Agenda of Ordinary Council

Ordinary Council	28 April 2008

REGULATORY

ITEM NUMBER 5.1

SUBJECT Site Meeting Process

REFERENCE F2004/08629 - D00917709

REPORT OF Manager Development Services; Service Manager Development Assessment

PURPOSE:

To provide Councillors within a 6 month review of the implementation of the site meeting process that commenced in October 2007, and to recommend some changes and enhancements to the existing process.

RECOMMENDATION

(a) That site meetings be held for the following types of applications:

· Development applications where 10 or more submissions have been received.

· Masterplan applications.

· Development applications which seek demolition of a heritage item.

For applications that do not meet the above criteria, site meetings can be arranged at the request of the Ward Councillors and at the request of staff where it is considered that there is merit in arranging a site meeting, the reasons of which must be provided.

(b) That a minimum of two Councillors be in attendance to enable an on-site meeting to be held.

(c) That all Councillors, relevant staff, persons who made a submission (both objecting and support) and the applicant be invited to attend the site meeting.

(d) That the Development Support Team Leader - Development Assessment Services schedule on-site meeting through the corporate diary and attached a summary report of the proposal with each invitation and that acceptance of attendance by Councillors be provided within 3 working days. Residents and applicants will not be advised of the site meeting until attendance at the site meeting is confirmed by at least 2 Councillors.

(e) That on-site meetings be arranged for 4.30pm on Tuesday or Thursday and

Saturday mornings.

(f) That a strict protocol for the chairing of on-site meetings be developed.

(g) That Council’s notification letter advises attendees of the purpose of the meeting and the level of behaviour expected.

(h) That all residents attending the on-site meeting provide their details on the day and that this information be recorded by Council

(i) That Council staff provide a summary report of the development proposal for

the on-site meeting.

(j) That a review of the revised operating procedures for onsite meetings be carried out 6 months from commencement of operation and a further report be prepared for Council’s consideration.

BACKGROUND

Council at its meeting of 25 June 2007 considered a report which sought to establish a formal site meeting process for development applications and Masterplan applications. At the meeting it was resolved that on-site meetings be held for certain types of applications.

In addition to this Council resolved that operational matters relating to site meetings (including what stages should site meetings be held; who is to be invited to attend site meetings; and what days and times site meetings are to be held) be prescribed in an operating procedure manual.

The site meeting process as adopted by Council on 25 June 2007 commenced operation in October 2007.

A Notice of Motion relating to the on-site meeting process was put forward by Councillor Worthington at the Council meeting of 25 March 2008. The Notice of Motion proposed identified that the adopted on-site meeting process could be improved.

A response to the Notice of Motion was tabled at the Council meeting of 25 March 2008. The Notice of Motion was deferred to enable staff to prepare a report for Council’s consideration on the implementation of the site meeting process.

REPORT

The parliamentary nature of Council meetings does not lend itself to objectors being heard at Council meetings. For this reason Council has decided that in some cases site meetings should be held prior to the determination of an application to provide Councillors with an opportunity to listen to matters raised by both objectors and applicants.

Council in June 2007 agreed to the circumstances in which site meetings would be held and the time they should be held. A review of the adopted process was to take place 12 months from the date of commencement (ie October 2008), however it is considered appropriate for a 6 month review to be conducted.

To date, this procedure has highlighted the following areas of concern:

· an excessive number of meetings, many of which were for development proposals that were of little if any interest to residents (as evidenced by resident attendance) and raised no particular concern among Councillors.

· the ‘triggers’ for on-site meetings being too broad and this has lead to significant delays and complaints by applicants forced to wait for the next available time.

· the current timetable for site meetings has caused problems for Councillors and staff in terms of availability to attend.

· many of the on-site meetings have been compromised by issues raised by residents that were not related to the development proposal.

· Councillors and staff have been verbally abused and intimidated at on-site meetings.

· An inherent risk of undue pressures (perceived or otherwise) being brought to bare on development assessment staff prior to their assessment of the development proposal.

Large Number of Applications Requiring On-site Meetings

The following applications currently require an on-site meeting:

· Development applications for Childcare Centres where one or more submissions are received

· Section 82a reviews of determination

· Development applications which seek demolition of a heritage item

· All development applications where five or more submissions are received

· Masterplan applications

Since the commencement of the on-site meeting process in October 2007 a total of 70 on site meetings have been held using the above criteria including:

· 9 for s82a applications;

· 8 for Child Care Centre DAs;

· 3 for applications which sought to demolish heritage items; and

· 50 for all other development applications.

It is obvious that the ‘triggers’ which necessitate an on-site meeting are broad and have resulted in a significant number of meetings being held over the last 6 months. It is noted that there is no discretion for Council not to hold a meeting once required in accordance with the Council Resolution. Similarly, there is no discretion for staff to recommend dispensing with an on-site meeting where it is apparent that one is not required.

There are widely differing views on the question ‘when is it appropriate to have a site meeting’ and there is no right answer to the question. However, it is clear that the ‘triggers’ which have been established are perhaps too broad and have resulted in timing, budget, staffing and availability issues for Councillors.

Whilst setting a threshold for the number of submissions that triggers a site meeting is not always a reliable way of predicting which applications require a site meeting due to public interest in the application, it is considered that the current threshold of 5 is too limited and that the number should increase to 10 or more. The trigger for child care centres to have site meetings if only 1 submission is received is also considered too broad, as is the requirement for all section 82A reviews to have a site meeting.

It is noted that the number of on-site meetings held in the last 6 months (70) is nearly double the number of site inspections that were held in a 12 month period between April 2006 and April 2007 (42).

Given the number of applications requiring on-site meetings under the current criteria, significant delays have occurred in scheduling an available meeting date. This has lead to extended time frames for the determination of applications. Delays have often range from 4 to 8 weeks.

To address this issue the following changes are recommended:

1. That site meetings be held for the following types of applications:

· Development applications where 10 or more submissions have been received.

· Masterplan applications.

· Development applications which seek demolition of a heritage item.

2. For applications that do not meet the above criteria, site meetings can be arranged at the request of the Ward Councillors and at the request of staff where it is considered that there is merit in arranging a site meeting, the reasons of which must be provided.

3. That a minimum of two Councillors be in attendance to enable an on-site meeting to be held.

Site Inspection Schedule

The Council Resolution of 25 June 2007 sets out the days and times on which on-site meeting can be held.

· Tuesday and Thursday evenings at 6pm and Saturday mornings during daylight saving period;

· 2 Saturdays per month outside of daylight saving period.

This schedule has created problems, generated numerous complaints from Councillors and formed the basis for the Notice of Motion put by Councillor Worthington at the March 25 Council Meeting.

In particular, there have been on-going issues of availability of Councillors and Council staff to attend meetings. It is noted that to date there have been 8 on-site meetings where no Councillors have been available to attend the scheduled meetings due to other work or personal commitments. The absence of Councillors at these meetings has been met by disappointment by the community

Likewise, Council staff have ongoing family and private commitments which limits their availability for after hour site meetings. It is noted that it is normal for up to four on-site meetings to be held on Saturdays and that this means that Council staff are required for the whole day as subsequent meeting notes are required to be prepared. Due to the limited number of staff who are available to work after hours and on weekends the burden falls on a small number of staff (mainly team leaders and managers) to share responsibility of attending the large number of site meetings.

There is a very real concern that the current timetable compromises the staff work-life balance, which is an espoused value of Parramatta City Council. It is noted that these senior officers are already routinely working in excess of their contract hours to meet deadlines and manage workloads and that weekend work extends their work week to 6 days. There are also significant wage costs associated with after hours employment. It is estimated that the cost of each site meeting including administration costs is approximately $300 per inspection. If the number of inspections were to continue at the current rate over a 12 month period the overall cost of running the on-site meetings would be approximately $50,000 per annum.

There are challenges in arranging site meetings to suit the needs of staff, Councillors, applicants and residents. For this reason it is suggested that some flexibility in meeting times needs to be made. It is suggested that the current schedule for on-site meetings be changed by allowing on-site meetings to be held at 4.30 pm on weekday evenings (except Monday & Wednesdays which are days where there are council workshops and meetings and Fridays) and on Saturday mornings if required. If advance notice of these meetings is given it will allow members of the public who have a genuine and relevant interest in the development proposal to make arrangements to attend the meetings and will also ensure all relevant staff can attend, such as traffic engineers and the development assessment officers.

To address these issues the following changes are recommended:

1. That the Development Support Team Leader - Development Assessment Services schedule on-site meeting through the corporate diary and attached a summary report of the proposal with each invitation and that acceptance of attendance by Councillors be provided within 3 working days. Residents and applicants will not be advised of the site meeting until attendance at the site meeting is confirmed by at least 2 Councillors.

2. That on-site meetings be arranged for 4.30pm on Tuesday or Thursday and Saturday mornings.

Inappropriate behaviour at site meetings

Both Councillors and Council staff have provided feedback on numerous occasions that they have been verbally abused at on-site meetings and on several occasions felt physically intimidated by residents. On one particular occasion, a Councillor was verbally abused and had to leave the meeting. That event sparked media interest. Council staff have also been the subject of unfounded and unwarranted allegations of corruption by residents who often do not agree with planning decisions.

Unfortunately, inappropriate behaviour on the part of residents is not always isolated and some individuals utilise the on-site meeting process to raise issues unrelated to the proposed development. These issues are often raised vociferously and Councillor and staff efforts to explain the absence of a nexus between their concerns and the subject development application are often met with contempt.

On-site meetings are scheduled prior to assessment of the development proposal by Council staff. This means that at the time of a site meeting, Council officers have not fully assessed the proposal against the relevant legislation and Council controls and are yet to form an objective opinion and recommendation in respect of the development.

This creates a risk that the assessing officer may be placed under inappropriate pressure and/or perceived to be under some form of duress as a result of the site meeting and thereby, to have their professional opinion inappropriately influenced.

The Independent Commission Against Corruption (ICAC) actively encourages avoidance of procedures of potential risk. It is in the best interest of Council to consider procedures that may have a degree of perceived or actual risk and to weigh this against benefits afforded by the procedure.

To appropriately manage these risks the following is recommended:

1. That a strict protocol for the chairing of on-site meetings be developed.

2. That Council’s notification letter advises attendees of the purpose of the meeting and the level of behaviour expected.

3. That all residents attending the on-site meeting provide their details on the day and that this information be recorded by Council

4. That Council staff provide a summary report of the development proposal for the on-site meeting.

Louise Kerr

Manager Development Services

17 April 2008

Attachments:

1View	Site Meeting Process Report from 25 June 2007 Council Meeting	5 Pages
2View	Resolution of Site Meeting Process Report from 25 June 2007	1 Page

REFERENCE MATERIAL

Ordinary Council	28 April 2008

REGULATORY

ITEM NUMBER 5.2

SUBJECT McCoy Park, 26 Mimosa Avenue, Toongabbie
Lots 17-20 in DP 8408, Part Portion 144 and Lot A in DP 29128 (Caroline Chisholm)

DESCRIPTION Erection of 4 floodlight towers and use of park for sports training seven days a week until 10.00pm.

REFERENCE DA/490/2007 - Submitted 28 June 2007

APPLICANT/S Parramatta City Council

OWNERS Parramatta City Council

REPORT OF Manager Development Services

PURPOSE:

To determine Development Application No. 490/2007 that seeks approval to erect 4 floodlight towers and the associated use of the park for sports training and operation of the floodlights till 10pm, seven days a week.

The application has been assessed by an independent consultant town planner and referred to Council due to Council being the applicant and owner.

Council at its meeting on Monday, 14 April 2008 resolved:-

‘That consideration of this matter be deferred and in the meantime, Councillors be provided with a list of all persons notified in relation to the proposal.’

The information requested will be provided to all Councillors prior to the Council Meeting on Monday, 28 April 2008.

RECOMMENDATION

(a) That Council grant consent to Development Application No. 490/2007 subject to standard conditions and the following specific conditions.

Hours of Use

1. Sports training at the park shall cease by 9.00pm Monday to Saturday and by 8.00pm on Sundays and Public Holidays. The sports fields are not to be utilised for competition games under floodlighting.

Hours of Operation of Lighting

2. The floodlighting of the sports fields is to be turned off by no later than 9.00pm Monday to Saturday and by 8.00pm on Sundays and Public Holidays. The floodlighting is not to be used during daylight. The floodlighting is not to be turned on unless the sports fields are intended to be used that same day and is to be switched off as soon as the use is completed.

The lights are to be turned on by an automatic timing system controlled by Council staff, with lights turned off by users or Council staff and an automatic timing system is to be installed preventing use beyond the approved hours of use.

Car Parking

3. The car parking area accessed off McCoy Street is to be open and available for use by users of the park at all times of operation of the floodlighting.

Complaints Handling Procedure

4. A complaints handling procedure is to be prepared and provided to Council for approval prior to the first use of the floodlighting. The complaints handling procedure is to detail the process for handling complaints related to the extended hours of use of the park under floodlighting, including but not limited to nuisance from lighting, noise and patron behaviour. Details are to include:

4.1 a manned contact phone number for complaints;

4.2 specified timeframes for response to complaints;

4.3 appropriate methods of response (i.e. written or verbal); and

4.4 measures that may be used in response to complaints (such as the number of warnings given to organizations against which numerous complaints are received and likely penalties including banning use by the organization and/or limitations on the hours of use by such organisations).

4.5 A copy of the complaints handling procedure is to be provided to all organisations using the park under floodlighting. A letter summarizing the procedure and providing the contact number is to be sent to all residents notified of the development application prior to the commencement of the use of the park under floodlighting.

Flood Proofing the Lighting Tower Equipment

5. All electrical wiring and accessories related to the lighting poles are to be provided above 28.15m AHD. All underground cable/duck or similar are to be flood proofed. Details are to be provided prior to the commencement of works.

Specification of Lighting

6. The flood lighting to be installed is to be in compliance with the lighting design and report detailed in the letter dated 6 February 2006 by Sylvania Lighting Australasia. Details are to be provided prior to the commencement of works.

PROPOSAL

1. The development application seeks approval for the erection of four 28m high floodlighting towers. Two towers are to be erected on the western side of the playing fields and two are proposed on the eastern side of the fields. Each pole is to support 3 x 2kw luminaries.

2. The lighting is proposed to extend the hours of use of the playing fields until 10pm seven days a week by sporting bodies and groups for training.

3. Additional information sought from the applicant indicates that the users will be different sporting organizations for training, but predominantly for soccer training.

4. It is advised that the lights are to be on a timing system controlled by Council remotely and that hirers will have access to turn off the lights only by using a sms message (if they are regular users), but otherwise the settings will be made by Council staff.

SITE & LOCALITY

5. The site is known as McCoy Park, 26 Mimosa Avenue, Toongabbie, being Lots 17-20 in DP 8408, Part Portion 144 and Lot A in DP 29128 and is located to the north of the residential area including Edna Avenue, Highland Avenue, Paris Place, Mimosa Avenue and Woodlawn Drive. The park has vehicular access from McCoy Street through a driveway to an unmarked parking area. Pedestrian access is also available from the end of McCoy Street, the end of Edna Avenue and via a walkway between dwellings at the end of Highland Avenue.

6. The portion of the park involved in the proposal is the western end, which contains the abovementioned driveway and parking area, child play equipment, a facilities building and two sports fields, which are currently setup for soccer, with goal posts at each end.

7. The park is only adjoined by residential properties on the southern side. In particular the sports fields are adjoined by dwellings in Paris Place, Highland Avenue and Edna Avenue, with the car park adjoining residents in Edna Avenue. The surrounding residential development contains a mix of one and two storey detached dwellings, which back onto the park.

STATUTORY CONTROLS

Parramatta Local Environmental Plan 2001

8. The site is zoned Public Open Space 6(a) under Parramatta Local Environmental Plan 2001. The existing sports fields and any ancillary works such as the proposed lighting are defined as a recreation facility under the definition section of the LEP and are permissible uses with the consent of Council. It is also noted that any development in accordance with a plan of management (POM) adopted under the Local Government Act 1993 is also permissible subject to consent. The relevant POM is addressed later in this report.

9. The proposed installation of floodlighting and extended hours of use of the park is consistent with the objectives of the zone, which include allowing for the use of land for open space and recreational purposes.

10. The site is located on flood prone land and as such the provisions of clause 21 apply, which require the consent authority not to grant consent to the carrying out of works if the proposal would:

10.1 be inconsistent with any Council interim flood policy, floodplain management policy, development control plan or floodplain management plan or the Floodplain Development Manual; or

10.2 detrimentally increase the potential flood impact on other development; or

10.3 result in a substantial increase in risk to life; or

10.4 result in additional economic/social cost which could not be reasonably managed; or

10.5 adversely affect the environment of the floodplain.

11. Comments provided by Council’s Infrastructure and Drainage Engineers, who indicated the proposal is satisfactory subject to wiring being appropriately located and treated. As such the proposal satisfies the requirements of clause 21.

12. The provisions of clause 46 apply to all development in the Public Open Space 6(a) zone. Clause 46 requires that consent shall not be granted to development unless consideration has been made as to whether the development is consistent with any plan of management applying to the site. The relevant plan of management is addressed later in this report.

13. Further, clause 46 requires Council to take the following into consideration:

13.1 the need for the proposed development on that land,

14. The proposed lighting towers will allow for the extended use of the sports fields, increasing the usability of the fields and better providing for recreation opportunities in the area. The more efficient use of recreation facilities is needed given the increasing demand for such facilities in the area.

14.1 whether the impact of the proposed development will be detrimental to the existing or future use of the land,

15. The impact of the proposal will be to allow for more efficient and extended hours of use of the sports field, which is not detrimental to the existing and future use of the site for recreation purposes.

15.1 whether the proposed development will be secondary and complementary to the use of the land for recreation,

16. The proposed lighting towers are secondary and complementary to the use of the land for recreation, making the use more efficient by extending the hours during which the sports fields can be used.

16.1 whether the height and bulk of any proposed building or structure has regard to existing vegetation and topography,

17. The site is very flat and there is little vegetation in the vicinity of the sports fields. Whilst the lighting towers proposed are very high (ie 28m), they are very narrow and as such will not result in an unacceptable visual bulk or appearance.

17.1 in the case of public open space, whether the proposed development will significantly diminish public use and access to public open space,

18. The installation of lighting poles will increase the public use and access to the public open space by allowing for access and use for a longer period of time each day.

s18.1 whether the proposal is compatible with adjacent uses in relation to its height, bulk and noise generation and any other aspects that might conflict with surrounding land uses,

19. The narrow design of the lighting towers, despite their height, will ensure that there is minimal shadowing from the structures and their separation distance from the adjoining residential properties combined with their narrow design will ensure that shadow impacts are acceptable.

20. Another potential impact of the towers is intrusive light during the evening periods into the residential properties in Edna Avenue, Highland Avenue and Paris Place. A lighting diagram, prepared by Sylvania Lighting Australasia Pty Ltd indicates that the proposed lighting will comply with the relevant Australian Standard (AS 2560) in relation to the level of lighting at the nearby residential boundaries for pre-curfew hours until 10pm. Sylvania Lighting Australasia advise that pre-curfew hours are set by Council and as such would apply to the approved hours. Accordingly it is appropriate that the lighting not be used beyond the approved hours to ensure that the use of the lighting complies with the Australian Standard.

21. A further potential impact of the development upon the residential properties in Edna Avenue, Highland Avenue and Paris Place is loss of on-street parking in the evenings if the vehicular entrance to the car park from McCoy Street is not open for the extended hours of use. If the car park is closed it is likely that users of the sports fields will park in Edna Avenue, Highland Avenue and Paris Place as all of these streets give direct access to the sports fields. The use of these streets for parking by users of the sports fields would inappropriately impact on the amenity of those streets and as such a condition of consent is recommended requiring the vehicular access to the car park on the site to remain open for the duration of the use of the park under the floodlights.

22. A final potential impact of the development upon the residential properties in Edna Avenue, Highland Avenue and Paris Place is noise from the use of the sports fields and car park on the site. The extended hours of use proposed (to 10pm seven days a week) include times in which it is reasonable for the residents to expect to be able to quietly enjoy their homes.

23. Of particular concern is the use beyond 9pm on any evening or beyond 8pm on Sundays (being the day of the week on which noise is considered to be most intrusive). Given the potential for shouting, laughing and loud talking to occur due to the use of the sports fields and for noise from the use of the car park (shutting of doors, radio noise and noise from loud voices), it is considered likely that the amenity of the adjoining property owner’s will be disturbed during these extended hours. It is therefore recommended that a condition of consent limit use of the sports fields (and hence flood lighting) to no later than 9pm Mondays to Saturdays and 8pm on Sundays, with no floodlighting use in the mornings.

24. It is considered that subject to the imposition of the abovementioned conditions, the amenity of the adjoining residential area will be suitably protected.

24.1 whether the proposed development will impact on bushland and remnant bushland,

25. The site is used for sports fields and as such contains no bushland or remnant bushland on the portion of the site on which the lighting towers are proposed.

25.1 whether the proposed development will impact on stormwater flow.

26. The narrow design of the lighting towers is such that there would be minimal and acceptable impact on stormwater flow across the site.

Parramatta Development Control Plan 2005

27. The DCP identifies general principles of development that apply to all types of development, the relevant ones of which are addressed following.

28. Section 4.1.1 deals with views and vistas and the design principles require that development preserve views of significance and reinforce public view corridors. Whilst the proposed lighting towers are tall (ie 28m), their slim design ensures that views from the adjoining residential areas and streets of the park are not significantly affected.

29. Section 4.3.3 deals with acoustic amenity and the relevant design principle requires that non-residential development is not to adversely affect the amenity of adjacent residential development as a result of noise and hours of operation. This issue has been addressed in relation to the controls contained within LEP 2001 at paragraphs 22-23 and is satisfactory subject to the imposition of conditions limiting the hours of use of the sporting fields under floodlights.

30. Section 4.4.1 deals with access for people with disabilities and as the proposal is for floodlighting only and does not involve any change to the access arrangements for the park, the proposal is considered to be acceptable in relation to this section and in relation to the provisions of the Disability Discrimination Act.

31. Section 4.4.2 deals with safety and security and the design principles include a requirement for effective lighting. The provision of floodlighting and the resultant extended use of the park is likely to reduce the use of the park for criminal activities such as graffiti and vandalism and improve the general safety of the area by increasing the times of use of the park and hence the casual surveillance of the area.

32. Section 4.5.1 deals with parking and vehicular access and the relevant design principles require parking to be provided onsite in sufficient number to cater for the use and minimize loss of on-street parking. The park has sufficient onsite parking spaces, however the access road to the car park was closed (ie gate shut and locked) at the time of the inspection. To ensure parking occurs onsite and not in the surrounding street network a condition of consent is recommended requiring that the gate to the access road to the car park is open at all times of use of the sporting fields under floodlights.

Sportsground Plan of Management

33. McCoy Park is community land and is categorized as a sportsground and a watercourse, with the portion of the site in which the lighting towers are proposed, wholly categorized as sportsground.

