Draft Constitution - Belongil Catchment Advisory Committee

BYRON SHIRE COUNCIL

13.6 - Attachment 1

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BYRON SHIRE COUNCIL

BELONGIL CATCHMENT ADVISORY COMMITTEE

DRAFT CONSTITUTION

BYRON SHIRE COUNCIL

13.6 - Attachment 1

INFORMATION ABOUT THIS DOCUMENT

Date Adopted by Council	TBC	Resolution No.
Responsibility	Infrastructure Services
Review Timeframe	Annually
Last Review Date:	September 2015	Next Scheduled Review Date	September 2016

Document History

Doc No.	Date Amended	Details Comments eg Resolution No.
		Council Res No. 15-236 Item 6

Further Document Information and Relationships

Related Legislation

Section 355, Local Government Act (1993), Section 377, Local Government Act (2003)

Related Policies

Code of Meeting Practice

Code of Conduct

Work Health Safety Policy

Related Procedures/ Protocols, Statements, documents

BYRON SHIRE COUNCIL

13.6 - Attachment 1

1. Preamble

The Belongil Catchment Committee is an advisory Committee of the Council and does not have executive power or authority to implement actions.

The role of the Committee is, independently of management, to report to Council or Strategic Planning Committee and provide appropriate advice and recommendations on matters relevant to this Constitution.

2. Purpose

The purpose of the Belongil Catchment Committee is in accordance with Council Resolution 15-236 Item 6:

1. To advise on priorities and on integration of the various Plans and Strategies impacting on the Belongil Catchment, including any agreements between Council and Catchment Landowners and/or the Belongil Swamp Drainage Union, and on other catchment issues within the Belongil Catchment.

3. Membership

Membership is to include:

· 3 councillors

· up to 6 community representatives

· General Manager (or delegate)

Note: Staff members participating on the committee do not have voting entitlements.

4. Quorum

A quorum is reached when at least half the non-staff members are present and must include at least one councillor. The General Manager or delegate must also be present.

5. Confidentiality

Members of the committee will, in those circumstances where confidential matters are subject to deliberation, maintain confidentiality.

6. Election of Chairperson

The position of Chairperson is to be elected from Councillors comprising the committee but only in circumstances where the Mayor elects not to assume the position of Chairperson.

7. Voting

Each member of the committee (with the exception of staff members) is to have one vote, with the Chairperson to have a casting vote in addition to a deliberative vote.

Members of the committee who are not councillors may abstain from voting in any circumstances without such abstention being recorded in the negative.

8.
Convening Meetings

At least quarterly meetings will be held.

An extra meeting of the committee may be convened in response to either the direction of the Chair in written form to the General Manager; a request by at least two committee members in written form to the General Manager; or by resolution of the Council.

9. Agenda Preparation

An agenda for each meeting, containing a brief report on each item, is to be provided to Committee members and available on Council’s website at least 7 days prior to the meeting being held.

Committee members may request items for inclusion in future agendas, through the Chair.

10. Records of meetings

a) The reports of meetings (Minutes) are to be circulated to members of the group within 7 days of the meeting so that members can provide feedback through the Chair on the draft unconfirmed minutes.

b) A report of the Committee meetings (Minutes) will be presented to Council or the Strategic Planning Committee at its next meeting.

11. Project Reference Groups

Project Reference Groups may be established at the direction of the Committee to address issues clearly identified by the Committee.

Project Reference Groups operate in accordance with Council’s adopted Constitution template for Project Reference Groups.

12. Section 377 Delegation

The Committee pursuant to section 377 of the Local Government Act (1993) has the following delegated functions but does not have the power to direct staff.

a) review, develop, endorse and forward submissions reflective of Council's adopted policy or plans on matters falling within the jurisdiction of the committee.

b) discuss and develop policy matters relating to the committee's jurisdiction and reflective of Council's strategic direction and forward recommendations to Council for consideration and adoption.

c) convene workshops on matters relevant to the committee's jurisdiction and make recommendations to Council arising from such workshops.

d) receive delegations and presentations on behalf of Council relating to those matters within the jurisdiction of the committee.

13. Meeting Practice

The meetings be conducted in accordance with Council’s Code of Meeting Practice.

14. Miscellaneous

Insurance: All Committee members are covered by the public liability policy of Council. This insurance does not preclude the Advisory Committee from due diligence and all Council policies must be adhered to.

Code of Conduct: All Committee members to abide by Council’s adopted Code of Conduct at all times.

Pecuniary Interest: Pecuniary Interest may be defined as an interest that a person has in a matter, as a Committee member or employee of a company or other body, because of a reasonable likelihood or expectation of appreciable financial gain or loss to the person, or another person with whom the person is associated. Such other person includes the spouse or de-facto partner or relative of the group member.

Section 446 of the Local Government Act states that:

“a member of a council committee, other than a committee that is wholly advisory, must disclose pecuniary interests..”

Even though the Local Government Act provides an exemption to disclose pecuniary interests Council’s preference is for members to declare pecuniary interests where applicable.

Work Health Safety: All Committee members are required to comply with the “Worker Responsibilities” as prescribed in the Work Health Safety Policy.