BUSINESS PAPER
Statutory/Post Election Meeting
Wednesday 16 May 2012
Roma Administration Centre
NOTICE OF MEETING
Date: 11 May 2012
Mayor: Councillor Elect R S Loughnan
Councillors: Councillor Elect J L Chambers
Councillor Elect R J Denton
Councillor Elect P J Flynn
Councillor Elect W M Newman
Councillor Elect C J O’Neil
Councillor Elect M L Price
Councillor Elect D J Schefe
Councillor Elect W S Wason
Chief Executive Officer: Paul Bawden
Please find attached agenda for the Statutory/Post Election Meeting to be held at the Roma Administration Centre on May 16, 2012 at 9.00am
Paul Bawden
Chief Executive Officer
Maranoa Regional Council
Statutory/ Post Election Meeting - 16 May 2012
TABLE OF CONTENTS
Item Subject
No
1 Welcome
2 Apologies
3 Business
3.1 Declaration of Poll
Prepared by: Paul Bawden, Chief Executive Officer
Attachment : Notice of Result of Election 2012
3.2 Administration of Declaration of Office to the Mayor and Eight (8) Councillors
Prepared by: Paul Bawden, Chief Executive Officer
3.3 Appointment of Deputy Mayor
Prepared by: Paul Bawden, Chief Executive Officer
3.4 Setting of Meeting Dates and Times
Prepared by: Paul Bawden, Chief Executive Officer
3.5 Persons Enrolled on Electoral Role who failed to vote in the 2012 Local Government Quadrenial Election
Prepared by: Paul Bawden, Chief Executive Officer
3.6 Elected Member Legal Costs and Insurance cover
Prepared by: Paul Bawden, Chief Executive Officer
Attachment 1: Certificate of Currency - Jardine Lloyd Thompson Pty Ltd
Attachment 2: Certificate of Currency - AON
3.7 Election of Local Government Association of Queensland (LGAQ) Executive District Representatives
Prepared by: Paul Bawden, Chief Executive Officer
3.8 Councillor Remuneration
Prepared by: Paul Bawden, Chief Executive Officer
3.9 Councillor Participation in Superannuation
Prepared by: Donald Wells, Manager Human Resources
Closure
Officer Report
Meeting: Statutory/Post Election Election Meeting 16 May 2012 |
Date: 8 May 2012 |
Item Number: 3.1 |
File Number: D12/12684 |
Subject Heading: Declaration of Poll
Classification: Open Access
Name of Applicant: Not applicable
Location: Not applicable
Author & Officer’s Title: Paul Bawden, Chief Executive Officer
Executive Summary: It is customary that Council considers the Returning Officer’s Report on the outcome of the Local Government Election. |
That Council receive and note the Declaration of Poll report as presented.
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Body of Report:
The 2012 Local Government quadrennial elections were held on Saturday 28 April 2012.
The Electoral Commission of Queensland (ECQ) conducted the election as an independent and impartial body.
Voting for Maranoa Regional Council area was conducted exclusively by postal ballot. Postal votes were required to be completed before 6.00pm on Election Day and received by the Returning Officer before 6.00pm Tuesday 8 May 2012.
Maranoa Regional Council is an “Undivided” local government area and as such utilises the “First Past the Post” voting system. The successful candidates are those who received the highest number of votes for the number of positions to be filled. For the Maranoa local government area the Council is made up of 1 Mayor and 8 Councillors.
The attached report produced by the Returning Officer details the outcome of the 2012 Local Government quadrennial election results for Maranoa Regional Council.
Consultation (internal/external):
Returning Officer – Queensland Electoral Commission
Risk Assessment (Legal, Financial, Political etc.):
The 2012 Local Government quadrennial elections were conducted by ECQ as an independent and impartial body, thereby eliminating any perceived political influence for Council’s in election outcomes.
Policy Implications:
Nil
Financial Resource Implications:
Approximately $80,000 for the 2012/13 financial year.
Link to Corporate Plan:
Corporate Plan 2009-2013 — 8.1.1(a) To undertake all governance functions and activities in a professional manner promoting corporate ethics and integrity and informed decision making practices so as foster an operating environment advocating fairness, equity and consistency.
