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Extraordinary Council
Agenda
Monday 24 September 2018
6.00pm
Seating Plan for the Mayor and Councillors:
Staff Staff Mayor
Cr Peter Cavanagh Staff Staff
Staff Staff
Deputy Mayor
Cr Susan Wynne
Cr Richard Shields
Cr Nick Maxwell Cr Megan McEwin
Cr Isabelle Shapiro Cr Matthew Robertson
Cr Toni Zeltzer Cr Luise Elsing
Cr Mary-Lou Jarvis Cr Lucinda Regan
Cr Mark Silcocks Cr Anthony Marano
Cr Harriett Price Cr Claudia Cullen
Press
Public Gallery
Woollahra Municipal Council
Extraordinary Council Meeting Agenda 24 September 2018
Woollahra Municipal Council
Notice of Meeting
18 September 2018
To: His Worship the Mayor, Councillor Peter Cavanagh ex-officio
Councillors Susan Wynne (Deputy Mayor)
Claudia Cullen
Luise Elsing
Mary-Lou Jarvis
Anthony Marano
Nick Maxwell
Megan McEwin
Harriet Price
Lucinda Regan
Matthew Robertson
Isabelle Shapiro
Richard Shields
Mark Silcocks
Toni Zeltzer
Dear Councillors
Extraordinary Council – 24 September 2018
In accordance with the provisions of the Local Government Act 1993, I request your attendance at
Council’s Extraordinary Council meeting to be held in the Council Chambers, 536 New South
Head Road, Double Bay, on Monday 24 September 2018 at 6.00pm.
Gary James
General Manager
Woollahra Municipal Council
Extraordinary Council Meeting Agenda 24 September 2018
Extraordinary
Meeting Agenda Page
1. Leave of Absence and Apologies
2. Declarations of Interest
3. Late Correspondence
4. General Manager and Officer’s Report ................................................................................. 9
4.1 Election of Deputy Mayor (2018 - 2019) - 18/120958 ................................................ 9
4.2 Appointment of Committees for the next twelve (12) months - 18/120963 .............. 13
4.3 Chairperson and Deputy Chairperson of Standing Committees - 18/120964 ............ 17
4.4 Representation on other Committees and Organisations - 18/120966 ....................... 19
4.5 Delegations of Authority to The Mayor and Deputy Mayor, the General
Manager and Standing Committees - 18/121245 ....................................................... 23
Woollahra Municipal Council
Extraordinary Council Meeting Agenda 24 September 2018
Item No. 4.1 Page 9
4. General Manager and Officer’s Report
Item No: 4.1
Subject: ELECTION OF DEPUTY MAYOR (2018 - 2019)
Author: Helen Tola, Manager - Governance & Council Support
Approver: Don Johnston, Director Corporate Services
File No: 18/120958
Reason for Report: To elect the Deputy Mayor for the period September 2018 to September
2019.
Recommendation:
A. THAT the General Manager as the Returning Officer proceeds with the election of the Deputy
Mayor in accordance with the provisions of the Local Government Act 1993 and the Local
Government (General) Regulation 2005 for the period of one year (i.e. September 2018 to
September 2019).
B. THAT the election of the Deputy Mayor proceed in accordance with the Local Government
Act 1993 and the Local Government (General) Regulation 2005.
Background:
Section 231 of the Local Government Act provides that:
1) The Councillors may elect a person from among their number to be the Deputy Mayor.
2) The person may be elected for the mayoral term or a shorter term.
3) The Deputy Mayor may exercise any function of the mayor at the request of the mayor or if
the mayor is prevented by illness, absence or otherwise from exercising the function or if
there is a casual vacancy in the office of mayor.
4) The Councillors may elect a person from among their number to act as Deputy Mayor if the
Deputy Mayor is prevented by illness, absence or otherwise from exercising a function under
this section, or if no Deputy Mayor has been elected.
Council determined in September 2017 to elect the Deputy Mayor for a one (1) year term in
2017/18. The election for the position of Deputy Mayor will therefore need to be held in September
2018 in conjunction with the annual review of Committee memberships and the appointment of
Chairpersons and Deputy Chairpersons.
