COUNCIL MEETING

28 AUGUST 2018

ATTACHMENT TO ITEM 10.1

POLICY NO.1.1.5 - MEDIA COMMUNICATIONS - AMENDMENT

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MEDIA COMMUNICATIONS

POLICY NO: 1.1.5 REVIEW DATE: July 2018 OBJECTIVE This Policy: 1. Proposes to establish a consistent and coordinated, ‘whole of Council’ approach to

matters in relation to the Town of Cambridge’s communication with the media. 2. Establishes protocols for the Town of Cambridge's official communication with its

community, to ensure the Town is professionally and accurately represented, and to maximise a positive public perception of the Town of Cambridge.

SCOPE This Policy applies to: 1. Communications initiated or responded to by the Town of Cambridge with its

community; and 2. Elected Members when making comment in either their Town of Cambridge role or in a

personal capacity. POLICY STATEMENT 1. Purpose The Media Communications Policy sets out clear, consistent protocols for all contact

with media which are to be followed by the Mayor, Elected Members, Chief Executive Officer and administration employees of the Town of Cambridge and has been established to:

1.1 Formalise the roles of the Mayor, Elected Members, Chief Executive Officer and

administration employees in relation to media communications. 1.2 Maintain positive, quality and timely communications with the media even during

adverse media attention. 1.3 Ensure the Town’s affairs and activities are fairly and accurately reported in the

media. 1.4 Proactively represent the Town in media communications. 1.5 Ensure communication with the media is consistent, in line with the Town’s

strategic direction, and aligned with the Town’s communication strategy. 1.6 Ensure that media communication with the Town is in accordance with relevant

statutory provisions. 1.7 Provide Sharing information required by law to be publicly available. 1.8 Shareing information that is of interest and benefit to the community. 1.9 Promoteing Town of Cambridge events and services.

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1.10 Promoteing Public Notices and community consultation / engagement

opportunities. 1.11 Answering questions and responding to requests for information relevant to the

role of the Town of Cambridge. 1.12 Receiveing and responding to community feedback, ideas, comments,

compliments and complaints. The Town will use this Policy to assist the Mayor, Elected Members, Chief Executive

Officer and administration employees in understanding the correct communication processes when handling media enquiries, identifying spokespersons for media interviews, preparing media statements and making comments to the media.

2. Official Communications The Town of Cambridge’s official communications will be consistent with relevant

legislation, policies, standards, and the positions adopted by the Council. The Town's communications will always be respectful and professional.

The Town of Cambridge will use a combination of different communication modes to suit

the type of information to be communicated and the requirements of the community or specific audience, including:

2.1 Town of Cambridge website; 2.2 Advertising and promotional materials; 2.3 Media releases prepared for the Town of Cambridge, to promote specific Town

positions; 2.4 Social media; and 2.5 Community newsletters, letter drops and other modes of communications

undertaken by the Town of Cambridge’s Administration at the direction discretion of the Chief Executive Officer.

The Town of Cambridge will maintain an official website as the community’s online

resource to access to the Town’s official communications. 3. Commitment The Town of Cambridge is committed to open, transparent procedures, and to being

fully accountable to the media and the wider community. Therefore, it wishes to provide the media with information about projects and initiatives, and to respond to media enquiries in a full and in a timely manner.

The Town of Cambridge aims to maximise its media exposure by: 3.1 Demonstrating that it is an open and accessible local government authority; 3.2 Providing accurate information to the media in a timely manner; 3.3 Showing that it is always keen to respond to media enquiries; and 3.4 Building positive relationships with persons in the print and electronic media.

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4. Speaking on Behalf of the Town of Cambridge 4.1 The Mayor is the official spokesperson for the Town of Cambridge, and may

represent the Town in official communications, including; speeches, comment, print, electronic and social media.

[s.2.8(1)(d) of the Local Government Act 1995] 4.2 Where the Mayor is unavailable, the Deputy Mayor may act as the

spokesperson. [s.2.9 and s.5.34 of the Local Government Act 1995]

4.3 The Chief Executive Officer may speak on behalf of the Town of Cambridge, if

where authorised to do so by the Mayor. [s.5.41(f) of the Local Government Act 1995]

4.4 The provisions of the Local Government Act 1995 essentially direct that only the

Mayor, or the Chief Executive Officer, if authorised, may speak on behalf of the Local Government. It is respectful and courteous to the Office of Mayor for others to refrain from commenting publicly, particularly on recent decisions or contemporary issues, until such time as the Mayor has had opportunity to speak on behalf of the Town.

4.5 Communications by Elected Members, whether undertaken in an authorised

official capacity, or as a personal communication, must not: (a) bring the Town of Cambridge into disrepute; (b) compromise the person’s effectiveness in their role with the Town of

Cambridge; (c) imply the Town of Cambridge’s endorsement of personal views; or (d) disclose, without authorisation, confidential information. 4.6 Social media accounts or unsecured website forums must not be used to

transact meetings which relate to the official business of the Town of Cambridge. 4.7 Elected Member communications must comply with the town of Cambridge Code

of Conduct and the Local Government (Rules of Conduct) Regulations 2007. Governance Principles In accordance with the provisions of the Local Government Act 1995 the Mayor speaks

on behalf of the local government (Section 2.8), or the Chief Executive Officer if the Mayor agrees (Section 5.41). In accordance with Section 5.34 of the Local Government Act 1995, the Deputy Mayor may speak on behalf of the local government in the absence of the Mayor.

A process is required to enable the Mayor (or Deputy Mayor as the case requires) to

undertake this role, or authorise the Chief Executive Officer to discharge this responsibility. For this to work effectively good communication between the Mayor and Chief Executive Officer and flexibility in the application of the media communication process is required. This Policy will be used as a guide to the role of the Mayor and Chief Executive Officer relating to contact with the media.

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5. Principles The following principles are to be followed: 5.1 Only persons authorised by this Media Communications Policy are to provide

opinion/comment to the media on behalf of the Council or the Town of Cambridge.

5.2 Verbal and/or written media communications are to be made by the Mayor or

Chief Executive Officer (only where prior previously authorised by the Mayor) relating to Council decisions, initiatives or issues of a controversial nature.

5.3 Comment to the media by Elected Members is only to be made on the basis that

the media are informed the Elected Member is not speaking on behalf of the Council or Town of Cambridge and the comment is qualified as being of a personal nature. Elected Members are shall not to announce Council initiatives, unless prior authorised by the Mayor.

5.4 Details of matters that occur as part of the decision making process which are

confidential are not to be disclosed, unless approved by the Council. 5.5 The Mayor, at his/her discretion, may authorise an Elected Member to speak on

a specific issue if it is considered that the Elected Member has particular knowledge of the matter and is in the best position to represent the Council or Town of Cambridge.

5.6 Media All official communication is not to include comment or material that is for

electioneering or personal promotional purposes, under any circumstances. 5.7 When applying these principles, the Mayor, Elected Members, Chief Executive

Officer and administration employees are to have regard to ethical and professional behaviour and comply with the Town of Cambridge Code of Conduct. as it relates to personal behaviour.

6. Personal Communications Personal communications and statements made privately in conversation, written,

recorded email, or posted in personal social media, have the potential to be made public, whether it was intended to be made public or not.

Therefore, on the basis that personal or private communications may be shared or

become public at some point in the future, Elected Members must ensure that their personal or private communications do not breach the requirements of this Policy, the Town of Cambridge Code of Conduct, or the Local Government (Rules of Conduct) Regulations 2007, or the Defamation Act 2005.

7. Elected Member Statements on Town of Cambridge Matters Subject to compliance with this Policy, an Elected Member may choose to make a

personal statement publicly on a matter related to the business of the Town of Cambridge.

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Any public statement made by an Elected Member, whether made in a personal

capacity or in their Local Government representative capacity, must: 7.1 Clearly state that the comment or content is a personal view only, which does

not necessarily represent the views of the Town of Cambridge. 7.2 Be made with reasonable care and diligence; 7.3 Be lawful, including avoiding contravention of copyright, defamation,

discrimination or harassment laws; 7.4 Be factually correct; 7.5 Avoid damage to the reputation of the Town of Cambridge; 7.6 Not reflect adversely on a decision of the Council; 7.7 Not reflect adversely on the character or actions of another Elected Member or

employee; and 7.8 Maintain a respectful and positive tone, and not use offensive or objectionable

expressions in reference to any Elected Member, employee or community member.

7.9 Not disclose confidential information. An Elected Member who is approached by the media for a personal statement may

request the assistance of the Chief Executive Officer. Comments which become public, and which breach this Policy, the Town of Cambridge

Code of Conduct, or the Local Government (Rules of Conduct) Regulations 2007, may constitute a serious breach of the Local Government Act 1995, and may be referred for investigation.

8. Responding to Media Enquiries 8.1 All enquiries from the Media for an official Town of Cambridge comment,

whether made to an individual Elected Member or employee, must be directed to the Chief Executive Officer, or a person authorised by the Chief Executive Officer. Information will be coordinated to support the Mayor or Chief Executive Officer (where authorised) to make an official response on behalf of the Town of Cambridge.

8.2 Elected Members may only make comments to the media in their personal

capacity (refer to Clause 7). 9. Procedure for Dealing with a media Enquiry Dealing with a Media Enquiry The Mayor is to respond to media enquiries related to Council decisions, initiatives or

issues of a controversial nature. The Chief Executive Officer, or approved nominee, may respond to media enquiries that:

9.1 Are operational or technical in nature; 9.2 Are minor issues; or 9.3 Provide factual information or information on the public record. 10. The following steps are to be followed by administration employees in responding to

media enquiries for the Town of Cambridge:

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10.1 If approached by a media representative, an administration employees should

ask and note: (i) The journalist’s name; (ii) The media outlet they represent; (iii) The subject of their enquiry and what details they require; and (iv) The deadline to which the journalist is working. 10.2 The employees member should then direct the caller to the Chief Executive

Officer, or the approved nominee, and provide the details listed in (1) above. The employees or consultant should not continue the conversation further with the caller.

10.3 If the enquiry is minor and/or regarding something that is a matter of public

record – the enquiry can be answered immediately by an employee. For example, the date of the next Council Meeting. It can also be helpful to refer some journalists to the Town’s website for information (www.cambridge.wa.gov.au).

10.4 If there is any doubt, or the matter is more detailed or controversial, the

employee should advise the journalist that the Town of Cambridge Media Policy is for all media liaison to be directed to the Chief Executive Officer for response.

10.5 The Chief Executive Officer will either: (i) Refer the matter to the Mayor; or (ii) Respond to the media enquiry. (iii) Nominate an appropriate spokesperson to deal with the enquiry. Note: Administration Employees specifically authorised to make comments to the media are to

confine themselves to providing such information as is necessary to explain Council Policy or to provide factual, explanatory and background material pertinent to the question. Requests for supporting materials, related information and drawings/photographs are to be referred to the Chief Executive Officer and are on no account to be released without the Chief Executive Officer’s permission.

11. Social Media The Town of Cambridge uses social media to facilitate interactive information sharing

and to provide responsive feedback to its community. Social media will not however, be used by the Town of Cambridge to communicate or respond to matters that are complex, or relate to a person’s or entity’s private affairs.

The Town of Cambridge may maintain a combination of social media accounts, such as: (a) Social Networks: eg Facebook, Yammer, LinkedIn and Google+; (b) Media Sharing Networks: eg Snapchat, Instagram, Flickr, Soundcloud, YouTube

and Podcasts; (c) Blogging Networks: eg Wordpress or newshub; (d) Micro-blogging Networks: eg Twitter and Tumblr; (e) Applications: eg Localeye, Report It, iCouncil, Go2Guides, My Local Services,

Snap Send Solve, NearStreets.

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The Town of Cambridge may also post and contribute to social media hosted by others,

so as to ensure that the Town of Cambridge's strategic objectives are appropriately represented and promoted.

The Town of Cambridge actively seeks ideas, questions and feedback from our

community however, we expect participants to behave in a respectful manner. The Town of Cambridge will moderate its social media accounts to address, and where necessary, delete content which is deemed as:

(a) Offensive, abusive, defamatory, objectionable, inaccurate, false or misleading; (b) Promotional, soliciting or commercial in nature; (c) Unlawful or incites others to break the law; (d) Information which may compromise individual or community safety or security; (e) Repetitive material copied and pasted or duplicated; (f) Content that promotes or opposes any person campaigning for election to the

Council, appointment to official office, or any ballot; (g) Content that violates intellectual property rights or the legal ownership of

interests or another party; and (h) Any other inappropriate content or comments at the discretion of the Town of

Cambridge. Where a third party contributor to a Town of Cambridge social media account is

identified as posting content which is deleted in accordance with the above, the Town of Cambridge may, at its complete discretion, may block that contributor for a specific period of time or permanently.

11.1 Mayoral Social Media Official Accounts (a) The Town of Cambridge supports the Mayor in using official social media

account/s to assist the Mayor in fulfilling their role under Section 2.8 of the Local Government Act 1995, to speak on behalf of the Town of Cambridge. The content will be administered and moderated in accordance with this Media Policy, by the Chief Executive Officer.

(b) These official social media Town of Cambridge accounts of the Town of

Cambridge must not be used by the Mayor for personal communications. 11.2 Use of Social media in Emergency Management and Response The Town of Cambridge will use appropriate forms of social media to

communicate and advise its community in relation to emergency management. 11.1 Potential Issues Employees who become aware of issues or potential issues that could damage

the image or reputation of the Town, should contact their direct superior immediately.

Providing information in advance will help the Mayor and/or the Chief Executive

Officer prepare for communication with the media if and when an issue arises – or to communicate in a pro-active way about a relevant issue affecting members of the wider community.

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11.2. Availability and Support The Chief Executive Officer will be available to the media at all times. The Town

may seek additional support in the area of media relations available through a public relations consultancy.

11.3 Media Training While the Mayor currently handles the majority of media enquiries, there may be

a need for other employees to act as Council spokespersons from time to time. These employees should undergo media training.

Note: Employees are not permitted to make any comment to the media about

any Council matter or project, unless prior approval has been given by the Chief Executive Officer.

12. Preparation and Distribution of Media Statements Media statements are to be issued by the Mayor for matters relating to Council

decisions, initiatives or issues of a controversial nature. The Chief Executive Officer, or approved nominee, may issue media statements, or provide information to the media that relates to the operation of the Town of Cambridge’s services.

The following steps must be followed in the preparation of media statements: 12.1 The Chief Executive Officer, in consultation with the Mayor, will identify the

requirement for the preparation of a media statement for matters relating to Council decisions, initiatives or issues of a controversial nature.

12.2 Matters related to the Council decisions or of a controversial nature are to be

drafted by the Chief Executive Officer and referred to the Mayor for approval and release to the media.

12.3 For operational issues, the initiating Officer is to obtain approval from their

Director for the preparation of a media statement. 12.4 The draft media statement is prepared and sent to Chief Executive Officer for

approval. 12.5 If the media statement is of an operational matter, the Chief Executive Officer

may authorise the statement for issue. 12.6 Media statements are to provide details of persons to contact for more

information. 12.7 Copy of media statements will posted on the Town of Cambridge’s website. 12.8 A register of media statements issued will be maintained. 12.9 Media outlets will be monitored to evaluate coverage of the media release.

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13. Record Keeping and Freedom of Information Official communications undertaken on behalf of the Town of Cambridge, including on

the Mayor and Town’s social media accounts and third party social media accounts, must be created and retained as local government records in accordance with the Town’s Record Keeping Plan and the State Records Act 2000. These records are also subject to the Freedom of Information Act 1992.

14. How Employees can help with Communication with the Media Administration Employees are encouraged to provide information to the Chief Executive

Officer relating to any event, project or activity which is newsworthy – and has the potential to generate positive publicity for the Town of Cambridge.

Employees should send information on potential news stories to their respective

Director for the approval of the Chief Executive Officer as dot points or background information. Information should be provided as early as possible – in the case of known events two weeks' notice is preferable.

The dot points or draft should include: (a) What the project or event is. (b) Who is involved and the people it will affect. (c) When it is happening. (d) Why it is happening. (e) Where it is to take place. (f) Why it’s a good idea. (g) What benefit it will bring to the community. ORIGIN/AUTHORITY Council Meeting – 26 April 2006

DATE AMENDED All policies are reviewed every two years in April. This Policy was amended at the following meetings:- Council Meeting - 25 March 2008 Council Meeting - 27 April 2010 Council Meeting - 22 May 2018 Council Meeting - 24 July 2018 (Deferred) Council Meeting - 28 August 2018

COUNCIL MEETING

28 AUGUST 2018

ATTACHMENT TO ITEM 10.2

ADOPTION OF DRAFT POLICY NO.1.1.13 - PUBLIC QUESTION TIME

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MANAGING PUBLIC QUESTION TIME AT COUNCIL AND COMMITTEE MEETINGS

POLICY NO: 1.1.13 REVIEW DATE: JULY 2018 OBJECTIVE To identify the procedure for the manner in which: 1. Members of the public may submit or ask questions at a Council or Committee

Meetings; and 2. How responses to questions and/or statements will be dealt with. SCOPE This Policy applies to all members of the public taking the opportunity to ask question(s) during Public Question Time at Council or Committee Meetings. DEFINITIONS 'CEO' means the Chief Executive Officer or Acting Chief Executive Officer of the Town of Cambridge; 'Council Meeting' means any Ordinary or Special Council Meeting, including a meeting of a Committee appointed by Council under Section 5.9(2) of the Local Government Act 1995 where that Committee has a delegated power or duty (if any) provided under Section 5.16 of the Local Government Act 1995. 'Elected Member' means a person elected and holding valid office under the Local Government Act 1995 as a member of the Council of the Town of Cambridge. 'Employee' means any person employed as a full time, part time, or casual employee of the Town. 'Member of the Public' means any person other than an Elected Member or Employee of the Town. 'Question taken 'on-notice' ' means that the Presiding Person will seek further information and a written response will be provided by the CEO at a later time to the person asking the question. 'Presiding Person' means the person Chairing the Council or Committee Meeting. REFERENCE DOCUMENTS 1. Local Government Act 1995. 2. Local Government (Administration) Regulations 1996. 3. Town of Cambridge Standing Orders Local Law 2007. 4. Department of Local Government - Operational Guideline 03 - Managing Public

Question Time.

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POLICY STATEMENT 1. Purpose 1.1 The intent of this Policy is to specify the details to satisfy Regulations 5, 6 and 7

of the Local Government (Administration) Regulations 1996, to assist the orderly management and operation of Public Question Time at Council and committee meetings, and to ensure members of the public are provided with a fair, objective and equal opportunity to have their questions dealt with.

1.2 Public Question Time provides: (a) An opportunity for Members of the Public to ask questions pertaining to

the operations of the Town of Cambridge, and receive responses to them.

(b) A means by which Members of the Public can be better informed on matters concerning the Town.

1.3 Public Question Time is available for asking questions only, not for making

statements or long preamble/post script. A short preamble for contextual understanding is acceptable.

2. Length and Frequency of Public Question Time 2.1 Questions may be asked at the commencement of a Council or Committee

Meeting at the appropriate Item titled, "Public Question Time". 2.2 Public Question Time will be held in accordance with the legislated period of not

less than 15 minutes, at the start of the meeting. A maximum of three (3) minutes is allocated to each person to ask up to three (3) questions, including any contextual or opening statement.

3. Protocol before the council Meeting 3.1 Any person who completes and submits a Public Question Time form via the

Town's web site providing it is received no less than 24 hours' notice prior to the relevant Council or Committee Meeting, will have result in their question being considered at that Meeting.

3.2 Any person who has submitted their question in writing via the Town's webpage,

prior to the Council Meeting, will automatically be registered by the Town's officers.

4. Protocol During the Council Meeting The procedure during the Council Meeting will be as follows: 4.1 The Presiding Person will open Public Question Time with a brief statement on

the protocols, which may include the following information:

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(a) the period of time set aside for Public Question Time is a minimum of

15 minutes; (b) the availability of the that written protocols concerning Public Question

Time are available in the Council Chamber; (c) the Council's Policy requires that Members of the Public people will be

called to ask their questions in the order they have registered on the Public Question Time Register (Refer Attachment 1);

(d) any person who has not registered will be given an opportunity to ask a question after those who have previously registered have finished asking their question(s);

(e) the Council Policy 1.1.13 states that each person is allowed a maximum of 3 minutes and allowed up to a maximum of 3 questions; and

(f) the right of any person may, if they have further questions, to return to the end of the queue and thereafter ask their remaining questions;

4.2 Subject to 4.3, when persons are called by the Presiding Person, they are

requested to come forward to the microphone, in the order they have previously registered state their name and address, and read out their question (into the microphone - for recording purposes);

4.3 The person shall state their name and preferably an address and a contact

number or email address ( A person may request that their contact details remain private and confidential if bonafide reasons are provided (eg employment, silent elector, safety and/or security etc). This requirement may be dispensed with at the Presiding Person's discretion;

4.4 Before or during the Council Meeting each person is required to provide a written

form of their question to a Council Employee at the meeting (Refer Attachment 2);

4.5 The Presiding Person determines: (a) if the question is responded to, taken 'on- notice', or not accepted; and (b) who is to respond to the question; 4.6 Any person having used up their allowed number of questions or time may be is

asked by the Presiding Person if they have more questions. If the person indicates they have more questions, then the Presiding Person notes the request and places them at the end of the queue of questioners, and the person must resume their seat in the public gallery;

4.7 The next person on the Registration List is called; 4.8 The original Registration List is worked through called and completed until all

registered persons have completed asking their questions; after that the Presiding Person may call upon any other persons who did not register if they have a question (eg a person may have arrived after the meeting commenced);

4.9 When such people have asked their questions, the Presiding Person may, if time

permits, provide an opportunity for those who have already asked a question to ask any further questions;

4.10 The Presiding Person may declare Public Question Time is closed following the

expiration of the allocated time period, or where there are no further questions to be asked.

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5. Protocol - General 5.1 All questions must relate to the ordinary business of the Town of Cambridge, the

function of Council, or the purpose of the Special Council Meeting, as appropriate. Sub parts of questions will be counted as a question.

5.2 Questions asked at Special Council or Committee Meetings are restricted to

matters relating to the purpose of that Meeting, ie the items listed on the Agenda. 5.3 No debate or discussion is permitted on any question or response. 5.5 Respect must be shown to the Presiding Person, Elected Members, Officers and

all meeting attendees at all times. 6. Presiding Person 6.1. Questions are to be directed to the Presiding Person, who may, at his/her

discretion: (a) Accept or reject the question, and his/her decision is final; (b) Nominate a Member of the Council and/or an Officer to answer the

question; (c) Determine the question to be a question taken 'on notice' Take a question

on notice, in which case the response will be provided in the Minutes of the next Ordinary Council Meeting;

(d) Make a determination where there is concern about a question being offensive, defamatory or the like, in which case the question will not be received or published;

(e) Treat questions as correspondence; (f) May declare public question time closed following the expiration of the

allocated 15 minute time period, or earlier if there are no further questions from persons present at the Council Meeting.

7. Response to Questions 7.1 Where the person asking the question is present at the Council Meeting, where

practicable, responses will be provided at the that Meeting, by the Presiding Person or where appropriate another person nominated by the Presiding Person.

7.2 (a) Where a person submits a question in writing prior to a Council Meeting,

but fails to attend the meeting, the Presiding Person will ask if the person is in attendance at the meeting. If the person is not present, the Presiding Person may rule that the question is not to be put to the meeting and will be treated as an item of 'correspondence', which will be referred to the Town's CEO for a written response, at a time other than at the meeting.

(b) The question will not be read out and a written response by the CEO will

be forwarded to the individual as soon as practicable and will be recorded in the Minutes.

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7.3 Where the information is not available, or the question cannot be readily

answered, the question will be taken as a question taken 'on-notice' and a written response will be forwarded to the person. A copy of the Town's response will be included in the Minutes of the next Ordinary Council Meeting.

7.4 Complex questions requiring research may be taken 'on - notice', and a

response included in the Minutes of the next Council Meeting and a written response to the person asking the question.

8. Legislative Requirements Policy No 1.1.13 - 'Managing Public Question Time at Council and Committee Meetings'

accords with the Department of Local Government Operational Guidelines No 3 (August 2002) -'Managing Public Question Time' and legislative requirements, namely the Local Government (Administration) Regulations 1996, Regulations 5, 6 and 7 of which state:

"5. Question time for public, meetings that require prescribed (Act s. 5.24) For the purposes of section 5.24(1)(b), the meetings at which time is to be allocated for

questions to be raised by members of the public and responded to are — (a) every special meeting of a council; (b) every meeting of a committee to which the local government has delegated a

power or duty. 6. Question time for public, minimum time for (Act s. 5.24(2)) (1) The minimum time to be allocated for the asking of and responding to questions

raised by members of the public at ordinary meetings of councils and meetings referred to in regulation 5 is 15 minutes.

(2) Once all the questions raised by members of the public have been asked and

responded to at a meeting referred to in subregulation (1), nothing in these regulations prevents the unused part of the minimum question time period from being used for other matters.

7. Question time for public, procedure for (Act s. 5.24(2)) (1) Procedures for the asking of and responding to questions raised by members of

the public at a meeting referred to in regulation 6(1) are to be determined — (a) by the person presiding at the meeting; or (b) in the case where the majority of members of the council or committee

present at the meeting disagree with the person presiding, by the majority of those members, having regard to the requirements of subregulations (2), (3) and (5).

(2) The time allocated to the asking of and responding to questions raised by

members of the public at a meeting referred to in regulation 6(1) is to precede the discussion of any matter that requires a decision to be made by the council or the committee, as the case may be.

(3) Each member of the public who wishes to ask a question at a meeting referred

to in regulation 6(1) is to be given an equal and fair opportunity to ask the question and receive a response.

