Agenda of Extraordinary Council Meeting

Extraordinary Council Meeting Agenda

8 October 2024

Governing Body

Composition: Ten (10) Councillors

Membership: Councillor N Westcott, Councillor MA Applebee, Councillor W Jayet, Councillor KM McGrath, Councillor G Wilson, Councillor G Pratt, Councillor L O'Leary, Councillor DP Pout, Councillor MS Scherer, Councillor JP Paddison

Quorum: 6 Councillors

Chairperson:

Deputy Chairperson:

Pursuant to section 223 of the Local Government Act 1993, the role of Parkes Shire Council's governing body is:

To direct and control the affairs of Parkes Shire Council in accordance with the Local Government Act 1993, in consultation with the General Manager.

To provide effective civic leadership to the local community.

To ensure as far as practicable the financial sustainability of the Council.

To ensure as far as practicable that the Council acts in accordance with the principles set out in Chapter 3 of the Local Government Act 1993 and other strategic plans, programs, strategies and policies of the Council.

To determine and adopt a rating and revenue policy and Operational Plans that support the optimal allocation of the Council’s resources to implement the strategic plans (including the Community Strategic Plan) of the Council and for the benefit of the local area.

To keep under review the performance of the Council, including service delivery.

To make decisions necessary for the proper exercise of the Council’s regulatory functions.

To determine the process for appointment of the General Manager by the Council and to monitor the General Manager’s performance.

To determine the senior staff positions within the organisation structure of the Council, following consultation with the General Manager.

To consult regularly with community organisations and other key stakeholders and keep them informed of the Council’s decisions and activities.

To be responsible for ensuring that the Council acts honestly, efficiently and appropriately.

Matters determined by meetings of Parkes Shire Council's governing body will include all those non-delegable functions identified in section 377 of the Local Government Act 1993.

Extraordinary Council Meeting Agenda

8 October 2024

Guiding Principles

In accordance with section 8A of the Local Government Act 1993, Councillors are reminded of the guiding principles applicable to decision-making by local councils:

Councils should recognise diverse local community needs and interests.

Councils should consider social justice principles.

Councils should consider the long-term and cumulative effects of actions on future generations.

Councils should consider the principles of ecologically sustainable development.

Council decision-making should be transparent and decision-makers are to be accountable for decisions and omissions.

Statement of Ethical Obligations

In accordance with clause 3.22 of Council's Code of Meeting Practice, Councillors are reminded of their Oath or Affirmation of Office made under section 233A of the Act and their obligations under Council's Code of Conduct to disclose and appropriately manage conflicts of interest.

Oath or Affirmation of Office

The Oath or Affirmation is taken by each Councillor whereby they swear or declare to undertake the duties of the office of Councillor in the best interests of the people of the Parkes Shire and Parkes Shire Council and that they will faithfully and impartially carry out the functions, powers, authorities and discretions vested in them under the Local Government Act 1993 or any other Act to the best of their ability and judgment.

Conflicts of Interest

All Councillors must declare and manage any conflicts of interest they may have in matters being considered at Council meetings in accordance with the Council’s Code of Conduct. All declarations of conflicts of interest and how the conflict of interest was managed will be recorded in the minutes of the meeting at which the declaration was made.

Councillors attending a meeting by audio-visual link must declare and manage any conflicts of interest they may have in matters being considered at the meeting in accordance with Council’s Code of Conduct. Where a Councillor has declared a pecuniary or significant non-pecuniary conflict of interest in a matter being discussed at the meeting, the Councillor’s audio-visual link to the meeting will be suspended or terminated for the time during which the matter is being considered or discussed by Council, or at any time during which Council is voting on the matter.

Councillors should ensure that they are familiar with Parts 4 and 5 of Council's Code of Conduct in relation to their obligations to declare and manage conflicts of interests.

Extraordinary Council Meeting Minutes

7 May 2024

3 Prayer

4 Apologies and Applications for a Leave of Absence

In accordance with clauses 5.3, 5.4 and 5.5 of Council's Code of Meeting Practice, apologies must be received and accepted from absent Councillors and a leave of absence from the Council Meeting may be granted.

5 Applications to Attend by Audio-Visual Link

In accordance with clauses 5.18 and 5.19 of Council's Code of Meeting Practice, Councillors may attend and participate in meetings by audio-visual link with the approval of the Council.

Requests by Councillors for approval to attend a meeting by audio-visual link must be made in writing to the General Manager prior to the meeting in question and provide reasons why the Councillor will be presented from attending the meeting in person.