The procedure to elect the Deputy Mayor is similar to that for the election of the Mayor, where the
current Mayor shall Chair the Meeting with the General Manager acting as the Returning Officer,
conducting the Election.
Section 282(2) of the Local Government Act 1993 (the Act) provides that the Council shall elect
one of its members to be Deputy Mayor. The procedure for the Deputy Mayoral Election is in
accordance with the provisions of Part 11 of the Local Government (General) Regulation 2005.
Report:
The election is to be conducted as follows:
Woollahra Municipal Council
Extraordinary Council Meeting Agenda 24 September 2018
Item No. 4.1 Page 10
(a) The Chairman of the meeting shall invite nominations, which are to be announced and
elections are to be conducted at the same Council meeting. A Councillor may be nominated
without notice. The nomination is to be made in writing by 2 or more Councillors one of
whom may be the nominee. Nomination forms have been circulated with a copy of this
Extraordinary Council Meeting Agenda and will also be available at the meeting. The
nomination is not valid unless the nominee has indicated consent to the nomination in writing.
(b) The nomination is to be delivered or sent to the Returning Officer, who is the General
Manager.
(c) The Returning Officer is to announce the names of the nominees at the Extraordinary Council
Meeting.
(d) If there is only one nomination or if all of the Councillor candidates nominated except one
decline, then the Returning Officer shall declare the nominee elected.
(e) Where there is more than one Councillor candidate the Council must by resolution resolve
whether the election is to be by:
i. Ordinary Ballot, or
ii. Preferential Ballot, or
iii. Open Voting (show of hands)
(f) Preferential ballot and ordinary ballot will be secret ballots. In previous elections it has been
Council’s practice to use the open voting method when necessary.
(g) Where the election is by ballot, the General Manager (or a person appointed by the General
Manager) shall, pursuant to Clause 1, Schedule 7 of the Local Government (General)
Regulation 2005, be the Returning Officer. The Ballot shall be conducted by the preparation,
marking and counting of the ballot papers in the presence of the Council; and it shall be
necessary to carry out all of the procedures of the secret ballot. Clause 5 of the Regulation
also provides:
“If the election proceeds by ordinary ballot, the returning officer is to decide the
manner in which votes are to be marked on the ballot papers.”
(h) Clause 6, Schedule 7 of the Regulation deals with an election involving 2 candidates and
provides:-
(1) If there are only 2 candidates, the candidate with the higher number of votes is elected.
(2) If there are only 2 candidates and they are tied, the one elected is to be chosen by lot.
Note: To choose a candidate by lot, the names of the candidates who have equal numbers are
written on similar slips of paper by the returning officer, the slips are folded by the returning
officer so as to prevent the names being seen, the slips are mixed and one is drawn at random
by the returning officer and the candidate whose name is on the drawn slip is chosen. (Clause
12, Schedule 7).
(i) Clause 7, Schedule 7 of the Regulation deals with an election involving 3 or more candidates
and provides:
Woollahra Municipal Council
Extraordinary Council Meeting Agenda 24 September 2018
Item No. 4.1 Page 11
Count – 3 or more candidates
7. (1) If there are 3 or more candidates, the one with the lowest number of votes is to be
excluded.
(2) If 3 or more candidates then remain, a further vote is to be taken of those
candidates and the one with the lowest number of votes from that further vote is to
be excluded.
(3) If, after that, 3 or more candidates still remain, the procedure set out in
subclause (2) is to be repeated until only 2 candidates remain.
(4) A further vote is to be taken of the two remaining candidates.
(5) Clause 6 of this Schedule then applies to the determination of the election as if the
2 remaining candidates had been the only candidates.
(6) If at any stage during a count under subclause (1) or (2), 2 or more candidates
are tied on the lowest number of votes, the one excluded is to be chosen by lot.
Part 3 – Preferential Ballot
Application of Part
8. This Part applies if the election proceeds by preferential ballot.
Ballot-papers and voting
9. (1) The ballot-papers are to contain the names of all of the candidates. The
councillors are to mark their votes by placing the numbers “1”, “2” and so on
against the various names so as to indicate the order of their preference for all of
the candidates.
