A list of publications put out by the department's service areas.
The Department of Local Government, Sport and Cultural Industries, Western Australia acknowledges with appreciation the permission of the Department of Local Government, Queensland to utilise its publication, Making the Most of Meetings, as published by the Queensland Government, July 2010, in the development and production of A Guide to Meetings.
The copyright in the works is licensed under a Creative Commons — Attribution-NoDerivs CC BY-ND licence.
Under this licence you are free, without having to seek permission from the Department of Local Government Queensland, to copy communicate and commercialise (use) the information in accordance with the licence terms.
© The State of Queensland, Department of Local Government 2013.
This guide to meetings is designed to support council members’ effective participation in council and committee meetings. It outlines the roles and responsibilities of council and committee members and details meeting procedure in line with Western Australian legislative requirements and accepted meeting practices.
As elected representatives in local government, council members (mayors, presidents and councillors) are required to attend council and committee meetings. It is in meetings that council members participate in discussion and debate on a wide variety of issues to make decisions representing the overall public interest of the local government’s area.
Well prepared agendas and minutes that accurately reflect the actual decisions of council meetings are among the most important records of local governments. Well prepared agendas and accurate minutes ensure that:
Legislative requirements are based on the principles of the Act and relevant supporting regulations for achieving;
The conduct of open, fair and accountable meetings of local government is important in fulfilling these principles.
As the level of government closest to the people, a local government must be accessible to its community. Communities look to their councils to provide local solutions to problems.
The effective administration of a local government area depends on the performance of council members as the elected community leaders. The high public expectations of council members are set out by the description of the role of council in section 2.7 of the Act:
Council members are responsible for planning the future of their communities and developing the strategies and policies to achieve those plans. Council members need to demonstrate strategic vision and leadership by putting in place guiding principles, policies and local laws. A strategic focus ensures that council can plan for and meet the future needs of its community.
Effective community leadership is a vital ingredient of good local governance. Council members must endeavour to work as a team to serve the community.
Developing a vision for the community and making decisions that support that vision is an important leadership role for council members. Getting the community to contribute to, endorse and follow that vision and associated plans demands leadership qualities. In doing so, it is important to recognise that the most fundamental task is to try to achieve a strong sense of shared purpose and commitment. The needs and desires of the community are constantly changing and evolving. Council members must be prepared to initiate new policies and activities in response to these changes.
Most of the decision making of a local government is undertaken in council meetings. Council members are required to attend meetings regularly and must vote (except where a financial or proximity conflict of interest occurs) on matters coming before a meeting. Council members can ensure a positive and valid contribution to meetings by:
Communication is a two-way process to be effective, council members need to understand the views of the people they represent. Communication is a two-way process. Council members provide information to the community about the policies and decisions of council and the community relays its desires, concerns and opinions to the council through the members. To represent both electors and the council effectively, a council member needs to be a good communicator and keep in touch with the local community.
Members can keep in touch with electors in a variety of ways including:
Understanding the needs and aspirations of the community and bringing that insight to meetings greatly enhances the decision making process. To be an effective elected representative it is important to be able to perform well in meetings. It requires the ability to:
Separation of powers and roles between the elected and administrative arms of government is one of the foundations of all levels of government in Australia.
An understanding and acceptance of the roles the Act has defined for council members and for the council administration, and cooperation between all parties, underpins good governance in local government. Relationships between council members and their chief executive officer (CEO) need to respect the diversity of opinion and the rights for all points of view to be heard with courtesy and respect.
The mayor or president and the CEO are the respective conduits between the executive and the administrative arms of council.
The council members are the legislative arm that make local laws, decide policy and consider other strategic matters. The council is responsible for the overall direction of the local government.
The CEO implements the policies and decisions of council and manages day-to-day business, including directing council employees. Council members acting individually do not have the authority to influence the activities, duties and operations of council employees.
The Act clearly defines the relationships between the roles and separation of powers under sections 2.7, 2.8, 2.9, 2.10, 5.41 and through the Local Government (Model Code of Conduct) Regulations 2021.
For a local government to operate effectively, it is important that both the council members and employees clearly understand and acknowledge the differing but complementary nature of their respective roles.
The mayor or president is to liaise with the CEO on the local government’s affairs and the performance of its functions, but no other council member is allowed to do so.
Good relationships are vital to ensure that the various players act within their defined roles and undertake their responsibilities. These relationships take a variety of forms.
The mayor/president has responsibility for presiding at council meetings and controlling the debate. To facilitate good relationships, the mayor/president must ensure that all councillors with a desire to speak are given a fair opportunity.
The mayor/president should also encourage councillors to express different points of view and promote respect for diversity of opinion. To assist the mayor/president in controlling meetings and facilitating debate on controversial issues where opinions differ, local governments adopt standing orders or meeting procedure local laws.
These policies and local laws provide the rules to guide meeting procedure and debate and the mayor/president (or other presiding person in their absence) is responsible for applying the standing orders at meetings. Councillors should respect the mayor/president in their presiding member role.
Council members should be strategic in their approach, engaging with the community to ensure council decisions mirror community needs and interests. Councils should function like a board of directors that sets the strategic direction of the local government and designs the policies and strategies to help achieve it.
Councillors are elected by the community to work collectively in the best interests of their district. Councillors should respect the views of other councillors and acknowledge that, while agreement may not be reached on all issues, all are doing important work. Councillors need the support of other councillors to achieve goals, especially at council and committee meetings. Positive relationships with other councillors are important to achieve this support. Councillors who treat other councillors with respect and courtesy, even when they disagree with the point of view being expressed, are more likely to receive support in the future. Varying opinions and positions should be expressed in ways which are not personal attacks and are not specifically detrimental to individuals supporting other positions.
Legislation requires that the mayor/president and the CEO liaise with each other (sections 2.8 and 5.41 of the Act). Consequently, it is vital that a good relationship exists between the two. The basis for this relationship should be trust as well as respect for each other’s opinion. A 'no surprises' policy should also apply. That is, the mayor/president and CEO should brief one another so that neither can be caught off guard in conversations or at meetings. Features of a good and effective mayor/president/CEO relationship include:
Unlike for the mayor/president, the Act identifies no specific relationship between councillors and the CEO. However, councillors and the CEO are likely to be in regular contact about issues, problems and information. A number of factors contribute to a good relationship between councillors and the CEO including:
The Act specifies that the local government’s employees are accountable to the CEO and the CEO is accountable to the council. All council contact with administration should be through the CEO. Most CEOs have agreed communication protocols in place, and this may include council member access to senior staff. No council member may undertake a task that contributes to the administration of the local government, unless authorised to do so by the council or by the CEO. Consequently, it is inappropriate for council members to direct employees or for employees to take direction from council members.