34. As such the provisions of the Sportsground Plan of Management (Sportsground POM) is relevant to the assessment of the application. The Sportsground POM identifies a series of management issues and Section 4.1 contains a matrix identifying objectives, performance targets, means to achieve the targets and prioritization for each management issue. The performance targets of relevance to the application are addressed following:

35. Sportsground facilities meet the needs of local communities – the means to achieve this target is to improve existing facilities provided the development is permissible under the objectives of the land category and the necessary approvals have been obtained. The use of the site as a recreation facility is permissible with consent and once the consent and construction certificate are obtained the second criterion will also be satisfied.

36. Minimal adverse impacts upon surrounding residents with Sportsground development and use – the means to achieve this target include monitoring of noise issues, restricting overdevelopment and unsuitable activities and facilitation of use of onsite car parks. The use of the sports fields in the evening introduces potential noise impacts due to both use of the sports fields and noise from persons coming to and leaving the park. These concerns have been addressed previously by recommending conditions that limit the hours of use to generally 9pm and 8pm on Sundays, requiring the access to the car park in the park not to be gated and locked during use of the sports fields under floodlighting and requiring the preparation of a complaints handling mechanism. Subject to the implementation of these conditions it is not anticipated that there will be unacceptable impacts on the surrounding residences, however if such impacts occur there will be a suitable mechanism with which to address the concern.

37. Maximise Sportsground usage through Australian Standard floodlighting whilst ensuring minimal adverse impacts upon residents and adjoining bushland – the means to achieve this target include allowing only floodlights that meet Australian Standards for lux and light spill, mound and landscape buffer zones to minimize the impact of light spill where appropriate, ensure floodlights are extinguished immediately following the conclusion of activities, investigate implementation of automated floodlighting controls and monitor the use to ensure the floodlighting is not used when the sports ground is not in use.

38. The light spill impact of the floodlights is address in paragraph 20 of this report and the light spill is acceptable without the need for landscape buffer zones or mounds. A condition of consent is recommended in relation to the use of the floodlighting and automation of the lighting.

CONSULTATION

External Consultation

39. In accordance with Council’s Notification Development Control Plan, the proposal was advertised between 1 August and 22 August 2007. No submissions were received at the time of writing this report.

Internal Consultation

40. The application was referred to Council’s Infrastructure and Drainage Engineers and the following comments were received.

40.1 The proposed light poles are located within Council's Sportsfields in the higher ground which adjoins McCoy Park Flood detention basin. Apparently the 1 in 100 year flood level with the basin would be 28.15mAHD.

40.2 All electrical wirings including accessories related to the proposed Light Poles have to be above the 1 in 100 year flood levels. Whilst other underground cable/duck or similar have to flood proofed.

40.3 A condition to this effect is included in the recommendation.

ISSUES

Impact on Amenity of Adjoining Residents

41. The potential impacts of the floodlighting on the residents within Edna Avenue, Highland Avenue and Paris Place are discussed at paragraphs 19-243 in relation to the considerations required under LEP 2001.

42. It is considered that subject to the imposition of conditions requiring:

42.1 the floodlit use of the sports fields to cease by 9pm on Mondays to Saturdays and 8pm on Sundays, and not to occur in the mornings,

42.2 the opening of the gates to the access road to the car park during the hours of use of the sports fields under flood lighting, and

42.3 the compliance with the submitted lighting report to prevent unacceptable lighting glare impacts upon the adjoining residential properties

42.4 that the provision of floodlighting will not have a significant detrimental impact on the amenity of surrounding residents. Notwithstanding this assessment, given the potential for noise impacts due to the use of the sports fields in the evening, a condition is recommended requiring a complaints handling process to be set-up and for information in relation to the process to be provided to the users of the sports fields and the surrounding residents.

Visual Impact

43. Whilst the proposed lighting towers are very tall (i.e. 28m), they are very slim in design and as such the towers will not be overly dominant features in the context of the park. The towers will be visible from a number of properties and surrounding streets and from those locations will not necessarily be seen in the context of the surrounding park, however it is considered that the towers will not be an unacceptably visually intrusive element.

Parking Availability

44. The final concern with potential impacts of the proposal to extend the use of the sports fields by the provision of floodlighting is that the users may inconvenience surrounding residents by parking in the residential streets of Edna Avenue, Highland Avenue and Paris Place.

45. In order to avoid this occurrence as far as possible, a condition of consent is recommended requiring the gates to the access road to the onsite car, which is accessed off McCoy Street, to remain open during use of the sports fields under lighting.

Kerry Gordon Planning Services

Independent Planning Consultant

4 April 2008

Attachments:

1View	Locality Map	1 Page
2View	Aerial Plan	1 Page
3View	History of Development Application	1 Page

REFERENCE MATERIAL

4 Strategic Approach

The tasks in the below table should be undertaken for openness and fairness and are provided as a guide for Council. The steps are suggested to demonstrate a due regard to probity throughout the Urban Design Framework development and any potential commercial transactions Council enters into. The accountability considerations as outlined in the table include the level of approval required for decisions made relating to the redevelopment and the documentation to maintain an audit trail. Further information about the roles and responsibilities of specific committees/units within Council can be found in Section 5 below.

Overarching all of the tasks outlined below is the need for Council to maintain confidentiality of information associated with the redevelopment and ensuring that individuals involved with the redevelopment are free from conflicts of interest (including that any related interests are appropriately recorded). Council’s actions to manage confidential information and conflicts of interest should be applied not only to Council officers and elected officials but also all advisers and external contributors to the project.

	Task	Responsibility/Approvals required	Documentation to be maintained
STAGE 1: MASTERPLAN DEVELOPMENT
Transparency	Communication Strategy Development Council must ensure that the information provided to the various stakeholders affected by this development is consistent and equitable. Develop a Communication Strategy to relay information to key stakeholders, namely members of the Council, landowners, adjoining land owners and the community. Communication will differ according to the nature of the stakeholder. As such, the Communication Strategy will need to cater for differing levels of information to be provided to each stakeholder. The Communication Strategy should outline the level of communication that will be entered in to with each stakeholder group, including specific types of information to be conveyed. This could include: · Council’s priorities and intentions in relation to the Urban Design Framework. · Opportunities to share costs for key consultancy requirements that are regularly required for DA assessment. · Any specific design constraints that are to be developed by Council’s Planning section. · Method and detail as to how Council staff are to conduct meetings with third parties, and how any findings from the consultation process are to be reported to the General Management Team and Councillors.	· Communication Strategy to be endorsed by Council resolution	· The Communication Strategy and its approval should be documented and accessible to Council staff and others involved with the redevelopment · Any communication with stakeholders should be appropriately documented in the form of file notes or other records.
Cost-Sharing Opportunities If Council selects to offer cost-sharing opportunities with stakeholders for required consultancy services, Council should expressly state that any payment will not confer any advantage when/if Council proceeds to a commercial negotiation phase. Further, if Council selects to offer a cost-sharing opportunity for consultancy services, Council will offer this opportunity to all land-owners who will be affected by the Urban Design Framework. This will ensure that Council is acting equitably with all land-owners. At an appropriate time and in line with the communication strategy principles Council may share these consultancy services reports with other land owners. Before making any reports available to landowners Council will need to ensure each party receiving the information abide by any relevant confidentiality requirements.	· Cost-sharing initiatives should be approved by Council resolution.	· Rationale and approval of any cost-sharing opportunities should be appropriately recorded · Records should be maintained to demonstrate that such opportunities have been offered to all current or potential land-owners to demonstrate equal access to the opportunity.
Meetings with Stakeholders Council may opt to conduct one-on-one or group meetings with stakeholders. Council may consider it beneficial to confer with land owners collectively during Urban Design Framework development to set the parameters of this stage, particularly Council’s role(s) during this stage. Individual meetings with land owners may then be offered to address each individual’s specific concerns. However, in line with confidentiality requirements, Council will exhibit caution when discussing content not included in the initial group meetings or communication strategy. Council should develop a mailing list (in either electronic or physical form) to distribute desired information to third parties who request to be updated of the process. Third parties should be advised that they must register with Council to receive the information.	· Council should ensure that one individual within Council is designated to run sessions with stakeholders to ensure consistency of approach and information provided.	· A record of the mailing list should be maintained as well as any rules in place for the level of information that can be released to different stakeholders e.g. some stakeholders, depending on their role with the redevelopment, may be authorised to access more information than other stakeholders. · Records should be maintained of the meetings with stakeholders which document the information provided, any questions asked, and whether further action is required.
Process Rules for Meetings Council will develop a series of process rules by which all meetings with proponents will be conducted. These process rules include (but are not limited to): · No reliance may be placed upon information unless it is provided in writing by Council. · Proponents will not contact or liaise with any Council official other than those designated as the official contact persons. · Parties must have demonstrated that they hold authority to represent land owners. · Each party is responsible for maintaining their own notes (Council hold only one record from the meeting) · Council’s interest in developing the Urban Design Framework prior to exploring any commercial possibilities should be expressly stated. · Any information provided by the other party which they consider commercially sensitive or intellectual property should be nominated as such.	· Process rules should be established and endorsed by the relevant unit within Council such as Council’s Commercial Arm or the City Strategy and Outcomes Directory Unit. · Proponents/stakeholders involved in the meetings should be made aware of the process rules and indicate their concurrence to these rules e.g. through signing a meeting protocol.	· The process rules for meetings with proponents/stakeholders should be documented, for example, in the form of a meeting protocol. · Minutes of meetings with proponents/stakeholders should be maintained, which record the issues discussed, information provided to stakeholders, any actions arising from the meeting and responsibility and due date for such action items. · Records should be maintained of any information that is deemed to be commercial in-confidence and action should be taken by Council to ensure the confidentiality of this information is maintained.
Providing Contact Details and Third Party Information Council may wish to allow various stakeholders to make contact with each other, or to disseminate information from one third party to another. Prior to providing any stakeholder with another’s contact details or other information, Council is required to obtain expressly informed consent by that stakeholder.	· The stakeholder’s written consent should be obtained prior to releasing their contact details or information to other stakeholders.	· A record should be kept of the written consent from the stakeholder to ensure Council can demonstrate authority to release a stakeholder’s contact details or other information.
Separation of Management Responsibilities Council will ensure that the operational running of the Commercial and Planning/Urban Development functions within Council are separated, and are supervised by different individuals.	· Any future development applications for the site should be considered and approved by the Central Parramatta Planning Committee (CPPC). · Councillors who are members of the CPPC should not also be acting on behalf of the Council committee(s) that considers the commercial decisions of Council associated with this redevelopment. · Any decisions made by the commercial arm of Council should be signed off by the Group Manager / Councillors (as required) responsible for this function within Council which is a separate role to the Group Manager / Councillors responsible for the urban development function of Council.	· Clear goals and objectives for the redevelopment should be established by Council and recorded. · The Communication Strategy for the redevelopment should communicate Council’s goals and objectives for the redevelopment. · Any development application determinations should be appropriately documented, including reasons for the approval/rejections and the rationale for any conditions attached to development consents. · Conflict of interest and confidentiality undertakings should be signed by all individuals involved in the development application assessment and urban development function within Council.
Value for Money	Independent Valuations Council will obtain independent valuations of all Council holdings, including cost of retained conditions (such as drainage, rights of way), and are to be in line with highest and best use as documented in the gazetted LEP.	· Council should resolve that it has a number of benchmarks in place with regard to any future commercial transactions, such as valuations of Council’s land holdings associated with the redevelopment.	· A record should be maintained of the independent valuation/s obtained of Council’s land holdings.
Content of Discussions Discussions with adjoining landowners can outline Council’s commercial objectives (as already publicly notified) such as retaining ownership and improving recurrent revenue streams. Discussions can also detail the process Council will undertake for commercial transactions, which may include: · Market testing, through expressions of interest or tender (which demonstrates Council’s consideration of value for money) · That urban design framework will be completed prior to undertaking any commercial transactions, which will serve to demonstrate Council’s desire to achieve a beneficial planning outcome, in line with the requirements set forth in the LEP. · Making other land owners cognisant of Council’s significant land holdings within the area.	· The Communication Strategy will outline the process for communicating with stakeholders including the level of authority required to release information to relevant stakeholders. · Council should resolve to enter into a market testing phase for the redevelopment, either through a tender or EOI process. · Council should resolve to accept the Urban Design Framework for the site once developed.	· Appropriate documentation should be maintained of any market testing process undertaken to ensure an audit trail is maintained of these activities. · Any communication with landowners/stakeholders should be appropriately documented. · The approval process for the Urban Design Framework and any urban development of the site should be appropriately recorded.
STAGE 2: POTENTIAL COMMERCIAL TRANSACTIONS
Transparency	Process Rules for Meetings Council will continue the use of predetermined meeting rules when conducting meetings with any stakeholder.	Refer to above for approvals required and responsibility	Refer to above
Assessment of Current Conditions with Leaseholders Council will need to take into account any conditions and rights in the current lease with Brandsmart for the use of the carpark. Depending on the conditions of the current lease with regard to exclusive rights over the land for the length of the lease, Council may need to give consideration to any offer put forward by Brandsmart for redevelopment of the land.	· Any decision made by Council to consider a proposal from Brandsmart or enter into a direct deal with Brandsmart or any other individual property owners should be made by Council resolution.	· Any decision made by Council in relation to a direct deal with Brandsmart or other landowner should be appropriately documented, including the rationale for pursuing this option. For example, it could be supported by a detailed cost–benefit analysis or similar study to verify that best value for money is being obtained by entering into any agreement with Brandsmart or other landowner.
Adherence to legislative and policy requirements In determining the approach to the redevelopment Council needs to be cognisant of its requirements under the Local Government Act 1993 (specifically related to the circumstances under which a tendering process is not required, such as the leasing or licensing of the land) and Public-Private Partnerships requirements. In the event that a PPP or Joint Venture option is pursued, Council may be required to develop a business plan. Such a Business Plan should include the following content: Project Plan (defining the strategic need) · Clear description of the project and objectives (refer to existing Council documents, link to public Urban Design Framework) · Management/governance structure (refer to existing Council probity plan and current adjustments) · Detailed program · Consultant lists/register – skills required within and external to Council list who and roles Financial and economic analysis · Scope of the project · Projected costs – whole of life, Council cost as part of disposal · Projected revenues and any borrowings if required · Capacity of Council to conduct the project · Public interest evaluation – management plan objectives; charter obligations; consultation; public access; safety and security · Assumptions and sensitivity analysis Communication strategy Purpose · Identification of stakeholders, community · Market or direct negotiations communication · Link to risk and contingencies management · Procedures for how and who responsible Probity plan · Management of key probity risks, such as conflict management, confidentiality, value for money Risk management plan · Detailed risk assessment (residual risk ratings after considering mitigation strategies) across whole project timeframe, such as negotiations, contract risks pre-development, during development and post development · Include preferred risk allocation for Council and other parties Masterplan	· Any approach by Council for the redevelopment of the land should be endorsed via Council resolution.	· Documentation should be maintained of the approval of the approach including the rationale for selecting one approach over another, particularly related to value for money considerations for Council. · If a PPP approach is adopted, Council needs to ensure an appropriate level of documentation is maintained.
Independence during Assessment Council’s Central Parramatta Planning Committee (CPPC), which comprises individuals from both within Council and will undertake the ultimate assessment of any potential Development Application. However, during any potential DA process, Council will engage an external consultant to undertake the DA review process. In the new LEP any site within this block is subject to undertaking a Design Competition process aimed at ensuring quality of development.	· Any decisions to engage external consultants for the development application review process should be made by Council resolution. · Applicants are required to follow the design competition guidelines	· Ensuring that appropriate documentation is kept of the reasons for decisions Council makes relating to place management and the urban strategy for the site. · As noted above, documentation should be maintained of approvals/rejections of development applications including the rationale for development consent conditions. · Confidentiality and conflict of interest declarations should be completed by all members of the CPPC and all individuals involved in the development application assessment. · Documentation to be maintained as per design competition guidelines and Council processes.
Value for Money	Pre-Transactional Due Diligence Council will ensure that all required due diligence, including (but not limited to) valuations, risk assessments and financial feasibility studies are completed prior to the commencement of any commercial negotiation process. Council should consider establishing at least some different assessment team members to consider each separate land transaction, who are responsible for the assessment of the value of the offering relative to Council’s benchmarks, including the financial component (incorporating whole of life costs), urban outcomes (relative to UDF and/or Urban Design Framework), and the capability and capacity of private sector organisation to undertake the development. Council may consider using an external adviser to test the values prior to the completion of each engagement.	· Council should resolve that it has a number of benchmarks in place with regard to any future commercial transactions, such as valuations of Council’s land holdings associated with the redevelopment. · Decisions made by the urban development function of Council should be endorsed by the Director of this area within Council. Similarly, commercial decisions of Council should be endorsed by the Director responsible for this arm of Council and approved by Council resolution.	· Any valuations, risk assessments and financial feasibility studies should be documented and the circulation of these documents should be limited to persons who are authorised to receive this information. · Documentation should be maintained of Council’s consideration of a private sector organisation’s capacity and capability to undertake the development.

Task

Responsibility/Approvals required

Documentation to be maintained

STAGE 1: MASTERPLAN DEVELOPMENT

Transparency

Communication Strategy Development

Council must ensure that the information provided to the various stakeholders affected by this development is consistent and equitable. Develop a Communication Strategy to relay information to key stakeholders, namely members of the Council, landowners, adjoining land owners and the community. Communication will differ according to the nature of the stakeholder. As such, the Communication Strategy will need to cater for differing levels of information to be provided to each stakeholder.

The Communication Strategy should outline the level of communication that will be entered in to with each stakeholder group, including specific types of information to be conveyed. This could include:

· Council’s priorities and intentions in relation to the Urban Design Framework.

· Opportunities to share costs for key consultancy requirements that are regularly required for DA assessment.

· Any specific design constraints that are to be developed by Council’s Planning section.

· Method and detail as to how Council staff are to conduct meetings with third parties, and how any findings from the consultation process are to be reported to the General Management Team and Councillors.

· Communication Strategy to be endorsed by Council resolution

· The Communication Strategy and its approval should be documented and accessible to Council staff and others involved with the redevelopment

· Any communication with stakeholders should be appropriately documented in the form of file notes or other records.

Cost-Sharing Opportunities

If Council selects to offer cost-sharing opportunities with stakeholders for required consultancy services, Council should expressly state that any payment will not confer any advantage when/if Council proceeds to a commercial negotiation phase.

Further, if Council selects to offer a cost-sharing opportunity for consultancy services, Council will offer this opportunity to all land-owners who will be affected by the Urban Design Framework. This will ensure that Council is acting equitably with all land-owners. At an appropriate time and in line with the communication strategy principles Council may share these consultancy services reports with other land owners. Before making any reports available to landowners Council will need to ensure each party receiving the information abide by any relevant confidentiality requirements.

· Cost-sharing initiatives should be approved by Council resolution.

· Rationale and approval of any cost-sharing opportunities should be appropriately recorded

· Records should be maintained to demonstrate that such opportunities have been offered to all current or potential land-owners to demonstrate equal access to the opportunity.

Meetings with Stakeholders

Council may opt to conduct one-on-one or group meetings with stakeholders. Council may consider it beneficial to confer with land owners collectively during Urban Design Framework development to set the parameters of this stage, particularly Council’s role(s) during this stage.

Individual meetings with land owners may then be offered to address each individual’s specific concerns. However, in line with confidentiality requirements, Council will exhibit caution when discussing content not included in the initial group meetings or communication strategy.

Council should develop a mailing list (in either electronic or physical form) to distribute desired information to third parties who request to be updated of the process. Third parties should be advised that they must register with Council to receive the information.

· Council should ensure that one individual within Council is designated to run sessions with stakeholders to ensure consistency of approach and information provided.

· A record of the mailing list should be maintained as well as any rules in place for the level of information that can be released to different stakeholders e.g. some stakeholders, depending on their role with the redevelopment, may be authorised to access more information than other stakeholders.

· Records should be maintained of the meetings with stakeholders which document the information provided, any questions asked, and whether further action is required.

Process Rules for Meetings

Council will develop a series of process rules by which all meetings with proponents will be conducted. These process rules include (but are not limited to):

· No reliance may be placed upon information unless it is provided in writing by Council.

· Proponents will not contact or liaise with any Council official other than those designated as the official contact persons.

· Parties must have demonstrated that they hold authority to represent land owners.

· Each party is responsible for maintaining their own notes (Council hold only one record from the meeting)

· Council’s interest in developing the Urban Design Framework prior to exploring any commercial possibilities should be expressly stated.

· Any information provided by the other party which they consider commercially sensitive or intellectual property should be nominated as such.

· Process rules should be established and endorsed by the relevant unit within Council such as Council’s Commercial Arm or the City Strategy and Outcomes Directory Unit.

· Proponents/stakeholders involved in the meetings should be made aware of the process rules and indicate their concurrence to these rules e.g. through signing a meeting protocol.

· The process rules for meetings with proponents/stakeholders should be documented, for example, in the form of a meeting protocol.

· Minutes of meetings with proponents/stakeholders should be maintained, which record the issues discussed, information provided to stakeholders, any actions arising from the meeting and responsibility and due date for such action items.

· Records should be maintained of any information that is deemed to be commercial in-confidence and action should be taken by Council to ensure the confidentiality of this information is maintained.

Providing Contact Details and Third Party Information

Council may wish to allow various stakeholders to make contact with each other, or to disseminate information from one third party to another. Prior to providing any stakeholder with another’s contact details or other information, Council is required to obtain expressly informed consent by that stakeholder.

· The stakeholder’s written consent should be obtained prior to releasing their contact details or information to other stakeholders.

· A record should be kept of the written consent from the stakeholder to ensure Council can demonstrate authority to release a stakeholder’s contact details or other information.

Separation of Management Responsibilities

Council will ensure that the operational running of the Commercial and Planning/Urban Development functions within Council are separated, and are supervised by different individuals.

· Any future development applications for the site should be considered and approved by the Central Parramatta Planning Committee (CPPC).

· Councillors who are members of the CPPC should not also be acting on behalf of the Council committee(s) that considers the commercial decisions of Council associated with this redevelopment.

· Any decisions made by the commercial arm of Council should be signed off by the Group Manager / Councillors (as required) responsible for this function within Council which is a separate role to the Group Manager / Councillors responsible for the urban development function of Council.

· Clear goals and objectives for the redevelopment should be established by Council and recorded.

· The Communication Strategy for the redevelopment should communicate Council’s goals and objectives for the redevelopment.

· Any development application determinations should be appropriately documented, including reasons for the approval/rejections and the rationale for any conditions attached to development consents.

· Conflict of interest and confidentiality undertakings should be signed by all individuals involved in the development application assessment and urban development function within Council.

Value for Money

Independent Valuations

Council will obtain independent valuations of all Council holdings, including cost of retained conditions (such as drainage, rights of way), and are to be in line with highest and best use as documented in the gazetted LEP.