(2) The formality of a ballot-paper under this Part is to be determined in accordance
with Clause 345 (1)(b) and (c) and (5) of this Regulation as if it were a ballot-
paper referred to in that clause.
(3) An informal ballot-paper must be rejected at the count.
Count
10. (1) If a candidate has an absolute majority of first preference votes, that candidate is
elected.
(2) If not, the candidate with the lowest number of first preference votes is excluded
and the votes on the unexhausted ballot-papers counted to him or her are
transferred to the candidates with second preferences on those ballot-papers.
(3) A candidate who then has an absolute majority of votes is elected, but, if no
candidate then has an absolute majority of votes, the process of excluding the
candidate who has the lowest number of votes and counting each of his or her
unexhausted ballot-papers to the candidates remaining in the election next in
order of the voter’s preference is repeated until one candidate has received an
absolute majority of votes. The latter is elected.
(4) In this clause “absolute majority” in relation to votes means a number which is
more than one-half of the number of unexhausted formal ballot-papers.
Woollahra Municipal Council
Extraordinary Council Meeting Agenda 24 September 2018
Item No. 4.1 Page 12
Tied Candidates
11. (1) If, on any count of votes, there are 2 candidates in, or remaining in, the election
and the number of votes cast for the 2 candidates are equal, the candidate whose
name is first chosen by lot is taken to have received an absolute majority of votes
and is therefore taken to be elected.
(2) If on any count of votes, there are 3 or more candidates in, or remaining in, the
election and the numbers of votes cast for 2 or more candidates are equal and
those candidates are the ones with the lowest number of votes on the count of
votes – the candidate whose name is first chosen by lot is taken to have the lowest
number of votes and is therefore excluded.
At the conclusion of the Ballot (if necessary) and the declaration of the result will be made.
Conclusion:
The Returning Officer will conduct the election of the Deputy Mayor in accordance with the
requirements of the Local Government Act 1993 and the Local Government (General) Regulation
2005 for the ensuing period of one year (i.e. September 2018 to September 2019).
Annexures
Nil
Woollahra Municipal Council
Extraordinary Council Meeting Agenda 24 September 2018
Item No. 4.2 Page 13
Item No: 4.2
Subject: APPOINTMENT OF COMMITTEES FOR THE NEXT TWELVE
(12) MONTHS
Author: Helen Tola, Manager - Governance & Council Support
Approver: Don Johnston, Director Corporate Services
File No: 18/120963
Reason for Report: To allow Council to appoint the members of the three (3) Standing
Committees for the next twelve (12) months.
Recommendation:
THAT the Council appoint Councillors to the membership of the Standing Committees for the next
twelve (12) months.
Background:
Woollahra Municipal Council has developed over a long period of time a Committee system to
transact the business of Council.
On 12 March 2018 Council resolved to adopt a revised Committee Structure effective from April
2018. As a result the Corporate & Works Committee (C&W), Community & Environment (C&E)
and Urban Planning (UP) Committee delegations were rescinded and no further meetings of
Committees were held. The Environmental Planning (EP) and Finance, Community & Services
(FC&S) Committees were formed.
Report:
The Council needs to appoint Councillors to each of its three (3) Standing Committees. This report
proposes the appointment of Councillors to each of the Council’s three (3) Standing Committees.
The current Standing Committees are:
Environmental Planning Committee (EP)
Finance, Community & Services Committee (FC&S)
Strategic and Corporate Committee (S&C)
A copy of the current membership is attached as Annexure 1.
Prior to appointing Councillors to the membership of each of the Committees, Councillors should
consider the following resolution (in part) adopted by Council on 14 March 2005:-
“That the number of Councillors on each Committee be considered at the Council Meeting in
September each year which determines the Committee membership.”
There is nothing preventing Council from appointing more or less than the suggested membership
of seven (7) Councillors to each Committee, however if say 5 or 6 members were allocated to one
particular Committee this may leave the Council vulnerable to not having a quorum on that
particular Committee at certain meetings if there are sufficient Councillors on leave of absence or
apologies to that particular Committee meeting.
Woollahra Municipal Council
Extraordinary Council Meeting Agenda 24 September 2018
Item No. 4.2 Page 14
Set out below is further details on each of the Standing Committees. Councillors should note that
the EP along with the FC&S Committee meet concurrently on a fortnightly basis (commencing
November 2018) on a Monday evening commencing at 6.00pm.