Of all the meetings council members attend, ordinary council meetings are arguably the most important. Meeting procedure is based on a majority rules, Westminster-style system developed over hundreds of years by parliaments around the world to provide for debate and decision making without conflict. Decisions of a council can only be made by the adoption of a motion by a majority of the members present at a properly convened meeting. The rules allow for only one person to speak at a time.
Effective contribution to and representation at meetings by council members increase the quality of council decisions. Council members should have knowledge of the following Acts, Regulations, and Department of Local Government, Sport and Cultural Industries (DLGSC) guidelines to assist them at meetings:
For access to published legislation, see the WA Legislation website.
Local government operational guidelines.
Council members are required by section 2.29 of the Act and regulation 13 of the Local Government (Constitution) Regulations 1988 to make a declaration of office in accordance with the prescribed Form 7.
The ethical and legal behaviour of council members is a principle within the Act. With respect to conduct, the Act has provisions in sections 5.102A to 5.125 for reporting and investigation of these matters. Council members are also subject to the provisions of the Corruption, Crime and Misconduct Act 2003 and the Defamation Act 2005.
Public interest must always take precedence over the private interests of council members. Private interests include financial and non-financial interests, electoral gifts as itemised in the council’s electoral gifts register, and the register of financial interests maintained at each local government by the CEO.
Under the Act, council members have a responsibility to take particular action where questions of financial interest or conflicts of interest affecting impartiality arise in council deliberations or decisions. This is covered in section 7 of this guide.
People often view the workings of State and Commonwealth Parliaments as an adversarial arena where the various political groupings try to best their opponents through debate and often using personal abuse in the process. In contrast, the small group nature of local government councils creates a meeting environment where good relations, good behaviour, mutual respect and an appreciation of the diversity of views of others, leads to harmonious meetings and assists good decision-making. Council members need each other to achieve individual and collective goals.
Council members have a responsibility to behave professionally during and outside of council meetings. Council members should maintain good working relationships with each other and act in a manner appropriate to their civic status. This includes compliance with the standards of conduct at meetings as established under the Local Government (Model Code of Conduct) Regulations 2021, each local government’s code of conduct and their council’s meeting procedures local laws or meeting policy. Meeting procedures should reflect the high expectations of performance and accountability, as set out in the Act (sections 2.10 (a) to (e)) whereby a council member:
When respect evaporates at a council or committee meeting, respect for the whole local government sector is diminished. Debate and argument should not lead to conflict, grandstanding, bullying or aggression. Everyone present at a council or committee meeting must show respect for others, whether council members, employees or members of the public.
A council must deal with any disorder of its members. Council members should take responsibility for their own behaviour and that of their colleagues.
General principles to guide the behaviour of council members include that a person in their capacity as a council member should:
Behaving in a manner that is contrary to a rule of conduct or local laws related to meetings could be considered a minor breach as defined in section 5.105(1)(a) and (b) of the Act.
In a council meeting, council members fulfil a public duty and are therefore given limited protection from legal actions of defamation. However, unlike a Member of Parliament, the council member’s privilege is qualified. This means that protection is only provided as long as the statements are made in good faith. Statements made with malice or made recklessly are not protected by qualified privilege. It should also be noted that statements made outside of council meetings are unlikely to attract qualified privilege.
Council members should also become familiar with the Local Government (Model Code of Conduct) Regulations 2021. Regulation 18 provides that a councilmember must not make improper use of their office to cause detriment to the local government or any other person. This provision has relevance to what a council member can say and how they act whilst performing their role and carrying out their duties as a council member.
Controversial issues may arise during the course of council or committee meetings. Council members are encouraged to debate the statements made by fellow members rather than be critical of the person. If members make personal comments that slur a council member, they risk defaming the person and breaching provisions of the Defamation Act 2005. Council members are not protected from defamation in the same way that Members of Parliament are, for statements they make in the council chamber.
The law for defamation aims to balance free speech with the protection of the right of an individual to enjoy a reputation free from indefensible attack. Defamation may be divided into libel, which relates to written or pictorial material, and slander, which relates to oral comments. Defamation can be defined as anything that tends to lower a person in the estimation of members of society.
Therefore, council members should ensure that:
For more information, elected members can refer to the Defamation Act 2005.
Division 4 of Part 9 of the Act provides for protection from liability for wrongdoing for council members, committee members and employees, ‘relating to’ or ‘arising from’ actions of negligence that the person has done, or has not done, in the performance of their functions under the Act or any other written law.
Quasi-judicial functions are those which involve the making of a decision by a local government council in the exercise of a discretionary power. Local governments perform quasi-judicial functions when deciding to approve or not to approve applications for planning or development approval and for other approvals, licences, consents and permits. Council members (and employees when acting under delegated authority) must therefore act in a judicial manner (for example judge-like) when performing quasi-judicial functions.
To act in a quasi-judicial manner, council members must apply the principles of natural justice and without bias or conflict of interest, make decisions in a judicial manner based on:
Applicants submitting documents for approval may attempt to persuade individual council members in favour of their proposals. Council members must remain objective and deal impartially with applicants or affected persons.
Applications must be determined based on sound legislative rationale and not on specific public perception. The role of a council member in the decision-making process is to determine an application on the information and recommendation provided by their council’s professional employees. The role of the professional employee is to assess the application and provide an impartial, professional opinion and recommendation to the council or committee. To avoid prejudicing the eventual decision, council members must not make up their minds about a development application until they have read the officer’s reports and heard all the meeting debate.
Decisions made in relation to development applications are made under the local governments’ town planning scheme and the discretions allowed under that scheme.
Council members must not lose sight of the fact that when making decisions on development applications they have to apply the rules and discretions, as they exist, not as they might want them to be. The local government must comply with the provisions of the legislation dealing with planning decisions.
Council members must be aware of their local government’s adopted procedures for dealing with a development application to ensure a clear distinction between the task of an employee assessing an application and the task of the council determining an application. The procedures should minimise the opportunity for the two roles to be confused and should also ensure that those determining applications are not able to direct or unduly influence those carrying out the assessment and vice versa.
