minutes 15 september 2021 table of contents item
TRANSCRIPT
1
15 September 2021 – Ordinary Meeting of Council
MINUTES
15 SEPTEMBER 2021
Table of Contents
ITEM DESCRIPTION PAGE
1 DECLARATION OF OPENING AND ANNOUNCEMENT OF VISITORS 2
2 RECORD OF ATTENDANCE/APOLOGIES AND APPROVED LEAVE OF ABSENCE 2
3 DISCLOSURE OF INTERESTS: 2
Direct Financial Interest
Indirect Financial Interest
Closely Associated Persons
Proximity Interest
4 PUBLIC QUESTION TIME 2
5 APPLICATIONS FOR LEAVE OF ABSENCE 2
6 CONFIRMATION AND RECEIVING OF MINUTES
6.1
6.2
Ordinary Meeting of Council held Wednesday 18 August 2021
Special Council Meeting held Tuesday 7 September 2021
2
7 ANNOUNCEMENTS BY THE PRESIDING PERSON WITHOUT DISCUSSION 3
8 PETITIONS/DEPUTATIONS/PRESENTATIONS/SUBMISSIONS 3
9 OFFICER REPORTS
9.1.1 Monthly Financial Reports to 31 August 2021 4
9.1.2 Schedule of Accounts Paid to 31 August 2021 5
9.1.3 Status of Council Decisions – August 2021 6
9.1.4 Review of Local Laws 8
9.1.5 Superannuation Voluntary Contribution 10
10 ELECTED MEMBER MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN 12
11 NEW BUSINESS OF AN URGENT NATURE AGREED TO BY RESOLUTION OF COUNCIL 12
12 MATTERS BEHIND CLOSED DOORS
15
13 MEETING CLOSED 22
2
15 September 2021 – Ordinary Meeting of Council
MINUTES ORDINARY MEETING OF COUNCIL
15 SEPTEMBER 2021
1
DECLARATION OF OPENING AND ANNOUNCEMENT OF VISITORS
The Presiding Member, Shire President Cr Scott Crosby, declared the meeting opened at
5.30pm.
2 RECORD OF ATTENDANCE/APOLOGIES AND APPROVED LEAVE OF ABSENCE
Members
Cr SR Crosby
Cr TD Borgward
Cr BC Bamess
Cr AL Smith
Cr RA Jury
Shire President
Member
Member
Member
Member
Staff
RJ Stewart
M Bamess
Acting Chief Executive Officer
Deputy Chief Executive Officer
Works Manager
Darren Gray
3.
DECLARATION OF INTERESTS:
Direct Financial Interest:
Nil
Indirect Financial Interest:
Nil
Proximity interest:
Nil
Impartiality:
Nil
Apologies
Members on Approved Leave of Absence
Cr KV Johnston
Cr JN Germain
Deputy Shire President
Member
4 PUBLIC QUESTION TIME
Nil
5 APPLICATIONS FOR LEAVE OF ABSENCE
Nil
6 CONFIRMATION AND RECEIVING OF MINUTES/BUSINESS ARISING
6.1 Ordinary Meeting of Council held on Wednesday 18 August, 2021
That the Minutes of the Ordinary Council Meeting of the Shire of Kent held at the
Council Chambers, on Wednesday 18 August, 2021 be CONFIRMED
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15 September 2021 – Ordinary Meeting of Council
OCM2122/032 - COUNCIL RESOLUTION (Officer Recommendation)
MOVED Cr TD Borgward/ Cr RA Jury
That the Minutes of the Ordinary Council Meeting of the Shire of Kent held at
the Council Chambers, on Wednesday 18 August 2021 be CONFIRMED
CARRIED 5/0
By Simple Majority
6.2 Special Meeting held on Tuesday 7 September, 2021
That the Minutes of the Special Council Meeting of the Shire of Kent held at the
Nyabing Pavilion, on Tuesday 7 September, 2021 be CONFIRMED.
OCM2122/033 - COUNCIL RESOLUTION (Officer Recommendation)
MOVED Cr RA Jury / Cr AL Smith
That the Minutes of the Special Council Meeting of the Shire of Kent held at
the Nyabing Pavilion, on Tuesday 7 September, 2021 be CONFIRMED.
CARRIED 5/0
By Simple Majority
7 ANNOUNCEMENTS BY THE PRESIDING PERSON WITHOUT DISCUSSION
The Presiding member, Cr Scott Crosby, acknowledged the service of retiring Councillors
Smith and Bamess. It was noted that Cr Smith had served ten years as a Councillor, two of
which as Shire President.
Cr Bamess served for four years.
Both Councillors represented the community well and were acknowledged by
acclamation.
8
9
PETITIONS/DEPUTATIONS/PRESENTATIONS/SUBMISSIONS
Nil
OFFICER REPORTS
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15 September 2021 – Ordinary Meeting of Council
9.1.1 MONTHLY FINANCIAL REPORTS TO 31 AUGUST 2021
PROPOSED MEETING DATE:
PROPONENT:
LOCATION:
AUTHOR:
REPORTING OFFICER:
FILE NO:
ASSESSMENT NO:
ATTACHMENTS:
DISCLOSURE OF INTEREST:
15 September 2021
N/A
N/A
Christie Smith – Senior Finance Officer
Michelle Bamess –Deputy Chief Executive Officer
FIN30.20
N/A
Monthly Financial Reports to 31 August 2021
Nil
PURPOSE
In accordance with the Local Government (Financial Management) Regulations 1996, to follow is
the presentation of the Monthly Financial Reports to Council.