Appointment to Standing Committees
Environmental Planning Committee
Meets: 1st and 3rd Monday
Commences: 6.00pm
Suggested Membership: Mayor (ex-officio)
7 Councillors (not including the Mayor).
Finance, Community & Services Committee
Meets: 1st and 3rd Monday
Commences: 6.00pm
Suggested Membership: Mayor (ex-officio)
7 Councillors (not including the Mayor).
Strategic & Corporate Committee
Meets: As required
Commences: Depends on circumstances
Membership: Mayor (ex-officio)
All Councillors (15 including the Mayor).
Conclusion:
Council needs to determine the membership of each of its three (3) Standing Committees for a
period of twelve months from September 2018 to September 2019.
Annexures
1. Current Committee Membership ⇩
Annexure 1 Current Committee Membership Page 15
Woollahra Municipal Council
Extraordinary Council Meeting Agenda 24 September 2018
Item No. 4.3 Page 17
Item No: 4.3
Subject: CHAIRPERSON AND DEPUTY CHAIRPERSON OF STANDING
COMMITTEES
Author: Helen Tola, Manager - Governance & Council Support
Approver: Don Johnston, Director Corporate Services
File No: 18/120964
Reason for Report: To enable Council to determine which method is to be used to determine
the Chairperson and the Deputy Chairperson of the Standing Committees.
Recommendation:
THAT the Council determine the method of electing the Chairperson and the Deputy Chairperson
of each of the Council’s Standing Committees.
Background:
Clause 267 of the Local Government (General) Regulation 2005 (the Regulation) states, in part:-
1) The chairperson of each committee of the council must be:
a) the Mayor, or
b) if the Mayor does not wish to be the Chairperson of a Committee—a member of the
Committee elected by the Council, or
c) if the Council does not elect such a member—a member of the Committee elected by the
Committee.
2) A Council may elect a member of a Committee of the Council as Deputy Chairperson of the
Committee. If the Council does not elect a Deputy Chairperson of such a Committee, the
Committee may elect a Deputy Chairperson.
Report:
Recent practice has been that the Council as a whole has elected the Chairperson and Deputy
Chairperson of each Standing Committee. In the event of the Mayor not wishing to be the
Chairperson of any of the Standing Committees, the Council should determine how it wishes to
proceed with the necessary appointments.
Conclusion:
Council needs to determine how it wishes to elect the Chairperson and Deputy Chairperson of each
of its Standing Committees.
Annexures
Nil
Woollahra Municipal Council
Extraordinary Council Meeting Agenda 24 September 2018
Item No. 4.4 Page 19
Item No: 4.4
Subject: REPRESENTATION ON OTHER COMMITTEES AND
ORGANISATIONS
Author: Helen Tola, Manager - Governance & Council Support
Approver: Don Johnston, Director Corporate Services
File No: 18/120966
Reason for Report: To authorise the appointments to various other Committees and
Organisations.
Recommendation:
A. THAT the Mayor in consultation with the General Manager review the need for the appointment
to the other Committees and Organisations, having regard to the original purpose of the
organisations.
B. THAT subject to the outcome of the review conducted as part of the Recommendation above,
the Mayor exercise delegated authority to appoint the Councillor representatives to the other
Committees and Organisations.
Background:
It has been common practice for the Mayor of the day to appoint delegates and representatives to
the various external and internal committees, working parties and forums.
Many of these groups are “sunset” groups. When the reason for their formation is finalised the
group disbands. With this in mind it is proposed that the Mayor in consultation with the General
Manager reviews the requirement for some of the groups, prior to Councillors being appointed to
the other committees or working parties.
As part of the statutory requirements to review certain matters within twelve (12) months of an
election, Council’s Corporate and Works Committee considered a report on delegations of authority
to the Mayor and Deputy Mayor on 3 August 2009. The recommendation from the Corporate and
Works Committee was considered by the Council on 10 August 2009, where Council resolved to
include in the Mayor’s delegation the following additional authority:
“unless appointed by a resolution of Council, to appoint Councillor representatives to
working parties, task forces, community committees and other organisations and where
appropriate appoint the Chairperson of those working parties, task forces or community
committees”.
