Transparent workshops

This is the Notice of Motion that I submitted today.

NOTICE OF MOTION RE COUNCIL WORKSHOPS

I hereby give notice that at the next ordinary meeting of Newcastle Council I intend to move that:

1. Council incorporate appropriate protocols, procedures and guidelines in its Code of Meeting Practice covering the role and conduct of workshops or other similar gatherings of councillors that draw on council resources but that occur outside the provisions of sections 9 and 10 of the Local Government Act.

2. That these protocols, procedures and guidelines include provisions that inter alia:

a. outline the nature and purpose of such gatherings, and the circumstances in which they will be used,

b. specify that – unless otherwise determined in accordance with adopted council policies and procedures – such workshops or gatherings will normally be open to the public and the media (as observers), and will be publicly notified on the council’s website,

c. duly recognise and give appropriate priority to the public interest, the public right to know, the responsibilities of councillors to the community, and council’s commitment to openness and accountability,

d. state and reflect this council’s commitment to openness and transparency, and

e. incorporate relevant components of Part 13 (Workshops) of the Department of Local Government’s Meetings Practice Note (No.16) of November 2005, and any other relevant advice from the Department.

Background
Council has been using workshops and briefings involving councillors and council staff held outside the provisions of sections 9 and 10 of the Local Government Act for some time. Use of these workshops has intensified significantly during the term of the current council, with a corresponding reduction in public briefings. It is important that council’s use of these briefings does not circumvent the Open Meetings provisions of the Local Government Act, or compromise the right of the public and the media to observe the deliberations of elected councillors, and this council’s commitment to transparency and accountability.

The Department of Local Government Meetings Practice Note (No.16, November 2005) contains a specific section on Workshops (Part 13), which is excerpted in its entirety below.

Among other things, the Practice Note outlines some of the limitations on such gatherings, and emphasises that:

· Workshops should not be used for detailed or advanced discussions where agreement is reached and/or a (de-facto) decision is made. Any detailed discussion or exchange of views on an issue, and any policy decision from the options, should be left to the open forum of a formal council or committee meeting.

· The meeting procedures in the Act and the Regulation do not apply to these gatherings.

· Meeting procedures for council workshops is a decision for the council.

· Where briefing sessions are held in relation to development applications or business enterprises, council needs to remember its obligations and responsibilities under the Model Code, and community perceptions in terms of unfair advantage and transparency of process.

· When conducting workshops, a council needs to think about its obligations and responsibilities under the Model Code, and of community perceptions in terms of unfair advantage and transparency of process. There may be a belief that workshops are a means of transacting council business and coming to council decisions in secret.

The Practice Note also suggests that councils may wish to introduce protocols for workshops or information sessions in its Meeting Code, and that the development of clear guidelines for such gatherings might assist councils in avoiding a belief that workshops are a means of transacting council business and coming to council decisions in secret.

This Notice of Motion is designed to give effect to that statement.

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Excerpt from the Department of Local Government Meetings Practice Note (No.16, November 2005)
Part 13: Workshops

Can a council set up workshops? Are there any limitations on their use?
A council can hold a workshop (sometimes called a briefing session) under its general powers as a body corporate. Workshops are informal committees and can provide useful background information to councillors on issues. A workshop may involve councillors, council staff and invited participants.

Workshops should not be used for detailed or advanced discussions where agreement is reached and/or a (de-facto) decision is made. Any detailed discussion or exchange of views on an issue, and any policy decision from the options, should be left to the open forum of a formal council or committee meeting.

The Department recognises the value of workshops or information sessions in developing councillor knowledge and expertise, and in assisting their role as public officials. However, where briefing sessions are held in relation to development applications or business enterprises, council needs to remember its obligations and responsibilities under the Model Code, and community perceptions in terms of unfair advantage and transparency of process. Council may wish to introduce protocols for workshops or information sessions in its Meeting Code.

Who can attend council workshops?

Attendance entitlements in the Act and the Regulation apply only to meetings of the council and its formal committees (made up of councillors only). As workshops are not meetings of the council or its formal committees, the attendance entitlements of councillors and the public do not apply.

Part 9.2 of the Model Code states that “any information given to a particular councillor in the performing of their civic duties must also be available to any other councillor who requests it”. Equity in access to information (in the form of workshops) is a matter for each council to decide in the context of its policies and resources. While it is usual for all councillors to be entitled to attend workshops, attendance is a decision for the council or, failing that, the workshop convenor.

There is no obligation on councillors to attend workshops.

What are the meeting procedures for council workshops?

The meeting procedures in the Act and the Regulation apply only to meetings of the council and its formal committees made up of councillors only. As workshops are not meetings of the council or its formal committees, the meeting procedures in the Act and the Regulation do not apply. Meeting procedures for council workshops is a decision for the council or, failing that, the workshop convenor. Council may wish to introduce protocols for the conduct of workshops in its Meeting Code.

The non-disclosure provisions of sections 664(1) and 664(2) of the Act apply to workshops but, because they cannot be closed under section 10A of the Act, the confidentiality provisions of sections 664(1A) and 664(1B) do not apply.

Can the public inspect workshop documents?

Any document produced in relation to a workshop would be a document of the council. This means that these documents could be inspected and copied in accordance with sections 12 to 12B of the Act or the provisions of the Freedom of Information Act 1989 (NSW), subject to any exemptions or copyright restrictions. A person refused access to a document under the Freedom of Information Act 1989 (NSW) can apply for a review of the determination by the NSW Administrative Decisions Tribunal.

What about public perception?

When conducting workshops, a council needs to think about its obligations and responsibilities under the Model Code, and of community perceptions in terms of unfair advantage and transparency of process. There may be a belief that workshops are a means of transacting council business and coming to council decisions in secret.

Negative public views of workshops could be changed by community education on the purpose of workshops, and by making sure that council decisions are not made at workshops. Establishing clear guidelines for workshops and information sessions in council’s Meeting Code would assist this. Guidelines could include requirements that, for example, workshop briefing papers contain information but no recommendations; or directions that no recommendations are to be put to, and no agreement sought from, the councillors or other workshop participants in the course of the workshop.

Can a council hold community access sessions separate from its meetings?

Community access sessions are not discussed in the Act or the Regulation. A council can hold these sessions under conditions set by the council. Again, guidelines for running community access sessions could be included in council’s Meeting Code.