Agenda of Extraordinary Council - Monday, 25 September 2023

NOTICE OF EXTRAORDINARY COUNCIL MEETING

PUBLIC AGENDA

An Extraordinary Council Meeting of City of Parramatta Council will be held in the COUNCIL CHAMBER AT 5 PARRAMATTA SQUARE, PARRAMATTA on Monday, 25 September 2023 at 6:00PM.

Gail Connolly

CHIEF EXECUTIVE OFFICER

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STATEMENT OF ETHICAL OBLIGATIONS:

In accordance with clause 3.23 of the Model Code of Meeting Practice, Council is obligated to remind Councillors of the oath or affirmation of office made under section 233A of the Local Government Act 1993, and of their obligations under Council’s Code of Conduct to disclose and appropriately manage conflicts of interest – the ethical obligations of which are outlined below:

Obligations
Oath [Affirmation] of Office by Councillors	I swear [solemnly and sincerely declare and affirm] that I will undertake the duties of the office of Councillor in the best interests of the people of the City of Parramatta Council and the City of Parramatta Council that I will faithfully and impartially carry out the functions, powers, authorities and discretions vested in me under the Local Government Act 1993 or any other Act to the best of my ability and judgement.
Code of Conduct Conflict of Interests
Pecuniary Interests	A Councillor who has a pecuniary interest in any matter with which the Council is concerned, and who is present at a meeting of the Council at which the matter is being considered, must disclose the nature of the interest to the meeting. The Councillor must not be present at, or in sight of, the meeting: a) At any time during which the matter is being considered or discussed, or b) At any time during which the Council is voting on any question in relation to the matter.
Non-Pecuniary Conflict of Interests	A Councillor who has a non-pecuniary conflict of interest in a matter, must disclose the relevant private interest in relation to the matter fully and on each occasion on which the non-pecuniary conflict of interest arises in relation to the matter.
Significant Non-Pecuniary Conflict of Interests	A Councillor who has a significant non-pecuniary conflict of interest in relation to a matter under consideration at a Council meeting, must manage the conflict of interest as if they had a pecuniary interest in the matter.
Non-Significant Non-Pecuniary Interests	A Councillor who determines that they have a non-pecuniary conflict of interest in a matter that is not significant and does not require further action, when disclosing the interest must also explain why conflict of interest is not significant and does not require further action in the circumstances.

Extraordinary Council 25 September 2023

TABLE OF CONTENTS

ITEM SUBJECT PAGE NO

1 OPENING MEETING

2 ACKNOWLEDGMENT OF TRADITIONAL OWNERS OF LAND

3 WEBCASTING ANNOUNCEMENT

4 GENERAL RECORDING OF MEETING ANOUNCEMENT

5 APOLOGIES AND APPLICATIONS FOR LEAVE OF ABSENCE OR ATTENDANCE BY AUDIO-VISUAL LINK BY COUNCILLORS

6 DECLARATIONS OF INTEREST

7 Minutes of the Lord Mayor

8 Reports to Council - For Council Decision

8.1 Election of the Lord Mayor................. 8

8.2 Election of Deputy Lord Mayor......... 22

9 CONCLUSION OF MEETING

After the conclusion of the Council Meeting, and if time permits, Councillors will be provided an opportunity to ask questions of staff.

Extraordinary Council 25 September 2023 Item 8.1

REPORTS TO COUNCIL - FOR COUNCIL DECISION

ITEM NUMBER 8.1

SUBJECT Election of the Lord Mayor

REFERENCE F2022/03176 - D09112594

REPORT OF Chief Governance & Risk Officer

CSP THEME: FAIR

workshop/briefing date: Nil

PURPOSE:

To determine the voting method for the election of the Lord Mayor in accordance with Schedule 7 of the Local Government (General) Regulation 2021.

RECOMMENDATION

That Council:

(a) determines the method of voting for the election of the Lord Mayor.

(b) appoints the Chief Executive Officer as Returning Officer to undertake the election of the Lord Mayor for the period 25 September 2023 to 13 September 2024 inclusive, by announcing the nominations and then conducting the election.

(c) approves correspondence be forwarded to the Office of Local Government and the Chief Executive of LGNSW advising of the result of the election of the Lord Mayor.

BACKGROUND

1. The Local Government Act 1993 (the Act) and the Local Government (General) Regulation 2021 (the Regulations) determine the requirements and procedures for the election of the Lord Mayor by Councillors. Attachment 1 is the Fact Sheet from the NSW Government on Mayoral Elections.

2. A Lord Mayor elected by the Councillors holds the office of Lord Mayor for two years, subject to the Act. The period of office commences on the day the Councillor is declared to be elected as Lord Mayor until such time as the Mayoral term concludes or a casual vacancy arises. Attachment 2 is the Nomination Form for the Lord Mayor.

3. At the 22 May 2023 Extraordinary Meeting of Council, Councillor Sameer Pandey was duly elected Lord Mayor from 22 May 2023 to 25 September 2023.

4. Lord Mayor, Councillor Sameer Pandey’s term concludes effective from 6.00pm on 25 September 2023. Council is now required to elect a Lord Mayor from that date, up to 13 September 2024.

5. The outcome of the Lord Mayoral election may affect the membership of the internal Advisory Committees of Council. Attachment 3 lists the Councillors on Council’s internal Advisory Committees as outlined in each Committees’ Terms of Reference and resolutions at the Council meetings held on 21 February 2022, 14 March 2022 and 23 May 2022.