Report:
As a result of the 12 March 2018 Council resolution, the alignment of the Other Committees and
Organisations were aligned to the Environmental Planning Committee (EP) and the Finance,
Community & Services Committee (FC&S).
Woollahra Municipal Council
Extraordinary Council Meeting Agenda 24 September 2018
Item No. 4.4 Page 20
The current composition of the delegates/appointments to these groups is as follows:
Other Committees and Organisations
Environmental Planning (EP) related Sub Committees
COMMITTEE, ORGANISATION OR WORKING PARTY NAME MEMBERSHIP
Double Bay Working Party
As appointed by the Mayor. Currently: 4 Councillors
Paddington DCP Working Party 6 Councillors
Strategic Planning Working Party Mayor & 7 Councillors
Sydney Harbour Federation Trust Community Advisory Committee (CAC)
Mayor & 1 staff
Oxford Street Working Party As appointed by the Mayor.
Woollahra DCP Review Working Party As appointed by the Mayor
Finance, Community & Services (FC&S) related Sub Committees
COMMITTEE, ORGANISATION OR WORKING PARTY NAME MEMBERSHIP
Animal Advisory Committee
2 Councillors
Audit & Assurance Committee
1 Councillor
Citizenship Awards Committee 4 - 5 Councillors
Cultural Committee 2 Councillors (one as Chair)
Eastern Region Local Government Aboriginal & Torres Strait Islander Forum
1 - 2 Councillors
Ecological Sustainability Taskforce 5 Councillors with Chair appointed by the Mayor
Floodplain Risk Management Committee
3 Councillors (1 Chair and up to 2 more)
Property Assets Working Party Mayor & 4 Councillors
Public Art Panel Mayor and Chair of Cultural Committee or other Councillor as appointed by the Mayor.
Southern Sydney Regional Organisations of Councils (SSROC) - Ordinary
Mayor & 1 Councillor & Alternate
SSROC Standing Committee 1 – Asset management, public works, joint tendering, waste management and SSROC financial reports
1 Councillor
SSROC Standing Committee 2 - Regional planning matters, environmental management, transport plan & management, community development & road safety
1 Councillor
Sydney Coastal Councils Group 2 Councillors
Yarranabbe Park Plan of Management Steering Committee
4 Councillors
Youth Services Forum 2 Councillors
Woollahra Community Safety Committee
2 Councillors
Woollahra Small Sculpture Prize Committee
2 Councillors
Woollahra Plaques Advisory Committee Mayor or delegate + 1 Councillor
Woollahra Cultural Day Steering Committee
Appointed by Mayor
Woollahra Local Traffic Committee NSW Police, Roads and Maritime Services (RMS), State Member of Parliament (for the location of the issue to be voted upon) and Woollahra Council
Woollahra Municipal Council
Extraordinary Council Meeting Agenda 24 September 2018
Item No. 4.4 Page 21
Conclusion:
It is recommended that the Mayor in consultation with the General Manager review the need for the
appointment to the other Committees and Organisations, having regard to the original purpose of the
organisations and the Mayor to exercise delegated authority to appoint the Councillor representatives
to the other Committee and Organisations above mentioned for the ensuing period.
Annexures
Nil
Woollahra Municipal Council
Extraordinary Council Meeting Agenda 24 September 2018
Item No. 4.5 Page 23
Item No: 4.5
Subject:
DELEGATIONS OF AUTHORITY TO THE MAYOR AND
DEPUTY MAYOR, THE GENERAL MANAGER AND STANDING
COMMITTEES
Authors: Helen Tola, Manager - Governance & Council Support
Don Johnston, Director Corporate Services
Approver: Gary James, General Manager
File No: 18/121245
Reason for Report: To recommend the delegations of authority to be provided to the Mayor
and Deputy Mayor, the General Manager and Standing Committees.
Recommendation:
Council herby resolves that:
A. Delegations to the Mayor and Deputy Mayor contained in Annexure 2 be adopted in
accordance with this report.
B. Delegations and authorities for the Finance, Works & Services Committee, the Environmental
Planning Committee and the Strategic & Corporate Committee contained in Annexure 3 be
reaffirmed in accordance with this report.
