Precinct Policy

WAVERLEY COUNCIL PRECINCT POLICY

Adopted by Council 21 June 2005

File Number: A04/0038


1 INTRODUCTION
1.1 Waverley Council introduced Precinct Committees in 1987 as an initiative to improve opportunities for residents to participate in Council's decision making.

1.2 Precincts are committees of residents from local areas who meet regularly to discuss issues, which affect them. They are voluntary and have a charter for open and informed debate and commentary on matters affecting their area. They are recommending bodies/committees and a source of community opinion for Council. Decisions made by Precincts are not binding on Council.

1.3 Because Council has a commitment to participatory democracy, the views of the Precincts and of residents are of primary concern to Council as a necessary input to the decision making process in relation to all matters affecting the general amenity of the area.

1.4 Where appropriate, representatives of Waverley Council and other relevant organisations are to be invited by the Precinct to be involved in discussions relating to any proposed projects. Where appropriate and possible, in the area of community service activities undertaken by Council, the boards or management committees of those services are to encourage Precinct/resident representation.

1.5 Precinct Committees have a geographical basis and operate within defined boundaries. They are not single issue groups; nor are they dominated by any group with a specific political platform or single interest. The credibility and effectiveness of the Precinct system relies on the goodwill generated by Precincts being seen to be broadly representative of the views of the residents of the Precinct area.

1.6 Precinct committees discuss matters of local relevance such as development applications; major public works; traffic management proposals; the maintenance, improvement or use of public parks, reserves and beaches; environmental issues; provision of community services and any proposed zoning changes affecting the Council area.

1.7 Precincts have the right to address the relevant Council Committee about any aspect of their recommendations relating to items on the agenda of the Council Committee meeting.

1.8 Waverley Council’s Precinct system operates according to a Precinct Policy, which is reviewed at least every four years by a committee comprising, nominated Precinct representatives and Council officers.

1.9 Waverley Council’s Precinct Policy may be complemented by procedures/guidelines contained in a Precinct Handbook.


PRECINCT OBJECTIVES
2.1 To encourage a close link between Council and the community by establishing and maintaining a two way flow of communication and information.

2.2 To encourage residents to actively participate in Council decision making relevant to their area.

2.3 To alert Councillors about areas of concern in their wards and to provide community input to Councillors.

2.4 To assist Council to canvas residents’ views on local issues and to maintain open and accountable government in Waverley.

2.5 To improve the local Precinct area by providing a forum to discuss local issues.

2.6 To promote good working relationships with Council through its Councillors, staff and other members of the community.

2.7 To encourage positive interaction between the community and their environment.

ROLE OF THE PRECINCT EXECUTIVE
3.1 To maintain the vitality of the Precinct system by holding Precinct meetings at least three times per year including an Annual General Meeting.

3.2 To supply timely input to Council on issues affecting the amenity of the local Precinct.

3.3 To assist Council in formulating its programs by providing information about the needs of local Precincts.

3.4 To encourage all residents in the Precinct and Ward Councillors to attend meetings by:

a) ensuring that meetings are well publicised and adequate notice is given (at least 7 days in advance);

b) setting agendas, which are relevant to local needs and stimulate interest in local issues and issues of broader concern;

and

c) ensuring meetings are conducted in accessible venues in an orderly and open manner, which encourages participation and the expression of a cross section of views.

3.5 In setting the agenda for a meeting the following items should generally be included:
  • Apologies;
  • Confirmation of the minutes from the previous meeting;
  • Matters arising from the previous minutes;
  • Minutes of any Precinct Executive meetings;
  • Correspondence in and out;
  • Reports – including those from the Police, DA representative, the Traffic Representative and any other sub-committees;
  • General Business.

3.6 To monitor attendance at Precinct meetings by keeping attendance sheets at all meetings. This ensures that there is a way to check whether the people attending are eligible to vote. The attendance registers must record the name, home address, residential property address (if relevant), contact phone number and signature of those people present who agree to supply this information. Only those people who complete the register may vote, if they are eligible. Totals of all people attending must be shown.

3.7 To ensure the meeting has a quorum before it commences and during the course of the meeting. A quorum is at least five Precinct members who have voting rights including at least one member of the Precinct executive.

