Agenda of Communications Panel Meeting

Notice of Meeting

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Communications Panel Meeting

A Communications Panel Meeting of Byron Shire Council will be held as follows:

Venue	Meeting Room 2, Station Street, Mullumbimby
Date	Thursday, 6 July 2017
Time	2.00pm

Ken Gainger

General Manager I2017/947

Distributed 06/06/17

CONFLICT OF INTERESTS

What is a “Conflict of Interests” - A conflict of interests can be of two types:

Pecuniary - an interest that a person has in a matter 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.

Non-pecuniary – a private or personal interest that a Council official has that does not amount to a pecuniary interest as defined in the Local Government Act (eg. A friendship, membership of an association, society or trade union or involvement or interest in an activity and may include an interest of a financial nature).

Remoteness – a person does not have a pecuniary interest in a matter if the interest is so remote or insignificant that it could not reasonably be regarded as likely to influence any decision the person might make in relation to a matter or if the interest is of a kind specified in Section 448 of the Local Government Act.

Who has a Pecuniary Interest? - a person has a pecuniary interest in a matter if the pecuniary interest is the interest of the person, or another person with whom the person is associated (see below).

Relatives, Partners - a person is taken to have a pecuniary interest in a matter if:

§ The person’s spouse or de facto partner or a relative of the person has a pecuniary interest in the matter, or

§ The person, or a nominee, partners or employer of the person, is a member of a company or other body that has a pecuniary interest in the matter.

N.B. “Relative”, in relation to a person means any of the following:

(a) the parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descends or adopted child of the person or of the person’s spouse;

(b) the spouse or de facto partners of the person or of a person referred to in paragraph (a)

No Interest in the Matter - however, a person is not taken to have a pecuniary interest in a matter:

§ If the person is unaware of the relevant pecuniary interest of the spouse, de facto partner, relative or company or other body, or

§ Just because the person is a member of, or is employed by, the Council.

§ Just because the person is a member of, or a delegate of the Council to, a company or other body that has a pecuniary interest in the matter provided that the person has no beneficial interest in any shares of the company or body.

Disclosure and participation in meetings

§ A Councillor or a member of a Council Committee who has a pecuniary interest in any matter with which the Council is concerned and who is present at a meeting of the Council or Committee at which the matter is being considered must disclose the nature of the interest to the meeting as soon as practicable.

§ The Councillor or member must not be present at, or in sight of, the meeting of the Council or Committee:

(a) at any time during which the matter is being considered or discussed by the Council or Committee, or

(b) at any time during which the Council or Committee is voting on any question in relation to the matter.

No Knowledge - a person does not breach this Clause if the person did not know and could not reasonably be expected to have known that the matter under consideration at the meeting was a matter in which he or she had a pecuniary interest.

Participation in Meetings Despite Pecuniary Interest (S 452 Act)

A Councillor is not prevented from taking part in the consideration or discussion of, or from voting on, any of the matters/questions detailed in Section 452 of the Local Government Act.

Non-pecuniary Interests - Must be disclosed in meetings.

There are a broad range of options available for managing conflicts & the option chosen will depend on an assessment of the circumstances of the matter, the nature of the interest and the significance of the issue being dealt with. Non-pecuniary conflicts of interests must be dealt with in at least one of the following ways:

§ It may be appropriate that no action be taken where the potential for conflict is minimal. However, Councillors should consider providing an explanation of why they consider a conflict does not exist.

§ Limit involvement if practical (eg. Participate in discussion but not in decision making or vice-versa). Care needs to be taken when exercising this option.

§ Remove the source of the conflict (eg. Relinquishing or divesting the personal interest that creates the conflict)

§ Have no involvement by absenting yourself from and not taking part in any debate or voting on the issue as if the provisions in S451 of the Local Government Act apply (particularly if you have a significant non-pecuniary interest)

RECORDING OF VOTING ON PLANNING MATTERS

Clause 375A of the Local Government Act 1993 – Recording of voting on planning matters

(1) In this section, planning decision means a decision made in the exercise of a function of a council under the Environmental Planning and Assessment Act 1979:

(a) including a decision relating to a development application, an environmental planning instrument, a development control plan or a development contribution plan under that Act, but

(b) not including the making of an order under Division 2A of Part 6 of that Act.

(2) The general manager is required to keep a register containing, for each planning decision made at a meeting of the council or a council committee, the names of the councillors who supported the decision and the names of any councillors who opposed (or are taken to have opposed) the decision.

(3) For the purpose of maintaining the register, a division is required to be called whenever a motion for a planning decision is put at a meeting of the council or a council committee.

(4) Each decision recorded in the register is to be described in the register or identified in a manner that enables the description to be obtained from another publicly available document, and is to include the information required by the regulations.

(5) This section extends to a meeting that is closed to the public.

BYRON SHIRE COUNCIL

Staff Reports - General Manager 4.1

Staff Reports - General Manager

Report No. 4.1 Emergency Communication Plan

Directorate: General Manager

Report Author: Donna Johnston, Media and Communications Officer

File No: I2017/933

Theme: Corporate Management

Organisation Development

Summary:

In review of the recent Cyclone Debbie Flood event, the attached Emergency Communication Plan has been developed to provide guidance and support for future events.