Councillors attending a meeting by audio-visual link are reminded that they must ensure that no other person is within sight or hearing of the meeting at any time that the meeting is closed to the public under section 10A of the Local Government Act 1993.

Note: Consistent with clause 5.43 of Council's Code of Meeting Practice, attendance by Council staff at meetings of the Council by audio-visual link shall be with the approval of the General Manager.

6 Councillors Oath or Affirmation of Office

Under the Local Government Act 1993 Councillors are required to take an oath or make an affirmation of office, to be entitled to participate in Council meetings.

Accordingly, Councillors will be asked to individually either take the Oath of Office or make an Affirmation of Office, as outlined below.

Oath,

I [name of councillor] swear that I will undertake the duties of the office of councillor in the best interests of the people of the Parkes Shire Council area and the Parkes Shire Council and that I will faithfully and impartially carry out the functions, powers, authorities and discretions vested in me under the Local Government Act 1993 or any other Act to the best of my ability and judgment.

Affirmation

I [name of councillor] solemnly and sincerely declare and affirm that I will undertake the duties of the office of councillor in the best interests of the people of the Parkes Shire council area and the Parkes Shire Council and that I will faithfully and impartially carry out the functions, powers, authorities and discretions vested in me under the Local Government Act 1993 or any other Act to the best of my ability and judgment.

Upon taking the Oath or the making of an Affirmation of Office, each Councillor will immediately sign the Oath or Affirmation in the presence of their fellow Councillors, the General Manager and the gallery. The General Manager will counter sign the Oath/Affirmation and retain, so they may be copied for the Councils records. The original documents will be returned to Councillors at a subsequent meeting of Council.

Extraordinary Council Meeting Agenda

8 October 2024

7 Disclosures of Interests

In accordance with Part 16 of Council's Code of Meeting Practice, all Councillors must disclose and manage any conflicts of interest they may have in matters being considered at the meeting.

Council's Code of Conduct deals with pecuniary and non-pecuniary conflicts of interest and political donations, and provides guidance on how these issues should be managed.

Councillors, and where applicable, other Council Officials, must be familiar with Council's Code of Conduct and their obligations to disclose and manage any conflicts of interest that they may have in matters being considered at this Council Meeting.

Note: Councillors and staff who declare an Interest at the Council Meeting are also required to complete a Declaration of Interest form.

Obligations
Pecuniary Interests	A Councillor who has a pecuniary interest in any matter with which the Council is concerned, and who is present at a meeting of the Council at which the matter is being considered, must disclose the nature of the interest to the meeting. The Councillor must not be present at, or in sight of, the meeting: (a) At any time during which the matter is being considered or discussed, or (b) At any time during which the Council is voting on any question in relation to the matter.
Non-Pecuniary Conflicts of Interest	A Councillor who has a non-pecuniary conflict of interest in a matter, must disclose the relevant private interest in relation to the matter fully and on each occasion on which the non-pecuniary conflict of interest arises in relation to the matter.
Significant Non-Pecuniary Conflicts of Interest	A Councillor who has a significant non-pecuniary conflict of interest in relation to a matter under consideration at a Council meeting, must manage the conflict of interest as if they had a pecuniary interest in the matter.
Less than Significant Non-Pecuniary Interests	A Councillor who determines that they have a non-pecuniary conflict of interest in a matter that is not significant and does not require further action, when disclosing the interest must also explain why conflict of interest is not significant and does not require further action in the circumstances.

Extraordinary Council Meeting Agenda

8 October 2024

10 Reports of the General Manager

10.1 Election of Mayor and Deputy Mayor - 2024

IP&R Linkage: Pillar: Leadership

Goal: Our local government is open, accountable, and representative.

Strategy: Provide open and transparent decision-making and undertake the civic duties of Council with professionalism and integrity.

Author: Anthony McGrath, Director Customer, Corporate Services and Economy

Authoriser: Kent Boyd PSM, General Manager

Annexures: A. Office of Local Government Election of Mayor and Deputy Mayor by Councillors Fact Sheet ⇩

0BRecommendation

That Council:

1. Note the information on the process for the election of Mayor and Deputy Mayor to be held at the 8 October 2024 Extraordinary Council meeting.

2. Elect a Deputy Mayor for the same term as the Mayor.

3. Adopt the Ordinary Ballot system of voting if an election is required for the position of Mayor or Deputy Mayor.

4. Record the names of the successful candidates for Mayor and Deputy Mayor in the minutes for this meeting

Background

The Local Government Act provides that when a Mayor is not (popularly) elected by voters at a general election, Councils are to elect a Mayor from their number on a bi-annual basis in the month of September (Section 290). Councils may also elect a Deputy Mayor from their number for the same or lesser term as the Mayor (Section 231). The Deputy Mayor may exercise any functions of the Mayor at the request of the Mayor or if the Mayor is prevented by illness, absence or otherwise from exercising the functions of his/her Office. It is customary to elect a Deputy Mayor who is appointed for the same term as the Mayor.