3.8 To keep an accurate record of voting at meetings and ensure that only those eligible to vote take part in the procedure. To be eligible to vote a person must be at the meeting and:-

a. be 16 years of age or older and be a resident of the Precinct area;
OR
b. be a non-resident, 16 years of age or older, and own residential property in the Precinct area;
OR
c. be a non-resident, 16 years of age or older, given voting privileges for the meeting by the Precinct subject to the concurrence of the meeting. This can include owners or tenants of commercial property located in the Precinct area.

Individuals who own residential property in more than one Precinct are entitled to attend and vote in any Precinct where they own property, even if they are not resident in that Precinct. They will have only one vote at the Precinct meeting they attend, not one vote for each fully or partly owned residential property in that Precinct. Also, where there is joint ownership of a residential property in the Precinct, only one joint owner may vote at the Precinct meeting they attend, not one vote for each joint owner.

Ward Councillors are encouraged to attend Precinct meetings. Councillors are entitled to vote at any Precinct meeting if they are a resident of that Precinct area, own residential property in the Precinct area or are given voting privileges for the meeting by the Precinct, subject to the concurrence of the meeting.

If the right to vote is exercised by a councillor at a Precinct meeting that vote should be recorded separately in the minutes.

3.9 To record minutes of decisions and issues expressed at meetings and to forward to Council a copy of the minutes and attendance sheets no later than two weeks after the meeting. In exceptional circumstances the Community Liaison Co-ordinator may grant an extension of time.

3.10 Prior to discussion on any item where they may have, or be perceived to have, a conflict of interest, Precinct Executive members should declare and have noted this interest. This declaration is to be included in the meeting minutes.



An actual or perceived conflict of interest can occur when Precinct Executive members have a personal interest that could lead to them being influenced in the way they carry out their Precinct duties, or could lead a fair person to think that they could be influenced. A conflict of interest could also include the personal interest of a Precinct Executive member’s family, relative, friends, associates, employer or anybody close who has a personal interest in a matter being discussed by a Precinct. When there is any pecuniary interest, the Precinct Executive member must declare that interest and stand down from the Chair of the meeting during the debate.

3.11 To ensure Annual General Meetings are held incorporating annual elections of Precinct Executives. Precincts aim to hold AGM's between the beginning of April and the end of May each year.

OPERATION OF PRECINCT EXECUTIVES BETWEEN MEETINGS
4.1 Unless the Precinct decides otherwise, Precinct executives can act under delegated authority between Precinct meetings but must report on the decisions they have made and actions they have taken at the next available Precinct meeting so that the decisions/actions may be ratified by the Precinct’s members who are eligible to vote. If the decisions and/or actions are not ratified the Precinct will decide what actions must then be taken.

4.2 Minutes must be taken of all meetings of Precinct Executives which are held between Precinct meetings. These minutes must be tabled for adoption at the next Precinct meeting.

COMPOSITION OF PRECINCT COMMITTEES
5.1 Precinct Committees are broadly representative of the residents within the Precinct boundaries. Every meeting is open to all residents within the Precinct area and visitors who reside outside the Precinct area.

5.1.1 Executive committee members are elected at the Annual General meeting and should, as far as possible, include a minimum of two people being a convenor and a secretary. Voting for each position is done by a show of hands from those eligible to vote. Nominees and nominators must:

a. be 16 years of age or older and be a resident of the Precinct area
OR
b. be a non-resident, 16 years of age or older, and own residential property in the Precinct area, in which case the owner must declare the nature of the property ownership.

All those nominated must be present or provide a written nomination signed by both the nominee and nominator.

5.1.2 Voting for a non-resident residential property owner of the precinct area for a Precinct Executive position may only occur if no resident has been nominated for that position.

5.2 The Precinct Executive should, where possible, rotate the roles of Convenor and Secretary at least bi-annually, to allow development of all members and encourage full participation.

5.3 As far as possible an individual should only hold one Precinct Executive position at a time. Where there is more than one nomination for Precinct Executive positions, a person should only be elected to the one position.

5.4 A person elected as a Precinct Executive member in one Precinct can not be elected and serve as a Precinct Executive member in another Precinct at the same time.

5.5 Elected Ward Councillors cannot hold Precinct Executive positions.

5.6 A Precinct Committee may decide to establish one or more sub committees to assist them in their work. The Precinct Committee will elect or co-opt members of any sub committee.