BACKGROUND
Monthly Financial Reports are to be presented to Council and are to be received by Council
resolution.
COMMENT
The Monthly Financial Reports as presented indicate that Council continues to be in a sound financial
position. Please note the reports are the unaudited version, audit will be undertaken in September
2021 and audited financials will be presented to Council accordingly and the bought forward
balance many need to be adjusted in this financial year. Most variances are due to timing, with the
financial year just commencing and budget adoption being mid July 2021.
STATUTORY IMPLICATIONS
Local Government Act 1995 – Section 6.4
Local Government (Financial Management) Regulations 1996 – Clause 34 and 35
POLICY IMPLICATIONS
Policy 4.1 Accounting Policies
Objective: To provide the basis for Council’s accounting concepts and reporting
guidelines.
To maintain accounting reporting procedures which comply with Statutory
Requirements and to demonstrate Council’s financial position.
FINANCIAL IMPLICATIONS
Ongoing management of Council funds
STRATEGIC IMPLICATIONS
Community Strategic Plan 2017-2027
Civic Leadership Objective - Continually enhance the Shire’s organisational capacity to
service the needs our community
Outcome 4.1 An efficient and effective organisation
4.1.1 Continually improve operational efficiencies and provide effective services.
4.1.2 Continue to enhance communication and transparency.
RISK IMPLICATIONS
N/A
VOTING REQUIREMENT
Simple Majority
RECOMMENDATION
That the Council receive the Monthly Financial Reports as presented:
Monthly Financial Reports to 31 August 2021
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15 September 2021 – Ordinary Meeting of Council
OCM2122/034 - COUNCIL RESOLUTION
MOVED Cr RA Jury / Cr BC Bamess
That the Council receive the following Monthly Financial Reports as presented:
Monthly Financial Reports to 31 August 2021
CARRIED 5/0
By Simple Majority
9.1.2 SCHEDULE OF ACCOUNTS PAID TO 31 AUGUST 2021
PROPOSED MEETING DATE:
PROPONENT:
LOCATION:
AUTHOR:
REPORTING OFFICER:
FILE NO:
ASSESSMENT NO:
ATTACHMENTS:
DISCLOSURE OF INTEREST:
15 September 2021
N/A
N/A
Christie Smith – Senior Finance Officer
Michelle Bamess –Deputy Chief Executive Officer
042.6.2
N/A
1. Schedule of accounts paid
2. Schedule of direct debits
Nil
PURPOSE
Council endorsement of payment to Creditors under CEO Delegated Authority 2.1.2.
BACKGROUND
Details payments made to creditors since last Council Meeting.
COMMENT
The Schedule of Accounts Reports as presented, indicate that Council continues to be in a sound
financial position.
STATUTORY IMPLICATIONS
Local Government Act 1995 – Section 6.4;
Local Government (Financial Management) Regulations 1996 – Part 2 – Regulation 11 and 12
POLICY IMPLICATIONS
Policy 4.1 Accounting Policies
Objective: To provide the basis for Council’s accounting concepts and reporting guidelines.
To maintain accounting reporting procedures which comply with Statutory Requirements and to
demonstrate Council’s financial position.
FINANCIAL IMPLICATIONS
Ongoing management of Council funds
STRATEGIC IMPLICATIONS
Community Strategic Plan 2017-2027
Civic Leadership Objective - Continually enhance the Shire’s organisational capacity to service the
needs our community
Outcome 4.1 An efficient and effective organisation
4.1.1 Continually improve operational efficiencies and provide effective services.
4.1.2 Continue to enhance communication and transparency.
RISK IMPLICATIONS
N/A
VOTING REQUIREMENT
Simple Majority
RECOMMENDATION
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15 September 2021 – Ordinary Meeting of Council
That the Council endorse the payments from the Municipal Fund and Trust Fund for the period
ending 31 August 2021:
Municipal Fund $225,525.29
Trust Fund $ 0.00
Direct Debits $136,605.88
TOTAL $362,131.17
OCM2122/035 - COUNCIL RESOLUTION
MOVED Cr AL Smith / Cr BC Bamess
That the Council endorse the payments from the Municipal Fund and Trust Fund for the period
ending 31 August 2021:
Municipal Fund 225,525.29
Trust Fund $ 0.00
Direct Debits $136,605.88
TOTAL $362,131.17
CARRIED 5/0
By Simple Majority
9.1.3 STATUS OF COUNCIL DECISIONS – AUGUST 2021
PROPOSED MEETING DATE:
PROPONENT:
LOCATION:
AUTHOR:
REPORTING OFFICER:
FILE NO:
ASSESSMENT NO:
ATTACHMENTS:
15 September 2021
N/A
N/A
Rob Stewart – Acting Chief Executive Officer
Rob Stewart – Acting Chief Executive Officer
041.1.1
N/A
1. Council Resolution Register
PURPOSE
To inform Council of the actions taken in relation to Council decisions.
BACKGROUND
By providing this report to Council as an agenda item on a monthly basis will keep Council informed
on the progress of decisions made.
COMMENT
The status of Council decisions/resolutions is included as an attachment and updated monthly.
It is requested that action items be reviewed at each Council meeting.
