all meetings are kept in accordance with statutory requirements. In 2010/11 Council received 10 applications under GIPA for extracts of recordings of Council meetings. The related pages (containing business papers and minutes) of Council’s website received 20,401 views (12,156 unique visits) in 2010/11, representing 1.02% of the total page views on the site. 3. Aurora Community Channel Aurora is a not for profit, independent channel that screens nationally on Foxtel, Austar and Optus Digital Networks and can be found on channel 183, available to all digital subscription TV audiences. Aurora’s submission guidelines were reviewed and it appears that live screenings of Council meetings does not meet the criteria. A discussion with Aurora’s Program Manager identified a possible opportunity to use web casts to create a highlights package from web streamed meetings e.g. showcase of significant resolutions/achievements over a given period. Editing of such a program would need to be done by Council, which would give Council control of how it is depicted in such a program. Further consideration of related costs including equipment and staff resources is required before such a project can be considered.


Report of Jennifer Gleeson Manager Corporate Planning & Governance, 16 August 2011 Re: Audio Recordings at Council Meetings - Response to Notice of Motion 12/11 (6) 4. Recommendation Based on the practices of other councils, low community usage in other council areas and concerns regarding defamation and privacy issues, the employment of webcasting technology is not recommended for North Sydney Council at present.





1. Letter to temporary adviser dated 20/01/15 SUBJECT: Compliance with Performance Improvement Order AUTHOR: Warwick Winn, General Manager EXECUTIVE SUMMARY: The Minister for Local Government, the Hon Paul Toole, on 9 December 2014 issued the Council with a Performance Improvement Order (PIO) under section 438A of the Local Government Act 1993. Under Action Item 4 of the PIO, the Mayor and Councillors are required to participate in a conflict resolution process. In relation to Items 5 and 6 Council resolved: THAT legal advice on Action Items 5 and 6, in relation to the General Manager’s employment contract, be sought. FINANCIAL IMPLICATIONS: Funding has been allocated to accommodate the expenditure required under the Performance Improvement Order RECOMMENDATION: 1. THAT Council close the meeting to the public pursuant to sections 10A(1), 10A(2)(a), 10A(2)(d) and 10A(2)(g) of the Local Government Act 1993 to consider legal advice and commercial proposals in response to the Council resolution of 15 December 2014.


Report of Warwick Winn, General Manager Re: Compliance with Performance Improvement Order

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LINK TO DELIVERY PROGRAM The relationship with the Delivery Program is as follows: Direction: 5. Our Civic Leadership Outcome: 5.1 Council leads the strategic direction of North Sydney 5.3 Council is ethical, open, accountable and transparent in its decision

making BACKGROUND At its meeting on 15 December 2014, Council considered a report on the PIO and resolved (Min No. 541): 1. THAT the report be received. 2. THAT legal advice on Action Items 5 and 6, in relation to the General Manager’s employment contract, be sought. 3. THAT the legal advice be reported to the next Council meeting for consideration. 4. THAT Council inform the Minister for Local Government that Action Items 1-4 and 7-10 will be implemented immediately and that legal advice is being sought on Action Items 5 and 6, and the Minister for Local Government will be informed once this advice is received. 5. THAT Council advise the Minister for Local Government that the temporary advisor attended the 15 December 2014 Council meeting and Council welcomes his advice and is pleased to work with him. CONSULTATION REQUIREMENTS Community engagement is not required. SUSTAINABILITY STATEMENT The sustainability implications are of a minor nature and did not warrant a detailed assessment. DETAIL The following actions have been taken in accordance with the PIO: Action Item Current status 1 The Mayor and all councillors are to

immediately refrain from making allegations at Council meetings that the Mayor and/or one of more councillors have breached the Council’s code of conduct.

For noting by Councillors

2 The Mayor and all councillors must For noting by Councillors.


Report of Warwick Winn, General Manager Re: Compliance with Performance Improvement Order

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immediately comply with the Council’s media policy.

NB: A Rescission Motion has been lodged in relation to the 15/12/14 resolution on Council’s Media Policy. This will be considered at the 16/02/15 Council meeting.