5.6.1 If established, a Precinct Committee sub committee will elect a chairperson. The chairperson of a Precinct Committee sub committee will be responsible for ensuring the sub committee meets as required and reports on its discussions to the next meeting of the Precinct Committee.

5.6.2 Any recommendations from a Precinct Committee sub committee will be voted on by the Precinct Committee and will be recorded in the minutes of the Precinct Committee meeting. The Precinct Committee sub committee will only have delegated authority to make decisions and/or take action between Precinct meetings if the Precinct specifically delegates this authority by a vote of the Precinct, in which case, they must report on the decisions they have made and actions they have taken at the next available Precinct meeting so that the decisions/actions may be ratified by the Precinct Committee. If the decisions and/or actions are not ratified the Precinct will decide what actions must then be taken.

WINDING UP A PRECINCT COMMITTEE
6.1 If a Precinct Committee is unable to:
(i) hold at least three meetings a year, including an Annual General Meeting;
(ii) maintain a quorum for four consecutive meetings;
(iii) elect a Precinct Executive for four consecutive meetings;
Then Council’s Community Liaison Co-ordinator will ask the Precinct Review Committee (a sub committee of the Combined Precinct group) to provide advice about what action can be taken to assist residents in the Precinct area to maintain a viable Precinct Committee.

6.2 If the conditions set out in 6.1 above apply, then the Precinct Review Committee will recommend to the Combined Precincts group actions to be taken to revive, reorganise or wind up the Precinct.

COMBINED PRECINCTS MEETINGS
7.1 Meetings of representatives of all the Precincts in Waverley are organised by Council at least twice a year. This meeting is referred to as a Combined Precincts meeting.

7.2 Each Precinct is able to nominate two voting representatives to the Combined Precincts meeting. Additional representatives from any Precinct can attend Combined Precincts meetings but each Precinct is only allowed two voting representatives at the meeting.

7.3 Nomination and election of Precinct representatives to attend Combined Precincts meetings will normally be made at the time of a Precinct’s AGM. A Precinct can determine at any time to change its nominated Combined Precincts meeting representatives. Should a Precinct change either of its voting representatives it must advise Council’s Community Liaison Coordinator prior to the Combined Precincts meeting.

7.4 A Precinct’s Combined Precincts voting representatives must be at the Combined Precincts meeting to be able to vote. Proxy vote will not be accepted.

7.5 The Combined Precincts may choose to establish sub-committees to act on their behalf.

COUNCIL'S ROLE IN THE PRECINCT SYSTEM
8.1 Council promptly refers all relevant matters to the Precincts for comment, decision or recommendation. These matters include:-

8.1.1 Notification of all Development Applications, with the exception of exempt and complying development, to the relevant Precinct Committee for comment and recommendation. Adopted Precinct motions relating to Development Applications are referred to: -

a) the relevant Council Departments; and/or
b) any Council Committee that is deemed necessary by Council
c) Ward councillors.

Precincts must submit their responses on Development Applications to Council within the nominated time for comment.

8.1.2 Council refers matters relating to traffic management (including pedestrian, cycling and public transport issues) for comment or recommendation to all Precincts likely to be affected prior to submission to the Traffic Committee. Council refers all Traffic Committee agendas and minutes to the Precincts. Adopted Precinct motions relating to traffic management issues are forwarded to: -

a) relevant Council officers for evaluation and potential assessment by the Waverley Traffic Committee
b) Ward councillors.

8.1.3 Council submits any proposed Plans of Management to the relevant Precinct while still at project formulation stage

Adopted Precinct motions commenting on Plans of Management are forwarded to: -

a) the relevant Council Departments;
b) Ward Councillors.

8.1.4 Council also refers the following additional matters to relevant Precincts for comment:-

a) Council's draft Annual Management Plan including the proposed annual estimates, rating structure and capital works program.

b) Major public works proposals while still at project formulation stage.

c) Any proposed classifications or reclassifications of public land acquired or transactions relating to community land (in accordance with requirements under the Local Government Act).

d) Any proposed zoning changes including Local Environmental Plans, proposed Development Control Plans and other planning policies and instruments.

All Precinct responses to Council should clearly state the date and type of meeting when the matter was considered and the relevant extract from the minutes of the meeting in which they considered the matter.