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(4) Nothing in subregulation (3) requires — (a) a council to answer a question that does not relate to a matter affecting

the local government; or (b) a council at a special meeting to answer a question that does not relate to

the purpose of the meeting; or (c) a committee to answer a question that does not relate to a function of the

committee. (5) If, during the time allocated for questions to be raised by members of the public

and responded to, a question relating to a matter in which a relevant person has an interest, as referred to in section 5.60, is directed to the relevant person, the relevant person is to —

(a) declare that he or she has an interest in the matter; and (b) allow another person to respond to the question." ORIGIN / AUTHORITY DATE AMENDED Council Meeting - 24 July 2018 All policies are reviewed every two years in April. This

policy was amended at the following meetings:- Council Meeting - 28 August 2018

Attachment 1

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Public Question Time Register

Ordinary Council Meeting of 28 August 2018 Public Question Time is conducted in accordance with:

Local Government Act 1995; Local Government (Administration) Regulations 1996; Local Government Operational Guideline Number 03 – Managing Public Question Time; Town of Cambridge Standing Orders Local Law 2007; Policy 1.1.13 - Public Question Time

Order Received Name Address Written Questions

Received Subject

1 Yes No

2 Yes No

3 Yes No

4 Yes No

5 Yes No

6 Yes No

7 Yes No

8 Yes No

9 Yes No

10 Yes No

11 Yes No

12 Yes No

13 Yes No

14 Yes No

15 Yes No

16 Yes No

Attachment 2

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Public Question Time No: _____

Meeting: Name:

Address:

Public Question Time is conducted in accordance with: Local Government Act 1995; Local Government (Administration) Regulations 1996; Local Government Operational

Guideline Number 03 – Managing Public Question Time; Town of Cambridge Standing Orders Local Law 2007; Policy 1.1.13 - Public Question Time

Questions(s): .................................................................................................................................................................................................................................................................... .............................................................................................................................................................................................................................................................................................................. .............................................................................................................................................................................................................................................................................................................. 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Attachment 2

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Standing Orders Local Law 2007 3.4 Public Question Time (1) Public Question Time shall be conducted in accordance with the provision of the Act and Regulations. (2) Any member of the public, other than a Member, may during Public Question Time ask a question at an

Ordinary meeting of the Council. (3) The procedure for the asking of any responding to questions raised by members of the public is to be

determined by the Presiding Member. (4) Questions may be answered by the Presiding Member or a Member or Officer nominated by the

Presiding Member. (5) The Presiding Member may determine that any complex question requiring research be answered in

writing. (6) The Presiding Member may reject any question that reflects adversely upon the character and actions or

may be deemed to be offensive towards any Member or Officer of the Council. (7) No discussion or further question is to be allowed on any question or the answer thereto, unless with the

consent of the Presiding Member." Local Government Act 1995 5.24. Question time for public (1) Time is to be allocated for questions to be raised by members of the public and responded to at — (a) every ordinary meeting of a council; and (b) such other meetings of councils or committees as may be prescribed. (2) Procedures and the minimum time to be allocated for the asking of and responding to questions raised

by members of the public at council or committee meetings are to be in accordance with regulations. Local Government (Administration) Regulations 1996 5. Question time for public, meetings that require prescribed (Act s. 5.24) For the purposes of section 5.24(1)(b), the meetings at which time is to be allocated for questions to be raised by

members of the public and responded to are — (a) every special meeting of a council; (b) every meeting of a committee to which the local government has delegated a power or duty. 6. Question time for public, minimum time for (Act s. 5.24(2)) (1) The minimum time to be allocated for the asking of and responding to questions raised by members of

the public at ordinary meetings of councils and meetings referred to in regulation 5 is 15 minutes. (2) Once all the questions raised by members of the public have been asked and responded to at a meeting

referred to in subregulation (1), nothing in these regulations prevents the unused part of the minimum question time period from being used for other matters.

7. Question time for public, procedure for (Act s. 5.24(2)) (1) Procedures for the asking of and responding to questions raised by members of the public at a meeting

referred to in regulation 6(1) are to be determined — (a) by the person presiding at the meeting; or (b) in the case where the majority of members of the council or committee present at the meeting

disagree with the person presiding, by the majority of those members, having regard to the requirements of subregulations (2), (3) and (5). (2) The time allocated to the asking of and responding to questions raised by members of the public at a

meeting referred to in regulation 6(1) is to precede the discussion of any matter that requires a decision to be made by the council or the committee, as the case may be.

(3) Each member of the public who wishes to ask a question at a meeting referred to in regulation 6(1) is to be given an equal and fair opportunity to ask the question and receive a response.

(4) Nothing in subregulation (3) requires — (a) a council to answer a question that does not relate to a matter affecting the local government; or (b) a council at a special meeting to answer a question that does not relate to the purpose of the meeting; or (c) a committee to answer a question that does not relate to a function of the committee. (5) If, during the time allocated for questions to be raised by members of the public and responded to, a

question relating to a matter in which a relevant person has an interest, as referred to in section 5.60, is directed to the relevant person, the relevant person is to —

(a) declare that he or she has an interest in the matter; and (b) allow another person to respond to the question. Local Government Operational Guideline No 3 – Managing Public Question Time This Guidelines states that: - The Regulations prescribe a minimum of 15 minutes at the start of the meeting (prior to any discussions requiring

a decision). - Councils are reminded that under the Regulations they do not have to wait 15 minutes to close public question

time if there are insufficient questions to occupy question time.

COUNCIL MEETING

28 AUGUST 2018

ATTACHMENT TO ITEM 10.3

WARDS AND BOUNDARIES - STATUTORY REVIEW

REVIEW OF

WARDS AND REPRESENTATION

DISCUSSION PAPER

Page 3 of 16

Town of Cambridge Review of Wards and

Representation, August 2018

Contents 1. INTRODUCTION ............................................................................................................ 4

2. FACTORS TO BE CONSIDERED .................................................................................. 5

(a) Communities of Interest ........................................................................................... 5

(b) Physical and topographic features ........................................................................... 5

(c) Demographic trends ................................................................................................ 5

(d) Economic factors ..................................................................................................... 5

(e) Ratio of Councillors to Electors in the various wards ................................................ 5

3. REVIEW PROCESS ....................................................................................................... 6

Ward System .................................................................................................................. 6

Review Process .............................................................................................................. 6

4. PREVIOUS REVIEW ...................................................................................................... 7

5. OPTIONS TO CONSIDER .............................................................................................. 8

Option 1 – Maintain Current Ward Boundaries ............................................................... 8

Option 2 – Create three wards each represented by three Councillors ........................... 8

Option 3 - Create four wards each represented by two Councillors .......................... 10

Option 4 – No wards ..................................................................................................... 10

6. PUBLIC CONSULTATION AND SUBMISSIONS .......................................................... 12

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1. INTRODUCTION Schedule 2.2 of the Local Government Act 1995 (“the Act”) requires the Council to undertake a review of all aspects of its composition and the division (or potential division) of the Town into wards, at least once in every eight years. The Town last completed a representation review in April 2011, and another review is required to be undertaken so as to ensure ongoing fair and equitable representation of all electors. The key issues that need to be addressed during the review include:- • the division of the Town into wards, or not; • elector ratio, this being the number of electors who (in the opinion of Council) can

be adequately and fairly represented by a councillor (which ultimately determines the total number of Councillors);

• ward representation (i.e. single, dual and/or multi councillor wards, or combinations thereof or abolishing the current wards); and

• the identification of any proposed wards. This report has been prepared in accordance with the requirements of Schedule 2.2 of the Act. It:- • provides information on the previous public consultation undertaken by the Council; • sets out a number of options that the Council determines should be reviewed; and • presents an analysis of how a Council’s options relate to the relevant provisions

and principles of the Act. The purpose of the review is to evaluate the current arrangements and consider other options to find the system of representation that best reflects the characteristics of the district and its people. Any of the following may be considered: • creating new wards in a district already divided into wards; • changing the boundaries of a ward; • abolishing any or all of the wards into which a district is divided; • changing the name of a district or a ward; • changing the number of offices of councillor on a council; and • specifying or changing the number of offices of councillor for a ward. A local government may also carry out a review when it has received a valid submission from 250 or 10% of the total number of affected electors who petition for a change to the ward system. Before conducting the review, local public notice must be given that a review is to be carried out and inviting submissions from any interested parties. A range of alternatives to the current ward system can be developed so that all options can be considered. Whilst Council may have a preferred option, the public notice must not limit the possible responses and suggestions from the community.

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2. FACTORS TO BE CONSIDERED All options must be assessed against the following factors: • communities of interest; • physical and topographical features; • demographic trends; • economic factors; and • the ratio of Elected Members to electors in the various wards. The Local Government Advisory Board offers the following interpretation of these factors.- (a) Communities of Interest

The term “communities of interest” has a number of elements. These include:

• a sense of community identity and belonging; • similarities in the characteristics of the residents of a community; and • similarities in the economic activities.

It can also include dependence on the shared facilities in an area as reflected in catchment areas of local schools and sporting teams, or the circulation of local newspapers. Neighbourhoods and suburbs are important units in the physical, historical and social infrastructure and often generate a feeling of community and belonging.

(b) Physical and topographic features

These may be natural or artificial (man-made) features that will vary from area to area. For example, water features such as rivers and catchment boundaries may be relevant considerations. Beach suburbs, coastal plain and foothills regions, parks and reserves may be relevant as may other man-made features such as; railway, lines, freeways or major roads.

(c) Demographic trends Several measurements of the characteristics of human populations, such as population size, and its distribution by age, sex, occupation and location provide important demographic information. Current and projected population characteristics will be relevant as well as similarities and differences between areas within the local government.

(d) Economic factors Economic factors can be broadly interpreted to include any factor that reflects the character of economic activities and resources in the area. This may include the industries that occur in a local government area (or the release of land for these) and the distribution of community assets and infrastructure such as road networks.

(e) Ratio of Councillors to Electors in the various wards

It is expected that each local government will have similar ratios of Electors to Councillors across the Wards of its district.

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3. REVIEW PROCESS Ward System Many local governments have a ward system and find that it works well for them. The advantages of a ward system may include: • Different sectors of the community can be represented ensuring a good spread of

representation and interests amongst elected members.

• There is more opportunity for elected members to have a greater knowledge and interest in the issues in the ward.

• It may be easier for a candidate to be elected if they only need to canvass one ward.

The disadvantages of a ward system may include: • Elected members can become too focused on their wards and less focused on the

affairs of other wards and the whole local government.

• An unhealthy competition for resources can develop where electors in each ward come to expect the services and facilities provided in other wards, whether they are appropriate or not.

• The community and elected members can tend to regard the local government in terms of wards rather than as a whole community.

• Ward boundaries may appear to be placed arbitrarily and may not reflect the social interaction and communities of interest of the community.

• Balanced representation across the local government may be difficult to achieve, particularly if a local government has highly populated urban areas and sparsely populated rural areas.

Review Process The review process therefore involves a number of steps:- • Council resolves to undertake the review; • 42 day public submission period opens; • information provided to the community for discussion; • public submission period closes; • Council considers all submissions and relevant factors and makes a decision; • Council submits a report to the Local Government Advisory Board (the Board) for

its consideration; and • (if a change is proposed) The Board submits a recommendation to the Minister for

Local Government and Regional Development.

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4. PREVIOUS REVIEW 2011 Review The last review, conducted in 2011, made minor amendments to the Ward boundary in central Floreat to effectively contain all the Town's unimproved-value rated properties in the Endowment Lands area within the Coast ward. The change resulted in approximately 400 electors moving from the Wembley ward to the Coast ward and approximately 200 moving from Coast to Wembley. The boundary between the two wards presently runs from the northern end of Selby Street southwards to Newry Street, then westwards to Cale Lane, then southwards, across Salvado Road and along the rear of properties facing Grovedale Road, down Blakemore Lane and along the rear of properties facing Grovedale Road to finish on the southern side of Alderbury Street. A copy of the current Ward division map is attached at appendix 1. Current Situation Currently, the Town of Cambridge has an independently elected Mayor and eight Councillors elected to represent two wards as follows:-

Ward No of Electors (October 2009)

No of Councillors Councillor/Elector Ratio

Coast 9,400 4 1 : 2,350 Wembley 9,435 4 1 : 2,359 Total 18,835 8 1 : 2,354

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5. OPTIONS TO CONSIDER The following four options are proposed for consideration. As a result of the public submission period, members of the community may suggest others:- Option 1 – Maintain Current Ward Boundaries Communities of Interest Existing ward boundaries do not reflect any particular community of interest. The Coast Ward contains all of City Beach and the Wembley Ward contains all of Wembley and West Leederville. The locality of Floreat is split between the two wards. The Coast ward does, however, contain all the unimproved-value rated properties in the Town within the Endowment Lands Area. Physical and Topographic Features Current ward boundaries do not reflect any physical or topographic features. Demographic Trends Ward boundaries do not reflect any demographic trends. Economic Factors Ward boundaries do not reflect economic activities other than the rating provisions as required by the Endowment Lands Act. Ratio of Councillors to Electors The current situation provides for a very equitable split. Representation ratios between the two wards are very similar. Option 2 – Create three wards each represented by three Councillors This option would provide for a lower ratio of Councillors to Electors by providing an additional Councillor. The division would also reflect the western, central and eastern areas of the Town but would cause the locality of Wembley to be divided between the central and eastern wards along Jersey Street. The division between the wards to keep the Councillor/Elector ratio consistent could be as follows:- Coast Ward: Areas west of an artificial line approximately

north/south along Empire Avenue/Ulster Road/Alderbury Street and including all of the Town’s Mount Claremont properties.

Central or Floreat Ward: Area between the new Coast Ward to the west and extending eastwards to and including Jersey Street.

Wembley/West Leederville Ward: Area eastwards from Jersey Street. A copy of the option 2 Ward division map is attached at appendix 2.

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Communities of Interest This proposal aligns ward boundaries more closely with locality boundaries. However, Wembley will be artificially divided between two wards at Jersey Street. Physical and Topographic Features There are no physical and topographic features reflected in this option. Demographic Trends Ward boundaries do not reflect any demographic trend. Economic Factors Ward boundaries do not reflect economic activities. Ratio of Councillors to Electors

Ward Approx no of Electors

No of Councillors

Councillor/Elector Ratio

Coast 6,594 3 1 : 2,198 Central/Floreat 5,869 3 1 : 1,956 Wembley/West Leederville 6,372 3 1 : 2,124 Total 18,835 9 1 : 2,093

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Option 3 - Create four wards each represented by two Councillors This option was the most difficult to derive due to the requirement that the Councillor/Elector ratio be similar across each ward. It is not considered desirable to “rat-run” ward boundaries in a zigzag fashion or amalgamate disparate areas into the one ward to equalise numbers. The most equitable and logical manner in which to achieve division into four wards was to split the Town along both a north/south and an east/west axis. This was achieved by creating an east/west boundary running from the coast along The Boulevard/Bournville Street/Ruislip Street and northwards at Kimberley Street. The north/south boundary would be Selby Street. A copy of the option 3 Ward division map is attached at appendix 3 Communities of Interest The proposed boundaries do not reflect any particular community of interest. Physical and Topographic Features Ward boundaries do not reflect any physical or topographic features. Demographic Trends Ward boundaries do not reflect any demographic trends. Economic Factors Ward boundaries do not reflect economic activity. Ratio of Councillors to Electors

Ward Approx no of Electors

No of Councillors

Councillor/Elector Ratio

Coast North 4,607 2 1 : 2,303 Coast South 5,793 2 1 : 2,397 Wembley North 4,022 2 1 : 2,011 Wembley South 4,413 2 1 : 2,206 Total 18,835 8 1 : 2,354

Option 4 – No wards A fourth option included for consideration is to delete ward boundaries altogether. As can be seen from all the previous options, there are no distinctive communities of interest, physical, topographical or economic factors dividing the Town. The main existing differentiation between wards is an administrative one, the method used for rating purposes, with the Endowment Lands Act area located wholly within the Coast ward and set apart from the remainder of the Town.

Town No of Electors (October 2009)

No of Councillors Councillor/Elector Ratio

Total 18,835 8 1 : 2,159

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A copy of the no Ward division map is attached at appendix 4. Future Considerations Developments which may impact on any future ward boundary reviews will include population changes associated with the Ocean Mia and Perry Lakes subdivisions in the current Coast ward and any residential development associated with the West Leederville Activity Centre and at the former Nursery site in Salvado Road, Jolimont, which are situated in the current Wembley ward. The impact of these population variations can be addressed at that time. It is noted that as a result of the introduction of the Perry Lakes Redevelopment Act 2005, all future properties located within the new Perry Lakes subdivision will be in the Coast ward but will be the only properties in that ward subject to the GRV rather than UV rating system. Any decision to change the current ward structure of the Town, should it be approved by the Local Government Advisory Board, will not become effective until the 2013 local government elections. Preferred Council Option At its meeting held on 28 August 2018, the Council considered the options as presented and decided that its preferred option to be recommended for public consideration is that the existing structure of two wards, Wembley and Coast, each represented by four Councillors, be retained (Option 1).

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6. PUBLIC CONSULTATION AND SUBMISSIONS Interested persons are invited to make a written submission about any aspect of ward boundaries and representation and may submit:-: Online: feedback form www.cambridge.wa.gov.au/wardreview Email: mail@cambridge.wa.gov.au Fax: (08) 9347 6060 Post: Town of Cambridge 1 Bold Park Drive FLOREAT WA 6014 by 5.00pm on Monday xx October 2018. Further information can be obtained from the Coordinator, Governance, Mrs Lee Gyomorei on telephone: (08) 9285 3109 or email mail@cambridge.wa.gov.au Thank you for your interest and involvement in this review. The Council welcomes your comments on any matters that may assist it to make informed and responsible decisions for the benefit of the people of the Town of Cambridge.

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Option 1: Existing Boundary / Current Wards Two Wards each represented by four Councillors

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Option 2 Create three Wards each represented by three Councillors

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Option 3: Create four Wards each represented by two Councillors

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Option 4: No Wards Eight Councillors each representing the whole Town.

COUNCIL MEETING

28 AUGUST 2018

ATTACHMENT 1 OF 2 TO ITEM 10.4

TOWN OF CAMBRIDGE CODE OF CONDUCT - REVIEW AND ADOPTION

Draft as at 23 August 2018

CODE OF CONDUCT

FOR

COUNCIL MEMBERS, COMMITTEE MEMBERS, AND EMPLOYEES STAFF AND CONTRACTORS

Adopted at Council meeting held on 28 August 2018.

Date of Council Adoption: 28 August 2008 Date Reviewed / Amended 23 August 2018

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CONTENTS 1. INTRODUCTION: PREAMBLE.............................................................................................. 1

2. STATUTORY ENVIRONMENT ............................................................................................. 2

2.1 RULES OF CONDUCT .................................................................................................. 2 2.2 REVIEW: ................................................................................................................. 2 2.3 DEFINITIONS: ........................................................................................................... 2

3. VALUES, PRINCIPLES AND BEHAVIOUR .................................................................................. 4

3.1 ORGANISATIONAL VALUES .......................................................................................... 4 3.2 PRINCIPLES .............................................................................................................. 4

4. ROLES .................................................................................................................................. 5

4.1 ROLE OF COUNCIL MEMBER ........................................................................................ 5 4.2 ROLE OF EMPLOYEES STAFF ......................................................................................... 6 4.3 ROLE OF COUNCIL ..................................................................................................... 6 4.4 RELATIONSHIPS BETWEEN COUNCIL MEMBERS AND EMPLOYEES STAFF .................................. 6 4.5 APPOINTMENTS TO COMMITTEES ................................................................................. 7

5. PROFESSIONAL CONDUCT ..................................................................................................... 9

5.1 FRAUDULENT AND CORRUPT CONDUCT .......................................................................... 9 5.2 PERFORMANCE OF DUTIES .......................................................................................... 9

6. CONFLICT AND DISCLOSURE OF INTEREST ........................................................................... 10

6.1 GUIDING PRINCIPLES ............................................................................................... 10 6.2 CONFLICT OF INTEREST ............................................................................................. 10 6.3 FINANCIAL INTEREST ................................................................................................ 10 6.4 IMPARTIALITY INTERESTS FOR EMPLOYEES ..................................................................... 11 6.6 DISCLOSURE OF INTEREST .......................................................................................... 13

7. PERSONAL BENEFIT ............................................................................................................ 15

7.1 USE OF CONFIDENTIAL INFORMATION .......................................................................... 15 7.2 INTELLECTUAL PROPERTY .......................................................................................... 15 7.3 IMPROPER OR UNDUE INFLUENCE ............................................................................... 15

8. DECLARATION OF GIFTS ...................................................................................................... 16

8.1 GIFTS FROM PERSONS HAVING DEALINGS WITH THE TOWN ............................................... 16 8.2 NOTIFIABLE GIFTS ................................................................................................... 17 8.3 PROHIBITED GIFTS FOR EMPLOYEES ............................................................................. 19 8.4 REGISTER OF NOTIFIABLE GIFTS AND PROHIBITED GIFTS ................................................... 19

9. DECLARATION OF OTHER GIFTS AND CONTRIBUTIONS TO TRAVEL: COUNCIL MEMBERS AND DESIGNATED EMPLOYEES ............................................................................................... 21

9.1 GIFTS AND CONTRIBUTIONS TO TRAVEL ........................................................................ 21

10. CONDUCT OF COUNCIL MEMBERS, COMMITTEE MEMBERS AND EMPLOYEES ...................... 26

10.1 PERSONAL BEHAVIOUR ............................................................................................ 26 10.2 BEHAVIOUR AT COUNCIL AND COMMITTEE MEETINGS ..................................................... 26 10.3 HARASSMENT ........................................................................................................ 26 10.4 HONESTY AND INTEGRITY .......................................................................................... 27 10.5 NO ADVERSE REFLECTION ON COUNCIL DECISION ........................................................... 27 10.6 PERFORMANCE OF DUTIES ........................................................................................ 27 10.7 COMPLIANCE WITH LAWFUL ORDERS ........................................................................... 27 10.8 ADMINISTRATIVE AND MANAGEMENT PRACTICES ........................................................... 27 10.9 CORPORATE OBLIGATIONS ........................................................................................ 27

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10.10 ALCOHOL AND DRUGS .............................................................................................. 28

11. INFORMATION AND COMMUNICATION .............................................................................. 29

11.1 ACCESS TO INFORMATION ........................................................................................ 29 11.2 ACCESS TO INFORMATION – PERSONAL INTEREST ........................................................... 29 11.3 IMPROPER USE OF INFORMATION ............................................................................... 29 11.4 CONFIDENTIAL INFORMATION .................................................................................... 29 11.5 COMMUNICATION AND PUBLIC RELATIONS ................................................................... 30 11.6 EXPRESSION OF PERSONAL VIEWS ............................................................................... 31 11.7 SOCIAL MEDIA ....................................................................................................... 31 11.8 LOBBYING ............................................................................................................. 32 11.9 INAPPROPRIATE LOBBYING ........................................................................................ 32 11.10 CONTACT WITH DEVELOPERS ..................................................................................... 33

12. DEALING WITH COUNCIL PROPERTY .................................................................................... 34

12.1 USE OF LOCAL GOVERNMENT RESOURCES ..................................................................... 34 12.2 TRAVELLING AND SUSTENANCE EXPENSES ..................................................................... 34

13. BREACHING THE THIS CODE ............................................................................................ 35

13.1 BREACHES OF THE CODE BY EMPLOYEES OR CONTRACTORS ............................................... 35 13.2 BREACHES OF THE THIS CODE BY COUNCIL MEMBERS AND COMMITTEE MEMBERS ................. 35 13.54 PUBLIC INTEREST DISCLOSURE ACT 2003 ...................................................................... 36 13.45 PROTECTION OF PERSONS REPORTING UNACCEPTABLE OR ILLEGAL BEHAVIOUR ..................... 37 13.6 WHISTLE BLOWER PROTECTION ................................................................................. 37

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1. INTRODUCTION: PREAMBLE The Council of the Town of Cambridge is the elected body responsible for the administration of the Town in the best interests of its ratepayers and residents. The Council is committed to providing open, responsive and accountable government. Section 103 of the Local Government Act 1995 requires every Western Australian Local Government to prepare and adopt a Code of Conduct to be observed by Council Members, Committee Members and Employees. The Model Code of Conduct provides Council Members, Committee Members, Employees and Contractors and staff in the Town of Cambridge local government with consistent guidelines for an acceptable standard of professional conduct and behaviour in carrying out their functions and responsibilities. The Code addresses, in a concise manner, the broader issue of ethical responsibility and encourages greater transparency and accountability in individual Local Governments. The Code of Conduct is complementary to the principles adopted in the Local Government Act 1995 and Regulations which incorporates four fundamental aims to result in:- better decision-making by local governments; greater community participation in the decisions and affairs of local governments; greater accountability of local governments to their communities; and more efficient and effective local government. The Code provides a guide and a basis of expectations for Council Members, Committee Members and Employees. It encourages a commitment to ethical and professional behaviour and outlines principles in which individual and collective Town of Cambridge Local Government responsibilities may be based. The Code should be read in conjunction with the Local Government Act 1995, the Local Government (Rules of Conduct) Regulations 2007, and other legislation that affect Council Members, Committee Members and Employees, and the Code does not override or affect those provisions or requirements. The Code applies to all Town of Cambridge Council Members, Committee Members, Employees and Contractors at the Town.

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2. STATUTORY ENVIRONMENT The Town of Cambridge Model Code of Conduct observes statutory requirements of the Local Government Act 1995 (Section 5.103 – Codes of Conduct), Local Government (Rules of Conduct) Regulations 2007 and Local Government (Administration) Regulations 1996. (Regs 34B and 34C). 2.1 Rules of Conduct Council Members acknowledge their activities, behaviour and statutory compliance obligations may be scrutinised in accordance with prescribed Rules of Conduct as described in the Local Government Act 1995 and Local Government (Rules of Conduct) Regulations 2007. The local community and the public in general is entitled to expect that: The business of the Town will be conducted with efficiency, impartiality and integrity; Council Members and Employees will obey the spirit and the letter of the law and, in

particular, the provisions of all relevant State and Federal legislation, local laws, regulations and instruments;

Duty to the public will always be given absolute priority over the private interests of Council Members and Employees;

The business of the Council will be conducted in a spirit of good will and co-operation, with the individual rights and integrity of all Council Members being respected.

The Code outlines those responsibilities and behaviours that need to be observed to retain the good faith and trust of all parties involved. It does not override or affect the legislation applicable to Local Government. It provides a guide and a basis of expectations for Council Members, Committee Members and Employees, and encourages a commitment to ethical, professional and cooperative behaviour. 2.2 Review: In order to ensure that the Code of Conduct remains current and relevant, it will be reviewed and presented to Council for re-adoption no more than three months after each Ordinary Council Election. 2.3 Definitions: In this Code, unless the contrary appears:

‘Act’ means the Local Government Act 1995. ‘Code’ means the this Town of Cambridge Code of Conduct adopted by the Council. ‘Breach’ means a breach of the Code. ‘CEO’ means the Chief Executive Officer of the Town. ‘Committee’ means a Committee established by the Council under Section 5.8 of the Local Government Act 1995. ‘Contractor’ means a person engaged by the Town of Cambridge.

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‘Confidential document’ means a document either: (a) Marked by the CEO Chief Executive Officer to clearly show the information in

the document is not to be disclosed; (b) Provided at a meeting closed to the public; or (c) Designated confidential by resolution of Council or Committee. “Council” means the Council of the Town of Cambridge. “Council Member” means a person who holds the office of Mayor or Councillor has the same meaning as 'Member' under the Local Government Act 1995. “Employee” means a person employed by the Town. "Designated Employee" has the same meaning as set out in Section 5.74 of the Local Government Act 1995. “Social media” includes: social networking sites, video and photo sharing sites, blogs, microblogs, wikis, online collaboration forums, instant messaging, geo-spatial tagging. ‘Town’ means the Town of Cambridge. ‘Regulation’ means the Local Government (Rules of Conduct) Regulations 2007. Words prescribed in the Act and Regulations are applicable in this Code of Conduct.

Statutory References: Criminal Code Act Compilation Act 1913 Corruption, Crime and Misconduct Act 2003. Equal Opportunity Act 1984. Freedom of Information Act 1992. Local Government Act 1995. Local Government (Administration) Regulations 1996. Local Government (Financial Management) Regulations 1996. Local Government (Rules of Conduct) Regulations 2007. Occupational Safety and Health Act 1984. Public Interest Disclosure Act 2003. Public Sector Management Act 1994. Public Service Act 1999 (Commonwealth). Sex Discrimination Act 1984.

