Council Meeting Minutes - Home - City of Burnside · Feathers Hotel on 23 June 2017. Councillor Lemon attended a discussion of the Draft Streetscape Policy for heritage areas in Burnside

Council Minutes 27June 2017

Council Meeting Minutes

27 June 2017 at 7.01 pm Council Chamber

401 Greenhill Road, Tusmore

Members Present: Mayor David Parkin Councillors Wilkins, Lemon, Bills, Bagster, Monceaux, Osterstock, Ford, Cornish, Lord (until, Davey, Piggott, Davis.

Staff Present: Paul Deb, Chief Executive Officer

The Mayor read the opening prayer.

The Mayor acknowledged those who gave their life for this Country and also acknowledged the Traditional Owners.

Evacuation Procedure

The Mayor read the evacuation procedure.

Recording of Council Meetings

The Mayor advised that the Council Meeting is recorded.

Apologies

Nil

Leave of Absence

Nil

Confirmation of Minutes

Recommendation

C11253 That the Minutes of the meeting of Council held on 13 June 2017 be taken as read and confirmed.

Moved Councillor Lemon, Seconded Councillor Osterstock CARRIED

[These minutes are unconfirmed until 11/07/2017]

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Mayor’s Report C11254 That the Mayor’s report be received.

Moved Councillor Osterstock, Seconded Councillor Cornish CARRIED Reports of Members, Delegates and Working Parties Councillor Wilkins attended the Inner Metropolitan DPA Roadshow at Norwood Town Hall on 15 June 2017; attended a Board meeting of Burnside Retirement Services Incorporated on 19 June 2017; attended an Eastwood Community Centre Management Meeting on 21 June 2017; attended a discussion of the Draft Streetscape Policy for heritage areas in Burnside on 22 June 2017 and attended a dinner of the Burnside Group of Rotary Club of Adelaide at the Feathers Hotel on 23 June 2017. Councillor Lemon attended a discussion of the Draft Streetscape Policy for heritage areas in Burnside on 22 June 2017 and attended a meeting of the Chief Executive Officer Recruitment, Performance Appraisal & Remuneration Review Committee on 23 June 2017. Councillor Bagster met with Mr Barry Cant on 20 June 2017 to view the CEOs Employment agreement in an effort to determine the parts of his agreement he has recently breached in order to facilitate his dismissal and on 23 June 2017 met with the Hon. John Darley MLC at SA Parliament House in an effort to facilitate the SA Ombudsman to revisit the Burnside Council's activities. Councillor Osterstock attended a Board meeting of Burnside Retirement Services Incorporated on 19 June 2017. Councillor Ford attended the District Court on 23 June 2017 to observe the ongoing legal conflict between the lawyers for the Mutual Liabilities Scheme, who are representing the City of Burnside, regarding a matter involving former Mayor, Jim Jacobsen. Councillor Davey attended the Eastern Region Alliance Mayors meeting in Campbelltown as a guest of Mayor David Parkin on 14 June 2017; met with staff regarding Signage in Hazelwood Park and the proposed Streetscape Guide on 16 June 2017 and attended the presentation of Awards by the Mayor to the winners of the Burnside Council Photography Awards on 24 June 2017. Councillor Piggott attended an Eastern Waste Management Authority Audit and Risk Management Committee meeting on 27 June 2017. Deputations Mike Dare – Driveway Entry, Heatherbank Terrace, Stonyfell Stephanie Roach – Driveway Entry, Heatherbank Terrace, Stonyfell Natalie Edwards – Driveway Entry, Heatherbank Terrace, Stonyfell Duncan Lock – Tree Islands and Tree Replacement on Glynburn Road, Kensington Park Alan Wells – Kensington Gardens Reserve

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Reports of Officers Heatherbank Terrace, Stonyfell – Response to Driveway Entry Petition Report and Independent Submissions (Operational) (14.11) Motion:

1. That the Report be received.

2. The Heatherbank Terrace chicane be removed and the original road surface and pattern (prior to the chicane) be restored by 24 July 2017.