· Council should resolve that it has a number of benchmarks in place with regard to any future commercial transactions, such as valuations of Council’s land holdings associated with the redevelopment.

· A record should be maintained of the independent valuation/s obtained of Council’s land holdings.

Content of Discussions

Discussions with adjoining landowners can outline Council’s commercial objectives (as already publicly notified) such as retaining ownership and improving recurrent revenue streams. Discussions can also detail the process Council will undertake for commercial transactions, which may include:

· Market testing, through expressions of interest or tender (which demonstrates Council’s consideration of value for money)

· That urban design framework will be completed prior to undertaking any commercial transactions, which will serve to demonstrate Council’s desire to achieve a beneficial planning outcome, in line with the requirements set forth in the LEP.

· Making other land owners cognisant of Council’s significant land holdings within the area.

· The Communication Strategy will outline the process for communicating with stakeholders including the level of authority required to release information to relevant stakeholders.

· Council should resolve to enter into a market testing phase for the redevelopment, either through a tender or EOI process.

· Council should resolve to accept the Urban Design Framework for the site once developed.

· Appropriate documentation should be maintained of any market testing process undertaken to ensure an audit trail is maintained of these activities.

· Any communication with landowners/stakeholders should be appropriately documented.

· The approval process for the Urban Design Framework and any urban development of the site should be appropriately recorded.

STAGE 2: POTENTIAL COMMERCIAL TRANSACTIONS

Transparency

Process Rules for Meetings

Council will continue the use of predetermined meeting rules when conducting meetings with any stakeholder.

Refer to above for approvals required and responsibility

Refer to above

Assessment of Current Conditions with Leaseholders

Council will need to take into account any conditions and rights in the current lease with Brandsmart for the use of the carpark. Depending on the conditions of the current lease with regard to exclusive rights over the land for the length of the lease, Council may need to give consideration to any offer put forward by Brandsmart for redevelopment of the land.

· Any decision made by Council to consider a proposal from Brandsmart or enter into a direct deal with Brandsmart or any other individual property owners should be made by Council resolution.

· Any decision made by Council in relation to a direct deal with Brandsmart or other landowner should be appropriately documented, including the rationale for pursuing this option. For example, it could be supported by a detailed cost–benefit analysis or similar study to verify that best value for money is being obtained by entering into any agreement with Brandsmart or other landowner.

Adherence to legislative and policy requirements

In determining the approach to the redevelopment Council needs to be cognisant of its requirements under the Local Government Act 1993 (specifically related to the circumstances under which a tendering process is not required, such as the leasing or licensing of the land) and Public-Private Partnerships requirements.

In the event that a PPP or Joint Venture option is pursued, Council may be required to develop a business plan. Such a Business Plan should include the following content:

Project Plan (defining the strategic need)

· Clear description of the project and objectives (refer to existing Council documents, link to public Urban Design Framework)

· Management/governance structure (refer to existing Council probity plan and current adjustments)

· Detailed program

· Consultant lists/register – skills required within and external to Council list who and roles

Financial and economic analysis

· Scope of the project

· Projected costs – whole of life, Council cost as part of disposal

· Projected revenues and any borrowings if required

· Capacity of Council to conduct the project

· Public interest evaluation – management plan objectives; charter obligations; consultation; public access; safety and security

· Assumptions and sensitivity analysis

Communication strategy

Purpose

· Identification of stakeholders, community

· Market or direct negotiations communication

· Link to risk and contingencies management

· Procedures for how and who responsible

Probity plan

· Management of key probity risks, such as conflict management, confidentiality, value for money

Risk management plan

· Detailed risk assessment (residual risk ratings after considering mitigation strategies) across whole project timeframe, such as negotiations, contract risks pre-development, during development and post development

· Include preferred risk allocation for Council and other parties

Masterplan

· Any approach by Council for the redevelopment of the land should be endorsed via Council resolution.

· Documentation should be maintained of the approval of the approach including the rationale for selecting one approach over another, particularly related to value for money considerations for Council.

· If a PPP approach is adopted, Council needs to ensure an appropriate level of documentation is maintained.

Independence during Assessment

Council’s Central Parramatta Planning Committee (CPPC), which comprises individuals from both within Council and will undertake the ultimate assessment of any potential Development Application.

However, during any potential DA process, Council will engage an external consultant to undertake the DA review process.

In the new LEP any site within this block is subject to undertaking a Design Competition process aimed at ensuring quality of development.

· Any decisions to engage external consultants for the development application review process should be made by Council resolution.

· Applicants are required to follow the design competition guidelines

· Ensuring that appropriate documentation is kept of the reasons for decisions Council makes relating to place management and the urban strategy for the site.

· As noted above, documentation should be maintained of approvals/rejections of development applications including the rationale for development consent conditions.

· Confidentiality and conflict of interest declarations should be completed by all members of the CPPC and all individuals involved in the development application assessment.

· Documentation to be maintained as per design competition guidelines and Council processes.

Value for Money

Pre-Transactional Due Diligence

Council will ensure that all required due diligence, including (but not limited to) valuations, risk assessments and financial feasibility studies are completed prior to the commencement of any commercial negotiation process.

Council should consider establishing at least some different assessment team members to consider each separate land transaction, who are responsible for the assessment of the value of the offering relative to Council’s benchmarks, including the financial component (incorporating whole of life costs), urban outcomes (relative to UDF and/or Urban Design Framework), and the capability and capacity of private sector organisation to undertake the development. Council may consider using an external adviser to test the values prior to the completion of each engagement.

· Decisions made by the urban development function of Council should be endorsed by the Director of this area within Council. Similarly, commercial decisions of Council should be endorsed by the Director responsible for this arm of Council and approved by Council resolution.

· Any valuations, risk assessments and financial feasibility studies should be documented and the circulation of these documents should be limited to persons who are authorised to receive this information.

· Documentation should be maintained of Council’s consideration of a private sector organisation’s capacity and capability to undertake the development.

Attachment 1

Detailed Report

Detailed Report

Introduction

On 27 November 2007, the Minister for Planning, Frank Sartor MP released for public comment a discussion paper about improving the NSW Planning System. The main areas of change included the streamlining the way LEP’s are made, categorising development applications and tailoring assessment processes to reflect their complexity, increasing the scope of exempt and complying development and various other matters relating to private certification, e-planning and strata laws. Council endorsed a detailed submission in response at its meeting on 11 February 2008.

An exposure draft bill (attachment 3) was released by the Minister for Planning on 3 April 2008 for comment. The draft exposure bill provides legislative detail on the matters raised in the discussion paper. Comment will be received by the Department until 24 April 2008. A simplified ”Community Guide” has previously been distributed to Councillors for information which was made available by the Department of Planning on its web site (www.planning.nsw.gov.au).

The draft exposure bill is being released for comment for a period of 21 days. This represents the most comprehensive review and amendment to the Environmental Planning and Assessment Act for many years. Whilst there has been a discussion paper and an ideas forum prior to the detail being released, it is the detail that captures the actual impact of the proposed changes.

It is disappointing that there is such limited opportunity for assessment and debate on such significant change. This is reinforced by the fact that, as discussed below, there are details which will be released at a later date through the Regulation or codes which are fundamental to gain a comprehensive understanding of the changes proposed. On this basis, it is acknowledged that the attached submission has been prepared in haste given the limited time available.

It should be noted that unless otherwise stated, references in this report to section and page numbers, are references to the document titled “Environmental Planning and Assessment Amendment Bill – Exposure Draft” (137 pages).

Inadequate Information to Make an Informed Submission

Whilst the draft Bill contains much information about the directions being pursued for the proposed reforms, there is very relevant detail that will be contained in the Regulation and Codes that hasn’t been presented. There are many references to more detailed guidelines and details that may be outlined in the Regulation, but are not presented. Some examples are listed below and others included in other parts of this report:

§ fees to be paid in association with new services to be paid for by Council (see recommendation 2 below)

§ functions conferred on a regional panel by the Minister (Section 118(7) – p. 43)

§ remuneration for members of the Planning Assessment Commission (Schedule 3(7) – p. 48) which are to be paid by Council

§ maximum security deposit required for ensuring compliance with the terms of development consent (Section 80A(7A) p. 110).

§ The State Environmental Planning Policy (SEPP) that deals with Major projects is proposed to be amended to identify which types of development may be dealt with by “Regional Panels” (see below).

The uniform complying development codes are clearly another set of documents that contain significant detail that Council does not have the capacity to comment on at this stage, yet an understanding of the proposals are integral to the amendments proposed to the Act. This is consistent with Council’s previous submission which outlined a general concern for the detail to be included in such codes (see “Complying Development” below for greater detail on this matter).

Recommendation 1

That given the significance and extent of changes proposed, the full set of documents relevant to the exposure draft Bill, including the Regulation, Codes and Guidelines, be circulated for comment with reasonable period for comment in order to achieve effective and comprehensive communication of the proposed changes being considered.

Cost Shifting

The draft Bill establishes “planning assessment commissions”, (PAC) “regional panels” and “independent arbitrators”. PAC’s are intended to determine large applications for development such as Part 3A applications delegated by the Minister or to provide advice to the Minister for certain development and plan making matters.

Regional panels may be constituted by the Minister for particular parts of the State. Regional panels are intended to deal with matters of regional significance and it is proposed to amend the “Major Projects” SEPP to give this effect.

Planning arbitrators will be established to make determinations for some types of development that are under $1 million in value where an applicant wishes to challenge Council’s decision. Arbitrators will need to register with the Department of Planning which will keep a central register of all arbitrators.

The draft Bill requires (Section 23N (p. 27)) that Councils make available records, facilities and staff in order that the PAC, a panel or an arbitrator is able to exercise its functions. The actual function of these bodies is yet to be fully understood and there may be very significant staff time and resources that will need to be devoted to ensuring that these bodies properly exercise their functions.

In addition, proposed section 23O (p.28) requires that costs of these bodies be covered by Council. Whilst proposed sections 96C and 96D (p.35 and p.36) require that a fee be paid for these additional services, they will be regulated and there is no way of knowing at this stage, whether the proposed fee will be sufficient to cover the new services proposed. This is underlined by the current regulated fees for development assessment, which in Parramatta City Council’s experience, do not cover the actual cost to Council of providing these services. This is compounded by the fact that these will be new services without real benchmarks to assess their cost implications.

Recommendation 2

That fees to cover the additional workloads and resources that will need to be devoted to the operation of PAC’s, regional panels and arbitrators be calculated at full market rate and that this be reviewed within 12 months of operation to ensure full cost recovery to Council is reflected in the regulated fee.

Recommendation 3

That the current regulated fees associated with development assessment be calculated in a transparent manner that achieves full cost recovery of the service provided. As an example, these current regulated fees could be indexed to CPI or other inflationary indicators as is the practice with many market based fee structures.

Complying Development

One of the most significant proposals is to increase the number of applications dealt with as exempt and complying development. The Community Guide (“the Guide”) prepared by the Department, identifies a target of increasing the proportion of exempt and complying development from the current 11% of all development, to 50% within four years.

Clearly, the actual codes that the Guide refers to are required to fully understand the extent and detail of the changes proposed. For example, the Guide refers to single and two storey houses being included in the complying development list (p. 11 of the Guide). In many parts of the LGA, applications for detached housing can be the subject of much discussion amongst neighbours and often result in alterations in the design of proposals to accommodate amenity issues raised. Such discussion will no longer be possible.

The consultation of neighbours, where complying development proposals are being considered, is likely to be limited to notification of commencement of development. Whilst there should always be scope to consider a wider range of applications outside of the DA process, the list included in the Guide appears to be frought with risk for management of development in neighbourhoods. As has been the experience to date, it is likely that Council staff will end up being included in discussions with disaffected neighbours after the commencement of construction of complying development. There will be no resources to deal with these as there are no fees payable in cases where complying development is privately certified.

In addition, the codes are likely to be standard across the state with minimal distinction between the character of areas. Further, it is not clear what level of locational differences that Council will be able to incorporate into these codes as anticipated by the Guide (p. 11).

The proposed amendments include the removal of Section 76A(6) from the Act which currently restrict areas where development can be carried out as complying (e.g. on an item of heritage significance or in a wilderness area). The explanatory notes state that these matters can be dealt with in the relevant Environmental Planning Instruments. It is unclear as to whether Councils will be able have any real control or input into where complying development can be carried out.

Recommendation 4

That consultation occur on the extent and detail of the proposed complying development to be included in the State wide codes.

Proposed section 85A (p.30) includes a provision that private certifiers or Council may approve complying development even if there is a minor variation to a standard or condition, but only if the Council has been notified and agrees with the minor variation. The Council will have seven days to make this judgement or the certifier may approve the development. Given that the Council will need to perform this assessment task in the absence of any fees being paid for the service, it is difficult to see how this additional service will be undertaken properly, especially as there will need to be a site inspection in most, if not all, instances.

Recommendation 5

That the Bill be amended to include a fee being payable for Council consideration of a complying development application seeking a variation of a standard or condition and that the statutory time provided to Council's to review these requests be increased to 14 days.

Proposed section 74C (p. 12) excludes the ability for Councils to include notification requirements for complying development applications. The Parramatta Notification DCP does not require notification of complying development, given the fairly narrow range of developments that are complying. However, the types of complying development are to be significantly broadened, with no provision for neighbour notification now possible with this amendment.

Recommendation 6

That the Department of Planning consider a more inclusive model of neighbour notifications to enable meaningful input onto complying development applications.

Plan Making Provisions

The general approach of a “gateway” (section 56, p. 8) to consider proposals to create draft LEP’s (“planning proposals”) is supported. The intention is to ensure that the process for small amendments and large LGA wide proposals, is distinguished and the process is tailored accordingly. There are, however, some general comments that are worth making.

The Regulation for categorising planning proposals for different types of draft LEPs and the standards for community consultation for the different categories are not yet available. Time frames for various stages of plan making procedure are to be determined by the Minister seemingly on a case by case basis. It is not possible to evaluate how onerous the time frames will be on Councils, especially demands on staff resources. The extent of community consultation for draft LEPs may be minimal and in some cases, this may be quite appropriate, however, no detail on the procedure is available at this stage.

Recommendation 7

That the DoP consult widely on the details associated with the gateway determinations process prior to its establishment.

Proposed Section 26(3A) (p. 3) LEPs states that an LEP can make provision for the temporary zoning of land. There are no provisions that indicate the circumstances when this provision should/could be used, so it is difficult to understand how this would work. For example, would this allow land banking of areas by downzoning for a limited period of time? This may be a useful provision, but there is no detail relating to how this may actually be administered.

Proposed section 55 (p.7) requires that as well as statement of objectives, explanation of provisions and justification (including compliance with s117 directions) and details of community consultation to be undertaken, the planning proposal is to include maps such as land use zones, heritage areas etc, prepared in accordance with the technical requirements. This is then submitted to the Minister for ‘gateway determination’. It will be onerous for Councils to prepare the maps to technical standard at this early stage, especially when the planning proposal is not intended to include the legally drafted LEP document, and the plan may not be allowed to proceed or be amended before proceeding.

The draft Bill contains an added provision to the potential to expedite amendments to LEPs (S73A, p. 11). Currently this section enables the amendment of an LEP without all the normal processes required to make an LEP to correct obvious errors, misdescriptions etc. The proposed addition will enable this power to be exercised in circumstances that the Minister considers that the amendment of the LEP would “not have any adverse impact on the environment or adjoining land”. This provision is supported as it adds flexibility to an otherwise rigid process.

Council is required to include flood maps in its standard LEP. Council staff have argued that this will be difficult as flood information is dynamic and will not wait for the lengthy plan making process to catch up when amendments are required. There may be issues with section 149 certificates for example as LEP maps may be outdated but Council is obliged to provide this information on such certificates whilst an amendment is being prepared and finalised.

Recommendation 8

Given that Council must include flood maps as part of the standard LEP, and given that flood information is by definition, dynamic and constantly changing, that Councils be allowed to amend flood maps using the amended draft section 73A.

Indemnity for Arbitrators

Proposed section 23P (p. 28) of the draft Bill requires that Council must indemnify a planning arbitrator against a liability for costs incurred by the arbitrator with respect to an appeal concerning an appeal under sections 97 or 123 of the Act.

Additional advice will need to be gained from Council’s insurers to effectively provide feedback to this provision. Suffice to say that this is an additional impost that Council does not currently cover and may represent an additional insurance cost and risk.

Appointment of Private Certifiers

Appointment of private certifiers by an applicant is contrary to best practice corruption prevention practice. Clearly, applicants have a vested interest in ensuring that private certifiers approve development in an efficient manner. Whilst some additional measures such as stiffer penalties and ensuring that no more than 20% of a private certifier’s total work be derived from a single developer will help, they do not address the central issue of a private certifier having a fundamental conflict of interest.

Private certifiers perform a regulatory function that until relatively recently, was generally conducted by Councils. There must be public confidence in the private certification process. A relatively easy method of working towards this is ensuring that private certifiers are appointed on a random basis and not of the applicant’s choosing. This way, a private certifier can be confident what he/she will continue to receive employment regardless of their recommendations and findings. The system would benefit from a process that appoints private certifiers by an independent third party or randomly.

Recommendation 9

That private certifiers be appointed by an independent party or by virtue of a central register on an automated rotating roster or similar, to achieve a best practice corruption prevention approach to approvals in the private sector, and that the Buildings Professionals Board establish an auditing system for accredited certifiers which includes random auditing together with investigations into complaints received.

Accreditation of Council Employees to Carry out Certification Work

It is proposed to amend Schedule 1 of the Building Professional Regulation 2007 to include three new separate categories of individual accreditation relating to accredited certifiers employed by a council to carry out certification work on behalf of, or in the name of a council. These 3 new categories will be equivalent to the current categories A1, A2 and A3 Building Surveying.

The Accreditation Scheme will be amended to make provision for the qualifications, skills, knowledge and experience required for accreditation as a council accredited certifier for the 3 new categories. For the new categories CA1 and CA2 the Council employing the person must certify that the person is competent and has the appropriate skills and knowledge to undertake the specified category of accreditation work.

In principle the concept of Council officers requiring accreditation to undertake certification work is supported, however, no further details have been provided regarding under what parameters a Council is to certify the 'competence' of an existing member of staff. Until this level of detail is provided Council will not be able to carry out a full analysis of the impacts that this legislative change will have on what projects staff will be able to certify, budgetary issues if certification work is required to be outsourced if existing staff do not hold the required level of accreditation and professional indemnity impacts.

Developer Contributions

The developer contributions framework has been the subject of much discussion recently. The media fact sheet titled “A More Accountable Infrastructure Contribution System” is misleading and gives the impression that local councils have been greedy and irresponsible in their use of the contributions system. It states that councils are increasingly retaining and not spending the money collected, however, it doesn’t acknowledge why this is occurring. For instance, in the case of an established Council like Parramatta, the money collected under section 94 must be matched by funds from other revenue. Therefore, a lack of expenditure of section 94 funds merely indicates a lack of matching funds in an increasingly tight budget climate rather than any lack of motivation to spend the money. This is compounded by a regime of rate capping that does not allow Councils to raise revenue at the rate that materials and labour are increasing in cost.

In this regard, the proposed legislation contains inherent conflicts which would create uncertainty regarding the use of section 94A funds, or indirect contributions as they are proposed to be called. The proposed legislation provides that there is no requirement that there be a connection between the development the subject of a section 94A contribution and the object of expenditure of the funds. As such, it continues the current provision that there be no nexus for section 94A contributions. However, it also proposes to introduce legislation which requires that councils must have regard to whether the contribution is based on apportionment between existing and new demand.

This type of requirement would be more relevant to direct contributions under section 94 where the amount of the contribution is based on a calculation of the cost of works divided by incoming population at an apportioned rate. It would seem unworkable and would defeat the advantages of a section 94A plan if the apportionment restriction was applied to section 94A indirect contributions.

The range of infrastructure that councils will be able to fund under section 94 and section 94A will be restricted to those that fit the definition of “key community infrastructure” (as prescribed by the Regulations) or is “additional community infrastructure” being that specifically approved by the Minister. Contributions Plans that don’t comply with this requirement will be automatically repealed on 30 June 2009. Parramatta is in an awkward position in that it has two new section 94A Plans that have recently taken effect. Both contain works items that would not comply with the criteria. The Minister will be able to “save” existing plans if they fit the criteria of a “preserved contributions plan”, however, this requires all of the works to be either commenced, committed to the 2007/08 budget or subject to a contract for construction. This clearly would not apply to the either of Council’s new Plans. This proposed provision will further erode the autonomy of local councils and their ability to provide for a wide range of infrastructure considered important to the local community.

The comprehensive review of the section 94 legislation in 2003 developed a more flexible approach to contributions in proposing potential for a flat rate levy, developer agreements or that traditional section framework. The flat rate approach, whilst not ideal, proposed a reasonable compromise between flexibility and sharing the burden amongst developers and “existing residents” by providing for the potential to impose the levy more widely across the board. It does not seem to make sense to further restrict this capacity where the levy will continue to be 1%. The burden of a developer or other applicants is exactly the same.

Recommendation 10

All infrastructure works in Parramatta City Councils new section 94A plan are essential local infrastructure works.

Given that the flat rate levy that can be imposed by a section 94A plan distributes the levy burden across both developers that are introducing new population and existing populations, the capacity to spend these funds in established areas like Parramatta should not be restricted. This restriction has no impact on the levy being paid and who pays it.

Affordable Housing Contributions

Draft section 924-927 (p. 86-88) deal with development contributions for affordable housing.

It is noted that the draft provisions are substantially the same as the current provisions of the Act. However, given the current and ongoing issue of housing affordability, the capacity to deliver affordable housing should be expanded through the planning system rather than merely maintained.

Developer contributions can only be imposed by Councils where they are identified in SEPP 70. Parramatta Council has for some years, made formal application and requests to be included in this SEPP unsuccessfully. The current draft Bill reinforces the need to be included in the SEPP.

The change in public housing policy in the past decade also needs to be mitigated. Public housing is now a social welfare policy rather than a housing policy. The restriction of public housing to people with complex and multiple needs rather than the original policy that provided housing to moderate to low income households has left a significant number of people with no housing support in an increasingly market driven housing environment.

Recommendation 11

The affordable housing provisions within the Act be expanded to enable state and local government to develop and implement a sustainable housing policy that provides housing to the sector of the community that is no longer served by public housing.

Statutory Time Frames for Assessing DAs

The draft Bill proposes to amend significantly the time frames available for Council to determine development applications (DAs). Whilst these timeframes have been increased to 50 day (standard DA), 70 days (where referral to another agency is required) or 90 days (where it is an integrated DA). Council will have seven days to determine whether the application is deficient in information and reject it on that basis or within 15 days, request additional information. The catch, however, is that stop the clock provisions will no longer apply. Whilst theoretically, this sounds reasonable, in practice, it is a significant step to refuse an application because for example, it is deficient in say an acoustic report. Whilst this information is being sought and prepared by the applicant, the clock continues to run and move towards a deemed refusal even thought the Council may be dealing with the application efficiently.