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3. VALUES, PRINCIPLES AND BEHAVIOUR 3.1 Organisational Values The organisational values and culture are an important part of working at the Town. of Cambridge Council Members, Committee Members, Employees and Contractors are expected to work within Town's of Cambridge values and display the following behaviours: Friendly and Helpful: We value our community members and will assist them in the best way we can. Teamwork: We believe teamwork is essential for improving our services and achieving our goals. Creativity: We can improve the way we do business by challenging the status quo. Integrity: We will act responsibly, place trust in each other, and will be accountable for our

actions. 3.2 Principles For the purposes of the Code, the following principles, as set out in the Local Government (Rules of Conduct) Regulations 2007, are a guide to the conduct and behaviour expected from as a Council Member, Committee Member, Employee or Contractor: (a) Act with reasonable care and diligence; (b) Act with honesty and integrity; (c) Act lawfully; (d) Avoid damage to the reputation of the Town local government; (e) Be open and accountable to the public; (f) Ensure they are as informed as possible about matters relating to their role; (g) Base decisions on relevant and factually correct information; (h) Treat others with respect and fairness; and (i) Not be impaired by mind affecting substances. Council Members, Committee Members, Employees and Contractors must avoid conduct and behaviour that: (a) Contravenes the Local Government Act 1995 and the Town’s relevant administrative

requirements; (b) Is improper or unethical; (c) Is an abuse of power or otherwise amounts to misconduct; (d) Causes, comprises or involves intimidation, harassment or verbal abuse; (e) Causes, comprises or involves discrimination or adverse treatment in relation to

employment; and (f) Causes, comprises or involves prejudice in the provision of a service to the

community.

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4. ROLES 4.1 Role of Council Member The primary role of a Council Member is to represent the community, and to enable the effective translation of the community’s needs and aspirations into a direction and future for the Local Government will be the focus of the Council Member’s public life. The role of Council Members, as set out in Sections 2.8 and 2.10 of the Local Government Act 1995, and relevantly provides: follows:-

"2.8 Role of mayor or president (1) The mayor or president - (a) presides at meetings in accordance with this Act; and (b) provides leadership and guidance to the community in the

district; and (c) carries out civic and ceremonial duties on behalf of the local

government; and (d) speaks on behalf of the local government; and (e) performs such other functions as are given to the mayor or

president by this Act or any other written law; and (f) liaises with the CEO on the local government's affairs and the

performance of its functions. (2) Section 2.10 applies to a councillor who is also the mayor or president

and extends to a mayor or president who is not a councillor." "2.10 Role of councillors A Councillor:- (a) represents the interests of electors, ratepayers and residents of the

district; (b) provides leadership and guidance to the community in the district; (c) facilitates communication between the community and the council; (d) participates in the local government’s decision-making processes at

council and committee meetings; and (e) performs such other functions as are given to a Councillor by this Act or

any other written law.” A Council Member is part of the team in which the community has placed its trust to make decisions on its behalf, and the community is therefore entitled to expect high standards of conduct from Council Members its elected representatives. In fulfilling the various roles, Council Members' activities will focus on:- achieving a balance in the diversity of community views to develop an overall strategy

for the future of the community; achieving sound financial management and accountability in relation to the Town's

Local Government’s finances; ensuring that appropriate mechanisms are in place to deal with the prompt handling of

residents’ concerns; working with other governments and organisations to achieve benefits for the

community at both a local and regional level; having an awareness of the statutory obligations imposed on Council Members, the

Town and on local governments more generally.

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In carrying out its functions the Town a Local Government is to use its best endeavours to meet the needs of current and future generations through an integration of environmental protection, social advancement and economic prosperity. 4.2 Role of Employees Staff The role of Employees and Contractors is determined by the functions of the Chief Executive Officer, as set out in Section 5.41 of the Local Government Act 1995:-

“The Chief Executive Officer’s functions are to:- (a) advise the council in relation to the functions of a local government under this

Act and other written laws; (b) ensure that advice and information is available to the council so that informed

decisions can be made; (c) cause council decisions to be implemented; (d) manage the day to day operations of the local government; (e) liaise with the mayor or president on the local government’s affairs and the

performance of the local government’s functions; (f) speak on behalf of the local government if the mayor or president agrees; (g) be responsible for the employment, management, supervision, direction and

dismissal of other Employees (subject to S 5.37(2) in relation to senior Employees);

(h) ensure that records and documents of the local government are properly kept for the purposes of this Act and any other written law; and

(i) perform any other function specified or delegated by the local government or imposed under this Act or any other written law as a function to be performed by the Chief Executive Officer.”

4.3 Role of Council The Role of the Council is provided in accordance with Section 2.7 of the Local Government Act 1995:-

“(1) The council — (a) directs and controls the local government’s affairs; and (b) is responsible for the performance of the local government’s functions. (2) Without limiting subsection (1), the council is to:- (a) oversee the allocation of the local government’s finances and resources;

and (b) determine the local government’s policies.”

4.4 Relationships between Council Members and Employees Staff An effective Councillor will work as part of the Council team with the Chief Executive Officer and other Employees and Contractors staff. That teamwork will only occur if Council Members and Employees staff have a mutual respect and co-operate with each other to achieve the Council’s corporate goals and implement the Council’s strategies. To achieve that position, Council Members need to observe their statutory obligations, which include, but are not limited to, the following:-

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(a) accept that their role is a leadership, not a management or administrative, one; (b) acknowledge that they have no capacity to individually direct members of Employees

staff to carry out particular functions; (c) refrain from directing, or attempting to direct, Employees and Contractors; (e d) refrain from publicly criticising the CEO, Employees or Contractors staff in a way that

casts aspersions on their professional competence and credibility; and (d e) ensure that no restriction or undue influence is placed on the ability of Employees or

Contractors to give professional advice. 4.5 Appointments to Committees As part of their representative role, Council Members, Committee Members and Employees staff are often asked to represent the Council on external organisations. It is important that Council Members, Committee Members, and Employees and Contractors (if applicable):- (a) clearly understand the basis of their appointment; and (b) if appropriate, provide reports on the activities of the external organisation; and (c) represent the Town’s interests on all matters relating to that external organisation

while maintaining any the confidentiality requirements of the Town. Regulations 9 and 10 of the Local Government (Rules of Conduct) Regulations 2007 apply to Council Members in respect of involvement in the Town's administration and relationships with Employees:

“9. Prohibition Against Involvement in Administration (1) A person who is a Council Member must not undertake a task that contributes to the

administration of the local government unless authorised by the council or by the Chief Executive Officer to undertake that task.

(2) Subregulation (1) does not apply to anything that a Council Member does as part of

the deliberations at a council or committee meeting.” “10. Relations with Local Government Employees (1) A person who is a Council Member must not — (a) direct or attempt to direct a person who is a local government Employee to do

or not to do anything in the person’s capacity as a local government Employee; or

(b) attempt to influence, by means of a threat or the promise of a reward, the

conduct of a person who is a local government Employee in the person’s capacity as a local government Employee.

(2) Subregulation (1) does not apply to anything that a Council Member does as part of

the deliberations at a council or committee meeting. (3) If a person, in his or her capacity as a Council Member, is attending a Council

Meeting, Committee Meeting or other organised event and members of the public are present, the person must not, either orally, in writing or by any other means —

(a) make a statement that a local government Employee is incompetent or

dishonest; or (b) use offensive or objectionable expressions in reference to a local government

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Employee. (4) Subregulation (3)(a) does not apply to conduct that is unlawful under The Criminal

Code, Chapter XXXV.”

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5. PROFESSIONAL CONDUCT As Council Members, Committee Members, and Employees, and Contractors, high standards of professional conduct ensure that a positive image of the Town is conveyed when the Town interacts with its stakeholders and the community. The conduct displayed should encourage fair, equitable and lawful operation of the Town. 5.1 Fraudulent and Corrupt Conduct Fraud is a dishonest activity that causes actual or potential financial loss to any person or the Town, or results in a personal benefit, by deception or other means. Corrupt conduct is behaviour that lacks virtue or integrity, including when a Council Member, Committee Member, or Employee or Contractor uses or attempts to use their position for personal advantage. The Criminal Code makes it illegal for a public officer (including an Employee, Contractor, Council Member or Committee Member) to engage in fraud and/or corruption. 5.2 Performance of Duties Council Members, Committee Members, and Employees and Contractors have a legal duty of fidelity to act in the best interests of the Town. While on duty, Employees and Contractors must give their time and attention to the Town’s business, and ensure that their work is carried out efficiently and effectively, so that their standard of work reflects favourably both on them and on the Town. Council Members, Committee Members, Employees and Contractors must exercise reasonable care and diligence in the performance of their duties, being consistent in their decision-making and treating all matters on individual merits. Council Members and Committee Members will ensure they are be as informed as possible to enable them to perform their role including attendance at meetings, briefings and workshops, and the CEO, Employees and Contractors must furnish Council Members with all information required for them to perform these duties.

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6. CONFLICT AND DISCLOSURE OF INTEREST 6.1 Guiding Principles The nature of the Town's business is conducive to conflicts of interests arising between a Council Member, Committee Member, and Employee’s and Contractor's personal interests and the performance of their public or professional duties. Genuine or perceived conflicts of interests may arise from a number of sources, including friends, relatives, close associates, financial investments, past employment and the like. 6.2 Conflict of Interest (a) Council Members, Committee Members, and Employees and Contractors will ensure

that there is no conflict of interest between their personal interests and the impartial fulfilment of their professional duties.

(b) Employees and Contractors must will not engage in private work with or for any person

or body with an interest in a proposed or current contract with the Local Government Town of Cambridge, without first making disclosure to the Chief Executive Officer. In this respect, it does not matter whether advantage is in fact obtained, as any appearance that private dealings could conflict with performance of duties must be scrupulously avoided.

(c) The definition of outside employment includes paid employment with another organisation, running a business, maintaining a professional practice or consultancy and being a director of an organisation. It may include voluntary activities if those activities have the potential to affect decisions made or actions taken in respect of employment with the Town.

(d) Full time and part time All Employees or Contractors who are considering engaging in

employment outside the Town (including employment during leave breaks) must seek written approval of the CEO Manager Human Resources before doing so.

Casual Employees are not required to seek any approval. (e) Council Members, Committee Members, and Employees and Contractors staff will

lodge written notice with the Chief Executive Officer describing an intention to undertake a dealing in land within the local government area Town of Cambridge or which may otherwise be in conflict with the Town's Council's functions (other than purchasing their principal place of residence).

(f) Council Members, Committee Members, and Employees staff and Contractors who

exercise a recruitment or other discretionary function will make disclosure before dealing with relatives or close friends and will disqualify themselves from dealing with those persons.

(g) Employees and Contractors Staff will refrain from partisan political activities which could

cast doubt on their neutrality and impartiality in acting in their professional capacity. An individual’s rights to maintain their own political convictions are not impinged upon by this clause. It is recognised that such convictions cannot be a basis for discrimination and this is supported by anti- discriminatory legislation.

6.3 Financial Interest Council Members, Committee Members and Employee will adopt the principles of disclosure of financial interest as contained within the Local Government Act.

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Council Members, Committee Members, and Employees and Contractors must comply with the laws governing financial interests, including the disclosure of financial interests, set out in the Local Government Act 1995. Sections 5.59-5.90 of the Local Government Act 1995 establish the requirements for disclosure by Council Members, Committee Members, or Employees and Contractors of financial interests (including proximity interests). The onus is on Council Members, Committee Members, and Employees and Contractors to identify possible financial interests (including proximity interests and non-financial interests), to determine whether an interest exists, and whether any statutory exemption applies. 6.4 Impartiality interests for Employees For the purposes of the Code, an impartiality interest means: “An interest that could, or could reasonably be perceived to, adversely affect the

impartiality of the person having the interest and includes an interest arising from kinship, friendship or membership of an association” (see Regulation 34(C)(1) of the Local Government (Administration) Regulations 1996)."

An ‘impartiality interest’ does not include a ‘financial interest’ that is subject to the requirements of the Local Government Act 1995. An Employee and Contractor who has an impartiality interest in any matter to be discussed at a Council or Committee Meeting attended by that person must disclose the nature of the impartiality interest: (a) in a written notice given to the CEO Chief Executive Officer before the meeting; or (b) at the meeting immediately before the matter is discussed. In addition, an Employee or Contractor who has given, or will give, advice in respect of any matter to be discussed at a Council or Committee Meeting not attended by the Employee or Contractor must disclose the nature of any impartiality interest he or she has in the matter: (a) in a written notice given to the CEO Chief Executive Officer before the meeting; or (b) at the time the advice is given. An Employee or Contractor is excused from the requirement to disclose an impartiality interest if the failure to disclose occurs because the person: (a) did not know he or she had an impartiality interest in the matter; or (b) did not know the matter in which he or she had an impartiality interest would be

discussed at the meeting and the person discloses the nature of the impartiality interest as soon as possible after becoming aware of the discussion of that matter.

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Regulation 11 of the Local Government (Rules of Conduct) Regulations 2007 contain the provisions relating to Council Members disclosing impartiality interests: 11. Disclosure of Interest (1) In this Regulation - Interest means an interest that could, or could reasonably be perceived to, adversely

affect the impartiality of the person having the interest and includes an interest arising from kinship, friendship or membership of an association.

(2) A person who is a Council Member and who has an interest in any matter to be

discussed at a Council or Committee Meeting attended by the Member must disclose the nature of the interest -

(a) in a written notice given to the Chief Executive Officer before the meeting; or (b) at the meeting immediately before the matter is discussed. (3) Subregulation (2) does not apply to an interest referred to in Section 5.60 of the Act. (4) Subregulation (2) does not apply if - (a) a person who is a Council Member fails to disclose an interest because the

person did not know he or she had an interest in the matter; or (b) a person who is a Council Member fails to disclose an interest because the

person did not know the matter in which he or she had an interest would be discussed at the meeting and the person disclosed the interest as soon as possible after the discussion began.

(5) If, under Subregulation (2)(a), a person who is a Council Member discloses an interest

in a written notice given to the Chief Executive Officer before a meeting then - (a) before the meeting the Chief Executive Officer is the cause the notice to be

given to the person who is to preside at the meeting; and (b) at the meeting the person presiding is to bring the notice and its contents to the

attention of the persons present immediately before a matter to which the disclosure relates is discussed.

(6) If - (a) under Subregulation (20(b) or (4)(b) a person's interest in a matter is disclosed

at a meeting; or (b) under Subregulation (5)(b) notice of a person's interest in a matter is brought to

the attention of the persons present at a meeting; The nature of the interest is to be recorded in the minutes of the meeting.

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6.5 Disclosure of Information in Returns Council Members and 'Designated Employees' must provide primary and annual returns in accordance with the requirements of Division 6 of Part 5 of the Local Government Act 1995. For these purposes, a Designated Employee is defined in Section 5.74 of the Local Government Act 1995 to mean: (a) The Chief Executive Officer. (b) An Employee, other than the Chief Executive Officer, to who any power or duty has

been delegated under Division 4 of the Local Government Act 1995. (c) an employee who is a member of a Committee comprising Council Members and

Employees. (d) An employee nominated by the City to be a Designated Employee. 6.6 Disclosure of Interest Definition:- In this Clause, and in accordance with Regulation 34C of the Local Government (Administration) Regulations 1996:- "interest" means an interest that could, or could reasonably be perceived to, adversely affect the

impartiality of the person having the interest and includes an interest arising from kinship, friendship, or membership of an association.

(a) A person who is an Employee or Contractor and who has an interest in any matter to

be discussed at a Council or Committee Meeting attended by the person is required to disclose the nature of the interest:-

(i) in a written notice given to the CEO Chief Executive Officer before the Meeting; or

(ii) at the Meeting immediately before the matter is discussed. (b) A person who is an Employee or Contractor and who has given, or will give, advice in

respect of any matter to be discussed at a Council or Committee Meeting not attended by the person is required to disclose the nature of any interest the person has in the matter:-

(i) in a written notice given to the CEO Chief Executive Officer before the Meeting; or

(ii) at the time the advice is given. (c) A requirement described under items (a) and (b) exclude an interest referred to in

Section 5.60 of the Local Government Act 1995. (d) A person is excused from a requirement made under items (a) or (b) to disclose the

nature of an interest if:- (i) the person's failure to disclose occurs because the person did not know he or

she had an interest in the matter; or (ii) the person's failure to disclose occurs because the person did not know the

matter in which he or she had an interest would be discussed at the meeting and the person discloses the nature of the interest as soon as possible after becoming aware of the discussion of a matter of that kind.

(e) If a person who is an Employee or Contractor makes a disclosure in a written notice

given to the CEO Chief Executive Officer before a meeting to comply with requirements of items (a) or (b), then:-

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(i) before the meeting the CEO Chief Executive Officer is to cause the notice to be given to the person who is to preside at the meeting; and

(ii) immediately before a matter to which the disclosure relates is discussed at the meeting the person presiding is to bring the notice and its contents to the attention of the persons present.

(f) If:- (i) to comply with a requirement made under item (a), the nature of a person's

interest in a matter is disclosed at a meeting; or (ii) a disclosure is made as described in item (d)(ii) at a meeting; or (iii) to comply with a requirement made under item (e)(ii), a notice disclosing the

nature of a person's interest in a matter is brought to the attention of the persons present at a meeting,

the nature of the interest is to be recorded in the minutes of the meeting.

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7. PERSONAL BENEFIT 7.1 Use of Confidential Information Council Members, Committee Members, and Employees staff and Contractors will not use confidential documents or confidential information to gain improper advantage for themselves or for any other person or body, in ways which are inconsistent with their obligation to act impartially and in good faith, or to improperly cause harm or detriment to any person or organisation. 7.2 Intellectual Property The title to intellectual property in all duties relating to contracts of employment will be assigned to the Local Government Town of Cambridge upon its creation unless otherwise agreed by separate contract. 7.3 Improper or Undue Influence Council Members, and Employees and Contractors will not take advantage of their position to improperly influence other Council Members, or Employees or Contractors in the performance of their duties or functions, in order to gain undue or improper (direct or indirect) advantage or gain for themselves or for any other person or body. Council Members must ensure their conduct does not give rise to any influence over the manner in which Employees and Contractors perform their duties or functions.

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8. DECLARATION OF GIFTS 8.1 Gifts from Persons having Dealings with the Town General Provisions For the purposes of the Code, a "gift" has the meaning set out in Section 5.82(4) of the Local Government Act 1995 as follows:

“Any disposition of property, or the conferral of any other financial benefit, made by one person in favour of another otherwise than by will (whether with or without an instrument in writing), without consideration in money or money’s worth passing from the person in whose favour it is made to the other, or with such consideration so passing if the consideration is not fully adequate, but does not include any financial or other contribution to travel.”

There are two key elements to the definition of a "gift". These are: 1. the disposition of property, or the conferral of any other financial benefit; and 2. the absence of ‘consideration’, or anything less than ‘fully adequate’ consideration,

(in terms of money or money’s worth) passing from the recipient to the donor. However, a gift does not include a gift from a relative as defined in Section 5.74(1) of the Local Government Act 1995. Section 5.74(1) of the Local Government Act 1995 states the following:

relative, in relation to a Relevant Person, means any of the following —

(a) a parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descendant of the Relevant Person or of the Relevant Person’s spouse or de facto partner;

(b) the Relevant Person’s spouse or de facto partner or the spouse or de facto partner of

any relative specified in paragraph (a),

whether or not the relationship is traced through, or to, a person whose parents were not actually married to each other at the time of the person’s birth or subsequently, and whether the relationship is a natural relationship or a relationship established by a written law.

Council Members, and Employees and Contractors must not seek (either directly or indirectly) any immediate or future gift (including any financial benefit, reward, donation or hospitality) for themselves, or for any other person or body, as a result of their role at the Town. If a gift is offered from a foreign dignitary, the gift should be accepted politely on behalf of the Town, and provided to the CEO Chief Executive Officer at the first possible opportunity. At the CEO's Chief Executive Officer's discretion, these gifts will be placed in an appropriate location within the Town, and/or registered in the Town's memorabilia collection. The value of a gift can be estimated if the Council Member, or Employee or Contractor believes its value is low. However, if it is believed its value approaches the thresholds detailed in this Code or the Local Government (Rules of Conduct) Regulations 2007, the precise value of the gift should be ascertained before accepting to ensure compliance with this Code and the Local Government (Rules of Conduct) Regulations 2007.

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It is also important to ensure that the full value of the gift is taken into account including all hidden costs in association with acts of hospitality (for example, if invited to a box at a sporting event, the cost is not just the cost of an entry ticket but a proportion of the cost of the box and the hospitality provided). It would also include the cost of the attendance of a partner or guest at an event, should that person be invited to accompany the Town's representative. Section 5.82 of the Local Government Act 1995 contains the requirements for the disclosure of gifts for Council Members and Designated Employees (termed a “Relevant Person”) as follows:

5.82. Gifts (1A) A Relevant Person is to disclose each gift received by the person. (1B) The disclosure is to be made in writing to the Chief Executive Officer. (1C) The disclosure is to be made within 10 days of receipt of the gift by the Relevant

Person. (1) The disclosure is to include the following — (a) a description of the gift; (b) the name and address of the person who made the gift; (c) the date on which the give was received; (d) the estimated value of the gift at the time it was made; (e) the nature of the relationship between the Relevant Person and the person

who made the gift. (2) Nothing in this Subdivision requires a Relevant Person to disclose a gift received by

the person if — (a) the amount of the gift did not exceed the prescribed amount unless —

(i) the gift was one of two or more gifts made by one person at any time during a year; and

(ii) the sum of those two or more gifts exceeded the prescribed amount; or

(b) the donor was a relative of the person.

(3) For the purposes of this section, the amount of a gift comprising property, other than

money, or the conferral of a financial benefit is to be treated as being an amount equal to the value of the property or the financial benefit at the time the gift was made.

(4) In this section — Gift means any disposition of property, or the conferral of any other financial benefit,

made by one person in favour of another otherwise than by will (whether with or without an instrument in writing), without consideration in money or money’s worth passing from the person in whose favour it is made to the other, or with such consideration so passing if the consideration is not fully adequate, but does not include any financial or other contribution to travel.

8.2 Notifiable Gifts An Council Member or Designated Employee may accept a ‘Notifiable Gift’ from a person who: (a) is undertaking or seeking to undertake an activity involving a local government the

Town's discretion; or

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(b) it is reasonable to believe is intending to undertake an activity involving a local government discretion;

provided that within 10 days of accepting a Notifiable Gift, the Council Member or Designated Employee notifies must notify the CEO Chief Executive Officer in writing of the acceptance of a Notifiable Gift, which notice must include the following information: (a) the name of the person who gave the gift; (b) the date on which the gift was accepted; (c) a description, and the estimated value, of the gift; (d) the nature of the relationship between the person who is an Employee and the person

who gave the gift; and (e) if the gift is a Notifiable Gift under (ii) of the definition of a Notifiable Gift (whether or

not it is also a Notifiable Gift under (i) of that definition): (i) a description; (ii) the estimated value; (iii) the date of acceptance, of each other gift accepted within the six-month

period. Designated Employees, other than the CEO Chief Executive Officer, Directors and Managers, must not accept any act of hospitality that constitutes a “Notifiable Gift” (such as meals and lunches), without prior approval of the CEO Chief Executive Officer or a Director, as appropriate. Any approval must be recorded in the Town's record keeping system. It is advisable that the details of any gift received from a person is recorded (either as a required notification or as a personal note) in case that same person provides two or more gifts within a six-month period, which may put the aggregated value of all gifts received between the $50.00 and $300.00 value threshold. Any ‘Notifiable Gift’ received by a ‘Designated Employee’ between the value of $200.00 and $300.00 will also be required to be disclosed in accordance with the requirements set out in Section 5.82 of the Local Government Act 1995 (see “Declaration of other Gifts and Contributions to Travel: Council Members and Designated Employees” section of this Code). For these purposes: (a) a Notifiable Gift means: (i) a gift worth between $50.00 and $300.00; or (ii) a gift that is one of two or more gifts given to a Council Member, Committee

Member or Designated Employee by the same person within a period of six months that are in total worth between $50.00 and $300.00;

(b) activity involving a local government discretion is an activity: (i) that cannot be undertaken without an authorisation from the Town; or (ii) by way of a commercial dealing with the Town; (c) a gift has the meaning set out in Section 5.82(4) of the Local Government Act 1995

except that it does not include: (i) a gift from a relative, as defined in Section 5.74(1) of the Local Government

Act 1995; (ii) a gift that must be disclosed under Regulation 30B of the Local Government

(Elections) Regulations 1997; (iii) a gift from a statutory authority, government instrumentality or non-profit

association for professional training; or (iv) a gift from the Western Australian Local Government Association (WALGA),

the Australian Local Government Association (ALGA) Limited

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(ABN 31 008 613 876) or Local Government Professionals Australia WA (formerly the Local Government Managers Australia WA Division Incorporated) (ABN 91208 607 072).

8.3 Prohibited Gifts for Employees A Council Member or Designated An Employee must not accept a Prohibited Gift from a person who: (a) is undertaking or seeking to undertake an activity involving a local government

discretion; or (b) it is reasonable to believe is intending to undertake an activity involving a local

government discretion. For these purposes: (a) a Prohibited Gift means: (i) a gift worth $300.00 or more; or (ii) a gift that is one of two or more gifts given to the Council Member or

Designated Employee by the same person within a period of 6 months that are in total worth $300.00 or more.

(b) activity involving a local government discretion is an activity: (i) that cannot be undertaken without an authorisation from the Town; or (ii) by way of a commercial dealing with the Town. (c) a gift has the meaning set out in Section 5.82(4) of the Local Government Act 1995,

except that it does not include: (i) a gift from a relative as defined in Section 5.74(1) of the Local Government Act

1995; (ii) a gift that must be disclosed under Regulation 30B of the Local Government

(Elections) Regulations 1997; (iii) a gift from a statutory authority, government instrumentality or non-profit

association for professional training; or (iv) a gift from the Western Australian Local Government Association (WALGA)

(ABN 31 008 613 876), or Local Government Professionals Australia WA (formerly the Local Government Managers Australia WA Division Incorporated) (ABN 91208 607 072).

Any gift valued at $300.00 or more should be declined. 8.4 Register of Notifiable Gifts and Prohibited Gifts The CEO Chief Executive Officer must maintain a register of notifiable gifts and record any details of notifications given to comply with the requirement of the Code and the Local Government (Rules of Conduct) Regulations 2007. For better transparency Council Members and Designated Employees are encouraged to record the required details of any gifts declined in the register. 12. Gifts

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(1) In this Regulation — activity involving a local government discretion means an activity — (a) that cannot be undertaken without an authorisation from the local government; or (b) by way of a commercial dealing with the local government. gift has the meaning given to that term in Section 5.82(4) of the Act, except that it does not

include — (a) a gift from a relative as defined in Section 5.74(1) of the Act; or (b) a gift that must be disclosed under Regulation 30B of the Local Government

(Elections) Regulations 1997; or (c) a gift from a statutory authority, government instrumentality or non-profit association

for professional training; or (d) a gift from the Western Australian Local Government Association (WALGA), the

Australian Local Government Association (ALGA) Limited (ABN 31 008 613 876) or the Local Government Professionals Australia WA (formerly the Local Government Managers Australia WA Division Incorporated) (ABN 91208 607 072).

