9 minute read
Governance
The Wodonga Council is constituted under the Local Government Act 1989 and the Local Government Act 2020. Councils are expected to provide good governance by adhering to a number of overarching governance principles, which are listed below. • Council decisions are to be made and actions taken in accordance with the relevant law. • Priority is to be given to achieving the best outcomes for the municipal community, including future generations. • The economic, social and environmental sustainability of the municipal district, including mitigation and planning for climate change risks, is to be promoted. • The municipal community is to be engaged in strategic planning and strategic decisionmaking. • Innovation and continuous improvement is to be pursued. • Collaboration with other councils, governments and statutory bodies is to be sought. • The ongoing financial viability of the council is to be ensured. • Regional, state and national plans and policies are to be taken into account in strategic planning and decision making. • The transparency of council decisions, actions and information is to be ensured. The council is committed to effective and sustainable forms of democratic and corporate governance as the key to ensuring that council and its administration meet the community’s priorities. The community has many opportunities to provide input into council’s decision-making processes including community consultation. The council’s formal decision-making processes are conducted through council meetings. The council delegates the majority of its decisionmaking to council staff. These delegations are exercised in accordance with adopted council policies and guidelines.
MEETINGS OF THE COUNCIL
Council conducts public meetings every month, usually on the third Monday, commencing at 6pm. Members of the community are welcome to attend these meetings and observe from the gallery. The meetings are also live-streamed on the council’s YouTube channel. The video recording of the meeting is also available for subsequent viewing. Council meetings also provide the opportunity for community members to submit a written question to the council. For the 2020-2021 year, 16 council meetings were held, comprising 12 fixed meetings (formerly ordinary meetings) and four non-fixed meetings (formerly special meetings). The following table provides a summary of councillor attendance at council meetings for the 2020–2021 financial year.
COUNCILLORS FIXED MEETING
NONFIXED MEETING TOTAL
Kat Bennett 9 of 12 4 of 4 13
Libby Hall 11 of 12 4 of 4 15
Danny Lowe 4 of 4 2 of 2 6
Ron Mildren 12 of 12 4 of 4 16
Brian Mitchell 4 of 4 2 of 2 6
Kev Poulton 8 of 8 2 of 2 10
Olga Quilty 8 of 8 2 of 2 10
Graeme Simpfendorfer 8 of 8 2 of 2 10 Anna Speedie 4 of 4 2 of 2 6 John Watson 12 of 12 4 of 4 16
NB: A councillor should be counted as having attended an ordinary or special council meeting where a councillor is late to a meeting, is on an approved leave of absence or a vacancy has been created due to resignations, death, failure to take the oath of office or going out of office under section 28(3) of the Act.
COMMITTEES
Sections 63, 64 and 65 of the Local Government Act 2020 (LGA 2020) allow councils to establish delegated committees, joint delegated committees and community asset committees. In 2020-2021 there were no committees established under these provisions.
CODE OF CONDUCT
The council adopted a revised Councillor Code of Conduct at its meeting held on Monday, February 22, 2021. The Code: • Sets out the standards of conduct expected of
Wodonga councillors; • Endeavours to foster good working relations between councillors to enable councillors to work constructively together in the best interests of the Wodonga community; and, • Establishes a process for dispute resolution.
LOCAL LAW
The council’s Governance Rules commenced on September 1, 2020. The Governance Rules: 1. Establish a framework for decision-making; 2. Regulate and control the conduct of meetings of the council and delegated committees and community asset committees; 3. Establish rules for the disclosure of a conflict of interest; and, 4. Require the reporting of informal meetings of councillors.
CONFLICT OF INTEREST
Councillors are elected by the residents and ratepayers to act in the best interests of the community. This is a position of trust that requires councillors to act in the public interest. When a council delegates its powers to a council officer or a committee, the committee or officer also needs to act in the public interest. A conflict of interest occurs when a personal or private interest might compromise the ability to act in the public interest. A conflict of interest exists even if no improper act results from it. The council has a comprehensive procedure in place to accommodate the disclosure of a conflict of interest. Declaration of a conflict of interest is a standard agenda item for all Council meetings and informal meetings of councillors. While the procedures vary depending on the particular role and circumstances, in general they involve disclosing the relevant interests in a specific way and then stepping aside from the relevant decision-making process or from the exercise of the public duty. During 2020–2021, 15 conflicts of interest were declared at council meetings and three were declared at informal meetings of councillors. Further, councillors are required to submit a Personal Interests Return in which they are required to declare any interests. These returns are submitted twice yearly.
COUNCILLOR ALLOWANCES
Mayors and councillors are entitled to receive an allowance while performing their duties as an elected official. Pursuant to section 39 of the Local Government Act 2020 (LGA 2020), allowances for the mayor, deputy mayor and councillors are provided in accordance with a Determination of the Victorian Independent Remuneration Tribunal under the Victorian Independent Remuneration Tribunal and Improving Parliamentary Standards Act 2019. Despite the repeal of the allowance provisions under the Local Government Act 1989 (LGA 1989), those sections of LGA 1989 continue to apply in respect of allowances until such time as the first Determination is made by the Victorian Independent Remuneration Tribunal. Section 39(6) of LGA 2020 provides for this transitional arrangement. For the 12-month period July 1, 2020 to June 30, 2021 the councillor allowance was set at $26,245 per annum and the mayoral allowance was $81,204 per annum. NB: The Minister for Local Government determined that there would be no increase to allowances in 2020-2021. The following table contains a summary of the allowances paid to each councillor during the year.
NB: these amounts include an amount equivalent to the superannuation levy.
Councillor
Kat Bennett Libby Hall Danny Lowe Ron Mildren Brian Mitchell Kev Poulton Olga Quilty Graeme Simpfendorfer Anna Speedie John Watson
Allowance $
17,831.13
28,072.30 26,904.06
COUNCILLOR EXPENSES
In accordance with s.40 of LGA2020, the council is required to reimburse a councillor for expenses incurred while performing his or her duties as a councillor. The council is also required to adopt and maintain a policy in relation to the reimbursement of expenses for councillors (s.41 of LGA2020). The policy provides guidance for the payment of reimbursements of expenses and the provision of resources, facilities and other support to the mayor and councillors to enable them to discharge their duties. The council also publishes in its annual report the details of the expenses, including reimbursement of expenses for each councillor and member of a council committee paid by the council. The details of the expenses including reimbursement of expenses for each councillor and member of a council committee paid by the council for the 2020-2021 year are set out in the following table.
DETAILS OF COUNCILLOR EXPENSES
Councillor Travel Professional development Other Kat Bennett 0 1250 3537
Libby Hall 533 2389 3626 Danny Lowe 0 0 1179 Ron Mildren 419 2389 3616
Brian Mitchell 0 0 1179
Kev Poulton 2538 2389 2729
Olga Quilty 0 1250 2358
Graeme Simpfendorfer 0 1250 2500 Anna Speedie 0 0 1193 John Watson 0 1250 3577
Note: No expenses were paid by council, including reimbursements, to members of council committees during the year.
AUDIT AND RISK COMMITTEE
As part of the council’s governance obligations to its community, the council has constituted an Audit and Risk Committee to facilitate: • Enhancement of the credibility and objectivity of internal and external financial reporting; • Effective management of financial and other risks and the protection of council assets; • Compliance with laws and regulations as well as use of best practice guidelines; • The effectiveness of the internal audit function; and, • The provision of an effective means of communication between the external auditor, internal audit, management and the council. The Audit and Risk Committee consists of one councillor and three external independent members. Cr Brian Mitchell was the councillor representative from July 1, 2020 until October, 24, 2020. Cr Olga Quilty was the councillor representative from November 30, 2020 to June 30, 2021. External independent members are appointed for a three-year term, with the chair elected from among the external independent members. The external independent members in 2020-2021 were Belinda Olejniczak (July 2020 to November 2020), David Pendleton, Robyn Gillis (August 2020 to June 2021) and David Kortum (January 2021 to June 2021). The Internal Auditor and the Director Finance and Systems attend all meetings, and the Chief Executive Officer attends when possible. Other management representatives attend as required to present reports. The Audit and Risk Committee meets at least quarterly. Recommendations from each Audit and Risk Committee meeting are subsequently reported to, and considered by the council.
STATUTORY INFORMATION
The following information is provided in accordance with legislative and other requirements applying to council.
DOCUMENTS AVAILABLE FOR PUBLIC INSPECTION
In accordance with sections 57 and 58 of LGA2020, the council adopted a Public Transparency Policy at its meeting on August 17, 2020. The policy stipulates the types of documents available to the public, to ensure openness with decision making and council processes, as well as listing the types of documents that remain confidential.
FREEDOM OF INFORMATION
Access to documents may be obtained through written request to the Freedom of Information Officer, as detailed in section 17 of the Freedom of Information Act 1982 and in summary as follows. • It should be in writing • It should identify as clearly as possible which document is being requested • It should be accompanied by the appropriate application fee (the fee may be waived in certain circumstances) Requests for documents in the possession of the council should be addressed to the Freedom of Information Officer. Access charges may also apply once documents have been processed and a decision on access is made (eg. photocopying and search and retrieval charges). Further information regarding FOI can be found at ovic.foi.vic.gov.au and on the Wodonga Council website.
PUBLIC INTEREST DISCLOSURE PROCEDURES
The Public Interest Disclosures Act 2012 aims to ensure openness and accountability in government by encouraging people to disclose improper conduct within the public sector and provide protection for people who make disclosures. Procedures on how to make a disclosure are publicly available on the council’s website. During the 2020-2021 year no disclosures were notified to council officers appointed to receive disclosures, or to IBAC.
