3.51 Notice of rescission not required
A Notice of Rescission is not required when Council wishes to amend a policy.
3.52 Urgent business
| 3.52.1 | Business can only be admitted as urgent business by resolution of the meeting if the motion is carried by the required number of councillors present as follows:| Councillors present | Votes required to carry motion |
|---|
| 11 | 8 | | 10 | 7 | | 9 | 6 | | 8 | 6 | | 7 | 5 | | 6 | 4 |
|
| 3.52.2 | Even if the required councillors carry the motion it still will not be accepted as urgent business unless it: |
| 3.52.2.1 | Relates to or arises out of a matter which has arisen since distribution of the agenda; and |
| 3.52.2.2 | Cannot be deferred until the next meeting without having a negative impact on the council the municipal district or the local community; and |
| 3.52.2.3 | Cannot be addressed through the operational service request process. |
| 3.52.3 | A councillor proposing that a matter be admitted as urgent business must lodge a request in writing with the chief executive officer by 4.00 pm on the day of the meeting. |
| 3.52.4 | The chief executive officer will advise the chairperson of any matter that they determines to be appropriate for council to consider admitting as urgent business. |
3.53 Discipline and suspensions
| 3.53.1 | If any councillor behaves offensively towards any other councillor or city officer the offending councillor will be required by the chairperson to withdraw the expression and make a satisfactory apology to the meeting. |
| 3.53.2 | A councillor must not use defamatory indecent abusive or offensive words in reference to any other councillor or city officer. |
| 3.53.3 | The chairperson may require a councillor to withdraw any remark which is defamatory indecent abusive or offensive in language or substance. |
| 3.53.4 | A councillor who is required to withdraw a remark must do so immediately without qualification or explanation. |
| 3.53.5 | A councillor must not make any noise or disturbance while another councillor or city officer is speaking. If they do so the chairperson must call upon the councillor by name and the councillor must immediately cease such disturbance. |
| 3.53.6 | The chairperson may suspend from a meeting for the balance of the meeting any councillor whose actions have disrupted the business of the council and impeded its orderly conduct. |
3.54 Removal from the meeting room
| 3.54.1 | The chairperson an authorised city officer may have any person removed from the meeting room for reasons of disorderly conduct or for failing to act in accordance with a direction from the chairperson. |
| 3.54.2 | A person removed from a meeting must leave the room in which the meeting is being held where they can no longer disrupt the meeting. |
3.55 Public addressing the meeting
| 3.55.1 | Members of the public do not have a right to address the council and may only do so in accordance with these rules or with the consent of the chairperson. |
| 3.55.2 | Any member of the public addressing council must extend due courtesy and respect to council and the processes under which it operates and must take direction from the chairperson whenever called on to do so. |
| 3.55.3 | Members of the public present at a meeting must not disrupt or interject during a meeting. |
3.56 Chairperson may adjourn disorderly meeting
If the chairperson is of the opinion that disorder at the council table or in the gallery makes it desirable to adjourn the council meeting they may adjourn the meeting to a later time on the same day or to some later day as they think proper. In that event the provisions for adjournment of meetings in these rules apply.
3.57 Removal from chamber
The chair or council in the case of a suspension may ask the chief executive officer or a member of the victoria police to remove from the chamber any person who acts in breach of this chapter and whom the chair has ordered to be removed from the gallery under these rules.
3.58 Suspension of standing orders
| 3.58.1 | To expedite the business of a meeting council may suspend standing orders. |
| 3.58.2 | The suspension of standing orders should not be used purely to dispense with the processes and protocol of the government of Council. an appropriate motion would be:That standing order be suspended to enable discussion on... |
| 3.58.3 | No motion can be accepted by the Chair - or lawfully be dealt with during any suspension of standing orders. |
| 3.58.4 | Once the discussion has taken place and before any motions can be put the resumption of standing orders will be necessary. An appropriate motion would be: That standing orders be resumed. |
3.59 Determination of meeting format
| 3.59.1 | By default Council meetings shall be conducted in person except as provided for in this Part. |
| 3.59.2 | Despite 3.59.1 Council may by resolution determine that a specific meeting or meetings will be conducted: |
| 3.59.2.1 | in person; |
| 3.59.2.2 | by electronic means of communication. |
The chairperson may with the consent of the meeting modify the application of any of the rules in this chapter to facilitate the more efficient and effective transaction of the business of the meeting.
