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Procedure at meetings - parts 11 to 20

Sections 11 to 20 in part three of chapter two in the Governance Rules.

3.11 Duties and responsibilities of the chairperson

The duties and responsibilities of the Chairperson are:

3.11.1to formally declare a Council meeting open, after ascertaining that a quorum is present, and to welcome guest speakers and other visitors;
3.11.2to preside over and control the meeting, and to conduct it impartially and according to the rules to ensure the smooth passage of business;
3.11.3to sign minutes of meetings as correct when they have been confirmed;
3.11.4to present any reports for which they are responsible;
3.11.5to ensure that debates are conducted in the correct manner;
3.11.6to declare the results of all votes;
3.11.7to give rulings on points of order and other questions of procedure;
3.11.8to preserve order; and
3.11.9to adjourn (when so resolved) or formally declare the meeting closed when all business has been concluded.

In addition, the Chairperson:

3.11.10must not accept any motion which is determined by the Chairperson to be:
3.11.10.1defamatory;
3.11.10.2objectionable in language or nature;
3.11.10.3vague or unclear in intention;
3.11.10.4outside the powers of Council; or
3.11.10.5irrelevant to the item of business on the agenda and has not been admitted as urgent, or purports to be an amendment but is not;
3.11.11must not accept any motion, question or statement that is derogatory of any Councillor, City officer, or member of the community; and
3.11.12must call to order any person who is disruptive or unruly during any meeting.

3.12 Order and content of business

3.12.1The order and content of business of any council meeting will be determined by the chief executive officer, after consulting with the mayor, in order to facilitate and maintain open, efficient and effective processes of government.
3.12.2Once an agenda has been sent to councillors, the order of business for that meeting may be altered with the consent of a majority of the councillors attending that meeting.

3.13 Councillor leave of absence and absence from meeting

3.13.1Any councillor seeking leave of absence from council duties must do so in writing addressed to the chief executive officer.  Applications for leave shall be listed for consideration at the next council meeting and the council must not unreasonably refuse to grant the request for leave of absence.
3.13.2Where a leave of absence has been granted to a councillor, the chief executive officer must record the leave of absence in the minutes of the council meeting held during the period of the leave of absence.
3.13.3If councillor intends to be absent from a meeting, the councillor must give the chairperson of that meeting notice of apology prior to the meeting.

3.14 No photography or recording of meetings

With the exception of a city officer authorised by the chief executive officer, no person is permitted to photograph or video or audio record any council meetings without specific approval by resolution at the meeting.

3.15 Record of proceedings

The chief executive officer or a city officer authorised by the chief executive officer shall record in the minutes of each meeting:

3.15.1The place, date and time of each meeting;
3.15.2The names of all councillors present at the meeting;
3.15.3The names of council staff present;
3.15.4The names of all councillors for whom apologies were received, or for whom leave of absence was granted and will also record leave of absence in the meeting agenda;
3.15.5Arrivals and departures, including temporary departures, of councillors during the course of the meeting;
3.15.6All declarations of a conflict of interest by councillors in agenda items, including an explanation given by the councillors under Chapter 5 of these rules;
3.15.7Questions from the public;
3.15.8Each motion and amendment moved, including motions and amendments withdrawn by consent of the council, or which lapse for want of a seconder;
3.15.9Each motion put to the vote;
3.15.10The vote cast by each councillors on each division called;
3.15.11The adjournment of the meeting and any reason for the adjournment;
3.15.13The time at which standing orders were suspended and resumed; and
3.15.14The failure to meet a quorum.

3.16 Confirmation of minutes

At every council meeting the minutes of the preceding meeting must be dealt with as follows:

3.16.1A copy of the minutes must be delivered to each councillor no later than 72 hours before the next meeting;
3.16.2If no councillor indicates opposition, the minutes must be declared to be confirmed;
3.16.3Subject to clause 3.17, if a councillor indicates opposition to the minutes:
3.16.3.1They must specify the item(s) to which they object;
3.16.3.2The objected item(s) must be considered separately and in the order in which they appear in the minutes;
3.16.3.3The councillor objecting must move accordingly without speaking to the motion;
3.16.3.4The motion must be seconded;
3.16.3.5The chairperson must ask

Is the motion opposed?
3.16.3.6If no councillor indicates opposition, the chairperson must declare the motion carried without discussion and ask the second question described in clause 3.16.3.10;
3.16.3.7If a councillor indicates opposition, the chairperson must call on the mover to address the meeting;
3.16.3.8After the mover has addressed the meeting, the seconder may address the meeting;
3.16.3.9After the seconder has addressed the meeting (or after the mover has addressed the meeting if the seconder does not), the chairperson must invite debate by calling on any councillor who wishes to speak to the motion, providing an opportunity to alternate between those wishing to speak against the motion and those wishing to speak for the motion;
3.16.3.10If, after the mover has addressed the meeting, the chairperson invites debate and no councillor speaks to the motion, the chairperson must put the motion and, after all objections have been dealt with, ultimately ask:

That the minutes be confirmed

Or

That the minutes, as amended, be confirmed

And they must then put the question to the vote.

3.16.3.11A resolution of council must confirm the minutes and the minutes must, if practicable, be signed by the chairperson of the meeting at which they have been confirmed.
3.16.3.12The minutes must be entered in the minute book and each item in the minute book must be entered consecutively; and
3.16.3.13Unless otherwise resolved or required by law, minutes of a delegated committee requiring confirmation by council must not be available to the public until confirmed by council.

3.17 No debate on confirmation of minutes

No discussion or debate on the confirmation of minutes is permitted except when the accuracy of the minutes as a record of the meeting to which they relate is questioned.

3.18 Deferral of confirmation of minutes

Council may defer the confirmation of minutes until later in the council meeting or until the next meeting if considered appropriate.

3.19 Publication of minutes

3.19.1The chief executive officer must ensure that the minutes of any council meeting are:
3.19.1.1Published on council’s website and will use reasonable endeavours to do so within 3 business days of a meeting; and
3.19.1.2Available for inspection at council’s office during normal business hours.
3.19.2Nothing in these rules requires council or the chief executive officer to make public any minutes relating to a council meeting or part of a council meeting closed to members of the public in accordance with section 66 of the act.

3.20 Declaration of direct and indirect interests

3.20.1If a councillor has a direct or indirect interest in relation to an agenda item, that interest must be declared at the time specified in the agenda. The councillor must leave the room until the matter is concluded.
3.20.2Nothing in this section takes away from a councillor’s duty under the act to disclose the existence, nature and class of any conflict of interest that councillor has in an item of business immediately before the consideration or discussion of that item of business.
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