Notifiable Gift, in relation to a person who is a Council Member, means — (a) a gift worth between $50.00 and $300.00; or (b) a gift that is one of two or more gifts given to the Council Member by the same person

within a period of six months that are in total worth between $50.00 and $300.00. Prohibited Gift, in relation to a person who is a Council Member, means — (a) a gift worth $300.00 or more; or (b) a gift that is one of two or more gifts given to the Council Member by the same person

within a period of six months that are in total worth $300.00 or more. (2) A person who is a Council Member must not accept a Prohibited Gift from a person — (a) who is undertaking or seeking to undertake; or (b) who it is reasonable to believe is intending to undertake; an activity involving a local government discretion. (3) A person who is a Council Member and who accepts a Notifiable Gift from a person — (a) who is undertaking or seeking to undertake; or (b) who it is reasonable to believe is intending to undertake; an activity involving a local government discretion must, within 10 days of accepting the gift,

notify the CEO Chief Executive Officer of the acceptance in accordance with subregulation (4). (4) Notification of the acceptance of a Notifiable Gift is to be in writing and is to include — (a) the name of the person who gave the gift; and (b) the date on which the gift was accepted; and (c) a description, and the estimated value, of the gift; and (d) the nature of the relationship between the person who is a Council Member and the

person who gave the gift; and (e) if the gift is a Notifiable Gift under paragraph (b) of the definition of “Notifiable Gift”

(whether or not it is also a Notifiable Gift under paragraph (a) of that definition) — (i) a description; and (ii) the estimated value; and (iii) the date of acceptance, of each other gift accepted within the six-month period. (5) The CEO Chief Executive Officer must maintain a register of gifts in which details of notices

received under subregulation (4) are recorded.

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9. Declaration of other Gifts and Contributions to Travel: Council Members and Designated Employees

9.1 Gifts and Contributions to Travel Council Members and ‘Designated Employees’ are also required to disclose certain gifts and contributions to travel in accordance with the requirements set out in Sections 5.82 and 5.83 of the Local Government Act 1995. A Designated Employee, as defined in Section 5.74 of the Local Government Act 1995, means: (a) the Chief Executive Officer; (b) an Employee, other than the chief Executive Officer, to whom any power or duty has

been delegated; (c) an Employee who is a Member of a Committee comprising Council Members and

Employees; (d) an Employee nominated by the local government to be a Designated Employee. A contribution to travel will be something that facilitates such a journey(s), and may include the following: Airline ticket price. Visa fees. Travel insurances. Accommodation. Section 5.83 of the Local Government Act 1995 contains the requirements for the disclosure of contributions to travel for Council Members and Designated Employees (termed a “relevant person”) as follows:

5.83. Contributions to travel (1A) A Relevant Person is to disclose each financial or other contribution that has been

made to any travel undertaken by the person.

(1B) The disclosure is to be made in writing to the CEO Chief Executive Officer.

(1C) The disclosure is to be made within 10 days of receipt of the contribution by the relevant person.

(1) The disclosure is to include the following — (a) a description of the contribution; (b) the name and address of the person who made the contribution; (c) the date on which the contribution was received; (d) the estimated value of the contribution at the time it was made; (e) the nature of the relationship between the relevant person and the person who

made the contribution; (f) a description of the travel; (g) the date of travel.

(2) Nothing in this Subdivision requires a relevant person to disclose a financial or other

contribution to any such travel undertaken by a person if — (a) the contribution was made from Commonwealth, State or local government

funds; or (b) the contribution was made by a relative of the person; or (c) the contribution was made in the ordinary course of an occupation of the

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person which is not related to his or her duties as a Council Member or Employee; or

(d) the amount of the contribution did not exceed the prescribed amount unless — (i) the contribution was one of two or more contributions made by one

person at any time during a year; and (ii) the sum of those two or more contributions exceeded the prescribed

amount; or (e) the contribution was made by a political party of which the person was a

member and the travel was undertaken for the purpose of political activity of the party, or to enable the person to represent the party.

(3) For the purposes of subsection (2)(d) the amount of a contribution (other than a

financial contribution) is to be treated as being an amount equal to the value of the contribution at the time the contribution was made.

(4) In this section —

political party means a body or organisation, whether incorporated or

unincorporated, having as one of its objects or activities the promotion of the election to the Parliament of the Commonwealth or of the State of a candidate or candidates endorsed by it or by a body or organisation of which it forms part; and

travel includes accommodation incidental to a journey. The prescribed amount, for the purposes of Sections 5.82 and 5.83 of the Local Government Act 1995 is detailed in Regulations 25 and 26 of the Local Government (Administration) Regulations 1996 as follows:

25. Amount of gift prescribed (Act s. 5.82(2)(a))

(1) The amount of a gift prescribed for the purposes of Section 5.82(2)(a) is as follows —

(a) $500.00 for an annual return lodged under Section 5.76 before 1 January 2000;

(b) $200.00 for an annual return lodged under Section 5.76 during the period beginning on 1 January 2000 and ending immediately before commencement day;

(c) $200.00 for a disclosure made under section 5.82 on or after commencement day.

(2) In subregulation (1) —

Commencement Day means the day on which the Local Government

(Administration) Amendment Regulations 2016 regulation 7 comes into operation.

26. Amount of contribution to travel prescribed (Act s. 5.83(2)(d)) (1) The amount of a contribution to travel prescribed for the purposes of Section

5.83(2)(d) is as follows — (a) $500.00 for an annual return lodged under Section 5.76 before

1 January 2000; (b) $200.00 for an annual return lodged under Section 5.76 during the

period beginning on 1 January 2000 and ending immediately before commencement day;

(c) $200.00 for a disclosure made under Section 5.83 on or after commencement day.

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(2) In Subregulation (1) — Commencement Day means the day on which the Local Government

(Administration) Amendment Regulations 2016, Regulation 7 comes into operation.

Section 5.74(1) of the Local Government Act 1995 provides for the definition of a ‘relative’ as follows:

Relative, in relation to a relevant person, means any of the following —

(a) a parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descendant of the relevant person or of the Relevant Person’s spouse or de facto partner;

(b) the relevant person’s spouse or de facto partner or the spouse or de facto partner of any relative specified in paragraph (a);

whether or not the relationship is traced through, or to, a person whose parents were not actually married to each other at the time of the person’s birth or subsequently, and whether the relationship is a natural relationship or a relationship established by a written law.

Under section 5.89A of the Local Government Act 1995 the Chief Executive Officer is to keep a register of gifts and contributions to travel made by Council Members and Designated Employees, and is to make that register available for public inspection and on the Town's website. Section 5.89A of the Local Government Act 1995 contains the requirements for the keeping of a Register for gifts and contributions for travel:

5.89A Register of gifts and contributions to travel (1) A Chief Executive Officer is to keep a Register of gifts and contributions to travel. (2) The Register is to contain a record of the disclosures made under Sections 5.82 and

5.83. (3) The Register is to be in the form that is prescribed (if any). (4) The chief Executive Officer is to make the Register available for public inspection. (5) The Chief Executive Officer is to publish the Register on the local government’s official

website. (6) As soon as practicable after a person ceases to be a person who is required under

Sections 5.82 or 5.83 to make a disclosure, the Chief Executive Officer is to remove from the Register all records relating to that person.

(7) Disclosures made under Sections 5.82 or 5.83 and removed from the Register under

Subsection (6) are, for a period of at least five years after the person who made the disclosure ceases to be a person required under Sections 5.82 or 5.83 to make a disclosure —

(a) to be kept by the chief Executive Officer; and (b) to be made available for public inspection.

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3.4 Gifts Definitions : In this Clause, and in accordance with Regulation 34B of the Local Government (Administration) Regulations 1996 - “activity involving a local government discretion” means an activity - (a) that cannot be undertaken without an authorisation from the local government; or (b) by way of a commercial dealing with the local government; “gift” has the meaning given to that term in Section 5.82(4), except that it does not include - (a) a gift from a relative as defined in Section 5.74(1); or (b) a gift that must be disclosed under Regulation 30B of the Local Government (Elections)

Regulations 1997; or (c) a gift from a statutory authority, government instrumentality or non-profit association for

professional training; “Notifiable Gift”, in relation to a person who is an Employee, means - (a) a gift worth between $50 and $300; or (b) a gift that is one of 2 or more gifts given to the Employee by the same person within a period of 6

months that are in total worth between $50 and $300; “Prohibited Gift”, in relation to a person who is an Employee, means - (a) a gift worth $300 or more; or (b) a gift that is one of 2 or more gifts given to the Employee by the same person within a period of 6

months that are in total worth $300 or more. (a) A person who is an Employee is to refrain from accepting a Prohibited Gift from a person

who:- (i) is undertaking or seeking to undertake an activity involving a local government

discretion; or (ii) it is reasonable to believe is intending to undertake an activity involving a local

government discretion. (b) A person who is an Employee and who accepts a Notifiable Gift from a person who:-

(i) is undertaking or seeking to undertake an activity involving a local government discretion; or

(ii) it is reasonable to believe is intending to undertake an activity involving a local government discretion,

must notify the Chief Executive Officer, in accordance with item (c) and within 10 days of accepting the gift, of the acceptance.

(c) The notification of the acceptance of a Notifiable Gift must be in writing and include:-

(i) the name of the person who gave the gift; and (ii) the date on which the gift was accepted; and (iii) a description, and the estimated value, of the gift; and (iv) the nature of the relationship between the person who is an Employee and the

person who gave the gift; and (v) if the gift is a Notifiable Gift under paragraph (b) of the definition of “Notifiable Gift”

(whether or not it is also a Notifiable Gift under paragraph (a) of that definition):- (1) a description; and (2) the estimated value; and (3) the date of acceptance, of each other gift accepted within the 6 month period.

(d) The Chief Executive Officer is to maintain a Register of Notifiable Gifts and record in it

details of notifications given to comply with a requirement made under item (c).

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(e) This clause does not apply to gifts received from a relative (as defined in Section 5.74(1) of the Local Government Act 1995, or an electoral gift (to which other disclosure provisions apply).

(f) This Clause does not prevent the acceptance of a gift on behalf of the local government

in the course of performing professional or ceremonial duties in circumstances where the gift is presented in whole to the Chief Executive Officer, entered into the Register of Notifiable Gifts and used or retained exclusively for the benefit of the local government.

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10. CONDUCT OF COUNCIL MEMBERS, COMMITTEE MEMBERS AND EMPLOYEES

10.1 Personal Behaviour (a) Council Members, Committee Members, and Employees and Contractors will:- (i) act, and be seen to act, properly and in accordance with the requirements of the

law and the terms of this Code; (ii) perform their duties impartially and in the best interests of the Town of

Cambridge uninfluenced by fear or favour; (iii) act in good faith (ie honestly, for the proper purpose, and without exceeding

their powers) in the interests of the Town of Cambridge and the community; (iv) make no allegations which are improper or derogatory (unless true and in the

public interest) and refrain from any form of conduct, in the performance of their official or professional duties, which may cause any reasonable person unwarranted offence or embarrassment; and

(v) always act in accordance with their obligation of fidelity to the Town of Cambridge.

(b) Council Members, Committee Members, and Employees and Contractors are not to

reflect adversely upon the character or actions of another Member or officer nor use offensive or objectionable language or expressions in reference to any Council or Committee Member, Employee, of the Council Contractor or any other person.

(c) Council Members will represent and promote the interests of the Town of Cambridge,

while recognising their special duty to their own constituents. 10.2 Behaviour at Council and Committee Meetings (a) Council Members must at all times show respect towards other Council Members; (b) Behaviour such as:- (i) communicating with members of the public during debate, except as provided

in Standing Orders; (ii) passing copious notes between Council Members (to be kept to a minimum);

and (iii) turning one’s back to the Council; is unacceptable for Council Members. (c) Council Members will show respect to other Council Members during Council and

Committee Meetings and not interrupt or interject when a Council Member is speaking, other than in accordance with Standing Orders.

10.3 Harassment Harassment of Council Members, and Employees and Contractors is not tolerated. Harassment can take the form of physical, verbal or non-verbal conduct which is unwarranted by the individual targeted. Forms of harassment can be based on grounds of race, sexual or bullying, etc. The Council Town has detailed Employee policies in regard to this matter that can be used as a guide for Council and Committee Members, Employees and Contractors.

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10.4 Honesty and Integrity Council Members, Committee Members, and Employees and Contractors will:- (a) observe the highest standards of honesty and integrity, and avoid conduct which might

suggest any departure from these standards; (b) bring to the notice of the Mayor, any dishonesty or possible dishonesty on the part of

any other Council Member, and in the case of an Employee or Contractor to the CEO Chief Executive Officer;

(c) be frank and honest in their official dealing with each other. 10.5 No Adverse Reflection on Council Decision A Council or Committee Member is not to reflect adversely upon a decision of the Council except on a motion that the decision be revoked or changed. 10.6 Performance of Duties (a) While on duty, Employees and Contractors will give their whole time and attention to

the Town's of Cambridge's business and ensure that their work is carried out efficiently, economically and effectively, and that their standard of work reflects favourably both on them and on the Town.

(b) Council Members and Committee Members will at all times exercise reasonable care

and diligence in the performance of their duties, being consistent in their decision making but treating all matters on individual merits. Council Members and Committee Members will be as informed as possible about the functions of the Council, and treat all members of the community honestly and fairly.

10.7 Compliance with Lawful Orders (a) Council Members, Committee Members, and Employees and Contractors will comply

with any lawful order given by any person having authority to make or give such an order, with any doubts as to the propriety of any such order being taken up with the superior of the person who gave the order, and if resolution cannot be achieved, with the CEO Chief Executive Officer.

(b) Council Members, Committee Members, and Employees and Contractors will give

effect to the lawful policies of the Town of Cambridge, whether or not they agree with or approve of them.

10.8 Administrative and Management Practices Council Members, Committee Members, and Employees and Contractors will ensure compliance with proper and reasonable administrative practices and conduct, and professional and responsible management practices. 10.9 Corporate Obligations (a) Standard of Dress Council Members, Committee Members, and Employees staff and Contractors are

expected to comply with neat and responsible dress standards at all times. Accordingly:-

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(i) Council Members and Committee Members will dress in a manner appropriate to their position, in particular when attending meetings or representing the Local Government Town in an official capacity.

(ii) Management reserves the right to adopt policies relating to corporate dress and

to raise the issue of dress with individual Employees staff and Contractors. (iii) Employees and Contractors are required to maintain a minimum standard of

‘smart business attire’, dressing suitably and modestly for the business environment. Corporate uniform must be worn where required by management.

(iv) Employees and Contractors must wear personal protective clothing/equipment

and safety footwear where it is compulsory or as otherwise directed. (b) Communication and Public Relations (i) All aspects of communication by Employees staff and Contractors (including

verbal, written or personal), involving Local Government's Town of Cambridge activities should reflect the status and objectives of the Town that Local Government. Communications should be accurate, polite and professional.

(ii) As representatives of the community, Council Members need to be not only

responsive to community views, but to adequately communicate the attitudes and decisions of the Council. In doing so, Council Members should acknowledge that:-

- as a member of the Council there is respect for the decision making

processes of the Council which are based on a decision of the majority of the Council;

- information of a confidential nature ought not be communicated until it is

no longer treated as confidential; - information relating to decisions of the Council on approvals, permits

and so on ought only be communicated in an official capacity by a Designated Employee of the Council;

- information concerning adopted policies, procedures and decisions of

the Council is conveyed accurately.

(iii) Committee Members accept and acknowledge it is their responsibility to observe any direction the Town Local Government may adopt in terms of advancing and promoting the objectives of the Committee to which they have been appointed.

10.10 Alcohol and Drugs Council Members, Committee Members, Employees and Contractors are obliged to present themselves for work in a fit state, and not be unduly affected by alcohol or any mind altering substances, so that in carrying out their work or duties, they do not expose themselves, their co-workers, or other persons to unnecessary risks to health and safety.

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11. INFORMATION AND COMMUNICATION 11.1 Access to Information (a) The CEO, Employees Staff and Contractors will ensure that Council Members are

given access to all information necessary for them to properly perform their functions and comply with their responsibilities, and to make reasonable and informed decisions on matters before the Council.

(b) Council Members will ensure that information provided will be used properly and to

assist in the process of making reasonable and informed decisions on matters before the Council. Council Members have an obligation to properly examine all the information provided to them relating to matters that they are dealing with to enable them to make an informed decision on the matter.

(c) Council Members who have a personal (as distinct from civic) interest in a document

of the Town, have the same rights of access as any member of the public. 11.2 Access to Information – Personal Interest Any Council Member, Committee Member, Employee or Contractor must not use confidential information gained through their official position for the purpose of securing a private benefit for themselves or for any other person. When making an enquiry on a matter being considered by the Town in which they have a personal/financial interest, they shall seek the information only from the CEO Chief Executive Officer or relevant Director in writing. 11.3 Improper Use of Information Council Members, Committee Members, Employees and Contractors must not make improper use of any information acquired by the person in the performance of his or her functions under the Local Government Act 1995 or any other written law. Due discretion must be exercised by all those who have access to confidential or sensitive information. This applies not only to the proper disclosure of that information, but also to take the appropriate measures to be taken to ensure that the security of the information is not compromised. Section 5.93 of the Local Government Act 1995 prohibits a Council Member, Committee Member or Employee from making improper use of any information acquired in the performance by the person of his or her functions under the Local Government Act 1995 or any other written law: (a) to gain directly or indirectly an advantage for themselves or for any other person; or (b) to cause detriment to the Town or any other person. The penalty, on conviction, is a fine of $10,000 or imprisonment for 2 years. 11.4 Confidential Information Council Members, Committee Members, Employees and Contractors must only access information needed for official business and use confidential information only for the purpose it is intended to be used. They have a duty to protect confidential information and must only release confidential information if they have authority to do so.

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Regulation 6 of the Local Government (Rules of Conduct) Regulations 2007 prohibits a Council Member from disclosing confidential information, or information acquired at a closed meeting: 6. Use of Information 1. In this Regulation — closed meeting means a council or committee meeting, or a part of a council or

committee meeting, that is closed to members of the public under Section 5.23(2) of the Act;

confidential document means a document marked by the CEO Chief Executive Officer

to clearly show that the information in the document is not to be disclosed; non-confidential document means a document that is not a confidential document. 2. A person who is a Council Member must not disclose — (a) information that the Council Member derived from a confidential document; or (b) information that the Council Member acquired at a closed meeting other than

information derived from a non-confidential document. 3. Subregulation (2) does not prevent a person who is a Council Member from disclosing

information — (a) at a closed meeting; or (b) to the extent specified by the council and subject to such other conditions as

the council determines; or (c) that is already in the public domain; or (d) to an officer of the Department; or (e) to the Minister; or (f) to a legal practitioner for the purpose of obtaining legal advice; or (g) if the disclosure is required or permitted by law. 11.5 Communication and Public Relations All aspects of communication by Employees and Contractors (including verbal, written, electronic or personal), involving the Town’s activities must be accurate, polite and professional. As a representative of the community, Council Members need to be responsive to community views, and shall communicate decisions of Council or a Committee adequately, with good faith and not adversely reflect on those decisions externally. Council Members, Committee Members, Employees and contractors must: (a) Respect the decision-making processes of the Town which are based on decisions of

the majority of the Council or a Committee; (b) Not communicate confidential information; (c) Convey information concerning adopted policies, procedures and decisions of the

Town accurately; (d) Recognise that the spokespersons for the Council are the Mayor, and with the

Mayor’s authorisation, the Chief Executive Officer, either of whom may make a statement on behalf of the Council.

Section 2.8(1)(d) of the Local Government Act 1995 states the Mayor is to speak on behalf of the local government.

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Section 5.41(f) of the Local Government Act 1995 states the CEO Chief Executive Officer can speak on behalf of the local government if the Mayor agrees. 11.6 Expression of Personal Views Council Members are free to make their own personal position known about any matter which is pertinent to the business of the Town, including Council decisions provided that it cannot be construed to be a statement on behalf of the Council. Council Members, Committee Members, Employees and Contractors will refrain from making personal statements to the media without clearly prefacing such remarks that they are personal views and not those of the Council, and in any case will not adversely reflect on a Council decision. 11.7 Social Media Council Members, Committee Members, and Employees and Contractors are free to state their position/role with the Town publicly on social media (eg on Facebook, LinkedIn), however as with any other form of communication, they must ensure their behaviour on social media adheres to the Town of Cambridge’s values, policies and the other provisions of this Code. While using social media Council Members, Committee Members, and Employees and Contractors must: (a) Take care that their online behaviour does not reflect adversely on the Town. (b) Be polite and respectful of the opinions of others at all times, especially if publicly

identifying themselves as an Employee or Council Member of the Town. (c) Ensure that any comments made about the Town, Council, Council Members, its

Employees, Contractors or stakeholders are factually correct and not confidential, divisive or negative in nature.

Employees must not: (a) Use social media to complain about their employment or to criticise the Town or other

Town Employees; (b) Use their work email address to register social media accounts or post a Town your

work email address on social media outside of a work capacity; (c) Create a social media account or page that appears to “represent” the Town, in

relation to the Town, or any of its initiatives, unless approved to do so. Council Members and Committee Members are encouraged to use social media channels throughout their term to help communicate the Town’s programs and initiatives, and create an open channel with residents and community members. Such communication should always be conducted in a positive manner, should not discredit or reflect adversely on the Town, its Employees, Contractors, or its initiatives. Council Members, Committee Members, and Employees and Contractors should take care to ensure that work related communication with each other occurs through official channels, not through social media.

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11.8 Lobbying “Lobbying” is used to cover those types of communication between local government Council Members and the community, and include representations to Council Members by special interest groups, by individuals with a direct interest in a Council decision, and by advocates acting on behalf of others. A lobbyist is a person who endeavours to influence legislation or decision making on behalf of a special interest. Lobbying is common in federal, state and local government. The most common form occurs when a group or individual makes direct contact with a Council Member in an attempt to influence a Council decision. Appropriate lobbying of Council Members is considered normal. In many cases lobbying is part of the democratic process and is an acceptable feature of the relationship between citizens and their elected representatives. Lobbying is appropriate when done with transparency, integrity and honesty, but inappropriate when it results in public confidence in the political decision making process being undermined. The Western Australian Contact with Lobbyists Code published by the WA Public Sector Commission provides guidelines that government representatives should only permit lobbying with people who are listed in the Register of Lobbyists. The Register also provides information to the public on lobbyists and who they represent in their dealings with government. The NSW Independent Commission Against Corruption publication entitled “Lobbying Local Government Councillors” contains useful information for Council Elected Members, constituents and other interested parties. Council Members can ensure lobbying remains transparent by adopting, but not limiting themselves to the following: (a) documenting meetings with lobbyists; (b) conducting meetings in Council premises or other locations suitable for open

meetings; (c) haveing other people present during meetings; (d) inviteing lobbyists to write to Council seeking a meeting with Council and relevant

Employees or Contractors; (e) request communications be in writing; (f) copy information provided by lobbyists to Town Officers Employees or Contractors to

consider and assess, distribute to other Council Members, and/or file as a Town record; and

(g) declare lobbying activities to Council. References: Public Sector Commission: Lobbyists Register. Public Sector Commission: Contact with Lobbyists Code. Independent Commission Against Corruption: Lobbying Local Government Councillors. 11.9 Inappropriate Lobbying It is in the public interest that lobbying is fair and does not undermine public confidence in impartial decision-making. Lobbying is a two-way process between Council Members and lobbyists.

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Council Members should take care that their duty to consider issues fairly and properly is not compromised by participating in lobbying practices that are outside the bounds of appropriate or lawful behaviour. Generally, inappropriate or unlawful conduct on the part of someone lobbying a Council Member usually involves an attempt to obtain preferential consideration or treatment based on factors other than merit of the matter. 11.10 Contact with Developers Council Members, and Employees and Contractors must ensure development decisions are made in accordance with legislative requirements and Town Policy the Town's relevant administrative requirements. Dealings with applicants and consideration of assessment of development applications must be open and transparent to prevent accusations or perceptions of improper conduct, preferential treatment or bias.

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12. DEALING WITH COUNCIL PROPERTY 12.1 Use of Local Government Resources Council Members, Committee Members, Employees staff and Contractors will: (a) be scrupulously honest in their use of the Town's Local Government's resources and

shall not misuse them or permit their misuse (or the appearance of misuse) by any other person or body;

(b) use the Town's Local Government resources entrusted to them effectively and

economically in the course of their duties; and (c) not use the Town's Local Government's resources (including the services of Council

Employees staff and Contractors) for private purposes (other than when supplied as part of a contract of employment), unless properly authorised to do so, and appropriate payments are made (as determined by the CEO Chief Executive Officer).

12.2 Travelling and Sustenance Expenses Council Members, Committee Members, and Employees staff and Contractors will only claim or accept travelling and sustenance expenses arising out of travel-related matters which have a direct bearing on the services, policies or business of the Town Local Government in accordance with the Town's policies Local Government Policy and the provisions of the Local Government Act 1995. Regulation 8 of the Local Government (Rules of Conduct) Regulations 2007 states the following in respect of Council Members using Town resources: 8. Misuse of Local Government Resources A person who is a Council Member must not either directly or indirectly use the resources of a

local government — (a) for the purpose of persuading electors to vote in a particular way at an election,

referendum or other poll held under the Act, the Electoral Act 1907, or the Commonwealth Electoral Act 1918; or

(b) for any other purpose, unless authorised under the Act, or authorised by the council or the Chief Executive Officer, to

use the resources for that purpose.

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13. BREACHING THE THIS CODE 13.1 Breaches of the Code by Employees or Contractors Any person who has reason to believe that the personal behaviour of an Employee or Contractor breaches the standards of conduct set out in the this Code, may refer the matter to the CEO Chief Executive Officer or the Manager Human Resources, who will consider the matter and deal with it in accordance with the management protocols, procedures or practices of the Town, and any applicable law concerning Employees or Contractors. Any person who has reason to believe that the personal behaviour of the CEO Chief Executive Officer breaches the standards of conduct set out in the this Code, may refer the matter to the Mayor. Each report of a breach is to be dealt with quickly and fairly in accordance with the principles of procedural fairness. 13.2 Breaches of the this Code by Council Members and Committee Members A breach by a Council Member of the Local Government (Rules of Conduct) Regulations 2007 may be reported to the Town’s Complaints Officer (the CEO Chief Executive Officer) in accordance with the prescribed Complaints Form, as determined from time to time. Such complaints will be dealt with under Division 9 of Part 5 of the Local Government Act 1995. Any person who has reason to believe that the personal behaviour of a Council Member breaches the standards of conduct set out in the this Code, other than those matters set out in the Local Government (Rules of Conduct) Regulations 2007, may refer the matter to the CEO Chief Executive Officer. Any person who has reason to believe that the personal behaviour of a Committee Member breaches the standards of conduct set out in the this Code, may refer the matter to the CEO Chief Executive Officer. All complaints and allegations will: (a) Be treated as confidential and will ensure that the principles of natural justice and

procedural fairness are followed at all times; (b) For Employees and Contractors, be dealt with in accordance with the Council Policy

No 4.1.3 - Complaint Management and Procedures; and (c) For Council Members, be dealt with in accordance with Local Government Act 1995,

or where applicable, with Council Policy 4.1.3 - Complaint Management and Procedures.

13.3 Reporting Misconduct to the Corruption and Crime Commission The CEO Chief Executive Officer, being a ‘Principal Officer of a Notifying Authority’ (for the purposes of the Corruption and Crime Commission Act 2003) has a statutory obligation to report to the Corruption and Crime Commission any allegation of misconduct, or any situation that otherwise comes to his or her attention involving misconduct, where it is of relevance or concern to the CEO Chief Executive Officer in his or her official capacity. Notwithstanding, any Council Member, Committee Member, Employee, Contractor or any other person, may report directly to the Corruption and Crime Commission any matter which that person suspects on reasonable grounds may concern misconduct that has occurred, is occurring, or may occur.

