HURSTVILLE CITY COUNCIL
CIVIC CENTRE, MACMAHON STREET, HURSTVILLE.
__________________________________

SUMMARY OF ITEMS TO BE ADDRESSED AT
THE SPECIAL COUNCIL MEETING
TO BE HELD ON 2ND APRIL, 2003


Summary:
Item No: CCL042 - 03 - DELEGATIONS OF AUTHORITY TO THE GENERAL MANAGER
(Report By Executive Officer, Mr G McCarthy) M/00006





___________________________________________________________________________
Meeting No. 1 to be held on 2nd April, 2003


28 March, 2003





Meeting Date: 02/04/2003

CCL042 - 03DELEGATIONS OF AUTHORITY TO THE GENERAL MANAGER

REPORT AUTHOR/S

Executive Officer, Mr G McCarthy

FILE REFERENCE

M/00006

REASON FOR REPORT

To alter the wording of the existing general delegation of authority to the General Manager

DOES AN EXISTING POLICY COVER THIS MATTER?

Yes

IF "NO" - SHOULD A POLICY BE DEVELOPED?

No

FINANCIAL IMPLICATIONS

N/A

DOES THIS REPORT REFERENCE AN EARLIER REPORT? (If so, then indicate full report reference details)

Yes - Item CCL039A to the Ordinary Meeting of Council held on 26th March 2003


EXECUTIVE SUMMARY
In order to provide for the expedient exercise and performance of Council's powers and duties and the efficient management of Council's business and responsibilities, the report suggests an alteration of the wording of the existing general delegation of authority to the General Manager.

RECOMMENDATION
THAT pursuant to the powers of delegation conferred on Council by Sections 377 and 381 of the Local Government Act 1993, Hurstville City Council hereby delegates to the person specified from time to time, by resolution of the Council to have the functions of the General Manager and to the person, from time to time, holding the aforementioned position in an acting capacity the exercise of all functions, powers, duties and authorities conferred upon Council pursuant to:-

1. the Local Government Act 1993; and
2. the Environmental Planning and Assessment Act 1979; and
3. all other Acts whatsoever under which Council has functions, powers, duties and authorities; and
4. all Regulations, by-laws, rules and the like made by or under any of the Acts referred to in 1, 2 or 3 above.

SUBJECT TO any resolution made from time to time by the said Council and provided always that such delegation of powers shall not and shall not be deemed to be extended to:-

1. any of the matters expressly reserved to the Council in Section 377 of the Local Government Act 1993;
2. the alteration of the meeting cycle of Council;
3. initiation of or entry into new business activities;
4. the role of the Mayor as provided for in and determined under Section 226 of the Local Government Act 1993;
5. major unique items where no policy, practice or code of the Council exists;
6. adoption of Local Environmental Plans, Development Control Plans and Section 94 Contribution Plans pursuant to the Environmental Planning & Assessment Act 1979;
7. adoption of Council policies and codes;
8. items in respect of which the Mayor or a Councillor have specifically requested the General Manager to place before the Council for determination by Council.

REPORT DETAIL
Members would be aware that Council grants a general delegation of authority to the General Manager under the provisions of Sections 377 and 381 of the Local Government Act 1993 (LG Act). The grant provides the General Manager with the means by which to carry the functions of the General Manager as set out in Section 335 of the LG Act including the efficient and effective operation of the Council's organisation and the implementation, without undue delay, of decisions of the Council.

The current general delegation of authority to the general manager is subject to any resolution made from time to time by the Council and is not deemed to be extended to:-

1. any of the matters expressly reserved to the Council in Section 377 of the Local Government Act 1993;
2. the alteration of the meeting cycle of Council;
3. the overview and direction of business activities;
4. the role of the Mayor as provided for in and determined under Section 226 of the Local Government Act 1993;
5. major unique items where no policy, practice or code of the Council exists;
6. adoption of Local Environmental Plans, Development Control Plans and Section 94 Contribution Plans pursuant to the Environmental Planning & Assessment Act 1979;
7. adoption of Council policies and codes;
8. items in respect of which the Mayor or a Councillor have specifically requested the General Manager in writing to place before the Council for determination by Council.