3. That in accordance with paragraph 31 of the report, increased signage be installed to remind drivers of the 50 kph speed limit. These new signs be installed by 24 July 2017.

4. That a new report be presented to Council by 27 September 2017 (three months) to provide Council with options for less stringent traffic calming measures (that the extant chicane) and a recommended protocol for wide consultation and agreement to the options by the broader Stonyfell community.

Moved Councillor Bagster, Seconded Councillor Bills

Amendment:



3. That in accordance with paragraph 31 of the report, increased signage, including stop signs, be installed to remind drivers of the 50 kph speed limit. These new signs be installed by the 24 July 2017.

4. That a new report be presented to Council by 27 September 2017 (three months) to provide Council with options for less stringent traffic calming measures (that the extant chicane) and a recommended protocol for wide consultation and agreement to the options by the broader Stonyfell community.

Moved Councillor Ford Due to a lack of seconded the motion LAPSED Motion:

C11255



3. That in accordance with paragraph 31 of the report, increased signage be installed to remind drivers of the 50 kph speed limit. These new signs be installed by 24 July 2017.

4. That a new report be presented to Council by 27 September 2017 (three months) to provide Council with options for less stringent traffic calming measures (that the extant

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chicane) and a recommended protocol for wide consultation and agreement to the options by the broader Stonyfell community.

Moved Councillor Bagster, Seconded Councillor Bills CARRIED

A Division was called by Councillor Bagster. IN FAVOUR Councillor Monceaux Councillor Bagster Councillor Bills Councillor Wilkins Councillor Davis Councillor Davey Councillor Lord Councillor Cornish Councillor Ford

AGAINST Councillor Osterstock Councillor Lemon Councillor Piggott

The Division resulted in the Motion being CARRIED Kensington Gardens Reserve Draft Master Plan (Strategic) (14.7) Motion:


2. That Council endorse the Master Plan for the redevelopment of Kensington Gardens Reserve for the purposes of developing a business case and detailed design.

3. That Council note that the positioning and allocation of all sports playing areas and clubroom facilities shown in the Master Plan are indicative only and do not depict a final configuration or distribution of spaces.

4. That future design works for the Master Plan, including configurations of facilities and sports playing areas be undertaken in consultation with the Kensington gardens Reserve Sporting Clubs and the local community.

5. That the Chief Executive Officer advise the Kensington Gardens Reserve Sporting Clubs that the City of Burnside is willing to negotiate long term leases subject to the requirements of sections 50 and 202 of the Local Government Act 1999.

6. That a report be presented to Council in respect to the detailed design and business case for the wetlands (Phase 1 & Phase 2) including detailed work in regard to the appropriate position of the wetlands by 31 December 2017.

7. That all work as part of part 6 of the resolution include consultation with the Kensington Gardens Reserve Sporting Clubs.

Moved Councillor Piggott, Seconded Councillor Davis

Amendment:


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2. That Council endorse the Master Plan for the redevelopment of Kensington Gardens Reserve for the purposes of developing a business case and detailed design, including maintenance of a biodiversity site in the proposed picnic zone in the south west corner of the reserve.






Moved Councillor Davey, Seconded Councillor Lord LOST

Councillor Bagster left the Chamber at 8.54 pm and resumed his seat at 8.57 pm.

Amendment:


2. That Council endorse the Master Plan for the redevelopment of Kensington Gardens Reserve for the purposes of developing a business case and detailed design, including maintenance of a biodiversity site in the proposed picnic zone, yet not limited to the south west corner of the reserve.