8.2 Council acts as a facilitator for the Precincts through the Community Liaison Co-ordinator in providing information necessary for Precincts to make informed decisions (including access to Council files). Council also provides administrative assistance such as organising printing of notices, typing and distributing minutes and circulars, photocopying and advertising meeting dates in local newspapers.

8.2.1 Council reserves the right to alter the content of notices in consultation with the Precinct.

Where Council has an objection to the content of the notice, the Community Liaison Co-ordinator will inform the Precinct within two working days after receipt of the notice.

If the Council and the Precinct cannot reach agreement, Council reserves the right not to publish and distribute Precinct notices.

8.2.2 Precincts must submit all notices of Precinct meetings to Council no later than fourteen days prior to the Precinct meeting date.

8.3 Council maintains an up to date Precinct website containing all Precinct minutes received by Council and listing current Precinct Executive contact details.

8.4 Council provides funding to assist with the administrative requirements of Precincts along with a provision for an annual petty cash allocation to Precincts to assist with Precinct expenses.

8.5 Council may provide funding to assist with training requirements of the Precinct Executives.

8.6 Council’s Community Liaison Co-ordinator keeps in regular contact with all Precincts to offer appropriate support.

8.6.1 The Community Liaison Co-ordinator refers all adopted Precinct motions to Council departments or to the relevant Council officers, together with communication of these actions to the Ward Councillors.

8.6.2 The Community Liaison Co-ordinator initiates appropriate and prompt actions on all Precinct requests, including where appropriate, entering these matters into Council’s computerised Customer Action Request System (CARS).

8.7 Council’s Community Liaison Co-ordinator assists with the induction of new Council staff to ensure they are aware of the Precinct system; liaises with other Council staff about the operation of the Precinct system, including arranging for them to attend and speak at Precinct meetings; assists with the orientation of new Precinct Executives; works with Precinct Committee members and other Council staff to develop procedures/guidelines for Precinct Executives as well as initiate strategies to improve the operation of the Precinct system.

8.8 The Community Liaison Co-ordinator encourages Councillors to attend all Precinct meetings in their ward by timely notification of the time, place and date of all Precinct meetings in their ward. The Community Liaison Co-ordinator provides Councillors with names and contact details of all executive officers of the Precinct Committees in their ward as soon as the Precinct provides the information. This officer also provides Ward Councillors with copies of the minutes of all Precinct meetings in their ward.

DISPUTE RESOLUTION
9.1 Council acknowledges that the successful operation of a Precinct needs the support of residents, other Precincts and Council staff. If difficulties arise a simple, effective, timely and objective dispute resolution process is needed.

9.2 Where the Executive of a Precinct is unable to resolve a matter with the Executive of another Precinct, they will refer the matter to Council's Community Liaison Co Ordinator.

9.2.1 If the Community Liaison Co Ordinator is unable to resolve the matter, that officer will arrange a meeting of representatives from the Executive of both Precincts, the Precinct Review Committee and either the Community Liaison Co Ordinator or Council's Manager of Information and Administrative Services to discuss and, if possible, resolve the matter.

9.2.2 If resolution isn't possible, the Community Liaison Co-ordinator will place the matter on the agenda of the next Combined Precinct meeting.

9.3 If a resident has an issue with their local Precinct group they are unable to resolve, the resident can, or the Precinct Executive should, refer the matter to Council's Community Liaison Co Ordinator.

9.3.1 If the Community Liaison Co Ordinator is unable to resolve the matter, that officer will arrange for the resident and a representative from the Precinct Executive to meet with members of the Precinct Review Committee and the Community Liaison Co-Ordinator and/or Council's Manager of Information and Administrative Services to discuss and, if possible, resolve the matter.

9.3.2 If agreement can't be reached within 5 days of the meeting, the Community Liaison Co Ordinator will prepare a report for Council's General Manager on the matter. This procedure does not preclude a resident from taking a matter directly to their Ward Councillors or any other Councillor or the General Manager.

9.4 Where the Executive of a Precinct is unable to resolve an issue with a Council officer, they will refer the matter to Council's Community Liaison Co Ordinator.