A council member acting with bias and without disclosing an interest affecting impartiality, may breach regulation 22 of the Local Government (Model Code of Conduct) Regulations 2021. Non-compliance with quasi-judicial principles could result in council decisions being invalidated. DLGSC’s Elected Members Relationship with Developers provides additional information.
Elected members participate in:
Elected members have a duty and responsibility to attend all council meetings to ensure that the district’s electors are adequately represented. The number of council and committee meetings that elected members will be required to attend will vary according to the frequency of their local government’s scheduled ordinary and committee meetings.
Ordinary council meetings are formal meetings of the elected council members and are required to be open to the public (although under certain conditions, council meetings can be closed under provisions of the Act). In order to promote the transparency and accountability required for good governance the closed meeting provisions should be applied as infrequently as possible. See also 5.2 of this manual.
Decision making is enhanced when a council meeting is well run. This requires a clear and informative agenda paper, good chairing and facilitation, adherence to meeting procedures and to statutory requirements. There should also be a strong commitment to the principle of council meetings being open to members of the public so that they are fully informed and, where appropriate, involved in the decisions and affairs of the council.
3.1.1 Meetings frequency
Section 5.3 of the Act requires a council to hold ordinary meetings and provides that they may hold special meetings. Ordinary meetings are to be held not more than 3 months apart.
Council meetings are, as a rule, held at the public office of the local council. It is acceptable to conduct a meeting in a place other than the public office. To do this the council must pass a resolution to determine another meeting place.
The foremost consideration when it comes to start time should be the convenience of the elected members to attend, taking into account matters such as employment and business commitments, carer responsibilities and safety issues (for example, members having to drive long distances and at night). Scheduled early evening meetings allow elected members and members of the public with daytime jobs the opportunity to attend meetings.
When required, a special meeting of council may be called by the mayor or president or by at least one third of the councillors. The CEO will convene the special meeting and arrange public notice if the meeting is to be open to the public. A special meeting requires that:
If the local government decides that the meeting is open to the public, the CEO must provide public notice of the special meeting on the local government’s website as soon as practicable after the decision to hold the meeting has been made
Also see section 5.23 of the Act and regulation 12 (4) of the Local Government (Administration) Regulations 1996.
Councils are enabled to establish committees to assist with a council’s functions under section 5.8 of the Act. In addition, a local government is required to form an audit committee under section 7.1A. As a general rule, the requirements for committees apply to audit committees, unless more specific rules apply to audit committees under Part 7, Division 1A (Audit Committees).
Committees consist of 3 or more persons who can be council members, employees or members of the public.
While councils have the discretion to establish committees under section 5.8, councils can also decide to establish informal advisory/working groups that are not treated as committees under the Act.
Noting that a local government is required to have an audit committee, the other types of committees and groups include:
If a committee is established in accordance with section 5.9(2)(f) of the Act and all committee members are members of the public (that is, the committee does not have council members or employees) then the committee:
Committees without delegated powers or duties are subject to the same requirements in the Act as committees with delegated powers or duties, except for the following:
A council should consider the role and purpose of any committee/group it wishes to form and how it wishes the committee/group to operate. Committees that do not have any delegated powers or duties may be instead established on an informal basis as an advisory/working group.
It is recommended that informal advisory/working groups are not referred to as 'committees' where it is not intended for the requirements of the Act to apply, such as the rules for quorum or keeping meeting minutes. A council can choose to distinguish between committees and other informal working/advisory groups through the use of specific wording in the council’s resolution that establishes the committee/group.
Local governments may pay independent members for attending committee meetings in accordance with section 5.100 of the Act.
An independent member means that the member is not a council member or an employee.
Independent members from the following types of committees can be paid under section 5.100 of the Act:
As informal advisory/working groups are not specifically covered by the Act, section 5.100 of the Act does not apply to these groups. However, a local government may choose to pay members of such groups in accordance with other legislated requirements that apply to local governments (for example, procurement).
A person may only attend an in-person meeting electronically if they have been authorised to do so by either the mayor, president or council. As part of their policy, a local government should consider the process for dealing with requests for remote attendance. For example, where possible a person may be required to provide a request to council to attend remotely. However, where this may not be possible, because the request has to be made at short notice, the person may provide a request to attend remotely to the mayor or president.
Council and committee members may need to travel for their work or to care for loved ones when they are unwell and at times this may affect their ability to attend a meeting in person. Electronic attendance provides increased flexibility for council and committee members in meeting their obligations to attend meetings. It also assists local governments to achieve meeting quorums.
A local government should account for other logistical requirements as part of their policy. This includes who is responsible for notifying the administration of an authorisation for remote attendance, and the provision of an electronic meeting invite to the attendee. A local government may also require that requests are made in writing (via email) for the purposes of record keeping and monitoring the 50% cap.
Previously under regulation 14A of the Local Government (Administration) Amendment Regulations 1996, the key requirements associated with a person’s attendance included that:
These express requirements were removed with the repeal of regulation 14A. However, council is still required to consider the location from which a person intends to attend a meeting with respect to their ability to effectively engage in deliberations and communications during the meeting.
In authorising a person’s remote attendance, the local government may require that a person attending remotely must do so from a location that is quiet and private, such as a private room in their house. If other people will be at the location at the time of the meeting, council may require that the room has a door that can be closed during the meeting, and request that the person wear headphones if appropriate.
Regulation 14CA provides that a person may be regarded as in attendance at a meeting, regardless of their physical whereabouts, and provided they remain in instantaneous contact with all other people in attendance. It also requires the person attending remotely to declare that they can maintain confidentiality during any closed part of the meeting. If they cannot make the declaration, they must leave the meeting, or the closed part of the meeting. If a person makes a confidentiality declaration but later finds during the meeting that they are unable to maintain confidentiality, they must leave the meeting or the closed part of the meeting. The member’s declaration must be recorded in the meeting minutes.
Regulation 14CA(2) provides that the mayor, president, or council may determine the electronic means that a person may use to attend a council or committee meeting. Council should resolve to adopt the preferred electronic means for remote attendance.
In deciding whether to authorise a person’s remote attendance, the mayor, president, or council (the authorising authority) must also consider whether the person’s equipment will support council’s preferred choice of electronic communication.
A person may only attend a meeting remotely by electronic means, provided they have not attended more than half of all council meetings in the previous 12 months by this method. The 50% attendance cap ensures that council members and committee members attend at least half of all meetings conducted over a 12-month period in person. Council should resolve to adopt a method to record and monitor an individual’s attendance to ensure they do not exceed the 50% cap. Council should record a person’s remote attendance in the meeting minutes to ensure appropriate record keeping. A spreadsheet for the purposes of monitoring electronic attendance is also recommended.