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Moved Councillor Osterstock, Seconded Councillor Lemon CARRIED

The amended motion became the motion and was LOST

A Division was called by Councillor Cornish. IN FAVOUR Councillor Osterstock Councillor Lemon Councillor Davis Councillor Piggott Councillor Cornish

AGAINST Councillor Monceaux Councillor Bagster Councillor Bills Councillor Wilkins Councillor Davey Councillor Lord Councilor Ford

The Division resulted in the Motion being LOST Motion:

C11256


2. That the Kensington Gardens Master Plan be removed from the CEO’s performance indicators for 2016/17.

3. That a workshop be convened for Elected Members relative to progressing a draft Master Plan for Kensington Gardens.

Moved Councillor Cornish, Seconded Councillor Lemon CARRIED UNANIMOUSLY Adjournment of Meeting C11257 That the Council Meeting be adjourned at 9.00 pm for a refreshment break of

10 minutes before recommencing at 9.10 pm.

Moved Councillor Davis, Seconded Councillor Davey CARRIED Cr Lord left the meeting during the break at 9.00 pm and was not present in the Chamber for the remainder of the meeting. Resumption C11258 That the meeting be resumed at 9.12 pm. Moved Councillor Bagster, Seconded Councillor Lemon CARRIED Petitions

Nil

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Questions on Notice

10.1 Confidential Information, Workplace Health and Safety and Conflict of Interest Councillor Osterstock asked the following questions on notice: 1. What are the obligations (legal or otherwise) on Elected Members when it

comes to managing confidential Council information and what are the legal consequences for Elected Members who choose to disclose confidential Council information to external third parties?

There are a number of express obligations and legal consequences should Elected Members choose to disclose confidential Council information to external third parties:

Release of Information Subject To Confidential Orders Section 62(4a) of the Local Government Act 1999 (Act) provides: “A member or former member of a council must not disclose information or a document in relation to which there is an order of a council or council committee in effect under section 90 requiring the information or document to be treated confidentially. Maximum penalty: $10 000 or 2 years imprisonment.” Section 62(4b) provides: “Nothing in subsection (4a) prohibits the disclosure of information or a document that is required or authorised by law.” The consequences are set out in sections 62(5) – (6): Council Member Code of Conduct Part 3 of the Council Member Code of Conduct (Code) outlines the duties of Elected Members in the Part 3 - Misconduct provisions. Clause 3.3 provides that Elected Members must: “Not release or divulge information that the Council has ordered be kept confidential or that the Council member should reasonably know is information that is confidential, including information that is considered by Council in confidence” Part 3 of the Code also provides:

“Failure by a Council member to comply with this Part constitutes misconduct. The provisions within this Part may refer to statutory matters under the Local Government Act 1999. Any breach of these provisions will be investigated under that legislation. Any person may report an alleged breach of this Part to the Council, the Ombudsman, the Electoral Commissioner (for alleged breaches of Code 3.8) or the Office for Public Integrity. Alleged breaches of this Part made to a Council or to the Office for Public Integrity may be referred to the Ombudsman for investigation under Section 263 of the Local Government Act

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1999, by the Council’s Chief Executive Officer or by the Independent Commissioner Against Corruption, where he or she so determines.

A report from the Ombudsman that finds a Council member has breached this Part (Misconduct) of the Code of Conduct must be provided to a public meeting of the Council. The Council must pass resolutions that give effect to any recommendations received from the Ombudsman, within two ordinary meetings of the Council following the receipt of these recommendations. An investigation under Part 3 of this Code does not preclude an investigation being launched as a potential breach of the criminal matters listed in the Appendix to this document.” There are also other related consequences that may arise should Elected Members choose to disclose confidential Council information to third parties:

Improper Use of Information It is open for the unauthorised disclosure of confidential Council information to third parties to amount to an offence under Section 62(3) of the Act. An Elected Member must not, whether within or outside the State, make improper use of information acquired by virtue of their position as a member of the Council to gain, directly or indirectly, an advantage for themselves or for another person or to cause detriment to the Council. The maximum penalty for such offence is $10 000 or imprisonment for two years. Improper Use of Position It is open for the unauthorised disclosure of confidential Council information to third parties to amount to an offence under Section 62(4) of the Act. A member of a Council must not, whether within or outside the State, make improper use of their position as a member of the Council to gain, directly or indirectly, an advantage for themselves or for another person or to cause detriment to the Council. The maximum penalty for such an offence is $10 000 or imprisonment for two years.