9.4.1 The Community Liaison Co Ordinator will advise and arrange a meeting with the Director, Corporate and Technical Services and, if the officer doesn't work in Corporate and Technical Services, the Director of the department in which the officer works.

9.4.2 The Community Liaison Co Ordinator will notify the Precinct Executive of the result of this meeting. If agreement can't be reached within 5 days of the meeting, the Community Liaison Co-ordinator will prepare a report for Council's General Manager on the matter. This procedure does not preclude a Precinct from taking a matter directly to their Ward Councillors or any other Councillor or the General Manager.

9.5 Where a Council officer is unable to resolve an issue with the members of a Precinct the officer should advise their Director, who should notify Council's Community Liaison Co-ordinator.

9.5.1 The Community Liaison Co-ordinator will arrange a meeting with the officer, their Director and representatives of the Precinct Executive.

9.5.2 If no agreement is reached, as a result of this meeting, the Community Liaison Co-ordinator will prepare a report for Council's General Manager on the matter. This procedure does not preclude a Precinct from taking a matter directly to their Ward Councillors or any other Councillor or the General Manager.

PERFORMANCE INFORMATION
10.1 The Community Liaison Co-ordinator collects and regularly reports on information about the operation of the Precincts.

10.2 The information the Community Liaison Co-ordinator reports on includes but is not limited to:

The number of times each Precinct Committee meets;

The number of attendees recorded at each Precinct Committee meeting;

The date the Community Liaison Co-ordinator receives/agrees the Precinct Committee agenda and the date it is sent for distribution;

The date and number of days from the Precinct meeting that the Community Liaison Co-ordinator receives the Precinct Committee minutes and distributes these minutes;

The number of motions each Precinct Committee meeting submits to Council and, for each motion, the date it was adopted by the Precinct and the date a response was provided to the Precinct on how the matter was being addressed.


ATTACHMENT 1

SUB COMMITTEES ESTABLISHED BY THE COMBINED PRECINCTS GROUP OR
COMMITTEE MEMBERSHIP DETERMINED BY THE COMBINED PRECINCTS GROUP

PRECINCT REVIEW COMMITTEE (PRC)

1. The Precinct Review Committee operates as a representative, advisory and reference group of the Combined Precincts in developing, promoting and mediating between and within the Precincts:-

a) to assist in the development of induction training and on-going support processes for Precinct Executives to properly perform their roles
b) to assist in promoting an increased community awareness for and participation in the Precinct system and that any and all representative groups (e.g. youth, people from a non-English speaking background) may be heard and there is an adequate opportunity for communication between Councillors and the Precinct
c) to assist in review, improvement and clarification of Waverley Council’s Precinct Policy (‘The Policy’), as per the Policy and whenever explanation is required
d) to provide consultation, recommendation and ideas for any measure of Precinct structure and operation e.g. Boundary review
e) to assist in conflict/dispute resolution between and within Precincts through balanced consideration, recommendation and mediation processes.

2. The PRC will consist of a minimum of four members and a maximum of six members.

3. A PRC meeting needs at least 75% of elected members to be present for a quorum
(i.e. 3 members for a 4 or 5 member PRC and 4 members for a 6 member PRC).

4. Members of the PRC are elected for a period of twelve months by those eligible to vote at the first Combined Precincts meeting each year. People nominated for election must have agreed to stand before they can be elected.

5. The PRC will meet as required but at least once in the twelve months following the election of PRC members by the Combined Precincts.

TRAFFIC FORUM

1. The major aim of the Traffic Forum is to help implement Council’s Traffic and Transportation Policy by providing a forum for discussion between community members, Councillors, traffic engineers, Council officers and other experts (eg representatives from RTA, Sydney Buses). The Forum also advises Council on what it considers to be the best ways to achieve the objectives of the Traffic and Transportation Policy.

2. Precinct representation on the Traffic Forum will be elected annually for a period of twelve months by those eligible to vote at the first Combined Precincts meeting each year. People nominated for election must have agreed to stand before they can be elected.

3. Precinct representation on the Traffic Forum will consist of one representative from each of Council’s four wards (i.e. Lawson, Waverley, Bondi and Hunter). Where possible the elected representative should be a Precinct Committee traffic representative. If a ward cannot nominate a representative, that ward forfeits its position on the Traffic Forum. However, the other three wards can not nominate a representative to fill the vacant position.