ISSUES AND COMMENTARY

The election of the Mayor and Deputy Mayor for the period from 8 October 2024 through to the September 2026 Ordinary Council Meeting (two (2) year term), will take place at the extraordinary meeting of Parkes Shire Council scheduled for Tuesday 8 October 2024.

A summary of the election procedure is listed below for the information of Councillors. This information is detailed in the Office of Local Government's "Fact Sheet - Election of Mayor and Deputy Mayor" ("Fact Sheet") included as Annexure A. The Fact Sheet provides more details of the process and includes an extract of Schedule 7 of the Local Government (General) Regulation 2005.

Summary of Election Process

Prior to Election

· A nomination for the Office of Mayor or Deputy Mayor is to be made in writing by two or more Councillors (one of whom may be the nominee). The nomination is not valid unless the nominee has indicated consent to the nomination in writing. To assist Councillors nomination requisite forms are attached to this report at Annexure B and will be distributed at this meeting.

· The General Manager or a person appointed by the General Manager is the Returning Officer. The General Manager has appointed Anthony McGrath Director Customer, Corporate Services and Economy as the Returning Officer for this election. Nominations are to be delivered or sent to the Returning Officer prior to the commencement of the 8 October 2024 extraordinary council meeting.

Election Day

The General Manager will take the Chair for the meeting and will hand over to the Returning Officer to conduct the election at the appropriate time. If any procedural matters are required with reference to Council’s Code of Meeting Practice (such as the need for a short adjournment etc) during the election process, the General Manager will carry out those requirements “From the Chair”.

The Election

· The Returning Officer will call for further nominations without notice. If a nomination without notice is made, it must be accepted in writing by the nominee to be valid. The nomination is to be given to the Returning Officer. Additional Nomination forms will be on hand at the meeting if required.

· If no further nominations without notice are received, the Returning Officer will read out the nominations received.

· If only one Councillor is nominated, that Councillor is elected. If more than one Councillor is nominated, the Council resolution relating to the method of voting will apply. The Council will have resolved whether the election is to proceed by:

a) Preferential Ballot

b) Ordinary Ballot

c) Open Voting (show of hands)

· Councillors can participate in mayoral elections using an open voting method by audio visual link but not if either of the other two methods of election are used. That is, if the council elects to conduct the election by either of the secrete methods, those on audio-visual links will not be able to participate in the election.

· Ordinary and preferential ballots are secret ballots and Councillors will need to attend the meeting in person to vote if using either of these methods.

· If the method is by preferential or ordinary ballot, it shall be by secret vote. Traditionally Council has adopted the ordinary ballot process for elections. For a detailed explanation of the different methods of voting, please refer to the Fact Sheet at Annexure A.

Under the ordinary ballot System, the election is carried out as follows:

· The Returning Officer is to decide the way votes are to be marked on the ballot-papers. If the ordinary ballot system is chosen, Councillors are asked to carefully read and follow the instructions on the ballot paper to avoid informality.

· If there are only two candidates, the candidate with the higher number of votes is elected.

· If there are three or more candidates, the one with the lowest number of votes is to be excluded. (The legislation attempts to bring the vote back to a contest between two candidates. Thus, the requirement is to exclude the candidate with the lowest number of votes If there are three or more candidates).

· If after the first exclusion three 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. If, after that, three or more candidates remain, separate ballots continue until only two candidates remain.

· When only two candidates remain, election of the candidate is in accordance with the procedure mentioned above for two candidates.

· If at any stage during a count where there are three or more candidates and two (or more) candidates are tied on the lowest number of votes, the one excluded is to be chosen by lot.

For a detailed explanation of preferential voting, refer Annexure A.

The formality of a ballot paper under this provision is to be determined in accordance with the Regulation. As mentioned above Councillors are requested to carefully read the instructions on any ballot paper to avoid the chance of informality. If a vote is declared informal by the Returning Officer, it is set aside and cannot be used in the count.

At any stage that a ballot is required, ballot papers will be prepared and distributed to Councillors for marking:

· Upon completion of marking of the ballot papers by Councillors, the ballot papers will be collected on behalf of the Returning Officer and the votes will be counted.