STATUTORY IMPLICATIONS
Local Government Act (1995), Section 5.41
The CEO’s functions are to:-
c) Cause Council decisions to be implemented
POLICY IMPLICATIONS
Nil
FINANCIAL IMPLICATIONS
Nil
STRATEGIC IMPLICATIONS
Community Strategic Plan 2017-2027
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15 September 2021 – Ordinary Meeting of Council
Civic Leadership Objective - Continually enhance the Shire’s organisational capacity to service the
needs our community
Outcome 4.1 An efficient and effective organisation
4.1.1 Continually improve operational efficiencies and provide effective services.
4.1.2 Continue to enhance communication and transparency.
RISK IMPLICATIONS
N/A
VOTING REQUIREMENT
Simple Majority
RECOMMENDATION
That the Council receive the Council Resolutions Register for the month of August 2021.
OCM2122/036 - COUNCIL RESOLUTION (Officer Recommendation)
MOVED Cr TD Borgward / Cr BC Bamess
That the Council receive the Council Resolutions Register for the month of August 2021.
CARRIED 5/0
By Simple Majority
9.1.4 REVIEW OF LOCAL LAWS
PROPOSED MEETING DATE:
PROPONENT:
LOCATION:
AUTHOR:
REPORTING OFFICER:
FILE NO:
ASSESSMENT NO:
ATTACHMENTS:
15 September 2021
N/A
N/A
Michelle Bamess – Deputy Chief Executive Officer
Rob Stewart – Acting Chief Executive Officer
044.1.2
N/A
Nil
PURPOSE
This report recommends that Council undertakes a statutory review of the Shire’s local laws in
accordance with section 3.16 of the Local Government Act 1995 (the Act) and gives local public
notice of its intention to undertake such a review.
BACKGROUND
Section 3.16 of the Act requires that a periodic review of all local laws is undertaken within a period
of 8 years from the date of commencement of the local law or from the date it was last reviewed.
Section 3.16 states:
3.16. Periodic review of local laws
1. Within a period of 8 years from the day when a local law commenced or a report of a review
of the local law was accepted under this section, as the case requires, a local government is to
carry out a review of the local law to determine whether or not it considers that it should be
repealed or amended.
2. The local government is to give local public notice stating that —
a) the local government proposes to review the local law; and
b) a copy of the local law may be inspected or obtained at any place specified in the notice;
and
c) submissions about the local law may be made to the local government before a day to be
specified in the notice, being a day that is not less than 6 weeks after the notice is given.
[2a) deleted]
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15 September 2021 – Ordinary Meeting of Council
3. After the last day for submissions, the local government is to consider any submissions made and
cause a report of the review to be prepared and submitted to its council.
4. When its council has considered the report, the local government may determine* whether or
not it considers that the local law should be repealed or amended.
* Absolute majority required.
Shire of Kent has nine local laws based on the WALGA Models and adopted at the Ordinary
meeting of Council on 18 May 2011:
Activities on Thoroughfares and Trading Local Laws
Cemeteries Local law
Dogs Local Law
Extractive Industries Local law
Fencing Local Law
Health Local Law
Local Government Property Local Law
Pest Plants Local Law
Standing Orders Local law
*Note about the Health local law: as the Department of Health is in the process of modernising the
old Health Act 1911 into the Public Health Act 2016, it is proposed to exclude the Health Local Law
from this review. It is the intention of the Health Department to draft model Health Local Laws once
the legislative change-over has been completed.
COMMENT
Section 3.16(2) of the Act requires public consultation to be conducted for a period of at least six
weeks as part of the review process, following which all submissions are to be considered and a
report of the review process presented to Council.
Council will then be required to determine whether or not it considers that a local law should be
repealed or amended.
The following tentative timeline for the review process is suggested:
Review stage Date
Council decision to undertake the review 13 July 2021
Public notice and commencement of the consultation period 23 July 2021
Close of consultation period 17 September 2021
Review of submissions and report to Audit and Risk Committee 16 November 2021
Council decision to amend, repeal or leave as is each local law 14 December 2021
Administrative process to implement Council’s decision Most of year 2022
STATUTORY IMPLICATIONS
Local laws are made under various legislations:
The Local Government Act 1995 enables the making of the Standing Orders local law, the
Extractive Industries local law, the Activities on Thoroughfares and Trading local law, Pest
Plants local law and The Local Government Property local law;
The Dog Act 1976 enables the making of the Dogs local law;
The Dividing Fences Act 1961 enables the making of the Fencing local law; and
The Cemeteries Act 1986 enables the making of the Cemeteries local law;
POLICY IMPLICATIONS
Nil
FINANCIAL IMPLICATIONS
Financial implications are limited to the advertising costs of a local public notice.
STRATEGIC IMPLICATIONS
Community Strategic Plan 2017-2027
Civic Leadership Objective - Continually enhance the Shire’s organisational capacity to
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15 September 2021 – Ordinary Meeting of Council
service the needs of our community.
Outcome 4.1 An efficient and effective organisation
4.1.1 Continually improve operational efficiencies and provide effective
services.
RISK IMPLICATIONS
Risk: Compliance – failure to comply with the Local Government Act 1995
Likelihood Consequence Rating
Unlikely Insignificant Low
Action / Strategy
Council undertakes a review of its local laws.
VOTING REQUIREMENT
Simple Majority
RECOMMENDATION
That Council:
1. Resolves to undertake a review of the following Shire of Kent’s local laws:
Activities on Thoroughfares and Trading Local Laws
Cemeteries Local law
Dogs Local Law
Extractive Industries Local Law
Fencing Local Law
Local Government Property Local Law
Pest Plants Local Law
Standing Orders Local Law
and
2. In accordance with section 3.16(2) of the Local Government Act 1995 gives local public
notice of its intention to undertake the review and invites public submissions for a period not
less than six (6) weeks.