C. Delegations to the General Manager contained in Annexure 4 be adopted in accordance with
this report.
Background:
Section 377 of the Local Government Act 1993 allows the Council to delegate its functions to the
Mayor and Deputy Mayor, Standing Committees and the General Manager while also prescribing
those matters that the Council cannot delegate. A copy of Section 377 is attached at Annexure 1.
The delegation of functions and authorities by the Council are regarded as procedural in nature to
facilitate and give effect to the operations of the Council.
The Local Government Act also requires that Council carry out a review of all of its delegations
within 12 months of each local government election. In this respect, Council on 25 September 2017
reviewed the delegations of the Mayor and Deputy Mayor and the delegations and authorities of
Council’s Standing Committees. Subsequently, Council on 12 March 2018 resolved to consolidate
Standing Committees into two new Committees of Finance, Community & Services and
Environmental Planning. The delegations and authorities of the previous Standing Committees were
reaffirmed as part of the new committee structure
Council also resolved on 12 March 2018 to rescind all previous delegations for the determination of
development and related applications and replaced those delegations with the following delegation
to the General Manager:
Woollahra Municipal Council
Extraordinary Council Meeting Agenda 24 September 2018
Item No. 4.5 Page 24
“Delegates to the General Manager powers under section 4.8(2)(b) of the Environmental
Planning and Assessment Act 1979 to determine all development and related applications
under the Environmental Planning and Assessment Act that are not required to be determined
by the Sydney Eastern City Planning Panel or the Woollahra Local Planning Panel.”
This report reviews the delegations of the Mayor and Deputy Mayor, and the General Manager. The
report seeks to reaffirm the delegations and authorities of the new Standing Committees of Finance,
Community & Services and Environmental Planning and the Strategic & Corporate Committee.
A. Delegations to the Mayor and Deputy Mayor
The role of the Mayor as set out in Section 226 of the Local Government Act 1993 is as follows:
to be the leader of the council and a leader in the local community,
to advance community cohesion and promote civic awareness,
to be the principal member and spokesperson of the governing body, including representing
the views of the council as to its local priorities,
to exercise, in cases of necessity, the policy-making functions of the governing body of the
council between meetings of the council,
to preside at meetings of the council,
to ensure that meetings of the council are conducted efficiently, effectively and in accordance
with this Act,
to ensure the timely development and adoption of the strategic plans, programs and policies of
the council,
to promote the effective and consistent implementation of the strategic plans, programs and
policies of the council,
to promote partnerships between the council and key stakeholders,
to advise, consult with and provide strategic direction to the general manager in relation to the
implementation of the strategic plans and policies of the council,
in conjunction with the general manager, to ensure adequate opportunities and mechanisms
for engagement between the council and the local community,
to carry out the civic and ceremonial functions of the mayoral office,
to represent the council on regional organisations and at inter-governmental forums at
regional, State and Commonwealth level,
in consultation with the councillors, to lead performance appraisals of the general manager,
to exercise any other functions of the council that the council determines.
The role of the Deputy Mayor as set out in Section 231(3) of the Local Government Act 1993 is as
follows:
The deputy mayor may exercise any function of the mayor at the request of the mayor or if the
mayor is prevented by illness, absence or otherwise from exercising the function or if there is
a casual vacancy in the office of the mayor.
The delegations listed in Annexure 2 to this report provide specific details as to the exercise of the
function of the Mayor and Deputy Mayor, so as to give effect to Sections 226 and 231(3) of the
Local Government Act 1993.
Woollahra Municipal Council
Extraordinary Council Meeting Agenda 24 September 2018
Item No. 4.5 Page 25
Following the Minister for Planning’s direction issued on 26 February 2018, Council itself and the
former Development Control Committee are no longer determining development applications.
Accordingly, the following authorisations have been removed from the Mayor’s delegations of
authority:
To authorise, in conjunction with the General Manager and Chairperson of the Development
Control Committee, on recommendation of the appropriate Staff Officer of the Council, the
resisting of any appeal to the Land and Environment Court, against a decision of the Council
in respect of a development related application.