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Section 4 of the Corruption and Crime Commission Act 2003 defines the instances when ‘misconduct’ occurs: 4. Term Used: Misconduct Misconduct occurs if — a. a public officer corruptly acts or corruptly fails to act in the performance of the functions

of the public officer’s office or employment; b. a public officer corruptly takes advantage of the public officer’s office or employment

as a public officer to obtain a benefit for himself or herself or for another person or to cause a detriment to any person;

c. a public officer whilst acting or purporting to act in his or her official capacity, commits

an offence punishable by 2 or more years’ imprisonment; or d. a public officer engages in conduct that — (i) adversely affects, or could adversely affect, directly or indirectly, the honest or

impartial performance of the functions of a public authority or public officer whether or not the public officer was acting in their public officer capacity at the time of engaging in the conduct;

(ii) constitutes or involves the performance of his or her functions in a manner that

is not honest or impartial; (iii) constitutes or involves a breach of the trust placed in the public officer by

reason of his or her office or employment as a public officer; or (iv) involves the misuse of information or material that the public officer has

acquired in connection with his or her functions as a public officer, whether the misuse is for the benefit of the public officer or the benefit or detriment of another person;

(v) and constitutes or could constitute a disciplinary offence providing reasonable

grounds for the termination of a person’s office or employment as a public service officer under the Public Sector Management Act 1994 (whether or not the public officer to whom the allegation relates is a public service officer or is a person whose office or employment could be terminated on the grounds of such conduct).

Section 3 of the Corruption and Crime Commission Act 2003 defines ‘serious misconduct’ as misconduct of a kind described in Section 4(a), (b) or (c) of the Corruption and Crime Commission Act 2003. 13.54 Public Interest Disclosure Act 2003 The Public Interest Disclosure Act 2003 facilitates the reporting of public interest information and provides protection for those who report this information under that Act. Council Members, Committee Members, Employees and contractors are encouraged to contact the Town’s nominated Public Interest Disclosure Officer to seek guidance on their disclosure and to lodge completed Public Interest Disclosure forms. A person who makes an appropriate disclosure of public interest information to the Town’s nominated Public Interest Disclosure Officer under Section 5 of the Public Interest Disclosure Act 2003:

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(a) incurs no civil or criminal liability for doing so; (b) is not, for doing so, liable: (i) to any disciplinary action under a written law; (ii) to be dismissed; (iii) to have his or her services dispensed with or otherwise terminated; or (iv) for any breach of duty of secrecy or confidentiality or any other restriction on

disclosure (whether or not imposed by a written law) applicable to the person (Section 13).

13.45 Protection of Persons Reporting Unacceptable or Illegal Behaviour The CEO Chief Executive Officer is to ensure that Council Members, Committee Members, Employees and Contractors who report unacceptable or illegal behaviour (that is, whistle blowers) are not in any way disadvantaged or victimised because of their actions. The CEO's Chief Executive Officer's action is limited to matters for which he/she has responsibility and/or jurisdiction to act. 13.6 Whistle Blower Protection A commonly accepted definition for “whistle blowing” is the disclosure by organisation members (former or current) of illegal, immoral or illegitimate practices. The Corruption, Crime and Misconduct Act 2003 provides protection for witnesses who voluntarily report allegations of misconduct or corrupt conduct to the Corruption and Crime Commission. The CEO Chief Executive Officer has an obligation to ensure Council Members, or Employees, Contractors or others who report illegal or unacceptable behaviour are not in any way compromised, disadvantaged or persecuted. References: Corruption, Crime and Misconduct Act 2003: State Law Publisher.

1

Code of Conduct Declaration I, ..............................................................................................................................................

(print name) declare that I am an Employee / Council Member / Consultant / Contractor of or for the Town

of Cambridge. I acknowledge that I have read the Code of Conduct and all Policies

contained / mentioned therein, understand the content, and agree to be bound by them.

Signed:

Payroll Number:

Position:

Date:

Please return completed declarations to Human Resources.

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Code of Conduct Complaint Form Note to person making the complaint: This form may be completed if you wish to complain about a Council Member or Employee who you allege has breached the Town of Cambridge Code of Conduct.

All information requested in this form must be provided before the complaint can be processed. After all information has been provided, sign and date the form, and submit to the Chief Executive Officer / Mayor. A determination will then be made in relation to the complaint. Any information provided in this form MUST NOT be sent or divulged in any way to the person who is the subject of the complaint.

All information requested below must be provided by the person making the complaint.

What is the name of the Council Member or Employee who you allege has breached the Code?

What date do you allege the breach occurred? How do you allege the breach occurred? ......................................................................................................................................................................

......................................................................................................................................................................

......................................................................................................................................................................

......................................................................................................................................................................

......................................................................................................................................................................

......................................................................................................................................................................

Attach additional sheets to this complaint form if required. Were there any witnesses to the alleged breach? Yes No Are the witnesses willing to provide information to assist in resolving the complaint? Yes No

If so, what are the name(s) and contact details of the witness(es)?

Witness No 1 Name:

Contact Details:

Witness No 1 Name:

Contact Details: Have you attached all relevant and additional information which may assist in resolving the complaint? Yes No

Complainant's Signature:

Full Name:

Telephone Contact

Email:

Date:

COUNCIL MEETING

28 AUGUST 2018

ATTACHMENT 2 OF 2 TO ITEM 10.4

TOWN OF CAMBRIDGE CODE OF CONDUCT - REVIEW AND ADOPTION

CODE OF CONDUCT

FOR

COUNCIL MEMBERS, COMMITTEE MEMBERS, EMPLOYEES AND CONTRACTORS

Date of Council Adoption: 28 August 2008 Date Reviewed / Amended 23 August 2018

i

CONTENTS 1. INTRODUCTION: ............................................................................................................... 1

2. STATUTORY ENVIRONMENT ............................................................................................. 2

2.1 RULES OF CONDUCT .................................................................................................. 2 2.2 REVIEW: ................................................................................................................. 2 2.3 DEFINITIONS: ........................................................................................................... 2

3. VALUES, PRINCIPLES AND BEHAVIOUR .............................................................................. 4

3.1 ORGANISATIONAL VALUES .......................................................................................... 4 3.2 PRINCIPLES .............................................................................................................. 4

4. ROLES .............................................................................................................................. 5

4.1 ROLE OF COUNCIL MEMBER ........................................................................................ 5 4.2 ROLE OF EMPLOYEES ................................................................................................. 6 4.3 ROLE OF COUNCIL ..................................................................................................... 6 4.4 RELATIONSHIPS BETWEEN COUNCIL MEMBERS AND EMPLOYEES ........................................... 6 4.5 APPOINTMENTS TO COMMITTEES ................................................................................. 7

5. PROFESSIONAL CONDUCT ................................................................................................. 9

5.1 FRAUDULENT AND CORRUPT CONDUCT .......................................................................... 9 5.2 PERFORMANCE OF DUTIES .......................................................................................... 9

6. CONFLICT AND DISCLOSURE OF INTEREST ....................................................................... 10

6.1 GUIDING PRINCIPLES ............................................................................................... 10 6.2 CONFLICT OF INTEREST ............................................................................................. 10 6.3 FINANCIAL INTEREST ................................................................................................ 10 6.4 IMPARTIALITY INTERESTS FOR EMPLOYEES ..................................................................... 11 6.6 DISCLOSURE OF INTEREST .......................................................................................... 12

7. PERSONAL BENEFIT......................................................................................................... 14

7.1 USE OF CONFIDENTIAL INFORMATION .......................................................................... 14 7.2 INTELLECTUAL PROPERTY .......................................................................................... 14 7.3 IMPROPER OR UNDUE INFLUENCE ............................................................................... 14

8. DECLARATION OF GIFTS .................................................................................................. 15

8.1 GIFTS FROM PERSONS HAVING DEALINGS WITH THE TOWN ............................................... 15 8.2 NOTIFIABLE GIFTS ................................................................................................... 16 8.3 PROHIBITED GIFTS .................................................................................................. 18 8.4 REGISTER OF NOTIFIABLE GIFTS AND PROHIBITED GIFTS ................................................... 18

9. DECLARATION OF OTHER GIFTS AND CONTRIBUTIONS TO TRAVEL: COUNCIL MEMBERS AND DESIGNATED EMPLOYEES ............................................................................................... 20

9.1 GIFTS AND CONTRIBUTIONS TO TRAVEL ........................................................................ 20

10. CONDUCT OF COUNCIL MEMBERS, COMMITTEE MEMBERS AND EMPLOYEES .................. 24

10.1 PERSONAL BEHAVIOUR ............................................................................................ 24 10.2 BEHAVIOUR AT COUNCIL AND COMMITTEE MEETINGS ..................................................... 24 10.3 HARASSMENT ........................................................................................................ 24 10.4 HONESTY AND INTEGRITY .......................................................................................... 25 10.5 NO ADVERSE REFLECTION ON COUNCIL DECISION ........................................................... 25 10.6 PERFORMANCE OF DUTIES ........................................................................................ 25 10.7 COMPLIANCE WITH LAWFUL ORDERS ........................................................................... 25 10.8 ADMINISTRATIVE AND MANAGEMENT PRACTICES ........................................................... 25 10.9 CORPORATE OBLIGATIONS ........................................................................................ 25 10.10 ALCOHOL AND DRUGS .............................................................................................. 26

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11. INFORMATION AND COMMUNICATION .......................................................................... 27

11.1 ACCESS TO INFORMATION ........................................................................................ 27 11.2 ACCESS TO INFORMATION – PERSONAL INTEREST ........................................................... 27 11.3 IMPROPER USE OF INFORMATION ............................................................................... 27 11.4 CONFIDENTIAL INFORMATION .................................................................................... 27 11.5 COMMUNICATION AND PUBLIC RELATIONS ................................................................... 28 11.6 EXPRESSION OF PERSONAL VIEWS ............................................................................... 29 11.7 SOCIAL MEDIA ....................................................................................................... 29 11.8 LOBBYING ............................................................................................................. 30 11.9 INAPPROPRIATE LOBBYING ........................................................................................ 30 11.10 CONTACT WITH DEVELOPERS ..................................................................................... 31

12. DEALING WITH COUNCIL PROPERTY ................................................................................ 32

12.1 USE OF LOCAL GOVERNMENT RESOURCES ..................................................................... 32 12.2 TRAVELLING AND SUSTENANCE EXPENSES ..................................................................... 32

13. BREACHING THIS CODE ................................................................................................... 33

13.1 BREACHES OF THE CODE BY EMPLOYEES OR CONTRACTORS ............................................... 33 13.2 BREACHES OF THIS CODE BY COUNCIL MEMBERS AND COMMITTEE MEMBERS ....................... 33 13.4 PUBLIC INTEREST DISCLOSURE ACT 2003 ...................................................................... 34 13.5 PROTECTION OF PERSONS REPORTING UNACCEPTABLE OR ILLEGAL BEHAVIOUR ..................... 35 13.6 WHISTLE BLOWER PROTECTION ................................................................................. 35

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1. INTRODUCTION: The Council of the Town of Cambridge is the elected body responsible for the administration of the Town in the best interests of its ratepayers and residents. The Council is committed to providing open, responsive and accountable government. Section 103 of the Local Government Act 1995 requires every Western Australian Local Government to prepare and adopt a Code of Conduct to be observed by Council Members, Committee Members and Employees. The Model Code of Conduct provides Council Members, Committee Members, Employees and contractors in the Town of Cambridge with consistent guidelines for an acceptable standard of professional conduct and behaviour in carrying out their functions and responsibilities. The Code addresses, in a concise manner, the broader issue of ethical responsibility and encourages greater transparency and accountability in individual Local Governments. The Code of Conduct is complementary to the principles adopted in the Local Government Act 1995 and Regulations which incorporates four fundamental aims to result in:- better decision-making by local governments; greater community participation in the decisions and affairs of local governments; greater accountability of local governments to their communities; and more efficient and effective local government. The Code provides a guide and a basis of expectations for Council Members, Committee Members and Employees. It encourages a commitment to ethical and professional behaviour and outlines principles in which individual and collective Town responsibilities may be based. The Code should be read in conjunction with the Local Government Act 1995, the Local Government (Rules of Conduct) Regulations 2007, and other legislation that affect Council Members, Committee Members and Employees, and the Code does not override or affect those provisions or requirements. The Code applies to all Council Members, Committee Members, Employees and Contractors at the Town.

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2. STATUTORY ENVIRONMENT The Town of Cambridge Code observes statutory requirements of the Local Government Act 1995 (Section 5.103 – Codes of Conduct), Local Government (Rules of Conduct) Regulations 2007 and Local Government (Administration) Regulations 1996. 2.1 Rules of Conduct Council Members acknowledge their activities, behaviour and statutory compliance obligations may be scrutinised in accordance with prescribed Rules of Conduct as described in the Local Government Act 1995 and Local Government (Rules of Conduct) Regulations 2007. The local community and the public in general is entitled to expect that: The business of the Town will be conducted with efficiency, impartiality and integrity; Council Members and Employees will obey the spirit and the letter of the law and, in

particular, the provisions of all relevant State and Federal legislation, local laws, regulations and instruments;

Duty to the public will always be given absolute priority over the private interests of Council Members and Employees;

The business of the Council will be conducted in a spirit of good will and co-operation, with the individual rights and integrity of all Council Members being respected.

The Code outlines those responsibilities and behaviours that need to be observed to retain the good faith and trust of all parties involved. It does not override or affect the legislation applicable to Local Government. It provides a guide and a basis of expectations for Council Members, Committee Members and Employees, and encourages a commitment to ethical, professional and cooperative behaviour. 2.2 Review: In order to ensure that the Code remains current and relevant, it will be reviewed and presented to Council for re-adoption no more than three months after each Ordinary Council Election. 2.3 Definitions: In this Code, unless the contrary appears:

‘Act’ means the Local Government Act 1995. ‘Code’ means this Town of Cambridge Code of Conduct adopted by the Council. ‘Breach’ means a breach of the Code. ‘CEO’ means the Chief Executive Officer of the Town. ‘Committee’ means a Committee established by the Council under Section 5.8 of the Local Government Act 1995. ‘Contractor’ means a person engaged by the Town.

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‘Confidential document’ means a document either: (a) Marked by the CEO to clearly show the information in the document is not to

be disclosed; (b) Provided at a meeting closed to the public; or (c) Designated confidential by resolution of Council or Committee. “Council” means the Council of the Town. “Council Member” has the same meaning as 'Member' under the Local Government Act 1995. “Employee” means a person employed by the Town. "Designated Employee" has the same meaning as set out in Section 5.74 of the Local Government Act 1995. “Social media” includes: social networking sites, video and photo sharing sites, blogs, microblogs, wikis, online collaboration forums, instant messaging, geo-spatial tagging. ‘Town’ means the Town of Cambridge. ‘Regulation’ means the Local Government (Rules of Conduct) Regulations 2007. Words prescribed in the Act and Regulations are applicable in this Code of Conduct.

Statutory References: Criminal Code Act Compilation Act 1913 Corruption, Crime and Misconduct Act 2003. Equal Opportunity Act 1984. Freedom of Information Act 1992. Local Government Act 1995. Local Government (Administration) Regulations 1996. Local Government (Financial Management) Regulations 1996. Local Government (Rules of Conduct) Regulations 2007. Occupational Safety and Health Act 1984. Public Interest Disclosure Act 2003. Public Sector Management Act 1994. Public Service Act 1999 (Commonwealth). Sex Discrimination Act 1984.

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3. VALUES, PRINCIPLES AND BEHAVIOUR 3.1 Organisational Values The organisational values and culture are an important part of working at the Town. Council Members, Committee Members, Employees and Contractors are expected to work within Town's values and display the following behaviours: Friendly and Helpful: We value our community members and will assist them in the best way we can. Teamwork: We believe teamwork is essential for improving our services and achieving our goals. Creativity: We can improve the way we do business by challenging the status quo. Integrity: We will act responsibly, place trust in each other, and will be accountable for our

actions. 3.2 Principles For the purposes of the Code, the following principles as set out in the Local Government (Rules of Conduct) Regulations 2007 are a guide to the conduct and behaviour expected from a Council Member, Committee Member, Employee or Contractor: (a) Act with reasonable care and diligence; (b) Act with honesty and integrity; (c) Act lawfully; (d) Avoid damage to the reputation of the Town; (e) Be open and accountable to the public; (f) Ensure they are as informed as possible about matters relating to their role; (g) Base decisions on relevant and factually correct information; (h) Treat others with respect and fairness; and (i) Not be impaired by mind affecting substances. Council Members, Committee Members, Employees and Contractors must avoid conduct and behaviour that: (a) Contravenes the Local Government Act 1995 and the Town’s relevant administrative

requirements; (b) Is improper or unethical; (c) Is an abuse of power or otherwise amounts to misconduct; (d) Causes, comprises or involves intimidation, harassment or verbal abuse; (e) Causes, comprises or involves discrimination or adverse treatment in relation to

employment; and (f) Causes, comprises or involves prejudice in the provision of a service to the

community.

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4. ROLES 4.1 Role of Council Member The primary role of a Council Member is to represent the community, and to enable the effective translation of the community’s needs and aspirations into a direction and future for the Local Government will be the focus of the Council Member’s public life. The role of Council Members, as set out in Sections 2.8 and 2.10 of the Local Government Act 1995 and relevantly provides: follows:-

"2.8 Role of mayor or president (1) The mayor or president - (a) presides at meetings in accordance with this Act; and (b) provides leadership and guidance to the community in the

district; and (c) carries out civic and ceremonial duties on behalf of the local

government; and (d) speaks on behalf of the local government; and (e) performs such other functions as are given to the mayor or

president by this Act or any other written law; and (f) liaises with the CEO on the local government's affairs and the

performance of its functions. (2) Section 2.10 applies to a councillor who is also the mayor or president

and extends to a mayor or president who is not a councillor." "2.10 Role of councillors A Councillor:- (a) represents the interests of electors, ratepayers and residents of the

district; (b) provides leadership and guidance to the community in the district; (c) facilitates communication between the community and the council; (d) participates in the local government’s decision-making processes at

council and committee meetings; and (e) performs such other functions as are given to a Councillor by this Act or

any other written law.” A Council Member is part of the team in which the community has placed its trust to make decisions on its behalf, and the community is therefore entitled to expect high standards of conduct from Council Members. In fulfilling the various roles, Council Members' activities will focus on:- achieving a balance in the diversity of community views to develop an overall strategy

for the future of the community; achieving sound financial management and accountability in relation to the Town's

finances; ensuring that appropriate mechanisms are in place to deal with the prompt handling of

residents’ concerns; working with other governments and organisations to achieve benefits for the

community at both a local and regional level; having an awareness of the statutory obligations imposed on Council Members, the

Town and on local governments more generally.

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In carrying out its functions the Town is to use its best endeavours to meet the needs of current and future generations through an integration of environmental protection, social advancement and economic prosperity. 4.2 Role of Employees The role of Employees and Contractors is determined by the functions of the Chief Executive Officer, as set out in Section 5.41 of the Local Government Act 1995:-

“The Chief Executive Officer’s functions are to:- (a) advise the council in relation to the functions of a local government under this

Act and other written laws; (b) ensure that advice and information is available to the council so that informed

decisions can be made; (c) cause council decisions to be implemented; (d) manage the day to day operations of the local government; (e) liaise with the mayor or president on the local government’s affairs and the

performance of the local government’s functions; (f) speak on behalf of the local government if the mayor or president agrees; (g) be responsible for the employment, management, supervision, direction and

dismissal of other Employees (subject to S 5.37(2) in relation to senior Employees);

(h) ensure that records and documents of the local government are properly kept for the purposes of this Act and any other written law; and

(i) perform any other function specified or delegated by the local government or imposed under this Act or any other written law as a function to be performed by the Chief Executive Officer.”

4.3 Role of Council The Role of the Council is provided in Section 2.7 of the Local Government Act 1995:-

“(1) The council — (a) directs and controls the local government’s affairs; and (b) is responsible for the performance of the local government’s functions. (2) Without limiting subsection (1), the council is to:- (a) oversee the allocation of the local government’s finances and resources;

and (b) determine the local government’s policies.”

4.4 Relationships between Council Members and Employees An effective Councillor will work as part of the Council team with the Chief Executive Officer and other Employees and Contractors. That teamwork will only occur if Council Members and Employees have a mutual respect and co-operate with each other to achieve the Council’s corporate goals and implement the Council’s strategies. To achieve that position, Council Members need to observe their statutory obligations, which include, but are not limited to, the following:-

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(a) accept that their role is a leadership, not a management or administrative, one; (b) acknowledge that they have no capacity to individually direct Employees to carry out

particular functions; (c) refrain from directing, or attempting to direct, Employees and Contractors; (d) refrain from publicly criticising the CEO, Employees or Contractors in a way that casts

aspersions on their professional competence and credibility; and (e) ensure that no restriction or undue influence is placed on the ability of Employees or

Contractors to give professional advice. 4.5 Appointments to Committees As part of their representative role, Council Members, Committee Members and Employees often represent the Council on external organisations. It is important that Council Members, Committee Members, Employees and Contractors (if applicable):- (a) clearly understand the basis of their appointment; (b) if appropriate, provide reports on the activities of the external organisation; and (c) represent the Town’s interests on all matters relating to that external organisation

while maintaining any confidentiality requirements of the Town. Regulations 9 and 10 of the Local Government (Rules of Conduct) Regulations 2007 apply to Council Members in respect of involvement in the Town's administration and relationships with Employees:

“9. Prohibition Against Involvement in Administration (1) A person who is a Council Member must not undertake a task that contributes to the

administration of the local government unless authorised by the council or by the Chief Executive Officer to undertake that task.

(2) Subregulation (1) does not apply to anything that a Council Member does as part of

the deliberations at a council or committee meeting.” “10. Relations with Local Government Employees (1) A person who is a Council Member must not — (a) direct or attempt to direct a person who is a local government Employee to do

or not to do anything in the person’s capacity as a local government Employee; or

(b) attempt to influence, by means of a threat or the promise of a reward, the

conduct of a person who is a local government Employee in the person’s capacity as a local government Employee.

(2) Subregulation (1) does not apply to anything that a Council Member does as part of

the deliberations at a council or committee meeting. (3) If a person, in his or her capacity as a Council Member, is attending a Council

Meeting, Committee Meeting or other organised event and members of the public are present, the person must not, either orally, in writing or by any other means —

(a) make a statement that a local government Employee is incompetent or

dishonest; or

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(b) use offensive or objectionable expressions in reference to a local government Employee.

(4) Subregulation (3)(a) does not apply to conduct that is unlawful under The Criminal

Code, Chapter XXXV.”

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5. PROFESSIONAL CONDUCT As Council Members, Committee Members, Employees, and Contractors, high standards of professional conduct ensure that a positive image of the Town is conveyed when the Town interacts with its stakeholders and the community. The conduct displayed should encourage fair, equitable and lawful operation of the Town. 5.1 Fraudulent and Corrupt Conduct Fraud is a dishonest activity that causes actual or potential financial loss to any person or the Town, or results in a personal benefit, by deception or other means. Corrupt conduct is behaviour that lacks virtue or integrity, including when a Council Member, Committee Member, Employee or Contractor uses or attempts to use their position for personal advantage. The Criminal Code makes it illegal for a public officer (including an Employee, Contractor, Council Member or Committee Member) to engage in fraud and/or corruption. 5.2 Performance of Duties Council Members, Committee Members, Employees and Contractors have a legal duty of fidelity to act in the best interests of the Town. While on duty, Employees and Contractors must give their time and attention to the Town’s business, and ensure that their work is carried out efficiently and effectively, so that their standard of work reflects favourably both on them and on the Town. Council Members, Committee Members, Employees and Contractors must exercise reasonable care and diligence in the performance of their duties, being consistent in their decision-making and treating all matters on individual merits. Council Members and Committee Members will ensure they are as informed as possible to enable them to perform their role including attendance at meetings, briefings and workshops, and the CEO, Employees and Contractors must furnish Council Members with all information required for them to perform these duties.

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6. CONFLICT AND DISCLOSURE OF INTEREST 6.1 Guiding Principles The nature of the Town's business is conducive to conflicts of interests arising between a Council Member, Committee Member, Employee and Contractor's personal interests and the performance of their public or professional duties. Genuine or perceived conflicts of interests may arise from a number of sources, including friends, relatives, close associates, financial investments, past employment and the like. 6.2 Conflict of Interest (a) Council Members, Committee Members, Employees and Contractors will ensure that

there is no conflict of interest between their personal interests and the impartial fulfilment of their professional duties.

(b) Employees and Contractors must not engage in private work with or for any person or

body with an interest in a proposed or current contract with the Town, without first making disclosure to the Chief Executive Officer. In this respect, it does not matter whether advantage is in fact obtained, as any appearance that private dealings could conflict with performance of duties must be scrupulously avoided.

(c) The definition of outside employment includes paid employment with another

organisation, running a business, maintaining a professional practice or consultancy and being a director of an organisation. It may include voluntary activities if those activities have the potential to affect decisions made or actions taken in respect of employment with the Town.

(d) All Employees or Contractors who are considering engaging in employment outside

the Town (including employment during leave breaks) must seek written approval of the CEO before doing so.

(e) Council Members, Committee Members, Employees and Contractors will lodge written

notice with the Chief Executive Officer describing an intention to undertake a dealing in land within the Town or which may otherwise be in conflict with the Town's functions (other than purchasing their principal place of residence).

(f) Council Members, Committee Members, Employees and Contractors who exercise a

recruitment or other discretionary function will make disclosure before dealing with relatives or close friends and will disqualify themselves from dealing with those persons.

(g) Employees and Contractors will refrain from partisan political activities which could cast

doubt on their neutrality and impartiality in acting in their professional capacity. An individual’s rights to maintain their own political convictions are not impinged upon by this clause. It is recognised that such convictions cannot be a basis for discrimination and this is supported by anti- discriminatory legislation.

6.3 Financial Interest Council Members, Committee Members, Employees and Contractors must comply with the laws governing financial interests, including the disclosure of financial interests, set out in the Local Government Act 1995.

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Sections 5.59-5.90 of the Local Government Act 1995 establish the requirements for disclosure by Council Members, Committee Members, Employees and Contractors of financial interests (including proximity interests). The onus is on Council Members, Committee Members, Employees and Contractors to identify possible financial interests (including proximity interests and non-financial interests), to determine whether an interest exists, and whether any statutory exemption applies. 6.4 Impartiality interests for Employees For the purposes of the Code, an impartiality interest means: “An interest that could, or could reasonably be perceived to, adversely affect the

impartiality of the person having the interest and includes an interest arising from kinship, friendship or membership of an association” (see Regulation 34(C)(1) of the Local Government (Administration) Regulations 1996)."

An ‘impartiality interest’ does not include a ‘financial interest’ that is subject to the requirements of the Local Government Act 1995. An Employee and Contractor who has an impartiality interest in any matter to be discussed at a Council or Committee Meeting attended by that person must disclose the nature of the impartiality interest: (a) in a written notice given to the CEO before the meeting; or (b) at the meeting immediately before the matter is discussed. In addition, an Employee or Contractor who has given, or will give, advice in respect of any matter to be discussed at a Council or Committee Meeting not attended by the Employee or Contractor must disclose the nature of any impartiality interest he or she has in the matter: (a) in a written notice given to the CEO before the meeting; or (b) at the time the advice is given. An Employee or Contractor is excused from the requirement to disclose an impartiality interest if the failure to disclose occurs because the person: (a) did not know he or she had an impartiality interest in the matter; or (b) did not know the matter in which he or she had an impartiality interest would be

discussed at the meeting and the person discloses the nature of the impartiality interest as soon as possible after becoming aware of the discussion of that matter.

