Council and Committee Meetings

Council Meeting Guidelines

Council Meeting Agenda and Report Formats

Agenda Format

The following format outlines the standing items and business order for Council Meetings:
 Attendance and Apologies
 Confirmation of Minutes
 Council Workshops
 Declarations of Interests of Councillors
 Tabling of Petitions
 Public Question Time
o Public Questions on Notice
o Answers to previous Questions Taken on Notice
o Questions without Notice
 Deputations by Members of the Public
 Notice of Motions by Councillors
 Agenda Items and Officer Reports
o Planning and Development Services items
o General Manager's items
o Governance, and Community Services items
o Infrastructure Services items
o Works items
o Corporate Services items
 Councillor Question Time
 Closed Meeting
o Applications for Leave of Absence

Report Format

The following format outlines the content details for agenda items and associated reports listed on Council Meeting Agendas:
 Title
 Introduction
 Background
 Strategic/Annual Plan conformance
 Policy Implications
 Statutory Requirements
 Rick Management
 Consultation with State Government
 Community Consultation
 Financial Impact
 Alternative Options
 Officers Comments
 Recommendation

Confirmation of Minutes:

 The Council or Council committee is to ensure that the minutes of any previous ordinary or special meeting not yet confirmed are submitted for confirmation.
 Council may resolve to amend the minutes of a meeting prior to confirmation.
 In accordance with Regulation 36 of the Local Government (Meeting Procedures) Regulations 2005, debate of any matter referred to in minutes submitted for confirmation is not permissible except to question the accuracy of the minutes as a record of the meeting to which they relate.

Public Question Time:

In accordance with the Local Government (Meeting Procedures) Regulations 2005, a period of thirty minutes for "public question time" will be set aside at ordinary Council Meetings for members of the community to ask questions relating to Council activities.

Public question time provides an opportunity for people to ask questions about Council's activities, not make statements. Anyone wishing to address Council and make a statement may do so under the Deputation section of the Council Meeting Agenda.

Further information on the procedures for the conduct of public question time at meetings at Meander Valley Council please view the attached Public Question Time Information Sheet.

Deputations:

In accordance with the provisions of Regulation 38 of the Local Government (Meeting Procedures) Regulations 2005, Council has established guidelines and conditions that apply to the attendance of deputations at Council Meetings. For further information please view the Deputations Information Sheet.

Notice of Motion by Councillors:

In accordance with Regulation 16(5) of the Local Government (Meeting Procedures) Regulations 2005, a Councillor may give notice of a motion which that Councillor intends to move at a meeting.

The General Manager is to list the Notice of Motion in the next Council agenda. It must be remembered that in accordance with the Local Government Act, Council must be in receipt of qualified advice from relevant Council officers before resolving a course of action on any matter.
The General Manager will ensure that the elected member has the opportunity to view the officers report prior to the agenda being finalized.
For further information please view the Notice of Motion by a Councillor Information Sheet.

Urgent matters brought forward by Elected Members

Councillor Question Time

In recognition of the provisions of Regulation 29 of the Local Government (Meeting Procedures) Regulations 2005, Council places no limitation on the number of questions that Councillors may submit 'without notice' or put 'on notice' for answer at a forthcoming Council Meeting.

The Chairperson or Councillor asked a question on notice is not to answer it unless the Councillor giving notice, or a Councillor at the request and on behalf of that Councillor, is present at the meeting to ask the question formally.

A question on notice and a question without notice, and the answer, is to be recorded in the minutes of the meeting at which the answer was given.

In accordance with Regulation 30 of the Local Government (Meeting Procedures) Regulations 2005 a Question on Notice is to be submitted in writing by 11am, 10 working days before the Council Meeting.

Managers of each department will endeavour to be present for Councillor question time.

Closed Meetings

Council, in accordance with the procedures and intentions of the Local Government (Meeting Procedures) Regulations 2005, will deal with the following matters in Closed Meeting:
 personnel matters including complaints against an employee of the Council;
 industrial matters relating to a person;
 contracts for the supply and purchase of goods and services;
 the security of property of the Council;
 proposals for the acquisition of land or an interest in the land or for the disposal of land;
 information provided to the Council on the condition it is kept confidential;
 trade secrets of private bodies;
 matters relating to actual or possible litigation taken by or involving the Council or an employee of the Council;
 the personal affairs of any person;
 applications for Councillor Leave of Absence.