OCM2122/037 - COUNCIL RESOLUTION (Officer Recommendation)
MOVED Cr RA Jury / Cr BC Bamess
That the Council:
1. Resolves to undertake a review of the following Shire of Kent’s local laws:
Activities on Thoroughfares and Trading Local Laws
Cemeteries Local law
Dogs Local Law
Extractive Industries Local law
Fencing Local Law
Local Government Property Local Law
Pest Plants Local Law
Standing Orders Local Law
and
2. In accordance with section 3.16(2) of the Local Government Act 1995 gives local
public notice of its intention to undertake the review and invites public
submissions for a period not less than six (6) weeks.
CARRIED 5/0
By Simple Majority
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15 September 2021 – Ordinary Meeting of Council
9.1.5 SUPERANNUATION VOLUNTARY CONTRIBUTION
PROPOSED MEETING DATE:
PROPONENT:
LOCATION:
AUTHOR:
REPORTING OFFICER:
FILE NO:
ASSESSMENT NO:
ATTACHMENTS:
DISCLOSURE OF INTEREST:
15 September 2021
N/A
N/A
Rob Stewart – Acting Chief Executive Officer
Rob Stewart – Acting Chief Executive Officer
041.4.2
N/A
DRAFT – Superannuation Voluntary Contribution Policy
Nil
PURPOSE
For the Council to consider the adoption of a Superannuation Voluntary Contribution Policy.
BACKGROUND
The superannuation guarantee contribution began on 1 July 1992 stipulating that employers are to
provide a set, minimum level of superannuation each year for each employee. From 1 July 2002 until
30 June 2013 the superannuation guarantee was 9%. In 2013 it was announced that the
superannuation guarantee would progressively increase to 12%. The increase stalled at 9.5%
between 1 July 2014 and 30 June 2021. On 1 July 2021 the superannuation guarantee increased to
10% and is scheduled to progressively increase to 12% by 2025.
For many years Shire of Kent employees have been able to voluntary contribute to the
superannuation with Council contributing an additional 3% if employee voluntary contributions were
greater than 5%. There was a policy that formed part of a previous council policy, however this has
since been revoked and never replaced.
COMMENT
The Local Government Act 1995 requires the Council to determine the local government’s policies.
A superannuation voluntary contribution policy is necessary to ensure that there is no doubt as to
what the council will offer all employees, except those that are under fixed term contracts, who may
negotiate separately. The current Enterprise Agreement is now due for renewal and the references
in that document to superannuation are superseded by changes to legislation.
Shire employees terms and conditions of employment are covered by employment contracts and
either the Local Government Industry Award 2020 or the Shire of Kent Enterprise Agreement 2015. The
Enterprise Agreement includes the following clause relating to superannuation contributions:
14.4 As per Council Policy number 2.1.4 Allowances and Remuneration, Employees of the
Shire of Kent who are employed on a permanent basis may make application to the
Chief Executive Officer to join the voluntary contribution section of the Local
Government Superannuation Plan after satisfactorily completing any probationary
period set as part of the terms of their employment. Council may contribute up to 3%
of the employee’s salary to this scheme in addition to 5% contribution made by the
employee.
STATUTORY IMPLICATIONS
Local Government Act 1995 s2.7
2.7 Role of council
(1) The council –
(a) governs the local government’s affairs; and
(b) is responsible for the performance of the local government’s functions
(2) Without limiting subsection (1), the council is to –
(a) oversee the allocation of the local government’s finances and resources; and
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15 September 2021 – Ordinary Meeting of Council
(b) determine the local government’s policies.
Superannuation Guarantee (Administration) Act 1992
Fair Work Act 2009
Local Government Industry Award 2020
POLICY IMPLICATIONS
The Shire of Kent’s Policy Manual will be updated as a result of this item.
FINANCIAL IMPLICATIONS
Budget
There are no changes to the financial implications relevant in adopting this policy.
Long Term
As no assets or infrastructure are being created, there are no whole of life costs relevant to this item.
SUSTAINABILITY IMPLICATIONS
An attractive superannuation contribution policy enables the Shire to remain competitive locally to
attract and retain employees, which assists in delivering key Shire objectives and services as well as
maintaining a healthy positive work environment.
STRATEGIC IMPLICATIONS
Community Strategic Plan 2017-2027
Civic Leadership Objective - Continually enhance the Shire’s organisational capacity to service the
needs our community
Outcome 4.1 An efficient and effective organisation
4.1.1 Continually improve operational efficiencies and provide effective services.
4.1.2 Continue to enhance communication and transparency.
RISK IMPLICATIONS
The proposed policy amendments reduce the Shire’s risk by clarifying policy statements and reducing
the possibility of misinterpretation.
VOTING REQUIREMENT
Simple Majority
RECOMMENDATION
That the Council adopt the attached policy 2.1.12 Superannuation Voluntary Contribution.
OCM2122/038 - COUNCIL RESOLUTION (Officer Recommendation)
MOVED Cr TD Borgward / Cr RA Jury
That the Council adopt the attached policy 2.1.12 Superannuation Voluntary Contribution
and that the Policy Manual be updated to include the policy.
CARRIED 5/0
By Simple Majority
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15 September 2021 – Ordinary Meeting of Council
10. ELECTED MEMBER MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN
Nil
11. NEW BUSINESS OF AN URGENT NATURE AGREED TO BY RESOLUTION OF COUNCIL
OCM2122/039 - COUNCIL RESOLUTION (Officer Recommendation)
MOVED Cr RA Jury / Cr AL Smith
That the Council consider the new business of urgent nature as presented.
