Division 2 Other provisions concerning council meetings
365 How often does the council meet?
The council is required to meet at least 10 times each year, each time in a different month.
366 Calling of extraordinary meeting on request by councillors
If the mayor receives a request in writing signed by at least 2 councillors, the mayor must call an extraordinary meeting of the council to be held as soon as practicable but in any event within 14 days after receipt of the request.
(1) The general manager of a council must send to each councillor, at least 3 days before each meeting of the council, a notice specifying the time and place at which and the date on which the meeting is to be held and the business proposed to be transacted at the meeting.(2) Notice of less than 3 days may be given of an extraordinary meeting called in an emergency.(3) A notice under this section and the agenda for, and the business papers relating to, the meeting may be given to a councillor in electronic form but only if all councillors have facilities to access the notice, agenda and business papers in that form.
368 What is the quorum for a meeting?
The quorum for a meeting of the council is a majority of the councillors of the council who hold office for the time being and are not suspended from office.
369 Who presides at meetings of the council?
(1) The mayor or, at the request of or in the absence of the mayor, the deputy mayor (if any) presides at meetings of the council.(2) If the mayor and the deputy mayor (if any) are absent, a councillor elected to chair the meeting by the councillors present presides at a meeting of the council.
370 What are the voting entitlements of councillors?
(1) Each councillor is entitled to one vote.(2) However, the person presiding at a meeting of the council has, in the event of an equality of votes, a second or casting vote.
371 What constitutes a decision of the council?
A decision supported by a majority of the votes at a meeting of the council at which a quorum is present is a decision of the council.
372 Rescinding or altering resolutions
(1) A resolution passed by a council may not be altered or rescinded except by a motion to that effect of which notice has been duly given in accordance with regulations made under section 360 and, if applicable, the council’s code of meeting practice.(2) If notice of motion to rescind a resolution is given at the meeting at which the resolution is carried, the resolution must not be carried into effect until the motion of rescission has been dealt with.(3) If a motion has been negatived by a council, a motion having the same effect must not be considered unless notice of it has been duly given in accordance with the council’s code of meeting practice.(4) A notice of motion to alter or rescind a resolution, and a notice of motion which has the same effect as a motion which has been negatived by the council, must be signed by 3 councillors if less than 3 months has elapsed since the resolution was passed, or the motion was negatived, as the case may be.(5) If a motion to alter or rescind a resolution has been negatived, or if a motion which has the same effect as a previously negatived motion, is negatived, no similar motion may be brought forward within 3 months. This subsection may not be evaded by substituting a motion differently worded, but in principle the same.(6) A motion to which this section applies may be moved on the report of a committee of the council and any such report must be recorded in the minutes of the meeting of the council.(7) The provisions of this section concerning negatived motions do not apply to motions of adjournment.
A council may resolve itself into a committee to consider any matter before the council.
374 Certain circumstances do not invalidate council decisions
Proceedings at a meeting of a council or a council committee are not invalidated because of:(a) a vacancy in a civic office, or(b) a failure to give notice of the meeting to any councillor or committee member, or(c) any defect in the election or appointment of a councillor or committee member, or(d) a failure of a councillor or a committee member to disclose a pecuniary interest, or to refrain from the consideration or discussion of, or vote on, the relevant matter, at a council or committee meeting in accordance with section 451, or(e) a failure to comply with the code of meeting practice.
(1) The council must ensure that full and accurate minutes are kept of the proceedings of a meeting of the council.(2) The minutes must, when they have been confirmed at a subsequent meeting of the council, be signed by the person presiding at that subsequent meeting.
375A Recording of voting on planning matters
(1) In this section, planning decision means a decision made in the exercise of a function of a council under the Environmental Planning and Assessment Act 1979:(a) including a decision relating to a development application, an environmental planning instrument, a development control plan or a development contribution plan under that Act, but(b) not including the making of an order under Division 2A of Part 6 of that Act.(2) The general manager is required to keep a register containing, for each planning decision made at a meeting of the council or a council committee, the names of the councillors who supported the decision and the names of any councillors who opposed (or are taken to have opposed) the decision.(3) For the purpose of maintaining the register, a division is required to be called whenever a motion for a planning decision is put at a meeting of the council or a council committee.(4) Each decision recorded in the register is to be described in the register or identified in a manner that enables the description to be obtained from another publicly available document, and is to include the information required by the regulations.(5) This section extends to a meeting that is closed to the public.
376 Attendance of general manager at meetings
(1) The general manager is entitled to attend, but not to vote at, a meeting of the council or a meeting of a committee of the council of which all the members are councillors.(2) The general manager is entitled to attend a meeting of any other committee of the council and may, if a member of the committee, exercise a vote.(3) However, the general manager may be excluded from a meeting of the council or a committee while the council or committee deals with a matter relating to the standard of performance of the general manager or the terms of the employment of the general manager.