Corruption and Abuse of Public Office Acting in their capacity as a public officer, an Elected Member shall not engage in conduct, whether within or outside the State, that constitutes corruption in public administration as defined by Section 5 of the Independent Commissioner Against Corruption Act 2012, including an offence against Part 7 Division 4 (Offences relating to public officers) of the Criminal Law Consolidation Act 1935 (CLCA) such as an abuse of public office under section 251 of the CLCA. This will occur when a public officer uses information that the public officer has gained by virtue of that public office with the intention of securing a benefit for themselves or another person or to cause injury or detriment to another person. The maximum penalty for a basic offence is 7 years imprisonment and 10 years imprisonment for an aggravated offence.

There may also be additional civil consequences relating to legal actions brought by third parties suffering damage and/or loss resulting from the actions of an Elected Member in disclosing confidential Council information.

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2. Workplace bullying and harassment is a risk to health and safety. It can occur wherever people work together in all types of workplaces. It is best dealt with by taking steps to prevent it from occurring and responding quickly if it does occur. The longer the bullying behaviour continues, the more difficult it is to address and the harder it becomes to repair working relationships (Source: Safe Work SA).

2.1 What are the Chief Executive Officers responsibilities and obligations

(legal or otherwise) to protect employees work, health and safety?

The Chief Executive Officer, along with the General Manager, Corporate Services and General Manager, Urban Services, would all be considered “officers” under the Work Health and Safety Act 2012 (WHS Act). Section 27 of the WHS Act establishes a duty for officers. Essentially, an officer of the person conducting the business or undertaking (PCBU), which in this case is the Council, must exercise due diligence to ensure that the PCBU complies with that duty or obligation. Section 27(5) sets out the reasonable steps required of an officer in order for them to demonstrate due diligence, these include:

a) to acquire and keep up to date knowledge of work health and safety

matters; and b) to gain an understanding of the nature of the operations of the

business or undertaking of the person conducting the business or undertaking and generally of the hazards and risks associated with those operations; and

c) to ensure that the person conducting the business or undertaking has available for use, and uses, appropriate resources and processes to eliminate or minimise risks to health and safety from work carried out as part of the conduct of the business or undertaking; and

d) to ensure that the person conducting the business or undertaking has appropriate processes for receiving and considering information regarding incidents, hazards and risks and responding in a timely way to that information; and

e) to ensure that the person conducting the business or undertaking has, and implements, processes for complying with any duty or obligation of the person conducting the business or undertaking under the WHS Act; and

f) to verify the provision and use of the resources and processes referred to in paragraphs (c) to (e).

2.2 As a governing body what are the responsibilities and obligations of

Council (legal or otherwise) to protect employees and Elected Members work, health and safety?

The Council as a governing body would be considered to be a person conducting a business or undertaking (PCBU) under the WHS Act. Elected Members are specifically excluded from the definition of “officer” under the WHS Act.

The advice of the Local Government Association Workers Compensation Scheme to Administration is that Elected Members of the Council would be considered to be “workers” under the WHS Act. This means that they

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are subject to the same protections as any other worker under Section 19 and similarly the same duties as any other worker under Section 28.

The protections for works are outlined in Section 19 of the WHS Act.

Section 28 of the WHS Act outlines the responsibilities of a worker whilst in the workplace.

3. What is a material conflict of interest pursuant to Section 73 of the Local

Government Act, 1999?

