Please note: Recommendations of Council committees are subject to endorsement by Council at the following ordinary meeting

Terms of Reference

NAME

Pursuant to section 41(1) of the Local Government Act 1999, the District Council of Loxton Waikerie (Council) resolved on 17 February 2017 to establish a committee to be known as Waikerie Delivers (the Committee)

 

MEMBERSHIP

The members of the Committee shall be appointed or removed by resolution of Council and will consist of no less than 6 and no more than 10 persons, comprising 2 Elected Members and up to 8 members of the community with relevant skills, experience or qualifications in advancing the responsibilities of the Committee.

The Mayor is an ex officio member of the Committee

Term of membership shall be 2 years with half of the members retiring at any one time. In the initial term this will be decided by drawing lots. Retiring members shall be eligible to seek reappointment.

The Presiding Member shall be recommended by the committee but appointed by Council.

Only members of the Committee are entitled to vote in committee meetings. Unless otherwise required by the Act not to vote, each member must vote on every matter that is before the Committee for decision.

Council staff may attend any meeting as directed by the Chief Executive Officer for the provision of advice or the conduct of administrative functions, but are not entitled to vote.

No additional allowance will be paid to an elected member representative over and above the allowance already received by the elected member in accordance with the Local Government (Members Allowances and Benefits) regulations 1999.

 

QUORUM

A quorum shall consist of half the appointed members plus one, but shall not include the Mayor unless actually present.

 

MEMBERS LIABILITY

No civil Liability shall attach to a member of the Committee for an honest act or omission in the exercise performance or discharge or purported exercise, performance or discharge of the members or committee’s functions or duties. A liability that would but for the foregoing attach to a member of a committee, attaches instead to the Council.

Pursuant to the Rules of the LGAMLS, the Council must apply prudent industry based risk management practices across all of its operations.

Any liability or risk management issues must be communicated within the Council.

 

CONFLICT OF INTEREST

The provisions of sections 73, 74, 75, 75A and 75B the Local Government Act 1999 will apply to all members of the Committee.

 

REGISTER OF INTEREST

The provisions of section 68 of the Local Government Act 1999 will not apply to members of the Committee.

 

PROCEEDINGS THE COMMITTEE MEETINGS

The Committee shall be subject to the provisions of the Local Government (Procedures at Meetings) Regulations 2000, Part 2.

The Committee shall meet at least monthly, or otherwise as required, and the purpose and outcomes of the Committee be reviewed each 12 month period to determine the ongoing need for the Committee.

A notice of meeting and agenda shall be provided to each committee member at least 3 clear days before each meeting.

Special Meetings may be held at any time, at the request of the Presiding Member of the Committee or at least three members of the Committee.

All resolutions of the Committee shall act as recommendations to Council, subject to the Committee being granted delegated authority to act according to Council policy and procedures in designated matters, or where Council has previously approved a course of action.

A question arising for decision at a meeting of the Committee will be decided by a majority of the votes cast by the members present at the meeting and entitled to vote on the question.

All members of the Committee who are present at a meeting shall have a deliberative vote.

The Presiding Member shall also have a casting vote if required.

In accordance with the principles of open, transparent and informed decision making, Committee meetings must be conducted in a place open to the public. The agenda and minutes of Committee meetings are also required to be made available to the public, subject to any items that are discussed in confidence under Section 90 of the Local Government Act 1999 and subsequently retained as confidential under Section 91 of the Act

 

DUTIES OF THE PRESIDING OFFICER

The duties of the Presiding Officer of the committee are:

a)         to preside at meetings of the committee

b)         preserve order at meetings so that the business may be conducted in due form and with propriety

c)         upon confirmation of the minutes, sign them in the presence of the meeting

d)         responsibility to the Council for the proper observance of these Terms of Reference

e)         if requested, to provide advice to the Responsible Officer between committee meetings on the implementation of the decisions of the committee

f)          to act as the principal spokesperson of the committee

g)         to exercise other functions of the committee as the Council determines

h)         to carry out the ceremonial duties of the committee.

 

GENERAL DUTIES OF MEMBERS OF THE COMMITTEE

Members are expected to:

a)         act honestly and within the law at all times

b)         act in good faith and not for improper or ulterior motives

c)         act in a reasonable, just and non discriminatory manner

d)         undertake their role with reasonable care and diligence

e)         conduct their ongoing relationship with fellow Council members, Council employees and the public with respect, courtesy and sensitivity

f)          use information in a careful and prudent manner

 

CASUAL VACANCIES

The position of member on the committee becomes vacant if the member:

a)         resigns by notice in writing to the Chairman of the committee; or

b)         is removed from office by the Council on the grounds that he or she has been absent without leave of the Committee from three or more consecutive meetings, the first of which having been held three months or more before the last; or

c)         is removed by the Council at its sole discretion; or

d)         is declared a bankrupt or applies for the benefit of the law for the relief of insolvent debtors; or

e)         is convicted of an indictable offence punishable by imprisonment; or fails to meet the qualification criteria for membership contained in the membership clause above.

The Committee shall forthwith inform the Council if any member forfeits their seat in such a manner.

In respect of disqualification by reason of absence for three months or more, the member forfeiting their seat under these circumstances shall however be eligible for re-election to the committee of which they were a member.

If a casual vacancy occurs on the committee, Council shall determine the process to fill that vacancy.

In the event that a casual vacancy occurs within five (5) months of the next date of appointment of the committee, the Council may elect to continue until the next date of appointment without filling the casual vacancy.

In the event that three (3) positions become vacant concurrently for whatever reason, the Committee must immediately suspend the performance of its duties and obligations conferred by this Term of Reference and forthwith inform the Chief Executive Officer of the Council, who shall give consideration to the cause of the  casual vacancies and seek determination from Council.

 

FUNCTIONS OF THE COMMITTEE

The Committee has the following functions: 

1. Play a significant role in the activation of Waikerie business and community roles in the Strategy
2. Capture and communicate ideas and initiatives so that Council, Regional Development Australia, business, service and community groups are kept up to date with activation of the Strategy
3. Provide timely and appropriate information and encouragement in relation to the Strategy
4. Provide advice to Council regarding the use and development of public open spaces, walking / bike trails and the like

 

REPORTING & ACCOUNTABILITY

Administration support will be provided by Regional Development Australia Murraylands and Riverland through direction of Councils Chief Executive Officer

Council will provide a Responsible Officer by direction of Councils Chief Executive Officer

A copy of the agenda and minutes of every meeting shall be provided to the Chief Executive Officer for inclusion in the agenda of the next Council meeting, provided for public display and on council’s website.

Where a particular matter requires a specific resolution or the attention of the Council, the minutes will adequately reflect a recommendation to be considered by Council.

The committee is accountable to the District Council of Loxton Waikerie in all things.

 

DISPUTES

Should a dispute arise over any matter, the matter shall be handled in accordance with Council’s Grievance Procedures, however the decision of the Council will be final.

The Council is committed to transparent decision making processes and to providing access to a fair and objective procedure for the hearing of review of decisions. Grievances may arise as a result of dissatisfaction with a decision about a policy, procedure, service or fee.

 

REVIEW AND AMENDMENT TO TERMS OF REFERENCE

Council may at any time amend or alter these terms of reference by resolution of the Council. The committee shall at least annually, review these Terms of Reference to ensure that they properly reflect the role and function of the committee.

 

CESSATION OF THE COMMITTEE

The Committee shall be dissolved upon the earlier of a decision of Council, or the end of the current term of Council, being November 2018