Recommendation 12

That stop the clock provisions be retained.

Attachment 1

Minutes Cycleway Committee meeting 4 March 2008

MINUTES OF THE PARRAMATTA CYCLEWAYS COMMITTEE HELD IN THE BOARDROOM, LEVEL 12, ADMINISTRATION BUILDING, 30 DARCY STREET, PARRAMATTA ON TUESDAY, 4 MARCH 2008 AT 6.15 PM

PRESENT

Neville Davis (Service Manager Open Space & Natural Resources) in the Chair, Ian Macindoe, Antony DeVries, Peter Dixon (attending on behalf of Megan Kessler), Councillor Maureen Walsh (arrived at 6.25pm), Glen Elmore (arrived at 6.30pm).

IN ATTENDANCE

Danielle Sherd (Committee Clerk), Leanne Sutcliffe (Committee Clerk), David Gray (Senior Project Officer – Transport Planning), Myfanwy Lawrence (Project Officer Transport Planning).

APOLOGIES

An apology was received and accepted for the absence of Megan Kessler, Councillor Chris Worthington, Robert Catford and Richard Searle Traffic & Transport Service Manager).

CONFLICT OF INTEREST

There were no conflicts of interest at this meeting.

MINUTES

01/08 A copy of the Report of the Meeting of the Parramatta Cycleway Committee held on 10 July 2007 had previously been forwarded to each member.

Recommendation

That the Minutes of the Meeting of the Parramatta Cycleway Committee held on 10 July 2007 be taken as read and confirmed as a true record of the meeting.

BUSINESS ARISING

02/08 Bike Plan Review Draft

Staff have received the draft bike plan review from Contessa of Urban Arc Pty Ltd which they will meet in two weeks time to review and arrange for their suggested amendments to be incorporated before issuing to the committee around the first week of April. The committee will be provided with a hard copy of the draft review and will have approximately two weeks to provide comments and forward them to Myfanwy.

Action

Myfanwy will collate all committee members’ comments in document form ready for the next meeting on 6 May to enable group discussion.

03/08 Subiaco Creek/Bridge (Rheem Site)

Neville advised that the land acquisition from Rheem had now been finalised, a contractor engaged, and work had commenced last Saturday. It is envisaged the project would be completed by mid April 2008.

Neville also indicated that once the works were completed a date would be set to unveil the Bill Brewer plaque.

04/08 Missing Link on North West T Way Cycleway at Old Windsor Rd Wentworthville

As previously advised the RTA have tentatively agreed to fund this project at an estimated cost of $130,000. Council has invited three contractors to quote for the works as agreed with the RTA. One quote has been received so far and quotes close this week.

Councillor Walsh arrived 6.25pm.

Council is also waiting on a quote from Integral Energy for lighting for the missing link which is due within two weeks.

Once all quotes are received Council will undertake another meeting with the RTA.

Glen Elmore arrived at 6.30pm

Ian raised the question of whether drop down kerbs would be included in the quote and Neville confirmed they had been included.

Councillor Walsh raised the issue of the need for better public access and measures to improve public safety in the park due to its isolated location.

Neville responded that council's Community, Library and Social Services staff have been working with the police & local community groups & residents about the safety issues of this whole precinct area & will be working with us in coordinating the community consultation aspects for this proposed pathway prior to implementation.

This project also includes relocation of the sound wall barriers back to the resident’s fence line to improve cyclist’s visibility, improve passive surveillance and reduce crime in the area.

Neville also said the RTA had indicated that they were not prepared to fund the reconfiguration of the traffic lights for cyclists and pedestrians in the left hand (slip) lane.

Action

Neville to issue committee members with a copy of the police safety audit for the Wentworthville Housing Estate area.

05/08 Missing Link on Parramatta River Foreshore adjoining the Ermington Naval Stores Development

Neville advised that a section approximately 20-30 metres in length along this cycleway had been blocked off for an extensive time due to the major development project .The sign advising the pathway was temporarily closed until November 2007 was quite out of date.The project manager for Thiess had been asked to update the sign as soon as possible but it was unclear as to when it would be reopen.

Committee members advised that the fence has been knocked down and cyclists and walkers are still using the passage. The missing link is between

Nick advised the committee that he had been approached by a security officer for trespassing while recently using the area.

Neville advised that there were delays between Stockland and the Department of Defence with the handover of the project.

06/08 New pathway link between Goliath Ave & Oakes Road, Winston Hillls

Neville advised that this project was scheduled to commence shortly.

Ian requested as per minute 28/07 that Neville issue members a copy of the design.

Action

Neville to email a copy of the design to all committee members prior to next meeting.

The committee is also interested in seeing if Contessa has made any changes for Regional Route 2.

07/08 Maintenance of Local Roads

Ian queried whether potholes had been repaired in Dudley Street, Dundas.

Myfanwy said she thought the whole street had been resheeted recently but would follow this up.

08/08 Underpass at Woodville Road

(Carried over from previous minutes.)

Richard advised that council has written to the RTA but there has been no response at this stage.

Action

Richard Searle to follow-up with RTA re correspondence sent as per minute 30/07.

09/08 Parramatta Park Tudor Gatehouse

(Carried over from previous minutes)

Neville contacted Parramatta Park Trust regarding the removal of the Tudor gates. He was informed they were removed for restoration and they have now been reinstalled around July 2007.

10/08 Oakes Road Roundabout outside Baxter Pharmaceuticals

(Carried over from previous minutes)

Ian questioned on behalf of a local cyclist, Michael Gord why rumble bars had been installed on the road within the bike lanes on the southern side of the roundabout.

Richard responded that a roundabout resulted in this as cars speed up and there had been many complaints. This went through council’s Traffic Committee in January, and as it is downhill the rumble bars were installed to slow the cars down and so they can no longer avoid part of the roundabout. It is acknowledged that bikes share this area with the cars.

Action

Neville to action the following three points:

1. Ian requested that Contessa of Urban Arc Pty Ltd have a look at this problem is conjunction with the Bike Plan Review.

2. Richard suggested logos and roundabouts – refer to Contessa

3. Pam suggested that signs stating ‘beware - cyclists merging’

ACTONS & WORKPLAN – PROJECTS & OUTSTANDING MATTERS

11/08 Item No. 4 – Elizabeth Street Footbridge

(Carried over from previous minutes)

Robert requested an update when work will be completed on either line marking or suitable signage commence on the Elizabeth Street Footbridge as the original target date was June 2007.

Action

Neville to followup as per minute 35/07.

(Carried over from previous minutes)

There are also loose pavers on this section as the path leaves the bridge to go up Phillip Street.

Action

Neville to followup as per minute 35/07.

12/08 Cycleway connection between Westfield Shopping Centre & Parramatta Park

(Carried over from previous minutes)

Committee advised there is no off road cycle path into the Tudor gate entrance to the park. They feel that Pitt Street entrance would be the most practical

route into the park. The second alternative would be to come down Hunter Street.

Action

David to contact Chris Lawlor in relation to land ownership of Hunter Street carpark.

GENERAL BUSINESS

13/08 Invitee to Cycleway Meeting

Myfanwy suggested that the committee invite Alex Unwin, CEO of Bicycle NSW to attend a future meeting.

Committee agreed to this once the Bike Plan Review has been completed.

14/08 Urban Arc Pty Ltd – Consultancy engagement for Bike Plan Review

Councillor Walsh discussed the progress of the Bike Plan Review and indicated she had the consultation methods to date as unrewarding and is not happy with the process or progress

Neville suggested he would get Contessa to contact Councillor Walsh directly to arrange a meeting to confer about the matter and so she had an opportunity for further input. This was agreed.

Action

Neville to have Contessa contact Councillor Walsh directly.

15/08 Ride to work incentives

Peter advised the committee that his employer (Department of Environment & Conservation) company is running a competition between the three Parramatta branches to see which branch has the most staff cycling to work and wanted to know if Council would be interested in a similar project. He left his business card with Myfanwy to pass onto Chris Browne, Sustainable Transport Officer.

16/08 NSW Spring Cycle

Councillor Walsh mentioned that possibly council could look at sponsoring a drink stand at this event when it has been confirmed.

Myfanwy informed the committee she had suggested to Bicycle NSW that UWS could host a drink station

Action

Myfanwy to keep committee members updated on developments with this event.

17/08 Bike route - Guildford Road, Guildford

As Guildford Road is quite unsuitable as a designated cycleway the committee agreed an alternate route should be included in the bike review.

The first choice is Mountford St and then the laneway.

Action

Neville to contact Jim Stefan, Manager Capital Projects regarding this.

18/08 Proposed pedestrian overbridge for Silverwater Road, Ermington

Brief discussion was held about the need for a pedestrian crossing at Silverwater Road to cater for cyclists.

Action

Myfanwy commented that at the last Parramatta Traffic Committee Meeting there was a mention of stairs and a lift but no ramp.

19/08 Granville Railway Station

Councillor Walsh advised the committee that the railway station was being upgraded and that she would like confirmation that the north side of the station would have bicycle racks.

David Gray advised that this has been included in the proposed upgrade.

20/08 John St Ferry Wharf Rydalmere - Bollards

Nick advised that Pam had made comment that the bollards at Rydalmere Wharf were a hazard to cyclists as they are the same colour as the path.

Action

Myfanwy to follow-up.

The meeting terminated at 8.15 pm.

Attachment 1

Summary Report

INTEGRATED MONITORING FRAMEWORK SUMMARY REPORT TO ORGANISATION

Privacy Act

ORGANISATION	Parramatta City Council
NAME OF KEY OFFICER	Ms. Julie Williams
TITLE	Home Support & Community Services PROGRAM MANAGER
SITE & SERVICES REVIEWED	Parramatta City Council, Council Chamber Building, Level 1 Civic Place 1. Peer Support 2. Parramatta Food Services – Meals on Wheels 3. Carers Support 4. Aged and Disability Worker Role 5. Social Support Services - Granville Neighbour Aid - Holroyd Neighbour Aid - Dundas Neighbour Aid
DATE REVIEWED	29^th and 30^th August 2007
REPORT SUPPORTED (SIGN AND DATE)

DADHC REGION	METRO NORTH	IMF identifier number
DELEGATED REGIONAL OFFICER	Melissa Thatcher – PROJECT OFFICER PQI
DELEGATED REGIONAL MANAGER	DAVID COYNE
TITLE	Deputy Regional Director
SIGNATURE

REPORT FOR PARRAMATTA CITY COUNCIL

The following report has been developed based on the self-assessment completed by Parramatta City Council and the information obtained during the on-site review. Five services were reviewed; Peer support service, social support service, Ageing and Disability role, Carers Support service and Meals on Wheels service.

DOMAIN

AND KPI

KPI SUMMARY

RATING

GOVERNANCE – 1.1.1

Leadership at all levels of the organisation provides direction and guidance for achieving the organisation’s goals.

Organisational direction and goals are developed and monitored through the Parramatta City Council (PCC) 2025 Vision strategy. PCC have a 5 year corporate strategy and implementation plan that links to the 2025 Vision. PCC will be moving away from developing social plans; however they currently have a social plan which provides further direction for the Home support and Community Services team. The Home Support and Community Services team has a positive ageing strategy which is developed for people over 55 years of age living in the Parramatta community.

Plans are developed with extensive community input, client consultation days, internal staff, and working groups, resident panels, research and service mapping within the council. Annual surveys are sent to clients, which feed into all service planning. Annual planning days are conducted to develop goals that meet the 2025 Vision strategy. All plans a re monitored and reported on a quarterly basis, ensuring the goals are being met. Each team review their goals against KPI’s which are reported to management, management present reports at council meetings. Management plans developed yearly are put on public exhibition for comment.

Staff and volunteers are supported by Council and management to achieve goals through “open door” policy, encouragement to attend seminars and workshops to develop their skills and gain knowledge of other practices. There are clear line management and delegations. Information is disseminated through ‘Cascade’ PCC’s internal newsletter. All staff receive training on how to complain and make suggestions to management. PCC has a priority to improve workplace culture, staff were able to describe the process in place where each team member assess workplace behaviour within the team and feedback to management, creating an open workplace where team develop agreed values and business behaviours and receive ongoing training and development in workplace culture. PCC have a mentor policy, and deploy HR polices including supervision, appraisals and competency assessments to support and guide achievement to the organisations goals.

MET

GOVERNANCE – 1.1.2

The organisation demonstrates compliance with all relevant legislation and regulations.

PCC adheres to all relevant legislation and regulations relevant to the organisation and services they provide. As a local government entity, they adhere to the Local Government Act. Human Resources have the responsibility to ensure implementation, compliance and monitoring of all HR related policies such as recruitment, EEO, Discrimination etc and ensure managers implement these policies. Council employs a Occupational Health and Safety officer who is responsible to ensure compliance to risk management, hazard reporting, safe work practices. Councils finance department ensures compliance with accounting standards, ensuring internal and external audits are conducted. Monthly and quarterly reports are generated to ensure effective financial management. Compliance with acquittal procedures are adhered to. Council has all relevant certificates of insurances. Council employs an insurance officer who has responsibility and has processes in place to monitor the compliance and renewal of certificates.

Managers ensure staff are familiar with the funding agreements with DADHC. Legislation and regulations are included in staff & volunteer orientation and training. There is code of conduct training for all staff that includes legislation and regulation requirements. A training register is kept for all staff to ensure the required training is attended. Required training modules are linked to all staff KPI’s. Relevant documents sighted at review.

MET

GOVERNANCE – 1.1.3

Policies and processes are developed to support the organisation’s service delivery.

PCC has key policies and procedures in place including: Policy and Procedure Manuals, Human Resources policies and procedures, Code of Conduct, Privacy Management plan, Compliments and Complaints, DADHC funding agreements and guidelines, Disability Service Standards, HACC National Standards, DADHC policies, 2025 Vision Strategy, PCC Management Plan and Social plan. These documents were cited on the day of the review.

PCC has a number of strategies in place to monitor and review policies and procedures. Council has a Policy Review Officer to ensure systems are in place and are up to date. PCC review policies and procedures on a yearly basis and are endorsed by the HR team and the relevant unit manager, the reviewed policies and procedures are endorsed by workplace reform committee. Mechanisms are in place to review policies and procedures earlier than the scheduled date, staff provided examples of where there is an identified gap, changes in legislations and through continuous improvement cycle. PCC have appropriate document control mechanisms in place to ensure staff are working from the most up to date and relevant documents. Review of procedures include a range of consultation methods including; community consultations, advisory committee meetings, surveys and feedback from staff, clients & volunteers ,team meetings and planning days. When necessary, working groups are formed to review policies and ensure they meet legislative requirements.

Policies and procedures are stored electronically on the intranet. Each unit Manager holds a policy and procedure manual. Council notifies staff of any policy changes through email and weekly cascade briefings. Policies and procedures are discussed at staff meetings specifically if issues arise or changes have occurred.

MET

GOVERNANCE – 1.1.4

Appropriate accountability mechanisms are in place.

Council meets accountability and reporting requirements by providing an Annual Statutory Report as per the Local Government Act and accountability and reporting requirements to the public. They provide MDS, annual returns and acquittals to meet DADHC contractual requirements, they have Quarterly Financial Reviews with external financial audits and business reports are presented at Council meetings. PCC use Information technology, CRM system to track complaints ensuring accountability. PCC have service audit review team responsible to ensure internal and external accountability requirements are met.

Discussions with management at PCC on the day of the service review show a strong understanding of accountability mechanisms in place.

Lines of authority and delegation are clearly outlined in the organisation chart. Lines of delegation are stated in position descriptions and discussed with team leaders. PCC have processes in place for senior manager’s performance to be reviewed against work plans which link to the management plan. New staff are provided with an orientation that includes a checklist identifying line management. Volunteers are also given an orientation checklist outlining who they report to and gain support from.

MET

MANAGEMENT, SYSTEMS AND PROCESSES – 1.2.1

The organisation has practices in place to ensure planning, evaluation and improvement of service delivery.

PCC use a number of mechanisms to assess and review community need to inform planning. These include community consultations, external consultations, referrals, surveys, waiting lists, regional forums and interagency meetings. PCC’s Home and Community Support team work closely with PCC Community Capacity Building team and advisory groups such as the Arabic Advisory group.

PCC build data from any identified gaps and issues which then informs service delivery. These strategies have has resulted in building stronger partnerships with other service providers to deliver quality comprehensive services to clients for example transport services. Examples of where gaps were identified and addressed through planning and reviewing services include the development of a positive ageing plan, introduction of massages to over 55 program and changes to social support group activities.

MET

MANAGEMENT, SYSTEMS AND PROCESSES – 1.2.2

Information is collected and utilised in line with privacy provisions and in the interest of clients.

PCC have a privacy management plan which is provided to all staff and volunteers at their orientation and induction by their supervisor. This plan aligns with the Privacy and Personal Privacy Act. All staff and volunteers undergo mandatory Privacy training. Files are locked in a secure filing cabinet and PC’s are password protected.

Clients are informed of their right to privacy and access to information through the CIARR referral form and are given an access to information brochure (sighted).

Client consent is obtained before client files or client information is released. (Files reviewed included signed consent). Clients are informed of how the information will be used and their rights both verbally and in writing (brochure). PCC are in the process of reviewing all forms and procedures to ensure they are in line with the Privacy Act.

MET

MANAGEMENT, SYSTEMS AND PROCESSES – 1.2.3

Risk management is an integral part of the organisation’s operations.

Risk management is an integral part of PCC systems. Management has a demonstrated understanding of the risk management process PCC has in place to ensure long term sustainability, including managing and identifying risks through conducting risk assessments of OH&S inspections through OH&S committee, financial audits/reports, Human Resources support/auditors. Documents sighted included OH&S inspection, financial report and accident/incident & hazard from.

Staff and volunteers undergo training in safe working procedures, identifying hazards and reporting processes, and manual handling. Staff and volunteers also undergo a site induction. Emergency procedures are displayed appropriately and regular fire drills are conducted.

Quality of services delivered by a third party are monitored and reviewed regularly and a procurement policy is in place. PCC has a good practice of conducting contractor checklists. Regular feedback is sought from the services provided by client contact and surveys.

MET

MANAGEMENT, SYSTEMS AND PROCESSES – 1.2.4

The organisation encourages open communication /feedback from stakeholders in meaningful and appropriate way.

PCC are committed to continuous improvement, feedback is regularly gained to improve services. This is underpinned by planning and evaluation of services and the complaints and appeals policies. Formal and informal feedback is provided by staff, clients and volunteers through meetings, surveys, community meetings and an open door approach. A grievance policy is in place.

Communication and feedback gained by the community and staff are used to inform service delivery. PCC also respond to feedback by providing written and verbal responses direct to stakeholders. PCC have a robust system of dealing with complaints and suggestions where they are logged and tracked through their IT CRM system.

There are a number of systems in place to communicate with staff, clients and stakeholders these include: Advisory committee meeting minutes distributed to staff, staff and team meetings, internal newsletter of ‘cascade’. (Documents sighted). PCC communicate with stakeholders and clients via newsletters, brochures, client booklets, Website, and community consultations. PCC also modify communication to make services accessible to CALD target groups by use of interpreters and translating brochures into different languages. PCC also translate newsletters into tape/disc for visually impaired.

PCC identified through the self assessment a way they could improve strategies for communicating with clients and stakeholders was to translate client booklets which include information on how to give feedback and make a complaint into different community languages reflective of client group and into pictorial format.

Action

Service specific client information booklets which include Rights and responsibilities, privacy information and how to make a complaint to be translated into different community languages reflective of the demographics of client group and pictorial format.

Partially Met

WORKFORCE DEVELOPMENT – 1.3.1

Human resource management is an integral part of the organisation’s planning.

PCC has a Human Resources department and a specific officer employed to support management and staff. A specific Human Resource Policy & Procedures Manual has been developed to assist Managers and Supervisors to fulfil this part of their roles. The manual was sighted on the day of the review.

HR Policies link to organisational goals including the organisational chart, line management, position descriptions, recruitment policy, code of conduct, OH&S, incident management, learning and development and performance development reviews. These all link to PCC 2025 Vision strategy and management plans. PCC are committed to the well being of staff and have introduced the Employee Assistance Program.

Recruitment procedures meet legislative requirements incorporating Anti Discrimination Act, EEO, Child Protection screening, reference checks and recognition of volunteers.

Management were able to demonstrate an understanding of PCC recruitment policies and described that the HR recruitment processes enforces EEO practices in that, to be on a selection panel all staff needs to undergo training, an independent is on interview panels, involved in reference checking and the short listing process. PCC need 3 delegated signatures prior to hiring candidates (evidence sighted).

MET

WORKFORCE DEVELOPMENT – 1.3.2

Training and development is available to staff as appropriate to the organisation’s goals.

PCC ensures their staff are appropriately skilled and competent by developing position descriptions that are reflective to meet the goals identified in the management plan. Selection criteria for recruitment are used ensuring appropriate qualifications and skills as well as appropriate position descriptions for volunteers.

There is an allocated budget of $400 per person for training and development as well as internal training such as IT and Customer Service and the opportunity to attend relevant forums and seminars. eg HACC forums. PCC deploy a practice where staff who attend training is shared with other relevant staff members on completion of the training. (PCC training plan was sighted). PCC also hold monthly training sessions for volunteers which are compulsory.

Competency assessments are conducted with all staff (sighted) and performance reviews are used to identify training needs. Staff confirmed that Council are supportive and proactive in terms of learning and development opportunities. Other ways PCC develop knowledge of staff and volunteers is through communication through newsletters, literature, internet, professional associations and involvement in working groups/forums.

MET

ACCESS – 2.1.1

The organisation ensures information on services and programs is available in the community.

Information is made available to the community through a number of mediums. PCC hold information stalls regularly in Parramatta mall. Council distribute information packs to potential clients, families, hospitals and ACAT. PCC distributes newsletters, information is held at the library and local advertising of services is conducted.

PCC show a strong commitment to ensuring all their services are accessible to CALD communities. PCC present and inform community about services at the Australian Centre for Languages on a quarterly basis. Service brochures are translated into different languages reflective of the demographic profile of the Local Government Area.

Eligibility and entry criteria for all five services are communicated in the Home Support and Community Services brochure and client information booklet. Eligibility criteria are identified in the Policy & Practice Manual. PCC have a policy in place for clients who are financially disadvantaged; however this is not communicated to the community or potential clients through brochures/documents.

Access to services for all client groups is ensured by the design of the building eg: ramp access, toilet access and operating times. The Peer support program ensures that activities held/attended to in the community are physically and financially accessible to clients.

ACTION: Service brochures for programs which have a fee attached (Peer Support, Meals Service, and Neighbour Aid Services) to be revised to include communication regarding fees policy. i.e sentence reflecting financially disadvantaged will not be refused service.

PARTIALLY MET

ACCESS – 2.1.2

Clients have fair and equitable access to services and resources.

