Mayor: Cr K Milne
Councillors: G Bagnall (Deputy Mayor) C Byrne
B Longland W Polglase P Youngblutt
Agenda
Extraordinary Council Meeting Thursday 17 December 2015
held at Murwillumbah Cultural and Civic Centre commencing at 10.00am
COUNCIL'S CHARTER
Tweed Shire Council's charter comprises a set of principles that are to guide Council in the carrying out of its functions, in accordance with Section 8 of the
Local Government Act, 1993.
Tweed Shire Council has the following charter:
• to provide directly or on behalf of other levels of government, after due
consultation, adequate, equitable and appropriate services and facilities for the community and to ensure that those services and facilities are managed efficiently and effectively;
• to exercise community leadership;
• to exercise its functions in a manner that is consistent with and actively promotes the principles of multiculturalism;
• to promote and to provide and plan for the needs of children;
• to properly manage, develop, protect, restore, enhance and conserve the
environment of the area for which it is responsible, in a manner that is consistent with and promotes the principles of ecologically sustainable development;
• to have regard to the long term and cumulative effects of its decisions;
• to bear in mind that it is the custodian and trustee of public assets and to effectively account for and manage the assets for which it is responsible;
• to facilitate the involvement of councillors, members of the public, users of facilities and services and council staff in the development, improvement and co-ordination of local government;
• to raise funds for local purposes by the fair imposition of rates, charges and fees, by income earned from investments and, when appropriate, by borrowings and grants;
• to keep the local community and the State government (and through it, the wider community) informed about its activities;
• to ensure that, in the exercise of its regulatory functions, it acts consistently and without bias, particularly where an activity of the council is affected;
• to be a responsible employer.
Items for Consideration of Council:
ITEM PRECIS PAGE
REPORTS THROUGH THE GENERAL MANAGER 5
REPORTS FROM THE DIRECTOR CORPORATE SERVICES 5
1 [CS-EXT] Councillors - Payment of Expenses - Dispute Resolution 5 2 [CS-EXT] Councillors - Payment of Expenses and Provision of
Facilities for Mayor and Councillors Policy Version 1.9
11
THIS PAGE IS BLANK
In accordance with the Terms of Meeting Practice, Sections 1.1.3 and 1.2 the Mayor has authorised that the Extraordinary Meeting will be convened at 10.00am on Thursday 17 December 2015, to consider this item.
REPORTS THROUGH THE GENERAL MANAGER
REPORTS FROM THE DIRECTOR CORPORATE SERVICES
1 [CS-EXT] Councillors - Payment of Expenses - Dispute Resolution
SUBMITTED BY: Corporate Governance
Valid
LINKAGE TO INTEGRATED PLANNING AND REPORTING FRAMEWORK:
1 Civic Leadership
1.2 Improve decision making by engaging stakeholders and taking into account community input 1.2.1 Council will be underpinned by good governance and transparency in its decision making process
SUMMARY OF REPORT:
The "Councillors – Payment of Expenses and Provision of Facilities for Mayor and Councillors Policy" Version 1.9 prescribes the following processes in relation to reimbursement and reconciliation of expenses and what occurs should a dispute arise regarding an expense claim:
"4.1.7 Approval and dispute resolution processes
This policy sets out in various areas the approval arrangements for all expenses. In particular, the attendance at seminars and conferences, training and educational courses, dinners and other non – council functions.
Should a dispute arise about the provision of expenses and facilities, or when an expense claim is not approved by the Mayor and General Manager or nominee for Councillors, or the Deputy Mayor and General Manager or nominee for the Mayor, then the disputed decision should be reviewed by the Chair of the Audit Committee, with a report to the full Council meeting."
4.1.8 Reimbursement and reconciliation of expenses
Reimbursement of expenses shall only be made upon the production of appropriate receipts and tax invoices and the completion of the required claim forms.
Reimbursement of claimable expenses are authorised and approved in the following manner:
• Mayor by the Deputy Mayor and Public Officer;
• Councillors by the Mayor and Public Officer.
All expenses being reimbursed must be in accordance with the provisions of this policy.
A Councillor seeking reimbursement of expenses must lodge a claim within three months of the expense being incurred."
A number of components of councillor expense claims for August, September and October have been disputed and subsequently referred to the Chair of the Audit for review. It is worth noting that the Chair of the Audit Committee is a person independent of council.
With reference to the disputed claim components, the Chair of the Audit Committee has completed the review and determined a conclusion on those referred matters and this conclusion is contained within the body of the report.
