New England Group of Councils Our Reference: S14.11.2 23 October 2015 Joint Organisations Emerging Directions Office of Local Government Locked Bag 3015 NOWRA NSW 2541 via email: [email protected] Dear Sir Re: Joint Organisations - Emerging Directions Paper The Group considered the issues contained in the Discussion Paper and reached a consensus view on the following matters: 1. Design Principles Consensus View: Support the principles listed. Commentary: Strong support for the fundamental that JO’s should not be a 4th tier of government. It was acknowledged that the majority of other principles can be expressed in specific terms in the final framework for JO’s, however the ‘4th tier issue’ may need to be reflected in a Charter statement, similar to s.8 Local Government Act 1993. A set of core activities that is consistent for all JO’s is required, together with a flexibility for individual JO’s to add activities that reflect regional needs. The group acknowledged that there is potential tension between the ‘serve the best interest……Councils’ principle and the role of a Mayor – which is to promote the best interests of their community. 1 c/- Inverell Shire Council, PO Box 138, Inverell NSW 2360 2. Core Functions Consensus View: Support the three (3) core functions. Commentary: 3. Entity and Powers Consensus View: 4. These functions are contained in NEGOC’s objectives. Nothing should be included in the legislation establishing JO’s that will limit individual Councils establishing share service arrangements outside the JO framework. Support Option 4 for the enabling model. Governance and Accountability Consensus View: General support for these matters, however some divergent views on individual matters. Commentary: Strong preference for decision making by consensus, with a ‘back-up’ mechanism for a formal vote requiring 75% majority to break a stalemate situation. This matter is most appropriately addressed in the JO constitution not legislation. The group placed high importance on keeping the Governance model simple, however a code of conduct and constitution is considered essential. NEGOC supports the role of the Chair and Board outlined in the ED Paper. With regards to planning and reporting, NEGOC supports a model that balances simple, multi-purpose reporting with strong transparency favouring a planning and reporting structure that establishes strong links between State Priorities and the Integrated Planning and Reporting framework. NEGOC seeks further clarification on Regional Strategic Planning – what does this function encompass, what are the collaborative arrangements, will there be guidance (ie a toolkit?). NEGOC expresses some concerns regarding resourcing JOs. Noting there needs to be a fair funding mechanism that keeps costs down. The group questioned the need for sitting fees, however, agree legitimate expenses should be met (eg travel). NEGOC seeks clarification on 2 c/- Inverell Shire Council, PO Box 138, Inverell NSW 2360 5. who would cover these costs, the JO or the individual Council? NEGOC suggests that the capacity level of the Executive Officer should not be prescribed. Simply ‘appropriate skills to operate at the level of a General Manager’, needs to be best fit for individual JOs. General Matters As a precursor to considering the Discussion Paper, the Group participated in an exercise that considered the following questions: What Excites members about Joint Organisations? What’s the upside? What do you find Worrisome about Joint Organisations? What’s the downside? What else do you Need to Know or need to find out about Joint Organisations? What additional information would help you to evaluate things? What Suggestions for Moving Forward do you have for how NEGOC might operate under a Joint Organisation framework? A summary of the responses is attached, which may be of interest in highlighting matters of interest to the Group. Yours faithfully P J HENRY PSM SECRETARIAT 3 c/- Inverell Shire Council, PO Box 138, Inverell NSW 2360 4 c/- Inverell Shire Council, PO Box 138, Inverell NSW 2360 5 c/- Inverell Shire Council, PO Box 138, Inverell NSW 2360
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