3 Council is to, with out delay, engage an independent person or body to monitor the Mayor and councillors’ compliance with the Council’s media policy with any non-compliances reported to the General Manager.

Council has engaged Media Savvy to monitor and report on the Mayor’s and Councillors’s compliance with the Council’s Media Policy.

4 The Mayor and all councillors must participate in a conflict resolution process, conducted by a suitably qualified independent person, in order to resolve the ongoing conflict between them.

Proposals for a conflict resolution program have been obtained from the following companies:

Norman Turkington and Associates Preferred Training Networks

5 The Mayor must participate in a conflict

resolution process, conducted by a suitably qualified independent person, in order to resolve the ongoing conflict between her and the General Manager.

Legal advice has been received in relation to Action Items 5 and 6.

6 Council is to direct the General Manager to participate in a conflict resolution process, conducted by a suitably qualified independent person, in order to resolve the ongoing conflict between him and the Mayor.

Legal advice has been received in relation to Action Items 5 and 6.

7 Council utilise the services of the temporary adviser on matters of meeting procedures.

Mr Mike Montgomery has been appointed as temporary adviser and attended the 15/12/14 Council meeting.

8 The Mayor and councillors must have due regard to the advice of the temporary adviser on matters of meeting procedures.

For noting by Councillors.

9 The Mayor and all councillors must participate together in code of meeting practice and code of conduct training

All councillors have participated in code of conduct and meeting practice training in 2013 and 2014. Advice has been sought from the temporary adviser if further training is required.

10 Council is to measure staff morale and the impact of leadership relationship issues on this, in two stages. The first measures are to be undertaken immediately. The second measure, using the same process, again after four months from the making of this order.

First stage of staff survey undertaken in January 2015 by Voice Project.

The Council has until 30 April 2015 to comply with the Order.


NORTHSYDNEY COUNCIL

oddress 200 Miller Street North Svdnel, NSW 2060

oll correspondence General Manager North S¡,dns1' CouncilPO Box 12 Nolth Sydnel' NS\,V 2059DXt0587

telephone (02) 993ó 8100

focsimile (02) 9936 8177

e m o i l council@northsydne1,.115s¡. go\¡.aLÌ

in te r n et \\¡\\\'.northsydney.nslv.gor'.au

ABN 32 353 260 317

20 January 2015

Mr Mike [email protected]

Dear Mike

RE: Progress on Implementing the Performance Improvement Order (PIO)

I hope you enjoyed your New Year celebrations and look forward to us working togetherover the coming weeks and months.

This letter is intended to update on Council progress in implementing the PIO.

On 15 December 2014, Council resolved in terms of the PIO as follows:

RESOL :

Actíon Iter¡s 5 and 6. and ster for Local Govemuent will be iuforureil olrce

5. THAT Couucil aclvise the ter for Local Goveuuneut that the tenporary

a) In terms of PIO Action Items 5 and 6,legal advice has been sought and will be

made available to Councillors prior to the Council meeting of 16 February 2015

b) In terms of PIO Action Item 3, Council has engaged Media Sawy to monitor and

report on the Mayor's and Councillors' compliance with the Council's MediaPolicy. Please note that there is a Rescission Motion pending in relation to the

proposed new Media Policy. Some comments have been made in the mediaregarding this matter. Any non-compliances will be reported directly to me per

the PIO requirement.

c) In terms of PIO Action Items 4 and 9, the Mayor and Councillors are required to"participate" iÍt a conflict resolution process and "participate together" in Code ofMeeting Practice training and Code of Conduct training. As we discussed I have

attached below a brief outline of the recent training provided so far to the Mayorand Councillors. I would appreciate discussing your view as to this training. Areport is being put to the Governance Committee on 9 February 2015 fo enable a

discussion on the conflict resolution aspect.


Mike Montgomery

In addition to the training sessions detailed in the attachment, all Councillors participated

in sessions with Norm Turkington of Norman Turkinglon and Associates Pty Ltd in an

effort to establish some working agreements towards better relationships. These sessions

were held between August and December 2013.

d) And finally in terms of PIO Action Item 10, the initial measurement of staffmorale commenced via a staff survey on 7 January 2015. The staff survey is an

online anonymous short survey conducted through the consultancy firm'voiceproject'.