· When the ballot or ballots, as required pursuant to the provisions of the Regulation, have been completed and a result obtained, the Returning Officer will announce the results to the meeting.

The Returning Officer’s declaration finalises the election for the position.

Tied Candidates

· If, on any count of votes, there are two candidates in, or remaining in, the election and the numbers of votes cast for the two 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.

· If, on any count of votes, there are three or more candidates in, or remaining in, the election and the numbers of votes cast for two or more candidates are equal and those candidates are the ones with the lowest number of votes on the count of the votes the candidate whose name is first chosen by lot is taken to have the lowest number of votes and is therefore excluded.

Choosing by lot

To choose a candidate by lot, the names of the candidates who have equal numbers of votes are written on similar slips of paper by the Returning Officer, the slips are folded 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.

Election of Deputy Mayor

· The nomination and election of the Deputy Mayor is carried out in the same manner as the nomination and election of the Mayor.

Legislative and Policy Context

The NSW local government Acts and Regulations that are applicable to the election process are as follows:

Local Government Act, 1993 Section 290 Provision for Election of Mayor

Local Government Act, 1993 Section 231 Provision to elect a Deputy Mayor

Local Government General Regulation 2005 (Schedule 7) Procedure to Elect

Local Government (General Regulation) 2005 Clause 394 Power to elect

Financial Implications

There are no financial implications for Council associated with this Report.

Risk Implications

Following the process as described in this report ensures that Council meets its compliance requirements under the Local Government Act.

Community Consultation

There are no community consultation requirements for Council associated with the Report.

Conclusion

The election of the Mayor and Deput Mayor will take place at the Ordinary Meeting of Council to be held on 8 October 2024. This report outlines the election method and process, and recommends that Council choose a method of voting, should an election for the position of Mayor or Deputy Mayor be required.

Extraordinary Council Meeting Agenda

8 October 2024

11 Reports of the Director Customer, Corporate Services and Economy

11.1 Use of a Countback to Fill a Casual Councillor Vacancy

IP&R Linkage: Pillar: Leadership

Goal: Our local government is contemporary, effective and efficient.

Strategy: Ensure compliance with statutory requirements and ensure Parkes Shire Council’s operations are supported by good corporate governance and effective risk management.

Author: Nikki Bevan, Acting Manager Governance, Risk and Corporate Performance

Authoriser: Anthony McGrath, Director Customer, Corporate Services and Economy

Annexures: A. Countback Information Sheet - NSW Electoral Commission ⇩

Recommendation

That Council:

1. Pursuant to section 291A(1)(b) of the Local Government Act 1993, declare that casual vacancies occurring in the office of a councillor within 18 months after the last ordinary election of councillors for the Council on 14 September 2024, are to be filled by a countback of votes cast at that election for the office in accordance with section 291A of the Act and directs the General Manager to notify the Electoral Commissioner for NSW of Council's decision within 7 days of this decision.

Background

Councils have the option of using a countback of votes cast at the last ordinary election to fill casual vacancies occurring in the offices of councillors in the first 18 months after the election.

This will allow Councils to use a countback to fill vacancies at a lower cost than the cost of holding a by-election.

To exercise the option of using a countback to fill casual vacancies occurring in the first 18 months following the election, Councils must resolve, at their first meeting after the election, to use a countback to fill casual vacancies.

If Councils do not resolve this at the first meeting after the election, they will be required to fill casual vacancies through a by-election.

ISSUES AND COMMENTARY

The NSW Electoral Commission Countback Information Sheet, appended as Annexure A, describes the countback process.

A countback election is used to elect a councillor to fill a casual vacancy, where the vacating councillor was elected under the proportional representation method (i.e. where two or more candidates were elected at a local government (ordinary) election). If there are multiple vacancies, a separate countback election is held for each vacancy.

A countback election has no impact on sitting councillors.

Potential candidates are those unelected from the ordinary election. The returning officer contacts all unelected candidates who may still be eligible to be elected. Interested candidates must submit a formal application.

Any candidates that do not apply to participate in the countback election (non-participating) cannot be elected.

If there are no eligible candidates, an attendance by-election must be held. If there is only one eligible candidate, that candidate is elected. If there are multiple eligible candidates, a countback election is conducted.

How a Countback works

The countback election will be run using the same ballot papers from the last ordinary election.

In the ordinary election, the preferences shown on every ballot paper are entered into a data file. This data file is used in the Proportional Representation Count Computer (PRCC) to run the countback election.

During the countback election for each ballot paper on which the vacating councillor received a preference, that preference is allocated to the candidate with the next highest preference on that ballot paper.