Supporting Documentation:
1View |
Notice of Result of Election 2012 |
D12/12905 |
Officer Report
Meeting: Statutory/Post Election Meeting 16 May 2012 |
Date: 8 May 2012 |
Item Number: 3.2 |
File Number: D12/12707 |
Subject Heading: Administration of Declaration of Office to the Mayor and Eight (8) Councillors
Classification: Open Access
Name of Applicant: Not applicable
Location: Maranoa Regional Council area
Author & Officer’s Title: Paul Bawden, Chief Executive Officer
Executive Summary: As prescribed under Section 169 of the 2009 Local Government Act the Mayor and Councillors elect must undertake a declaration of office prior to commencing duties of office. |
That Council receives and notes the report on Administration of Declaration of Office to the Mayor and Eight Councillors as presented.
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Body of Report:
Under Section 169 of the Local Government Act 2009 it states that the Mayor and each Councillor must individually make a Declaration of Office, specifically the following references under Section 169 apply:-
1. A Councillor must not act in office until the Councillor makes the declaration of office.
2. The declaration of office is a declaration prescribed under a regulation.
3. The Chief Executive Officer is authorised to take the declaration of office.
4. The Chief Executive Officer must keep a record of the taking of the declaration of office.
Section 50 of the Local Government (Operations) Regulation 2010 further prescribes that each Councillor must declare that they will faithfully and impartially fulfil the duties of office, in accordance with the local government principles under the Local Government Act 2009, to the best of their judgement and ability.
Consultation (internal/external):
Relevant Acts and Regulations
Risk Assessment (Legal, Financial, Political etc.):
If Declaration not undertaken as prescribed applicable legal and financial penalties may apply.
Policy Implications:
Local Government Act 2009
Local Government (Operations) Regulation 2010
Financial Resource Implications:
Nil
Link to Corporate Plan:
Corporate Plan 2009-2013 — 8.1.1(a) To undertake all governance functions and activities in a professional manner promoting corporate ethics and integrity and informed decision making practices so as foster an operating environment advocating fairness, equity and consistency.
Supporting Documentation:
Nil
Officer Report
Meeting: Statutory/Post Election Meeting 16 May 2012 |
Date: 9 May 2012 |
Item Number: 3.3 |
File Number: D12/12894 |
Subject Heading: Appointment of Deputy Mayor
Classification: Open Access
Name of Applicant: Not Applicable
Location: Maranoa Regional Council area
Author & Officer’s Title: Paul Bawden, Chief Executive Officer
Executive Summary: As prescribed under Section 175 of the Local Government Act 2009, a local government must, at its first meeting after the conclusion of the quadrennial election appoint a Deputy Mayor.
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That the Mayor, Cr. Robert Loughnan call for nominations from Councillors’ for the position of Deputy Mayor for Maranoa Regional Council; and
That a vote be taken by Council to resolve selection of the position of Deputy Mayor.
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Body of Report:
Under Section 175 (2) of the Local Government Act 2009, the local government must, by resolution, appoint a Deputy Mayor from its Councillors at the Statutory/Post Election Meeting after a quadrennial election.
Whilst the Mayor is elected by the electors of the Local government area, the Deputy Mayor is not a publicly elected position. It is important to note that the appointment unlike that of the Mayor is not necessarily for the entire term of Council. The office can be declared vacant, and a new Deputy Mayor appointed, at any time, subject to all Councillors being given 14 days notice of the intention to move a resolution vacating the office.
The Deputy Mayor acts in the office and performs the role of Mayor during a vacancy in the office of Mayor or the temporary incapacity of the Mayor. If a vacancy of both the Mayor and Deputy Mayor occurs temporarily due to absenteeism or incapacity at one time, the remaining Councillors, by resolution, may appoint a Councillor as acting Mayor. This appointment continues only while the circumstances which gave rise to it continue.