Recording of Proceedings

The following record of proceedings as outlined in the Local Government (Meeting Procedures) Regulations 2005 will apply to Council meetings.

The minutes of a meeting will record the following

 any matter discussed at the meeting;
 any decision made at the meeting, including up to 50 word statements by Councillors who wish to have recorded, the reason for their decision;
 if required by the Act, that the decision was by absolute majority;
 any deputation made;
 any motion moved during the meeting;
 any question on notice by a Councillor that is answered and the answer to that question;
 any question asked and put in writing during public question time and the answer to that question;
 the attendance of Councillors;
 any absence of any Councillor during the meeting, including the times of leaving and returning to the meeting.

Motions

All motions put before the meeting will be recorded in the minutes.

Meeting Conduct and Behaviour

Procedural Motions: There are 5 types of procedural motions; must have a mover and seconder.

They are:

"that the motion be now put".
Cannot be 'put' by mover or seconder, or anyone who has spoken to the motion

"that the matter be deferred".
Must say why

"that the meeting be now adjourned"
Must say why, ie "at 3.15pm for afternoon tea"

"that the matter of the motion be referred to a committee:

"that the meeting be closed to the public"
Must say why

If the Chair rejects a procedural motion, must state why.

Foreshadowed Motions: Is used if the current motion before the meeting is failing.

States an alternate course of action; no seconder required; only to be debated if the original motion fails; if the original motion is passed, end of discussion and foreshadowed motion.

Amended Motions: Only 2 amendments per motion acceptable. Cannot substantially change a motion.

Amendment to the motion must be APPROVED or LOST prior to going back to debate of the original motion

Distribution of meeting Minutes to Councillors and Officers

The following format outlines the content of the minutes:

Attendance and Apologies
Confirmation of Minutes
Council Workshops
Declarations of Interests
Tabling of petitions
Public Question Time
Deputations
Motions On Notice
 Title
 Opening statement (purpose of the item)
 Recommendation
 Decision
Departmental Items
 Title
 Opening statement (purpose of the item)
 Recommendation
 Decision
Councillor's Question Time
Closed Meeting
 Application for Leave of Absence
 Any other items discussed
Close of Meeting

A copy of the open meeting minutes will be available on Council's website.

Public Question Time Information Sheet

The procedures for the conduct of public question time at meetings of the Meander Valley Council are set out below:

Asking a Question:

Anyone may ask a question. A person may ask a maximum of two questions per meeting. Questions may be submitted in two ways:
 They can be submitted in writing and be "put on notice" before the Council Meeting;
 They may be raised from the public gallery "without notice" during public question time.

Public Question Time Process At the Meeting

 Public question time will continue for no more than thirty minutes for 'questions on notice' and 'questions without notice'.
 At the Council Meeting, public question time will be held early on the Council Meeting Agenda. This is usually shortly after the meeting commences.
 At the beginning of public question time, the Chairperson will firstly refer to the questions on notice. The Chairperson will ask each person who has a question on notice to come forward and state their name and where they are from (suburb or town) before asking their question(s).
 The Chairperson will then ask anyone else with a question without notice to come forward and give their name and where they are from (suburb or town) before asking their question.
 If called upon by the Chairperson, a person asking a question without notice may need to submit a written copy of their question to the Chairperson in order to clarify the content of the question.
 A member of the public may ask a Council officer to read their question for them.
 If accepted by the Chairperson, the question will be responded to, or, it may be taken on notice as a question on notice for the next Council meeting. Questions will usually be taken on notice in cases where the questions raised at the meeting require further research or clarification. These questions will need to be submitted as a written copy to the Chairperson prior to the end of public question time.
 The Chairperson may direct a Councillor or Council officer to provide a response.
 All questions and answers must be kept as brief as possible.
 There will be no debate on any questions or answers.
 In the event that the same or similar question is raised by more than one person, an answer may be given as a combined response.
 Questions on notice and questions without notice, and their responses will be minuted.
 Where a person does not give their name and where they are from, no record will be kept of any question/s or answer/s.
 Once the allocated time period of thirty minutes has ended, the Chairperson will declare public question time ended. At this time, any person who has not had the opportunity to put forward a question will be invited to submit their question in writing for the next meeting.