Regulation 11 of the Local Government (Rules of Conduct) Regulations 2007 contain the provisions relating to Council Members disclosing impartiality interests: 11. Disclosure of Interest (1) In this Regulation - Interest means an interest that could, or could reasonably be perceived to, adversely

affect the impartiality of the person having the interest and includes an interest arising from kinship, friendship or membership of an association.

(2) A person who is a Council Member and who has an interest in any matter to be

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discussed at a Council or Committee Meeting attended by the Member must disclose the nature of the interest -

(a) in a written notice given to the Chief Executive Officer before the meeting; or (b) at the meeting immediately before the matter is discussed. (3) Subregulation (2) does not apply to an interest referred to in Section 5.60 of the Act. (4) Subregulation (2) does not apply if - (a) a person who is a Council Member fails to disclose an interest because the

person did not know he or she had an interest in the matter; or (b) a person who is a Council Member fails to disclose an interest because the

person did not know the matter in which he or she had an interest would be discussed at the meeting and the person disclosed the interest as soon as possible after the discussion began.

(5) If, under Subregulation (2)(a), a person who is a Council Member discloses an interest

in a written notice given to the Chief Executive Officer before a meeting then - (a) before the meeting the Chief Executive Officer is the cause the notice to be

given to the person who is to preside at the meeting; and (b) at the meeting the person presiding is to bring the notice and its contents to the

attention of the persons present immediately before a matter to which the disclosure relates is discussed.

(6) If - (a) under Subregulation (20(b) or (4)(b) a person's interest in a matter is disclosed

at a meeting; or (b) under Subregulation (5)(b) notice of a person's interest in a matter is brought to

the attention of the persons present at a meeting; The nature of the interest is to be recorded in the minutes of the meeting. 6.5 Disclosure of Information in Returns Council Members and Designated Employees must provide primary and annual returns in accordance with the requirements of Division 6 of Part 5 of the Local Government Act 1995. 6.6 Disclosure of Interest Definition:- In this Clause, and in accordance with Regulation 34C of the Local Government (Administration) Regulations 1996:- "interest" means an interest that could, or could reasonably be perceived to, adversely affect the

impartiality of the person having the interest and includes an interest arising from kinship, friendship, or membership of an association.

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(a) A person who is an Employee or Contractor and who has an interest in any matter to be discussed at a Council or Committee Meeting attended by the person is required to disclose the nature of the interest:-

(i) in a written notice given to the CEO before the Meeting; or (ii) at the Meeting immediately before the matter is discussed. (b) A person who is an Employee or Contractor and who has given, or will give, advice in

respect of any matter to be discussed at a Council or Committee Meeting not attended by the person is required to disclose the nature of any interest the person has in the matter:-

(i) in a written notice given to the CEO before the Meeting; or (ii) at the time the advice is given. (c) A requirement described under items (a) and (b) exclude an interest referred to in

Section 5.60 of the Local Government Act 1995. (d) A person is excused from a requirement made under items (a) or (b) to disclose the

nature of an interest if:- (i) the person's failure to disclose occurs because the person did not know he or

she had an interest in the matter; or (ii) the person's failure to disclose occurs because the person did not know the

matter in which he or she had an interest would be discussed at the meeting and the person discloses the nature of the interest as soon as possible after becoming aware of the discussion of a matter of that kind.

(e) If a person who is an Employee or Contractor makes a disclosure in a written notice

given to the CEO before a meeting to comply with requirements of items (a) or (b), then:-

(i) before the meeting the CEO is to cause the notice to be given to the person who is to preside at the meeting; and

(ii) immediately before a matter to which the disclosure relates is discussed at the meeting the person presiding is to bring the notice and its contents to the attention of the persons present.

(f) If:- (i) to comply with a requirement made under item (a), the nature of a person's

interest in a matter is disclosed at a meeting; or (ii) a disclosure is made as described in item (d)(ii) at a meeting; or (iii) to comply with a requirement made under item (e)(ii), a notice disclosing the

nature of a person's interest in a matter is brought to the attention of the persons present at a meeting,

the nature of the interest is to be recorded in the minutes of the meeting.

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7. PERSONAL BENEFIT 7.1 Use of Confidential Information Council Members, Committee Members, Employees and Contractors will not use confidential documents or confidential information to gain improper advantage for themselves or for any other person or body, in ways which are inconsistent with their obligation to act impartially and in good faith, or to improperly cause harm or detriment to any person or organisation. 7.2 Intellectual Property The title to intellectual property in all duties relating to contracts of employment will be assigned to the Town upon its creation unless otherwise agreed by separate contract. 7.3 Improper or Undue Influence Council Members, Employees and Contractors will not take advantage of their position to improperly influence other Council Members, Employees or Contractors in the performance of their duties or functions, in order to gain undue or improper (direct or indirect) advantage or gain for themselves or for any other person or body. Council Members must ensure their conduct does not give rise to any influence over the manner in which Employees and Contractors perform their duties or functions.

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8. DECLARATION OF GIFTS 8.1 Gifts from Persons having Dealings with the Town General Provisions For the purposes of the Code, a "gift" has the meaning set out in Section 5.82(4) of the Local Government Act 1995 as follows:

“Any disposition of property, or the conferral of any other financial benefit, made by one person in favour of another otherwise than by will (whether with or without an instrument in writing), without consideration in money or money’s worth passing from the person in whose favour it is made to the other, or with such consideration so passing if the consideration is not fully adequate, but does not include any financial or other contribution to travel.”

There are two key elements to the definition of a "gift". These are: 1. the disposition of property, or the conferral of any other financial benefit; and 2. the absence of ‘consideration’, or anything less than ‘fully adequate’ consideration,

(in terms of money or money’s worth) passing from the recipient to the donor. However, a gift does not include a gift from a relative as defined in Section 5.74(1) of the Local Government Act 1995. Section 5.74(1) of the Local Government Act 1995 states the following:

relative, in relation to a Relevant Person, means any of the following —

(a) a parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descendant of the Relevant Person or of the Relevant Person’s spouse or de facto partner;

(b) the Relevant Person’s spouse or de facto partner or the spouse or de facto partner of

any relative specified in paragraph (a),

whether or not the relationship is traced through, or to, a person whose parents were not actually married to each other at the time of the person’s birth or subsequently, and whether the relationship is a natural relationship or a relationship established by a written law.

Council Members, Employees and Contractors must not seek (either directly or indirectly) any immediate or future gift (including any financial benefit, reward, donation or hospitality) for themselves, or for any other person or body, as a result of their role at the Town. If a gift is offered from a foreign dignitary, the gift should be accepted politely on behalf of the Town, and provided to the CEO at the first possible opportunity. At the CEO's discretion, these gifts will be placed in an appropriate location within the Town, and/or registered in the Town's memorabilia collection. The value of a gift can be estimated if the Council Member, Employee or Contractor believes its value is low. However, if it is believed its value approaches the thresholds detailed in this Code or the Local Government (Rules of Conduct) Regulations 2007, the precise value of the gift should be ascertained before accepting to ensure compliance with this Code and the Local Government (Rules of Conduct) Regulations 2007.

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It is also important to ensure that the full value of the gift is taken into account including all hidden costs in association with acts of hospitality (for example, if invited to a box at a sporting event, the cost is not just the cost of an entry ticket but a proportion of the cost of the box and the hospitality provided). It would also include the cost of the attendance of a partner or guest at an event, should that person be invited to accompany the Town's representative. Section 5.82 of the Local Government Act 1995 contains the requirements for the disclosure of gifts for Council Members and Designated Employees (termed a “Relevant Person”) as follows:

5.82. Gifts (1A) A Relevant Person is to disclose each gift received by the person. (1B) The disclosure is to be made in writing to the Chief Executive Officer. (1C) The disclosure is to be made within 10 days of receipt of the gift by the Relevant

Person. (1) The disclosure is to include the following — (a) a description of the gift; (b) the name and address of the person who made the gift; (c) the date on which the give was received; (d) the estimated value of the gift at the time it was made; (e) the nature of the relationship between the Relevant Person and the person

who made the gift. (2) Nothing in this Subdivision requires a Relevant Person to disclose a gift received by

the person if — (a) the amount of the gift did not exceed the prescribed amount unless —

(i) the gift was one of two or more gifts made by one person at any time during a year; and

(ii) the sum of those two or more gifts exceeded the prescribed amount; or

(b) the donor was a relative of the person.

(3) For the purposes of this section, the amount of a gift comprising property, other than

money, or the conferral of a financial benefit is to be treated as being an amount equal to the value of the property or the financial benefit at the time the gift was made.

(4) In this section — Gift means any disposition of property, or the conferral of any other financial benefit,

made by one person in favour of another otherwise than by will (whether with or without an instrument in writing), without consideration in money or money’s worth passing from the person in whose favour it is made to the other, or with such consideration so passing if the consideration is not fully adequate, but does not include any financial or other contribution to travel.

8.2 Notifiable Gifts A Council Member or Designated Employee may accept a ‘Notifiable Gift’ from a person who:

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(a) is undertaking or seeking to undertake an activity involving the Town's discretion; or (b) it is reasonable to believe is intending to undertake an activity involving a local

government discretion; provided that within 10 days of accepting a Notifiable Gift, the Council Member or Designated Employee notifies the CEO in writing of the acceptance of a Notifiable Gift, which notice must include the following information: (a) the name of the person who gave the gift; (b) the date on which the gift was accepted; (c) a description, and the estimated value, of the gift; (d) the nature of the relationship between the person who is an Employee and the person

who gave the gift; and (e) if the gift is a Notifiable Gift under (ii) of the definition of a Notifiable Gift (whether or

not it is also a Notifiable Gift under (i) of that definition): (i) a description; (ii) the estimated value; (iii) the date of acceptance, of each other gift accepted within the six-month

period. Designated Employees, other than the CEO, Directors and Managers, must not accept any act of hospitality that constitutes a “Notifiable Gift” (such as meals and lunches), without prior approval of the CEO or a Director, as appropriate. Any approval must be recorded in the Town's record keeping system. It is advisable that the details of any gift received from a person is recorded (either as a required notification or as a personal note) in case that same person provides two or more gifts within a six-month period, which may put the aggregated value of all gifts received between the $50.00 and $300.00 value threshold. Any Notifiable Gift’ received by a Designated Employee between the value of $200.00 and $300.00 will also be required to be disclosed in accordance with the requirements set out in Section 5.82 of the Local Government Act 1995 (see “Declaration of other Gifts and Contributions to Travel: Council Members and Designated Employees” section of this Code). (a) a Notifiable Gift means: (i) a gift worth between $50.00 and $300.00; or (ii) a gift that is one of two or more gifts given to a Council Member, Committee

Member or Designated Employee by the same person within a period of six months that are in total worth between $50.00 and $300.00;

(b) activity involving a local government discretion is an activity: (i) that cannot be undertaken without an authorisation from the Town; or (ii) by way of a commercial dealing with the Town; (c) a gift has the meaning set out in Section 5.82(4) of the Local Government Act 1995

except that it does not include: (i) a gift from a relative, as defined in Section 5.74(1) of the Local Government

Act 1995; (ii) a gift that must be disclosed under Regulation 30B of the Local Government

(Elections) Regulations 1997;

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(iii) a gift from a statutory authority, government instrumentality or non-profit association for professional training;

or (iv) a gift from the Western Australian Local Government Association (WALGA),

the Australian Local Government Association (ALGA) Limited (ABN 31 008 613 876) or Local Government Professionals Australia WA (formerly the Local Government Managers Australia WA Division Incorporated) (ABN 91208 607 072).

8.3 Prohibited Gifts A Council Member or Designated Employee must not accept a Prohibited Gift from a person who: (a) is undertaking or seeking to undertake an activity involving a local government

discretion; or (b) it is reasonable to believe is intending to undertake an activity involving a local

government discretion. (a) a Prohibited Gift means: (i) a gift worth $300.00 or more; or (ii) a gift that is one of two or more gifts given to the Council Member or

Designated Employee by the same person within a period of 6 months that are in total worth $300.00 or more.

(b) activity involving a local government discretion is an activity: (i) that cannot be undertaken without an authorisation from the Town; or (ii) by way of a commercial dealing with the Town. (c) a gift has the meaning set out in Section 5.82(4) of the Local Government Act 1995,

except that it does not include: (i) a gift from a relative as defined in Section 5.74(1) of the Local Government Act

1995; (ii) a gift that must be disclosed under Regulation 30B of the Local Government

(Elections) Regulations 1997; (iii) a gift from a statutory authority, government instrumentality or non-profit

association for professional training; or (iv) a gift from the Western Australian Local Government Association (WALGA)

(ABN 31 008 613 876), or Local Government Professionals Australia WA (formerly the Local Government Managers Australia WA Division Incorporated) (ABN 91208 607 072).

Any gift valued at $300.00 or more should be declined. 8.4 Register of Notifiable Gifts and Prohibited Gifts The CEO must maintain a register of notifiable gifts and record any details of notifications given to comply with the requirement of the Code and the Local Government (Rules of Conduct) Regulations 2007.

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For better transparency Council Members and Designated Employees are encouraged to record the required details of any gifts declined in the register. 12. Gifts (1) In this Regulation — activity involving a local government discretion means an activity — (a) that cannot be undertaken without an authorisation from the local government; or (b) by way of a commercial dealing with the local government. gift has the meaning given to that term in Section 5.82(4) of the Act, except that it does not

include — (a) a gift from a relative as defined in Section 5.74(1) of the Act; or (b) a gift that must be disclosed under Regulation 30B of the Local Government

(Elections) Regulations 1997; or (c) a gift from a statutory authority, government instrumentality or non-profit association

for professional training; or (d) a gift from the Western Australian Local Government Association (WALGA), the

Australian Local Government Association (ALGA) Limited (ABN 31 008 613 876) or the Local Government Professionals Australia WA (formerly the Local Government Managers Australia WA Division Incorporated) (ABN 91208 607 072).

Notifiable Gift, in relation to a person who is a Council Member, means — (a) a gift worth between $50.00 and $300.00; or (b) a gift that is one of two or more gifts given to the Council Member by the same person

within a period of six months that are in total worth between $50.00 and $300.00. Prohibited Gift, in relation to a person who is a Council Member, means — (a) a gift worth $300.00 or more; or (b) a gift that is one of two or more gifts given to the Council Member by the same person

within a period of six months that are in total worth $300.00 or more. (2) A person who is a Council Member must not accept a Prohibited Gift from a person — (a) who is undertaking or seeking to undertake; or (b) who it is reasonable to believe is intending to undertake; an activity involving a local government discretion. (3) A person who is a Council Member and who accepts a Notifiable Gift from a person — (a) who is undertaking or seeking to undertake; or (b) who it is reasonable to believe is intending to undertake; an activity involving a local government discretion must, within 10 days of accepting the gift,

notify the CEO of the acceptance in accordance with subregulation (4). (4) Notification of the acceptance of a Notifiable Gift is to be in writing and is to include — (a) the name of the person who gave the gift; and (b) the date on which the gift was accepted; and (c) a description, and the estimated value, of the gift; and (d) the nature of the relationship between the person who is a Council Member and the

person who gave the gift; and (e) if the gift is a Notifiable Gift under paragraph (b) of the definition of “Notifiable Gift”

(whether or not it is also a Notifiable Gift under paragraph (a) of that definition) — (i) a description; and (ii) the estimated value; and (iii) the date of acceptance, of each other gift accepted within the six-month period. (5) The CEO must maintain a register of gifts in which details of notices received under

subregulation (4) are recorded.

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9. Declaration of other Gifts and Contributions to Travel: Council Members and Designated Employees

9.1 Gifts and Contributions to Travel Council Members and Designated Employees are also required to disclose certain gifts and contributions to travel in accordance with the requirements set out in Sections 5.82 and 5.83 of the Local Government Act 1995. A contribution to travel will be something that facilitates such a journey(s), and may include the following: Airline ticket price. Visa fees. Travel insurances. Accommodation. Section 5.83 of the Local Government Act 1995 contains the requirements for the disclosure of contributions to travel for Council Members and Designated Employees (termed a “relevant person”) as follows:

5.83. Contributions to travel (1A) A Relevant Person is to disclose each financial or other contribution that has been

made to any travel undertaken by the person. (1B) The disclosure is to be made in writing to the CEO. (1C) The disclosure is to be made within 10 days of receipt of the contribution by the

relevant person. (1) The disclosure is to include the following — (a) a description of the contribution; (b) the name and address of the person who made the contribution; (c) the date on which the contribution was received; (d) the estimated value of the contribution at the time it was made; (e) the nature of the relationship between the relevant person and the person who

made the contribution; (f) a description of the travel; (g) the date of travel. (2) Nothing in this Subdivision requires a relevant person to disclose a financial or other

contribution to any such travel undertaken by a person if — (a) the contribution was made from Commonwealth, State or local government

funds; or (b) the contribution was made by a relative of the person; or (c) the contribution was made in the ordinary course of an occupation of the

person which is not related to his or her duties as a Council Member or Employee; or

(d) the amount of the contribution did not exceed the prescribed amount unless — (i) the contribution was one of two or more contributions made by one

person at any time during a year; and (ii) the sum of those two or more contributions exceeded the prescribed

amount; or (e) the contribution was made by a political party of which the person was a

member and the travel was undertaken for the purpose of political activity of the party, or to enable the person to represent the party.

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(3) For the purposes of subsection (2)(d) the amount of a contribution (other than a financial contribution) is to be treated as being an amount equal to the value of the contribution at the time the contribution was made.

(4) In this section —

political party means a body or organisation, whether incorporated or

unincorporated, having as one of its objects or activities the promotion of the election to the Parliament of the Commonwealth or of the State of a candidate or candidates endorsed by it or by a body or organisation of which it forms part; and

travel includes accommodation incidental to a journey. The prescribed amount, for the purposes of Sections 5.82 and 5.83 of the Local Government Act 1995 is detailed in Regulations 25 and 26 of the Local Government (Administration) Regulations 1996 as follows:

25. Amount of gift prescribed (Act s. 5.82(2)(a))

(1) The amount of a gift prescribed for the purposes of Section 5.82(2)(a) is as follows —

(a) $500.00 for an annual return lodged under Section 5.76 before 1 January 2000;

(b) $200.00 for an annual return lodged under Section 5.76 during the period beginning on 1 January 2000 and ending immediately before commencement day;

(c) $200.00 for a disclosure made under section 5.82 on or after commencement day.

(2) In subregulation (1) —

Commencement Day means the day on which the Local Government

(Administration) Amendment Regulations 2016 regulation 7 comes into operation.

26. Amount of contribution to travel prescribed (Act s. 5.83(2)(d))

(1) The amount of a contribution to travel prescribed for the purposes of Section

5.83(2)(d) is as follows — (a) $500.00 for an annual return lodged under Section 5.76 before

1 January 2000; (b) $200.00 for an annual return lodged under Section 5.76 during the

period beginning on 1 January 2000 and ending immediately before commencement day;

(c) $200.00 for a disclosure made under Section 5.83 on or after commencement day.

(2) In Subregulation (1) —

Commencement Day means the day on which the Local Government

(Administration) Amendment Regulations 2016, Regulation 7 comes into operation.

Section 5.74(1) of the Local Government Act 1995 provides for the definition of a ‘relative’ as follows:

Relative, in relation to a relevant person, means any of the following —

(a) a parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descendant of the relevant person or of the Relevant Person’s spouse or de facto partner;

(b) the relevant person’s spouse or de facto partner or the spouse or de facto partner of any relative specified in paragraph (a);

whether or not the relationship is traced through, or to, a person whose parents were not actually married to each other at the time of the person’s birth or subsequently, and whether the relationship is a natural relationship or a relationship established by a written law.

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Under section 5.89A of the Local Government Act 1995 the Chief Executive Officer is to keep a register of gifts and contributions to travel made by Council Members and Designated Employees, and is to make that register available for public inspection and on the Town's website. Section 5.89A of the Local Government Act 1995 contains the requirements for the keeping of a Register for gifts and contributions for travel:

5.89A Register of gifts and contributions to travel (1) A Chief Executive Officer is to keep a Register of gifts and contributions to travel. (2) The Register is to contain a record of the disclosures made under Sections 5.82 and

5.83. (3) The Register is to be in the form that is prescribed (if any). (4) The chief Executive Officer is to make the Register available for public inspection. (5) The Chief Executive Officer is to publish the Register on the local government’s official

website. (6) As soon as practicable after a person ceases to be a person who is required under

Sections 5.82 or 5.83 to make a disclosure, the Chief Executive Officer is to remove from the Register all records relating to that person.

(7) Disclosures made under Sections 5.82 or 5.83 and removed from the Register under

Subsection (6) are, for a period of at least five years after the person who made the disclosure ceases to be a person required under Sections 5.82 or 5.83 to make a disclosure —

(a) to be kept by the chief Executive Officer; and (b) to be made available for public inspection.

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10. CONDUCT OF COUNCIL MEMBERS, COMMITTEE MEMBERS AND EMPLOYEES

10.1 Personal Behaviour (a) Council Members, Committee Members, Employees and Contractors will:- (i) act, and be seen to act, properly and in accordance with the requirements of the

law and the terms of this Code; (ii) perform their duties impartially and in the best interests of the Town

uninfluenced by fear or favour; (iii) act in good faith (ie honestly, for the proper purpose, and without exceeding

their powers) in the interests of the Town and the community; (iv) make no allegations which are improper or derogatory (unless true and in the

public interest) and refrain from any form of conduct, in the performance of their official or professional duties, which may cause any reasonable person unwarranted offence or embarrassment; and

(v) always act in accordance with their obligation of fidelity to the Town. (b) Council Members, Committee Members, Employees and Contractors are not to reflect

adversely upon the character or actions of another Member or officer nor use offensive or objectionable language or expressions in reference to any Council or Committee Member, Employee, Contractor or any other person.

(c) Council Members will represent and promote the interests of the Town, while

recognising their special duty to their own constituents. 10.2 Behaviour at Council and Committee Meetings (a) Council Members must at all times show respect towards other Council Members; (b) Behaviour such as:- (i) communicating with members of the public during debate, except as provided

in Standing Orders; (ii) passing copious notes between Council Members (to be kept to a minimum);

and (iii) turning one’s back to the Council; is unacceptable for Council Members. (c) Council Members will show respect to other Council Members during Council and

Committee Meetings and not interrupt or interject when a Council Member is speaking, other than in accordance with Standing Orders.

10.3 Harassment Harassment of Council Members, Employees and Contractors is not tolerated. Harassment can take the form of physical, verbal or non-verbal conduct which is unwarranted by the individual targeted. Forms of harassment can be based on grounds of race, sexual or bullying, etc. The Town has detailed policies in regard to this matter that can be used as a guide for Council and Committee Members, Employees and Contractors.

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10.4 Honesty and Integrity Council Members, Committee Members, Employees and Contractors will:- (a) observe the highest standards of honesty and integrity, and avoid conduct which might

suggest any departure from these standards; (b) bring to the notice of the Mayor, any dishonesty or possible dishonesty on the part of

any other Council Member, and in the case of an Employee or Contractor to the CEO; (c) be frank and honest in their official dealing with each other. 10.5 No Adverse Reflection on Council Decision A Council Member is not to reflect adversely upon a decision of the Council except on a motion that the decision be revoked or changed. 10.6 Performance of Duties (a) While on duty, Employees and Contractors will give their whole time and attention to

the Town's business and ensure that their work is carried out efficiently, economically and effectively, and that their standard of work reflects favourably both on them and on the Town.

(b) Council Members and Committee Members will at all times exercise reasonable care

and diligence in the performance of their duties, being consistent in their decision making but treating all matters on individual merits. Council Members and Committee Members will be as informed as possible about the functions of the Council, and treat all members of the community honestly and fairly.

10.7 Compliance with Lawful Orders (a) Council Members, Committee Members, Employees and Contractors will comply with

any lawful order given by any person having authority to make or give such an order, with any doubts as to the propriety of any such order being taken up with the superior of the person who gave the order, and if resolution cannot be achieved, with the CEO.

(b) Council Members, Committee Members, Employees and Contractors will give effect to

the lawful policies of the Town, whether or not they agree with or approve of them. 10.8 Administrative and Management Practices Council Members, Committee Members, Employees and Contractors will ensure compliance with proper and reasonable administrative practices and conduct, and professional and responsible management practices. 10.9 Corporate Obligations (a) Standard of Dress Council Members, Committee Members, Employees and Contractors are expected to

comply with neat and responsible dress standards at all times. Accordingly:-

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(i) Council Members and Committee Members will dress in a manner appropriate to their position, in particular when attending meetings or representing the Town in an official capacity.

(ii) Management reserves the right to adopt policies relating to corporate dress and

to raise the issue of dress with individual Employees and Contractors. (iii) Employees and Contractors are required to maintain a minimum standard of

‘smart business attire’, dressing suitably and modestly for the business environment. Corporate uniform must be worn where required by management.

(iv) Employees and Contractors must wear personal protective clothing/equipment

and safety footwear where it is compulsory or as otherwise directed. (b) Communication and Public Relations (i) All aspects of communication by Employees and Contractors (including verbal,

written or personal), involving Town activities should reflect the status and objectives of the Town. Communications should be accurate, polite and professional.

(ii) As representatives of the community, Council Members need to be not only

responsive to community views, but to adequately communicate the attitudes and decisions of the Council. In doing so, Council Members should acknowledge that:-

- as a member of the Council there is respect for the decision making

processes of the Council which are based on a decision of the majority of the Council;

- information of a confidential nature ought not be communicated until it is

no longer treated as confidential; - information relating to decisions of the Council on approvals, permits

and so on ought only be communicated in an official capacity by a Designated Employee of the Council;

- information concerning adopted policies, procedures and decisions of

the Council is conveyed accurately.

(iii) Committee Members accept and acknowledge it is their responsibility to observe any direction the Town may adopt in terms of advancing and promoting the objectives of the Committee to which they have been appointed.

10.10 Alcohol and Drugs Council Members, Committee Members, Employees and Contractors are obliged to present themselves for work in a fit state, and not be unduly affected by alcohol or any mind altering substances, so that in carrying out their work or duties, they do not expose themselves, their co-workers, or other persons to unnecessary risks to health and safety.

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11. INFORMATION AND COMMUNICATION 11.1 Access to Information (a) The CEO, Employees and Contractors will ensure that Council Members are given

access to all information necessary for them to properly perform their functions and comply with their responsibilities, and to make reasonable and informed decisions on matters before the Council.

(b) Council Members will ensure that information provided will be used properly and to

assist in the process of making reasonable and informed decisions on matters before the Council. Council Members have an obligation to properly examine all the information provided to them relating to matters that they are dealing with to enable them to make an informed decision on the matter.

(c) Council Members who have a personal (as distinct from civic) interest in a document

of the Town, have the same rights of access as any member of the public. 11.2 Access to Information – Personal Interest Any Council Member, Committee Member, Employee or Contractor must not use confidential information gained through their official position for the purpose of securing a private benefit for themselves or for any other person. When making an enquiry on a matter being considered by the Town in which they have a personal/financial interest, they shall seek the information only from the CEO or relevant Director in writing. 11.3 Improper Use of Information Council Members, Committee Members, Employees and Contractors must not make improper use of any information acquired by the person in the performance of his or her functions under the Local Government Act 1995 or any other written law. Due discretion must be exercised by all those who have access to confidential or sensitive information. This applies not only to the proper disclosure of that information, but also to take the appropriate measures to be taken to ensure that the security of the information is not compromised. Section 5.93 of the Local Government Act 1995 prohibits a Council Member, Committee Member or Employee from making improper use of any information acquired in the performance by the person of his or her functions under the Local Government Act 1995 or any other written law: (a) to gain directly or indirectly an advantage for themselves or for any other person; or (b) to cause detriment to the Town or any other person. The penalty, on conviction, is a fine of $10,000 or imprisonment for 2 years. 11.4 Confidential Information Council Members, Committee Members, Employees and Contractors must only access information needed for official business and use confidential information only for the purpose it is intended to be used. They have a duty to protect confidential information and must only release confidential information if they have authority to do so.

