Agenda of Glasshouse Sub-Committee

Glasshouse Sub-Committee

CHARTER

1.0 INTRODUCTION

The Glasshouse Sub-Committee (GSC) will provide a forum in which all aspects of the Glasshouse’s current and future operations can be discussed, debated, planned, progressed, monitored and measured.

The GSC will progress actions consistent with ensuring the long-term sustainability of the Glasshouse and economic and social benefit to the broader community.

At all times the GSC will give consideration to the Council-adopted strategic direction for the Glasshouse as follows:

‘The Glasshouse is a unique, nationally recognised and highly awarded multi-purpose facility. It contributes significantly to the economic benefit, place making, lifestyle and marketing of the Port Macquarie Hastings region. It is and will continue to be a key centre for high quality cultural, community and commercial activities on the Mid North Coast.’

The GSC may make recommendations to Council.

It should be noted that the GSC has no delegation to allocate funding on behalf of Council. The GSC may make recommendations to Council about how funding should be spent in relation to the objectives contained within this Charter, however those funds will only be applied and expended following a formal resolution of Council.

2.0 OBJECTIVES

The short-term (within 3 months) objectives of the GSC are to:

2.1 Develop and recommend to Council a Strategic Business Plan for the Glasshouse.

2.2 Develop and prioritise strategic actions associated with the Glasshouse Strategic Business Plan.

2.3 Develop a process for determining which services and functions of the Glasshouse will be provided into the future, giving due consideration to relevant data, including the budgetary position of the Glasshouse, to ensure the broader economic and social benefits to the community are retained.

The ongoing objectives of the GSC are to:

2.4 Monitor and measure the implementation of the adopted Glasshouse Strategic Business Plan through performance measures agreed upon and included in the business plan.

2.5 Make recommendations to Council that would identify new opportunities and continuously improve the ongoing operations, social and economic benefits to council and the community and overall sustainability of the Glasshouse.

2.6 Proactively engage with other relevant Councillor Portfolios, industry and community groups and relevant specialist consultants where required.

3.0 MEMBERSHIP

A formal Expression of Interest (EOI) process across the local government area will be undertaken as a way of calling for the independent members on the GSC.

Independent members (to a maximum of five (5) members) will be required to demonstrate a background, thorough understanding and/or qualifications in two or more of the following areas:

· Finance

· Governance

· Arts

· Culture

· Entertainment

· Change Management

· Strategic Business Planning

Other PMHC members will be:

· Two (2) Councillors;

· Director - Commercial Services & Industry Engagement;

· Group Manager – Commercial & Business Services; and

· Glasshouse Venue Manager.

Other members including Councillors, senior council staff, State and Federal Government representatives and specific constituent groups or individuals within various sectors may be invited to attend meetings on certain issues to progress agreed actions as approved by the GSC.

The number of members appointed to the GSC will be made up as outlined above including up to three (3) PMHC Staff members, two (2) Councillors and up to five (5) Independent Community Members.

Members of the GSC will at all times be required to represent the interests of the broader community and be focussed on ensuring the future and ongoing sustainability of the Glasshouse, in line with the Council-adopted strategic direction of the Glasshouse.

4.0 QUORUM

The quorum for the GSC will be half of the members of the GSC present plus one for any one meeting. A quorum must include a minimum of one Councillor and one PMHC staff member being present.

5.0 TERM

The initial term of the GSC will be for a period of twenty four (24) months, from commencement date of the GSC, with a review to take place at the twelve (12) month period to ensure relevance to the ongoing aims of the GSC.

6.0 APPOINTMENT OF CHAIRPERSON & MEMBERS

The GSC Chairperson, Councillor representatives and independent members shall only be appointed via a Council resolution.

7.0 ADMINISTRATIVE ARRANGEMENTS

Meetings will be held monthly (or more regularly if required) commencing in February 2014.

Meetings will be held at the main administration office of Port Macquarie-Hastings Council.

Administrative support will be provided to the GSC by PMHC.

All GSC agendas and minutes will be made available to the public via Council’s web site – except for commercial in confidence items or information that may confer a commercial advantage in accordance with relevant legislation and codes of meeting practice.

8.0 OBLIGATIONS OF MEMBERS

In performing their GSC duties, members of the GSC shall:

8.1 Commit to pro-actively working towards the creation of a Glasshouse Strategic Business Plan and advancing its actions, monitoring and continuous improvement.