PCC have clear processes documenting the entry, exit and re-entry criteria for access to Peer Support, Meals Service, Carer Support and Neighbour Aid services. Criteria based on HACC guidelines and people living in the Parramatta LGA. Clients may exit and re-enter services at any time without penalty. The CIARR is used for most referrals; there is a clear criteria and checklist that is used to determine entry and eligibility for the services. Staff were able to describe that they will always refer client to appropriate service should they not meet eligibility of PCC services. PCC has a strong commitment to ensuring services are accessible by special needs groups where services are planned with data based on demographics of the LGA , service gaps and needs. All Staff undergo cultural competence training to ensure equitable service delivery on a non discriminatory basis (training records sited). Clients are advised of their right to access an advocate and are provided with a list of contacts if required. All services have a fees policy in place.

Prioritising need and allocating resources:

Peer Support

· This service is set up specifically for people with a disability.

· Use a priority rating form for enquiries and to manage waiting lists.

· Work in collaboration with Community transport to enable services to be delivered.

Meals on Wheels

· Clients are not refused service as sufficient stocks to cater for immediate requests for service

· Clients are supplied with a meal package list where they are able to choose their food preferences.

Carers Support

· Service is promoted through brochures, service providers, ACAT, networks etc.

· Eligibility is determined by assessing need and eligibility to the service

· All eligible carers are supplied with an information kit ‘Carers NSW‘which is supplied in different languages.

Neighbour Aid Services

· This service has a clear transparent priority list for clients waiting for service

· Each client is assessed based on need and individual interest in order to match appropriately with volunteers.

Aged and Disability Worker Role

This role is information and referral an as such does not have exit and re-entry applicable. This role attends forums, activities regional disability network, dementia network and various HACC networks in order to identify gaps in service delivery and plan for strategies to meet needs. The work plan is based on identified need for the year.

MET

ACCESS – 2.1.3

Clients are aware and understand the services and programs provided.

PCC have a well developed system of informing clients of the range of services available. All clients are provided with a client information handbook and service brochures. The Coordinator of services also explains verbally. Each client receives an information kit which contains a list of services clients can access in the local area. It also includes information on their rights and responsibilities and the complaints policy.

Clients are advised that if they have any concerns with any of the services they can raise it with the coordinators.

The Aged and Disability Worker role provides information on range of services at forums, and network meetings. HACC statement of rights and responsibilities is provided.

MET

INDIVIDUAL AND GROUP PLANNING – 2.2.1

Clients participate in the design and planning of their services and programs.

PCC utilise the CIARR for all services and assessment procedures are outlined in the Policy and Practice Manual. All services conduct annual surveys which inform planning for service delivery for the next year.

Peer Support

- Referrals are received and the need for an advocate is established prior to the first meeting.

- Clients are involved in establishing their individual goals where social and personal needs are outlined. Clients and/or advocates sign off on the involvement and agreement in their goals.

- For group social activities, all clients are involved in deciding what activities are undertaken throughout the year and clients are supported individually in voicing their opinion and choice throughout the process.

- Client’s individual plans are reviewed and monitored on an annual basis (sighted).

Meals on Wheels

- CIARR is used for referrals and individual needs entered into the Meal Management Program. This identifies specific needs such as dietary needs as well as logistical needs. Clients are referred to other services as required.

- Menu is determined and agreed along with the number of days and recorded.

- Client needs are monitored by volunteers and annual surveys. If client needs have increased than the volunteer refers to coordinator who will make appropriate referrals as necessary.

Carers support

- Referrals received and assessment occurs. Many of the enquiries initially are one off questions and therefore may not become ongoing clients as support is not needed, information only. A person becomes a client as they become engaged in different service aspects.

- The nature of this service is individualised as information and support is given based on what the carer needs.

- A nine session course has been developed which clients are encouraged to attend and each support group is focused on issues pertaining to individuals.

Neighbour Aid Service

- Assessment for this service occurs at the client home using the CIARR and OH&S checklist is completed also.

- PCC also facilitate group activities of Morning Melodies and Funtastic Fridays, these are run by the clients themselves to encourage natural relationships.

- Individual client files will be developed in the same manner as for the other service types.

Aged and Disability Worker Role

This KPI does not apply as it does not deal with individual client delivery.

MET

INDIVIDUAL AND GROUP PLANNING – 2.2.2

Effectiveness of service provision is regularly assessed and reviewed.

PCC have met all Key Performance areas for this area. Service provision is assessed and reviewed by both formal and informal methods. Progress notes are kept on clients. Client plans are reviewed annually and processes are in place to reassess earlier if needed. Volunteers are trained to recognise for changes in behaviour and condition and follow established process for dealing with this. Should client need change and more services are needed, they will be referred to relevant services. Annual client and staff surveys are a mechanism by which PCC respond to client changing need and there were examples sighted on the day. E.g. for the Neighbour Aid services, Funtastic Fridays was initiated as a result of client feedback. Meals on Wheels service and menu change as client dietary need change.

Staff were able to describe how client feedback contributes and is a part of yearly team business planning.

Client, internal PCC teams and external HACC services and Disabvility services feedback is used to inform the Aged and Disability Worker role work plan yearly.

MET

INDIVIDUAL AND GROUP PLANNING – 2.2.3

Coordinates referral, transition and ensures follow-up processes are used to enhance client outcomes.

PCC provide all clients with a list of services available in the local community which is included in the client information pack. Clients are informed of services via the Home support and Community Newsletter. Staff keep abreast available services through attendance at various forums including; Disability, Respite, Carers, Neighbour Aid and MOW forums and transport Networks. PCC work closely with other agencies in local area to ensure best outcomes for clients. Staff work in collaboration with other service providers such as DADHC, ACAT and Baptist Community Services to ensure service delivery to clients.

Aged and Disability Worker Role attends meetings to network and gain awareness of services available. These include Community Care forum, HACC forums, Community Wheels, interagency meetings, Western Sydney Community Forum, NCOSS, and other local councils. This role disseminates information to the sector and potential clients through consultation papers, research documents, training and professional presentations.

The referral process is outlined in the Policy & Procedures manual. Client consent is obtained prior to any information being referred. Coordinators will then investigate available services and assist the client to self refer or when needed make referral and follow up with client as to the progress and outcome of the referral/ transition.

The exit procedures are detailed in the Policy & Procedure Manual and the client information handbook. PCC staff will discuss with individual client and/or other services where necessary and in writing.

MET

DELIVERING SERVICES – 2.3.1

The organisation is able to demonstrate compliance to service specific legislative and DADHC policy requirements.

PCC ensures all services conform to legislative requirements as per the Local Government Act. They are aware of DADHC requirements and provide data for acquittals, MDS reporting, comply with HACC Guidelines and the Disability Standards Act. Service brochures (excluding Meals on Wheels) do not include the HACC logo and requirement of acknowledging the funding sources on advertised material.

Specifications and guidelines that are adhered to include:

The ANZA Food Standards, Nutrition Requirements of NSW Meals on Wheels, Dietary Guidelines for older Australians, Abuse Protocols, Dementia training and Nutritional Needs of Housebound Elderly, Volunteer Standards and Privacy Act.

Risk Management processes are in place with Parramatta City Council regularly completing risk assessments for all services. OH&S committee regularly conduct safety checks, for the Meals on Wheels service kitchen health audits are conducted and financial team provide managers with monthly budget expenditure. HR recruitment policies include criminal records checks for staff and volunteers. All staff and volunteer induction include OH&S, incidents and hazard training.

Special needs groups are identified in the Policy & Procedures Manual and are considered by each of the services in accommodating their needs. eg: access ramps and accessible lift, variety in menu for Meals on Wheels. Each service includes special needs such as disability, literacy and cultural needs through individual care plans and meal plans. PCC have a fees policy which addresses cost relief for financially disadvantaged

Aged and Disability Worker Role

Special needs groups are assessed through social planning process via needs assessments. Strategies and action plans are compiled and incorporated in to the Aged and Disability Roles work plan. PCC identify and include the social, political, economic, geographic isolated groups of the Parramatta LGA along with Disability and HACC target group in the annual work plan.

Action

For all HACC service brochures and promotional material, ensure the appropriate recognition of HACC funding source is acknowledged.

PARTIALLY MET

DELIVERING SERVICES – 2.3.2

Service delivery maintains and promotes health and wellbeing.

PCC promotes the health and well being of their clients by including Healthy lifestyle topics in their newsletters and social groups.

PCC have procedures in place for volunteers when they identify/recognise a change in need and a reassessment is conducted with the clients to address any further need. PCC follow up on hazard, accident & incident reports. They deliver a number of services and programs to increase the well being of their clients such as massage classes.

There are clear guidelines for staff and volunteers that identify that they are not responsible for administering medication.

Peer Support

This program includes social outings. Health risks to clients when on an outing (e.g. a Seizure) is managed through following the procedures by calling an ambulance. The service has a list of medications that each client receives that is taken on all outings, whereby if needed; the appropriate person can administer medication. However there is no current legal guardian approval for administering medication.

Action

Update medication list form by including client/advocate/parent/guardian signature and approval to administer the medication.

PARTIALLY MET

DELIVERING SERVICES – 2.3.3

Services and programs are developed to assist clients with behaviour support.

PCC have policy in place which is underpinned by DADHC’s policy ‘The positive approach to challenging behaviour – policy and guidelines’. PCC have a risk management procedure which outlines dealing with emotional behaviour. PCC behaviour support policy was sighted on the day of review for the peer support program. Clients are made aware of their responsibility to act in an appropriate manner through their ‘rights and responsibilities’ handout.

Staff and volunteers are aware that when a change in behaviour is identified that they make a referral to the mental health team and work collaboratively in managing the clients program. PCC have identified a need to include training to all volunteers in identifying changes in behaviour and nutrition.

Action: Include in staff and volunteer induction training a module that covers identifying and dealing with changes in behaviour. E.g. mental health training or training on DADHC policy ‘Positive approach to challenging behaviour’.

PARTIALLY MET

DELIVERING SERVICES – 2.3.4

Services are provided to assist clients to remain independent and participate fully in the community.

PCC has met all the key performance indicators in this area. PCC utilise principles of Social Role Valorisation which underpin all policies and procedures. All activities undertaken promote value, growth and individuality.

Peer Support program

All group activities are decided upon by clients and conducted in the community. New venues are subject to a risk assessment identifying OH&S risks prior to the venue being used. Outings are held on Tuesdays, Thursdays and Saturdays and have included trips to the theatre, restaurants and sporting events.

Meals on Wheels

Nature of this service is to assist clients to remain living independently by providing prepared nutritional meals at their home. MOW service is about to change suppliers of meals to flagstaff. Clients were consulted in this process and agree that this change will allow greater choice to clients in the meals they will receive. Clients are informed of community activities such as senior’s week, festivals and other activities through the organisation’s newsletters.

Carers Support

Carer support program assists the carer in caring for clients which supports the client to live independently in their home longer and maintain the primary carer/family relationship. The carer support program provides support in many ways, including support over the phone, providing information and referrals. This program also provides a well developed and successful course for carers delivered over nine sessions including topics of: Impact of care giving, Loss, Family Networks, Listening and Communicating, Building Confidence, Recognising and Managing Stress, Knowing resources and how to use them, Looking ahead and Planning for the Future, and Carers Choice. Seminars also include information sessions to Carelink and Centrelink.

Neighbour Aid

This service provides primarily social contact for people living at home within the community and with social contact being main service, can provide basic maintenance of letter writing, filling out forms, and transport to medical appointments for the purpose of social support and recreational outings, allowing clients to remain living independently and participate in the community with minimal support. Discussion with a volunteer on the day demonstrated an understanding of their role and importance of social support and contact for the clients of the service.

PCC promote and encourage maximum participation of clients in their service goals and individual care plans and also promote the use natural supports within the community. PCC encourage clients to use community facilities and interaction within networks through promotion in newsletters and seniors activities and increase knowledge of clients through seminars such as healthy ageing. The coordinators also encourage client and family links however if the client is socially isolated they encourage use of Carelink for increased independence.

MET

DELIVERING SERVICES – 2.3.5

Indirect services.

PCC has met all the key performance indicators in this area. Indirect services are clearly defined and input is gained through a wide range of mediums to develop and review the Aged and Disability Worker Role work plan. The work plan is administered across different teams within Parramatta Council and inputs into councils Positive Ageing Plan.

PCC consider the residents of Parramatta LGA to be clients and stakeholders. In particular for the Aged and Disability Worker role, the aged, people with a disability and their carers and families, the social, political, economic and geographically isolated. Other stakeholders include ACAT, health services, families, community members, DADHC, CALD groups, ATSI groups and professional associations.

The Aged and Disability Worker role’s success is measured through the work plan and developed through Parramatta Council’s Social Plan, positive Ageing Plan and Management Plan. Quarterly reporting and planning occurs for this role and is evaluated yearly which then feeds back into the overall business plan.

The work plan is driven by community need and various committees feed into the plan such as Advisory, Access, Safety, Multicultural committees. The Aged and Disability Worker Role also attend meetings and networks which is an avenue for providing feedback. Stakeholders and client input into the development and review of the work plan through community consultation of surveys and focus groups for the councils’ social plan and management plan.

MET

NETWORKS AND PARTNERSHIPS – 3.1.1

The organisation participates in evaluation and improvement activities to expand the knowledge of the sector.

Parramatta City Council participates in a number of activities to expand the knowledge of the sector. These include: staff participating in DADHC consultations, participation in cultural competence administered through University of NSW, attend HACC forums, Neighbour Aid forums, and Disability forums. PCC have an association with the multicultural food Network, meals on Wheels Association, Carers NSW and Alzheimer’s NSW.

PCC have well developed partnerships with Parramatta Leagues club, local clubs, and CDSE clubs to gain grants, Dept. housing, DADHC, older women’s network and key people within the community along with identified key residents within the community to engage in consultations and assist with service delivery. For example a key local resident is involved with ‘Men’s Shed’ project to develop groups for older men in the community.

PCC have incorporated many of the research projects and information gained from various networks into improving service delivery. For example cultural awareness training and cultural competence has been introduced.

Council’s community consultations and ABS data research are incorporated into the council’s management plans. These plans are monitored and reported on regularly.

MET

NETWORKS AND PARTNERSHIPS – 3.1.2

Able to demonstrate collaboration with stakeholders and other agencies to improve outcomes for clients, communities and the sector.

PCC are committed to continuous improvement and encourage staff to be involved in networks to promote improved service delivery where time is allocated for staff to attend meetings and participate in forums. PCC have an allocated allowance to for training days and host forums. The Home and Community Support team works in collaboration with the Community Capacity Building team on joint projects.

Information gained from attending meetings, forums and conferences is provided to staff through staff meetings and also informally. A change to policy and procedures from information gathered is disseminated through Council’s intranet and internal communication systems.

As identified previously staff work collaboratively with a number of organisations to improve the outcome for clients. Advice and support is also provided from organisations such as: NSW Meals on Wheels Association, Carers NSW, Neighbour Aid association, Alzheimer’s NSW, Dieticians, Legal services, Centrelink, Northcott Society, Baptist Community Services, Vision Australia, and ACAT.

MET

ORGANISATION SUMMARY

Parramatta City Council has a resident population of 151, 860. The council is committed to providing their clients with appropriate programs and services to meet their needs. Parramatta Council’s Home and Community Support team is well established and provide a quality Peer Support Service, 3 Neighbour Aid Services, Carer Support service, Meals on Wheels service and Aged and Disability Worker Role to the HACC target group in the Parramatta LGA.

Parramatta City Council performed consistently well across all domains of the service review.

The services delivered by the Home and Community Support team are being run effectively and efficiently to meet the community need. It appears that the services and staff are well supported by a good governance structure and clear leadership provided by Council. It was well demonstrated on the day of the review that Council’s management and staff are committed to the continuous improvement of services and quality service delivery to clients. They do this via extensive consultations and developing a 2025 Vision Strategy supported by Management plans and Positive Ageing Plan, which includes a number of strategies to meet the need of the specific target groups.

Staff and volunteers expressed satisfaction with the support and training opportunities provided by Parramatta City Council and were able to articulate how the work they carry out meet Parramatta City Counil’s goals.

Review of client files supported that the procedures Home and Community Support team have in place are adhered to and are working well. Review of satisfaction surveys indicated that clients are very satisfied with the services they receive.

Staff and management were able to demonstrate their involvement in the sector through attendance at interagency forums, advisory committees and participation in working groups and research projects.

The service review highlighted some areas requiring minor improvement that have been included in the action plan below.

ACTION ITEMS

The action items below have been identified in the self assessment and on-site review as areas of improvement. These items will form part of the action plan to be developed by Parramatta City Council. The action plan will need to be developed within 4 weeks of receiving the endorsed Summary Report. The action plan will be returned to Ms Melissa Thatcher, Project Officer PQI Parramatta.

Action Item

Management, Systems and Processes – 1.2.4

Service specific client information booklets which include Rights and Responsibilities, Privacy information and how to make a complaint to be translated into different community languages reflective of the demographics of LGA.

Access - 2.1.1

Service brochures for programs which have a fee attached (Peer Support, Meals Service, and Neighbour Aid Services) to be revised to include communication regarding fees policy. i.e sentence reflecting financially disadvantaged will not be refused service.

Delivering Services – 2.3.2 – Peer support service

Update medication list form by including client/advocate/parent/guardian signature and approval to administer the medication.

Delivering Services – 2.3.1

For all service brochures, ensure the appropriate recognition of funding source is acknowledged.

Delivering Services – 2.3.3

Include in staff and volunteer induction training a module that covers identifying and dealing with changes in behaviour. E.g. mental health training.

Attachment 2

CSAC Minutes 12 March 08

MINUTES OF THE COMMUNITY SAFETY ADVISORY COMMITTEE MEETING HELD IN MEETING ROOM 3, GROUND FLOOR, COUNCIL CHAMBER BUILDING, CIVIC PLACE, PARRAMATTA ON WEDNESDAY, 12 MARCH 2008 AT 5:37 PM

___________________________________________________________________

PRESENT

Mark Phillips (Chairperson), Christine Bearle – Guildford & District Chamber of Commerce (in at 5.46pm), Ken Harvey (in at 5.48pm), Patricia Smith – Department of Housing, Chris Bertinshaw – Parramatta Mission and Senior Constable Garth Neale – NSW Police.

IN ATTENDANCE

Jane Lowe – Community Place Development Officer, Donna Mosford – Community Capacity Building Officer and Michael Wearne – Administration Officer.

1. WELCOME

The Chairperson Mark Phillips welcomed everyone to the meeting and thanked them for attending.

2. APOLOGIES

Apologies were received and accepted for the absence of Peter Gilbert– Parramatta Community Health Centre and Neile Robinson – Place Manager.

3. CONFLICT OF INTEREST

There were no declarations made regarding Conflict of Interest at this meeting.

4. CONFIRMATION OF MINUTES

A copy of the minutes of the meeting of the Community Safety Advisory Committee held on 30 January 2008 had been forwarded to each member with the Agenda prior to this meeting.

RECOMMENDATION – (Garth Neale/Chris Bertinshaw)

That the minutes of the meeting of the Community Safety Advisory Committee held on 30 January 2008 be taken as read and be confirmed as a true record of the meeting.

5. PARRAMATTA BAIL COURT LETTER UPDATE

Donna Mosford provided a copy of the letter requesting the name change of the Parramatta Bail Court. Donna informed the Committee that the letter was signed by the Lord Mayor – Councillor Paul Barber, and sent to the Minister for Justice, the Honourable John Hatzistergos. Similar representations to the Minister for Justice have also been made by the Parramatta Chamber of Commerce.

Parramatta City Council’s letter referred to concerns raised by the Community Safety Advisory Committee and has suggested that the name be changed to the Sydney West Bail Court.

Donna will advise the committee when a response is received.

6. CITY CENTRE CRIME PREVENTION PLAN SUBMISSION

Donna Mosford has emailed a copy of the Community Safety Advisory Committee’s submission to the draft City Centre Crime Prevention Plan, to each Committee member.

Neile Robinson advised Donna that only two submissions were received over the exhibition period. These included the Committee’s submission and a submission from the NSW Police. The Committee expressed concern about the lack of public and business response to the draft Plan.

The submissions will be compiled and included in a report to the Council Meeting on the 25 March 2008. Subject to the Report’s approval by Council, it is expected a launch of the Plan will take place shortly. Community Safety Advisory Committee members will be invited to attend.

7. BUREAU OF CRIME STATISTICS – LOCAL GOVERNMENT REPORT

In relation to the graffiti issue that Ken Harvey brought up at the previous meeting, Donna Mosford told the committee that the Council Officer working towards developing a graffiti strategy is currently unwell. Donna will update to the committee when the Council Officer returns to work.

Donna also mentioned that the new Crime Prevention Officer, as referred to in the City Centre Crime Prevention Plan, may be responsible for managing graffiti issues in the future. However, there is no confirmed date for employing the Crime Prevention Officer at this stage.

8. POSITIVE IMAGES OF PARRAMATTA PROJECT – UPDATE

Jane Lowe gave an update on the “Positive Images of Parramatta Project”. The endorsed information sheet has been sent to all Advisory Committees for inclusion on their agenda. Either Donna or Jane will attend each of these meetings, gather information and report the findings back to this Committee.

The Committee agreed that positive images and stories received through this project could be highlighted at the Launch of City Centre Crime Prevention Plan, subject to their approval by the Committee.

All Advisory Committees have been asked to contact Jane if they have any enquires. Jane is hoping to have some information to distribute to the Committee by the June Community Safety Advisory Committee meeting.

9. POLICE INFORMATION SESSIONS – UPDATE

Garth Neale advised the Committee that the Information Sessions about different types of crime being held in the Parramatta Central Library are being organised by the Ethnic Liaison Officers from the Parramatta Local Area Command. Garth has some tentative dates for the Information Sessions and will email them out to the Committee.

10. GENERAL BUSINESS

10.1 Right of Way on Footpaths

Ken Harvey asked the Committee about who has the right of way on footpaths, and why people do not stay on the left hand side of the footpath. The Committee told Ken that they believed prams and accessibility aids (such as wheelchairs) have a right to be used on footpaths, but recreational vehicles (such as bicycles) are only permitted if the footpath is marked as a shared zone. In relation to people keeping to the left hand side of the footpath, it was agreed that this is common courtesy and although widely accepted, unenforceable by law.

10.2 Muslim Leadership Group

Garth Neale advised the Committee that NSW Police has received funding to create a Muslim Leadership Group Program. To this end, a three day leadership camp has been organised for Muslim young people in April 2008.

The Program will target 12 to 20 young people from Parramatta to Homebush between 16 and 25 years of age. The Program is expected to be educational for both the young people and the police officers involved.

10.3 Police Awareness Campaign

Garth Neale updated the Committee on the thefts from motor vehicles awareness campaign. In January and February 2008 there appeared to be a decrease in thefts and this trend remains steady. Garth advised the Committee that an article will appear in the next edition of Parramatta City Council’s Community News encouraging people not to leave valuables in their motor vehicles, as part of the campaign.