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Regulation 6 of the Local Government (Rules of Conduct) Regulations 2007 prohibits a Council Member from disclosing confidential information, or information acquired at a closed meeting: 6. Use of Information 1. In this Regulation — closed meeting means a council or committee meeting, or a part of a council or

committee meeting, that is closed to members of the public under Section 5.23(2) of the Act;

confidential document means a document marked by the CEO to clearly show that the

information in the document is not to be disclosed; non-confidential document means a document that is not a confidential document. 2. A person who is a Council Member must not disclose — (a) information that the Council Member derived from a confidential document; or (b) information that the Council Member acquired at a closed meeting other than

information derived from a non-confidential document. 3. Subregulation (2) does not prevent a person who is a Council Member from disclosing

information — (a) at a closed meeting; or (b) to the extent specified by the council and subject to such other conditions as

the council determines; or (c) that is already in the public domain; or (d) to an officer of the Department; or (e) to the Minister; or (f) to a legal practitioner for the purpose of obtaining legal advice; or (g) if the disclosure is required or permitted by law. 11.5 Communication and Public Relations All aspects of communication by Employees and Contractors (including verbal, written, electronic or personal), involving the Town’s activities must be accurate, polite and professional. As a representative of the community, Council Members need to be responsive to community views, and shall communicate decisions of Council or a Committee adequately, with good faith and not adversely reflect on those decisions externally. Council Members, Committee Members, Employees and contractors must: (a) Respect the decision-making processes of the Town which are based on decisions of

the majority of the Council or a Committee; (b) Not communicate confidential information; (c) Convey information concerning adopted policies, procedures and decisions of the

Town accurately; (d) Recognise that the spokespersons for the Council are the Mayor, and with the

Mayor’s authorisation, the Chief Executive Officer, either of whom may make a statement on behalf of the Council.

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Section 2.8(1)(d) of the Local Government Act 1995 states the Mayor is to speak on behalf of the local government. Section 5.41(f) of the Local Government Act 1995 states the CEO can speak on behalf of the local government if the Mayor agrees. 11.6 Expression of Personal Views Council Members are free to make their own personal position known about any matter which is pertinent to the business of the Town, including Council decisions provided that it cannot be construed to be a statement on behalf of the Council. Council Members, Committee Members, Employees and Contractors will refrain from making personal statements to the media without clearly prefacing such remarks that they are personal views and not those of the Council, and in any case will not adversely reflect on a Council decision. 11.7 Social Media Council Members, Committee Members, Employees and Contractors are free to state their position/role with the Town publicly on social media (eg on Facebook, LinkedIn), however as with any other form of communication, they must ensure their behaviour on social media adheres to the Town of Cambridge’s values, policies and the other provisions of this Code. While using social media Council Members, Committee Members, Employees and Contractors must: (a) Take care that their online behaviour does not reflect adversely on the Town. (b) Be polite and respectful of the opinions of others at all times, especially if publicly

identifying themselves as an Employee or Council Member of the Town. (c) Ensure that any comments made about the Town, Council, Council Members, its

Employees, Contractors or stakeholders are factually correct and not confidential, divisive or negative in nature.

Employees must not: (a) Use social media to complain about their employment or to criticise the Town or other

Employees; (b) Use their work email address to register social media accounts or post a Town email

address on social media outside of a work capacity; (c) Create a social media account or page that appears to “represent” the Town, in

relation to the Town, or any of its initiatives, unless approved to do so. Council Members and Committee Members are encouraged to use social media channels throughout their term to help communicate the Town’s programs and initiatives, and create an open channel with residents and community members. Such communication should always be conducted in a positive manner, should not discredit or reflect adversely on the Town, its Employees, Contractors, or its initiatives. Council Members, Committee Members, Employees and Contractors should take care to ensure that work related communication with each other occurs through official channels, not through social media.

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11.8 Lobbying “Lobbying” is used to cover those types of communication between Council Members and the community, and include representations to Council Members by special interest groups, by individuals with a direct interest in a Council decision, and by advocates acting on behalf of others. A lobbyist is a person who endeavours to influence legislation or decision making on behalf of a special interest. Lobbying is common in federal, state and local government. The most common form occurs when a group or individual makes direct contact with a Council Member in an attempt to influence a Council decision. Appropriate lobbying of Council Members is considered normal. In many cases lobbying is part of the democratic process and is an acceptable feature of the relationship between citizens and their elected representatives. Lobbying is appropriate when done with transparency, integrity and honesty, but inappropriate when it results in public confidence in the political decision making process being undermined. The Contact with Lobbyists Code published by the WA Public Sector Commission provides guidelines that government representatives should only permit lobbying with people who are listed in the Register of Lobbyists. The Register also provides information to the public on lobbyists and who they represent in their dealings with government. The NSW Independent Commission Against Corruption publication entitled “Lobbying Local Government Councillors” contains useful information for Elected Members, constituents and other interested parties. Council Members can ensure lobbying remains transparent by adopting, but not limiting themselves to the following: (a) documenting meetings with lobbyists; (b) conducting meetings in Council premises or other locations suitable for open

meetings; (c) having other people present during meetings; (d) inviting lobbyists to write to Council seeking a meeting with Council and relevant

Employees or Contractors; (e) request communications be in writing; (f) copy information provided by lobbyists to Town Employees or Contractors to

consider and assess, distribute to other Council Members, and/or file as a Town record; and

(g) declare lobbying activities to Council. References: Public Sector Commission: Lobbyists Register. Public Sector Commission: Contact with Lobbyists Code. Independent Commission Against Corruption: Lobbying Local Government Councillors. 11.9 Inappropriate Lobbying It is in the public interest that lobbying is fair and does not undermine public confidence in impartial decision-making. Lobbying is a two-way process between Council Members and lobbyists.

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Council Members should take care that their duty to consider issues fairly and properly is not compromised by participating in lobbying practices that are outside the bounds of appropriate or lawful behaviour. Generally, inappropriate or unlawful conduct on the part of someone lobbying a Council Member usually involves an attempt to obtain preferential consideration or treatment based on factors other than merit of the matter. 11.10 Contact with Developers Council Members, Employees and Contractors must ensure development decisions are made in accordance with legislative requirements and the Town's relevant administrative requirements. Dealings with applicants and consideration of assessment of development applications must be open and transparent to prevent accusations or perceptions of improper conduct, preferential treatment or bias.

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12. DEALING WITH COUNCIL PROPERTY 12.1 Use of Local Government Resources Council Members, Committee Members, Employees and Contractors will: (a) be scrupulously honest in their use of the Town's resources and shall not misuse them

or permit their misuse (or the appearance of misuse) by any other person or body; (b) use the Town's resources entrusted to them effectively and economically in the course

of their duties; and (c) not use the Town's resources (including the services of Council Employees and

Contractors) for private purposes (other than when supplied as part of a contract of employment), unless properly authorised to do so, and appropriate payments are made (as determined by the CEO).

12.2 Travelling and Sustenance Expenses Council Members, Committee Members, Employees and Contractors will only claim or accept travelling and sustenance expenses arising out of travel-related matters which have a direct bearing on the services, policies or business of the Town in accordance with the Town's policies and the provisions of the Local Government Act 1995. Regulation 8 of the Local Government (Rules of Conduct) Regulations 2007 states the following in respect of Council Members using Town resources: 8. Misuse of Local Government Resources A person who is a Council Member must not either directly or indirectly use the resources of a

local government — (a) for the purpose of persuading electors to vote in a particular way at an election,

referendum or other poll held under the Act, the Electoral Act 1907, or the Commonwealth Electoral Act 1918; or

(b) for any other purpose, unless authorised under the Act, or authorised by the council or the Chief Executive Officer, to

use the resources for that purpose.

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13. BREACHING THIS CODE 13.1 Breaches of the Code by Employees or Contractors Any person who has reason to believe that the personal behaviour of an Employee or Contractor breaches the standards of conduct set out in this Code, may refer the matter to the CEO or the Manager Human Resources, who will consider the matter and deal with it in accordance with the management protocols, procedures or practices of the Town, and any applicable law concerning Employees or Contractors. Any person who has reason to believe that the personal behaviour of the CEO breaches the standards of conduct set out in this Code, may refer the matter to the Mayor. Each report of a breach is to be dealt with quickly and fairly in accordance with the principles of procedural fairness. 13.2 Breaches of this Code by Council Members and Committee Members A breach by a Council Member of the Local Government (Rules of Conduct) Regulations 2007 may be reported to the Town’s Complaints Officer (the CEO) in accordance with the prescribed Complaints Form, as determined from time to time. Such complaints will be dealt with under Division 9 of Part 5 of the Local Government Act 1995. Any person who has reason to believe that the personal behaviour of a Council Member breaches the standards of conduct set out in this Code, other than those matters set out in the Local Government (Rules of Conduct) Regulations 2007, may refer the matter to the CEO. Any person who has reason to believe that the personal behaviour of a Committee Member breaches the standards of conduct set out in this Code, may refer the matter to the CEO. All complaints and allegations will: (a) Be treated as confidential and will ensure that the principles of natural justice and

procedural fairness are followed at all times; (b) For Employees and Contractors, be dealt with in accordance with the Council Policy

No 4.1.3 - Complaint Management and Procedures; and (c) For Council Members, be dealt with in accordance with Local Government Act 1995,

or where applicable, with Council Policy 4.1.3 - Complaint Management and Procedures.

13.3 Reporting Misconduct to the Corruption and Crime Commission The CEO, being a ‘Principal Officer of a Notifying Authority’ (for the purposes of the Corruption and Crime Commission Act 2003) has a statutory obligation to report to the Corruption and Crime Commission any allegation of misconduct, or any situation that otherwise comes to his or her attention involving misconduct, where it is of relevance or concern to the CEO in his or her official capacity. Notwithstanding, any Council Member, Committee Member, Employee, Contractor or any other person, may report directly to the Corruption and Crime Commission any matter which that person suspects on reasonable grounds may concern misconduct that has occurred, is occurring, or may occur.

34

Section 4 of the Corruption and Crime Commission Act 2003 defines the instances when ‘misconduct’ occurs: 4. Term Used: Misconduct Misconduct occurs if — a. a public officer corruptly acts or corruptly fails to act in the performance of the functions

of the public officer’s office or employment; b. a public officer corruptly takes advantage of the public officer’s office or employment

as a public officer to obtain a benefit for himself or herself or for another person or to cause a detriment to any person;

c. a public officer whilst acting or purporting to act in his or her official capacity, commits

an offence punishable by 2 or more years’ imprisonment; or d. a public officer engages in conduct that — (i) adversely affects, or could adversely affect, directly or indirectly, the honest or

impartial performance of the functions of a public authority or public officer whether or not the public officer was acting in their public officer capacity at the time of engaging in the conduct;

(ii) constitutes or involves the performance of his or her functions in a manner that

is not honest or impartial; (iii) constitutes or involves a breach of the trust placed in the public officer by

reason of his or her office or employment as a public officer; or (iv) involves the misuse of information or material that the public officer has

acquired in connection with his or her functions as a public officer, whether the misuse is for the benefit of the public officer or the benefit or detriment of another person;

(v) and constitutes or could constitute a disciplinary offence providing reasonable

grounds for the termination of a person’s office or employment as a public service officer under the Public Sector Management Act 1994 (whether or not the public officer to whom the allegation relates is a public service officer or is a person whose office or employment could be terminated on the grounds of such conduct).

Section 3 of the Corruption and Crime Commission Act 2003 defines ‘serious misconduct’ as misconduct of a kind described in Section 4(a), (b) or (c) of the Corruption and Crime Commission Act 2003. 13.4 Public Interest Disclosure Act 2003 The Public Interest Disclosure Act 2003 facilitates the reporting of public interest information and provides protection for those who report this information under that Act. Council Members, Committee Members, Employees and contractors are encouraged to contact the Town’s nominated Public Interest Disclosure Officer to seek guidance on their disclosure and to lodge completed Public Interest Disclosure forms. A person who makes an appropriate disclosure of public interest information to the Town’s nominated Public Interest Disclosure Officer under Section 5 of the Public Interest Disclosure Act 2003:

35

(a) incurs no civil or criminal liability for doing so; (b) is not, for doing so, liable: (i) to any disciplinary action under a written law; (ii) to be dismissed; (iii) to have his or her services dispensed with or otherwise terminated; or (iv) for any breach of duty of secrecy or confidentiality or any other restriction on

disclosure (whether or not imposed by a written law) applicable to the person (Section 13).

13.5 Protection of Persons Reporting Unacceptable or Illegal Behaviour The CEO is to ensure that Council Members, Committee Members, Employees and Contractors who report unacceptable or illegal behaviour (that is, whistle blowers) are not in any way disadvantaged or victimised because of their actions. The CEO's action is limited to matters for which he/she has responsibility and/or jurisdiction to act. 13.6 Whistle Blower Protection A commonly accepted definition for “whistle blowing” is the disclosure by organisation members (former or current) of illegal, immoral or illegitimate practices. The Corruption, Crime and Misconduct Act 2003 provides protection for witnesses who voluntarily report allegations of misconduct or corrupt conduct to the Corruption and Crime Commission. The CEO has an obligation to ensure Council Members, Employees, Contractors or others who report illegal or unacceptable behaviour are not in any way compromised, disadvantaged or persecuted. References: Corruption, Crime and Misconduct Act 2003: State Law Publisher.

1

Code of Conduct Declaration I, ..............................................................................................................................................

(print name)

declare that I am an Employee / Council Member / Contractor of or for the Town of

Cambridge. I acknowledge that I have read the Code of Conduct and all Policies contained /

mentioned therein, understand the content, and agree to be bound by them.

Signed:

Payroll Number:

Position:

Date:

Please return completed declarations to Human Resources.

1

Code of Conduct Complaint Form Note to person making the complaint: This form may be completed if you wish to complain about a Council Member or Employee who you allege has breached the Town of Cambridge Code of Conduct.

All information requested in this form must be provided before the complaint can be processed. After all information has been provided, sign and date the form, and submit to the Chief Executive Officer / Mayor. A determination will then be made in relation to the complaint. Any information provided in this form MUST NOT be sent or divulged in any way to the person who is the subject of the complaint.

All information requested below must be provided by the person making the complaint.

What is the name of the Council Member or Employee who you allege has breached the Code?

What date do you allege the breach occurred? How do you allege the breach occurred? ......................................................................................................................................................................

......................................................................................................................................................................

......................................................................................................................................................................

......................................................................................................................................................................

......................................................................................................................................................................

......................................................................................................................................................................

Attach additional sheets to this complaint form if required. Were there any witnesses to the alleged breach? Yes No

Are the witnesses willing to provide information to assist in resolving the complaint? Yes No

If so, what are the name(s) and contact details of the witness(es)?

Witness No 1 Name:

Contact Details:

Witness No 1 Name:

Contact Details: Have you attached all relevant and additional information which may assist in resolving the complaint? Yes No

Complainant's Signature:

Full Name:

Telephone Contact

Email:

Date:

COUNCIL MEETING

28 AUGUST 2018

ATTACHMENT TO ITEM 10.6

UNDERGROUND POWER SERVICE CHARGE AND INSTALMENTS

Council Meeting 28 August 2018

Attachment - Item 10.6 - Underground Power Service Charge and Instalments

CR 17.116 July 2018 No. Floreat No. Floreat No. Floreat No. Wembley kVa Allocation Properties West Properties East Properties North Properties West Leederville

Single Residential Network Charge 6.60 6,347$ 961.67$ 4,739$ 718.03$ 4,554$ 690.00$ 2,942$ 445.76$ Single Residential Connection Charge 1,137$ 1,417$ 818$ 1,209$ Single Residential Connection ( Partial) 762$ 949$ 548$ 810$

773 635 722 442 Non Residential kVa Charge Actual From Western Power 14 961.80$ 31 718.10$ 87 690.00$ 254 445.80$

Item 10.1 Oct 2017 kVa Allocation 642.30 197.85 2,647.54

75% Strata 2-5 Units Network Charge 4.95 -$ 318 3,555$ 718.18$ 38 3,415$ 689.90$ 506 2,206$ 445.66$ Strata 2-5 Units Connection Charge -$ 1,417$ 818$ 1,206$ Strata 2-5 Units Connection ( Partial) -$ 949$ 548$ 810$

50% Strata 6+ Units Network Charge 3.30 -$ 190 2,370$ 718.18$ 40 2,277$ 690.00$ 695 1,417$ 429.39$ Strata 6+ Units Connection Charge -$ 1,417$ 818$ 1,209$ Strata 6+ Units Connection ( Partial) -$ 949$ 548$ 810$

(Partial) - No need for property connection

1,429 12,100,000$ 1,372 11,200,000$ 3534.54 8,900,000$ 1,897 10,900,000$ BUDGET BUDGET BUDGET 2848 BUDGET

CR 17.116 July 2018 No. Floreat No. Floreat No. Floreat No. Wembley kVa Allocation Properties West Properties East Properties North Properties West Leederville

COUNCIL MEETING

28 AUGUST 2018

ATTACHMENT TO ITEM 10.8

YEAR END REVIEW FOR THE 2017/2018 FINANCIAL YEAR

Town of Cambridge

Financial Management StatementsFor the Period Ended 30 June 2018

1 STATUTORY STATEMENTS

Statutory Rate Setting Statement 1.1

Statement of Financial Position 1.2

Statement of Changes in Equity 1.3

2 OPERATING STATEMENT

Governance & Corporate Services Operations 2.1

Community Development & Support Operations 2.1

Library Operations 2.2

Aquatic Centre Operations 2.2

Planning & Development Services Operations 2.3

Ranger & Health Services Operatiions 2.3

Waste Management Operatings 2.4

Works Infrastructure Operations 2.4

Parks Infrastructure Operations 2.5

Building Infrastructure Operations 2.5

Golf Course Operations 2.6

3 CAPITAL STATEMENT

Capital Schedules 3.1

Capital Work Graphs 3.2

4 RESERVE/ENDOWMENT LANDS ACCOUNT STATEMENT 4.1

CONTENTS

Description Current Budget Actual

2017/2018 30 June Variance $ Variance %

OPERATING REVENUEFees & Charges 19,028 18,807 (220) (1.2%)

Rates 25,268 25,214 (54) (.2%)

Operating Grants, Subsidies and Contributions 2,422 2,993 571 23.6%

Interest Earnings 2,643 2,719 76 2.9%

Other Revenue/Income 358 331 (27) (7.5%)

Gain on Disposal of Assets 14,386 11,803 (2,583) (18.0%)

Total Operating Revenue 64,104 61,867 (2,237) (3.5%)

OPERATING EXPENSESMaterials & Contractors 27,881 28,830 949 3.4%

Employee Costs 20,304 20,054 (249) (1.2%)

Utilities 1,747 1,749 2 .1%

Insurance 473 469 (4) (.8%)

Interest Expenses 1,151 1,147 (4) (.3%)

Other Expenditure 749 763 15 2.0%

Depreciation on Non-current Assets 9,295 9,386 91 1.0%

Loss on Disposal of Assets 60 107 47 79.8%

Total Operating Expenditure 61,659 62,506 847 1.4%

SURPLUS/(DEFICIT) FROM OPERATIONS 2,445 (639) (3,084) (126.1%)

OPERATING NON-CASH ADJUSTMENTSProfit/(Loss) on Asset Disposals (14,327) (11,696) 2,631 18.4%

Depreciation written back 9,295 9,386 91 1.0%

CASH SURPLUS/(DEFICIT) FROM OPERATIONS (2,586) (2,949) (362) 14.0%

NON OPERATING REVENUECapital Grants and Subsidies 1,661 965 (696) (41.9%)

Capital Contributions 285 416 131 46.0%

Proceeds from sale of assets 14,662 11,983 (2,679) (18.3%)

Total Non-Operating Revenue 16,608 13,364 (3,244) (19.5%)

NON OPERATING EXPENSESPurchase of Land 1,500 1,500 .0%Purchase of Buildings 2,739 898 (1,841) (67.2%)Purchase of Furniture & Equipment 1,472 457 (1,015) (69.0%)Purchase of Plant & Equipment 1,191 869 (321) (27.0%)Purchase of Infrastructure - Parks and Reserves 2,342 1,079 (1,263) (53.9%) - Roads and Lanes 5,093 2,938 (2,155) (42.3%) - Carparks 333 174 (159) (47.6%) - Drainage 1,099 843 (256) (23.3%) - Footpaths 255 191 (64) (25.1%) - Bus Shelter 60 (60) (100.0%)Purchase of Investment Tamala Park 1,898 (333) (2,231) (117.6%)

Investment in Mindarie Regional Council 6 6 .0%Repayment of Debt Principal 642 9,712 9,070 1412.7%

Total Non-Operating Expenditure 17,123 18,333 1,210 7.1%

NON-OPERATING SURPLUS/(DEFICIT) (515) (4,970) (4,455) 865.0%

SURPLUS/(DEFICIT) FROM OPERATING AND CAPITAL (3,101) (7,918) (4,817) 155.3%

CASH RESERVESTransfer to Reserve (7,815) (8,081) (266) 3.4%

Transfer to Endowment Lands Account (13,944) (13,571) 373 (2.7%)

Transfer from Reserve 14,334 24,027 9,693 67.6%

Transfer from Endowment Lands Account 6,627 6,510 (117) (1.8%)

Opening Funds 3,812 3,812

CLOSING FUNDS (88) 4,778 4,866 (5529.2%)

Town of CambridgeRate Setting Statement

For the Period Ending 30 June 2018

Page 1.1

Previous Month Current Month Movement

$'000 $'000 $'000

CURRENT ASSETS

Cash Assets 68,087 53,199 (14,888)

Receivables Current 2,119 2,298 178

Other 30 154 124

Inventories 12,623 12,545 (77)

Total Current Assets 82,859 68,196 (14,663)

CURRENT LIABILITIES

Payables (6,200) (14,075) (7,875)

Provisions Current (2,775) (2,703) 72

Interest Bearing Liabilities Current (9,123) (1,162) 7,961

Total Current Liabilities (18,098) (17,940) 158

NET CURRENT ASSETS 64,761 50,256 (14,505)

NON‐CURRENT ASSETS

Cash Assets Non‐Current 473 473

Receivables Non‐Current 280 319 39

Property Plant and Equipment 309,710 311,921 2,211

Investments 8,604 8,437 (167)

Non‐Current Assets 318,594 321,150 2,556

NON‐CURRENT LIABILITIES

Provisions Non‐Current (386) (481) (95)

Interest Bearing Liabilities Non‐Current (2,269) (1,107) 1,162

Total Non‐Current Liabilities (2,656) (1,588) 1,068

NET NON‐CURRENT ASSETS 315,939 319,562 3,624

NET ASSETS 380,700 369,818 (10,882)

EQUITY

Retained Surplus (237,758) (244,789) (7,031)

Reserves ‐ Cash Backed (53,110) (35,197) 17,913

Reserve ‐ Asset Revaluation (89,831) (89,831)

TOTAL EQUITY (380,700) (369,818) 10,882

Reconciliation of suplus as per Rate Setting Stement

LESS:

Reserve/ELA (53,110) (35,197) 17,913

Land Held For Resale (12,234) (12,234)

Property Plant & Equipment (309,710) (311,921) (2,211)

Investments (8,604) (8,437) 167

ADD BACK:

Provisions Non‐Current 386 481 95

Interest Bearing Liabilities 11,393 2,269 (9,123)

8,821 4,778 (4,042)

Town of CambridgeStatement of Financial Position

For the Period Ending 30 June 2018

Page 1.2

Previous Month Current Month Movement

$'000 $'000 $'000

ACCUMULATED SURPLUS

Balance at beginning of year 235,252 235,252

Change in net assets resulting from operations 11,534 652 (10,882)

Amount transferred from/(to) reserves (947) 15,946 16,893

Amount transferred from/(to) Endowment Lands Account (8,081) (7,061) 1,020

Accumulated Surplus Balance at end of period 237,758 244,789 7,031

RESERVES ‐ CASH BACKED

Reserves

Balance at the beginning of the year 44,015 44,015

Interest 1,041 1,127 86

Amount transferred (to)/from accumulated surplus (94) (17,072) (16,979)

Balance at end of period 44,962 28,069 (16,893)

Endowment Lands Account

Balance at the beginning of the year 67 67

Interest 842 922 80

Amount transferred (to)/from accumulated surplus 7,239 6,139 (1,100)

Balance at end of period 8,148 7,128 (1,020)

Reserves ‐ Cash Backed Balance at end of period 53,110 35,197 (17,913)

RESERVES ‐ ASSET REVALUATION

Asset Revaluation Reserve

Balance at the beginning of the year 89,831 89,831

Amount transferred (to)/from asset revaluation reserve

Reserves ‐ Asset Revaluation Balance at end of period 89,831 89,831

TOTAL EQUITY 380,700 369,818 (10,882)

Town of Cambridge

Statement of Changes In Equity

For the Period Ending 30 June 2018

Page 1.3

Current Budget

$'000

Actual

$'000

Variance

$'000

Variance

%

Governance & Corporate Services Operations

Carried Forwards Funds 424 424

Operating Revenue 17,405 14,773 (2,632) (15%)

Less Non‐Cash Items (14,321) (11,750) 2,571 (18%)

3,084 3,023 (61) (2%)

Operating Expenditure 16,018 17,629 1,611 10%

Less Non‐Cash Items (540) (443) 97 (18%)

15,478 17,186 1,708 11%

Net Cash Result (11,970) (13,739) (1,769) 15%

Includes Underground Power Project

Community Development & Support Operations

Carried Forwards Funds

Operating Revenue 2,310 2,114 (196) (9%)

Less Non‐Cash Items (5) (9) (4) 89%

2,305 2,104 (201) (9%)

Operating Expenditure 4,841 5,047 206 4%

Less Non‐Cash Items (1,042) (1,067) (25) 2%

3,800 3,980 181 5%

Net Cash Result (1,495) (1,876) (382) 26%

Town of Cambridge

Operating Statement by Service Area

For the period ending 30 June 2018

Page 2.1

Current Budget

$'000

Actual

$'000

Variance

$'000

Variance

%

Town of Cambridge

Operating Statement by Service Area

For the period ending 30 June 2018

Library Operations

Carried Forwards Funds

Operating Revenue 50 45 (5) (10%)

Less Non‐Cash Items 0 0 0 %

50 45 (5) (10%)

Operating Expenditure 2,455 2,359 (96) (4%)

Less Non‐Cash Items (814) (740) 74 (9%)

1,642 1,619 (23) (1%)

Net Cash Result (1,592) (1,574) 18 (1%)

Aquatic Centre

Carried Forwards Funds 2 2

Operating Revenue 1,870 2,136 266 14%

Less Non‐Cash Items 0 0 0 %

1,870 2,136 266 14%

Operating Expenditure 2,825 2,983 157 6%

Less Non‐Cash Items (574) (553) 21 (4%)

2,251 2,430 179 8%

Net Cash Result (379) (292) 87 (23%)

