Thirdslide

Committee Representation Council Policy

Committee Representation No: CPL40.4
Approval Date: 20 September 2017
Approved By: Council
Review Date: 20 September 2020
Responsible Officer: Chief Executive Officer Version No: 00
Authorising Officer: Chief Executive Officer


1. Purpose

To establish a framework for determining membership of Council committees.

2. Scope

To provide a framework for determining membership of Council’s committees, including:

  1. Special Committees;

  2. Advisory Committees;

  3. Operational Committees;

  4. External Committees;

  5. Statutory Committees; and

  6. Working Groups (Council Committees).


3. References

  • Local Government Act 1989 (the Act)

  • City of Greater Geelong Act 1993;

  • City of Greater Geelong Amendment Act 2017;

  • Councillor Code of Conduct;

  • Staff Code of Conduct.


4. Definitions

Act means the Local Government Act (Vic) 1989.

Advisory Committee means any committee established by Council other than a special committee that provides advice to:

  1. the Council; or

  2. a Special Committee; or

  3. a Council Officer who has been delegated a power, duty or function of the Council under section 98 of the Act.

Chairperson means the Chairperson of a Council Committee and includes acting, temporary, or substitute Chairperson.

City means the administration of the Greater Geelong City Council, lead by the Chief Executive Officer.

Council means the Greater Geelong City Council.

Councillor means a person who holds the office of member of Council.

Council Officer means a person employed by the Chief Executive Officer.

External Committee means a body on which a Council representative is entitled to be appointed to a non-remunerated position, whether that is a committee or a board of an organisation.

External Representatives means representatives from community, business, special interests groups and key stakeholders.

Mayor means any person elected as Mayor or acting in the capacity of Mayor.

Operational Committee means a committee which supports the operational performance of the City, including liaising with community representatives, to provide advice to:

  1. the Council; or

  2. a Special Committee; or

  3. a Council Officer who has been delegated a power, duty or function of the Council under section 98 of the Act.

Statutory Committee means any committee that is required to be convened under any legislation, including subordinate legislation.

Special Committee means a committee established by Council pursuant to section 86 of the Act that exercises a power or performs a duty or function of the Council that has been delegated to that committee under any Act.

Working Group means a collection of individuals with particular expertise to come together to achieve a stated objective.


5. Council Policy

5.1. Principles

In determining how the Council is best represented through its Council Committee membership, the following need to be considered:

5.1.1.

Good governance through Council Committee membership

  The membership of any Council Committee not solely comprised of Councillors shall be determined by appointing members with the appropriate skills and experience to carry out the functions of their role as a Council Committee representative, and to achieve a diversity and inclusion amongst the Council Committee membership, including:
  • a balance of skills and experience across the membership;
  • a range of personal attributes across the membership; and
  • equity and accessibility, with a focus on creating opportunities for members from minorities.

5.1.2.

Councillors

  Councillors should only be appointed to the following committees:
  1. Special Committees;
  2. Advisory Committees;
  3. External Committees, where it is appropriate for a Councillor to represent the Council on that committee; and/or
  4. Statutory Committees where it is required by law that a Councillor be appointed.
Councillors shall not be members of any Operational Committees or Working Groups.

5.1.3.

Council Officers

  Council Officers may be appointed to:
  1. Special Committees;
  2. Advisory Committees;
  3. Statutory Committees;
  4. External Committees; or
  5. Working Groups.
Council Officer’s shall be appointed to a Council Committee taking into consideration:
  1. a Council Officer’s role and responsibilities at the City;
  2. a Council Officer’s level of expertise and skills in the area;
  3. the level of responsibility within their own organisation of other representatives on External Committees;
  4. the level of policy development and decision making involved in the External Committee and the potential impact and influence in relation to Council’s strategic direction or priorities; and
  5. the opportunity to influence Council’s profile and reputation.

6. Method of Appointment

6.1 Council to appoint Councillors

The Council may appoint Councillors to the Committees listed in clause 5.1.2 herein.


6.2 The Mayor may appoint Councillors

The Mayor may, at his or her discretion:

  1. appoint a Councillor of the Council to a non-remunerated position to be the Council’s representative(s) on a body in respect of which the Council is entitled to representation; or

  2. appoint a Councillor of the Council to be the Chairperson of a Special Committee of which at least one member of the committee is a Councillor.

The Councillor appointed by the Mayor to be Chairperson of the Special Committee, if was not already a member of that committee, becomes a member of that committee on that appointment.

Refer to section 11E of the City of Greater Geelong Act (Vic) 1993


6.3 Chief Executive Officer

The Chief Executive Officer must appoint:

  • independent members to any Council Committees; and

  • Council Officers to any committees listed in clause 5.1.3 herein.


7 Constituency of Council Committees

7.1 Special Committees

Subject to clause 7.1 herein, the terms of reference of a Special Committee will nominate the constituency of the Special Committee which may consist of:

  • only Councillors;

  • a combination of Councillors, Council Officers and/or External Representatives; or

  • only Council Officers.


7.2 Advisory Committee

The terms of reference of an Advisory Committee will nominate the constituency of the committee which may consist of only Councillors; or a combination of Councillors, Council Officers and/or External Representatives.


7.3 Operational Committee

The terms of reference of an Operational Committee will nominate the constituency of the committee which may consist of Council Officers and External Representatives.


7.4 External Committee

The constitution, articles of association or terms of reference or other governing principles will nominate the constituency of the board/committee, including Councillor and/or Council Officer representation.


7.5 Statutory Committee

Legislation from time to time may require the appointment of:

  1. only Councillors;

  2. a combination of Councillors, Council Officers and/or External Representatives; or

  3. only Council Officers.


7.6 Working Group

Working Groups will be convened to manage a project or stated objective and may involve Council Officers and External Representatives.


8. Conflict of Interest

The Act describes when Councillors, Council Officers or External Representatives are required to disclose any conflicts of interest when sitting on Council Committees.


8.1 Conflict of Interest – Councillors

Pursuant to Division 1A of the Act, and the Councillor Code of Conduct, Councillors have obligations to disclose any conflict of interest. This applies equally to conflicts of interest Councillors may have as:

  • a member of a Council Committee; and

  • a member of Council hearing matters referred from a Council Committee of which a Councillor is a member, in which case a Councillor may have conflicting interests which must be declared and which may preclude a Councillor participating in a decision of Council about a matter referred from a Council Committee of which they are a member.

Councillors are required to proactively assess their individual circumstances and are personally responsible for determining if they have a conflict of interest in an honest, timely and transparent manner. Where necessary additional information and advice can be provided by persons authorised by the Chief Executive Officer as well as referral to the Councillor Code of Conduct Policy for details in regards to direct and indirect interest types.


8.2 Conflict of Interest – Council Officers and/or External Representatives

Members of a Council Committee must disclose any conflict of interest. When making the disclosure, the Council Committee member must state the class of interest as well as describing the detailed nature of the interest. This interest either being a direct interest or one of the following six indirect interests:

  • close association

  • indirect financial interest

  • conflicting duty

  • applicable gift

  • party to a matter

  • residential amenity

For more detailed information in respect to conflict of interest types, please refer to the Good Governance Guide - Conflict of interest.

Council Officers are also required to disclose any conflicts of interest pursuant to the Act and in accordance with the terms of the Staff Code of Conduct.


9. Quality Records

Quality Records shall be retained for at least the period shown below.

Record Retention/Disposal Responsibility Retention Period Location
Policy EDRMS As per PROV DMS


10. Attachments




Page last updated: Tuesday, 24 October 2017
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