Ordinary Meeting of Council 14 February 2018 Page 1 6.1 DRAFT SUBMISSION - LOCAL GOVERNMENT ACT 1995 REVIEW Ward: (No Wards) (Governance) Disclosure of Interest: Nil Authorised Officer: (Chief Executive Officer) KEY ISSUES • The Local Government Act is a large document that was last reviewed 22 years ago. • The Department of Local Government has split the review into two phases and has provided a Discussion Paper to assist both the sector and community provide comment on Phase 1. • Submissions on Phase One close on 9 March 2018. It is recommended that the Council endorse the attached submission for the City of Swan relating to Phase 1 of the Local Government Act review. BACKGROUND The Local Government Act 1995 (the Act) provides the framework for Western Australian local government. Local governments are created by the Act which sets out the functions, responsibilities and powers of local government. Western Australia has changed greatly since the Act was introduced in 1995. Public expectations of government and what can be achieved through technology have evolved. While the Act has been regularly amended, key aspects seem outdated. Earlier in 2017, the Minister for Local Government confirmed the commencement of a review of the Act and associated Regulations and advised the process would take place in two stages. The key themes of issues to be considered for each phase are as follows: Phase 1 Focus: modernising local government Key Topics: 1. Increasing elector participation 2. Electronic disclosure 3. Simplifying disclosure of gifts 4. Reducing red tape
Transcript
Ordinary Meeting of Council 14 February 2018
Page 1
6.1 DRAFT SUBMISSION - LOCAL GOVERNMENT ACT 1995 REVIEW
Ward: (No Wards) (Governance)
Disclosure of Interest: Nil
Authorised Officer: (Chief Executive Officer)
KEY ISSUES
• The Local Government Act is a large document that was last reviewed 22 years ago.
• The Department of Local Government has split the review into two phases and has provided a Discussion Paper to assist both the sector and community provide comment on Phase 1.
• Submissions on Phase One close on 9 March 2018.
It is recommended that the Council endorse the attached submission for the City of Swan relating to Phase 1 of the Local Government Act review.
BACKGROUND
The Local Government Act 1995 (the Act) provides the framework for Western Australian local government. Local governments are created by the Act which sets out the functions, responsibilities and powers of local government.
Western Australia has changed greatly since the Act was introduced in 1995. Public expectations of government and what can be achieved through technology have evolved. While the Act has been regularly amended, key aspects seem outdated.
Earlier in 2017, the Minister for Local Government confirmed the commencement of a review of the Act and associated Regulations and advised the process would take place in two stages. The key themes of issues to be considered for each phase are as follows:
Phase 1 Focus: modernising local government
Key Topics:
1. Increasing elector participation
2. Electronic disclosure
3. Simplifying disclosure of gifts
4. Reducing red tape
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Phase 2 Focus: Delivering for the community
Key Topics:
1. Improving behaviour and relationships
2. Increasing community participation
3. Enabling local government enterprises
4. Improving financial management
5. Reducing red tape
DETAILS
The first consultation paper was released by the Department on 8 November 2017. Initial closing date for submissions was 8 February 2018 and was extended in January to 9 March 2018.
The paper covers the following areas:
Meeting community expectations of standards and performance
1. Relationships between council and administration
2. Training
3. The behaviour of elected members
4. Local government administration
5. Supporting local governments in challenging times
6. Making it easier to move between State and local government employment
Public Confidence in Local Government
7. Gifts
Transparency
8. Access to information
9. Available information
Red Tape Reduction
10. Reducing red tape
Regional Subsidiaries
11. Regional Subsidiaries
There are 126 guiding questions in the paper.
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CONSULTATION
WALGA prepared and distributed an InfoPage and Discussion Paper in July 2017 requesting feedback from the sector to assist with their submission on the Local Government Act Review. The discussion paper covered issues identified over the past 8 years including advocacy positions resolved by the sector. The City of Swan did not provide an initial submission to WALGA on their discussion paper, preferring to wait for the release of the Department of Local Government's discussion paper.
Due to the complexity of the Local Government Act review item and the wide range of responses received from Zones, WALGA attempted to come up with a composite resolution that covered most areas and serves the majority of responses.
The final collated feedback was considered during the November/December 2017 round of Zone meetings and a decision made on sector positions at the 6 December WALGA State Council meeting. WALGA have now linked these, where appropriate, to the areas contained in the Department of Local Government's Discussion Paper.
The Department of Local Government held consultation workshops across the State. On 28 November 2017 two workshops were held at the City of Swan - one for Councillors and staff and the other for the community. Key staff and interested Councillors attended these workshops.