Consistent with the provisions that require the authorising authority to consider a person’s intended location and equipment for remote attendance at in-person meetings, council must also consider these factors when deciding to conduct an electronic meeting. Council is still required to consult the CEO as part of the decision-making process for holding an electronic meeting.
A key difference between the requirements for authorising an electronic meeting during or outside of an emergency is that only council may authorise meetings that are conducted outside of an emergency. As part of the local government’s policy, council may consider and agree to the circumstances that may be appropriate to require an electronic meeting. For example, a Wheatbelt shire may decide to hold an electronic meeting during harvest time to reduce the need for travel. The reasons for deciding to conduct an electronic meeting outside of an emergency may be specific to the local government area.
Local governments must also consider their obligation to provide public notice of meetings under regulation 12 of the Administration Regulations and changes to meeting dates as soon as practicable. For example, if a local government elects to change an in-person meeting to an electronic meeting they must provide appropriate public notice of this fact.
A local government should record the number of electronic meetings conducted to ensure appropriate record keeping. A spreadsheet for the purposes of monitoring the quota threshold is also recommended.
A good working relationship between elected council and local government administration is an excellent example of a local government functioning well to support its community. The council and the administration come together at meetings, where the council members use their combined knowledge and experience, coupled with the advice of the administration, to make decisions for the good governance and the betterment of the community they serve.
The agendas that drive council meetings, and the minutes that record the decision-making process and the actual decisions, are arguably the most important records produced by local governments.
With well-structured agendas, a council can have efficient and effective meetings that produce good decisions that are made following analysis of sound advice and constructive debate. At the end of such meetings, those involved should be satisfied that the local government and community have gained maximum benefit from the valuable time that has been contributed.
A well-structured agenda is focused towards decision-making and does not include superfluous information or items. It is generally agreed that short, sharp meetings directed towards decisions are the ones most likely to achieve good results.
One of the requirements of the legislation (section 5.56 of the Act and regulations 19BA; 19B; 19CA; 19C; 19DA; 19DB; 19D of the Administration Regulations) is for a local government to plan for the future of the district. This includes a Strategic Community Plan and Corporate Business Plan.
At council and committee meetings, council members will generally discuss and debate strategic issues associated with these plans and avoid the detail of operational matters and the day-to-day management of council, which is the responsibility of the CEO.
A strategic meeting focus requires:
If strategic planning links cannot be identified on agenda items, it is reasonable to ask why council is discussing or debating such issues.
Using the power of delegation appropriately assists local governments to efficiently deal with a wide range of operational matters that are minor, time consuming and administrative in nature.
The use of delegation can free up the full council meeting to devote more time and energy to key strategic policy issues. For example, the council can delegate to the CEO the authority to pay accounts up to its determined amount.
A wide range of powers may be delegated under sections 5.16, 5.17, 5.42, 5.43 and 5.44 of the Act. Section 5.8 of the Act allows for local government to establish committees of 3 or more persons to assist the council and to exercise the powers and discharge the duties of the local government that can be delegated to committees.
The provisions of the Act which provide for delegations by a local government or its CEO are:
See Delegations, Authorisations and Acting Through for more information.
Ordinary meetings of council should usually consider high level and strategic matters linked to strategic and operational plans. It is essential to prioritise agenda items in a way that identifies the key strategic issues.
A well-structured agenda assists council members to get the most out of their meetings, enabling them to make informed decisions that come from analysis of sound advice and constructive debate.
The agenda responsibility rests with the CEO, and the agenda sets out the order of business for council’s ordinary meetings and committee meetings. A council member may recommend, through the mayor/president, for the CEO to include a matter on a meeting agenda. Councils will normally have a procedure in place for dealing with how such a member request is organised, including timelines, notice and requiring an officer’s report with recommendations.
Recommended order of business for council meeting agendas:
See DLGSC’s A Guide to the Preparation of Agendas and Minutes for additional information.
As required under section 5.5 of the Act, each council member will receive written notice of the meeting at least 72 hours before the meeting. In the case of special meetings of council less than 72 hours’ notice of a meeting may be necessary.
It is important that elected members allow adequate time to:
Setting aside sufficient time to prepare for the meeting, pursuing additional information and consult with community stakeholders is essential. It is recommended that for ordinary council meetings, members allocate specific preparation time in their diaries once meeting dates have been set.
Good time management practices and habits for elected members, such as the following, will assist their meeting preparation:
Most council and committee meetings to which a local government power or duty has been delegated, will be open to the public. However section 5.23 of the Act states that a local government may resolve that a meeting or part of the meeting be closed to the public, only if its elected members consider it necessary to deal with any of the following reasons:
See section 5.23(2)-(3) of the Act.
If these matters are known in advance, it should be clearly listed on the agenda as a matter that will be considered while the meeting is closed to the public. At that time in the agenda, the council must resolve to close the meeting to the public.
Political embarrassment to council or elected members is not a justifiable reason to close a meeting.
Section5.25(1)(j) of the Act requires a local government to ensure that notice papers and agenda relating to any council or committee meeting, and reports and documents which are to be either tabled at the meeting, or have been produced by the local government or a committee for presentation at the meeting, are available for inspection by members of the public from the time the notice papers, agenda or documents were made available to the members of the council or the committee.
Each council has the capacity to determine the order that agenda items will be dealt with. It is recommended that council meetings should endeavour to proceed with the order of business as detailed on the agenda of the notice of the meeting. This is important from the point of view of members of the public who attend council or committee meetings for a specific agenda matter. The council’s meetings local law usually prescribes the order of business and the process to change that order at the meeting.
The purpose of debate at meetings is so that council members can:
It is necessary for council members to structure any intended debate material in preparation for any agenda matter they wish to speak in support of, or against. Council members should have a clear idea of their own arguments and which examples they will be using to support their arguments. There should be a clear division between arguments put forward to support their position and to let the other members know when they are moving from one argument to the next.
This sign posting is an important debating tool for council members to acquire and develop. It must be remembered that although the council member knows exactly what they are saying, the meeting has never heard it before so the message must be logical (make sense), clear and easily understood by the other members.