CARRIED 5/0
By Simple Majority
11.1.1 EXTRAORDINARY ELECTION
PROPOSED MEETING DATE:
PROPONENT:
LOCATION:
AUTHOR:
REPORTING OFFICER:
FILE NO:
ASSESSMENT NO:
ATTACHMENTS:
15 September 2021
NA
NA
Michelle Bamess – Deputy Chief Executive Officer
Rob Stewart – Acting Chief Executive Officer
041.2.1
NA
Letter from WAEC Re Extraordinary Election
PURPOSE
The Council is to consider the need for an extraordinary election to fill two (2) vacancies after
not receiving sufficient nominations in the ordinary election
BACKGROUND
The Shire of Kent had four four-year terms and one two-year term declared vacant in the 2021
Local Government Elections. At the close of nominations for these vacancies on Thursday 9
September 2021, only three candidates had nominated for five positions. One four-year term,
expiring 18 October 2025, and one two-year term, expiring 21 October 2023, remain to be
filled.
COMMENT
Council is bound by the provisions contained in Section 4.57(2) and (3) of the Local
Government Act 1995 where it is required to hold an extraordinary election following the
situation where nominations are of a lesser number than vacancies.
Section 4.9(1) of the Local Government Act 1995 requires that an election date now needs to
be decided and set by either the President in writing or by the Council at a meeting within one
month of the vacancy occurring.
The Council must determine as to whether this be postal or in person. Should the Council wish
to undertake a postal ballot the following two motions would need to be passed by absolute
majority:
Declare, in accordance with section 4.20(4) of the Local Government Act 1995, the
Electoral Commissioner to be responsible for the conduct of the 2021 ordinary elections
together with any other elections or polls which may also be required;
In accordance with section 4.61(2) of the Local Government Act 1995 that the method
of conducting the election on 16 October 2021 will be as a postal election.
If Council again receives no nominations it can then appoint anyone considered suitable or
qualified to take on the position for the period covered by the two vacancies (a four-year term
and a two-year term).
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15 September 2021 – Ordinary Meeting of Council
The WA Electoral Commission has published a timeline for extraordinary elections needing to
be held as a result of a shortage of nominations. This date is 10 December 2021. Therefore, as
the Electoral Commission needs to be advised 80 days prior to an election day, the last day to
advise the Electoral Commissioner is 21 September 2021.
STATUTORY IMPLICATIONS
Local Government Act (1995)
Division 4 — Extraordinary elections
4.8. Extraordinary elections
(1) If the office of a councillor or of an elector mayor or president becomes vacant
under section 2.32 or 2.33 an election to fill the office is to be held.
(2) An election is also to be held under this section if section 4.57 or 4.58 so requires.
(3) An election under this section is called an extraordinary election.
4.9. Election day for extraordinary election
(1) Any poll needed for an extraordinary election is to be held on a day decided
on and fixed —
(a) by the mayor or president, in writing, if a day has not already been fixed
under paragraph (b); or
(b) by the council at a meeting held within one month after the vacancy
occurs, if a day has not already been fixed under paragraph (a).
(2) The election day fixed for an extraordinary election is to be a day that allows
enough time for the electoral requirements to be complied with but, unless the
Electoral Commissioner approves or section 4.10(b) applies, it cannot be later
than 4 months after the vacancy occurs.
(3) If at the end of one month after the vacancy occurs an election day has not
been fixed, the CEO is to notify the Electoral Commissioner and the Electoral
Commissioner is to —
(a) fix a day for the holding of the poll that allows enough time for the
electoral requirements to be complied with; and
(b) advise the CEO of the day fixed.
4.10. Extraordinary election can be held before resignation has taken effect
If a member resigns —
(a) the vacancy is to be regarded for the purposes of sections 4.8(1) and 4.9 as
occurring when the CEO receives the notice of resignation even if the
resignation takes effect on a later day; but
(b) the election day fixed for the extraordinary election cannot be earlier than one
month before the resignation actually takes effect.
4.57. Less candidates than vacancies
(1) If, at the close of nominations, there are no candidates for the office or offices
to be filled at the election, an extraordinary election is to be held to fill the office
or offices as if it or they had become vacant on the day after the close of
nominations.
(2) If, at the close of nominations, the number of candidates is less than the number
of offices to be filled at the election —
(a) the candidate or candidates is or are elected; and
(b) an extraordinary election is to be held to fill the remaining office or offices
as if it or they had become vacant on the day after the close of
nominations.
(3) If, at the close of nominations for an extraordinary election required under
subsection (1) or (2) there are no candidates or the number of candidates is less
than the number of offices to be filled at the election, the council may appoint*
to any unfilled office a person who would be eligible to be a candidate for
election to the office and who is willing to accept the appointment.
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15 September 2021 – Ordinary Meeting of Council
* Absolute majority required.
(4) A person appointed under subsection (3) is to be regarded as having been
elected
POLICY IMPLICATIONS
The Council has no specific policy regarding this matter.
FINANCIAL IMPLICATIONS
WAEC has provided an estimated cost of $9,000 to conduct the extraordinary election. This
expenditure not been budgeted for in the 2020/2021 Budget and will require consideration at
Budget Review.
STRATEGIC IMPLICATIONS
Civic Leadership Objective - Continually enhance the Shire’s organisational capacity to
service the needs our community
Outcome 4.1 An efficient and effective organisation
ATTACHMENTS
Letter from the WAEC advising estimated costs and agreement to conduct the extraordinary
election.