3.60 Meetings conducted in person
| 3.60.1 | At meetings conducted in person Councillors shall physically attend the meeting unless a request to participate by electronic means of communication has been granted in accordance with this section. |
| 3.60.2 | A request to participate by electronic means of communication must be in writing signed by the Councillor and lodged or sent to the Chief Executive Officer at least 6 hours before the commencement of the meeting. |
| 3.60.3 | A request to participate by electronic means of communication must provide an explanation as to why the Councillor cannot reasonably participate in the meeting in person. For the avoidance of doubt a Councillor’s personal preference to participate by electronic means of communication does not constitute sufficient grounds for making a request. The Chief Executive Officer shall if requested by the Councillor keep confidential the submitted reasons for the request. |
| 3.60.4 | If a request to participate in a meeting by electronic means of communication does not comply with 3.60.3 the Chief Executive Officer shall decline to accept it and shall notify the Councillor and if time permits provide them an opportunity to submit a further request. |
| 3.60.5 | Subject to 3.60.6 the Chief Executive Officer shall grant all requests to participate in a meeting by electronic means of communication and shall notify all Councillors of the decision. |
| 3.60.6 | Unless extraordinary circumstances warrant it the Chief Executive Officer may not grant a request to participate in a meeting by electronic means of communication at the first meeting of Councillors after a General Election or if the meeting will consider: |
| 3.60.6.1 | the election of the Mayor under section 25 of the Act; |
| 3.60.6.2 | the election of the Deputy Mayor under section 27 of the Act; |
| 3.60.6.3 | the adoption of Governance Rules under section 60 of the Act; |
| 3.60.6.4 | the adoption of a Community Vision under section 88 of the Act; |
| 3.60.6.5 | the adoption of a Council Plan under section 90 of the Act; |
| 3.60.6.6 | the adoption of a Long Term Financial Plan under section 91 of the Act; |
| 3.60.6.7 | the adoption of an Annual Budget under section 94 of the Act; |
| 3.60.6.8 | the adoption of a Revised Budget under section 94 of the Act; |
| 3.60.6.9 | the presentation by the Mayor of an Annual Report under section 100 of the Act; or |
| 3.60.6.10 | the adoption of a Councillor Code of Conduct under section 139 of the Act. |
| 3.60.7 | A Councillor who is not physically in attendance at a meeting but is present by electronic means of communication without approval shall be recorded as absent and cannot to participate in the meeting. |
3.61 Meetings conducted by electronic means of communication
| 3.61.1 | Should the Chief Executive Officer receive requests under 3.59 to participate in a meeting by electronic means of communication from an absolute majority of Councillors the meeting shall be conducted solely by electronic means of communication. |
| 3.61.2 | Should the Chief Executive Officer determine that extraordinary circumstances warrant it they are authorised to determine that any meeting be conducted solely by electronic means of communication. |
| 3.61.3 | The Chief Executive Officer may take all relevant factors into account in making a determination that extraordinary circumstances warrant a meeting being conducted solely by electronic means of communication including but not limited to: |
| 3.61.3.1 | any risk to the health and safety of Councillors staff and the community; |
| 3.61.3.2 | whether all or part of the meeting is planned to be closed to members of the public under section 66(2) of the Act; or |
| 3.61.3.3 | whether the orderly conduct of a meeting may be affected by the format of the meeting. |
3.62 Adjustments to meeting rules
| 3.62.1 | If a meeting is conducted by electronic means of communication the following modifications to the application of the Rules in this Chapter are to be made: |
| 3.62.2 | References to a Councillor being present at a meeting shall be a reference to a Councillor being able to both hear and see other members in attendance and be heard and be seen by other members in attendance; |
| 6.62.3 | The Chairperson may with the consent of the meeting modify the application of any of the Rules in this Chapter to facilitate the more efficient and effective transaction of the business of the meeting. |
3.63 Procedure not provided in this chapter
In all cases not specifically provided for by these rules resort must be had to the standing orders and rules of practice of the upper house of the victorian parliament (so far as the same are capable of being applied to council proceedings).
3.64 Criticism of city officers
| 3.61.1 | The chief executive officer may make a brief statement at a council meeting in respect of any statement by a councillor made at the council meeting criticising them or any city officer. |
| 3.61.2 | A statement under this rule must be made by the chief executive officer through the chairperson as soon as it practicable after the councillor who made the statement finished addressing council. |