8.2 Act honestly and in good faith.

8.3 Act impartially at all times.

8.4 Participate actively in the work of the GSC.

8.5 Exercise the care, diligence and skill that would be expected of a reasonable person in comparable circumstances.

8.6 Comply with this Terms of Reference document at all times.

8.7 Treat all matters that come before the GSC as confidential unless otherwise authorised to disclose.

8.8 Observe all relevant Disclosures and Code of Conduct and Code of Meeting Practice obligations where applicable.

8.9 Note that the Mayor or GSC Chairperson are the public spokespersons for the group.

Glasshouse Sub-Committee

ATTENDANCE REGISTER

Member	04/02/14
Councillor Adam Roberts (Chair)
Councillor Rob Turner
Adam Button
Moira Magrath
William Grubb
Jennifer Hutchison
Craig Swift-McNair (Director, Commercial Services & Industry Engagement)
Rebecca Olsen (Group Manager Commercial & Business Services)
Craig Smith (Glasshouse Venue Manager)

Key: P = Present

A = Absent With Apology

X = Absent Without Apology

AGENDA Description: Governance Strap.jpg Glasshouse Sub-Committee 04/02/2014

Item: 04

Subject: DISCLOSURES OF INTEREST

RECOMMENDATION

That Disclosures of Interest be presented

DISCLOSURE OF INTEREST DECLARATION

Name of Meeting: ………………………………………………………………………..

Meeting Date: ………………………………………………………………………..

Item Number: ………………………………………………………………………..

Subject: ………………………………………………………………………..

…………………………………………………….……………...…..

I, ..................................................................................... declare the following interest:

Pecuniary:

Take no part in the consideration and voting and be out of sight of the meeting.

Non-Pecuniary - Significant Interest:

Take no part in the consideration and voting and be out of sight of the meeting.

Non-Pecuniary - Less than Significant Interest:

May participate in consideration and voting.

For the reason that: ....................................................................................................

.......................................................................................................................................

Signed: ......................................................................... Date: ..................................

(Further explanation is provided on the next page)

Further Explanation

(Local Government Act and Code of Conduct)

A conflict of interest exists where a reasonable and informed person would perceive that a Council official could be influenced by a private interest when carrying out their public duty. Interests can be of two types: pecuniary or non-pecuniary.

All interests, whether pecuniary or non-pecuniary are required to be fully disclosed and in writing.

Pecuniary Interest

A pecuniary interest is an interest that a Council official has in a matter because of a reasonable likelihood or expectation of appreciable financial gain or loss to the Council official. (section 442)

A Council official will also be taken to have a pecuniary interest in a matter if that Council official’s spouse or de facto partner or a relative of the Council official or a partner or employer of the Council official, or a company or other body of which the Council official, or a nominee, partner or employer of the Council official is a member, has a pecuniary interest in the matter. (section 443)

The Council official must not take part in the consideration or voting on the matter and leave and be out of sight of the meeting. (section 451)

Non-Pecuniary

A non-pecuniary interest is an interest that is private or personal that the Council official has that does not amount to a pecuniary interest as defined in the Act.

Non-pecuniary interests commonly arise out of family, or personal relationships, or involvement in sporting, social or other cultural groups and associations and may include an interest of a financial nature.

The political views of a Councillor do not constitute a private interest.

The management of a non-pecuniary interest will depend on whether or not it is significant.

Non Pecuniary – Significant Interest

As a general rule, a non-pecuniary conflict of interest will be significant where a matter does not raise a pecuniary interest, but it involves:

(a) A relationship between a Council official and another person that is particularly close, for example, parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descendant or adopted child of the Council official or of the Council official’s spouse, current or former spouse or partner, de facto or other person living in the same household.

(b) Other relationships that are particularly close, such as friendships and business relationships. Closeness is defined by the nature of the friendship or business relationship, the frequency of contact and the duration of the friendship or relationship.

(c) An affiliation between a Council official an organisation, sporting body, club, corporation or association that is particularly strong.

If a Council official declares a non-pecuniary significant interest it must be managed in one of two ways:

1. Remove the source of the conflict, by relinquishing or divesting the interest that creates the conflict, or reallocating the conflicting duties to another Council official.

2. Have no involvement in the matter, by taking no part in the consideration or voting on the matter and leave and be out of sight of the meeting, as if the provisions in section 451(2) apply.

Non Pecuniary – Less than Significant Interest

If a Council official has declared a non-pecuniary less than significant interest and it does not require further action, they must provide an explanation of why they consider that the conflict does not require further action in the circumstances.

SPECIAL DISCLOSURE OF PECUNIARY INTEREST DECLARATION

[insert full name of councillor]

In the matter of

[insert name of environmental planning instrument]

Which is to be considered at a meeting of the

[insert name of meeting]

Held on

[insert date of meeting]

PECUNIARY INTEREST

Address of land in which councillor or an associated person, company or body has a proprietary interest (the identified land)ⁱ

Relationship of identified land to councillor

[Tick or cross one box.]

 Councillor has interest in the land (e.g. is owner or has other interest arising out of a mortgage, lease trust, option or contract, or otherwise).

 Associated person of councillor has interest in the land.

 Associated company or body of councillor has interest in the land.

MATTER GIVING RISE TO PECUNIARY INTEREST

Nature of land that is subject to a change

in zone/planning control by proposed

LEP (the subject landⁱⁱⁱ

[Tick or cross one box]

 The identified land.

 Land that adjoins or is adjacent to or is in proximity to the identified land.