Rebuttal of argument, or points raised at the meeting by a former speaker, or rebuttal of the arguments that are out in the public arena concerning the matter before the meeting, should be organised in the same way. Each argument or point made that the council member is opposed to should be rebutted (challenged) in turn. This can be done by spending a little time on each and then moving on. This will help weaken the opposing view and strengthen the council member’s case. Rebuttal should never personalise.
There is no one size fits all way of taking part in a meeting debate and presenting an argument at a local government meeting. Council members should strive to develop a manner or style that is natural to them. There are many books, courses and other aids available on public speaking and debating. However, the following proven practical tips should be of help to council members:
When given the floor during debate by the presiding member:
The chairing (‘presiding’ as the Act refers to it) of council meetings is a formal process. This is because of the importance of local government meetings, and to ensure fairness and accountability.
One of the roles of the mayor or president is to preside (as the ‘presiding member’) at meetings of council (section 2.8(1)(a) of the Act). Under section 2.9 of the Act, if the mayor or president is unavailable, unable or unwilling, or if the office is vacant, the deputy mayor or president may perform the role of the mayor or president.
In the case of a council committee (section 5.12 of the Act) members of a committee may elect a presiding member from amongst themselves and may also elect a deputy presiding member.
Each council member brings to the meeting their own individual personalities, values, abilities and experiences. An experienced presiding member can, through the skilful application of meeting procedures, create a co-operative and productive forum.
Important attributes of an effective presiding member include being:
It is the duty of the presiding member to preserve order and ensure proceedings are conducted in a proper manner by:
The presiding member is also to ensure the decisions of the meeting are respected and properly handled by:
Promoting constructive and inclusive debate is crucial to influencing the quality of decision making of council. A presiding member must be neutral and avoid letting personal attitudes, either positive of negative, influence their role. A presiding member can assist in promoting diverse and balanced debate by:
It is the duty of the presiding member to preserve the right of all council members to participate in the meeting. Early intervention usually reduces issues and minimises disorder. If the presiding member maintains a calm demeanour and manner and directs the meeting to the objective of the item and what council needs to achieve, many potential conflict situations can be avoided or contained. A member can alert the meeting’s presiding member to an alleged incident that could be considered a point of order in relation to conduct.
The mayor or president as the presiding person at council meetings carries out a pivotal role by facilitating and encouraging all points of view to be expressed and respected. This will assist a council member with a motion or an expressed opinion that might not be supported by the majority of other member, to be satisfied that they have been given a fair hearing and that the process through the meeting is open and transparent.
Section 5.104 of the Act requires all local governments to adopt the Model Code of Conduct in Regulations to be observed by its council members, committee members and employees. Respect for and compliance with the model code helps the presiding person to ensure promotion and maintenance of good order at all meetings of the council.
Instances where an individual member of the public, or a vocal opposition group attends and behaves inappropriately during a council meeting and refuses to comply with the directions of the presiding member, can be very stressful and a distraction for the council members, local government employees and others in attendance.
Fortunately, experience has shown that disruptive behaviour by members of the public at meetings of local governments tends to be of short duration and while members and employees may have been made uncomfortable, the business of the meeting can generally proceed.
Disruptive Behaviour by the Public at Council Meeting provides additional information, including guidance on the options available to councils when members of the public exhibit ongoing disruptive behaviour in meetings.
The CEO’s responsibility, under section 5.41(b) of the Act, is to ensure the provision of unbiased, relevant, professional advice and information to council members for their decision-making purposes. At meetings, this is principally achieved by written reports that become a very important part of the agenda for council and committee meetings, and provide the basis for the decisions and the meeting minutes of the local government.
The CEO usually attends council meetings but is not permitted to take part in debate or to vote. Most local governments also have other senior employees attend meetings for the purpose of providing information, technical advice, or guidance on the agenda matters.
The presiding member is responsible for initiating or managing any information, technical advice or guidance input into the meeting from the CEO, or through the CEO, from other council employees present at the meeting. This is seen as an effective way of assisting the council members in their decision making at meetings.
The attendance of the CEO and senior employees at a meeting should not be used as an opportunity for council members to attempt to draw the CEO, or an employee, into the process of debate. Council members must not ask employees at a meeting for their personal opinion on a matter before the meeting. Similarly, matters that are not on, or that do not reasonably tie in with the agenda papers, should not be raised by council members for the CEO or other employees to respond to.
A useful approach to defusing the situation if disorder occurs at either a council or committee meeting, or a public meeting called by council, is to have a brief meeting adjournment.
Most meeting procedures make provision for the presiding member to adjourn the meeting for a defined period of time if disorder occurs. This is achieved through council resolution or by the presiding member making the declaration and physically vacating the chair.
Disruptive Behaviour by the Public at Council Meeting provides guidance on options available to councils when members of the public exhibit ongoing, disruptive behaviour at meetings.
At times it may be necessary to consider altering the order of business to ensure important and urgent matters can be adequately dealt with. Changing the agenda to alter the order of business requires a motion to be passed at the meeting — that is, council should move and record a procedural motion to that effect.
*See also A Guide to the Preparation of Agendas and Minutes, items 3.2 and 5.2.3.
The Act places specific obligations on both council members and employees who have financial, proximity or impartiality interest in an item before a meeting. These provisions support the principle that elected members and employees must be open and above reproach.
A financial interest occurs if the member or employee, or a person closely associated with the member or employee (such as a spouse or child living at home or the person’s employer) has a matter before the local government which, if dealt with in a particular way, will result in a financial gain or loss to the member, employee or closely associated person.
The 3 key elements of this definition are:
For council or committee members, the main obligation is to disclose the nature of the financial interest and, on some occasions, the extent of the interest when a financial interest is held in an item before a meeting. Employees are required to disclose any financial interest when providing advice or a report to a meeting.
The Act exempts certain financial interests from the obligation of disclosure (such as interests which arise from the imposition of a rate). This enables council members to participate fully in the decision-making process on these exempt issues. The decision about whether an interest is a financial interest which should be disclosed falls to the council member or employee. Nobody can direct anybody else to disclose, or to disclose for someone else.
In particular, council members should monitor their meeting agendas to determine whether a financial interest applies to a particular item. This will allow them to identify whether the interest is an exempt interest which need not be disclosed and decide, in cases where an interest exists, whether they have the right under the Act to seek approval from the Minister or the meeting to participate in the item where the interest is held. Otherwise, having disclosed a financial interest in an item, the council member is required to leave the meeting when that item is considered. The penalties for not disclosing a financial interest are significant.