Councillors were invited to provide input into the preparation of the submission.
The attached City of Swan submission sets out the staff’s professional view on how the review and changes to the Act could improve the operation of local government.
ATTACHMENTS
City of Swan Submission - Phase 1 Local Government Act 1995 Review
STRATEGIC IMPLICATIONS
Consistent with the City's Strategic Community Plan 2017-2027 Governance G1.1 - Provide accountable and transparent leadership and G2.1 - Improve capability and capacity.
STATUTORY IMPLICATIONS
Local Government Act 1995
Local Government Act (Administration) Regulations 1996
Local Government Act (Rules of Conduct) Regulations 2007
Local Government Act (Regional Subsidiaries) Regulations 2017
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FINANCIAL IMPLICATIONS
Nil
VOTING REQUIREMENTS
Simple majority
RECOMMENDATION
That the Council resolve to:
1) Endorse the attached City of Swan submission relating to Phase 1 of the Local Government Act review.
2) Authorise City staff to provide the submission to the Department of Local Government by the deadline of 9 March 2018.
MOTION that the Council resolve to:
1) Endorse the attached City of Swan submission relating to Phase 1 of the Local Government Act review with the following changes:
a. For question 11, delete the word 'mandatory' and in its place insert the words 'strongly encourage'.
b. For question 15, delete the officer's comment.
c. For question 109, delete the officer's comment in regard to an annual general meeting of electors and in its place insert the comment 'The annual general meeting of electors should remain a requirement under the Local Government Act 1995.
2) Authorise City staff to provide the submission as amended to the Department of Local Government by the deadline of 9 March 2018.
3) Record the reason for changing the recommendation is to amend the City's submission to reflect that:
1. Training should be strongly encouraged for Councillors in order to improve their ability to serve their community however it should not be mandatory, and
2. The annual general meeting of electors should remain a requirement.
(Cr Kovalevs – Cr Johnson)
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RESOLVED UNANIMOUSLY TO:
1) Endorse the attached City of Swan submission relating to Phase 1 of the Local Government Act review with the following changes:
a. For question 11, delete the word 'mandatory' and in its place insert the words 'strongly encourage'.
b. For question 15, delete the officer's comment.
c. For question 109, delete the officer's comment in regard to an annual general meeting of electors and in its place insert the comment 'The annual general meeting of electors should remain a requirement under the Local Government Act 1995.
2) Authorise City staff to provide the submission as amended to the Department of Local Government by the deadline of 9 March 2018.
3) Record the reason for changing the recommendation is to amend the City's submission to reflect that:
1. Training should be strongly encouraged for Councillors in order to improve their ability to serve their community however it should not be mandatory, and
2. The annual general meeting of electors should remain a requirement.
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Provision Documents In person only
Website only
Both Neither
Section 5.53 Annual Report
Section 5.75 & 5.76
Primary and Annual returns – for Elected membersIncludes – sources of income Trusts Debts Property holdings. Interests and positions in corporations.
Section 5.87 Discretionary disclosures generally
Section 5.82 Gifts (already required to be on the website)
Section 5.83 Disclosure of travel contributions (already required to be on the website)
Elections Regulations 30H
Electoral gifts register
Section 5.98A Allowance for deputy mayor or deputy president
Section 5.100 Payments for certain committee members
Functions and General Regulations 17
Tenders register
Section 5.94 & Administration Regulations 29
Register of delegations to committees, CEO and employees
Minutes of council, committee and elector meetings
Future plan for the district
Annual Budget
Notice papers and agendas of meetings
Reports tabled at a council or committee meeting
Complaints register (concerning elected members)
Contracts of employment of the CEO and other senior
Note: There is no intention to amend the current limitations imposed by section 5.95 of the Act which limits the disclosure of certain information.
local government employees
Schedule of fees and charges
Proposed local laws
Gazetted Local laws (and other law that has been adopted by the district)
Rates record
Electoral roll
Proposal Should this be made available: No, optional, required?
Live streaming video of council meetings on local government website
Optional
Diversity data on council membership and employees
Yes
Elected member attendance rates at council meetings
Yes
Elected member representation at external meetings/events
Yes for formal and representational activities and also training
Proposal Should this be made available: No, optional, required?
Gender equity ratios for staff salaries Yes
Complaints made to the local government and actions taken
Optional
Performance reviews of CEO and senior employees
No
Website to provide information on differential rate categories
Yes
District maps and ward boundaries Yes
Adverse findings of the Standards Panel, State Administrative Tribunal or Corruption and Crime Commission.
No – this information is provided on those agencies websites