Page 2.2

Current Budget

$'000

Actual

$'000

Variance

$'000

Variance

%

Town of Cambridge

Operating Statement by Service Area

For the period ending 30 June 2018

Planning & Development Operations

Carried Forwards Funds 28 28

Operating Revenue 815 842 27 3%

Less Non‐Cash Items (1) (3) (2) 435%

814 839 25 3%

Operating Expenditure 2,935 2,692 (243) (8%)

Less Non‐Cash Items (564) (432) 132 (23%)

2,371 2,260 (111) (5%)

Net Cash Result (1,529) (1,393) 137 (9%)

Ranger & Health Services Operations

Carried Forwards Funds

Operating Revenue 2,410 2,314 (96) (4%)

Less Non‐Cash Items (7) (11) (4) 62%

2,403 2,303 (100) (4%)

Operating Expenditure 3,204 3,105 (99) (3%)

Less Non‐Cash Items (565) (531) 34 (6%)

2,639 2,574 (65) (2%)

Net Cash Result (236) (271) (35) 15%

Page 2.3

Current Budget

$'000

Actual

$'000

Variance

$'000

Variance

%

Town of Cambridge

Operating Statement by Service Area

For the period ending 30 June 2018

Waste Management

Carried Forwards Funds

Operating Revenue 2,189 2,186 (3) (%)

Less Non‐Cash Items 0 0 0 %

2,189 2,186 (3) (%)

Operating Expenditure 4,343 4,199 (144) (3%)

Less Non‐Cash Items (419) (381) 38 (9%)

3,924 3,818 (106) (3%)

Net Cash Result (1,735) (1,632) 103 (6%)

Work Infrastructure Operations

Carried Forwards Funds 13 13

Operating Revenue 1,860 1,226 (634) (34%)

Less Non‐Cash Items (53) (24) 29 (55%)

1,808 1,202 (605) (33%)

Operating Expenditure 6,337 6,330 (7) (%)

Less Non‐Cash Items (4,138) (4,098) 40 (1%)

2,199 2,232 33 2%

Net Cash Result (379) (1,017) (639) 169%

Page 2.4

Current Budget

$'000

Actual

$'000

Variance

$'000

Variance

%

Town of Cambridge

Operating Statement by Service Area

For the period ending 30 June 2018

Park Infrastructure Operations

Carried Forwards Funds 174 174

Operating Revenue 390 323 (67) (17%)

Less Non‐Cash Items 0 (5) (5) %

390 318 (72) (18%)

Operating Expenditure 7,804 7,276 (528) (7%)

Less Non‐Cash Items (2,036) (1,986) 50 (2%)

5,768 5,289 (479) (8%)

Net Cash Result (5,204) (4,798) 407 (8%)

Building Infrastructure Operations

Carried Forwards Funds 4 4

Operating Revenue 335 423 89 27%

Less Non‐Cash Items 0 0 0 %

335 423 89 27%

Operating Expenditure 3,417 3,288 (129) (4%)

Less Non‐Cash Items (1,947) (2,012) (65) 3%

1,470 1,276 (194) (13%)

Net Cash Result (1,131) (849) 282 (25%)

Page 2.5

Current Budget

$'000

Actual

$'000

Variance

$'000

Variance

%

Town of Cambridge

Operating Statement by Service Area

For the period ending 30 June 2018

Wembley Golf Course

Carried Forwards Funds

Operating Revenue 9,167 9,048 (118) (1%)

Less Non‐Cash Items 0 0 0 %

9,167 9,048 (118) (1%)

Operating Expenditure 7,482 7,724 242 3%

Less Non‐Cash Items (1,236) (1,273) (37) 3%

6,246 6,451 205 3%

Net Cash Result 2,921 2,597 (323) (11%)

Page 2.6

Description

Current Budget

$'000

Actual

$'000

Variance

$'000

Variance

%

BuildingsBold Park Aquatic Centre ‐ Replacement of Heat Pumps and BMS 920 330 ‐590 ‐64%Beecroft Park ‐ Coastal Community/Playgroup Facility 350 0 ‐350 0%Floreat Beach Kiosk ‐ Building Modification design 250 28 ‐222 ‐89%Lake Monger Reserve ‐ New Public Toilet (NorthWest) 235 81 ‐154 ‐65%City Beach Oval Pavillion ‐ Concept Plan and Construction 200 0 ‐200 0%Wembley Golf Course ‐ Machinery Shed 150 16 ‐134 ‐89%Quarry Amphitheatre ‐  Fire Management Assets 112 ‐18 ‐130 ‐116%Other Capital Works under $100k 522 461 ‐61 ‐12%

Total Buildings 2,739 898 ‐1,841 ‐67%

Road WorksGrantham St/Harborne St ‐ Intersection Safety 658 14 ‐644 ‐98%Pre‐Works for Asphalt Program 2018/2019 155 82 ‐73 ‐47%Oceanic Dr/Marapana Rd ‐ Install traffic islands 102 129 27 27%Abbotsford St ‐ Widen to allow parking 100 7 ‐93 ‐93%Other Capital Works under $100k 450 260 ‐190 ‐42%

1,465 492 ‐973 ‐66%

Road SurfacingGrantham St (Seymour ‐ Kirkdale) 335 280 ‐55 ‐16%Northwood St ‐ (Cambridge ‐ Lake Monger) 314 0 ‐314 0%Newry St (Floreat Ave ‐ Selby) 242 156 ‐86 ‐36%Kincardine Cr (Peebles‐ Kirkdale) 140 80 ‐60 ‐43%Loftus St Through Lane (Cambridge ‐ Railway) 125 0 ‐125 0%Pindari Road 109 97 ‐12 ‐11%Oceanic Dr Eastbound (Branksome ‐ WCH) 106 74 ‐32 ‐30%Other Capital Works under $100k 1,537 1,239 ‐298 ‐19%

2,908 1,927 ‐981 ‐34%

Right of WaysConnor Lane 239 224 ‐15 ‐6%Edeson Lane 225 190 ‐35 ‐16%Clohessy Lane 210 31 ‐179 ‐85%Other Capital Works under $100k 47 74 27 58%

721 519 ‐202 ‐28%

Total Roads & Lanes 5,093 2,938 ‐2,155 ‐42%

Car ParksBoulevard Road Reserve additional parking 120 107 ‐13 ‐11%Other Capital Works under $100k 213 68 ‐145 ‐68%

Total Car Parks 333 174 ‐159 ‐48%

Drainage77‐79 McCourt St ‐ Design and Construct 535 460 ‐75 ‐14%Clanmel Road ‐ Enlarge 260m of pipe 140 113 ‐27 ‐19%Drainage Pit Rehabilitation 137 67 ‐70 ‐51%Other Capital Works under $100k 287 202 ‐85 ‐30%

Total Drainage 1,099 843 ‐256 ‐23%

FootpathNew Paths 32 22 ‐10 ‐31%

Replacement Program 145 121 ‐24 ‐16%

Shared Path 78 47 ‐30 ‐39%

Total Footpath 255 191 ‐64 ‐25%

BeachesCity Beach Park ‐ Lighting Replacement Stage 1 240 0 ‐240 0%Other Capital Works under $100k 125 90 ‐35 ‐28%

365 90 ‐275 ‐75%

SportsgroundsOther Capital Works under $100k 246 144 ‐102 ‐41%

246 144 ‐102 ‐41%

ParksContingency Emergency Bore, Pump & Retic 305 65 ‐240 ‐79%Bent Park ‐ Replace Irrigation System 288 158 ‐130 ‐45%Fred Burton Park/West Coast Hwy ‐ Replace Irrigation System 200 225 25 13%Various Parks ‐ Playground Equipment 120 64 ‐56 ‐46%Fred Burton Park ‐ Car Park Lighting 100 74 ‐26 ‐26%Other Capital Works under $100k 338 128 ‐210 ‐62%

1,351 716 ‐636 ‐47%

Road ReservesWest Coast Highway and Helston Park Irrigation Replacement 240 245 5 2%Other Capital Works under $100k 140 70 ‐70 ‐50%

380 314 ‐66 ‐17%

Wembley Golf Course InfrastructureWembley Golf Course Miniature Golf 0 ‐5 ‐5 0%

0 ‐5 ‐5 0%

Total Parks & Reserves 2,342 1,260 ‐1,082 ‐46%

Town of CambridgeCapital Works

For the Period Ending 30 June 2018

Page 3.1

Town of CambridgeCapital Works (Graphs)

500

1000

1500

2000

2500

3000

Cumulative Building Works ($'000)

YTD Budget

YTD Actual

Commitment

‐1000

1000

2000

3000

4000

5000

6000

Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun

Cumulative Roads & Lanes ($'000)

YTD Budget

YTD Actual

Commitment

200

400

600

800

1000

1200

Cumulative Drainage $'000)

YTD Budget

YTD Actual

Commitment

‐50

50

100

150

200

250

300

Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun

Cumulative Footpaths ($'000)

YTD Budget

YTD Actual

Commitment

‐500

500

1000

1500

2000

2500

Cumulative Parks & Reserves ($'000)

YTD Budget

YTD Actual

Commitment

‐200

200

400

600

800

1000

Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun

Other Capital Works ($'000)

YTD Budget

YTD Actual

Commitment

Page 3.3

Current Budget Actual Variance  Variance

2017/2018 30 June $'000 %

Opening Balance 31 67 36 116%

Interest on Investments 946 922 ‐23 ‐2%

Transfers from Accumulated Surplus 12,999 12,649 ‐350 ‐3%

Transfers to Accumulated Surplus ‐6,627 ‐6,510 117 ‐2%

Closing Balance 7,348 7,128 ‐220 ‐3%

Current Budget Actual Variance  Variance

2017/2018 30 June $'000 %

Opening Balance

Area Improvement 38,336 37,994 ‐342 ‐1%

Development Contributions ‐ Parking 1,093 1,093 0 0%

Development Contributions ‐ Public Arts 195 195 0 0%

Community Facilities 371 463 91 25%

Asset Management 1,631 2,452 821 50%

Waste Management 662 746 84 13%

Clubs & Associations 1,059 1,073 14 1%

43,346 44,015 669 2%

Interest on Investments

Area Improvement 916 1,002 87 9%

Community Facilities 28 30 2 6%

Asset Management 51 43 ‐8 ‐15%

Waste Management 19 20 1 5%

Clubs & Associations 34 32 ‐2 ‐7%

1,047 1,127 80 8%

Transfers from Accumulated Surplus

Area Improvement 4,334 4,585 252 6%

Development Contributions ‐ Parking 79 68 ‐12 ‐15%

Development Contributions ‐ Public Arts 0 34 34 0%

Community Facilities 0 45 45 0%

Asset Management 1,522 1,408 ‐114 ‐7%

Waste Management 160 160 0 0%

Clubs & Associations 674 654 ‐19 ‐3%

6,768 6,954 187 3%

Transfers to Accumulated Surplus

Area Improvement ‐12,812 ‐22,860 ‐10,048 78%

Development Contributions ‐ Parking ‐100 ‐7 93 ‐93%

Community Facilities ‐30 ‐344 ‐314 1047%

Asset Management ‐934 ‐574 360 ‐39%

Waste Management ‐63 ‐19 43 ‐69%

Clubs & Associations ‐395 ‐222 173 ‐44%

‐14,334 ‐24,027 ‐9,693 68%

Closing Balance

Area Improvement 30,773 20,722 ‐10,051 ‐33%

Development Contributions ‐ Parking 1,072 1,153 81 8%

Development Contributions ‐ Public Arts 195 229 34 18%

Community Facilities 369 193 ‐176 ‐48%

Asset Management 2,269 3,329 1,060 47%

Waste Management 779 907 128 16%

Clubs & Associations 1,372 1,537 165 12%

36,827 28,069 ‐8,758 ‐24%

For the period ending 30 June 2018

Town of CambridgeEndowment Land Account SummaryFor the period ending 30 June 2018

Town of CambridgeReserve Account Summary

Page 4.1

COUNCIL MEETING

28 AUGUST 2018

ATTACHMENT 1 OF 2 TO ITEM 12.7

SINGLE USE PLASTIC BAN AT TOWN OF CAMBRIDGE EVENTS

23/08/2018 Petition · Town of Cambridge to ban plastic straws, cups, plates, cutlery and single-use bottles · Change.org

https://www.change.org/p/town-of-cambridge-to-ban-plastic-straws-cups-plates-cutlery-and-single-use-bottles 1/8

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Town of Cambridge to ban plastic straws, cups, plates, cutlery and single-usebottles

23/08/2018 Petition · Town of Cambridge to ban plastic straws, cups, plates, cutlery and single-use bottles · Change.org

https://www.change.org/p/town-of-cambridge-to-ban-plastic-straws-cups-plates-cutlery-and-single-use-bottles 2/8

621 have signed. Let’s get to 1,000!

Karine Suares started this petition to Cambridge Town Council Mayor Keri Shannon and Councillors

We've all seen pictures of what plastic does to our planet. Some of us may have become a little more 'plastic-conscious'. We carry our grocery shopping in eco-friendly bags. Re-usable coffee cups are becoming more popular. Little steps... Individually... Hoping for a change.

What if the Cambridge Town Council followed the lead of Bassendean Town and Brisbane City Councils?

The community spirit in the Town of Cambridge is incredible. How about encouraging something bigger than individual little steps? How about making a differencefor us, our children, the generations after, our beaches, our planet?

Please sign, share and promote this petition!

Start a petition of your ownThis petition starter stood up and took action. Will you do the same?Start a petition

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Updates

1. 2 months ago500 supporters

2. 321 signatures in two weeks!

Dear Plastic-conscious Neighbours, When starting this petition two weeks ago, I was hoping we'd reach 100 signatures. What a pleasant surprise to see thatwe've more than tripled that aim! How pleasing to know that…

321 signatures in two weeks!

Dear Plastic-conscious Neighbours, When starting this petition two weeks ago, I was hoping we'd reach 100 signatures. What a pleasant surprise to see thatwe've more than tripled that aim! How pleasing to know that many of us are like-minded and care about the environment we'll leave to the next generations.Let's make sure this petition has an impact. Let's get even more neighbours to sign it! Can each of us send the petition link to at least one more resident?Petition link: https://bit.ly/2kQmkwP Plastic-free yours, Karine

Karine Suares3 months ago

3. 3 months ago250 supporters

4. Bye bye plastic straws - 10 signatures to go

Dear environment and next generations supporters, An enormous thank you for signing the petition for Cambridge Town Council to ban plastic straws, cups,plates, cutlery and single-use bottles. It's great to see that…

Bye bye plastic straws - 10 signatures to go

Dear environment and next generations supporters, An enormous thank you for signing the petition for Cambridge Town Council to ban plastic straws, cups,plates, cutlery and single-use bottles. It's great to see that other residents care. With only 10 signatures missing, we are already very close to our goal. May Iplease ask a favour? Do you think each of you could forward the petition link to one (or more!) resident so we can reach our goal? Petition link:https://bit.ly/2IZNqzx Single-use-plastic-free yours, Karine

Karine Suares3 months ago

5. 3 months ago

23/08/2018 Petition · Town of Cambridge to ban plastic straws, cups, plates, cutlery and single-use bottles · Change.org

https://www.change.org/p/town-of-cambridge-to-ban-plastic-straws-cups-plates-cutlery-and-single-use-bottles 3/8

50 supporters6. 3 months ago

Karine Suares started this petition

Reasons for signing

pascal OHSE·3 months agoTown of Cambridge to ban plastic straws, cups, plates, cutlery and single-use bottles

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Fernande Fournier·3 months agoC'es notre devoir de respectez et protegez les animaux et notre planète! Eux, aussi on une âme! Eux, aussi on le droit d'avoirs une vie saine sur ce planéte! En a queun planéte! Vous, le savez? Prenez, votre responsabiltée, s.v.p. Ârrêtez, cette suffrance! Il ya bien des autres alternatives. Merci.

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Today: Karine is counting on you

23/08/2018 Petition · Town of Cambridge to ban plastic straws, cups, plates, cutlery and single-use bottles · Change.org

https://www.change.org/p/town-of-cambridge-to-ban-plastic-straws-cups-plates-cutlery-and-single-use-bottles 4/8

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23/08/2018 Petition · Town of Cambridge to ban plastic straws, cups, plates, cutlery and single-use bottles · Change.org

https://www.change.org/p/town-of-cambridge-to-ban-plastic-straws-cups-plates-cutlery-and-single-use-bottles 8/8

COUNCIL MEETING

28 AUGUST 2018

ATTACHMENT 2 OF 2 TO ITEM 12.7

SINGLE USE PLASTIC BAN AT TOWN OF CAMBRIDGE EVENTS

Ordinary Council Meeting Minutes 27/03/18 Page 41 of 43

11.4 Notice of Motion – Cr Wilson: Town of Bassendean Flag COUNCIL RESOLUTION – ITEM 11.4

OCM – 29/03/18 MOVED Cr Wilson, Seconded Cr McLennan & Cr Quinton, that: 1. Council revokes any and all historical decisions made at

Ordinary Council Meetings establishing the Broun Family Crest as the Town of Bassendean Flag; and

2. Council resolves to change the Town of Bassendean Flag

to the Town of Bassendean Logo on a white background. CARRIED UNANIMOUSLY 6/0

11.5 Notice of Motion – Cr Quinton: Single Use Plastics

COUNCIL RESOLUTION – ITEM 11.5

OCM – 30/03/18 MOVED Cr Quinton, Seconded Cr Wilson, that 1. The Town of Bassendean recognise the scourge that single

use plastics has on our environment and is committed to reducing the amount of single use plastics created in the Town;

2. The Town of Bassendean ban all use of single use plastics at events organised or sponsored by the Town of Bassendean including but not limited to straws, plastics cups, including plastic lined cups and plastic bags;

3. The ban would take effect immediately however vendors

would be given a six months grace period to source alternatives to single use plastic. If they used single use plastics, an officer from the Town would advise them of our ban and provide them with a list of alternatives;

4. The Mayor of the Town of Bassendean write to all

businesses in the Town outlining our ban on single use plastics and encourage them to reduce single use plastics, particularly straws and plastic cups where possible;

5. The Mayor write to Hawaiian Shopping Centre about

installing a communal drop off point for cloth shopping bags for shoppers who forget their re-usable bags;

6. The Mayor write to Coles informing them of our ban and

request they audit and cease their use of plastic wrapping, particularly on fruit and vegetables;

Ordinary Council Meeting Minutes 27/03/18 Page 42 of 43

7. That the Town organise an education campaign about single use plastics, including a list of suppliers for vendors and businesses on where to source alternatives to single use plastics such as reusable and washable items, paper, cardboard, wooden or compostable single use items;

8. The scheme to be monitored by the Sustainability

Committee. CARRIED 5/1

Crs Quinton, Wilson, McLennan, Hamilton & Mykytiuk voted in favour of the motion. Cr Gangell voted against the motion.

12.0 ANNOUNCEMENTS OF NOTICES OF MOTION FOR THE NEXT MEETING Nil

13.0 CONFIDENTIAL BUSINESS COUNCIL RESOLUTION – ITEM 13.0(a)

OCM – 31/03/18 MOVED Cr Mykytiuk, Seconded Cr Hamilton, that the meeting go behind closed doors in accordance with Section 5.23 of the Local Government Act 1995, the time being 9.19pm.

CARRIED UNANIMOUSLY 6/0 All members of the public vacated the Chamber, the time being 9.19pm.

13.1 Appointment of Members to Youth Advisory Council This matter was considered with members of the public excluded from the Chamber under Clause 5.23 (2) (b) of the Local Government Act 1995, as the officer report discusses information of a personal nature. COUNCIL RESOLUTION – ITEM 13.1

OCM – 32/03/18 MOVED Cr McLennan, Seconded Cr Mykytiuk, that Council appoints Mr Ethan Collins and Mr Peter Steed as members of the Youth Advisory Council for the 2017/19 term.

CARRIED UNANIMOUSLY 6/0

Ordinary Council Agenda 27/03/18 Page 101 of 105

The Crest was adopted in 1930. The Broun family are particularly associated with the district as their ancestral estate Bassendean, on the border of Scotland and England in Berwickshire, is the suburb’s namesake. Formerly known as West Guildford, residents voted to change the suburb’s name to Bassendean in 1922. The choice of Bassendean was because of the landmark Bassendean Homestead, built by the Henty Brothers, which was resided in and associated with Peter and Caroline Broun. There is no known evidence to support the claim Peter Broun was involved in murder reprisals with Noongar people within the Bassendean district, rather the reference to Jennie Carter’s history text “Bassendean : A Social History 1829-1979” references events occurring in Upper Swan on land allocated to Peter Broun known as “Colstoun” bordering the Shaw family’s land grant. To claim Peter Broun was involved in a banking controversy is to overlook the fact that banking systems had not yet been established for colonists and as a concerned citizen, Mr Broun participated in banking activities to assist his fellow colonists. Peter Broun was Bassendean’s most distinguished local resident because of the prestigious nature of his office, as Colonial Secretary, and the length of his service (eighteen years) as well as for his encompassing administrative influence throughout the entire state of Western Australia. Mr Broun was uniquely involved with government appointments, land allocations and determinations, official correspondence with the Colonial Office and was well known as residing west of Guildford in present day Bassendean.

11.5 Notice of Motion – Cr Quinton: Single Use Plastics

Cr Quinton has advised that she wishes to move the following motion:

“That: 1. The Town of Bassendean recognise the scourge that single

use plastics has on our environment and is committed to reducing the amount of single use plastics created in the Town;

Ordinary Council Agenda 27/03/18 Page 102 of 105

2. The Town of Bassendean ban all use of single use plastics

at events organised or sponsored by the Town of Bassendean including but not limited to straws, plastics cups, including plastic lined cups and plastic bags;

3. The ban would take effect immediately however vendors would be given a six months grace period to source alternatives to single use plastic. If they used single use plastics, an officer from the Town would advise them of our ban and provide them with a list of alternatives;

4. The Mayor of the Town of Bassendean write to all businesses in the Town outlining our ban on single use plastics and encourage them to reduce single use plastics, particularly straws and plastic cups where possible;

5. The Mayor write to Hawaiian Shopping centre about installing a communal drop off point for cloth shopping bags for shoppers who forget their re-usable bags;

6. The Mayor write to Coles informing them of our ban and request they audit and cease their use of plastic wrapping, particularly on fruit and vegetables;

7. That the Town organise an education campaign about single use plastics, including a list of suppliers for vendors and businesses on where to source alternatives to single use plastics such as reusable and washable items, paper, cardboard, wooden or compostable single use items;

8. The scheme to be monitored by the Sustainability Committee.”

Background – Cr Quinton An overwhelming majority of Western Australians, more than 90%, are concerned about the impact that single plastics has on our environment and 84% of those support a ban in single use plastics bags. The Western Australian State Government has announced a ban in single use plastics from July 1, 2018 and the Town of Bassendean can play a part in preparing the community. While this is an excellent first step in reducing single use plastics ending up in our rivers and oceans, there is more can do as a community. Each year the Town hosts and sponsors a range of community events such as the Australia Day Fireworks, NAIDOC Day, summer music events and the Little Italy food festival. All of these events produce tonnes of waste from single use plastics. The Town of Bassendean can lead the way by banning all single use plastics at any event organised or sponsored by the Town. Every vendor would be sent an information pack about where they can source alternatives to plastics.

Ordinary Council Agenda 27/03/18 Page 103 of 105

A grace period may be required to educate and inform vendors and external organisations of the ban and a chance to source alternatives. According to Clean Up Australia, Australians dispose of an estimated 4 million plastic bags, or more than 20,000 tonnes of plastic waste, each year. Only three per cent of these are recycled, with the rest finding their way into the environment or landfill. On January 1, 2018, China announced it would no longer import certain waste products from overseas countries including Australia, including recyclable waste. This will have a huge impact on our ability to recycle, therefore we have a responsibility to reduce the amount of plastic we produce.

OFFICER COMMENT The Town currently has policy 4.7 Recyclable & Biodegradable Products at Town of Bassendean’s Events and Functions Policy that outlines the Town’s commitment to recycling at events either staged by or sanctioned by the Town. Whether imposing a ban and/or discouraging the use of single use plastics, in order for this to work, a well planned education program would need to be devised and communicated to all key stakeholders such as food vendors that will be impacted by the adopted position of Council. Staff have endeavoured to implement the current policy where possible by making available recycling bins at events and subject to sufficient resources available at the time, utilising Volunteers to engage with and educate event patrons to consider recycling their rubbish.

Overtime, Staff have discovered that providing recycling bins at events without an education program and/or making it easy for people to choose to recycle, inevitably leads to people using both waste and recycling bins to dispose of their rubbish. Ultimately this defeats the purpose of recycling as recyclable items become contaminated and go to landfill. In regards to Food Vendors, whilst no specific requirement has been placed on them to use recyclable items, Staff have endeavoured to reduce the use of plastic water bottles at events by having large drinking water tank trailers available for event patrons to either drink from the portable fountain or to refill their bottle.

Ordinary Council Agenda 27/03/18 Page 104 of 105

Whilst the East Metropolitan Council (EMRC) have a community event recycling trailer: http://www.rgang.org.au/community/event-recycling-trailer.aspx, It has not always been practical for staff to utilise the trailer due to the logistical issues of collecting and returning the trailer, as well as fitting in with the event itself. However, in developing an education program to raise awareness on recycling at events, Staff can once again, as part of exploring a suite of options, consider the pro’s and con’s of utilising the EMRC community event recycling trailer. In terms of the remaining events to be staged as part of the Town’s public events program, Staff propose that the 2018 Bassendean Visual Art Awards Opening Night be staged on Thursday 13 September to Wednesday 19 September, and be the first designated event where no single use plastics would be used and alternatives implemented. This would provide sufficient time for a education program and communications plan to be developed to support the adopted position of Council. In terms of the impact on businesses within the Town, it is important to take in account that a ban imposed by the Local Government Authority may not carry the same weight or buy in to comply, in comparison to a state wide ban imposed by the State and/or Federal Government if a ban is legislated in the future. It may be worth considering an opt in option for businesses to comply. It also worth considering that a blanket ban on single use plastics could disadvantage certain businesses/suppliers with higher overheads as they are forced to comply and implement the recycling and other requirements that have a higher financial cost. Alternatively, Council may like to consider that, rather than issuing a ban on the use of single use plastics or other non bio-degradable products, that the Town make a prominent statement in the issuing of all contracts to favour suppliers that demonstrate a philosophy of supporting and preserving the natural environment. This statement would cover a Food Vendor at an event through to a contractor maintaining the Town’s footpaths. The supplier would be required to advise on how they will fulfill/demonstrate this philosophy. In terms of leading by example, Council may also like to consider an education program for Councillors and Town Staff on changing behavior from using single use plastics to bio-degradable products. It is worth noting that the Town’s Library will be running an event … How I Live a Plastic-Free Life.

Ordinary Council Agenda 27/03/18 Page 105 of 105

A Lunch time Interlude, On Tuesday 27 March 2018 at 12:30pm. An amendment to policy 4.7 and the Town’s Events Application Form would be prudent should the notice of motion be passed by Council.

12.0 ANNOUNCEMENTS OF NOTICES OF MOTION FOR THE

NEXT MEETING 13.0 CONFIDENTIAL BUSINESS

13.1 Appointment of Members to Youth Advisory Council This matter is to be considered with members of the public excluded from the Chamber under Clause 5.23 (2) (b) of the Local Government Act 1995, as the officer report discusses information of a personal nature.

14.0 CLOSURE

The next Briefing Session will be held on Tuesday 17 April 2018 commencing at 7.00pm. The next Ordinary Council meeting will be held on Tuesday 24 April 2018 commencing at 7.00pm.