To consent, where Court determined constraints prevent reporting to the Development
Control Committee before the hearing, in consultation with the General Manager, to the
entering into of consent orders where Council’s solicitors have recommended consent orders
be entered into, subject to satisfactory conditions, arrangements as to costs where appropriate
and all parties including the parties who made submissions be advised of the decision.
The Mayor’s delegated authority has been amended accordingly.
B. Delegations to Standing Committees
This Council over many years has developed a set of delegations to Committees which incorporate
safeguards that allow decision making to occur efficiently while enabling Councillors to be
effectively involved in key decisions.
This delegation and safeguards system allows the Standing Committees to determine matters under
delegation or requires the matter to be referred to full Council (the safeguards) with a Committee
recommendation if that recommendation contains a substantive change to the original
recommendation on the business paper.
At its meeting of 12 March 2018, Council resolved that the delegations and authorities for the
former Corporate & Works Committee, the Urban Planning Committee, the Community
Environment Committee be incorporated into delegations and authorities for the new Finance,
Community & Services Committee and the Environmental Planning Committee as appropriate.
Annexure 3 sets out the revised delegations and authorities for the Finance, Community & Services
Committee and the Environmental Planning Committee, as well as the authorities to apply to the
Strategic & Corporate Committee.
C. Delegations to the General Manager
The purpose of delegations from the Council to the General Manager is to facilitate and give effect
to the day-to-day operations of the Council. The delegations do not conflict with the decision-
making powers of the Council and the operations of the Standing Committees. The delegations are
exercised in conjunction with the functions of the General Manager as outlined under Section 355
of the Local Government Act, as follows:
“Section 335 - Functions of general manager
The general manager of a council has the following functions:
to conduct the day-to-day management of the council in accordance with the strategic plans,
programs, strategies and policies of the council,
Woollahra Municipal Council
Extraordinary Council Meeting Agenda 24 September 2018
Item No. 4.5 Page 26
to implement, without undue delay, lawful decisions of the council,
to advise the mayor and the governing body on the development and implementation of the
strategic plans, programs, strategies and policies of the council,
to advise the mayor and the governing body on the appropriate form of community
consultation on the strategic plans, programs, strategies and policies of the council and other
matters related to the council,
to prepare, in consultation with the mayor and the governing body, the council’s community
strategic plan, community engagement strategy, resourcing strategy, delivery program,
operational plan and annual report,
to ensure that the mayor and other councillors are given timely information and advice and the
administrative and professional support necessary to effectively discharge their functions,
to exercise any of the functions of the council that are delegated by the council to the general
manager,
to appoint staff in accordance with the organisation structure determined under this Chapter
and the resources approved by the council,
to direct and dismiss staff,
to implement the council’s workforce management strategy,
any other functions that are conferred or imposed on the general manager by or under this or
any other Act.”
The proposed delegations of the General Manager are provided in Annexure 4. The General
Manager’s delegations were adopted by the Council on 11 June 2013, and amended on 12 March
2018 in conjunction with the changes in determining development and related applications.
Comment was recently sought from Lindsay Taylor Lawyers on the currency of specific delegations
of the General Manager. The recommended delegations as outlined in Annexure 4 are consistent
with the Local Government Act.
The following specific matters are brought to the Council attention:
Acceptance of Tenders Section 377 of the Local Government Act 1993 was amended on 1 October 2016 to allow general
managers to approve all tenders except those tenders where the objective is to obtain services
currently provided by Council staff. The amendment recognises that tenders are operational matters
and accordingly, should be dealt with as a function of the General Manager. The amendment does
not change the regulatory requirements that need to be applied by the Council in calling expressions
of interest and tenders under the Local Government (General) Regulation 2005.
Provision of Financial Assistance Sections 377(1)(q) of the Act does not allow Council to delegate a decision under Section 356 to
contribute money or otherwise grant financial assistance to persons. However, the granting of
financial assistance can be delegated where the granting of financial assistance is part of a Council
program that is included in the Council’s Operational Plan and applies uniformly throughout the
Council area. In exceptional circumstances the General Manager has dealt with matters involving
financial assistance but this does not impact on Council and the Committee meeting processes to
provide an important mechanism for members of the community and other stakeholders (including
grants applicants) to provide meaningful and direct feedback to Councillors.
