Part 17COMMITTEES

PART 17—COMMITTEES 17.1 Standing Orders Apply to Committees Except in so far as they limit the number of times a member may speak, this local law applying to the Council shall apply to committees. 17.2 Committees (1) 1. The Council may establish committees of 3 or more persons to assist the Council and to exercise the powers and discharge the duties of the Council that can be delegated to committees. 2. Any resolution to establish a committee or to appoint members requires an absolute majority of the Council. (2) A person appointed member as an ordinary member shall hereafter in this clause be referred to as “member” or an ordinary member, and a person appointed member as a deputy member shall hereinafter be referred to as “deputy” or “deputy member” unless the deputy is acting in place of an ordinary member. (3) 1. In this subclause “other person” means a person who is not a member or an employee of the Council. 2. A committee is to comprise of— (a) Council members only; (b) Council members and employees; (c) Council members, employees and other persons; (d) Council members and other persons; (e) employees and other persons; or (f) other persons only.

22 September 2016 GOVERNMENT GAZETTE, WA 4091 (4) At any given time each member is entitled to be an ordinary member of at least 1 committee referred to in item (a) of the preceding subclause, and if a member nominates himself or herself to be a member of 1 or more of such committees, the Council shall include that member to at least 1 of those committees as the Council determines. (5) If at a meeting of the Council appointments are to be made to a committee that has or could have an elected member as a member and the Mayor informs the Council of his or her wish to be a member of the committee, the Council shall appoint the Mayor to be a member of the committee. (6) If at a meeting of the Council an appointment is to be made to a committee that has or will have an employee as a member and the CEO informs the Council of his or her wish— (a) to be a member of the committee; or (b) that a representative of the CEO be a member of the committee, the Council shall appoint the CEO or the CEO’s representative, as the case may be, to be a member of the committee. (7) The Council may appoint a deputy as referred to in clause 17.2(2)— (a) as a deputy having office for the same period as a relevant ordinary member to act in place of the relevant ordinary member whenever the relevant ordinary member is unable to be present at a meeting of the committee; or (b) as a deputy to a member who is presently unable or expected to become unable for any cause to perform the functions of a member and such a deputy shall have office during the period that the ordinary member is unable to perform the functions of a member, unless a shorter term is stipulated by the Council. (8) The Council may only appoint a person to be a member of a committee as deputy who would be qualified to be appointed as an ordinary member. (9) In the event that the Council appoints 2 or more deputies to any member of a committee, they shall have seniority in the order determined by the Council. (10) If a member of a committee does not attend a meeting, during the member’s absence any deputy of that member is entitled to attend the meeting in place of the member and act for the member at the meeting, and while so acting has all the powers of that member. For all purposes under this local law a deputy acting for a member shall be treated as and included in any reference to the members or a member of the committee as if the deputy was the ordinary member, and the deputy member’s vote shall have effect accordingly. (11) If a deputy has commenced to act in place of a member at a committee meeting and the member attends the meeting, the member takes precedence and assumes the seat and the deputy shall thereupon cease to act as a member at that meeting. (12) A deputy who is 1 of 2 or more deputies of a member of a committee is not entitled to attend a meeting of the committee in place of that member if the meeting is attended by another deputy of that member who has precedence over that deputy in the order of seniority determined under clause 17.2(9). (13) A person who is a member of a committee is not eligible to be appointed a deputy for another member of that committee. (14) An absolute majority of the Council is required for the appointment of any member to a committee including a deputy member, with the exception of members appointed pursuant to clauses 17.2(5) and 17.2(6). 17.3 Member Attending Committee as Observer (1) A member may attend as an observer at meetings of a committee notwithstanding that the member is not a member of that committee. A member attending a committee meeting as an observer may speak on nominated issues by resolution of the committee, but shall not vote on any question before the committee unless the member is a deputy of a member excluded from a meeting pursuant to clause 19 and he or she is then entitled to participate pursuant to clause 17.4.(4). (2) Subject to the preceding subclause a member attending a committee as an observer shall sit in an area set aside by the presiding member for observers. 17.4 Term of Appointment (1) Whenever possible committees should be established at the first meeting of the Council held after the ordinary election day. (2) Where a person is appointed as a member of a committee under clauses 17.2(5) or 17.2(6), the person’s membership of the committee continues until— (a) in the case of the Mayor, the person no longer holds that office; (b) in the case of the CEO or the CEO’s representative, the person no longer holds that position; (c) the person resigns from membership of the committee; (d) the committee is disbanded; or (e) the next ordinary election day, whichever happens first. (3) Where a person is appointed as a member of a committee as ordinary member or deputy member other than under clauses 17.2(5),17.2(6), or 17.2(7) (b) the person’s membership of the committee continues until— (a) the term of the person’s appointment as a committee member expires;