Section 73(1) relevantly provides that – “a member of a council has a material conflict of interest in a matter to be discussed at a meeting of the council if any of the following persons would gain a benefit, or suffer a loss, (whether directly or indirectly and whether of a personal or pecuniary nature) depending on the outcome of the consideration of the matter at the meeting:

(a) the member; (b) a relative of the member; (c) a body corporate of which the member is a director or a member of the

governing body; (d) a proprietary company in which the member is a shareholder; (e) a beneficiary under a trust or an object of a discretionary trust of which the

member is a trustee; (f) a partner of the member; (g) the employer or an employee of the member; (h) a person from whom the member has received or might reasonably be

expected to receive a fee, commission or other reward for providing professional or other services;

(i) a person of a prescribed class. Section 73(2) provides that a member will not be taken to have a material conflict of interest if the relevant benefit or loss would be enjoyed or suffered in common with all or a substantial proportion of ratepayers, electors or residents or if the interest is that of a relative of the member (other than their spouse or domestic partier) and the member does not know, and could not reasonably be expected to know, of the interest.

Section 73(3) provides if the matter directly concerns an agency or instrumentality of the crown of which the member is an officer or employee then the member will not have a material conflict of interest unless the matter directly concerns that agency or instrumentality.

3.1 Pursuant to Section 74 of the Local Government Act 1999, how must an

Elected Member deal with a material Conflict of Interest?

Under section 74(1) of the Act if a member has a material conflict of interest in a matter to be discussed at a meeting of the council, the member must:

• inform the meeting of the material conflict of interest in the matter;

and

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• immediately leave the meeting room when the matter is discussed (including any area set aside for the public), so they cannot view or hear any discussion or voting and stay out of the meeting room whilst the matter is being discussed and voted on.

Under section 74(3) of the Act, in certain circumstances a member with a material conflict of interest can secure a written approval from the Minister for Local Government to remain in the chamber and to possibly take part in the meeting. Further, under section 74(6) of the Act, if the matter before the Council is a prescribed form of “ordinary business”, then the member is not required to act on the material conflict of interest pursuant to the procedure under section 74. An example of a form of “ordinary business” includes the consideration of items to be purchased for all members.

4. What is an actual or perceived conflict of interest pursuant to Section 75 of the

Local Government Act, 1999?

As with the material conflict of interest provision, an actual or perceived conflict of interest is also trigged at the time that a matter is to be discussed at a meeting of the Council. A member may not have an “actual” conflict of interest in a matter to be discussed at a meeting of the council, but an impartial reasonable person might believe that they do in fact have such a conflict. In those circumstances, the member will be said to have a perceived conflict of interest, regardless as to the true nature of the situation.

It is not relevant whether the member is of the opinion that they would not actually be influenced in their decision, the important question is whether the impartial reasonable person could form the opinion that in the given set of circumstances, the member could be influenced by the nature of their possible or perceived interest.

4.1 Pursuant to Section 75A of the Local Government Act, 1999, how must an

Elected Member deal with an actual or perceived Conflict of Interest?

If a member has an actual or a perceived conflict of interest, section 75A (1) requires that the member deal with the interest in a “transparent and accountable way”. At the very least, the member must inform the meeting of their interest in the matter, and, if the member proposes to participate in the meeting in relation to the matter, how the member intends to deal with the actual or perceived conflict of interest under section 75A (2). This does not necessarily mean that the member must not participate in the meeting. If quorum would be lost if the member excluded themselves from the meeting, by virtue of their actual or perceived conflict of interest, the member will not be taken to have contravened the provision by participating in the meeting (including voting).

Further, under section 75A(6) of the Act, if the matter before the Council is a prescribed form of “ordinary business”, then the member is not required to act on the actual or perceived conflict pursuant to the procedure under section 75A. An example of a form of “ordinary business” is the consideration of items to be purchased for all members.

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As a result, a member will need to be “live” to the fact that even though they may not have a material conflict of interest in a matter to be discussed, they may still have an actual or perceived conflict in relation to that matter and they will need to deal with the interest accordingly.

10.2 Code of Conduct Complaints Councillor Cornish asked the following questions on notice: 1. The number and estimated total cost of Code of Conduct Complaints made

under the Council Member Code of Conduct over each financial year for this term of the Council?

