Tuesday 13 October 2009

Secret meetings enshrined

Tonight Council considered a new Code of Meeting Practice and a new Code of Conduct and, among others things, signalled its intention to enshrine secret meetings.

Here's the minutes of the meeting...

GOVERNANCE
ITEM-89 CCL 13/10/09 - CODE OF MEETING PRACTICE
MOTION: (COUNCILLORS S SHARPE/N NELMES)
That Council resolve to place the draft Code on public exhibition for a period of 42 days and that the notice of public exhibition also specify a period of 42 days, from the
commencement of the public exhibition, during which submissions may be made. In moving the motion Councillor Sharpe proposed to include in the exhibited documentation an alternative prayer that was submitted by Councillor Jackson:

We, the Councillors and Staff of the City of Newcastle, humbly recognise the responsibility placed upon us by the people of Newcastle to work together for the peace, order and good government of this great city, and we resolve to perform our duty with honour and integrity. I now ask you all to remain standing and, in silence, to pray or reflect on our responsibilities to the people of Newcastle.

The mover and seconder agree to include the alternative prayer into the motion.

Councillor Osborne asked mover and seconder to include two changes to the draft code of meeting practice.

1 Councillor Workshops 82.5. Proposed that clause 82.5 reads "All workshops are open… unless they are closed by prior resolution...".

2 Recording of Meetings 33.4 Proposed that clause 33.4 reads "Councillors shall be entitled to tape or make any copy of the recordings of the proceedings".

Councillor Sharpe accepted Councillor Osborne's changes into the motion.

Councillor Nelmes accepted the change to 33.4 but not to 82.5.

AMENDMENT: (COUNCILLORS M OSBORNE/S SHARPE)
That Council resolve to place the draft Code on public exhibition for a period of 42 days and that the notice of public exhibition also specify a period of 42 days, from the commencement of the public exhibition, during which submissions may be made, and including the following:

Councillor workshops Clause 82.5. Proposed that clause 82.5 reads "All workshops are open… unless they are closed by prior resolution…..".

Recording of Meetings 33.4 Proposed that clause 33.4 reads "Councillors shall be entitled to tape or make any copy of the recordings of the proceedings".

Following discussion Councillor King proposed the following amendment to Clause 12.1 (change in bold).

12.1 Any person must, on all occasions stand when addressing a Council meeting.

The mover and seconder of the motion indicated they would accept Councillor King’s amendment.

Councillor Osborne also noted that he would accept the change into the amendment.

Councillor Cook gave notice of a foreshadowed motion that being the original recommendation as moved but without the changes added by Councillor Osborne.

Councillor Nelmes asked if Councillors could receive a copy of the documents during the exhibition period that clearly identified the changes.

When putting the amendment the Lord Mayor identified that Councillor Sharpe had moved the motion and seconded the amendment.

Councillor Sharpe then withdrew his seconding of the amendment.

Councillor King indicated that he would second the amendment.

The Lord Mayor put the amendment to the meeting and called for a division which resulted as follows:

For the amendment Councillors S Claydon, M Jackson, M King, M Osborne and S Sharpe.
Against the amendment The Lord Mayor, Councillors G Boyd, A Buman, S Connell, T Crakanthorp, B Cook and N Nelmes.

The amendment was declared defeated on the division of five votes to seven votes.

PROCEDURAL MOTION
RESOLVED: (Councillors A Buman)
The motion be put.

The motion was then put to the meeting and declared carried.

RESOLVED: (COUNCILLORS S SHARPE/N NELMES)
That Council resolve to place the draft Code on public exhibition for a period of 42 days and that the notice of public exhibition also specify a period of 42 days, from the commencement of the public exhibition, during which submissions may be made and as amended at Council 13 October, 2009:

• Exhibition of the following alternative prayer:
We, the Councillors and Staff of the City of Newcastle, humbly recognise the responsibility placed upon us by the people of Newcastle to work together for the peace, order and good government of this great city, and we resolve to perform our duty with honour and integrity. I now ask you all to remain standing and, in silence, to pray or reflect on our responsibilities to the people of Newcastle.

• Inclusion of:
Recording of Meetings 33.4 Proposed that clause 33.4 reads "Councillors shall be entitled to tape or make any copy of the recordings of the proceedings".

• Inclusion of:
12.1 Any person must on all occasions stand when addressing a Council meeting.

Councillor Osborne wished his name recorded as having voted against the motion.

ITEM-90 CCL 13/10/09 - REPORT ON CODE OF CONDUCT
AMENDMENTS
MOTION: (COUNCILLOR A BUMAN)
That the draft Code of Conduct at Attachment A be adopted as Council’s Code of Conduct.

Following brief discussion Councillor Buman withdrew the motion.

PROCEDURAL MOTION
MOTION: (Councillors M Osborne)
Council receive a public briefing and open workshop on this matter.

The procedural motion was put to the meeting and declared defeated.

MOTION: (COUNCILLORS B COOK/G BOYD)
That the draft Code of Conduct at Attachment A be adopted as Council’s Code of Conduct.

Councillor Sharpe gave notice of a foreshadowed motion to place the draft Code of Conduct on exhibition for 28 days.

Councillor Cook then withdrew the motion before the Chair in favour of the foreshadowed motion.

There was no dissent from the meeting to the motion being withdrawn.

MOTION: (COUNCILLORS S SHARPE/S CLAYDON)
Council place the draft Code of Conduct on public exhibition for 28 days.

Councillor Buman asked Councillor Sharpe to remove Sections 37.1 – 37.8 from the document for public exhibition.

Councillor Sharpe indicated that he would remove the section as outlined.

Councillor Claydon indicated that she would not support removing the section as outlined.

Councillor Connell requested the mover and seconder to consider including provision for a councillor briefing during the 28 day exhibition period.

The mover and seconder indicated that they would accept Councillor Connell’s proposal.

The Lord Mayor noted that such briefing form a Part B to the motion.

Councillor Connell further asked that the draft Code of Conduct to be placed on exhibition not include Sections 37.4 and 37.7.

The mover indicated that would accept Councillor Connell’s further changes, however, Councillor Claydon did not accept Councillor Connell’s changes.

The Lord Mayor clarified the motion remained unchanged.

As with the previous item Councillor Nelmes requested appropriate shading and shadowing to clearly identify the model Code, old Code and new Code of Conduct.

Councillor Jackson proposed that the motion be strengthened by including the words the notice of public exhibition also specify a period of 28 days from the commencement of the public exhibition during which submissions may be made.

The mover and seconder agreed to Councillor Jackson’s change.

Following the mover’s right of reply the motion was put to the meeting and the Lord Mayor called for a division which resulted as follows:

For the motion The Lord Mayor, Councillors G Boyd, S Claydon, S Connell, B Cook, T Crakanthorp, M Jackson, N Nelmes and S Sharpe.
Against the motion Councillors A Buman, M King and M Osborne.

The motion was declared carried on the division of nine votes to three votes.

RESOLVED: (COUNCILLORS S SHARPE/S CLAYDON)
A Council place the draft Code of Conduct on public exhibition for 28 days. The notice of public exhibition also specify a period of 28 days from the commencement of the public exhibition during which submissions may be made.

B Provision be made for a councillor briefing during the 28 day exhibition period.

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