The act does not prescribe how the appointment of Deputy Mayor is to take place and in the absence of statutory guidance, Council must take the position that the Act’s standard provisions requiring decisions be made by a majority vote apply, and in line with Section 175 of the act the result must be achieved by a formal resolution of Council in an open session to the public.
Consultation (internal/external):
Relevant Acts and supporting procedural documentation
Risk Assessment (Legal, Financial, Political etc.):
If appointment of the Deputy Mayor is not undertaken as prescribed applicable legal and financial penalties may apply.
Policy Implications:
Local Government Act 2009
Financial Resource Implications:
Nil
Link to Corporate Plan:
Corporate Plan 2009-2013 — 8.1.1(a) To undertake all governance functions and activities in a professional manner promoting corporate ethics and integrity and informed decision making practices so as foster an operating environment advocating fairness, equity and consistency.
Supporting Documentation:
Nil
Officer Report
Meeting: Statutory/Post Election Meeting 16 May 2012 |
Date: 10 May 2012 |
Item Number: 3.4 |
File Number: D12/13131 |
Subject Heading: Setting of Meeting Dates and Times
Classification: Open Access
Name of Applicant: Not Applicable
Location: Not Applicable
Author & Officer’s Title: Paul Bawden, Chief Executive Officer
Executive Summary: This report has been prepared to enable Council to consider the day and time for holding Council Meetings.
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That Council approves the following actions:-
a) The General (Ordinary) meetings be held on the second and fourth Wednesday of the month, commencing at 9.00am;
b) The General Meetings be held at Council’s Roma Administration Centre;
c) That Council review alternative meeting models at a future Workshop of Council.
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Body of Report:
Section (52) of the Local government (Operations) Regulation 2010, states:-
(1) “The matters a local government must consider at a post-election meeting include the day and time for holding other meetings.”
Section 53 further details the frequency of meetings and states:-
“A local government must meet at least –
(a) For a region, city or town – once in each month”
General Meetings (Ordinary)
Prior to the 2012 local government quadrennial election Council has held its ordinary meetings on the second and fourth Wednesday of each month commencing at 9.00am. These meetings were held on a rotational basis around the region with the first meeting of the month in Roma, and the second meeting of the month rotated around the region to outlying areas of – Mitchell, Surat, Injune and Yuleba.
In view of the upcoming election, the 2012 General Meeting schedule has been completed and advertised for dates and rotations as detailed above until the second meeting of the month in June 2012, thereby giving Council an opportunity to consider future rotations and meeting models for recommended implementation at the commencement of the 2012/13 financial year, July 1.
Proposal
It is proposed that Council continue with the current frequency of General meetings, and that these be held on the second and fourth Wednesday of the month, commencing at 9.00am until the final meeting currently scheduled on 27 June 2012.
Council may wish to consider hosting the remainder of the current scheduled meetings at Council’s Roma Administration Centre, being central to Elected Member and staff locations across the region, rationalising travel distances and times to meetings. Whilst it is understood that rotating General Meetings across the region in the past was initially set in order to cater for Councillor access and presence in the outlying areas – general public attendance has been minimal and it is recommended Council consider an alternate forum for engaging with members of the community in planned a “Community Forums” style model across the region.
Councillor Workshops
Council Workshops have generally be held on the first and third Wednesday of each month, after Council Meetings or on an “As needs” basis and it is recommended this practice continue to allow Councillors an opportunity to utilise these sessions for discussion on key items, location inspections across the region and education needs as identified.
Committee Meetings
The Local Government Act provides legislative direction in relation to Council Committees and their corresponding meetings. A brief overview of the legal requirements is provided below:-
a) Standing Committee – is a committee constituted to deal with a particular area of the Council on an ongoing basis e.g. Finance and Works etc. Standing Committees exist indefinitely.
b) Special Committee – is a committee constituted to deal with a particular project or issue. Special Committees are ordinarily dissolved once they have completed their specific task.
c) Advisory Committee – is a committee appointed by Council which includes Councillors and persons who are not Councillors to advise Council on particular issues.
Whilst the former Council has no current Standing or Special Committees’ in place, it has a number of formed Advisory Committees.