Note: These figures only relate to complaints regarding current Elected Members.

2. The number and estimated total cost of preliminary assessments undertaken into Code of Conduct Complaints made under the Council Member Code of Conduct over each financial year for this term of the Council?

Financial Year No. of Preliminary Assessments

Estimated Cost

2014/2015 0 0 2015/2016 2 7,269.90 2016/2017 7 41,932.45

TOTAL 9 49,202.35 Note: These figures only relate to complaints regarding current Elected Members.

3. The number and estimated total cost of final investigations undertaken into

Code of Conduct Complaints made under the Council Member Code of Conduct over each financial year for this term of the Council?

Financial Year No. of Final Investigations

Estimated Cost

2014/2015 0 0 2015/2016 1 3,066.3 2016/2017 1 26,768.50

TOTAL 2 29,834.80 Note: These figures only relate to complaints regarding current Elected Members.

Financial Year No. of Complaints Estimated Cost 2014/2015 0 0 2015/2016 4 33,857.50 2016/2017 5 45,179.65

TOTAL 9 79,037.15

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10.3 Code of Practice Councillor Ford asked the following questions on notice:

1. Why has the Code of Practice which was last revised in 2015 and scheduled for

revision in July 2016 not been reviewed?

The current version of the “Code of Practice – Meetings and Documents – Access and Procedures”, which has been disseminated to the public and made available online, was last reviewed on 12 April 2016 (C10602). It was scheduled for review as part of the routine cycle in April 2017. This process is currently underway and will be presented to Council for consideration and to undergo community consultation.

There is no legislative requirement to review it annually, only within 12 months after the conclusion of each periodic election in accordance with section 92(2) of the Local Government Act 1999.

2. Why does the Administration not audio-record sessions of Council held in

camera, when the Code of Practice indicates it may be done?

Clause 7.4.7.3 of the Code of Practice provides that: “Meeting Members and the public are permitted to make audio recordings of Council meetings except whether the meeting has resolved that the matter be dealt with In Camera, in which case only the minute taker may record that part of the meeting”. The use of the term “may” denotes that it is up to the discretion of the Administration whether an In Camera session is audio recorded. The Council saw fit to include such discretion to enable the Administration to ensure that the Council’s business in relation to confidential items is recorded accurately in the minutes. If the Administration formed the view that consistently there were difficulties experienced in accurately capturing in the minutes of the Council’s business on confidential items, then it would be open to the Administration to exercise its discretion to record that part of the meeting. This has not been the case to date.

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Motions on Notice

Report to Release all Confidential Code of Conduct Reports (Operational) – Councillor Peter Cornish (11.1) Motion C11259 1. That the Administration prepare a report detailing the mechanisms to release all

confidential minutes, reports and attachments relating to finalised Codes of Conduct (COC) during this term of Council which include:

1.1 Elected Member vs. Elected Member COC;

1.2 External parties vs. Elected Member COC;

1.3 All staff (including CEO) vs. Elected Member COC;

1.4 External parties vs. CEO COC; and

1.5 Elected Member vs. CEO COC.

2. That in the current review being undertaken by the Administration of the Council Member and CEO Code of Conduct Compliant Handling Procedure it is noted and taken into consideration that Council’s preference regarding release of information is that associated minutes, report and attachments are released once a compliant has been finalised.

Moved Councillor Cornish, Seconded Councillor Bagster CARRIED UNANIMOUSLY

Workshop regarding Footpath Policy (Operational) – Councillor Graham Bills (11.2)

Motion That Council Administration organise a workshop to be held at the earliest opportunity to discuss the current Policy relative to footpaths within the City of Burnside. It is noted that at this point in time no residents have been consulted for the 2017/18 program and until this workshop is finalised, no public notification is to be given.

