Melton City Council has recently undertaken a thorough review of its Governance Rules to create a comprehensive, transparent, and user-friendly document. Our focus is on ensuring Council can fulfil its obligations under the Local Government Act 2020. The updated Governance Rules offer guidance on roles, responsibilities, and the decision-making process, including details on Council meetings.
Your thoughts are valuable to us, and we invited you to provide feedback on the Draft Governance Rules. Submissions are now closed and being reviewed.
Post Consultation update:
Melton City Council’s Governance Rules require an amendment to the Election Period Policy, contained within the Governance Rules, in accordance with a legislative update to regulation 5(1) of the Local Government (Electoral) Regulations 2020 .The full regulations can be found here.
The nomination day has been amended from 32 to 39 days before election day. This means candidates who would like to nominate to run as a Councillor in the Council elections on 26 October 2024 must nominate by 12noon on Tuesday 17 September 2024.
What changes have we made
We've removed the section about attending electronically because details about attendance modes are now explained in Division 15, which covers both physical and remote attendance.
Additionally, we've added Section 19, which outlines the process from the Local Government Act 2020 when there's an inability to reach or maintain a quorum due to conflicts of interest.
Section 29.1: Submission of Notice of Motion
A notice of motion must be sent via a Councillor’s Melton email address to the Chief Executive
Officer by 12noon 6 days prior to the Council meeting.
Section 29.2: Council Report Requirement for Motions
If a Motion proposed in a Notice of Motion has the potential to impact certain criteria outlined in the draft Rules, a Council report must be called for.
Section 29.3: Strengthened and Clarified CEO's Discretion
Rules governing when the Chief Executive Officer may reject any notice of motion have been strengthened and clarified.
Section 35: Agreed Alteration to Motion or Amendment Rules
This section outlines the agreed alteration rules for Motions or Amendments.
Section 47: Debate on Tabled Items
The rules now state that there is no debate on items which have been tabled.
Section 52.1: Notice of Rescission Justification
Any Councillor putting forth a notice of rescission is obligated to submit written justification. This justification must encompass one or more of the criteria specified in the draft Rules.
We've enhanced Section 61 by incorporating five additional points specifying circumstances under which a point of order may be raised.
Section 62.3: Allotted time for public question sessions have been extended
The allotted time will not surpass 20 minutes unless an extension is granted through additional increments of 20 minutes.
Section 62.4: Cut-off times for public questions
Cut-off times have been updated to 10 am on the day of the Council Meeting.
Section 62.7: Clearer guidelines have been provided on situations where questions may be disallowed by either the Chair or the Chief Executive Officer.
Section 63: Submission Hearings Rules
This new section outlines the rules governing submission hearings.
Section 71: Once a vote on a matter has been taken, no further discussion relating to the matter is allowed.
Section 72: If a motion is lost, a similar motion may not be put before Council for at least three months from the date it was last lost, unless Council resolves that the motion be re-listed at a future meeting.
Section 73: En bloc voting is not permitted.
Section 78: Audiovisual Recording of Council Meetings
A new section has been introduced to address the audiovisual recording of Council Meetings and how it is to be managed.
Section 80 Chair May Remove
New section added in which the Mayor, in accordance with section 19(1)(b) of the Local Government Act 2020 may direct a Councillor to leave a Council meeting if the behaviour of the Councillor is preventing the Council from conducting its business.
This new section outlines the mode of attendance, which may include electronic, in-person, or a mix as specified in notices. Additionally, rules regarding the request for electronic attendance have been strengthened, and guidelines for actions to be taken in cases of technical difficulties have been added.
Section 87: Urgent Decisions required under this Chapter
The CEO holds decision making authority in collaboration with the Mayor in regards to a number of rules in this chapter.
In urgent situations where consulting with the Mayor is not feasible, the CEO may independently decide on a course of action and promptly inform the Mayor of the decisions made.
The Rules in this chapter have been strengthened with an emphasis on enhancing their effectiveness. Additionally, a new section, Section 104, has been introduced to provide details about the maintenance of the Conflict of Interest Register.
The Election Period Policy has undergone significant revisions to align with the new Council Policy Template. This updated policy incorporates practices outlined in the Local Government Act 2020, with a particular emphasis on upholding fair and democratic election principles. The key highlights of the policy include:
Compliance with Section 69 of the Act:
The policy comprehensively addresses the stipulations outlined in Section 69 of the Local Government Act 2020 related to the election period.
Encompassing Decision-Making, Resource Usage, Public Consultation, Events, and Communications:
The policy provides guidelines for decision-making processes, resource utilization, public consultation, event management, and communications, all within the framework of the election period.
Adherence to Councillor Conduct and Misuse of Position Standards:
Specific attention is given to addressing and regulating Councillor conduct and preventing the misuse of position during election periods.