VOTING REQUIREMENT
Absolute Majority
RECOMMENDATION
That the Council:
1. Conduct an extraordinary election for two positions, one term expiring 21
October 2023 and one term expiring 18 October 2025, such extraordinary
election to be held on 10 December 2021; and
2. Declares, in accordance with section 4.20(4) of the Local Government Act
1995, the WA Electoral Commissioner to be responsible for the conduct of
the 2021 extraordinary election together with any other elections or polls
which may also be required; and
3. In accordance with section 4.61(2) of the Local Government Act 1995 that
the method of conducting the 10 December 2021 election will be as a
postal election.
OCM2122/040 - COUNCIL RESOLUTION (Officer Recommendation)
MOVED Cr TD Borgward / Cr RA Jury
That the Council:
1. Conduct an extraordinary election for two positions, one term expiring 21
October 2023 and one term expiring 18 October 2025, such extraordinary
election to be held on 10 December 2021; and
2. Declares, in accordance with section 4.20(4) of the Local Government Act
1995, the WA Electoral Commissioner to be responsible for the conduct of
the 2021extraordinary election together with any other elections or polls
which may also be required; and
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15 September 2021 – Ordinary Meeting of Council
3. In accordance with section 4.61(2) of the Local Government Act 1995 that
the method of conducting the 10 December 2021 election will be as a postal
election.
CARRIED 5/0
By Simple Majority
11.1.2 MAINSTREET ENHANCEMENT PROJECT
OCM2122/041 - COUNCIL RESOLUTION (Officer Recommendation)
MOVED Cr AL Smith / Cr RA Jury
That:
1. The presentation by Tim Davies Landscaping (TDL) consultant and accompanying reports
relating to Street scaping Enhancement in Nyabing and Pingrup be noted.
2. Public consultation be undertaken for a six week period seeking feedback and submissions
on the streetscape proposals.
3. A further report be prepared and presented to the ordinary meeting of the Council
scheduled to be held on 15 December 2021
CARRIED 5/0
By Simple Majority
12. MATTERS BEHIND CLOSED DOORS
That the meeting be closed to the public in accordance with section 5.23 Local
Government Act 1995, 5.5.23(2))
Matters affecting employee(s)
Personal affairs of any person(s), including financial and/or commercial Contracts
Commercial Confidentiality
Legal advice/matters
Public safety/security matters where public knowledge may be prejudicial.
PROCEDURAL MOTION
That Council closes the meeting to the public to consider matters of a
confidential nature behind closed doors.
OCM2122/042 - COUNCIL RESOLUTION
MOVED Cr TD Borgward / Cr BC Bamess
That the Council closes the meeting to the public to consider matters of a
confidential nature behind closed doors.
CARRIED 5/0
By Simple Majority
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15 September 2021 – Ordinary Meeting of Council
Darren Gray left the meeting room at 5.47pm
Christie Smith entered the meeting room at 5.47pm
12.1.1 CONFIDENTIAL - SCHEDULED CAPITAL WORKS – KUKERIN ROAD
PROPOSED MEETING DATE:
PROPONENT:
LOCATION:
AUTHOR:
REPORTING OFFICER:
FILE NO:
ASSESSMENT NO:
ATTACHMENTS:
DISCLOSURE OF INTEREST:
15 September 2021
N/A
N/A
Paul Spencer – Works Manager/Christie Smith – Senior Finance
Officer
Rob Stewart –Acting Chief Executive Officer
ROAD005
N/A
N/A
N/A
PURPOSE
For the Council to consider tenders received for RFT 02-21/22 Upgrade of Kukerin, Adams and
Peterson Road Ready for Sealing. Council also need to consider the requirement for additional
unbudgeted expenditure due to the cost of the project.
OCM2122/043 - COUNCIL RESOLUTION - Officer Recommendation 1
MOVED Cr TD Borgward / Cr BC Bamess
That the Council :
a. Approve unbudgeted expenditure of $508,000 for the completion of the Kukerin Road
upgrade.
b. Defer the Roads to Recovery North Fence Road project to be considered for future
years funding and replace with Kukerin Road at amount of $206,816 and transfer an
amount of $301,184 from the Road Reserve.
CARRIED 5/0
By Absolute Majority
OCM2122/043 - COUNCIL RESOLUTION - Officer Recommendation 2
MOVED Cr TD Borgward / Cr BC Bamess
That the Council :
a. Accepts the Tender for RFT 02-21/22 Upgrade of Kukerin, Adams and Peterson
Road Ready for Sealing by MC Civil Constructions as the most advantageous
at a total cost of $1,103,812
b. Authorises the Acting Chief Executive Officer to liaise with the successful
tenderer to make necessary minor variations to achieve design outcomes
before entry into contract.
c. Authorises the Acting Chief Executive Officer, in accordance with section
9.49A(4) of the Local Government Act 1995, to execute the contract for Tender
for RFT 02-21/22 Upgrade of Kukerin, Adams and Peterson Road Ready for
Sealing.
CARRIED 5/0
By Simple Majority
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15 September 2021 – Ordinary Meeting of Council
DCEO and Works Manager left the meeting room at 6.25pm
Christie Smith left the meeting room at 6.25pm
12.1.2 CHIEF EXECUTIVE OFFICER RECRUITMENT
PROPOSED MEETING DATE:
PROPONENT:
LOCATION:
AUTHOR:
REPORTING OFFICER:
FILE NO:
ASSESSMENT NO:
ATTACHMENTS:
DISCLOSURE OF INTEREST:
15 September 2021
N/A
N/A
Rob Stewart – Acting Chief Executive Officer
Rob Stewart – Acting Chief Executive Officer
041.4.2
N/A
1. Proposed CEO Employment Contract
2. Summary of the CEO Selection Committee assessment of
each CEO applicant
3. CEO Selection Committee Minutes – 7 September 2021
Nil
PURPOSE
To review and approve a recommendation to make an offer of employment for the position
of CEO to a preferred candidate in accordance with the proposed terms contained in the
contract of employment.
