Code of meeting practice

Introduction

Under Clause 360(2) of the Local Government Act 1993, Council may adopt a code of meeting practice that incorporates the regulations made for the purposes of this section, and supplements these regulations with provisions that are not inconsistent with them.

The following draft code of meeting practice is to be considered in conjunction with the provisions of the Local Government (Meetings) Regulation 1993, as well as the Local Government Act 1993. However, the provisions of the Act and the Regulations will at all times have precedence over the code.

Mode of addressing Council/Committees

Councillors shall stand to address Council on matters before the Council Meeting, and shall seek recognition from the Mayor/Chairperson before so doing. Councillors shall not be required to stand when addressing the Committee of the Whole (or any other Committee Meeting) but shall seek recognition from the Chairperson before doing so.

When directly referring to another elected member, the speaker will be required to use the prefix "Councillor" and the surname of the member to whom the comment is directed. All comments will be made through the Mayor or Chairperson.

Public access

Public access to Council Meetings is endorsed under the provisions set out on the policy entitled "Kiama Council Policy on Public Access".

Council Meeting format (including policy on the Committee of the Whole)

a) Council Meetings are to be normally held monthly on the third Tuesday of each calendar month commencing at 5pm.

b) The following issues are dealt with by resolution in the Open Council meeting where required:

• apologies
• adoption of minutes of previous meetings
• business arising from the minutes
• public access
• mayoral minutes
• reports of committees which have met since the last Council Meeting.
  (Note: Public access is allowed on matters to be considered at that Council Meeting.)

c) Council will then resolve to go into Committee of the Whole to deal with the following:

• officers' reports
• reports for Information
• notices of motions (except for rescission motions).

d) Council has adopted the following procedures:

For matters before the Committee of the Whole

1. All items on the business paper will be brought before the meeting by the Mayor/Chairman.
2. Where appropriate, the staff will be asked to provide additional information or clarification.
3. Objections/questions will then be called for from the floor of the meeting.
4. If objections are raised, normal meeting procedures will apply, leading eventually to a motion for a recommendation to be debated.
5. If no objection is raised the recommendation as listed will be deemed to be approved by the meeting. All recommendations so approved will then be subject to a general motion of adoption in Open Council at the conclusion of the committee section (see point e) below).
   If adopted, the recommendations of the Committee of the Whole are acted upon as resolutions of Council. Recommendations of the Committee of the Whole may be varied, overturned or deferred by resolution of Council at this time.

For matters before the Council meeting

1. All items will be introduced by the Mayor/Chairperson.
2. A motion will be sought from a mover and seconder.
3. Objections/questions will be called for. If no request to speak is received, the Mayor/Chairperson will declare the motion agreed and move on.
4. If objections are raised, the normal procedures of the Act and Regulations will apply for debate on motions.

e) At the conclusion of the reports dealt with in Committee of the Whole as detailed in point c) above, Council shall consider a motion to close the Committee of the Whole and to resume the Council Meeting. A motion shall then be presented for the adoption of recommendations from the Committee of the Whole which are to be confirmed. A Councillor wishing to vary, defer or overturn a recommendation would need to move such a motion/amendment at this time.

f) Following the determination of the motions in point e) Council shall then deal with the remainder of the business in open Council as follows:

• notice of Motions of rescission (if any)
• questions without notice (three per Councillor).

g) Council shall then go into Confidential Committee of the Whole (if required) to deal with any matters which require the exclusion of the press and public. The process outlined in point e) above shall then be employed to deal with recommendations arising from the Confidential Committee of the Whole.

Recording of minutes

Official minutes shall record the mover and seconder of all motions and amendments placed before the Council Meeting.

Council meeting times

Ordinary Council Meetings shall, unless otherwise resolved, commence at 5.00 pm on the appointed day and shall continue until the business has been completed or until 10pm that same evening, whichever comes first. Subject to a resolution approving of an extension, Council may extend the Council Meeting for a further hour (until 11pm) but shall then adjourn the meeting to a suitable time on the following day as agreed by Council.

Confidentiality of Council Chambers

The Council Chambers shall be locked during meal breaks or adjournments of Ordinary Council Meetings when Councillors and staff are absent from their seats, and business papers or personal effects remain in the Chambers.

Conduct of Councillors

Councillors shall conduct themselves in accordance with the Regulations and shall observe the following policy which was endorsed under the previous Local Government Act.

1. Any aggressive speech at any time during a Council Meeting may lead to the Councillor being asked to resume his or her seat and no further debate being allowed by that Councillor on that item. A formal warning will also be given.
2. The General Manager is directed to record in the Minutes any warnings given to any Councillors.
3. Members of Council who move around the Chamber without approval of the Chair will, after warning, have their behaviour ruled disorderly.;
4. Any interjectors will be warned and subsequent interjections may be ruled disorderly. No questions will be answered when put by way of interjection.
5. Members who wish to speak should indicate their desire from their seat. Once named, the member should rise and address Council when in Open Council. Any member who stands without authority will be warned and authority to speak will not be given. Councillors are not required to stand in Committee meetings.

Notice of business of Council Meetings

Except in emergencies, the General Manager shall wherever possible, give six days notice to Councillors of Ordinary Council Meetings (and of the business to be conducted at that meeting). In cases of emergencies, the requirements of Section 376(1) of the Local Government Act 1993 shall apply. For Extraordinary Meetings, the period of notice of the meeting and of the business thereof shall be three days, except in cases of emergency as provided in Section 376(2) of the Local Government Act 1993.

Notice of motions

Councillors may submit a notice of motion provided it is in writing, is dated and is signed by at least one Councillor. Such notices will be submitted for Council's consideration at the next Ordinary Council Meeting.

Notice of motion of rescission

Section 372 of the Local Government Act 1993 sets out the procedures for submission of notice of motions of rescission. Such notices shall be in writing and dated, and shall be signed by at least 3 Councillors.