Please do not hesitate to contact me regarding any of the above matters.

WinnGENERAL MANAGER

Attachment

Y

\2


-3-

6

J

l0 (see 116113)

7

5

1

4

l0

7

CouncillorAttendance

ReymondMorrisMarchandeauClareCarrBurkeBevanBeregiBarbourBakerGibson

Financial Issues inLocal Government

The 2014 NationalGeneral Assembly -Canberra (4 days)

Course

iPads & BusinessPapers

Financial Issues inLocal Government

Code ofConduct and

Behaviours

Long Term Strategicand FinancialPlanningLGNSW InauguralConference - Dubbo(3 days)

Code ofConduct(LGNSV/ Webinar)

The 2014 NationalSynthetic SurfacesConference - Sydney(2 days)

l5-Jun-t4

Date

l6-Jul-13

3l -Jul-l3

17_

Aug-13

26-Aug-13

01-Oct-t3

0l-Jun-14

03-Jun-t4

I 1-Jun-14

Councillor Training & Professional Development 20l3ll5


-4-

CouncillorAttendance

6

I - Training forMayor only

l- Training forMayor only

I - Training forMayor only

7

9

J

ReymondMorrisMarchandeauClareCarrBurkeBevanBeregiBarbourBakerGibson

Code ofConduct(LGNSV/)

Oppofunities and

Challenges for LocalGovernment Funding- The V/ay ForwardConference

Course

Executive Certihcatefor Elected Members(6 days in-house)

Chairing EffectiveMeetings (LGNSW)

Effective and FairMeeting Skills(LcNSW)Roundtable forDirectly ElectedMavors (LGNSV/)The 2014 LocalGovernment NSVy'

Conference CoffsHarbour (3 days)

Councillor Training & Professional Development 20l3ll5Date

01-Jul-t4

08-Sep-t4

25-Sep-t4

1l-Oct-t4

l9-Oct-t4

25-Oct-t4

0l-Nov-14





Nil SUBJECT: General Manager’s Performance Agreement 2014/15 - Mid-year Review AUTHOR: Warwick Winn, General Manager EXECUTIVE SUMMARY: The General Manager’s Performance Review Panel met on 27 November 2014 to consider the General Manager’s Performance Agreement for 2014/15. The proposed General Manager’s Performance Agreement for 2014/15 has been distributed to Councillors separately. The document outlines comments from the General Manager and the summary of the mid year Performance Review (on page 9). FINANCIAL IMPACT Nil RECOMMENDATION: 1. THAT Council receive the General Manager’s Performance Agreement for 2014/15.


Report of Warwick Winn, General Manager Re: General Manager Performance Agreement 2014/15 - Mid-year Review

(2)

LINK TO DELIVERY PROGRAM The relationship with the Delivery Program is as follows: Direction: 5. Our Civic Leadership Outcome: 5.6 Council is an employer of choice BACKGROUND The Division of Local Government has issued Guidelines for the Appointment and Oversight of General Managers under section 23 of the Act. The Guidelines have a section on the Performance Management of the General Manager. The Guidelines state that the new performance agreement for the next period should be prepared as soon as possible after the completion of the previous period. The format of the General Manager’s Performance Agreement has been provided by Local Government NSW, as the standard format for Agreements. CONSULTATION REQUIREMENTS Community engagement is not required. SUSTAINABILITY STATEMENT The sustainability implications are of a minor nature and did not warrant a detailed assessment. DETAIL The General Manager’s Performance Review Panel (apologies from Councillor Stephen Barbour were recorded) met on 27 November 2014 with the General Manager and the consultant from Local Government NSW to consider the General Manager’s Performance Agreement for 2014/15. The proposed Performance Agreement is presented to the Governance Committee for information.


decision of 3660 council meeting held on 16 ......attachment to cos01 - 16/02/15 page 4 governance...

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