Notes

Council officers may be called upon to provide assistance to those wishing to register a question, particularly those with a disability or from non-English speaking cultures, by typing their questions.
The Chairperson may allocate a maximum time for each question, depending on the complexity of the issue, and on how many questions are asked at the meeting. The Chairperson may also indicate when sufficient response to a question has been provided.

* Limited Privilege: Members of the public should be reminded that the protection of parliamentary privilege does not apply to local government, and any statements or discussion in the Council Chamber or any document produced are subject to the laws of defamation.

Putting a Question on Notice

 Members of the public are encouraged to submit a question in writing and be put on notice to address the Council in the public question time. Council recommends this option, as it will enable Council to provide a more "well-researched" and complete response.
 A maximum of two questions may be submitted in writing before the meeting.
 To submit a question in writing, members of the public will need to fill out a question registration form. Forms are also available at the Council Office. Forms will need to be lodged at the Council Offices no later than 5pm, 10 working days before the scheduled meeting.
 Question registrations forms can be lodged by:

Mail: PO Box 102, Westbury, 7303

In person: 26 Lyall Street, Westbury

Fax: 03 6393 1474

Email: mail@mvc.tas.gov.au

 The registered questions to be answered at the Council Meeting will be listed on the agenda for the scheduled meeting.
 Each person whose registration form has been accepted or declined will be advised by no later than the Friday of the week before the scheduled meeting.
 When contacted, a person who has submitted a question registration form will need to confirm their presence at the meeting for their question to be read.
 The name of the person asking a question on notice and the question will be included in the meeting agenda and minutes.

Questions Without Notice

 Priority will be given to questions on notice over questions without notice asked from the public gallery.
 Questions without notice will be dependent on available time at the meeting following 'questions on notice.' (Maximum 30 minutes for Parts 6 & 7).
 Questions without notice are permitted at the discretion of the Chairperson.
 Provided time is available, each person in the public gallery will be given an opportunity to ask one question without notice.
 Subject to available time and in the event that no other persons seek to ask questions without notice at the meeting the Chairperson may allow further questions from persons in the public gallery.

Questions May be Refused in Certain Circumstances

The Chairperson may refuse to allow a question on notice to be listed or refuse to respond to a question put at a meeting without notice that:
 relates to any item listed on the agenda for the Council meeting (note: this ground for refusal is in order to avoid any procedural fairness concerns arising in respect to any matter to be determined on the Council Meeting Agenda);
 is unlawful in any way;
 contains defamatory remarks, offensive or improper language;
 questions the competency of Council staff or Councillors;
 relates to the personal affairs or actions of Council staff or Councillors;
 relates to confidential matters, legal advice or actual or possible legal proceedings;
 relates to any matter which would normally be discussed in the closed section of the Council Meeting pursuant to Regulation 15 of the Local Government (Meeting Procedures) Regulations 2005;
 is, in the reasonable opinion of the Chairperson, proffered to advance a particular point of view rather than to make a genuine enquiry;
 is vague in nature or irrelevant to Council;
 is not related to Council activities; or
 is a question that has been substantively asked at the previous Council Meeting.

Public Question Time Registration Form

Deputations Information Sheet

In accordance with the provisions of Regulation 38 of the Local Government (Meeting Procedures) Regulations 2005, the following policy, guidelines and conditions apply for the attendance of deputations at Council Meetings.

Public Participation Segment of Council Meeting

As a standing practice the Council will provide an opportunity for members of the public to request the opportunity to make a statement at Council meetings.
 Members of the public are, at the invitation of the Chairperson of the meeting, permitted to make a statement at any ordinary meeting of Council provided the statement does not relate to a topic which is the subject of a motion of revocation which is to be discussed at the meeting which they address.
 A maximum of fifteen minutes is to be set aside for public participation at ordinary Council Meetings.
 Not more than five members of the public are to be permitted to address the Council at any one meeting.
 The duration of any statement is not to exceed three minutes.
 Any member of the public wishing to make a statement shall indicate his/her desire and subject matter, in writing, to the General Manager by 5pm on the Friday preceding the meeting.
 The subject of any statement can relate to a matter currently before, or at some future stage to come before the Council, or any other matter of general relevance to the interests of Meander Valley.