For ballot papers with groups, if the first candidate in a group is vacating their seat, the Above The Line preference for that group would be allocated to the second candidate in that group.

For Below the Line voting, for each ballot paper with a preference for the vacating councillor, that preference would be allocated to the candidate with the next highest preference.

When a countback election is conducted, the first “elected” candidate, that is not a sitting councillor, is the candidate elected as the new councillor.

If a non-participating candidate (a candidate who did not apply) is elected, their status is changed to “ineligible” and the countback is run again. The preferences for this ineligible candidate will be reallocated accordingly. This process will continue until an eligible candidate is elected.

Candidates and council representatives can attend the countback via a Teams link or alternatively can attend in person. The newly elected councillor(s) and the council are notified of the result.

Casual Vacancy after 18 Months

Note that should a casual vacancy occur after 18 months then a by-election must be held, unless the vacancy occurs within 18 months of the next ordinary election in September 2028. In this case, the council may receive ministerial approval to leave the position vacant until that next election.

Legislative and Policy Context

Section 291A(1) (a) & (b) of the Local Government Act 1993 provides for the use of a countback to fill a casual vacancy within 18 months of the election, provided that the council resolves to do so at the first meeting after the election.

Countback elections are described in Schedule 9A of the Local Government (General) Regulation 2021.

Financial Implications

The cost of running a countback over the previous ballot papers from the last election is significantly less than the cost of running a by-election to fill a casual vacancy. For Parkes Shire, a full by election would cost more than $100k, whereas a countback is estimated at $6,000 to $10,000.

Risk Implications

Council will potentially avoid a financial risk associated with the cost of running a full by-election to fill a casual vacancy.

Community Consultation

There are no community consultation requirements for Council associated with this report.

Extraordinary Council Meeting Agenda

8 October 2024

11.2 2024 Local Government Election Results for Parkes Shire Councillors and Declaration of the Poll

IP&R Linkage: Pillar: Leadership

Goal: Our local government is open, accountable, and representative.

Strategy: Provide open and transparent decision-making and undertake the civic duties of Council with professionalism and integrity.

Author: Nikki Bevan, Acting Manager Governance, Risk and Corporate Performance

Authoriser: Anthony McGrath, Director Customer, Corporate Services and Economy

Annexures: A. Parkes - First Preference Group and Candidate Votes by Aggregated Vote Type ⇩

B. Declaration of Councillor Poll - Parkes Shire ⇩

Recommendation

That Council:

1. Notes the official results of the election for councillors held on 14th September 2024 as published on the NSW Electoral Commission website on 30 September 2024.

Background

There are 128 local government councils in NSW. Each council represents a local government area. The NSW Electoral Commission conducted elections for 126 councils on Saturday, 14 September 2024. Voting is compulsory at all NSW local government elections except for council polls. The election saw a total of 10,575 residential and non-residential electors enrolled, with 9,056 votes cast. The election was conducted using a proportional representation counting system, and 10 councillors were elected from a pool of 32 candidates.

ISSUES AND COMMENTARY

NSW Electoral Commission has officially advised Council (see Annexure B) that the poll for the election of 10 councillors during the Parkes Shire local government election, which was held on 14 September 2024, has been declared. The results of the election were published on their website at Parkes - Councillor Election results (nsw.gov.au). The people of Parkes Shire will now have three new councillors along with seven returning councillors to represent them over the next four-year team. The councillors in order of total preferential votes received when the candidate was elected are:

1. Cr Neil Westcott

2. Cr Glenn Wilson

3. Cr Marg Applebee

4. Cr Bill Jayet

5. Cr Louise O'Leary

6. Cr Douglas Pout

7. Cr Kenny McGrath

8. Cr Joy Paddison

9. Cr Matthew Scherer

10. Cr George Pratt

The website also contains various reports including general statistics, candidates elected, first preference counts including by polling place, distribution of preferences, etc.

Annexure A "Parkes - First Preference Group and Candidate Votes by Aggregated Vote Type". Provides a detailed list of the results for each of the candidates.

Below are some reports from the website.

General Statistics

Candidates in Sequence of Election

Legislative and Policy Context

Local Government Act 1993

Local Government (General) Regulation 2021

Electoral Funding Act 2018 and Electoral Funding Registration 2018

Financial Implications

Parkes Shire Council contracted the Electoral Commission of NSW to conduct an ordinary election for 10 councillors. The overall costs will be more than $100k.

Risk Implications

There are no major risks considerations associated with this report.

Community Consultation

A public notice about the declaration of the poll was posted on Council's web site.