ISSUES/OPTIONS/CONSEQUENCES

6. The Chief Executive Officer is to be nominated as Returning Officer for the election of the Lord Mayor.

7. Traditionally, Council has conducted the election of the Lord Mayor by open means. However, Council may determine an alternative method of voting as follows:

a) Open voting (ie by show of hands);

b) Ordinary ballot (ie a secret ballot (place an “x” against the candidate of their choice);

c) Preferential ballot (ie place 1, 2, 3 etc against each candidate).

8. The election of the Lord Mayor will be conducted in accordance with Schedule 7 of the Regulations.

9. The Returning Officer will carry out the election in accordance with the method of voting determined by Council.

10. The result of the election will be announced at the meeting by the Returning Officer and the Returning Officer will notify the Office of Local Government and the Chief Executive of LGNSW of the result of the election.

CONSULTATION & TIMING

Stakeholder Consultation

11. Not required.

LEGAL IMPLICATIONS FOR COUNCIL

12. There are no legal implications for Council associated with this report.

FINANCIAL IMPLICATIONS FOR COUNCIL

13. There are no unbudgeted financial implications associated with the election of the Lord Mayor, other than those allocated for the conduct of extraordinary Council meetings. These costs are provided for within Council’s current adopted budget.

14. The current remuneration payable to the Lord Mayor in the conduct of their duties is $114,770 in accordance with Council resolution 4341 from the 13 June 2023 Ordinary Council Meeting.

15. The Lord Mayor and Councillors’ remuneration is provided for within Council’s adopted 2023/24 budget.

Roxanne Thornton

Chief Governance & Risk Officer

John Angilley

Executive Director Finance & Information

Gail Connolly

Chief Executive Officer

Attachments:

1 ⇩	Nomination Sheet - Lord Mayor 2023	1
2 ⇩	Fact Sheet OLG-Election of Mayor and Deputy Mayor by Councillors	6
3 ⇩	Councillor Membership - Council's Advisory Committees 2021 - 2024	4

REFERENCE MATERIAL

Extraordinary Council 25 September 2023 Item 8.2

REPORTS TO COUNCIL - FOR COUNCIL DECISION

ITEM NUMBER 8.2

SUBJECT Election of Deputy Lord Mayor

REFERENCE F2022/03176 - D09137540

REPORT OF Chief Governance & Risk Officer

CSP THEME: Fair

workshop/briefing date: Nil

PURPOSE:

To consider the election of a councillor to the position of Deputy Lord Mayor and the voting method by which the election will be conducted in accordance with Schedule 7 of the Local Government (General) Regulation 2021.

RECOMMENDATION

That Council:

(a) determines the method of voting for the election of the Deputy Lord Mayor.

(b) appoints the Chief Executive Officer as Returning Officer to undertake the election of the Deputy Lord Mayor for the period 25 September 2023 to 13 September 2024 inclusive, by announcing the nominations and then conducting the election.

(c) approves correspondence be forwarded to the Office of Local Government and the Chief Executive of LGNSW advising of the result of the election of the Deputy Lord Mayor.

BACKGROUND

1. At the Council meeting held on 13 June 2023, Councillor Cameron MacLean was duly elected Deputy Lord Mayor until 25 September 2023.

2. Section 231 of the Local Government Act 1993 (the Act) provides that Council may elect one of its members as Deputy Lord Mayor. The person may be elected for the Lord Mayoral term or a shorter term. Attachment 1 is the Fact Sheet from the NSW Government on Mayoral Elections.

3. The Deputy Lord Mayor may exercise any function of the Lord Mayor at the request of the Lord Mayor or if the Lord Mayor is prevented by illness, absence or otherwise from exercising the function or if there is a casual vacancy in the office of Lord Mayor.

4. Should Council resolve to elect a Deputy Lord Mayor, nominations shall be called for candidates for the position. If a Deputy Lord Mayor is to be elected by Councillors, the election is to be in accordance with Schedule 7 of the Local Government (General) Regulation 2021.

5. If two or more candidates accept a nomination for the office of Deputy Lord Mayor, Council shall determine the method for conducting the election.

ISSUES/OPTIONS/CONSEQUENCES

6. A nomination for the position of Deputy Lord Mayor is to be made in writing and endorsed by two or more Councillors (one of whom may be the nominee). The nomination is not valid unless the nominee has indicated consent to the nomination. Attachment 2 is the Nomination Form for the Deputy Lord Mayor.

7. The Returning Officer is to announce the names of the nominees at the Council meeting at which the election is to be held.

8. If only one Councillor is nominated, that Councillor is elected. If more than one Councillor is nominated, the Council is to resolve whether the election is to proceed by:

a) Open voting (ie by show of hands);

b) Ordinary ballot (ie a secret ballot (place an “x” against the candidate of their choice);

c) Preferential ballot (ie place 1, 2, 3 etc against each candidate).

9. If the method is open vote this is to be conducted by a show of hands. If the method is by preferential or ordinary ballot, this will be conducted by a secret vote.

10. The procedures for the different voting methods are in accordance with the Act and Fact Sheet in Attachment 1.

11. This election will be to elect a Deputy Lord Mayor until 13 September 2024.