A proximity interest exists if the council member, or a closely associated person, has an interest in a matter that concerns:
The existence of a proximity interest is established purely by the location of the land. A financial effect does not have to be established.
For more detailed information, see Disclosures of Interest.
In addition to financial interests, council members are required to disclose interests which would also give rise to a reasonable belief that the impartiality of the member could be adversely affected when making a decision on an item. Impartiality interests should be disclosed either in writing to the CEO before the meeting or verbally at the meeting immediately before the item which generates the interest is considered.
As with financial interests, the impartiality interest disclosure is made immediately prior to the item’s consideration and is recorded in the minutes. The disclosure by a council member of an impartiality interest does not stop them from discussing or voting on an item.
In failing to disclose an impartiality interest, a council member contravenes a rule of conduct and in doing so commits a minor breach. The Model Code of Conduct Regulations focus on providing avenues for dealing with allegations specifically concerning council member misconduct. Under this legislation, minor breaches may be referred to the Standards Panel.
Regulation 22 of the Model Code of Conduct Regulations describes the requirement to declare an interest that could, or could reasonably be perceived to, adversely affect the impartiality of a council member arising from 'kinship, friendship or membership of an association'.
This type of interest is distinct and separate from the aforementioned interests. Once a declaration has been made, the council member may continue to participate in discussion and vote on the matter before council. However, penalties apply for the failure to declare an impartiality interest.
Council members need to be aware of the importance of observing meeting procedures. Decisions made in council meetings are legally binding and decisions must be made in accordance with correct meeting procedures. Failure to follow correct procedures could provide an opportunity for the decision to be challenged on the grounds that the council failed to observe the due process in making the decision and therefore, it is not a legally binding decision.
Most local governments have adopted a local law to provide for rules and guidelines that apply to the conduct of their council, committee and electors’ meetings. All meetings must be conducted to comply with the Act, regulations and the council’s own adopted meeting local laws.
A quorum is the minimum number of council members who must be present for a meeting to be considered valid. The quorum for a meeting of a council or a committee is at least 50% of the number of offices (whether vacant or not) of members of the council or the committee (sections 5.7 and 5.19 of the Act; regulation 8 of the Administration Regulations).
If a quorum has not been established within 30 minutes after a council or committee meeting is due to begin then the meeting can be adjourned. The adjournment procedure is prescribed in regulation 8 of the Administration Regulations.
When a meeting is not held due to the lack of a quorum, a record of the names of persons who attended and the reason the meeting did not take place must be kept in the minutes.
See A Guide to the Preparation of Agendas and Minutes, items 3.3.1 and 5.2.2 .
Electronically attending meetings may be permitted under the Act and if granted, council members participating by electronic means for a given meeting are to be included in the quorum. It is important to note:
A member who has made a disclosure of financial interest in a matter before council and has left the meeting cannot be counted in the quorum. If the absence of this member means that there is no longer a quorum, the presiding member should adjourn the matter to a later meeting, recall the member who had left the meeting because of financial interest or conflict of interest, and continue the meeting. The matter subject to the disclosure of interest should be considered at a later meeting when a quorum is present and maintained.
When the council decides to form a view on a specific issue it does so by formally debating and adopting a motion that expresses the majority view of the elected members.
To arrive at a decision (resolution), a motion or proposition is first placed before council inviting the members to determine their position with regard to the issue. A member may propose a motion for consideration by council or a committee.
The motion must be moved and seconded before council can debate the matter. A motion, once debated and if resolved by the council, becomes a resolution of council. The important distinctions are:
A motion must be moved and seconded before it is debated. If there is no seconder, there is no debate on a motion and it does not progress (lapses). The meeting moves to the next item of business. There can only be one proposed motion before the meeting at any time.
There are 2 types of motions:
A formal motion is a proposition that requires or acknowledges acknowledges action that has to be done or has been done. It can also state a view or a preferred position on a particular issue.
A small number of formal motions are routinely presented for consideration by a council meeting — for example the confirmation of minutes or consideration of a request for a leave of absence.
As a resolution is the formal adoption by council of a motion accepted and debated by council, it is important to consider the following conventions when preparing a motion. Only motions which are clear, unambiguous and comprehensible should be accepted by the presiding member. For more detailed information, see DLGSC’s Operational Guideline Clarity in Council Motions.
The following recognised conventions apply when drafting a motion:
The following example of an adopted resolution has many of the necessary features:
‘That council resolves that the CEO writes to the State Treasurer to seek long-term funding in the upcoming State budget for regional transport infrastructure investment.’
All reports to council or a committee will include a draft recommendation. In most cases this will become the motion which will be put to council for debate. However, a councillor may choose to move a motion other than the officer’s recommendation.
The guiding rule is that that no motion should be put or passed unless it is within the scope of the notice of meeting and the agenda (order of business). It is the presiding member’s role to ensure that motions are within the meeting’s jurisdiction. The presiding member would be expected to rule a motion as out of order if it:
If the meeting is considering a motion which is difficult to comprehend and of a complex structure, the presiding member has the discretion to seek the agreement of the meeting to separate the constituent parts of the motion. The meeting can also agree to deal with them in their separate parts as if they were separate motions.
The rules of debate should be included in the council’s meeting procedures. Ideally the rules of debate:
The mover proposes the motion. The presiding member will look to see if there is support for the motion by seeking a seconder for the motion. If the motion is seconded, the mover has the right to speak to the motion or can reserve the right to speak later.
The mover has a right of reply once debate on the motion has concluded. No new arguments or material should be argued during the right of reply. The exercise of the right of reply closes off the debate and the meeting goes to the vote.
The presiding member will call on the mover to speak to the motion. After the mover has spoken, the seconder has the right to speak to the motion. This right can be reserved to a later part of the debate. Before deferring to a later stage of the debate, the seconder should bear in mind that:
After the mover and seconder have exercised their rights of address, the debate moves on. Those council members who wish to speak against the motion now have their opportunity to address the meeting.
Members are then asked to speak for or against the motion, usually in the order of one speaker for and one speaker against the motion.
A mover of a motion may be permitted to explain uncertainties in the motion. Any explanation given should be limited to clarifying issues, not on extending debate.
The close of debate is reached when any of the following occurs:
Upon the decision to move to close the debate, the mover now has the right of reply. This is the final step in the debate.