BACKGROUND
At its meeting held on 21 July 2021, the Council resolved:
That Council:
1. Pursuant to Schedule 2 clause 5(2) of the Local Government (Administration) Regulations
Act 1996, approve the Application Package and Job Description for the recruitment of a CEO.
2. Appoints Mr Devon Gilmour to join the CEO selection panel as the independent person,
pursuant to Regulation 8(3) (b) of the Local Government (Administration) Regulations 1996.
CARRIED 5/0
By Absolute Majority
The position was advertised on Saturday 31 July 2021 in the LG section of the West Australian,
on SEEK and on the Shire's website.
Eleven applications were received.
The CEO Selection Committee (the Committee) assessed each applicant’s knowledge,
experience, qualifications and skills against the adopted selection criteria as summarised in
the Confidential Attachment. The Committee shortlisted three suitable applicants for further
review and interview.
The shortlisted applicants were interviewed by the Committee on 7 September 2021.
At that meeting, the Committee assessed the candidates based on their interviews and
recommended to the council that two of the candidates be further considered subject to due
diligence checks, including referee responses.
The appointed Human Resources Consultant completed reference checks on behalf of the
Council relating to the two candidates. Upon selection of a preferred applicant a current
police clearance, qualification checks and a pre-employment medical will be requested of
the preferred candidate in accordance with Council policy.
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15 September 2021 – Ordinary Meeting of Council
A further report from the Consultant is attached.
Both of the preferred candidates have advised if successful they may be able to commence
October/November 2021. The A/CEO has confirmed he would be available to remain in Kent
to assist with a handover if required.
COMMENT
The selection process for the substantive CEO has been undertaken in accordance with
principles of merit and equity and also in accordance with the appropriate statutes. Should
the recommendation be supported, the Shire President and the appointed Recruitment
Consultant, will be authorised to present a Contract of Employment to the preferred
candidate and have that contract executed. An exact commencement date can then be
inserted into the Contract.
STATUTORY IMPLICATIONS
Local Government Act 1995, Sections 5.36, 5.39, 5.40 and 5.41
5.36. Local government employees
(1) A local government is to employ;
(a) a person to be the CEO of the local government; and
(2) A person is not to be employed in the position of CEO unless the council;
(a) believes that the person is suitably qualified for the position; and
(b) is satisfied* with the provisions of the proposed employment contract.
* Absolute majority required.
5.39. Contracts for CEO and senior employees
(1) Subject to subsection (1a), the employment of a person who is a CEO or a
Senior employee is to be governed by a written contract in accordance with this
section.
(2) A contract under this section;
(a) in the case of an acting or temporary position, cannot be for a term
exceeding one year;
(b) in every other case, cannot be for a term exceeding 5 years.
(3) A contract under this section is of no effect unless;
(a) the expiry date is specified in the contract; and
(b) there are specified in the contract performance criteria for the purpose
of reviewing the person’s performance; and
(c) any other matter that has been prescribed as a matter to be included
in the contract has been included.
(4) A contract under this section is to be renewable and subject to subsection (5),
may be varied.
(5) A provision in, or condition of, an agreement or arrangement has no effect if
it purports to affect the application of any provision of this section.
(6) Nothing in subsection (2) or (3)(a) prevents a contract for a period that is
within the limits set out in subsection 2(a) or (b) from being terminated within
that period on the happening of an event specified in the contract.
(7) A CEO is to be paid or provided with such remuneration as is determined by
the Salaries and Allowances Tribunal under the Salaries and Allowances Act
1975 section 7A.
(8) A local government is to ensure that subsection (7) is complied with in
entering into, or renewing, a contract of employment with a CEO.
5.40. Principles affecting employment by local governments
The following principles apply to a local government in respect of its employees —
(a) employees are to be selected and promoted in accordance with the principles
of merit and equity; and
(b) no power with regard to matters affecting employees is to be exercised on the
basis of nepotism or patronage; and
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15 September 2021 – Ordinary Meeting of Council
(c) employees are to be treated fairly and consistently; and
(d) there is to be no unlawful discrimination against employees or persons
Seeking employment by a local government on a ground referred to in the
Equal Opportunity Act 1984 or on any other ground; and
(e) employees are to be provided with safe and healthy working conditions in
accordance with the Occupational Safety and Health Act 1984; and
(f) such other principles, not inconsistent with this Division, as may be
prescribed.
5.41. Functions of CEO
The CEO’s functions are to —
(a) advise the council in relation to the functions of a local government under this Act
and other written laws; and
(b) ensure that advice and information is available to the council so that informed
decisions can be made; and
(c) cause council decisions to be implemented; and
(d) manage the day to day operations of the local government; and
(e) liaise with the mayor or president on the local government’s affairs and the
performance of the local government’s functions; and
(f) speak on behalf of the local government if the mayor or president agrees; and
(g) be responsible for the employment, management supervision, direction and
dismissal of other employees (subject to section 5.37(2) in relation to senior
employees); and
(h) ensure that records and documents of the local government are properly kept for
the purposes of this Act and any other written law; and
(i) perform any other function specified or delegated by the local government or
imposed under this Act or any other written law as a function to be performed by
the CEO.