Woollahra Municipal Council
Extraordinary Council Meeting Agenda 24 September 2018
Item No. 4.5 Page 27
Delegations Conferred by others There are also additional delegations (refer to Section “Delegations Conferred by Others” in
Annexure 3) that allow Council staff to take specific action under Acts other than the Local
Government Act. It is recommended that these additional delegations to the General Manager be
reaffirmed.
Conclusion:
This report is provided so that Councillors can resolve the delegations and authority that are to be
provided to the Mayor and Deputy Mayor of Council, the Council’s Standing Committees and those
to the General Manager of the Council.
Annexures
1. Section 371 of the Local Government Act 1993 ⇩
2. Mayor and Deputy Mayor Delegations ⇩
3. Delegations and Authorities for Standing Committees ⇩
4. General Manager Delegations ⇩
Woollahra Municipal Council
Extraordinary Council Meeting Agenda 24 September 2018
Annexure 1 Section 371 of the Local Government Act 1993 Page 28
Woollahra Municipal Council
Extraordinary Council Meeting Agenda 24 September 2018
Annexure 1 Section 371 of the Local Government Act 1993 Page 29
Woollahra Municipal Council
Extraordinary Council Meeting Agenda 24 September 2018
Annexure 2 Mayor and Deputy Mayor Delegations Page 30
Woollahra Municipal Council
Extraordinary Council Meeting Agenda 24 September 2018
Annexure 2 Mayor and Deputy Mayor Delegations Page 31
Woollahra Municipal Council
Extraordinary Council Meeting Agenda 24 September 2018
Annexure 3 Delegations and Authorities for Standing Committees Page 32
Woollahra Municipal Council
Extraordinary Council Meeting Agenda 24 September 2018
Annexure 3 Delegations and Authorities for Standing Committees Page 33
Woollahra Municipal Council
Extraordinary Council Meeting Agenda 24 September 2018
Annexure 3 Delegations and Authorities for Standing Committees Page 34
Woollahra Municipal Council
Extraordinary Council Meeting Agenda 24 September 2018
Annexure 3 Delegations and Authorities for Standing Committees Page 35
Woollahra Municipal Council
Extraordinary Council Meeting Agenda 24 September 2018
Annexure 4 General Manager Delegations Page 36
Woollahra Municipal Council
Extraordinary Council Meeting Agenda 24 September 2018
Annexure 4 General Manager Delegations Page 37
Woollahra Municipal Council
Extraordinary Council Meeting Agenda 24 September 2018
Page 39
Political Donations: Matters to be considered by Councillors at Council and/or Committee Meetings
Action
Participate in debate and
vote on the matter.
Did the applicant, owner (if
not the applicant) or
someone close to the
applicant make a donation
in excess of $1,000 that
directly benefited your
election campaign?
(Code of Conduct Cl 4.21).
Staff to record decision process
(motions/amendments) and
Division of votes for the determinative
resolution or recommendation in the
meeting minutes.
No
Yes
Action
Consider appropriate action required.
This could include limiting involvement by:
1. participating in discussion
but not in decision making (vote),
2. participating in
decision making (vote)
but not in the discussion
3. not participating in the discussion
or decision making (vote)
4. removing the source of the conflict.
Action
Declare a significant non-pecuniary conflict
of interest, absent yourself from the meeting
and take no further part in the debate or
vote on the matter
(Code of Conduct Cl 4.16(b)).
No
Matter before
Council and/or Committee Meeting
Action
Declare a significant non-pecuniary conflict
of interest, absent yourself from the meeting
and take no further part in the debate or
vote on the matter
(Code of Conduct Cl 4.16(b)).
Yes
Did the applicant or
someone close to the
applicant make a donation
less than $1,000 that
directly benefited your
election campaign?
(Code of Conduct Cl 4.2).
Do you believe the political
contribution creates a
significant non-pecuniary
conflict of interest for you?
(Code of Conduct Cl 4.23).
Yes Yes
No No
Is the matter before the
meeting a Planning Matter?
Staff to record decision process
(motions/amendments) and
Division of votes for the determinative
resolution or recommendation in the
meeting minutes.
or