10.4 Guildford Road Shops

Christine Beale informed the Committee that a number of shops on Guildford Road, Guildford have recently had their windows smashed; a similar series of events occurred approximately two years ago. To date no damage has occurred on the Parramatta City Council side of Guildford, but all shop owners are worried they could be targeted.

Garth Neale advised he will send a memo to the Holroyd Local Area Command Crime Prevention Officer – Sue Carter, to advise her of the matter and to investigate any potential preventative measures.

10.5 CD Launch – The Out There Crew

Mark Phillips, the manager of the homeless band ‘The Out There Crew’, informed the Committee that the band, in partnership with Parramatta Mission, have put together an album. The CD will be launched by the Lord Mayor – Councillor Paul Barber, on Tuesday, 18 March 2008 in the Church Street Mall at 12 noon. This will be followed by a two hour performance by the band in the Mall.

10.6 Holroyd City Council Community Safety Advisory Committee Website

Christine Beale informed the Committee that the Holroyd City Council Community Safety Advisory Committee have received funding for a web page to highlight safety issues in their Local Government Area. Christine suggested that Committee members look at the web page and consider whether it might be something worth doing in Parramatta.

NEXT MEETING

Wednesday, 30 April 2008

Meeting Room 3, Ground Floor

Council Chamber Building

5.30pm

The meeting concluded at 6.38pm

Attachment 2

ATSI Advisory committee meeting minutes 4 March 2008

MINUTES OF THE ABORIGINAL AND TORRES STRAIT ISLANDER ADVISORY COMMITTEE MEETING HELD IN ROOM 1, GROUND FLOOR, COUNCIL CHAMBERS, PARRAMATTA ON TUESDAY, 4^TH MARCH 2008 AT 6.00 PM.

__________________________________________________________________________

PRESENT

Mr Bruce Gale, in the Chair, June Magrath, Linda McDonald, Gilson Saunders, Marcia Donovan, Annie Nelson, Phillip Bradley (arrived at 6.22pm), Doug Desjardine (arrived 6.37)

IN ATTENDANCE

Ms Maggie Kyle – Community Capacity Building Officer; Tanya Bigeni – Events and Project Officer, Elise Mawhood – Minute taker, Jo-ann Kew – Events and Sponsorship.

MINUTES

1 ACKNOWLEDGEMENT OF TRADITIONAL OWNERS THE DHARUG PEOPLE

Bruce Gale did an Acknowledgment of Country recognising that the land upon which the meeting was being held is Dharug and paying respect to Elders past and present.

2 WELCOME & INTRODUCTIONS

The committee welcomed Anne Stonham and Greg Stonham to the meeting as observers.

3 APOLOGIES

Apologies were received and accepted for the absence of John Robertson, Alan Merriman, Lyn Leerson, Bettina King and Stephan Jaeggi.

4 CONFLICT OF INTERESTS

No conflicts of interest noted.

5 CONFIRMATION OF MINUTES

A copy of the report of the Aboriginal and Torres Strait Islander Advisory Committee NAIDOC Planning Workshop held on the 5 February 2008 had previously been forwarded to each member.

RECOMMENDATION

The report of the Aboriginal and Torres Strait Islander Advisory Committee NAIDOC Planning Workshop held on the 5 February 2008 be taken as a true record of the meeting.

6 BUSINESS ARISING

6.1 Maggie Kyle reported that interviews for the Aboriginal Project Officer, Community Capacity Building Team will commence next week and she will keep the Committee informed as the selection process continues.

7 NAIDOC 2008 Planning

7.1 Maggie Kyle and Tanya Bigeni provided a brief review of the previous NAIDOC Planning workshop.

RECOMMENDATIONS

The decisions made at the February 2008 NAIDOC Planning Workshop (Attachment 2) be accepted:

Council Officers are developing a range of events for NAIDOC week including community based family day; Mall performances, events held in the Libraries; the Flag Raising and the Burramatta Family Day.

The NAIDOC budget is allocated to the Flag Raising and the Burramatta Family Day.

The focus of Council events is on celebrating Aboriginal people, culture and history.

Council’s events and activities will focus on family and include children, young people and adults.

7.2 Maggie Kyle explained that it was agreed at the February 2008 NAIDOC Planning Workshop that Council’s Sponsorship Officer would attend this meeting and explain Council’s Sponsorship policies and protocols.

Tanya Bigeni, Event Co-ordinator for Burramatta NAIDOC, introduced her colleague Jo-ann Kew, Council’s Sponsorship Officer. Jo-ann spoke to the committee about the responsibilities of the Sponsorship team and explained some of the principles and policies of working with Sponsors including:

· Sponsorship concerns managing the expectations of companies/ businesses/ individuals. Usually sponsors expect acknoweldgement in some way, particularly through signage

· Sponsors can donate money, time and/or resources

· A ‘handshake agreement’ is acceptable depending on the value- generally speaking an amount over $250 requires a formal and written agreement

· Some sponsors will not be acceptable – either to the ATSI Advisory Committee or to Council

RECOMMENDATION

The Committee identified the following list of potential sponsors:

Bankwest

Westfields

Sydney Harbour Freshore Authority

Colliers International

Chemist/pharmaceutical companies

Baxter Healthcare

Office Builders

Ray Wehbe

Westbus

Rail Corp

Northmead Butcher

Doug Desjardine asked that it be noted that he supplied the full contact details of sponsors.

RECOMMENDATIONS

Bruce Gale agreed to ask the Marketing Officer, Rail Corp to contact Tanya Bigeni to discuss processes around the delivery of NAIDCO 2008 posters.

Tanya Bigeni and Jo-ann Kew agreed to contact additional local businesses that they feel maybe suitable as sponsors for the event.

7.3 Tanya Bigeni notified the committee that the NAIDOC logo isn’t available yet, however the theme has been advertised as ‘Advance Australia fair?’

7.4 The Committee discussed possible entertainers. It was agreed that entertainers should be suitable for children and young people as well as adults. Linda McDonald agreed to forward details of a dance group to Maggie Kyle.

RECOMMENDATION

A range of entertainers should be engaged so that children, young people and adults would enjoy different performances.

Priority will be given to employing local entertainers where possible.

7.5 The Committee discussed securing alternative venues if the weather was poor.

RECOMMENDATIONS:

The Town Hall be booked to provide an alternative venue in the case of bad weather.

7.6 The Committee discussed other elements of the Burramatta NAIDOC family day including

Timelines/frames for marketing/media plan; security; sound systems and transport.

It was agreed that Tanya Bigeni would provide an overview of the marketing plan at the next NAIDOC Workshop.

Maggie Kyle advised that the Committee would discuss evaluating the event at a future NAIDOC planning workshop.

8 REPORT FROM ATSI EXECUTIVE COMMITTEE

No report was tabled. It was agreed the Executive Committee would meet one week before the ATSI Committee meeting.

9 GENERAL BUSINESS

9.1 Northern Territory Intervention meeting

Western Sydney Reconciliation spoke about the meeting they are attending in Redfern which is looking at the Northern Territory intervention.

Doug Desjardine felt strongly that the Aboriginal people in the local community are more of a priority than those in the Northern Territory and invited Western Sydney Reconciliation to look at what is happening in our local prisons. Phillip Bradley and Annie Nelson agreed to meet Doug Desjardine on 6^th March 2008 to visit the prison.

9.2 Western Sydney Reconciliation

Gilson Saunders acknowledged the work that Western Sydney Reconciliation is doing.

Phil Bradley thanked the ATSI Committee for their support in the Australia Day nomination.

10 INFORMATION SHARING

10.1 Greek Flag Raising

Bruce Gale advised the Committee that he had been invited by the Lord Mayor to attend the upcoming Greek Flag Raising ceremony and that the Aboriginal Flag would also be raised at the event.

10.2 Northern Territory Intervention

Annie Nielson advised that she and Lyn Leerson are meeting with Julie Owens to raise the issue of the Northern Territory Intervention.

Next Meetings

ATSI Advisory Committee Executive Meeting

18 March 2008 6:00 pm

ATSI Advisory Committee Meeting

Including Burramatta NAIDOC Planning Workshop

1 April 6:00

The Meeting concluded at 7: 35pm

Attachment 1

Status of ICAC Recommendations

OPERATION PELION RECOMMENDATIONS

RECOMMENDATION	RESPONSE	ESTIMATED TIMEFRAME	RESPONSIBILITY
RECOMMENDATION 1
It is recommended that the Minister for Planning and the Attorney General commission a review of the corruption risks attached to the regulation of brothels by local councils, and develop an appropriate strategy to deal with those risks.	Action with Minister for Planning; Reminder letter sent to Minister.		Minister for Planning

RECOMMENDATION 2
It is recommended that the Minister for Planning and the Attorney General give consideration to adopting a system to prevent unsuitable persons operating brothels.	Action with Minister for Planning; Reminder letter sent to Minister.		Minister for Planning

RECOMMENDATION 3
It is recommended that the Minister for Planning and the Attorney General introduce legislation to require sex industry advertisements to show the relevant development approval number. If the business does not require consent, the advertisement should be required to show an exemption number issued by the local council.	Action with Minister for Planning; Reminder letter sent to Minister.		Minister for Planning

RECOMMENDATION 4
It is recommended that Parramatta City Council implements a system of active staff and performance management in the compliance area.	Service Manager and Team Leader have been recruited and have implemented a more formal approach to management control over inspection activities. Team meetings are recorded and include input from the Legal Support Team and the Strategic Analyst. The weekly review of brothel advertisements is provided to the Strategic Analyst for further analysis and possible action. Standard operating procedures enhanced and implemented covering: Legislative and regulatory enforcement; Management of evidence; Corruption prevention in field activities; Court proceedings and use of utilities orders; and Occupation health & safety. Performance standards established for non-compliance timeframes. Independent Integrity Steering Committee oversight of brothel compliance matters. Active networks and liaison established with external enforcement agencies including Police and ATO. Completed with further improvements being developed as part of structural changes to Group.	Implemented	Manager Development Services Unit (DSU)

RECOMMENDATION 5
It is recommended that designated senior staff of Parramatta City Council regularly review closed matters and the information made available to them by the review and audit program recommended in Recommendation 12, and take action if this information suggests the possibility of corrupt conduct. Protocols regarding responsibilities and appropriate actions need to be developed.	A monthly review of closed items is conducted by the Manager DSU. An inter-council peer review and audit process is currently being negotiated with officers from Bankstown and Sydney Councils. Expected to be operational by April 2008.	Implemented April 2008	Manager DSU

RECOMMENDATION 6
It is recommended that the duties of the strategic analyst, crime and corruption prevention at Parramatta City Council include ascertaining the training needs of team members, service managers and senior managers; and procuring and/or developing relevant training programs.	Strategic Analyst currently working with Manager DSU in identifying and conducting further training for Compliance & Construction teams to address immediate and medium-term requirements. Training needs analysis is currently being developed as part of formal Corruption Prevention Plan with input from Strategic Analyst, Internal Audit & Human Resources.	Implemented May 2008	General Manager

RECOMMENDATION 7
It is recommended that Parramatta City Council provide initial and ongoing training tailored to the needs of team members and managers, targeted at recognising and reducing corruption risks.	See recommendation 6 above. Strategic Analyst has provided training to compliance officers in · powers and inspection processes arising from the introduction of the Brothels Legislation Amendment Act 2007; · responsibilities under the ICAC Act 1988; · updated procedures relating to gathering and management of evidence, court procedures, and specific corruption resistance strategies in field activities. Team Members have undertaken Compliance Training in Brothel Enforcement with Team Leaders and Managers attending Crime Prevention Practitioners Seminar in October 2007 and the ICAC Corruption Prevetnion for managers Workshop in March 2008.	May 2008 Implemented	Manager SAR / Manager HR

RECOMMENDATION 8
It is recommended that senior managers at Parramatta City Council undertake specialised training in risk management and methods for early detection of corrupt conduct.	Training needs analysis currently being developed as part of formal Corruption Prevention Plan with input from Strategic Analyst, Internal Audit & Human Resources. Research currently assessing providers of integrity systems training providers. Specific management modules will be developed in co-operation with external authorities in relation to corruption detection.	Plan adopted by May 2008	Manager HR/Manager SAR

RECOMMENDATION 9
It is recommended that Parramatta City Council institute a program of rotation of the position of Team Leader, Compliance Services.	The Team Leader Compliance position was re-graded and qualification requirements enhanced to enable a greater capacity for rotation in the Development Unit. The current Team Leader Compliance was a former development assessment team member. Rotation during periods of leave has being implemented. Rotation will be further considered as part of structural integration project.	Implemented	Manager DSU

RECOMMENDATION 10
It is recommended that the service matter owner of CRMs concerning brothels should be the Service Manager, Compliance Services, rather than the Team Leader. It is also recommended that the Customer Relationship Management system be upgraded so that this does not remove from the Team Leader the ability to allocate tasks to inspectors in the team.	Current business process covered by procedure allocates all relevant Service Requests to the Service Manager as owner who allocates tasks to Team Leader. Service Manager is responsible for reviewing action taken and closing Service Request. Modifications to CRM module in Councils Online currently being investigated with syndicate members and managed service provider. Resolution to await determination relating to core system upgrade	Implemented May 2008	Manager DSU/Manager SAR

RECOMMENDATION 11
It is recommended that the Customer Relationship Management system be upgraded to support the protocol that if an officer undertakes an inspection, he or she cannot close a CRM.	Currently covered by business rule and procedure. Modifications to CRM module in Councils Online currently being investigated. Resolution to await determination relating to core system upgrade	Implemented May2008	Manager DSU/Manager SAR

RECOMMENDATION 12
It is recommended that Parramatta City Council develops a rigorous review and audit system for the compliance function and that a high-level manager oversees that process.	A monthly review of closed items is conducted by the Manager DSU. An inter-council peer review and audit process is currently being negotiated with officers from Bankstown and Sydney. Expected to be operational by April 2008.	Implemented May 2008	Manager DSU

RECOMMENDATION 13
It is recommended that Parramatta City Council introduces a system of fact checking of statements entered into the Customer Relationship Management system by the Compliance Team.	Fact checking is currently undertaken on sample basis by Service Manager prior to closing Service Request. Independent process of fact-checking on sample basis to be incorporated into peer review discussed in Recommendation 12 above.	Implemented April 2008	Manager DSU

Attachment 1

Report of the Parramatta City Council Code of Conduct Committee dated 16 April 2008

Report of the Parramatta City Council Code of Conduct Committee April 2008

1. Introduction

1.1 The Code of Conduct Committee is formed by resolution of Council in accordance with Council’s Code of Conduct.

1.2 Clause 9.4.2 of Council’s Code of Conduct holds the Code of Conduct Committee (the Committee) responsible for “..the investigation of allegations of breaches of the code of conduct by councillors and the General Manager, and must either:

· Determine not to make enquiries into the allegation and give reasons in writing, or

· Investigate the alleged breach to determine the particular factual matters, or

· Engage an independent person to investigate the allegation to determine the particular factual matters.”

1.3 This clause is considered consistent with Clause 10.11 of the Department of Local Government Model Code of Conduct (Model Code).

1.4 The Committee is responsible for establishing the factual basis of conduct matters raised with it and refer this to Council. The role of the Committee is not to resolve complaints nor is the Committee in a position to cease enquiries on a complaint merely because the person(s) who raised the complaint withdraw their complaint.

1.5 Clause 9.4.3 of Council’s Code of Conduct requires the Code of Conduct Committee to “decide whether a matter reported to it under this policy reveals a prima facie breach of this code..” This clause is considered consistent with the Model Code. The Butterworths Australian Legal Dictionary defines “prima facie” simply as “at first sight; on the face of it.”

1.6 The operations of the Committee are bound by the Operating Protocols of the Code of Conduct Committee endorsed by Council on 26 March 2007.

1.7 The Committee is bound by the Code of Conduct to report its findings and the reason for these findings to Council. Further, Clause 9.4.4 of the Code of Conduct states that the Committee “may recommend that council takes any actions provided for in this policy that it considers reasonable in the circumstances”

1.8 Section 11 of the Code of Conduct defines Council’s role in the event that a councillor has breached the Code of Conduct.

2. Complaint CC034/07 Councillor Chris Worthington

2.1 Complaint background and enquiry process

2.1.1 In a memo dated 3 July 2007 staff raised a complaint regarding their interactions with Councillor Chris Worthington particularly concerning a representation by a member of public to the Member for Parramatta. The representation related to a request for upgrading of traffic signs. At the time, Councillor Worthington was Chairman of the Parramatta Traffic Committee and relief Electoral Officer for the Member for Parramatta.

2.1.2 The complaint referred to a number of communications between Councillor Worthington and the two relevant Council managers which raised a number of issues of alleged breach of the Code of Conduct including breaches of:

Section 6.2 Improper and undue influence;

Section 7.1 Obligations of Councillors;

Section 7.4 Inappropriate interactions; and

Section 8.3 Use of Council resources.

2.1.3 In February 2007 Councillor Worthington used the Council Service Request system to request upgrading of street signs following a request from a member of the public being sent to the Office of the Member for Parramatta. Councillor Worthington stated that the matter had in turn been forwarded to him for attention by the Member for Parramatta.

2.1.4 Council officers actioned the Service Request by requesting the matter be investigated by the RTA and that a response be provided to Council.

2.1.5 In March and April 2007 Councillor Worthington enquired about the length of time taken for resolution of the matter. The Service Request log showed Council officers follow-up action with the RTA.

2.1.6 Councillor Worthington advised Council officers in April 2007 that the member of the public had previously approached the RTA on a number of occasions without response which had led to the representation from the Member for Parramatta.

2.1.7 In late May 2007 Council received a letter from the member of public advising that the sign had been upgraded, and also passing comment about the competency of the RTA in this action.

2.1.8 In early June 2007 Councillor Worthington requested of the Service Manager that a response be provided to the RTA outlining inaccuracies in their correspondence and requesting changed processes in future dealings of this type. The text of the email included:

“Chris,

On 9 March and 17 April 2007 I sent responses to your emails regarding the length of time it was taking to process the request from (member of public). (Member of public) had written to the local MP regarding an RTA issue which you had forwarded to Council to pass to the RTA. In my reply I noted that it was unfortunate that the matter had been forwarded to Council because of the time taken for the extra steps in the processing of the request.

I now wish to provide a more comprehensive list of why it was inappropriate for the matter to be referred to Council as listed below:

1. The extra processing time in letters going from Council to the RTA and RTA to Council

2. The greater level of priority the RTA gives to letters from MPs compared to others

3. Council staff effectively undertaking work for the local State MPs office (this matter has taken approximately a dozen letters/emails/phone calls/service request entries) and propriety issues regarding this work

4. If the RTA do not provide the response that the resident wants then Council is implicated by the adverse response (as has occurred in this situation)

5. It reduces the RTA focus on Council issues from items that are important to Council, such as the North West Transitway, and can undermine attempts to have a constructive relationship with the RTA.

Accordingly, rather than corresponding further with the RTA it is proposed that Council write to (member of public) thanking him for his letter, advise him that his comments have been noted and will be considered in future dealings with the RTA.”

2.1.9 In mid-June 2007 the Service Manager responded by email to Councillor Worthington reiterating earlier advice regarding the potential delays and double handling in Council making representations to the RTA on behalf of State MPs, rather than State MPs making representations to the RTA directly.

2.1.10 On 29 June 2007 Councillor Worthington responded by email to the Technical Services Manager expressing concern at the response from the Service Manager. The text of the email included:

“Dear (manager)

Whilst I note what has been sent to me by (service manager), I am beginning to feel by the tone of his email that he is telling me “how to suck eggs” as the saying goes, which I do not appreciate. I have taken his comments into consideration, but if I feel that if an MP wishes the matter to come to Council for reasons that he/she may feel appropriate, then that is the way I will handle it.

Behind the scenes, I have long been a strong advocate for improvements for Traffic Staff over the years, of which some staff may not be aware or appreciate, but in turn I do not appreciate emails couched in these terms being sent to me. Quite frankly at the moment, it would not take much for me to withdraw such support and revert back to the relationship which previously existed. If that is what is wanted, then let’s do it that way!!!

As a consequence, I take great umbrage at the comments as contained in point 3 and will not tolerate repetition of such. I was under the impression that (RTA officer) was the conduit for Council when RTA traffic matters became outstanding; which incidentally, I might remind (service manager), such an arrangement was made of my own volition through a ministerial contact in order to assist Traffic Staff in obtaining better responses. This you would have to admit appears to have improved greatly since that contact was established…..

I await you reply to my queries in due course.

Thanking you

Chris Worthington”

2.1.11 The Conduct Committee considered the complaint against Councillor Worthington on 18 August 2007 and determined that, on the basis of the information provided, there had not been a breach of Sections 6.2 or 8.3 of the Code of Conduct. The Committee determined to conduct further enquiry relating to the interaction provisions of the Code (Sections 7.1 and 7.4).

2.1.12 On 25 September 2007 the Conduct Committee was advised that two of the officers had withdrawn the complaint of 3 July 2007. The Committee determined to establish if the remaining member of staff wished to continue with the complaint. On 9 October the third member of staff withdrew the complaint. Councillor Worthington was advised of the withdrawal of the complaint.

2.1.13 At both the September 2007 and subsequent November 2007 meetings the Committee considered its responsibilities under the Code of Conduct in relation to a complaint that had been withdrawn. Council’s Code of Conduct Committee is not a complaints resolution committee but is charged with establishing the factual basis for complaints referred to it, and reporting their findings to Council.

2.1.14 With information of the withdrawal of the original complaint, the Committee at its meeting of 27 November 2007, determined to further enquire into the conduct of Councillor Worthington in an email sent to the Manager, Technical Services on 29 June 2007 which formed part of the complaint lodged on 3 July 2007.

2.1.15 On 7 December 2007 Councillor Worthington was invited to put a submission to or attend the meeting of the Conduct Committee of 14 December 2007 with a view to putting forward his version of events identified in the email. In an email dated 12 December 2007 Councillor Worthington requested further information be provided and that the Committee defer consideration of the matter to enable him to seek external advice.

2.1.16 At its meeting of 14 December 2007 the Committee agreed to Councillor Worthington’s request and deferred consideration of the matter until the first meeting of 2008. Councillor Worthington was advised accordingly.

2.1.17 On 14 March 2008 Councillor Worthington was invited to put submission to or attend the meeting of the Conduct Committee of 20 March 2008. In an email response of 14 March 2008 Councillor Worthington declined to attend stating that “I feel it is a waste of time me attending the meeting, so the recommendation can be determined in my absence and then forwarded onto Council for its consideration and determination”.

2.2 Finding

2.2.1 The email sent from Councillor Worthington to the Manager, Technical Services on 29 June 2007 formed part of a series of communications between Council and Councillor Worthington in relation to representations from a member of the public.