POLICY IMPLICATIONS
Policy 2.1.1 Staff Recruitment
FINANCIAL IMPLICATIONS
Budget
There are no financial implications if the officer’s recommendation is adopted.
If it is not adopted the financial implications could be the cost to re-start the recruitment
process which would involve consultant, advertising, administration and employee costs.
Long Term
The cost to attract a suitable candidate may impact the total reward package required to be
offered for a suitable CEO.
SUSTAINABILITY IMPLICATIONS
If the Officer’s recommendation is not supported there may be a risk to the strategic
sustainability of the Shire of Kent.
CONSULTATION
Throughout the CEO recruitment process consultation has occurred with the Department Local
Government, Sport and Cultural Industries and WALGA to ensure compliance with Schedule 2
— Model standards for CEO recruitment, performance and termination of the Local
Government (Administration) Regulations 1996.
The CEO Selection Committee has also sought advice and administrative support from the
Council appointed Human Resources Consultant
STRATEGIC IMPLICATIONS
Shire of Kent Strategic Community Plan 2017 – 2027
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15 September 2021 – Ordinary Meeting of Council
Civic Leadership Objective - Continually enhance the Shire’s organisational capacity to
service the needs of our community
The appointment of a permanent CEO is crucial to the above Strategic goal.
RISK IMPLICATIONS
The risk to the organisation if the officer’s recommendation is not adopted is High.
Failure to appoint a CEO could lead to the Shire being in breach of the Local Government Act
1995 Section 5.36.
Furthermore, this may expose the Shire of Kent to reputational risk and lead to the recruitment
process needing to cease and re-start. This may inhibit the Shire of Kent’s ability to attract a
suitable pool of candidates and delay the successful appointment of a substantive CEO.
RECOMMENDATION 1
That pursuant to Regulation 9(2) of the Local Government (Administration) Regulations
1996 the summary of the CEO Selection Committee’s assessment of each CEO applicant
be received.
VOTING REQUIREMENT
Simple majority
RECOMMENDATION 2
That:
(a) The making of an offer to the candidate named in Confidential Attachment 1 for
the position of CEO at the Shire of Kent as the candidate the Council believes to
be the person most suitably qualified for the position; and
(b) The proposed terms of the CEO employment contract detailed in Confidential
Attachment 2, being for a period of three (3) years inclusive of a Total Reward
Package valued at $193,000.00 per annum calculated in accordance with the
2021 Salaries and Allowances Tribunal Local Government Determination Band 4
range be approved.
VOTING REQUIREMENT
Absolute majority
RECOMMENDATION 3
That:
a) The President and Acting CEO be authorised to execute the CEO employment
contract and apply the common seal in accordance with section 9.49A(1)(a) of
the Local Government Act 1995, subject to the candidate agreeing to enter into
the proposed terms of the CEO employment contract without amendment; and
b) Subject to the candidate named in Confidential Attachment 1 accepting the
proposed terms of the CEO employment contract the candidate is appointed to
the position of CEO at the Shire of Kent; and
c) The President and the independent Recruitment Consultant be authorised to
present the contract to the candidate and, if the candidate negotiates under
clause 12 of Schedule 2 of the Local Government (Administration) Regulations 1996
terms different to the proposed terms, the amended proposed contract will be
provided to the Council for approval before the contract is executed.
VOTING REQUIREMENT
Simple majority
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15 September 2021 – Ordinary Meeting of Council
OCM2122/044 - COUNCIL RESOLUTION - Recommendation 1
MOVED Cr TD Borgward / Cr RA Jury
That pursuant to Regulation 9(2) of the Local Government (Administration) Regulations 1996
the summary of the CEO Selection Committee’s assessment of each CEO applicant be
received.
CARRIED 5/0
Simple majority
OCM2122/045 - COUNCIL RESOLUTION - Recommendation 2
MOVED Cr TD Borgward / Cr RA Jury
That:
(a) The making of an offer to the candidate named in Confidential Attachment 1 for
the position of CEO at the Shire of Kent as the candidate the Council believes to be
the person most suitably qualified for the position; and
(b) The proposed terms of the CEO employment contract detailed in Confidential
Attachment 2, being for a period of three (3) years inclusive of a Total Reward
Package valued at $193,000.00 per annum calculated in accordance with the 2021
Salaries and Allowances Tribunal Local Government Determination Band 4 range
be approved.
CARRIED 5/0
Absolute majority
OCM2122/046 - COUNCIL RESOLUTION - Recommendation 3
MOVED Cr TD Borgward / Cr BC Bamess
That:
a) The President and Acting CEO be authorised to execute the CEO employment
contract and apply the common seal in accordance with section 9.49A(1)(a) of
the Local Government Act 1995, subject to the candidate agreeing to enter into the
proposed terms of the CEO employment contract without amendment; and
b) Subject to the candidate named in Confidential Attachment 1 accepting the
proposed terms of the CEO employment contract the candidate is appointed to the
position of CEO at the Shire of Kent; and
c) The President and the independent Recruitment Consultant be authorised to
present the contract to the candidate and, if the candidate negotiates under
clause 12 of Schedule 2 of the Local Government (Administration) Regulations 1996
terms different to the proposed terms, the amended proposed contract will be
provided to the Council for approval before the contract is executed.
CARRIED 5/0
Simple majority
OCM2122/047 - COUNCIL RESOLUTION
MOVED Cr RA Jury / Cr BC Bamess
That Council re-open the meeting to the general public
CARRIED 5/0
By Simple Majority