Once the mover has exercised the right of reply all further debate on the substantive (main) motion ceases. The presiding member should not call the mover until the time to close off the debate has emerged. In exercising the right of reply the following conventions should be observed:
Once a motion has been formally accepted by the meeting, a member can propose an amendment to the motion. A proposed amendment moved by a member must be seconded by another member. The proposed amendment:
The presiding member needs to pay particular attention when amendments are requested to maintain the continuity and integrity of the debate. Important points regarding amendments include:
In practice, the formal rules of debate apply to the handling of amendments:
Upon concluding debate on the motion and the accepted amendments, it may be necessary to review the order and numbering of the parts of the resolution to ensure it fits together in a coherent way. It may be necessary to reorder the sequence to ensure the motion makes sense. It is vital that the motion as structured and resolved by the council or committee is accurately recorded in the minutes of the meeting.
Note: Where the resolution passed is significantly different from the written recommendation of a committee or an employee, regulation 11 of the Administration Regulations requires the minutes to include a written reason for the changes.
The mover of a motion may request that the motion be withdrawn any time prior to the vote being taken. If such a request is received all debate is suspended and the presiding member calls the meeting to order and ascertains whether the seconder of the motion agrees with the withdrawal request. If the seconder agrees, the matter is put to a vote without further debate. If any council member votes against the withdrawal, the motion must proceed and cannot be withdrawn.
A request to withdraw a motion can be made even if an amendment to the substantive motion is being debated. The presiding member will call the meeting to order and deals with the withdrawal request. If any council member votes against the withdrawal, the motion remains in effect and debate on the amendment continues. Once the amendment has been dealt with, debate continues on the substantive motion.
A foreshadowed motion is a proposed suggestion to the meeting, usually raised during debate, that there is an alternative proposal should the motion being debated, be lost. Foreshadowed motions are usually noted by the presiding member and if the vote is lost, the member who proposed the foreshadowed motion will be invited to move their foreshadowed motion. Once moved the motion is debated in the normal manner.
Procedural motions are a specific set of motions to control the conduct of the meetings and aid the effective transaction of business.
Procedural motions fall into 2 categories:
The closure (or gag) is a motion used when it is felt the debate has gone on long enough and should be concluded by taking a vote. The procedural motion can be moved in the form, ‘I move that the question be now put’. The presiding member may call for a seconder to show there are others present who wish to terminate the debate.
At this stage the presiding member should proceed to take the vote on the procedural motion.
Important notes about this closure motion include:
Subject to standing orders, a closure motion may be moved again later in the debate. However, a later closure motion may not be moved by:
This procedural motion is usually stated in the form, ‘That the meeting proceed to the next item of business.’
Important points about ‘proceed to the next item of business’ include:
If the motion is carried, the item is dropped for the entire meeting unless re-introduced as a notice of motion. The matter need not be further.
There are a number of reasons why a member may wish to terminate debate on a matter. For example, the member may be of the view that:
A temporary procedural motion is a useful device if there is a contentious matter before the meeting that the members want to delay debating or adopting a position on. The procedural motion, if carried, places the matter on hold until specific steps are taken to place it back on the agenda again.
If the meeting wishes to temporarily set aside the motion so that it may be revived at a later stage a member should move, ‘That the debate be adjourned’.
The details or conditions to be met before resuming the debate on the motion should be expressly stated in the procedural motion — for example, adjourn the debate until a particular council or committee meeting date — or until more information is available.
Important points about ‘That the debate be adjourned’ include:
Moving a procedural motion to adjourn the debate can be very useful when:
A matter before the council can be temporarily put aside by the simple device of the procedural motion, ‘That the matter be referred to a committee.’
There can be a number of reasons why a council may wish to adopt this approach. For example, the council may not have the time to do the issue justice and may be of the view that the issue would be better dealt with in detail by a smaller number of members in committee. It is a very practical device that can provide an opportunity for members to examine all aspects of an issue in more detail.
Before referring the matter to a committee, it is advisable to give some consideration as to the terms of reference and the composition of the committee. It may be possible to refer the matter to a standing committee of council. The important points listed in section 9.3.1 above should also be noted as applicable for this referral motion.
The majority of members present at a meeting of a local government may adjourn the meeting to a later hour on the same day or to a later day. An adjournment may occur when:
Administration regulation 8 states that if a quorum is not present within 30 minutes after the scheduled start time for a meeting, the meeting may be adjourned to another day or time by a majority of the members present. The order in which authorised persons can adjourn a council or committee meeting due to the lack of a quorum is:
The meeting must be adjourned by resolution. The mover of the motion to adjourn may speak to it; however, the seconder does not speak other than to formally second the motion It is desirable that the resolution also specifies the arrangements for conducting the meeting at a later time – for example, “Council resolves that the meeting be adjourned and resumed at 2:00pm on day/date, at the council chamber.”
The motion cannot be moved by a member who has already spoken in the debate before the meeting, and a member cannot move this motion more than once in any meeting.
If carried, debate ceases and re-starts at the same point as it left off, unless a vote is taken to change this procedure. If the adjournment is for the meeting to continue on another day, a notice of meeting to re-convene an adjourned meeting should be given as soon as practical.
A successful motion that a nominated member be no longer heard prevents the member from speaking further on the current substantive motion. The mover is not permitted to speak to it and the seconder is only permitted to formally second it. If the member prevented from speaking was the mover to the substantive motion, their right of reply before the vote is taken is not affected.
If a member considers that there has been an irregularity in the conduct of the meeting — for example, a member introduces irrelevant matters, it can be brought to the attention of the presiding member by calling a 'point of order'.
The presiding member must permit the member calling the point of order to state what standing order, code or procedure they believe has been infringed. A point of order takes precedent over all other business until it is determined. The presiding member should immediately rule, upholding the point of order, or overruling it.
Points of order may arise where a member believes there may have been a breach of any local law or any written law.
When a member disagrees with a ruling on a point of order, it is possible to move a motion of dissent. The purpose of the motion of dissent is to seek to correct what may have been a mistake of fact or interpretation on the part of the presiding member. Therefore, when voting on the motion, consideration should be given to the procedural matters, not the popularity of the presiding member.
The procedural motion is stated in the following terms, 'That the ruling of the presiding member be disagreed with'. No further business should be transacted until the dissent motion is resolved.
It is important to remember that:
If the meeting supports the motion of dissent:
Any motion that seeks to change the order of business or alter the formal rules of debate falls within the category of a procedural motion. Examples of this, as contained in a council’s meeting procedures, include motions closing a meeting to the public, and suspending and then resuming meeting procedures.