These exceptions to the general delegation have been in place since at least 1993 and are, for the most part, appropriate. However, in relation to Clause 3. "the overview and direction of business activities", the widest possible construction would hold that none of the activities of Council purported to be so delegated can be exercised by the General Manager. It is believed that this would not have been the intention of the Council and it is therefore recommended that the current wording in Clause 3 of the exceptions be changed to "initiation of or entry into new business activities". No other changes to the existing general delegation to the General Manager is proposed, save the removal of "in-writing" from 8.

APPENDIX


COMMITTEE RECOMMENDATION
RESOLVED THAT
THAT pursuant to the powers of delegation conferred on Council by Sections 377 and 381 of the Local Government Act 1993, Hurstville City Council hereby delegates to the person specified from time to time, by resolution of the Council to have the functions of the General Manager and to the person, from time to time, holding the aforementioned position in an acting capacity the exercise of all functions, powers, duties and authorities conferred upon Council pursuant to:- 1. the Local Government Act 1993; and 2. the Environmental Planning and Assessment Act 1979; and 3. all other Acts whatsoever under which Council has functions, powers, duties and authorities; and 4. all Regulations, by-laws, rules and the like made by or under any of the Acts referred to in 1, 2 or 3 above. SUBJECT TO any resolution made from time to time by the said Council and provided always that such delegation of powers shall not and shall not be deemed to be extended to:- 1. any of the matters expressly reserved to the Council in Section 377 of the Local Government Act 1993; 2. the alteration of the meeting cycle of Council; 3. initiation of or entry into new business activities; 4. the role of the Mayor as provided for in and determined under Section 226 of the Local Government Act 1993; 5. major unique items where no policy, practice or code of the Council exists; 6. adoption of Local Environmental Plans, Development Control Plans and Section 94 Contribution Plans pursuant to the Environmental Planning & Assessment Act 1979; 7. adoption of Council policies and codes; 8. items in respect of which the Mayor or a Councillor have specifically requested the General Manager to place before the Council for determination by Council.

(Moved Clr /Seconded Clr)

COUNCIL RESOLUTION
RESOLVED THAT pursuant to the powers of delegation conferred on Council by Sections 377 and 381 of the Local Government Act 1993, Hurstville City Council hereby delegates to the person specified from time to time, by resolution of the Council to have the functions of the General Manager and to the person, from time to time, holding the aforementioned position in an acting capacity the exercise of all functions, powers, duties and authorities conferred upon Council pursuant to:- 1. the Local Government Act 1993; and 2. the Environmental Planning and Assessment Act 1979; and 3. all other Acts whatsoever under which Council has functions, powers, duties and authorities; and 4. all Regulations, by-laws, rules and the like made by or under any of the Acts referred to in 1, 2 or 3 above. SUBJECT TO any resolution made from time to time by the said Council and provided always that such delegation of powers shall not and shall not be deemed to be extended to:- 1. any of the matters expressly reserved to the Council in Section 377 of the Local Government Act 1993; 2. the alteration of the meeting cycle of Council; 3. initiation of or entry into new business activities; 4. the role of the Mayor as provided for in and determined under Section 226 of the Local Government Act 1993; 5. major unique items where no policy, practice or code of the Council exists; 6. adoption of Local Environmental Plans, Development Control Plans and Section 94 Contribution Plans pursuant to the Environmental Planning & Assessment Act 1979; 7. adoption of Council policies and codes; 8. items in respect of which the Mayor or a Councillor have specifically requested the General Manager to place before the Council for determination by Council.


(Moved Clr S McMahon /Seconded Clr J Morris)