The Communications Panel is asked to review the plan for input and support it being reported to Council as part of the report to Resolution 17-130.

RECOMMENDATION:

That the DRAFT Emergency Communication Plan is reported to Council as part of the Review of Natural Disaster Response Protocols report.

Attachments:

1 DRAFT Emergency Communication Plan, E2017/69632 , page 6⇩

Report

In review of the recent Cyclone Debbie Flood event, the attached Draft Emergency Communication Plan has been developed to provide guidance and support for future events.

While recognising that the administration is in the progress of developing a Business Continuity Plan, the Emergency Communication Plan has been developed to act as an interim internal document.

The plan also acts to support Part 1 the Council resolution 17-130 from 20 April, 2017.

Mayoral Minute No. 8.1 Review of Natural Disaster Response Protocols

17-130

Resolved that a Natural Disaster report be brought to Council prior to the Winter that:

1. Reviews and reports on Council extreme weather and disaster communication protocols, including:

a) Investigation on the use of SMS messaging to update, inform and alert residents at times of extreme weather events

b) Liaising with other high subscriber media outlets to provide as broad coverage as possible

c) Considering regularity of community updates that may include updates at least four times daily that include

i) status updates on Council controlled assets (including sporting centres, libraries and pools)

ii) infrastructure (including roads, bridges, causeways, parks and cycleways)

iii) updates provided by external organisations and essential and emergency service providers

d) Contracting extra temporary communication staff to support the work of permanent communication staff

e) Consideration of a register of residents located in close proximity to critical points be listed as a community contact

The DRAFT Emergency Communication Plan is in addition to the Tweed Byron Local Emergency Management Plan (EMPLAN); the EMPLAN details arrangements for, prevention of, preparation for, response to and recovery from emergencies within the Tweed/Byron Local Government Areas.

Council’s DRAFT Emergency Communication Plan details key personnel, actions, key message requirements and example messages; it is broken into three sections of:

· Prepare

· Response

· Recovery

The Communications Panel is asked to review the plan for input and support prior to it being reported to Council as part of the report to Resolution 17-130.

Financial Implications

Actions within the plan will require resources should they occur.

Statutory and Policy Compliance Implications

None

BYRON SHIRE COUNCIL

Staff Reports - General Manager 4.1 - Attachment 1

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BYRON SHIRE COUNCIL

Staff Reports - General Manager 4.2

Report No. 4.2 Revised Community Engagement Policy

Directorate: General Manager

Report Author: Donna Johnston, Media and Communications Officer

File No: I2017/934

Theme: Corporate Management

Organisation Development

Summary:

Council’s Community Engagement Policy has been revised as part of an ongoing conversation with the Community Roundtable. The revision has been undertaken to strengthen transparency, build partnerships and support community input in Council decision making.

RECOMMENDATION:

That the Communications Panel recommends to Council that the Revised Community Engagement Policy is put on public exhibition and if no non-supportive submissions are received, that it is adopted.

Attachments:

1 REVISED Community Engagement Policy, E2017/69630 , page 41 ⇩

Report

Council’s current Community Engagement Policy was adopted in August 2015 and replaced the Community Consultation and Participation in Council’s Decision Making Policy that was adopted in 1998.

At the request of Community Roundtable, the 2015 Community Engagement Policy was reviewed and key elements from the former policy bought back into the revised policy.

Changes, as proposed by the Community Roundtable, are within the attached document and are marked in red. They include:

1. a new section on Aims

2. support of the Planning for People, a Community Charter for Good Planning in NSW previously endorsed by Council

3. a new section title Prior to Consultation

4. examples of Levels of Public Participation

5. a new section on Community, business and special interest groups

6. A new section on Community Reference Group

7. Byron Shire Council Engagement Matrix

8. Council Communication and Engagement Plan Template

The Community Roundtable was provided with three opportunities to provide feedback, including a workshop session. At its last meeting in May, the group requested that the revised Policy be sent to the Communications Panel for consideration and be reported to Council.

The purpose of the Revised Community Engagement Policy is to articulate Council’s whole-of-organisational commitment to healthy, rigorous and well evaluated community engagement processes.

The policy aims to promote good governance and guide effective community engagement practices to support decision making in the public interest. It will provide community (civil society) members with a clear understanding of Council’s role and the avenues for meaningful public participation.

Financial Implications

None

Statutory and Policy Compliance Implications

There will be occasions when engagement practices must comply with statutory requirements within legislation. In these cases Council will adhere to the legislative requirement as the minimum standard. For example, engagement for particular types of projects is required under the following New South Wales legislation:

· Local Government Act 1993

· Environmental Planning and Assessment Act 1979

· Public Health Act 2010

· Road Act 1993

BYRON SHIRE COUNCIL

Staff Reports - General Manager 4.2 - Attachment 1

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