RECOMMENDATION:
That:
1. The review of the disputed Councillor Expense Claims by the Chair of the Audit Committee be received and noted and the disputed claims be reimbursed in accordance with past practice.
2. Council notes the current review of the "Councillors – Payment of Expenses and Provision of Facilities for Mayor and Councillors Policy" being undertaken by Prevention Partners NSW.
REPORT:
The Councillors – Payment of Expenses and Provision of Facilities for Mayor and Councillors Policy Version 1.9 prescribes the following processes in relation to reimbursement and reconciliation of expenses and what occurs should a dispute arise regarding an expense claim:
"4.1.7 Approval and dispute resolution processes
This policy sets out in various areas the approval arrangements for all expenses. In particular, the attendance at seminars and conferences, training and educational courses, dinners and other non – council functions.
Should a dispute arise about the provision of expenses and facilities, or when an expense claim is not approved by the Mayor and General Manager or nominee for Councillors, or the Deputy Mayor and General Manager or nominee for the Mayor, then the disputed decision should be reviewed by the Chair of the Audit Committee, with a report to the full Council meeting."
4.1.8 Reimbursement and reconciliation of expenses
Reimbursement of expenses shall only be made upon the production of appropriate receipts and tax invoices and the completion of the required claim forms.
Reimbursement of claimable expenses are authorised and approved in the following manner:
• Mayor by the Deputy Mayor and Public Officer;
• Councillors by the Mayor and Public Officer.
All expenses being reimbursed must be in accordance with the provisions of this policy.
A Councillor seeking reimbursement of expenses must lodge a claim within three months of the expense being incurred."
A number of components of councillor expense claims for August, September and October have been disputed and subsequently referred to the Chair of the Audit for review, in accordance with the terms of the policy. It is worth noting that the Chair of the Audit Committee is a person independent of council.
With reference to the disputed claim components, the Chair of the Audit Committee has completed the review and determined a conclusion on those referred matters as follows:
As a result of these unresolved concerns, my final conclusions on the disputed decisions referred for my review are as follows:
1. An urgent and thorough review of the Policy is required. I therefore endorse the appointment of Prevention Partners NSW to lead this review and their recommended approach providing the review is completed without delay.
2. As a result of the inconsistencies and deficiencies in the current Policy, I also endorse Prevention Partners NSW recommendation that “While this review (the Prevention Partners review) is being undertaken we recommend Council continue applying the Policy as it has been in the past”. This means that all of the claims
conclusion despite the reservations I express above on reimbursing claims for reimbursement of telephone and internet on the presumption that the review of the Policy will be completed and adopted by Council promptly and full compliance with the amended policy in form and spirit will be required. I consider that the financial cost to Council of this recommendation to be small to non-existent."
A copy of the Chair of the Audit Committee’s completed review is included as an Attachment 1 to this report.
Procedurally the Local Government Act 1993 requires that the Councillors – Payment of Expenses and Provision of Facilities for Mayor and Councillors Policy be reviewed annually.
Council previously placed the Policy on public exhibition, with no submissions being received.
Preceding the referral of the disputed claims to the Chair of the Audit Committee, Council enquired with the Office of Local Government in regards to the interpretation of the existing Policy and as a result of these discussions other facets of the Policy were raised that required further clarification. To facilitate an overall review of this Policy, Prevention Partners NSW were engaged to undertake a comprehensive review of the Policy.
A workshop with councillors and staff has occurred with the resultant Draft Policy proposed to be considered at the January 2016 Council meeting.
OPTIONS:
1. To adopt the conclusion of the independent review of the disputed claims undertaken by the Chair of the Audit Committee.
2. To adopt an alternate strategy in reconciling the disputed claims.
CONCLUSION:
That the:
1. Review of the disputed Councillor Expense Claims by the Chair of the Audit Committee be received and noted and the disputed claims be reimbursed in accordance with past practice.
2. Current review of the Councillors – Payment of Expenses and Provision of Facilities for Mayor and Councillors Policy being undertaken by Prevention Partners NSW is noted.
COUNCIL IMPLICATIONS:
a. Policy:
Councillors - Payment of Expenses and Provision of Facilities for Mayor and Councillors v1.9.
c. Legal:
Not Applicable.
d. Communication/Engagement:
Involve/Collaborate-We will work with you on an ongoing basis to ensure your ideas, concerns and aspirations are considered. We will provide feedback on Council's decisions.
Inform - We will keep you informed.
A Councillor Workshop was also conducted on Thursday 3 December 2015.