A decision of council is the result of democratic debate. The final decision — the resolution of council — is the result of open voting by the majority of council members at the meeting. Once a collective decision is made, all members must abide by the decision.
Collective responsibility requires members of a council or its committees to support publicly all decisions made by council even if they do not agree privately.
The Act’s principles establish that the primary accountability of a local government is to its community, and that the decisions of the local government must be made with regard to the benefit of the entire local government area. Accordingly, there are legislative requirements associated with a member’s capacity to participate in decision making (voting) when there is financial interest or conflict arising from an impartiality interest (see sections 7.1 and 7.2).
At the conclusion of the formal debate, the presiding member is required to ascertain the view of the meeting by calling for a vote. Section 5.21 of the Act explains voting and counting requirements, namely:
Section 5.21(2) of the Act states that any member of a council or a committee with a delegated decision-making power, who is present at a meeting, must vote on matters which require a decision at that meeting. The only exception is when the member has declared a financial interest in accordance with section 5.65 of the Act. If the member does not vote when required to do so, they are in breach of the Act (section 5.21(5)). It is advisable for the local government’s CEO to record in the minutes the name of the member who failed to vote on the matter. Such non-voting is considered a serious breach of the Act.
Council’s meeting procedures may permit the use of the 'show of hands' or 'on the voices' or other methods for taking the vote. It is a matter of discretion for the presiding member to adopt the most suitable method in the circumstances existing at the meeting.
The presiding member has a duty to ensure that the:
The presiding member can take any appropriate steps to ensure the result is clear. If any doubt exists, the presiding member can immediately seek a recount.
Each individual member’s vote and the total vote, for and against, must be recorded in the minutes. A request for a recount must occur immediately after the presiding member declares the result.
The person presiding has a vote and must exercise this right as a member of the council or of a committee. If the votes of members present at a council or committee meeting are equally divided, the person presiding must cast a second vote to break the deadlock and achieve a result.
For example, if there are seven councillors plus the president forming the quorum for the meeting and four councillors vote for the motion and three councillors and the president vote against it, the vote would be tied. The president, as the person presiding, would use their second vote to break the deadlock and bring about a decision. The second vote cannot be used to achieve an absolute majority vote outcome.
A decision of a local government to revoke or change an earlier decision may have serious legal implications for a variety of reasons, such as where the original decision has been implemented, or has already been communicated to the applicant.
It is not the purpose of this guide to elaborate on such legal implications but local governments are urged to be sure that the issues are addressed, and legal advice sought, as necessary before attempting to revoke or change an earlier decision.
A well-researched report, prepared for the council or committee by or at the direction of the CEO, addressing the legal, financial and any other consequences of the proposed revocation or change is essential to ensure that all relevant matters are properly considered by council members before the revocation process is commenced.
Regulation 10 of the Administration Regulations prescribes how and when a decision made at a meeting of council or a committee may be revoked or changed. Such revocation or change can only occur where the result is that the original decision is either revoked or becomes substantially different.
A motion to revoke or change a previous council or committee decision must (first stage) be supported and be signed by at least a third of the number of members (whether vacant or not), inclusive of the mover, of the council or committee, or by an absolute majority if an attempt to revoke or change the decision has been made and failed in the previous three months.
The second stage, (after the required support for the motion has been obtained and recorded), is the formal consideration of the motion after it is seconded, and the decision whether to revoke or change the earlier resolution. This decision must be made, in the case where the decision to revoke or change was made by an absolute or special majority, by that same type of majority. In any other case, decisions are to be made by an absolute majority.
Regulation 10 of the Administration Regulations governs the number of members that must:
The minutes must clearly show compliance with the voting requirements.
To ensure consistency, local governments should resolve the procedure that is to be adopted for accepting and recording a proposal to revoke or change a decision. It is recommended that the names of the members who support the introduction of the motion should be recorded in the minutes, before the motion to revoke or change a decision is put to the meeting.
Unless the motion to revoke or change includes an explanation for the action as part of the motion, it is good practice to record the reason in a separate resolution or as a notation in the minutes.
The term 'en bloc' is used to describe the practice of adopting the recommendations of a committee, or multiple officer recommendations, by the use of only one resolution or the adoption of the recommendations in groups, without a separate resolution for each recommendation.
The practice of adopting recommendations en bloc is intended to speed up the resolution of the business of the council meeting where council members have no reason to disagree with recommendations. While the intent in adopting the procedure is obvious, it is extremely important that the outcome in respect to every item in the agenda is clear.
It is suggested that the meeting procedures of those local governments that have adopted, or wish to adopt, an en bloc method of dealing with committee or officer recommendations should be written to clearly endorse the practice. This will ensure there is consistency in the way the following procedure is recommended:
Minutes are the official record of the business and decisions made at the council and committee meetings and, as a legal record, are arguably the most important records of a local government.
The minutes do not need to be a verbatim transcript of proceedings and there is no legal requirement to have a full transcript or even a summary of member’s statements, unless it is determined at the meeting that this should occur. Administration regulation 11 sets out what the content of minutes is to include. See also DLGSC’s A Guide to the Preparation of Agendas and Minutes.
The minutes of each meeting need to be:
Regulation 11 of the Administration Regulations sets out the content that the minutes of council or committee meetings must contain, including:
Section 5.22(2) and (3) of the Act requires that the minutes of a council or committee meeting are to go to the next meeting of the council or committee for confirmation and signing by the person presiding to certify the confirmation.
Section 5.94(n) (o) and (p) of the Act lists, amongst other items, the agenda and minute related documents, (whether or not current and in the form or medium that they are held by the local government), that must be available free for inspection by members of the public. This list includes the availability of:
Section 5.96A sets out information that must be accessible on the local government’s website. This includes confirmed minutes of council or committee meetings but excludes the meeting or that part of the meeting that was closed to members of the public, or in the CEO’s opinion, could have been closed to members of the public but was not closed.
The confirmation of the minutes of council is by way of a motion and the meeting may, until the confirmation motion is carried, move amendments to the minutes.
Once the minutes have been confirmed, they cannot be altered. If at a later date an error is noted in the minutes, any correction must be in the form of a motion and carried by the meeting. The minutes of the meeting are to record details of any motion for the correction of the minutes of a former meeting.
Courts have held that the minutes are prima facie evidence of council decisions, but their accuracy may be challenged. The burden of proof is on the party questioning the accuracy of the minutes. In considering the adoption of the minutes, the test is to ask - are they a clear, accurate, concise and complete record of the business and decisions of the meeting?\