Proposal
It is proposed that Council at a future Workshop further consider the models of Standing and Special Committee’s in line with alternative models such as Councillor Portfolio’s.
It is also proposed that Council review existing Advisory Committee’s and representation at a future Workshop with the intention to confirm appointments as soon as possible.
Consultation (internal/external):
Local government (Operations) Regulation 2010
Mayor Elect
Risk Assessment (Legal, Financial, Political etc.):
Council’s Obligations met as prescribed under the relevant Acts and Regulations.
Policy Implications:
Nil
Financial Resource Implications:
Meeting rotations are currently budgeted and resourced.
Link to Corporate Plan:
Corporate Plan 2009-2013 — 8.1.1(a) To undertake all governance functions and activities in a professional manner promoting corporate ethics and integrity and informed decision making practices so as foster an operating environment advocating fairness, equity and consistency.
Supporting Documentation:
Nil
Officer Report
Meeting: Statutory/Post Election Meeting 16 May 2012 |
Date: 10 May 2012 |
Item Number: 3.5 |
File Number: D12/13100 |
Subject Heading: Persons Enrolled on Electoral Role who failed to vote in the 2012 Local Government Quadrenial Election
Classification: Open Access
Name of Applicant: Not Applicable
Location: Not Applicable
Author & Officer’s Title: Paul Bawden, Chief Executive Officer
Executive Summary: This report advises Council of the actions the Electoral Commission (ECQ) may take in determining action against those persons enrolled on the Electoral Role, however failed to vote.
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That Council receive and note the officer’s report on persons who failed to vote in the 2012 Local Government Quadrennial Election as presented.
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Body of Report:
The Queensland Electoral Commission under the Local Government Electoral Act 2011 has jurisdiction over determinations on enforcing applicable penalties for those persons who are enrolled on the Electoral Role, however fail to vote.
This being the case Council has no responsibilities or financial implications in enforcing penalties for electors who have failed to vote.
Consultation (internal/external):
Local Government Electoral Act 2011
Local Government Act 2009
Risk Assessment (Legal, Financial, Political etc.):
Council could be perceived by members of the public to hold some responsibility in determinations made by ECQ in enforcing penalties.
Policy Implications:
Nil
Financial Resource Implications:
Nil
Link to Corporate Plan:
Corporate Plan 2009-2013 — 8.1.1(a) To undertake all governance functions and activities in a professional manner promoting corporate ethics and integrity and informed decision making practices so as foster an operating environment advocating fairness, equity and consistency.
Supporting Documentation:
Nil
Officer Report
Meeting: Statutory/Post Election Meeting 16 May 2012 |
Date: 10 May 2012 |
Item Number: 3.6 |
File Number: D12/13081 |
Subject Heading: Elected Member Legal Costs and Insurance cover
Classification: Open Access
Name of Applicant: Not Applicable
Location: Not Applicable
Author & Officer’s Title: Paul Bawden, Chief Executive Officer
Executive Summary: Under legislation Maranoa Regional Council provides cover for Councillors under their insurance policies when Councillors are discharging their civic duties.
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That Council receives and notes the attached Certificates of Currency that covers Councillors for public liability, professional indemnity and Councillor’s liability arising out of, or in connection with, the Councillor’s performance of his/her civic duties.
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Body of Report:
The attached Certificates of Currency provide Councillors public liability, professional indemnity and Councillors liability whilst engaging in civic duties, and are provided for information purposes. Should the need arise for lodgement of a claim under either of the policies, responsiveness of the policy would be considered on a ‘case by case’ basis in line with defined coverage.
The key difference between the policies is that one is activated by an event during normal business hours (Jardine Lloyd Thompson Pty. Ltd) and the other activated by an event outside business hours (Aon).
Consultation (internal/external):
Director Corporate Services
Risk Assessment (Legal, Financial, Political etc.):
Legal and Financial implications would apply to Elected Members in the instance that Council had not secured the attaching coverage. The policies do specify exclusions under coverage.