Deputations for Council Agendas

 Applicants/objectors/supporters are, at the invitation of the Chairperson of the meeting, permitted to make a statement on their agenda item at any ordinary meeting of Council provided the statement is new information that needs to be considered.
 A maximum of three minutes is to be set aside for each applicant/objector/ supporter who wishes to address the meeting prior to discussion of their agenda item.
 The Chairperson will invite objectors/supporters to speak first and applicants last.
 Any applicant/objector/supporter wishing to make a statement shall indicate his/her desire and subject matter, by telephone, to the General Manager's office no later than 5pm on the Monday preceding the meeting.

Notes

 The speaker is required to follow the direction of the Chairperson in relation to how and when they may make the statement.
 When the speaker has been invited forward by the Chairperson they are to introduce themselves to the meeting, stating where they are from (town or suburb) before commencing their statement.
 The speaker is reminded that Council Meetings are open forums and unlike State and Commonwealth parliaments these meetings do not have protection from parliamentary privilege. This means any statement made will need to take into account the rights of other persons.
 At the meeting the speaker is fully responsible to ensure that the statement is accurate and that the statement is not defamatory, does not disclose any confidential information or personal information and does not disclose any commercial-in-confidence information.
 Should the statement be defamatory or disclose confidential information or personal information, or disclose commercial-in-confidence information then the speaker agrees that they will be fully responsible for any issues which follow from the statement.

Deputations Registration Form

Notice of Motion by a Councillor Information Sheet

In accordance with Regulation 16(5) of the Local Government (Meeting Procedures) Regulations 2005, a Councillor may give notice of a motion which that Councillor intends to move at a meeting.

 When a Councillor intends to give notice of a motion, that Councillor is to submit to the General Manager, by 11am, 10 working days before the meeting at which it is to be listed, a signed copy of the proposed issue on the prescribed proforma (see attached) giving due consideration to the following conventions:
o A resolution that is unclear, vague or ambiguous in its terms and language may be rejected by the Chair;
o Key questions to ask when drafting a resolution:
 What is the issue?
 Who does what?
 How do they do it?
 When do they do it?
 Do they report back and when/how is that done?
o The following recognised conventions apply when drafting a resolution:
 Start with the word "that"
 Use the third person and avoid the use of the first person
 Clearly indicate the intention of the council
 Avoid statements that are ambiguous
 Aim for clarity of expression
 Be carefully constructed and if necessary, set out in clauses that can be clearly identified by letters or numbers
 Indicate proposed action or reflect agreed views on a particular issue
 Don't re-introduce a resolution which has already been rejected

 The General Manager is to list the notice of motion in the next Council meeting agenda. It must be remembered that in accordance with the Local Government Act, Council must be in receipt of qualified advice from relevant Council officers before resolving a course of action on any matter.

 The General Manager will ensure that the elected member has the opportunity to view the officers report prior to the agenda being finalized.

TITLE_____________________________________________
(elected member)

1) Introduction (elected member)

2) Background (elected member)

3) Strategic/Annual Plan Conformance (council officer)

4) Policy Implications (council officer)

5) Statutory Requirements (council officer)

6) Risk Management (council officer

7) Consultation with State Government (council officer)

8) Community Consultation (council officer)

9) Financial Impact (council officer)

10) Alternative Options (council officer)

11) Officers Comments (council officer)

12) Recommendation (elected member)

Dealing with an urgent matter brought forward by Elected Members and not on the Agenda

In accordance with Regulation 8(6) of the Local Government (Meeting Procedures) Regulations 2005, the General Manager may decide to deal with any notice of motion by a Councillor, if the General Manager has reported:
a) the reason it was not possible to include the matter on the agenda;
b) that the matter is urgent
c) that advice has been provided under Section 65 of the Act.