Ordinary Council Meeting
15 August 2016
The meeting commences at 6.30pm. If members of the public are
not interested in any business recommended to be considered in
Closed Session or there is no such business, Council will ordinarily
commence consideration of all other business at 7pm.
2. Mayoral Minute Proposed Alternate Special Resolution Regarding Amending the NSROC Constitution
Record No: SU902 - 49773/16
Division: Lane Cove Council
Author(s): Councillor Deborah Hutchens
Over the last few months the NSROC Board has considered the options for the operation of NSROC in the context of the Local Government reform agenda, including the receipt of legal advice and weighing various options for the organisation over the coming year.
A component of that consideration has been potential amendments to the NSROC Constitution to alter the member representation on the Board in the event that councils are dissolved by amalgamation or otherwise.
The following points are relevant:
· At its meeting on May 5th 2016 the NSROC Board resolved to take steps to amend the NSROC Constitution by way of changing the member representatives on the NSROC Board, to take effect in the event that councils are dissolved as part of the ‘Fit for the Future’ local government reform process. Such changes required an amendment to the NSROC Constitution;
· Throughout May and June 2016 individual member councils considered the proposed Constitutional amendments required to give effect to the decision of May 5th 2016. In this regard, Lane Cove Council at its meeting of 16 May, 2016 resolved:-
1. Endorse the proposed amendment to the Constitution of the Northern Sydney Regional Organisation of Councils and direct Lane Cove Council representatives on the NSROC Board to support this decision at the Extraordinary NSROC Board meeting to be held on 2 June 2016; and
2. Appoint Councillor Deborah Hutchens and Councillor Scott Bennison as Council’s representatives on the NSROC Board should Clause 5 of the NSROC Constitution come into effect.”
· On July 7th 2016 an Extraordinary Meeting of the NSROC Board was held to consider the proposed amendment to the NSROC Constitution. At that meeting the motion to amend the Constitution was lost.
· At the NSROC Board meeting of August 11th 2016 the Board further considered the issue and resolved:-
“To undertake appropriate actions to amend the NSROC Constitution so that in the event that current member councils are dissolved as a result of action under the Local Government Act 1993, an Administrator acting for newly constituted Councils will be able to nominate two representatives to populate the NSROC board.”
· · The proposed amendment to the Constitution is to be heard at an Extraordinary meeting of the Board to be arranged as soon as possible, likely to be mid September after 21 days notice is provided to members.
The Reason for Amending the Constitution
This NSROC Constitution requires that the Governing Board of the organisation is populated by two ‘delegates’ from each Council, who must be the Mayor and a Councillor. Legal advice has been obtained which states that in the event that elected Councillors are not in place there would be no person qualified to sit on the Board in accordance with the wording of the Association’s Constitution. As a result, the operations of NSROC would be limited to matters already approved by a duly constituted Board (that is, approved before any proclamation to abolish councils is made) or able to be put into effect under delegated decision-making by staff or others such as General Managers.
The legal advice notes that a potential solution to this situation is that the NSROC Constitution be amended so that the Board could be populated by alternate delegates in the event that role of Mayors and Councillors are extinguished. At the NSROC Board meeting of August 11th, the Board determined that, in the event that Councils are dissolved, the appropriate way forward would be for the Administrator of newly constituted councils to nominate two delegates to the Board.
The Proposed Constitutional Amendment
A summary of the proposed amendments are show below in italic underline.
(i) Membership of the Organisation shall be open to, but not restricted to, the following Councils:
a. The Council of the Shire of Hornsby
b. The Council of the Municipality of Hunters Hill
c. The Council of the Municipality of Ku-ring-gai
d. The Council of Lane Cove
e. The Council of North Sydney
f. The Council of the City of Ryde
g. The Council of the City of Willoughby
h. Any Council newly constituted by amalgamation or otherwise that includes any area formerly within the area of any of the above Councils.
ii) If any existing member Council is dissolved, amalgamated or otherwise ceases to exist:
a. the Council (whether newly formed or otherwise) that becomes the Council for any area within the existing member Council’s area automatically becomes a member of the Organisation upon becoming the Council for that area; and
b. unless and until the new or continuing member Councils are constituted by elected Councillors, the representation in respect of such member Councils is to be determined in accordance with clause 5.vii) below.”
Amend Clause 5 as follows:-
i) A member Council will be represented on the Organisation as follows:
The Mayor and one other Councillor.
ii) A member Council shall, at its first ordinary meeting after any Council election, appoint delegates from the Council membership to the Organisation, one of whom shall be the Mayor. Each such delegate shall hold office until the appointment of a successor.
iii) The office of delegate shall become vacant if the delegate:
a. ceases to hold the office as a Councillor;
b. resigns by letter addressed to the member Council; or
c. is absent from three (3) consecutive meetings of the Organisation without having obtained leave of absence from the Organisation;
d. is replaced by the member Council at any time.
iv) Where the office of a delegate becomes vacant, the member Council concerned, at the first convenient ordinary meeting held after such vacancy occurs, should appoint another delegate.
v) Where the Mayor of a Council is unable to attend a meeting of the Organisation, the Council may only be represented by the Acting Mayor for the purpose of being an alternative delegate.
vi) Where any delegate, not being the Mayor, of a Council is unable to attend a meeting of the Organisation, the Council may be represented by another member of the Council duly appointed for the purpose of being an alternative delegate.
vii) Despite clauses 5.i) to 5.vi) above, in the event that a member Council is not constituted by elected Councillors, and the functions of the Council are being undertaken by an Administrator, the representation in respect of the Council (whether newly formed or otherwise) is to be determined by the Administrator of that Council, who may nominate two (2) delegates to the Organisation for each former member Council, to populate the Board.
The effect of the proposed amendments are:-
• Whilst ever the current councils remain in place, the current Board arrangements will prevail (i.e. the Board will be populated by the Mayor and one other Councillor from each member Council);
• If councils are dissolved by proclamation, or there is no Mayor/Councillors holding office, an Administrator of a Council will be required to nominate two delegates to populate the Board; and
• Once council elections are held, and new Mayor/Councillors are in place, the organisation will revert to the current Board selection arrangements (i.e. the Board will be populated by the Mayor and one other Councillor).
That Council endorse the proposed amendment to the Constitution of the Northern Sydney Regional Organisation of Councils and direct its representatives on the NSROC Board to support this decision at the upcoming Extraordinary NSROC Board meeting called to consider this matter.
Councillor Deborah Hutchens
There are no supporting documents for this report.