Policy Implications:
Nil
Financial Resource Implications:
As per Policy Coverage
Link to Corporate Plan:
Corporate Plan 2009-2013 — 8.1.1(a) To undertake all governance functions and activities in a professional manner promoting corporate ethics and integrity and informed decision making practices so as foster an operating environment advocating fairness, equity and consistency.
Supporting Documentation:
1View |
Certificate of Currency - Jardine Lloyd Thompson Pty Ltd |
D12/13145 |
2View |
Certificate of Currency - AON |
S11/14299 |
Officer Report
Meeting: Statutory/Post Election Meeting 16 May 2012 |
Date: 10 May 2012 |
Item Number: 3.7 |
File Number: D12/13069 |
Subject Heading: Election of Local Government Association of Queensland (LGAQ) Executive District Representatives
Classification: Open Access
Name of Applicant: Not Applicable
Location: Not Applicable
Author & Officer’s Title: Paul Bawden, Chief Executive Officer
Executive Summary: Correspondence has been received from LGAQ calling nominations for election of district Representatives to the Association’s Executive for the period 2012/16.
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That the letter is received and Council’s direction sought in relation to nominating a candidate for election.
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Body of Report:
Correspondence date 27 April, 2012 has been received advising that in accordance with Rule 37 of the Association’s Constitution and Rules, nominations are hereby called for the election of District Representatives to the Association’s Executive for the period 2012/2016.
Maranoa Regional Council forms part of District number 5 (South West), which also includes – Balonne, Bulloo, Murweh, Paroo and Quilpie. The Mayor has previously served in this position.
Nominations close at 5.00pm, Friday 1 June 2012.
Consultation (internal/external):
Supporting Documentation
Mayor Elect
Risk Assessment (Legal, Financial, Political etc.):
Politically selection as part of the Executive could be seen in a positive light due to networking opportunities in attending meetings and provide a forum for understanding and commenting upon key matters affecting local government.
Policy Implications:
Nil
Financial Resource Implications:
The successful candidate receives reimbursement of costs associated with meeting attendance.
Link to Corporate Plan:
Corporate Plan 2009-2013 — 8.1.1(b) To structure Council’s governance functions in a manner so as to allow effective and efficient utilisation of elected members time and resources to the benefit of the constituents which Council serves.
Supporting Documentation:
Nil
Officer Report
Meeting: Statutory/Post Election Meeting 16 May 2012 |
Date: 10 May 2012 |
Item Number: 3.8 |
File Number: D12/13130 |
Subject Heading: Councillor Remuneration
Classification: Open Access
Name of Applicant: Not Applicable
Location: Not Applicable
Author & Officer’s Title: Paul Bawden, Chief Executive Officer
Executive Summary: The purpose of this report is to advise Council of the Local Government Remuneration and Discipline Tribunal determination on remuneration to be paid in 2012 to Mayor, Deputy Mayor and Councillors.
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That Council receive and note the officer’s report on Councillor Remuneration as presented.
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Body of Report:
The Remuneration and Discipline Tribunal undertook a full review during 2011 of the categories of Council, thereby setting the remuneration scales for the Mayor, Deputy Mayor and Councillors.
Maranoa Regional Council is a Category 3 Council and as such the remuneration levels are set as follows:
Mayor 65% of reference rate $89,147
Deputy Mayor 37.5% of reference rate $51,431
Councillors 32.5% of reference rate $44,573
In addition an amalgamation loading is also payable comprising: Mayor $1,900, Deputy Mayor $1,150 and Councillors $950.
As a result of the tribunal review Council’s Remuneration Policy was also reviewed, amended and adopted at the General Meeting on 18 January, 2012. This policy can be provided upon request.
Consultation (internal/external):
Remuneration and Discipline Tribunal determination
Risk Assessment (Legal, Financial, Political etc.):
Council needs to follow the ruling of the Tribunal in providing remuneration to the Mayor, Deputy Mayor and Councillors
Policy Implications:
Nil
Financial Resource Implications:
The budget contains provision for Councillor remuneration.
Link to Corporate Plan:
Corporate Plan 2009-2013 — 8.1.1(a) To undertake all governance functions and activities in a professional manner promoting corporate ethics and integrity and informed decision making practices so as foster an operating environment advocating fairness, equity and consistency.