2.2.2 Whilst Councillor Worthington was working in the Office of the State Member at the time a request was put into Council’s Service Request system, as a Councillor he was entitled to raise this request. The Conduct Committee found that there was not evidence that Councillor Worthington had directed staff, nor was there evidence of breach of the Sections 6.2 and 8.3 of Council’s Code of Conduct.

2.2.3 In reviewing the email from Councillor Worthington to the Technical Services Manager dated 29 June 2007 the Conduct Committee considers the comments to staff were threatening or inflammatory.

2.2.4 On 20 March 2008 the Conduct Committee unanimously determined that, in the absence of any representation from Councillor Worthington, a prima facie case existed of a breach of the provisions of the Code of Conduct, particularly in relation to Section 7.4 Inappropriate Interaction, 9^th dot point which reads:

“The following interactions are inappropriate:.. Staff and Councillors making threatening, rude or inflammatory comments about other Councillors or staff.”

2.3 Recommendation

2.3.1 The Code of Conduct Committee recommends that Councillor Worthington provide a written apology to the person who, at the time of the complaint, held the position of Manager Technical Services.

2.3.2 The Code of Conduct Committee further recommends that Councillor Worthington be reprimanded for the breach of the Code of Conduct.

3. Complaint CC046/07 Lord Mayor Councillor Paul Barber

3.1 Complaint background and enquiry process

3.1.1 In an email to the General Manager dated 16 October 2007 a councillor requested referral to the Conduct Committee of the placing of the “Your rights to work” banner on the Town Hall, indicating that the Lord Mayor may have approved the hanging of the banner and that “It is however a nonsense to bring out a political banner at election time and hang it from the Townhall!”

3.1.2 In accordance with the resolution of Council dated 26 March 2007 the General Manager referred the matter to the next meeting of the Conduct Committee,

3.1.3 At the Conduct Committee meeting of November 2007 the Conduct Committee members (excluding the Lord Mayor) considered the vague complaint and attempted to determine which aspects of the Code of Conduct may have been breached. The Committee members determined to further enquire whether the relevant Resolution of Council (27 February 2007 Minute refers) provided authority for the erection of the banner.

3.1.4 At the December meeting of the Conduct Committee the Deputy Lord Mayor and other Committee Members determined to make further enquiries into who had requested Council officers to erect the banner and under what authority it was undertaken.

3.1.5 At the March 2008 Conduct Committee meeting members of the Committee (excluding the Lord Mayor) considered the enquiries undertaken to date and conducted further enquiries of staff.

3.2 Finding

3.2.1 Council Resolution of 27 February 2007 authorised a number of activities in support of the Unions NSW campaign.

3.2.2 Council staff responsible for the operation of the Town Hall were requested by Unions NSW officers to erect the banner in accordance with Council’s resolved support.

3.2.3 The Conduct Committee considers that the matter reported does not disclose a prima facie breach of that part of section 8.3 of the Code of Conduct which provides:

“You must avoid any action or situation which could create the impression that council property, official services or public facilities are being improperly used for your own or any other person or body’s private benefit or gain.”

3.3 Recommendation

3.3.1 The Code of Conduct Committee recommends that no further action be taken in relation to this complaint.

Code of Conduct Committee

16 April 2008

Attachment 3

Code of Conduct

1. INTRODUCTION

Parramatta City Council is committed to serving our community with integrity, efficiency, fairness and impartiality. In providing the best possible services we will put our public duty to the community ahead of our private interests. The people of Parramatta City, and those who come in contact with Council, expect nothing less.

Council has developed this Code of Conduct to assist Councillors and staff in making decisions that best reflect our corporate values. The Code of Conduct and associated policies provide specific minimum standards that are expected to be met. These standards are founded on an expectation that Councillors and staff will work co-operatively and exercise good judgement and make principled decisions for the benefit of the whole community.

High ethical standards are an integral part of the organisation and form part of daily decision making processes. These standards apply equally to all councillors, staff, delegates and contractors across the organisation.

We expect that the Code of Conduct will assist councillors and staff deal with the ethical problems that may arise in working for, and representing Parramatta City Council. The Code promotes not only “doing things right”, but also “doing the right things” to maintain our integrity and trust as a community.

Council is committed to supporting councillors and staff who act according to, or above, the standards contained in the Code of Conduct and associated policies. The commitment to abide by these standards is a personal commitment by all councillors and staff, and will demonstrate our respect for each other and for the community we serve.

Councillor David Borger	John Neish
Lord Mayor	General Manager

INDEX


	Section	Page
1	INTRODUCTION	ii

2	PURPOSE AND AUTHORITY	1

3	VALUES & PRINCIPLES	1

4	GENERAL CONDUCT OBLIGATIONS	3
4.1	General Conduct	3
4.2	Fairness & Equity	4
4.3	Harassment & Discrimination	4
4.4	Alcohol & Other Drugs	4
4.5	Public Comment	4
4.6	Development Decisions	5

5	CONFLICTS OF INTEREST	5
5.1	General Principles	5
5.2	Pecuniary Interests	6
5.3	Non-Pecuniary Interests	7
5.4	Other Business or Employment	7
5.5	Political Support	8
5.6	Personal Dealings as a Customer of Council	8
5.7	Former Councillors and staff	8
5.8	Staff Political Participation	9

6	PERSONAL BENEFITS	9
6.1	Gifts & Benefits	9
6.2	Improper & Undue Influence	11

7	RELATIONSHIPS BETWEEN COUNCILLORS AND STAFF	11
7.1	Obligations of Councillors	11
7.2	Obligations of Staff	12
7.3	Obligations During Meetings	12
7.4	Inappropriate Interaction	13

8	ACCESS TO COUNCIL INFORMATION AND RESOURCES	14
8.1	Councillor Access to Information	14
8.2	Use and Security of Council Information	14
8.3	Use of Council Resources	15

9	REPORTING BREACHES, INVESTIGATIONS AND SANCTIONS	16
9.1	Corrupt Conduct, Maladministration & Waste of Public Resources	16
9.2	Reporting Breaches of this Code	17
9.3	Investigation of Breaches of this Code	17
9.4	Conduct Committee	18


10	STAFF MISBEHAVIOUR AND SANCTIONS	19

11	COUNCILLOR MISBEHAVIOUR AND SANCTIONS	20

DOCUMENT HISTORY

Date	Document Action	Authority
25 July 2005	Policy adopted	Resolution of Council 25 July 2005 Minute 7967
27 February 2006	Legislation and Policy References updated	Manager, Service Audit & Review
27 March 2006	Section 9.4.5 added covering indemnity of Conduct Committee members. Second dot point in Section 7.4 updated to be consistent with Policy for Interaction as resolved.	Resolution of Council 27 February 2006 Minute 8302 Resolution of Council 26 September 2005 Minute 8099
5 September 2006	Policy references updated	Manager, Service Audit & Review
25 September 2006	Section 9.4.1 updated to refer to new independent community representative of Conduct Committee	Resolution of Council 25 September 2006 Minute 8732
26 March 2007	Section 9.4.3 updated to reflect Model Code provisions and Conduct Committee Protocols	Resolution of Council 26 March 2007 Minute 9046

Attachment 3

Code of Conduct

2. PURPOSE AND AUTHORITY

The community rightly expects councillors and staff to be honest, reasonable and equitable in dealings with them and to have the public interest at heart. The code of conduct is a key mechanism to assist councillors, staff and delegates to act honestly, ethically, responsibly and with accountability.

This Code has been prepared taking into account the provisions of the Local Government Act and will assist Councillors and staff to:

- understand Council’s standards of conduct and behaviour; and

- deal with ethical problems that they may encounter in their work.

The Guidelines to the Code of Conduct that accompanies this document provide additional discussion on matters covered in the Code.

Section 440 of the Local Government Act 1993 requires Council to adopt a code of conduct to be observed by councillors, members of staff and delegates (including contractors and consultants). The code of conduct is not meant to replace legislation, and is to be read in conjunction with relevant legislation and policies. This code of conduct replaces the code of conduct adopted by Parramatta City Council in December 2000.

This code will be reviewed at least every four years following adoption.

3. VALUES AND PRINCIPLES

Parramatta City Council recognises the importance of ethical behaviour through a commitment to the following values and principles.

We value behaviours which create:

· a supportive workplace

· a safe and trusting workplace

· a cooperative teamwork approach

We value providing the best possible services to our community by a commitment to:

· community focus and customer service

· improving our results

· providing value for money

The code of conduct applies equally to formal and informal dealings between councillors, staff and the community. The general principles upon which the code is based are:

Selflessness

Councillors and staff have a duty to make decisions solely in the public interest. They must not act to gain financial or other benefits for themselves, their family or friends. This means making decisions because they benefit the public, not because they benefit the decision maker.

Integrity

Councillors and staff must not place themselves under any financial or other obligation to any individual or organisation that might reasonably be thought to influence them in the performance of their council duties.

Objectivity

Councillors and staff must make decisions solely on merit and in accordance with their statutory obligations when carrying out public business. This includes the making of appointments, awarding of contracts or recommending individuals for rewards or benefits.

Accountability

Councillors and staff are accountable to the public for their decisions and actions and must consider issues on their merits, taking into account the views of others. This means recording reasons for decisions; submitting to scrutiny; keeping proper records; establishing audit trails.

Openness

Councillors and staff have a duty to be as open as possible about their decisions and actions, giving reasons for decisions and restricting information only when the wider public interest could be compromised by not restricting such information.

Honesty

Councillors and staff have a duty to act honestly. Councillors and staff must declare any private interests relating to their public duties and take steps to resolve any conflicts arising in such a way that protects the public interest. This means obeying the law; following the letter and spirit of policies and procedures; observing codes of conduct; fully disclosing actual or potential conflict of interests and exercising any conferred power strictly for the purpose for which the power was conferred

Leadership

Councillors and staff have a duty to promote and support these principles by leadership and example and to maintain and strengthen the public’s trust and confidence in the integrity of the council.

Respect

Councillors and staff must treat other councillors and staff and the role they play with respect and courtesy at all times.

Efficiency and Economy

Councillors and staff have a duty to consider the financial implications of their actions and decisions. This applies equally to both tangible and intangible resources, including time and effort and potential litigation.

4. GENERAL CONDUCT OBLIGATIONS

4.1 General Conduct

4.1.1 Councillors and staff have an obligation to comply with the provisions of the Local Government Act 1993, the associated regulations and council’s policies.

4.1.2 Councillors and staff must act ethically, lawfully, honestly and exercise a reasonable degree of care and diligence in carrying out functions under the Local Government Act 1993 or any other Act. Councillors and staff must not act in a manner that is likely to bring Council or holders of civic office into disrepute.

4.1.3 Councillors and staff must treat all community members, other councillors and staff and the role they play with respect and courtesy at all times.

4.1.4 Councillors and staff must avoid behaviour, both within the confines of the Council Chambers and when representing Council at public meetings, that could be deemed to be an act of disorder or misbehaviour. This includes conduct that:

· Contravenes the Local Government Act 1993 or associated regulations

· Is detrimental to the pursuit of the charter of a council

· Is improper or unethical

· Is an abuse of power or otherwise amounts to misconduct

· Causes, comprises or involves intimidation, harassment or verbal abuse

· Causes, comprises or involves discrimination, disadvantage or adverse treatment in relation to employment

· Causes, comprises or involves prejudice in the provision of a service to the community

· Causes, comprises or involves improperly directing or influencing or attempting to direct or influence a member of the staff of the council or a delegate of the council in the exercise of the functions of the staff member or delegate.

Related Legislation:

Local Government Act 1993, sections 8, 352, 439 & Schedule 6A

NSW Anti-discrimination Act 1977

Staff Policy

Equal Employment Opportunity Policy (2006)

For further guidelines see:

Guidelines to Code of Conduct - 1 Guide to ethical decision making

4.2 Fairness and Equity

4.2.1 Councillors and staff have an obligation to consider issues consistently, promptly and fairly. This involves dealing with matters in accordance with established procedures, in a non-discriminatory manner.

4.2.2 Councillors and staff must take into consideration all known and expected relevant facts and have regard to the particular merits of each case. Councillors and staff must not take irrelevant matters or circumstances into consideration when making decisions.

4.3 Harassment and Discrimination

Councillors and staff must not harass, discriminate, or support others who harass and discriminate against colleagues or members of the public on the grounds of sex, pregnancy, age, race (including their colour, nationality, descent, ethnic or religious background), political affiliation, marital status, disability, homosexuality or transgender.

Related Legislation and Policy:

NSW Anti-discrimination Act 1977

Staff Policy

Equal Employment Opportunity Policy (2006)

4.4 Alcohol and Other Drugs

Councillors and staff must not come to work, or return to work, or attend Council meetings, committees or functions, under the influence of alcohol or other drugs that impair their ability to make decisions or do their work, or cause danger to themselves or others.

Staff Policy:

Drug and Alcohol Policy (2006)

Occupational Health and Safety Policy (2005)

For further guidelines see:

Guidelines to Code of Conduct - 3 Alcohol and Drugs at Work

4.5 Public Comment

4.5.1 Only the Lord Mayor, the General Manager, their delegate, or employees specifically delegated to do so, may make media or public comment on behalf of the Council.

4.5.2 Councillors are permitted to make public comment on behalf of the Council when authorized to do so by the Lord Mayor or by resolution of the Council.

4.5.3 As a member of the community Councillors and employees have the right to enter into public debate on political, professional and social issues. However Councillors and staff need to take care not to allow the impression to be gained that such comments are official comments on behalf of the Council.

Staff Policy:	Policy & Procedure for Contact by Staff with the Media (2006)

4.6 Development Decisions

4.6.1 It is the duty of Councillors and staff to ensure that development decisions are properly taken and that parties involved in the development process are dealt with fairly. Councillors and staff must not only avoid impropriety, but must at all times avoid any occasion for suspicion and any appearance of improper conduct.

4.6.2 In determining development applications, it is essential that councillors and staff are highly conscious of the potential for even the slightest impropriety to lead to suspicion of misconduct. Councillors and staff must ensure that no action, statement or communication with applicants or objectors conveys any suggestion of willingness to provide concessions, preferential treatment.

5. CONFLICTS OF INTEREST

5.1 General Principles

5.1.1 A conflict of interests exists when a council official could be influenced, or a reasonable person would perceive that the council official could be influenced, by a personal interest when carrying out their public duty.

5.1.2 Councillors and staff must appropriately resolve any conflict or incompatibility between their private or personal interests and the impartial performance of their public or professional duties.

5.1.3 Any conflict between personal interests and those of council must be resolved to the benefit of the community as a whole, and to the satisfaction of the council. When considering whether or not a conflict of interest exists, it is always important to think about how others would view the situation.

5.1.4 It is essential that Councillors and staff properly address conflict of interests issues that may arise. They must:

· Try to understand the concept and practical implications of conflict of interests issues

· Accept that failure to resolve an actual or reasonably perceived conflict of interest is unacceptable in local government

· Take timely and appropriate action to avoid, or if not, to disclose any actual, potential or reasonably perceived conflict of interests.

5.1.5 Perceptions of a conflict of interests are as important as actual conflict of interests. The onus is on the individual to identify a conflict of interests, whether perceived or real, and take the appropriate action to resolve the conflict in favour of their public duty.

5.1.6 Where necessary, Councillors and staff must disclose an interest promptly, fully and in writing. If a disclosure is made at a council or committee meeting, both the disclosure and nature of an interest must be recorded in the minutes.

5.1.7 If Councillors and staff are in doubt whether a conflict of interests exists, they should seek legal or other appropriate advice.

Related Legislation:

Local Government Act 1993, Chapters 11 and 14

Local Government (General) Regulation 2005, Part 8, Schedule 3

For further guidelines see:

Guidelines to Code of Conduct -
5 Pecuniary and non-pecuniary conflicts of interest
6 Political Support
7 Club/organisation membership;

“Managing Conflicts of Interest in the Public Sector”, ICAC, 2004

5.2 Pecuniary Interests

The Local Government Act 1993 requires that if a pecuniary interest exists in a matter, Councillors and staff must not be involved in consideration or discussion of the matter in which they have an interest and must not participate in the decision-making process or vote on any question relating to the matter. Sections 449, 451 and 459 of the Local Government Act 1993 define minimum specific requirements for dealing with pecuniary interests. Where Councillors or staff have a pecuniary interest in a matter they must act in accordance with the provisions of the Local Government Act 1993.

5.3 Non-Pecuniary Interests

5.3.1 Where the interest is non-pecuniary Councillors and staff have a broader range of options for managing the interest. The option chosen will depend on an assessment of the circumstances of the matter, the degree of the interest and the significance of the issue being dealt with. The responsibility to recognise and resolve the conflict of interest is personal.

5.3.2 Councillors and staff must deal with a conflict of interests in at least one of these ways:

· Take no action because the potential for conflict is minimal. Councillors and staff should consider providing an explanation of why they consider a conflict does not exist

· Disclose the nature of the conflict

· Limit involvement if practical (for example, participate in discussion but not in decision making) or restrict access to all relevant information. Care needs to be taken when exercising this option

· Remove the source of the conflict (for example, relinquishing or divesting the personal interest that creates the conflict or reallocating the conflicting duties to another officer)

· Have no involvement by absenting from and not taking part in any debate or voting on the issue, particularly if the interest is significant

· Include an independent in the process of providing assurances of probity (for example, for tendering or recruitment selection panels)

5.4 Other Business or Employment

5.4.1 A member of staff who is considering outside employment that relates to the business of the council or that might conflict with their council duties, must notify and seek the approval of the relevant Group Manager in writing.

5.4.2 Members of staff must ensure that any outside employment or business they are engaging in or considering will not:

· Conflict with their official duties;

· Interfere with their Council Work;

· Involve using confidential information or Council resources obtained through their work with Council;

· Require them to work while on Council duty; and

· Discredit or disadvantage the Council.

Related Legislation:	Local Government Act 1993 (section 353)
Staff Policy	Secondary Employment Policy (2006)
For further guidelines see:	Guidelines to Code of Conduct - 8 Secondary employment

5.5 Political Support

Councillors should note that matters before council for determination that involve campaign donors or supporters have the potential to place the councillor in a position of having a pecuniary or non-pecuniary conflict of interest.

5.6 Personal Dealings as a Customer of Council

5.6.1 Councillors and staff may deal with council on a personal basis (for example, as a ratepayer, recipient of a council service or applicant for a consent granted by council). Councillors and staff must not expect or request preferential treatment for themselves or their family because of their position. Councillors and staff must avoid any action that could lead members of the public to believe that they are seeking or obtaining preferential treatment.

5.6.2 Councillors and staff from time to time lodge development applications with council. This may create problems, especially if there could be a perception that the assessment and/or determination has been undertaken partially.

5.6.3 In these circumstances Council will outsource the assessment of the application and the application will be determined by Council. The Councillor or staff member should not attempt to access information on the matter other than what they are entitled to as an ordinary applicant. Attempting to obtain “inside information” or continually making direct enquiries of Development Services Unit staff would be considered a conflict of interest.

5.7 Former Councillors and Staff

5.7.1 Councillors and staff must be careful in their dealings with former councillors and staff and make sure that they are not given, or appear to be given, favourable treatment or access to privileged information.

5.7.2 Former councillors and staff must not use, or take advantage of confidential information obtained in the course of their official duties that may lead to gain or profit. At the end of their involvement with council, Councillors and staff must:

· Return all council property, documents or items (keys, mobile phones etc)

· Not make public or otherwise use any confidential information gained as a consequence of your involvement with council.

5.8 Staff Political Participation

Council staff must ensure that any participation in political activities does not conflict with their primary duty as an employee to serve the council of the day in an impartial and politically neutral manner.

6. PERSONAL BENEFITS

6.1 Gifts & Benefits

6.1.1 Councillors and staff may accept gifts or benefits of a nominal or token value and providing that acceptance of the gift or benefit does not create a sense of obligation. If in doubt, advice should be sought from the relevant supervisor or manager, or alternatively the Internal Auditor or Group Manager.

6.1.2 If Councillors receive a gift of more than token value in circumstances where it cannot reasonably be refused or returned, they should accept the gift and disclose this promptly to the Mayor or General Manager. Staff who receive gifts under similar circumstances must disclose the gift to their superviser or manager. The gift must be recorded in the Gift Register.

Token gifts

6.1.3 Generally speaking, token gifts and moderate acts of hospitality could include:

· Gifts of single bottles of reasonably priced alcohol to individual councillors and staff at end of year functions, public occasions or in recognition of work done (such as providing a lecture/training session/address),

· Free or subsidised meals, of a modest nature, and/or beverages provided infrequently (and/or reciprocally) that have been arranged primarily for, or in connection with, the discussion of official business,

· Free meals, of a modest nature, and/or beverages provided to councillors and staff who formally represent their council at work related events such as training, education sessions, workshops.

· Refreshments, of a modest nature, provided at conferences where councillors or staff are speakers

· Ties, scarves, coasters, tie pins, diaries, chocolates, flowers and small amounts of beverages

· Invitations to appropriate out of hours “cocktail parties” or social functions organised by groups, such as, council committees and community organisations

Gifts of value

6.1.4 Gifts and benefits that have more than a nominal or token value include (but are not limited to) tickets to major sporting events, corporate hospitality at a corporate facility at a sporting venue, discounted products for personal use, the frequent use of facilities such as gyms, use of holiday homes, free or discounted travel and free training excursions.

6.1.5 Councillors and staff must:

· Avoid situations in which the appearance may be created that any person or body, through the provision of hospitality or benefits of any kind, is securing or attempting to influence or secure a favour from a council official or the council.

· Take all reasonable steps to ensure that their immediate family members do not receive gifts or benefits that could appear to an impartial observer to be an attempt to influence or secure a favour. Immediate family members ordinarily include parents, spouses, children and siblings.

6.1.6 Councillors and staff must not:

· Seek or accept a bribe or other improper inducement

· By virtue of their position acquire a personal profit or advantage which has a monetary value, other than one of a token value

· Accept a personal offer of money, regardless of the amount

· Seek or accept any payment, gift or benefit intended or likely to influence, or that could be reasonably perceived by an impartial observer as intended or likely to influence them to:

o act in a particular way (including making a particular decision)

o fail to act in a particular circumstance

o otherwise deviate from the proper exercise of their official duties.

6.1.7 Councillors and designated persons must by law disclose, in the disclosure of interests returns, a description of any gift or gifts totalling a value exceeding $500 made by the same person or organisation during a period of 12 months or less.

6.1.8 Council accepts that councillors and staff will incur expenses in the performance of their public duties and undertakes to meet those costs and make appropriate reimbursement in accordance with any policy. Councillors and staff should only claim or accept travelling and sustenance expenses related to matters which have a direct bearing on the services, policies or business of the Council.