Current zone/planning control

[Insert name of current planning instrument and identify relevant zone/planning control applying to the subject land]

Proposed change of zone/planning control

[Insert name of proposed LEP and identify proposed change of zone/planning control applying to the subject land]

Effect of proposed change of zone/planning control on councillor

[Tick or cross one box]

 Appreciable financial gain.

 Appreciable financial loss.

Councillor’s Signature: ………………………………. Date: ………………..

Important Information

This information is being collected for the purpose of making a special disclosure of pecuniary interests under sections 451 (4) and (5) of the Local Government Act 1993. You must not make a special disclosure that you know or ought reasonably to know is false or misleading in a material particular. Complaints made about contraventions of these requirements may be referred by the Director-General to the Local Government Pecuniary Interest and Disciplinary Tribunal.

This form must be completed by you before the commencement of the council or council committee meeting in respect of which the special disclosure is being made. The completed form must be tabled at the meeting. Everyone is entitled to inspect it. The special disclosure must be recorded in the minutes of the meeting.

i. Section 443 (1) of the Local Government Act 1993 provides that you may have a pecuniary interest in a matter because of the pecuniary interest of your spouse or your de facto partner or your relative^iv or because your business partner or employer has a pecuniary interest. You may also have a pecuniary interest in a matter because you, your nominee, your business partner or your employer is a member of a company or other body that has a pecuniary interest in the matter.

ii. Section 442 of the Local Government Act 1993 provides that a pecuniary interest is an interest that a person has in a matter because of a reasonable likelihood or expectation of appreciable financial gain or loss to the person. A person does not have a pecuniary interest in a matter if the interest is so remote or insignificant that it could not reasonably be regarded as likely to influence any decision the person might make in relation to the matter or if the interest is of a kind specified in section 448 of that Act (for example, an interest as an elector or as a ratepayer or person liable to pay a charge).

iii. A pecuniary interest may arise by way of a change of permissible use of land adjoining, adjacent to or in proximity to land in which a councillor or a person, company or body referred to in section 443 (1) (b) or (c) of the Local Government Act 1993 has a proprietary interest—see section 448 (g) (ii) of the Local Government Act 1993.

iv. Relative is defined by the Local Government Act 1993 as meaning your, your spouse’s or your de facto partner’s parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descendant or adopted child and the spouse or de facto partner of any of those persons.

AGENDA Description: Governance Strap.jpg Glasshouse Sub-Committee 04/02/2014

Item: 07

Subject: Council's Code of Conduct

Presented by: General Manager, Anthony Hayward

RECOMMENDATION

That the information in and the attachments to the Council’s Code of Conduct report be noted.

Executive Summary

The Division of Local Government has released a Circular with the purpose of informing Council and its Sub-Committees that the new Model Code Framework commenced on 1 March 2013 and that the Division has made available a number of resources to support the new Model Code Framework.

This report provides information regarding the Council’s adopted Code of Conduct and availability of key supporting resources.

Discussion

The Division of Local Government released a Circular, 13-06, with the purpose of informing Council that:

· The new Model Code Framework commenced on 1 March 2013.

· A simple guide, Model Code Summary, is available in relation to the standards of behaviour required by council officials.

· The Division has created a Model Code of Conduct 2013 webpage, featuring key resources to support implementation of the new code.

The Division of Local Government has made available a number of resources on the webpage, which include:

· FAQs on the implementation of the new framework.

· The Model Code of Conduct, Model Code summary and Model Code Procedures.

· Standalone versions of the Model Code targeted at different types of council officials containing only those standards relevant to those officials.

· Guides to Model Code procedures for general managers, Mayors and complaints coordinators, containing easy to understand summaries of their roles in the complaints management process.

· Guides to Model Code procedures for complainants and people the subject of investigation. The prescribed procedures require that persons being investigated be provided with information about the investigation process.

The Model Code of Conduct 2013 webpage may be accessed from the Division’s website at www.dlg.nsw.gov.au.

At the Ordinary Meeting of Council held 20 February 2013, Council resolved to adopt a new Code of Conduct as required by the Local Government Act 1993, based on the recently revised Model Code from the Division of Local Government.

All Council Committee and Sub-Committee members must comply with the applicable provisions of Council’s Code of Conduct in carrying out their functions. It is the personal responsibility of Council Committee and Sub-Committee members to comply with the standards in the Code and regularly review their personal circumstances with this in mind.

Attachment 1 to this report is the Council’s adopted Code of Conduct.

Attachment 2 to this report is a document from the Division of Local Government outlining the obligations of Council Committee and Sub-Committee members.

Attachment 3 to this report is a further document from the Division of Local Government providing a summary of the Model Code of Conduct relevant to Council officials (which includes Committee and Sub-Committee members).

All attachments are provided for information.

Planning & Policy Implications

This report communicates to the Sub-Committee, Council’s adopted Code of Conduct and the availability of key supporting resources and supplementary information to Council’s adopted Code.

Attachments

1 View. Code of Conduct

2 View. Your Obligations as a Council Committee Member

3 View. Model Code of Conduct - Summary