UNDER SEPARATE COVER/FURTHER INFORMATION:
Attachment 1. Report on Independent Review of Disputed Claims by Chair of the Audit Committee (ECM 3889199).
THIS PAGE IS BLANK
1.3.2 Business Paper for Extraordinary Meetings
The General Manager must ensure that the business paper for an extraordinary meeting of the Council deals only with the matters stated in the notice of the meeting.
Despite the sub-clause, business may be transacted at an Extraordinary meeting of Council even though due notice of the business has not been given to the Councillors. However, this can happen only if:
(a) a motion is passed to have the business transacted at the meeting; and
(b) the business proposed to be brought forward is ruled by the Chairperson to be of great urgency.
Such a motion can be moved without notice but only after the business notified in the business paper for the meeting has been disposed of.
Only the mover of a motion referred to in the immediate sub-clause can speak to the motion before it is put.
The Regulation Clause 242
2 [CS-EXT] Councillors - Payment of Expenses and Provision of Facilities for Mayor and Councillors Policy Version 1.9
SUBMITTED BY: Corporate Governance
Valid
LINKAGE TO INTEGRATED PLANNING AND REPORTING FRAMEWORK:
1 Civic Leadership
1.2 Improve decision making by engaging stakeholders and taking into account community input 1.2.1 Council will be underpinned by good governance and transparency in its decision making process
SUMMARY OF REPORT:
This report deals with the ongoing payment of councillor expense claims pending the outcome of the external review and the ultimate adoption of the revised Councillors – Payment of Expenses and Provision of Facilities for Mayor and Councillors Policy.
It is proposed that until the revised Policy is in place and in line with advice from the external reviewer – Prevention Partners NSW, that Council continues applying the Policy as it has been in the past.
RECOMMENDATION:
That expense claims lodged under the Councillors – Payment of Expenses and Provision of Facilities for Mayor and Councillors Policy, Version 1.9, continue to be paid as they have in the past until the adoption of a revised Councillors – Payment of Expenses and Provision of Facilities for Mayor and Councillors Policy.
REPORT:
This report deals with the ongoing payment of councillor expense claims pending the outcome of the external review and the ultimate adoption of the revised Councillors – Payment of Expenses and Provision of Facilities for Mayor and Councillors Policy.
As Councillors will be aware there have been a number of issues raised regarding the application of the broader expenses policy. These issues were raised with the Office of Local Government, whom in turn raised a number of further anomalies in relation to the private use of the mayoral vehicle and dry cleaning expenses.
The raising of these further issues necessitated the referral of the Policy review to an external reviewer – Prevention Partners NSW, who has already undertaken a workshop session with councillors and staff in relation to the Policy review. Also, as part of this external review, claims have been analysed over a three month period, with a number of issues being identified that were not previously raised, including the aspect of tax invoices particularly for claims for Telecommunications.
In relation to the review of the Policy it is proposed to present a report for consideration of a Draft Policy at the Council Meeting to be conducted on 21 January 2016. To ensure equity and transparency for all Councillors and to aid in clarifying the processing of claims, this Draft Policy will then be required to be advertised for 28 days, with submissions being open for 42 days. At the expiration of this submission period the Draft Policy will then be reported back to Council, including any submissions, for adoption and implementation.
While this process is occurring, it is proposed that until the revised Policy is in place and in line with advice from the external reviewer – Prevention Partners NSW, that council continues applying the Policy as it has been in the past. This will also provide Councillors with sufficient time to amend current plans and accounts if required.
OPTIONS:
1. To adopt the recommendation.
2. To put a separate review process in place.
CONCLUSION:
That expense claims lodged under the Councillors – Payment of Expenses and Provision of Facilities for Mayor and Councillors Policy, Version 1.9, continue to be paid as they have in the past until the adoption of a revised Councillors – Payment of Expenses and Provision of Facilities for Mayor and Councillors Policy.
COUNCIL IMPLICATIONS:
a. Policy:
Councillors - Payment of Expenses and Provision of Facilities for Mayor and Councillors v1.9
b. Budget/Long Term Financial Plan:
Due allowance for Councillor Expense claims is contained within the budget.
c. Legal:
Yes, legal advice has been received.
Not Applicable.
d. Communication/Engagement:
Involve/Collaborate-We will work with you on an ongoing basis to ensure your ideas, concerns and aspirations are considered. We will provide feedback on Council's decisions.
Consult-We will listen to you, consider your ideas and concerns and keep you informed.
Inform - We will keep you informed.
A Councillor Workshop was conducted on Thursday 3 December 2015.
UNDER SEPARATE COVER/FURTHER INFORMATION:
Nil.