6.1.9 Council will not pay for the travelling, accommodation or sustenance expenses of spouses subject to any variation where special circumstances exist and as approved by the Lord Mayor or General Manager in accordance with the provisions of the Local Government Act 1993.. In adopting this position, Council recognizes that it values family friendly principles. Council will assist Councillors and staff in the performance of their duties in accordance with these principles

Related Legislation:

Crimes Act 1900 (NSW), sections 249B(1), 249B(2) and 249J

Local Government (General) Regulation 2005, clauses 184 and 185

Local Government Act 1993, section 449;

Council Policy

Policy on Civic Office Expenses and Facilities (2005).

For further guidelines see:

Guidelines to Code of Conduct – 9 Gifts & Benefits;

“Gifts Benefits, or Just Plain Bribes”, ICAC, 1999

6.2 Improper and Undue Influence

6.2.1 Councillors and staff must not take advantage of their position to improperly influence other councillors and staff in the performance of their public or professional duties to secure a private benefit for themselves or for somebody else.

6.2.2 Councillors and staff must not take advantage (or seek to take advantage) of their status or position with, or functions performed for, council in order to obtain unauthorised or unfair benefit for themselves or for any other person or body.

7 RELATIONSHIPS BETWEEN COUNCILLORS AND STAFF

Councillors and staff are to promote collaborative working relationships in support of Council’s values of teamwork, customer service, and the provision of a safe and trusting workplace.

7.1 Obligations of Councillors

7.1.1 Council is a statutory corporation. The councillors are the governing body of the corporation. Councillors have the responsibility of directing and controlling the affairs of council in accordance with the Local Government Act 1993.

7.1.2 Councillors must:

· Only provide, by way of council or committee resolution, or by the Lord Mayor exercising their power under s226 of the Local Government Act 1993, proper and appropriate direction to the General Manager in the performance of council’s functions

· Refrain from, in any public or private forum, directing or improperly influencing, or attempting to direct or improperly influence, any other member of the staff of the council or a delegate of the council in the exercise of the functions of the member or delegate

· Only contact a member of the staff of the council in accordance with the Policy for Interaction Between Councillors and Staff, and associated procedures adopted by Council and authorised by the General Manager

· Councillors must not involve themselves in issuing unlawful instructions to Council’s tenderers, contractors and legal advisers

· Properly examine all the information provided to them relating to matters that they are dealing with, sufficient to make a decision on the matter in accordance with council’s charter.

7.2 Obligations of Staff

7.2.1 The General Manager is responsible for the efficient and effective operation of the council’s organisation and for ensuring the implementation of the decisions of council without delay.

7.2.2 Council staff have an obligation to:

· Provide courteous and timely advice when requested

· Give their attention to the business of council while on duty

· Ensure that their work is carried out efficiently, economically and effectively

· Carry out lawful directions given by any person having authority to give such directions

· In dealings with Councillors, abide by the requirements of the Policy for Interaction Between Councillors and Staff and associated procedures

· Give effect to the lawful policies, decisions and practices of the council, whether or not the staff member agrees with or approves of them.

Council Policy:	Policy for Interaction Between Councillors and Staff (2005)

7.3 Obligations During Meetings

7.3.1 Councillors and staff must act in accordance with Council’s Code of Meeting Practice and the Local Government (General) Regulation 2005during council and committee meetings.

7.3.2 Councillors and staff must respect the chair, other councillors and staff and any members of the public present during council and committee meetings or other formal proceedings of the council regardless of the location.

Related Legislation:

Part 10, Local Government (General) Regulation 2005

Council Policy

Code of Meeting Practice (2006)

Policy for Interaction Between Councillors and Staff (2005)

7.4 Inappropriate Interactions

The following interactions are inappropriate:

· Staff being asked to answer questions or provide document to councillors who are overbearing or threatening;

· Staff approaching councillors directly (rather than via their Group Manager, staff representative or union delegate) on staffing or political issues;

· Staff refusing to give information, which is available to other councillors, to a particular councillor because of the staff member’s or councillor’s political views;

· Staff lobbying councillors to change resolutions of Council or to intervene in processes that are beyond the responsibility of the Councillor;

· Staff or Councillors who have an application before council discussing the matter with Development Service Unit staff without following the procedures contained in the Policy for Interaction Between Councillors and Staff;

· Staff providing advice to councillors without recording or documenting the interaction as they would if the advice was provided to a member of the community;

· Staff giving preferential service or acting improperly partial to one or more Councillors;

· Unreasonable approaches by councillors or staff outside the council building or outside hours of work to discuss council business;

· Staff or Councillors making threatening, rude or inflammatory comments about other Councillors or staff;

· Councillors approaching non-executive members of staff for information on sensitive or controversial matters;

· Councillors unreasonably approaching staff outside the council building or outside hours of work to discuss council business;

· Councillors who have a DA before council discussing the matter with staff in planning and development assessment areas of council;

· Councillors directing or pressuring staff in the performance of their work, or recommendations they should make;

· Councillors approaching staff directly for particular assistance or information (confidential or otherwise) not generally available to the public;

· Councillors becoming involved in the day-to-day operations of the Council.

· Councillors personally reprimanding staff, rather than discussing matter through the appropriate management channels.

8 ACCESS TO COUNCIL INFORMATION AND RESOURCES

8.1 Councillor Access to Information

Council staff must provide Councillors with records and information in accordance with the Policy for Interaction Between Councillors and Staff.

8.2 Use and Security of Council Information

8.2.1 It is important that councillors and staff carry out their duties in a manner that allows them, delegates and the public to remain informed about local government activity and practices. Councillors and staff have a responsibility to create and maintain adequate documentation to support the transparency and accountability of Council’s operations.

8.2.2 Councillors and staff must:

· Protect confidential information

· Only access information needed for council business

· Not use confidential information for any non-official purpose

· Only release confidential information if they have authority to do so

· Only use confidential information for the purpose it is intended to be used

· Only release other information in accordance with established council policies and procedures and in compliance with relevant legislation.

· Not use council information for personal purposes.

· Not disclose any information discussed during a confidential session of a council meeting.

· Take care to maintain the integrity and security of confidential documents or information in their possession, or for which they are responsible.

· Comply with the Information Protection Principles and Health Privacy Principles, council’s privacy management plan, the Privacy Code of Practice for Local Government, The Privacy and Personal Information Protection Act 1998 and the Health Records and information Privacy Act 2002. Personal information is information or an opinion about a person whose identity is apparent, or can be determined from the information or opinion.

8.2.3 Councillors and staff must not

· Use confidential information gained through their official position for the purpose of securing a private benefit for themselves or for any other person.

· Seek or obtain, either directly or indirectly, any financial benefit or other improper advantage for themselves, or any other person or body, from any information to which they had access in the exercise of their official functions or duties by virtue of their office or position.

· Use confidential information with the intention of improperly causing harm or detriment to council.

Related Legislation and Policy:

Local Government Act 1993, sections 11 – 13 incl. and sections 664 – 666 incl.

Freedom of Information Act 1989

Privacy and Personal Information Protection Act 1998

Health Records and information Privacy Act 2002

Council Policies

Access to Information Policy (2006)

Privacy Management Plan (2006)

Staff Policy:

Records Management Policy (2001)

8.3 Use of Council Resources

8.3.1 Councillors and staff must

· Use council resources ethically, effectively, efficiently and carefully in the course of their public or professional duties, and must not use them for private purposes (except when supplied as part of a contract of employment or in accordance with council policy) unless this use is lawfully authorised and proper payment is made where appropriate.

· Be scrupulous in their use of council property, official services and facilities and should not permit their misuse by any other person or body.

· Avoid any action or situation which could create the impression that council property, official services or public facilities are being improperly used for their own or any other person or body’s private benefit or gain.

8.3.2 Councillors and staff must not

· Convert any property of the council to their own use unless properly authorised. All Council owned property must be returned to Council upon termination of office or employment with Council.

· Use council’s internet and/or email services for purposes inconsistent with the normal daily business and research operations of council.

· Use council’s computer resources to search for, access, download or communicate any material of an offensive, discriminatory, obscene, pornographic, threatening, abusive or defamatory nature. The use of Council’s technology resources must be in accordance with any adopted Council policies.

· Use council resources, equipment and work time in relation to secondary employment or other business pursuits.

8.3.3 The interests of a councillor in their re-election is considered to be a personal interest and as such the reimbursement of travel expenses incurred on election matters is not appropriate. The use of council letterhead, council crests and other information that gives the impression it is official council material must not be used for these purposes.

8.3.4 Council staff must provide Councillors with access to Council premises in accordance with the Policy for Interaction Between Councillors and Staff.

Related Legislation:

Policy on Civic Office Expenses and Facilities (2005)

Staff Policy:

Internet and Email Policy (2000)

Mobile Phone Policy (2002)

For further guidelines see:

Guidelines to Code of Conduct - 11 Use of Resources and Equipment

9 REPORTING BREACHES, INVESTIGATIONS AND SANCTIONS

9.1 Corrupt Conduct, Maladministration and Waste of Public Resources

9.1.1 Councillors and staff have an obligation to act honestly and to report any instances of suspected corrupt conduct, maladministration and serious and substantial waste of public resources in accordance with Council’s Internal Reporting Policy. Staff are to report to their Unit Manager, Group Manager, the Disclosures Co-ordinator or the General Manager. Councillors are to report to the Lord Mayor or the General Manager. Where necessary, the General Manager is obliged to refer matters to the ICAC, Ombudsman and/or the Police.

9.1.2 The Protected Disclosures Act 1994 provides certain protections against reprisals for councillors and staff who report such matters. It is an offence to take detrimental action against people who make such reports.

9.2 Reporting Breaches of the Code of Conduct

9.2.1 Councillors and staff also have an obligation to report suspected breaches of this Code of Conduct or any related policies to the General Manager.

9.3 Investigation of Breaches of this Code

9.3.1 Investigation procedures – staff conduct (excluding the General Manager)

The General Manager or their nominee will investigate alleged breaches of the Code of Conduct by council staff and others engaged by the Council and will determine the matter.

Where the General Manager has determined not to investigate a matter, the General Manager will give reasons in writing.

9.3.2 Investigation procedures – councillor and General Manager conduct

Where a councillor or member of staff believes that the General Manager has failed to comply with this code, the councillor should report the matter to the Lord Mayor who will, as appropriate, inform the General Manager and report the matter to the Conduct Committee.

Councillors must report suspected breaches of the code of conduct to the Lord Mayor and the General Manager in the first instance and refrain from making allegations at open council meetings.

Where appropriate, the General Manager will report the matter to the Conduct Committee. Where the General Manager has determined not to report the matter to the Conduct Committee, the General Manager will give the complainant the reason(s) in writing. All legal advice is to be obtained by the legal representative on the Conduct Committee.

9.3.3 Procedural Fairness

An investigation conducted by the General Manager or the Conduct Committee will follow the rules of procedural fairness. The investigator must:

· Inform the person/s against whose interests a decision may be made of any allegations against them and the substance of any adverse comment in respect of them

· Provide the person/s with a reasonable opportunity to put their case

· Hear all parties to a matter and consider submissions

· Make reasonable inquiries or investigations before making a decision

· Ensure that no person decides a case in which they have a direct interest

· Act fairly and without bias

· Conduct the investigation confidentially and without undue delay, and

· Neither confirm nor deny the investigation or any matters relating to the investigation in any enquiries from the media.

9.4 Conduct Committee

9.4.1 Council’s conduct committee is established under section 355 of the Local Government Act 1993 and consists of the Lord Mayor, the General Manager, a legal adviser from a panel of alternating legal service providers, and Dr Simon Longstaff of the St James Ethics Centre, as an independent community representative. In the instance of a complaint being made against the Lord Mayor or the General Manager, the Deputy Lord Mayor will take the place of the Lord Mayor or General Manager on the committee.

9.4.2 Council’s Conduct Committee will be responsible for the investigation of allegations of breaches of the code of conduct by councillors and the General Manager, and must either:

· Determine not to maker enquiries into the allegation and give reasons in writing, or

· Investigate the alleged breach to determine the particular factual matters, or

· Engage an independent person to investigate the allegation to determine the particular factual matters.

9.4.3 Council’s Conduct Committee must decide whether a matter reported to it under this policy reveals a prima facie breach of this code. The Conduct Committee will report its findings, and reasons for these findings, in writing to the Council, the complainant and the person subject of the complaint.

9.4.4 The Conduct Committee may recommend that council take any actions provided for in this policy that it considers reasonable in the circumstances.

9.4.5 In the event that defamation proceedings are taken or threatened to be taken against a member of the Conduct Committee arising out of comments or actions of a member of the Conduct Committee in a Council meeting or on Conduct Committee related business and providing that Council is satisfied that such comments were made during the consideration of Council Conduct Committee business, in good faith and without malice, Council shall consider and if it feels appropriate, resolve to indemnify or reimburse such Conduct Committee member, all legal expenses properly and reasonably incurred, given the nature of the inquiry, investigation, hearing or proceedings on a solicitor/client basis PROVIDED THAT

(i) The amount of such reimbursement shall be reduced by the amount of any monies that may be or are recouped by the member of the Conduct Committee on any basis.

(ii) The amount of such reimbursement in respect of solicitors' fees be limited to the extent that only fees charged at a rate equivalent to the hourly rate than being charged by Council's solicitor will be paid i.e., any portion of the expenses representing any hourly charge rate higher than the then hourly charge rate of Council's solicitor will not be reimbursed.

(iii) Any reimbursement shall not include any damages awarded against the member of the Conduct Committee.

(iv) Any reimbursement shall not include any action by one Councillor against another Councillor.

10 STAFF MISBEHAVIOUR AND SANCTIONS

10.1 Sanctions for staff depend on the severity, scale and importance of the breach and must be in accordance with Council’s Enterprise Agreement, relevant awards and agreements, and contracts.

10.2 Where the General Manager or their nominee finds that a member of staff has breached the code, action taken may include:

· Require the staff member apologise to any person adversely affected by the breach

· Counsel or reprimand the staff member

· Refer the matter to an appropriate investigative body if the matter is serious (for example, the Department of Local Government, the Independent Commission Against Corruption, the NSW Ombudsman or the NSW Police)

· Instigate dismissal procedures

· Prosecute for any breach of law.

11 COUNCILLOR MISBEHAVIOUR AND SANCTIONS

11.1 Where the council finds that a councillor has breached the code, it may decide by resolution to:

· Require the councillor to apologise to any person adversely affected by the breach

· Counsel the councillor

· Reprimand the councillor

· Censure the councillor

· Make public disclosures of inappropriate conduct

· Prosecute for any breach of law.

11.2 For the purposes of Chapter 14, Part 1, Division 3 of the Local Government Act 1993, failure by a councillor to comply with an applicable requirement of this code of conduct constitutes misbehaviour. (section 440F)

11.3 Under section 440G a council may by resolution at a meeting formally censure a councillor for misbehaviour.

11.4 Under section 440H, the process for the suspension of a councillor from civic office can be initiated by a request made by council to the Director General of the Department of Local Government.

11.5 The first ground on which a councillor may be suspended from civic office is where the councillor’s behaviour has been disruptive over a period, involving more than one incident of misbehaviour during that period, and the pattern of behaviour during that period is of such a sufficiently serious nature as to warrant the councillor’s suspension.

11.6 Council cannot request suspension on this ground unless during the period concerned the councillor has been:

· formally censured for incidents of misbehaviour on two or more occasions, or

· expelled from a meeting of the council or a committee of the council for an incident of misbehaviour on at least one occasion.

11.7 The second ground on which a councillor may be suspended from civic office is where the councillor’s behaviour has involved one incident of misbehaviour that is of such a sufficiently serious nature as to warrant the councillor’s suspension.

11.8 Council cannot request suspension on this ground unless the councillor has been:

· formally censured for the incident of misbehaviour concerned, or

· expelled from a meeting of the council or a committee of the council for the incident of misbehaviour concerned.

11.9 Under section 440H, the process for the suspension of a councillor can also be initiated by the Department of Local Government, the Independent Commission Against Corruption or the NSW Ombudsman.

Acting Group Manager City Services			Assistant Minutes Clerk – Michael Wearne
Stephen Kerr – Group Manager Corporate			Minutes Clerk – Grant Davies
Marcelo Occhuizzi –Acting Group Manager Outcomes & Development

Clr Omar Jamal – Arthur Philip Ward			Clr Lorraine Wearne - Lachlan Macquarie Ward
Clr Anita Brown – Elizabeth Macarthur Ward			Clr John Chedid – Elizabeth Macarthur Ward
Clr David Borger – Macarthur Ward Elizabeth			Clr Andrew Wilson – Lachlan Macquarie Ward
Clr Paul Garrard – Woodville Ward			Clr Tony Issa, OAM – Woodville Ward
Clr Julia Finn – Arthur Philip Ward			Clr Brain Prudames – Caroline Chisholm Ward
Clr Chris Worthington – Caroline Chisholm Ward	Clr Pierre Esber, Deputy Lord Mayor – Lachlan Macquarie Ward	Clr Maureen Walsh – Wooville Ward	Clr Chiang Lim – Arthur Phillip Ward

1View	Draft Riverbank Urban Design Strategy	41 Pages
2View	Draft Probity Process Plan 19 February 2008	22 Pages
3View	Draft Communication Plan	7 Pages
4View	Proposed Governance Model	2 Pages
5	Map of Riverbank block	1 Page

Key communication outcome	Suggested strategy
Provide consistency of information	One point of contact for Urban Design Framework and overall project management. Which will assist in ensuring enquiries are given consistent advice Separate point of contact for commercial dealings in relation to Council land / properties
Interaction between Council’s Riverbank project team and other parts of Council	Project management team – formal monthly team meetings with an agenda and meeting notes Informal team weekly meetings for progress updates Update at Senior Management Team for their information Formal update to General Management Team at key milestones Councillor workshops held at key milestones May include information on KISS and send info to customer service for general access by the rest of Council and questions from the community
Decision making	Council reports required for key decision making to be made by Council Regular project progress decision making to be done on an ongoing basis by the project team /leader and GMT as required
Interaction between Council’s team and external parties / external consultation (landowners and adjoining land owners)	Council run multi stakeholder meetings will require an external facilitator to be engaged by Council and notes of the meeting recorded by Council for Council records. For one on one meetings with stakeholders to be managed by the project manager and notes of the meeting recorded for Council records Parties must have demonstrated that they hold authority to represent land owners Proponents or other external parties will not contact or liaise with any Council official other than those designated as the official contact persons Any communication with landowners/stakeholders should be appropriately documented
Communication with the community and tenants within the block	The following communication techniques will be used to keep the general community informed: - stories in the local paper, Council web and Council’s community newsletter and KISS For the tenants in addition to the above communication techniques it is proposed that a newsletter be developed and distributed on at least a quarterly basis on progress and updates. The timing of the newsletter can vary as the project develops.
Media management	Media Unit to liaise with the project manager to obtain the most up to date information available for public release
Confidential information	All members of the project team to sign confidentiality agreements All members of GMT to sign confidentiality agreements Ensure appropriate security controls are implemented to guarantee that confidential information is released to personnel on a need to know basis and all security arrangements are detailed to council staff and any external individuals involved in the negotiation All external / proponent personnel involved in the negotiation be required to sign confidentiality undertakings The project leader is to assess the access of information and provision of information to external parties and make a record of these decisions Confidential information to be flagged as confidential within TRIM and access to be limited
Information management	Records of the negotiation process should be maintained and responsibility for generating and maintaining such records should be clearly defined and communicated Council should develop a mailing list to distribute desired information to third parties who request to be updated of the process. Third parties should be advised that they must register with Council to receive the information. This list needs to clarify level of information that can be released to different stakeholders as their role with the project / redevelopment, may enable them to access more information than other stakeholders. Some adjoining landowners may choose to become an active partner with Council in the Riverbank project and choose to share costs for obtaining information /research as such there will be a difference in the level of information shared and the associated responsibilities with this that needs to be clarified and agreed upon. Council may choose to share costs of research with external parties and agreement needs to be gained that this information may be distributed to other parties. Records should be maintained of the meetings with stakeholders which document the information provided, any questions asked, and whether further action is required. All meeting notes of internal and external meetings and other information relevant to the Riverbank project is to be stored in TRIM. Maintain file notes of all communication with proponents or external parties Any information provided by the other party which they consider commercially sensitive or intellectual property should be nominated as such. Agreement to be gained prior to distributing information gained from external parties Each party is responsible for maintaining their own notes (Council hold only one record from the meeting) Council will share information researched or developed by Council with everyone equally unless deemed commercial in confidence and therefore subject to management of confidential information No reliance may be placed upon information unless it is provided in writing by Council Council may wish to allow various stakeholders to make contact with each other, or to disseminate information from one third party to another. Prior to providing any stakeholder with another’s contact details or other information, Council is required to obtain expressly informed consent by that stakeholder. The stakeholder’s written consent should be obtained prior to releasing their contact details or information to other stakeholders. A record should be kept of the written consent from the stakeholder to ensure Council can demonstrate authority to release a stakeholder’s contact details or other information. Agendas and Minutes of meetings with external stakeholders to be provided and filed Ensure Council resolutions are made for major decision making Maintain documentation used as part of the basis for assessment (including that obtained from internal or third party sources) Maintain record of individuals involved in the process, both internal and external Access to information to be separated on the basis of confidential versus non confidential information

1View	ATSI Advisory Committee meeting agenda 4 March 2008	2 Pages
2View	ATSI Advisory committee meeting minutes 4 March 2008	4 Pages

1View	Meeting of Youth Advisory Committee 12 March 2008 - Agenda	2 Pages
2View	Meeting of Youth Advisory Committee 12 March 2008 - Minutes	6 Pages

1View	Preliminary Review of Current Memoorandum of Understanding	1 Page
2View	Current Memorandum of Understanding with NSW Police	6 Pages

1View	Detailed Report	9 Pages
2View	Map of proposed North West Metro	2 Pages

1View	Hatzistergos John The Hon MP Attorney General & Minister for Justice Re Parramatta Bail Court 5 March 2008	2 Pages
2View	CSAC Minutes 12 March 08	4 Pages

AGENDA TOPIC		ATTACHMENTS
1.	Acknowledgement of the Traditional Owners - The Dharug People
2.	Welcome and Introductions
3.	Apologies
4.	Conflict of Interest Declarations
5.	Confirmation of Minutes 5 February 2008	Attachment 1a
6.	Business Arising
7.	NAIDOC 2008 Planning
8.	Report from ATSI Executive Committee
9.	General Business
10.	Information Sharing
11.	Close

1View	GST Audit Memo	1 Page
2View	Goods and Services Tax Certificate	1 Page

1View	Investments & Loans - Performance	1 Page
2View	Summary of Investments Portfolio	2 Pages

1View	LGMA 2008 Registration papers	2 Pages
2View	LGMA 2008 Registration Brochure	16 Pages

1View	City Development World Australasia 2008 Registration Form	3 Pages
2View	City Development World Australasia 2008 Program	8 Pages

1View	Report of the Parramatta City Council Code of Conduct Committee dated 16 April 2008	6 Pages
2View	Protocols for Code of Conduct Committee	4 Pages
3View	Code of Conduct	25 Pages