Supporting Documentation:
Nil
Officer Report
Meeting: Statutory/Post Election Meeting Meeting 16 May 2012 |
Date: 10 May 2012 |
Item Number: 3.9 |
File Number: D12/12971 |
Subject Heading: Councillor Participation in Superannuation
Classification: Open Access
Name of Applicant:
Location:
Author & Officer’s Title: Donald Wells, Manager Human Resources
Executive Summary: Councillors are not regarded as employees for taxation and superannuation purposes. This means a Council is generally not obliged to pay superannuation contributions for its Councillors or deduct income tax from Councillor Remuneration paid. This unique situation means Councillors are required to decide how Maranoa Regional Council should treat their status.
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That Councillors move the appropriate resolution(s) to determine their status for the purpose of Superannuation treatment.
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Body of Report:
Councillors are not regarded as employees for taxation and superannuation purposes. This means a Council is generally not obliged to pay superannuation contributions for its Councillors or deduct income tax from Councillor Remuneration paid. This unique situation means Councillors are required to decide how Maranoa Regional Council should treat their status.
Eligible Local Governing Body
A Council may resolve unanimously to be an ‘eligible local governing body’ under the Income Tax Assessment Act 1997 (the Tax Act). Such a resolution means that Councillors will be regarded as employees and Maranoa Regional Council is required to:
• pay the minimum superannuation guarantee contribution (i.e. 9% of ordinary time earnings); and
• deduct income tax at the appropriate rate.
Advice provided to LGSuper by the Australian Taxation Office (dated 13 August 2007) is, should a Council resolve unanimously to be an ‘eligible local governing body’ under the Tax Act, an individual Councillor may enter into an agreement with Maranoa Regional Council to salary sacrifice voluntary contributions.
In this situation such voluntary contributions are treated the same way as employer contributions, i.e. are taxed at 15% and count toward the concessional (before-tax) contributions cap.
Local Government Act 2009
If a Council does not resolve to be an eligible local governing body Council is not required to deduct income tax or pay a superannuation contribution. In this situation section 226 of the Local Government Act 2009 (the Act) prescribes the extent to which Councils are able to make superannuation contributions for Councillors.
Section 226 of the Act enables Councils to determine through Council resolution to offer contributory superannuation arrangements for its Councillors. Such a resolution enables individual Councillors, dependant on their financial circumstances, to decide whether or not to participate in the LGSuper Scheme.
Should an individual Councillor decide to participate in the LGSuper Scheme the Councillor is required to make a 6% contribution from their Remuneration and Council makes a 12% contribution on the Councillors behalf.
Councillors Consideration
Councillors need to consider first if Council should consider Elected Members as employees. Should this be the case Council should move a resolution similar to: “That Maranoa Regional Council be considered as an Eligible Local Governing Body under the Income Tax Assessment Act 1997.” The resolution must be unanimous meaning that all Elected Members must vote in favour of the resolution.
Alternatively, Councillors can resolve in the opposite i.e. “That Maranoa Regional Council not be considered as an Eligible Local Governing Body under the Income Tax Assessment Act 1997.”
With the above resolution Elected Members would also need to consider if individual Councillors can decide to participate in Council’s Superannuation Scheme. If this is in the affirmative, Council need to agree to a resolution to allow participation to occur i.e. “As per section 226 of the Local Government Act 2009 an individual Councillor can determine to participate in the Maranoa Regional Council superannuation scheme.” Again this resolution must be unanimous i.e. all Elected Members must vote in favour of the resolution.
Consultation (internal/external):
LGSuper
Risk Assessment (Legal, Financial, Political etc.):
Nil
Policy Implications:
Nil
Financial Resource Implications:
The costs of superannuation are anticipated in the budget.
Link to Corporate Plan:
Corporate Plan 2009-2013 — 8.1.1(b) To structure Council’s governance functions in a manner so as to allow effective and efficient utilisation of elected members time and resources to the benefit of the constituents which Council serves.
Supporting Documentation:
Nil
Report authorised by: