CODE OF MEETINGS PROCEDURE - City of Hume · HUME CITY COUNCIL CODE OF MEETINGS PROCEDURE VERSION...

CODE OF MEETINGS PROCEDURE

HUME CITY COUNCIL CODE OF MEETINGS PROCEDURE

VERSION DATE: 14/12/09 RESOLUTION DATE: 14/12/09 PAGE 2 of 44

TABLE OF CONTENTS

DEFINITIONS OF WORDS USED IN THIS MEETING PROCEDURE _____________ 5

DIVISION 1 - THE COUNCIL ________________________________________________ 6

Procedure for e lection of Mayor_____________________________________________ 6 Mayor to take Chair_______________________________________________________ 8

DIVISION 2 - MEETINGS PROCEDURE ______________________________________ 8

Q uorum _________________________________________________________________ 8 Failure to raise a quorum __________________________________________________ 8 Inability to maintain a quorum _____________________________________________ 8 Inability to achieve or maintain a quorum due to interests or conflict of interest ___ 8 When meeting lapses _____________________________________________________ 9 Business of a lapsed meeting _______________________________________________ 9 Date, time and place of meetings ____________________________________________ 9 Notice of meeting _________________________________________________________ 9 Conduct of business _______________________________________________________ 9

(a) Disclosure of interests and conflicts of interest___________________________________________ 10 (b) Confirmation of minutes of previous meetings___________________________________________ 10 (c) Receipt of Council and Community Committee minutes and recommendations to Council to be ____ adopted and other minutes for noting__________________________________________________ 11 (d) Public question time_______________________________________________________________ 11 (e) Notices of motion _________________________________________________________________ 12 (f) Officer’s reports___________________________________________________________________ 12 (g) Petitions and joint letters ___________________________________________________________ 13 (h) Deputations______________________________________________________________________ 13 (k) Confidential reports________________________________________________________________ 16

Time limit for meetings___________________________________________________ 16 Form of motion __________________________________________________________ 16 Motion to be moved and seconded __________________________________________ 16 Unopposed motion or amendment __________________________________________ 17 Lapsed motions or motion not to be withdrawn without leave ___________________ 17 Course of debate of opposed motion ________________________________________ 17 Amendment_____________________________________________________________ 17 Deferral Motion _________________________________________________________ 18 Rescission or alteration___________________________________________________ 18 Implementation _________________________________________________________ 18 Formal Motions__________________________________________________________ 19 Councillors to stand when speaking ________________________________________ 21 Interruptions, interjections and relevance ___________________________________ 21 Priority of address _______________________________________________________ 21 Councillors not to speak twice to same motion or amendment __________________ 21



Resumption of adjourned debate ___________________________________________ 21 Time limits _____________________________________________________________ 21 Points of order __________________________________________________________ 22 Chairperson to decide point of order________________________________________ 22 Disagreeing with Chairperson’s ruling _____________________________________ 22 Chairperson may speak___________________________________________________ 23 O rdering withdrawal of remark ____________________________________________ 23 Gallery to be silent ______________________________________________________ 23 Ejection of disorderly visitors ______________________________________________ 23 Chairperson may adjourn disorderly Council meeting ________________________ 23 Repeating motion ________________________________________________________ 24 Vote to be taken in silence ________________________________________________ 24 Recount of vote __________________________________________________________ 24 Division ________________________________________________________________ 24 Declaration of vote _______________________________________________________ 24 Resolution not to be discussed after it is carried ______________________________ 25 Conduct of public meeting ________________________________________________ 25 Recording Proceedings ___________________________________________________ 25 Procedure not provided in the Code of Meetings Procedure_____________________ 25 Suspensions ____________________________________________________________ 25 Removal from Council meeting ____________________________________________ 26

DIVISION 3 - SUSPENSION OF STANDING ORDERS_________________________ 26

Suspension of standing orders _____________________________________________ 26

DIVISION 4 - STANDARDS ________________________________________________ 26

Setting meeting time for e lection of Mayor __________________________________ 26 Reasonable notice of meetings to the public _________________________________ 26 Notice of Council meetings to Councillors___________________________________ 27 Delivery of notices to Councillors __________________________________________ 27 Minutes ________________________________________________________________ 27 Addressing the Council meeting ___________________________________________ 28 Suspension of standing orders _____________________________________________ 28 Foreshadowing a motion __________________________________________________ 29 Separation of motions ____________________________________________________ 29 Motions in writing _______________________________________________________ 29 Adequate debate _________________________________________________________ 29 Sufficient debate ________________________________________________________ 29 Adjournment of debate - sine die ___________________________________________ 30 Rejection of notice of motion ______________________________________________ 30



DIVISION 5 - APPLICATION TO ADVISORY AND SPECIAL COMMITTEE MEETINGS_______________________________________________________________ 30

Advisory and Special Committees __________________________________________ 30



DEFINITIONS OF WORDS USED IN THIS MEETING PROCEDURE

“Act” means the Local Government Act 1989 (as amended from time to time); “agenda” means the notice of a meeting setting out the business to be transacted at

the meeting; “Advisory Committee” means an advisory committee established by Council; “Chairperson” means the Chairperson of a meeting and includes an acting, a

temporary and a substitute Chairperson; “Chief Executive Officer” means the Chief Executive Officer of Council, and includes

a person acting as Chief Executive Officer; “Clause” means a clause of this Meeting Procedure; “Committee” means an Advisory or Special committee established by Council; “common seal” means the common seal of Council; “Council” means the Hume City Council; “Councillor” means a Councillor of Council; “Council meeting” includes an Ordinary meeting and a Special meeting of Council; “Deputy Mayor” means the Deputy Mayor as appointed by Council; “Gallery” means the members of the public in the public seating area of the Council

Chambers; “Mayor” means the Mayor of Council and any person acting as Mayor; “minute book” means the collective record of proceedings of Council; “modem” means a computer device used for the electronic transfer of information; “notice of motion” means a notice setting out the text of a motion w hich is proposed

to be moved at the next relevant meeting or such meeting as indicated on the notice; “Ordinary meeting” means an Ordinary meeting of Council; “resident” means a person w ho has a place of residence w ithin the municipal district; “Special Committee” means a special committee established by Council under section

86 of the Act; “Special meeting” means a Special meeting of Council; “standing orders” means the provision of Meeting;



“visitor” means any person (other than a Councillor or member of Council staff) w ho is

in attendance at a meeting; and “written” includes duplicated, lithographed, photocopied, photographed, transmitted by

facsimile, printed, electronic transmission and typed.



DIVISION 1 - THE COUNCIL Procedure for election of Mayor

1. At a meeting of the Council that is open to the public, the Councillors must elect a Councillor to be the Mayor of the Council.

(a) The Mayor is to be elected at a Special meeting held:

(i) after the last Saturday in November but not later than 31 December in

each year.

(ii) as soon as possible after there occurs any vacancy in the off ice of the Mayor.

In f ixing the date and time of the Special meeting the person or persons convening the meeting must have regard to the standards contained in Clause 51 of this Code of Meetings Procedure.

(b) Any Councillor is eligible for election or re-election to the off ice of Mayor.

(c) The Chief Executive Officer w ill be the f irst temporary Chairperson of the

Special meeting at w hich the election of Mayor is to be conducted.

(d) The Chief Executive Officer shall invite nominations for a second temporary Chairperson, w hich nominations do not need to be seconded.

(i) If there is only one nomination, the candidate nominated shall be

deemed to have been duly elected.

(ii) If there is more than one nomination, the Councillors present at the meeting shall vote for one of the candidates by a show of hands (or by such other method as Council determines).

(iii) In the event of a candidate receiving an absolute majority of the votes,

that candidate shall be declared to have been duly elected.

(iv) In the event of no candidate receiving an absolute majority of the votes, the candidate w ith the few est number of votes shall be declared to be a defeated candidate. The Councillors present at the meeting shall then vote for one of the remaining candidates by a show of hands (or by such other method as Council determines).

(v) If one (1) of the remaining candidates receives an absolute majority of

the votes, he or she shall be declared to have been duly elected. If none of the remaining candidates receives an absolute majority of the votes, the process of declaring the candidates w ith the few est number of votes a defeated candidate and voting for the remaining candidates by a show of hands (or by such other method as Council determines) shall be repeated until one (1) of the candidates receives



an absolute majority of the votes. That candidate shall be declared to have been duly elected.

(vi) In the event of tw o (2) of more candidates having an equality of votes and one (1) of them having to be declared:

A a defeated candidate; or B duly elected

the result w ill be determined by lot.

(vii)The Chief Executive Officer shall have the conduct of any lot.

(e) The second temporary Chairperson shall then invite nominations for the off ice of

Mayor, w hich nominations do not need to be seconded. If there is only one nomination the candidate nominated shall be deemed to have been duly elected.

(i) If there is only one nomination, the candidate nominated shall be

deemed to have been duly elected.

(ii) If there is more than one nomination, the Councillors present at the meeting shall vote for one of the candidates by a show of hands (or by such other method as Council determines).

(iii) In the event of a candidate receiving an absolute majority of the votes,

that candidate shall be declared to have been duly elected.

(iv) In the event of no candidate receiving an absolute majority of the votes, the candidate w ith the few est number of votes shall be declared to be a defeated candidate. The Councillors present at the meeting shall then vote for one of the remaining candidates by a show of hands (or by such other method as Council determines).

(v) If one (1) of the remaining candidates receives an absolute majority of

the votes, he or she shall be declared to have been duly elected. If none of the remaining candidates receives an absolute majority of the votes, the process of declaring the candidates w ith the few est number of votes a defeated candidate and voting for the remaining candidates by a show of hands (or by such other method as Council determines) shall be repeated until one (1) of the candidates receives an absolute majority of the votes. That candidate shall be declared to have been duly elected.

(vi) In the event of tw o (2) or more candidates having an equality of votes

and one (1) of them having to be declared:

A an eliminated candidate; or



B duly elected

the result w ill be determined by lot.

(vii)The Chief Executive Officer shall have the conduct of any lot. The Chief Executive Officer shall destroy papers revealing voting preferences at the conclusion of the ballot.

Mayor to take Chair

2. After the election of the Mayor is determined, the Mayor must take the Chair.

(a) The Mayor must take the Chair at all Council meetings at w hich he or she is present.

(b) If the Mayor is absent the Deputy Mayor must take the Chair.

(c) If the Mayor and Deputy Mayor is absent from a Council meeting, the Chief

Executive Officer must take the Chair and invite nominations for a temporary Chairperson, w hich nominations do not need to be seconded. If there is only one nomination, the candidate nominated is deemed to have been duly elected.

(d) If there is more than one nomination, the method of electing a temporary

Chairperson is to be conducted in accordance w ith Clause 1(d)(iii)-(viii).

DIVISION 2 - MEETINGS PROCEDURE Quorum

3. The quorum for a Council meeting is:

(a) A majority of the total number of Councillors of Council. Failure to raise a quorum

4. If a quorum is not present w ithin 30 minutes of the time appointed for the commencement of a Council meeting:

(a) the meeting may be adjourned for not more than seven days by:

i. a majority of the Councillors present; or

ii. in the absence of any Councillor, the Chief Executive Officer; and

(b) the Chief Executive Officer must give all Councillors notice of the adjourned

meeting.



Inability to maintain a quorum

5. If a quorum ceases to be present at any time during a Council meeting then no business

can be legally transacted until a quorum is again formed.

Inability to achieve or maintain a quorum due to interests or conflict of interest

6. If a quorum cannot be achieved for or maintained during a Council meeting due to a majority of Councillors complying w ith section 79 of the Act,

(a) the Chairperson may defer the item then under consideration;

(b) the Chief Executive Officer may include the item then under consideration on an

agenda for a future meeting; and

(c) the meeting w ill resume, and consider the item next listed on the agenda for consideration.

When meeting lapses

7. If a quorum fails after a Council meeting has begun and cannot be formed w ithin 30 minutes of the failure, the meeting lapses.

Business of a lapsed meeting

8. If a Council meeting lapses, the undisposed business must, unless it has already been

disposed of at another meeting, be included in the agenda for the next appropriate Council meeting.

Date, time and place of meetings

9. The dates, times and places of Council meetings are w ithin the discretion of Council.

(a) Council may, by resolution, alter the day upon and time and place at w hich any Council meeting shall be held.

Notice of meeting

10.

(a) Council must at least 7 days before the holding of-

i. an ordinary council meeting;or ii. a special council meeting; or iii. a meeting of a special committee comprised soley of Councillors-

give public notice of the meeting.

(b) If urgent or extraordinary circumstances prevent a Council from complying w ith 10(a), the Council must-



i. give such public notice as is practicable; and ii. specify the urgent or extraordinary circumstances w hich prevented the

Council from complying w ith 10(a) in the minutes. (c) The Chief Executive Officer must ensure that the agenda for any Council

meeting is sent to every Councillor at least 48 hours before the meeting.

(d) In performing the duty imposed by Clause 10(b), the Chief Executive Officer must have regard to the standards defined Clause 51 of this Code of Meetings Procedure.

Conduct of business

11. The follow ing order of business must be follow ed at the f irst Ordinary Council meeting of the month unless the Mayor determines otherw ise:

(a) Prayer;

(b) Apologies;

(c) Disclosure of interests and conflicts of interest;

(d) Confirmation of minutes of previous meetings;

(e) Receipt of Council and Community Committee minutes and recommendations to

Council to be adopted and other minutes for noting;

(f) Presentation of Aw ards;

(g) Public question time; (h) Notices of Motion; (i) Off icer’s reports; (j) Petitions and joint letters; (k) Deputations; (l) Urgent business / late reports; (m) Delegates Reports; and (n) General business

12. The follow ing order of business must be follow ed at the Second Ordinary (Tow n

Planning) Council meeting of the month unless the Mayor determines otherw ise:

(a) Prayer;



(b) Apologies;

(c) Disclosure of interests and conflicts of interest;

(d) Off icers reports; and

(e) Confidential matters

13. The items of business as listed on an agenda, must be dealt w ith in the follow ing manner:

(a) Disclosure of interests and conflicts of interest

The Mayor or Chairperson is to advise Councillors of the requirements of the Act in relation to the disclosure of interests and conflicts of interest and w ill read out any “Statements of Disclosure of Conflict of Interest” he /she has received.

(b) Confirmation of minutes of previous meetings

(i) At every Council meeting the minutes of the preceding meeting(s) must be

dealt w ith as follow s:

A. no discussion or debate on the confirmation of minutes is permitted except w here their accuracy as a record of the proceedings of the meeting to w hich they relate is questioned;

B. a copy of the minutes should be delivered to each Councillor no later

than 48 hours before the next meeting; C. If a copy of the minutes of the previous meeting has not been delivered

to Councillors as required in paragraph B, the Chief Executive Officer must read the minutes;

D. When the confirmation of the minutes is called on, the Chairperson must

ask: “Is any item of the minutes opposed?” E. If no Councillor indicates opposition, the minutes must be declared to be

confirmed. F. If a Councillor is dissatisf ied w ith the accuracy of the minutes, then he

or she must:

(a) state the item or items w ith w hich he or she is dissatisf ied; and (b) prepare a motion clearly setting out the alternative w ording to

amend the minutes;

G. The Chairperson of the meeting at w hich the minutes are confirmed must initial each page of the minutes (except for the last page w hich must be signed);



H. The Chief Executive Officer is responsible for the keeping of the minutes and must have regard to the standards defined in Clause 55 of this Code of Meetings Procedure.

(c) Receipt of Council and Community Committee minutes and

recommendations to Council to be adopted and other minutes for noting

(i) Minutes of Committees must be distributed as soon as practical to Councillors and be listed for noting on the agenda for the next convenient meeting of Council.

(ii) Any recommendations to Council from a Committee, are to be separately

identif ied on the agenda for the next convenient meeting of Council. (iii) If a Councillor is dissatisf ied w ith the w ording of a recommendation contained

in a Committee report, then he or she must:

A. state the recommendation w ith w hich he or she is dissatisf ied; and B. propose a motion clearly setting out alternative w ording.

(d) Public question time

(i) At all Ordinary meetings there must be an opportunity for members of the public to submit questions to Council.

(ii) Public Question Time must be limited to 30 minutes in duration unless Council

resolves to extend that time and answ ers to individual questions may be limited at the discretion of the Chairperson.

(iii) Schedule 1 to this Code of Meetings Procedure contains the procedural

guidelines for Public question time.

(e) Notices of motion

(i) Subject to Clause 11, a Councillor must not move a motion unless notice of such motion has been given in accordance w ith this Code of Meetings Procedure.

(ii) A notice of motion must be in w riting signed by a Councillor, or sent via e-mail

or facsimile subject to the conditions contained in this Code, and be lodged w ith the Chief Executive Officer by 5 pm on the third w orking day prior to the date of the meeting to allow the Chief Executive Officer to give each Councillor at least 48 hours notice of such notice.

(iii) If a notice of motion is submitted by e-mail or facsimile the Councillor must, by

speaking in person (including via telephone) w ith the Chief Executive Officer or his/her delegate, confirm that the Councillor did transmit the notice of motion. The e-mail address and facsimile number for lodgement of notices of



motion shall be the off icial address and number of the organisation or as determined by the CEO.

(iv) The full text of any such notice of motion must be included on the agenda. (v) The Chief Executive Officer must cause all notices of motion to be numbered,

dated and entered in the notice of motion book in the order in w hich they w ere received.

(vi) Except by leave of Council, notices of motion before any Council meeting

must be considered in the order in w hich they w ere entered in the notice of motion book.

(vii) If a Councillor w ho has given a notice of motion:

A. is absent from the Council meeting; or B. fails to move the motion w hen called upon by the Chairperson

any other Councillor may himself or herself move the motion.

(viii) If a notice of motion is not moved and seconded at the Council meeting in w hich it w as included on the agenda, it lapses.

(ix) In giving notice of motion, a Councillor must have regard to the standards

defined in Clause 64 of this Code of Meetings Procedure.

(f) Officer’s reports (i) The Chief Executive Officer w ill determine w hat inw ards correspondence

w ill be subject of a report to Council. (ii) A report from a member of Council staff must not be read in full at any

Council meeting unless the meeting resolves to the contrary. (iii) Correspondence addressed to any Councillor personally w hich requires a

decision of or a direction from Council must be referred by that Councillor to the Chief Executive Officer.

(iv) The Chairperson may invite members of the Gallery to speak for or against a

recommendation w hich is before Council for consideration. (v) Schedule 2 to this Code of Meetings Procedure contains the procedural

guidelines for the members of the gallery speaking for or against an off icers recommendation.

(vi) A person speaking for or against an off icers recommendation must, unless

otherw ise determined by the Council or Committee, confine their comments to 2 minutes.

(vii) The Mayor may grant an extension to the time in (vi) of up to 1 minute to allow

a speaker to conclude their comments.



(g) Petitions and joint letters

(i) A petition or joint letter must;

A. be in legible and permanent w riting, stating clearly the full name and

address of each signatory to the document; B. not be defamatory, indecent, abusive or objectionable in language or

content; and C. not relate to matters beyond the pow ers of Council.

(ii) Every page of a petition or joint letter must bear the w hole of the petition or

request.

(iii) Any signature appearing upon a page w hich does not bear the w hole of the petition or request must not be considered by Council.

(iv) Every page of a petition or joint letter must be a single piece of paper and

must not be pasted, stapled, pinned or otherw ise aff ixed to any other document.

(v) On receipt of a petition or joint letter, the Chief Executive Officer must note on

the f irst page the total number of signatures.

(vi) A copy of the text of the petition or joint letter w hich has not already been presented to a Council meeting and w hich bears the note of the Chief Executive Officer in accordance w ith paragraph (v) must be included on the agenda for the next Council meeting.

(vii) A petition or joint letter may nominate a person to w hom a reply may be sent,

but if no person is nominated Council may reply to the f irst or any person w hose signature appears on the petition.

(viii) A petition or joint letter received by any Councillor personally w hich requires

a decision of or a direction from Council must:

A. be tabled by the Councillor at the next meeting; or B. referred by the Councillor to the Chief Executive Officer.

(h) Deputations

(i) Deputation to make written request

A. A deputation w ishing to be heard must make a w ritten request to the

Chief Executive Officer, clearly indicating the purpose for w hich the deputation is sought and the names of the speakers nominated and w hom they represent.



B. A request to be heard must specify the name and address of a person authorised to be contacted by the Chief Executive Officer to receive notices on behalf of the deputation.

C. The Chief Executive Officer must inform the Chairperson of the meeting

of the w ritten request.

(ii) Deputation listed for hearing

A. The Mayor w ill have discretion w hether approval w ill be given for the deputation to be received and at w hich Council or Committee meeting the deputation w ill be heard.

B. If a deputation is listed for hearing, the Chief Executive Officer must

give to the person specif ied in the request w ritten notice of the time, date and place of the Council or Committee meeting at w hich the deputation w ill be heard.

(iii) Hearing a deputation

A. Not more than three speakers may address a Council or committee

meeting on behalf of the deputation unless otherw ise resolved at the meeting. Council or the Committee is to be advised of the names of the speakers nominated and w hom they represent.

B. If members of the deputation other than the appointed speakers attempt

to address the Council or Committee meeting or interject, or any of the deputation acts in a disorderly w ay, the Chairperson may read paragraph (C) to the deputation.

C. If there are any further interjections, disorderly conduct or attempts to

address the Council or Committee meeting from the deputation after this paragraph has been read, the deputation w ill not be further heard and the Chairperson must call on the next business.

D. Despite paragraphs (A) to (C), the Chairperson may allow another

speaker to clarify a point if called upon to do so.

(i) Urgent business / Late Reports

The Council meeting may determine that a report, of w hich no notice is included in the agenda, be classif ied as urgent business and be transacted at that meeting.

(j) General Business (i) At every Ordinary meeting a Councillor may raise an item of general

business, by

A. raising an item of general interest; B. addressing a question to a member of Council staff;



C. requesting that a member of Council staff prepare a Report; and D. proposing, foreshadow ing or debating a motion or an amendment.

(ii) A Councillor must not raise more than three items of general business

at any one Ordinary meeting w ithout the approval of the Mayor.

(iii) If a Councillor requests a member of Council staff to prepare a Report, that member of Council staff is not obliged to prepare a report unless the meeting supports the Councillor’s request by resolving that a report be so prepared.

(iv) The follow ing provisions apply to a Councillor addressing a question to

members of Council staff.

A. Questions may be asked w ith or w ithout notice. B. A member of Council staff w ho elects to answ er a question

w ithout notice by indicating that he or she requires further time to research his or her answ er must be treated as having deferred the giving of an answ er until the next convenient Council meeting. At such meeting, the question must be answ ered in the form of a report.

(v) Council may:

A. of its ow n volition; or B. upon the advice of a member of Council staff resolve to close the

meeting to members of the public in order that a question or an answ er to a question relating to:

(1) personal matters; (2) the personal hardship of any resident or ratepayer; (3) industrial matters; (4) contractual matters; (5) proposed developments; (6) legal advice; (7) matters affecting the security of Council property; or (8) any other matter w hich Council considers w ould prejudice it

or any person

may be asked or given.

(vi) An answ er must only be given to the council meeting if the Chairperson has determined that the relevant question:

A. does not relate to a matter ultra vires of Council;

B. is not defamatory, indecent, abusive or objectionable in language

or substance;



C. is not repetitive of a question already answ ered (w hether at the

same or an earlier meeting);

D. is not asked to embarrass a member of Council staff or another Councillor; or

E. does not raise an issue w hich might more appropriately be dealt

w ith by w ay of Notice of Motion.

(viii) Debate or discussion of questions or answ ers is not permitted and all questions and answ ers must be as brief as possible.”

(k) Confidential reports The Chief Executive Officer must ensure that a report is classif ied as confidential if the Chief Executive Officer considers it has been prepared for consideration in respect of a matter w hich is expected to be the subject of a resolution under section 89(2) of the Act to close the Council meeting to the public w hile that report is discussed.

Time limit for meetings

14. A Council meeting must not continue beyond any time previously determined by Council

unless a majority of Councillors present vote in favour of its continuance.

(a) In the absence of such continuance, the Council meeting must stand adjourned to a time, date and place to be then and there announced by the Chairperson.

(b) The Chief Executive Officer must give notice to each Councillor of the date, time

and place to w hich the Council meeting stands adjourned and of the business remaining to be considered.

Form of motion

15. A motion or an amendment must:

i. be clear and unambiguous and relate to the pow ers or functions of Council;

ii. be in w riting upon the request of the Chairperson;

iii. except in the case of urgent business, be relevant to an item of

business on the agenda; and

iv. not be defamatory or objectionable in language or nature.

(a) The Chairperson may refuse to accept any motion or amendment w hich contravenes this Clause.



(b) Any person proposing or foreshadow ing a motion, or addressing the Council meeting, must have regard to the standards defined in Clauses 58-64 of this Code of Meetings Procedure.

Motion to be moved and seconded

16. The procedure upon any motion or amendment is:

(a) the mover must state the nature of the motion or amendment, and then move it w ithout speaking to it; and

(b) the seconder must say:

“I second it”, or w ords to that effect.

Unopposed motion or amendment

17. If a motion or an amendment is seconded:

(a) the Chairperson must ask:

“Is the motion opposed?” or “Is the amendment opposed?”

(b) if no Councillor indicates opposition, it may be declared to be carried.

Lapsed motions or motion not to be w ithdrawn without leave

18. If a motion is not seconded it lapses.

(a) A motion or amendment that has been seconded cannot be w ithdraw n w ithout the consent of the Council meeting.

Course of debate of opposed motion

19. If any Councillor indicates opposition to a motion or an amendment w hich has been seconded:

i. the mover may address Council upon it;

ii. the seconder may speak to it at that stage or reserve the right to speak

at a later stage;

iii. it is open to debate;

iv. the mover must, except in the case of an amendment or a motion w hich has been amended, be given a right of reply; and



v. the Chairperson must then put it to the vote.

(a) The Chairperson must, in presiding over a debate, have regard to the standards defined in Clauses 61-63 of this Code of Meetings Procedure.

Amendment

20. No notice need be given of any amendment.

(a) The mover and seconder of a motion cannot move or second an amendment to it.

(b) The mover of an amendment has no right of reply.

(c) A second or subsequent amendment cannot be moved until the immediately

preceding amendment is disposed of.

(d) If an amendment is adopted it becomes the substantive motion and, as such, be put to the vote by the Chairperson.

(e) A Councillor cannot move tw o amendments in succession.

Deferral Motion

21. A Councillor may move a motion than an item on the agenda be considered at a future

meeting of the Council.

(a) The mover of such a motion must give their reasons to Council as to w hy the item should not be considered at the meeting;

(b) A seconder is required for the motion;

(c) The item must be voted on forthw ith. There is to be no debate on the motion.

Rescission or alteration

22. Notw ithstanding Clause 11(d), a notice of motion to rescind or alter a previous

resolution of Council:

(a) must be given to the Chief Executive Officer and signed by at least one other Councillor, at least three clear w orking days prior to the Council meeting to enable the Chief Executive Officer to give at least 48 hours notice to all Councillors;

(b) is deemed to have been w ithdraw n if not moved at the next Council meeting at

w hich such business may be transacted;

(c) if it is a second or subsequent notice to revoke or alter an earlier resolution, must not be accepted by the Chief Executive Officer until a period of one month



has elapsed since the date of the Council meeting at w hich the f irst or last motion or revocation or alteration w as dealt w ith; and

(d) cannot be proposed if the previous resolution has been acted upon or

implemented.

Implementation

23. A member of Council staff must not act or continue to act upon or implement a previous resolution if a notice of motion to rescind or alter it has been properly lodged.



Formal Motions

24. The procedure for and effect of formal motions is as follow s:

Formal Motion

Form Mov er & Seconder

Matter in Respect of Which Motion May be Mov ed

When Motion Prohibited

Effect if Carried

Effect if Lost

1.Adjourn-ment of debate to later hour and/or date

That this matter be adjourned to *am/pm and/or *date

Any Councillor

Any matter (a) During the election of a Chairperson; (b) when another Councillor is speaking

Motion and amendments postponed to the stated time and/or date

Debate continues unaffected

2.Adjourn-ment of debate indefinitely

That this matter be adjourned until further notice

Any Councillor

Any matter except: (a)election of a Chairperson; (b)a matter in respect of which a call of the Council has been made for that meeting

(a) During the election of a Chairperson; (b) when another Councillor is speaking; (c) when the matter is one in respect of which a call of the Council has been made

Motion and any amendment postponed but may be resumed at any later meeting if on the agenda


3.Adjourn-ment of meeting to later hour or date

That the meeting be adjourned to *am/pm and/or *date

Any Councillor

Any meeting (a) During the election of a Chairperson; (b) when another Councillor is speaking

Meeting adjourns immediately until the stated time and/or date


4.Adjourn-ment of meeting indefinitely

That this meeting be adjourned until further notice

Any Councillor

(a) any matter except election of a Chairperson; (b) During a meeting which is a call of the Council; (c) When another Councillor is speaking

(a) During the election of a Chairperson; (b) During a meeting which is a call of the Council; (c) When another Councillor is speaking

Meeting adjourns until an agenda is delivered under clause 10


5.The closure

That the motion be now put

A Councillor who has not spoken to the motion or any amendment

Any matter During nominations for Chairperson

Motion or amendment in respect of which the closure is carried is put to




Formal Motion




Effect if Carried

Effect if Lost

of it the vote immediately without debate of this motion



Formal Motion




Effect if Carried

Effect if Lost

6.Laying question on the table

That the question lie on the table

A Councillor who has not spoken to the motion or amendment of it

Any matter (a)During the election of a Chairperson; (b)during a meeting which is a call of the Council

Motion and amendments not further discussed or voted on until: (a) Council resolves to take the question from the table at the same meeting; (b)The matter is placed on an agenda and Council resolves to take the question from the table


7.Previous question

That the question be not now put

A Councillor who has not spoken to the motion or any amendment of it


(a)During the election of a Chairperson; (b)when another Councillor is speaking; (c)when the matter is one in respect of which a call of the Council has been made; (d)when an amendment is before Council

(a)No vote or further discussion on the motion until it is placed on an agenda for a later meeting; (b)Proceed to next business

Motion (as amended up to that time) put immediately without further amendment or debate

8.Proceed-ing to next business

That the meeting proceed to the next business Note: This Motion: (a)may not be amended (b)may not be debated; (c)must be put to the vote as soon as seconded

A Councillor who has not spoken to the motion or any amendment of it


(a)During the election of a Chairperson; (b)when another Councillor is speaking; (c)when the matter is one in respect of which a call of the Council has been made

If carried in respect of: (a) an amendment, Council considers the motion without reference to the amendment; (b)a motion - no vote or further discussion on the motion until it is




placed on an agenda for a later meeting



Councillors to stand when speaking

25. Councillors shall stand w hen speaking at a Council meeting.

Interruptions, interjections and relevance

26. A Councillor must not be interrupted except by the Chairperson or upon a point of order or personal explanation.

(a) If a Councillor is interrupted by the Chairperson or upon a point of order or

personal explanation, he or she must remain silent until the Chairperson has ceased speaking, the point of order has been determined or the personal explanation has been given.

(b) A Councillor must not digress from the subject matter of the motion or business

under discussion.

(c) The mover of a motion must not introduce fresh matter w hen exercising any right of reply.

Priority of address

27. In the case of competition for the right to speak, the Chairperson must decide the order in w hich the Councillors concerned w ill be heard.

Councillors not to speak tw ice to same motion or amendment

28. Except that the mover of an unamended motion has the right of reply and that any Councillor may take a point of order or offer a personal explanation, no Councillor may speak more than once to the same motion or amendment.

Resumption of adjourned debate

29. If a debate is adjourned by motion, the Councillor moving the adjournment has the right to be the f irst speaker upon the resumption of debate unless he or she has already spoken to the motion or amendment.

Time limits

30. A Councillor must not speak longer than the time set out below , unless granted an extension by the Council meeting:

(a) the mover of a motion or an amendment: 5 minutes

(b) any other Councillor: 3 minutes



(c) the mover of a motion exercising a right of reply: 2 minutes.



Points of order

31. A point of order must be taken by stating:

i. the matter complained of; and

ii. if a provision of this Code of Meetings Procedure is said to establish the

point of order, the relevant provision.

(a) A Councillor may take a point of order by draw ing the attention of the Chairperson to:

iii. the fact that a Councillor is out of order; or

iv. an act of disorder;

despite the fact that the Chairperson or a Councillor is speaking at the time.

(b) When called to order, a Councillor must cease speaking until the point of order is

decided unless he or she is requested by the Chairperson to provide an explanation.

(c) The Chairperson may take a point of order w ithout it having been taken by a

Councillor.

Chairperson to decide point of order

32. The Chairperson may adjourn the Council meeting to consider a point of order but must otherw ise rule upon it as soon as soon as it is taken.

(a) The Chairperson must, w hen ruling on a point of order, state the provision of

this Code of Meetings Procedure or the rule, custom or practice w hich is relied on in support of the ruling.

Disagreeing with Chairperson’s ruling

33. A Councillor may move that the Council meeting disagree w ith the Chairperson’s ruling.

(a) When a motion in accordance w ith this Clause is moved and seconded, the

Chairperson must leave the Chair and the Deputy Mayor assume the Chair as the temporary Chairperson. If the Deputy Mayor is not present a temporary Chairperson is to be elected as per clause 1(d) and must take his or her place.

i. The temporary Chairperson must invite the mover to state the reasons

for his or her dissent and the Chairperson may then reply.

ii. The temporary Chairperson then puts the motion in the follow ing form: “That the Chairperson’s ruling be upheld”.



iii. If the vote is in the aff irmative, the Chairperson resumes the Chair and the meeting proceeds.

iv. If the vote is in the negative, the Chairperson resumes the Chair,

reverses his or her previous ruling and then proceeds.

(b) The defeat of the Chairperson’s ruling is in no w ay a motion of censure or non-confidence, and shall not so be regarded by the meeting.

Chairperson may speak

34. The Chairperson may address a Council meeting upon any matter under discussion, and is not deemed to have left the Chair on such occasions PROVIDED THAT the Chairperson may, if he or she so w ishes, vacate the Chair for the duration of any item under discussion w hereupon the temporary Chairperson elected by the meeting shall take the Chair until such item has been disposed of.

Ordering w ithdrawal of remark

35. The Chairperson may require a Councillor to w ithdraw any remark w hich is defamatory, indecent, abusive, offensive, disorderly or objectionable in language, substance or nature.

(a) A Councillor required to w ithdraw a remark must do so immediately w ithout

qualif ication or explanation.

(b) If a Councillor refuses to w ithdraw a remark w hen called upon tw ice by the Chairperson to do so, the Councillor has committed an offence against the Governance Local Law .

Gallery to be silent

36. The Chairperson may invite comments from the Gallery, allow ing the members of the Gallery to speak for or against a recommendation prior to Council entering debate in accordance w ith schedule 2; otherw ise;

(a) Visitors must not interject or take part in the debate.

(b) Silence must be preserved in the gallery at all times.

Ejection of disorderly visitors

37. If any visitor is called to order by the Chairperson and thereafter again acts in breach of the Governance Local Law , the Chairperson may order him or her to be removed.



Chairperson may adjourn disorderly Council meeting

38. If the Chairperson is of the opinion that disorder at the Council table or in the gallery makes it desirable to adjourn the Council meeting, he or she may adjourn the meeting to a later time on the same day or to some later day as he or she thinks proper.



Repeating motion

39. Before any matter is put to the vote, a Councillor may require that the question, motion

or amendment be read again.

(a) The Chairperson w ithout being so requested may direct the Chief Executive Officer to read the question, motion or amendment to the Council meeting before the vote is taken.

Vote to be taken in silence

40. Except that a Councillor may demand a division, Councillors must remain seated in silence w hile a vote is being taken.

(a) Unless Council otherw ise determines, voting must be by a show of hands.

Recount of vote

41. The Chairperson may direct that the vote be re-counted as often as may be necessary for him or her to satisfy himself or herself of the result.

Division

42. Immediately after any motion or amendment is put to a Council meeting and before the next item of business has commenced, a Councillor may call for a division.

(a) When a division is called for, the vote already taken must be treated as a nullity

and the division shall decide the motion or amendment.

(b) When a division is called for, the Chairperson must:

i. f irst ask each Councillor w ishing to vote in the aff irmative to raise a hand and, upon such request being made, each Councillor w ishing to vote in the aff irmative must raise one of his or her hands. The Chairperson must then state, and the Chief Executive Officer must record, the names of those Councillors voting in the aff irmative; and

ii. then ask each Councillor w ishing to vote in the negative to raise a hand

and, upon such request being made, each Councillor w ishing to vote in the negative must raise one of his or her hands. The Chairperson must then state, and the Chief Executive Officer must record, the names of those Councillors voting in the negative.

Declaration of vote

43. The Chairperson must declare the result of the vote or division as soon as it is taken.



Resolution not to be discussed after it is carried

44. Except in the case of a motion of rescission or alteration, no resolution may be

discussed after the vote upon it has been declared.

Conduct of public meeting

45. Any provisions of this Code of Meetings Procedure w here Council has so resolved, apply to meetings of ratepayers and other public meetings called by the Mayor or Council, w ith appropriate modif ications.

(a) This Clause does not prevent any person from addressing a public meeting,

conducted by or on behalf of Council, if permitted to do so by the Chairperson. (b) Where Council has sought public submissions in accordance w ith section 223

of the Local Government Act and a person or a representative specif ied in the submission has requested to be heard in support of their submission, they shall comply w ith the requirement of Schedule 2 and confine their comments to 5 minutes.

(c) The Chairperson may grant an extension to the time in (b) of up to 1 minute to

allow a speaker to conclude their submission.

Recording Proceedings

46. The Chief Executive Officer may record on suitable audio recording equipment all the proceedings of a Council meeting. Recordings must be retained until the minutes of the meeting are confirmed at the follow ing Council meeting.

(a) Media representatives may, w ith the consent of the Council meeting, be

permitted to record on audio equipment any part of the proceedings of Council. The consent of Council must not be unreasonably w ithheld, but may be revoked at any time during the course of the relevant meeting.

(b) Subject to Clauses 46 and 46(a), a person must not operate audio recording or

other recording equipment at any Council meeting w ithout the prior w ritten consent of the meeting. Such consent may be given only after receipt of a w ritten application and may at any time during the course of such meeting be revoked by Council.

Procedure not provided in the Code of Meetings Procedure

47. In all cases not specif ically provided for by this Code of Meetings Procedure, resort

must be had to the rules, forms and usages of the Victorian Parliament (so far as the same are capable of being applied to Council, Special or Advisory Committee proceedings).

Suspensions

48. Council may, by resolution, suspend from a Council meeting, and for the balance of the

Council meeting, any Councillor w hose actions have disrupted the business of the



meeting, and have impeded its orderly conduct. That Councillor must immediately leave the Council meeting on suspension. If that Councillor refuses to leave the meeting or refuses to obey the direction of the Chairperson, Council may carry a resolution indicating that, in its opinion, the Councillor has committed an offence against the Governance Local Law .

Removal from Council meeting

49. The Chairperson may ask any Authorised Officer or member of the Police Force to remove from the Council meeting any person w ho acts in breach of the Governance Local Law .

DIVISION 3 - SUSPENSION OF STANDING ORDERS

Suspension of standing orders

50. A majority of Councillors present may resolve that standing orders be suspended w hereupon the provisions of this Local Law shall be suspended to the extent necessary to give effect to the resolution. The Council meeting must have, in doing so, regard to the standards defined in Clause 57 of this Code of Meetings Procedure.

DIVISION 4 - STANDARDS

Setting meeting time for election of Mayor

51. In determining the most appropriate time and date for any election of Mayor, Council or the Chief Executive Officer should take into account such things as:

(a) the legislation; (b) the requirement to f inalise any election; (c) the Council’s normal meeting schedule; (d) the availability of Councillors; (e) Council’s and community’s w ishes; and (f) any other matter w hich the Chief Executive Officer considers appropriate.

Reasonable notice of meetings to the public

52. To enable reasonable notice of Council meetings to be given to the public, Council should prepare a schedule of meetings annually, tw ice yearly, quarterly or from time to time, and arrange publication in a local and w ell circulated new spaper either:

i. at various times throughout the year, of the schedule of meeting dates;

or

ii. just prior to each meeting.



(a) In addition, copies of any Council meeting schedule w ill be placed on Council’s w ebsite. (b) Where Council meeting dates are changed as permitted by clause 9, details w ill,

w hen time permits, be published in the local paper. How ever, if time does not permit this to occur, then the posting of a notice setting out the details should occur in the public areas and on Council’s w ebsite to inform the public of the change.

Notice of Council meetings to Councillors

53. The agenda for any Council meeting must state the date, time and place of the meeting and the business to be dealt w ith and must be sent in any format as determined by Council by post, facsimile or modem (if applicable) or otherw ise delivered to each Councillors place of residence or usual place of business (if applicable) or as otherw ise specif ied by the Councillor.

(a) A notice may be handed personally to a Councillor in any location w ithin the time

required, or may be delivered to another destination, provided a w ritten authorisation of the relevant Councillor is held by the Chief Executive Officer.

(b) To enable the processes of government to be eff iciently managed, Councillors

should keep the Chief Executive Officer informed of their point(s) of contact from time to time.

Delivery of notices to Councillors

54.

(a) By Post

i. The notice should be delivered to the local post off ice in suff icient time to enable the notice to reach the Councillor’s postal address at least 48 hours prior to the Council meeting, according to normal mail delivery.

ii. If for any reason the reliability of the postal service is in question,

attempts to contact the relevant Councillors by telephone should be made, if circumstances permit.

(b) By Facsimile

A facsimile journal or activity report indicating the facsimile has been successfully transmitted at least 48 hours before the Council meeting w ill be suff icient evidence of the delivery of the notice.

(c) By Delivery

Delivery to the Councillor’s place of residence or usual place of business (if applicable) at least 48 hours before the Council meeting w ill be suff icient to constitute delivery, w hether the Councillor is in attendance or not.



(d) By Electronic Transfer of Data

If applicable, transmission by E-mail, modem or other electronic transfer of data to the Councillor’s Council allocated or advised E-mail address at least 48 hours before the Council meeting.

Minutes

55. In keeping the minutes of any Council meeting, the Chief Executive Officer must record:

i. The names of Councillors and w hether they are present, an apology or

on leave of absence;

ii. The arrival and departure of Councillors during the course of the meeting. It is a requirement that Councillors advise the Chairperson of their departure and subsequent return to the meeting;

iii. Every motion and amendment moved, including the mover (and

seconder) of any motion or amendment;

iv. The outcome of every motion, that is, w hether it w as put to the vote and the result;

v. Procedural motions;

vi. Where a valid division is called, the names of every Councillor and the

w ay their vote w as cast; either for or against;

vii. Details of any failure to achieve or maintain a quorum and any adjournment, w hether as a result or otherw ise;

viii. Details of any question directed or taken upon notice;

ix. The time and reason for any adjournment of the meeting or suspension

of standing orders;

x. Disclosure of an interest or conflict of interest of a Councillor; and

xi. Any other matter w hich the Chief Executive Officer thinks should be recorded to clarify the intention of the meeting or the reading of the minutes.

Addressing the Council meeting

56. At a Council meeting

(a) Any person addressing the Chair must refer to the Chairperson as:

i. Madam Mayor; or ii. Mr Mayor; or



iii. Madam Acting Mayor; or iv. Mr Acting Mayor v. Madam Chair; or vi. Mr Chair

as the case may be.

(b) All Councillors, other than the Chairperson, must be addressed as Cr………………… (name).

(c) All members of Council staff, should be addressed as Mr or

Ms……………………. (name) as appropriate or by their off icial title.

Suspension of standing orders

57. To expedite the business of a Council meeting, the Chairperson may indicate an intention to suspend standing orders and may proceed on that intention w ith the support of the meeting.

(a) The suspension of standing orders should be used to enable full discussion of

any issue w ithout the constraints of formal meeting procedure.

(b) Its purpose is to enable the formalities of meeting procedure to be temporarily disposed of w hile an issue is discussed.

(c) It should not be used purely to dispense w ith the processes and protocol of the

government of Council. An appropriate motion w ould be:

“That standing orders be suspended to enable discussion on …….”

(d) Once the discussion has taken place and before any motions can be put, the resumption of standing orders w ill be necessary. An appropriate motion w ould be:

“That standing orders be resumed”.

Foreshadowing a motion

58. A motion foreshadow ed may be prefaced w ith a statement that, in the event a particular motion before the Chair is resolved in a certain w ay, a Councillor intends to move an alternative or additional motion.

(a) A motion foreshadow ed has no procedural standing and is merely a means to

assist the f low of the meeting.

(b) The Chief Executive Officer w ould not be expected to record foreshadow ed motions in the minutes until the foreshadow ed motion is formally moved.



Separation of motions

59. Where a motion contains several parts or segments or is complicated, it may, at the discretion of the Chairperson, be separated to avoid diff iculties, particularly if different Councillors have differing view s about the several parts of the motion.

Motions in writing

60. The Chairperson may w ish to suspend the Council meeting w hile a motion is being w ritten or may request Council to defer the matter until the motion has been w ritten, allow ing the meeting to proceed uninterrupted.

Adequate debate

61. Adequate debate is required w here a matter is contentious in nature. In such a case, every Councillor should be given an opportunity to debate.

Sufficient debate

62. A motion has not been suff iciently debated if opposing view s (w here they exist) have not been suff iciently put, not so much the number of those w ho have spoken, but w hether all minority opposing view s have been put.

(a) It may be that several speakers have addressed the Council meeting, but their

view s may be similar. In this case, differing view s should be sought by the Chairperson (if they exist).

(b) On the other hand, if only a few speakers have addressed the Council meeting,

their view s may be representative of the other Councillors, in w hich case, the debate w ould be regarded as suff icient.

Adjournment of debate - sine die

63. While the intention of a motion to adjourn debate until the time stated in the motion, debate can be adjourned to some indefinite date by use of the term “sine die”.

(a) If debate is adjourned sine die, some indication should be given to the Chief

Executive Officer as to w hen the matter should be re-listed, otherw ise it w ill be re-listed at the discretion of the Chief Executive Officer, or upon the subsequent resolution of the Council, w hichever occurs f irst.

Rejection of notice of motion

64. If the Chief Executive Officer regards a Notice of Motion as too vague because the general thrust of the motion w as unclear he or she shall reject the notice of motion and



not place it on the agenda. For example, a mere heading or a motion to the effect “that the matter be discussed” or similar w ording, w ould be insuff icient. Therefore, a notice should set out the text of the motion.

DIVISION 5 - APPLICATION TO ADVISORY AND SPECIAL COMMITTEE MEETINGS

Advisory and Special Committees

65. Any provisions of this Code of Meetings Procedure shall, if Council so resolves, apply to any meeting of an Advisory Committee or Special Committee w ith any necessary modif ications.



HUME CITY COUNCIL CODE OF MEETINGS PROCEDURE SCHEDULE 1 PUBLIC QUESTION TIME The Council has made provision in the business of the Ordinary Meetings of the Council for the holding of a public question time. Standing orders w ill be suspended for consideration of questions. Questions (maximum of tw o per person) w hich must be submitted in w riting on this form to the Chief Executive Officer by 12:00 noon on the day of the Ordinary Meeting. The person asking the question must be present in the gallery w hen the question is considered and may be asked for clarif ication by the Mayor or Chairperson. Please refer to the back of this form for procedural guidelines. QUESTION/S (To be as brief and concise as possible): (Please Print using BLOCK LETTERS) ___________________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________

NAME: _______________________________ TELEPHONE NO. ____________________ ADDRESS: ________________________________________________________________ NAME OF ORGANISATION (IF ANY) REPRESENTED: _____________________________ DATE OF ORDINARY COUNCIL MEETING: ___________________ SIGNATURE: ________________________________



QUESTIONS MUST BE SUBMITTED TO THE CHIEF EXECUTIVE OFFICER BY 12:00 NOON ON THE DAY OF THE ORDINARY MEETING.



PROCEDURAL GUIDELINES - PUBLIC QUESTION TIME A maximum of tw o questions are to be asked by any one person. A person submitting a question must be present in the gallery at the time the question is considered. The Mayor or Chairperson w ill nominate the appropriate person to respond to each question. The Mayor or Chairperson may disallow any question w hich is considered: • To relate to a matter beyond the pow er or duties of Council; • To be defamatory, indecent, offensive, abusive, irrelevant, trivial or objectionable in language or

nature; • To be confidential in nature or of legal signif icance; • To be repetitive of a question already answ ered (w hether at the same or any earlier meeting); • To be aimed to embarrass a Councillor, or member of Council staff; • To relate to personnel matters; • To relate to the personal hardship of any resident or ratepayer; • To relate to proposed developments or legal advice; • To relate to matters affecting the security of Council property; • To relate to any other matter w hich Council considers w ould prejudice the Council or any

person. The Mayor or Chairperson w ill ascertain that the person asking the question is present in the gallery and w ill read or direct that the question be read. The Mayor or Chairperson has the discretion to seek clarif ication of the question if deemed necessary but otherw ise the person asking the question is not permitted to enter into debate w ith or directly question Councillors or members of Council staff. The person nominated to respond to a question has the right to either decline to answ er a question or have the question put on notice in w hich case a w ritten answ er w ill be forw arded. A Councillor or a member of Council staff may advise the meeting that it is his or her opinion that the reply to a question should be given in a meeting closed to members of the public. The Councillor or member of Council staff w ill state briefly the reason w hy the reply should be so given and Council shall determine w hether a resolution to close the meeting is required. A Councillor responding to a question may seek additional information from a member of Council staff to assist in the answ ering of that question.



The Mayor or Chairperson shall advise the meeting in regard to any question w hich has been disallow ed and such question shall be available to Councillors on request.



CODE OF MEETINGS PROCEDURE SCHEDULE 2 PUBLIC COMMENT TO OFFICERS RECOMMENDATION Council has made provision in the business of the Ordinary Meetings of the Council for the public to make statements in support or against an off icers recommendation as printed on the Council Notice Paper. PROCEDURAL GUIDELINES - PUBLIC STATEMENTS ON OFFICERS RECOMMENDATIONS At the start of the Council meeting the Mayor w ill ask the members of the gallery if there are any items on the agenda w hich has an off icers recommendation they w ish to make a statement of support or against. These items w ill then be dealt w ith at the start of the meeting follow ing public question time. Prior the Councillors debating the item on the Notice Paper members of the gallery are permitted to speak for or against the recommendation as printed on the Notice Paper. Each speaker is to state their name and address and w hether they are speaking in support or against the off icers recommendation. The statements are to be strictly limited to the off icers recommendation before them. Each speaker is to confine themselves to 2 (tw o) minutes each. The Mayor at any time may cease to hear comments from the public gallery. The object of the procedure is to allow the members of the public have their concerns and comments conveyed to Councillors immediately prior the matter being considered by Council. It is not intended that the same points or arguments be repeated by several speakers. If the point has been made then it shall not be repeated. There is no right of reply or discussion allow ed, no questions can be sought of the Officers, Councillors or other members of the gallery. The only statements that can be made are either directly related to supporting the off icers recommendation or in arguing against it. The Mayor or Chairperson w ill nominate the appropriate person to speak for or against the recommendation. In the case of competition for the right to speak, the Mayor or Chairperson must decide the order in w hich the members of the gallery w ill be heard. Members of the gallery are not permitted to address Councillors or Off icers at any time during the meeting. They must not interject or take any part in any debate. Silence must be preserved in the gallery at all times other than w hen directed by the Mayor or Chairperson. The Mayor or Chairperson may require the person speaking to the recommendation to cease speaking if the Mayor or Chairperson considers any comment:- • To be defamatory, indecent, offensive, abusive, irrelevant, trivial or objectionable in language or

nature;



• To be repetitive of a statements or point already made; • To be aimed or asked to embarrass a Councillor, or member of Council staff or any other

person.

CODE OF MEETINGS PROCEDURE - City of Hume · HUME CITY COUNCIL CODE OF MEETINGS PROCEDURE VERSION...

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