Moved Councillor Bills, Seconded Councillor Bagster Pursuant to Regulation 18 (1) of the Local Government (Procedures at Meetings) Regulations 2013 Councillor Osterstock requested information regarding the timing of construction of footpaths in July and August 2017. The Chief Executive Officer was unable to provide this information. Formal motion

C11260

That the matter be deferred until the next meeting.

Moved Councillor Piggott, Seconded Councillor Osterstock CARRIED

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Questions without Notice Formal Motion

C11261

That the meeting proceed to the next item of business.

Moved Councillor Osterstock, Seconded Councillor Davis CARRIED Adjournment of Meeting C11262 That the Council Meeting be adjourned for a period of ten minutes until

10.00 pm. Moved Councillor Osterstock, Seconded Councillor Lemon CARRIED Resumption C11263 That the meeting be resumed at 9.53 pm. Moved Councillor Davey, Seconded Councillor Monceaux CARRIED

Motions without Notice Nil Reports of Officers Fees and Charges Policy – Review (Strategic) (14.5) Recommendation:

C11264


2. That Council adopt the draft Fees and Charges (Non Rates) Policy and Fees and Charges (Non Rates) – Waivers, Discounts and Subsidies Policy.

Moved Councillor Cornish, Seconded Councillor Lemon CARRIED Remake of Confidentiality Order on Topics 4.4 and 4.5 – Recruitment of Chief Executive Officer (Operational) (14.3) Recommendation: Councillor Bagster left the chamber at 10.06 pm and resumed his seat at 10.08 pm.

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That the Report be received.

Moved Councillor Ford, Seconded Councillor Bagster LOST

A Division was called by Councillor Bagster. IN FAVOUR Councillor Monceaux Councillor Bagster Councillor Bills Councillor Ford

AGAINST Councillor Osterstock Councillor Lemon Councillor Wilkins Councillor Davis Councillor Piggott Councilor Davey Councillor Cornish

The Division resulted in the Motion being LOST

Recommendation:

C11265


2. That pursuant to section 91(7) and (9) of the Local Government Act 1999, the Council orders that:

2.1 the confidentiality order the subject of Resolutions (C6992, C6993, C6994, C6995, C6996) of 20 June 2007 concerning the documents accompanying the agenda (cv’s of three candidates) and names of candidates in the minutes for Item 4 “Recruitment of Chief Executive Officer” and remade by further confidentiality order the subject of Resolution (C7777) on 27 January 2010, and representing Topic 4.4 of the Confidential Items Status Table, be remade to ensure that:

2.1.1 Council does not disclose information the disclosure of which would involve the unreasonable disclosure of information concerning the personal affairs of any person (living or dead) pursuant to section 90(3)(a), being the three top candidates who applied for the role of CEO as the cvs contain significant details of the candidates’ backgrounds and the minutes contains the names of two unsuccessful candidates. Disclosure at this time would be unreasonable as it could affect their current or future employment and the information was provided to Council by the recruiter on the basis that confidentiality be maintained.

2.2 The documents referred to in clause 2.1 above be retained in confidence for ten years at which time this order will be revoked/reviewed by the Council/Chief Executive Officer and that this order be reviewed at least once every year.

2.3 the confidentiality order the subject of Resolutions (C7001, C7002) of 28 June 2007 concerning the documents accompanying the agenda (reference checks for the three top candidates) for Item 5 “Recruitment of Chief Executive Officer” and remade by further confidentiality order the subject of Resolution (C7777) on 27 January 2010, and representing Topic 4.5 of the Confidential Items Status Table, be remade to ensure that:

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2.3.1 Council does not disclose information the disclosure of which would involve the unreasonable disclosure of information concerning the personal affairs of any person (living or dead) pursuant to section 90(3)(a), being the top three candidates who applied for the role of CEO as the reference checks contain significant details of the candidates’ backgrounds including personal information on their attributes and performance history. The names and details of the referees are also included. Disclosure at this time would be unreasonable as it is personal information, could affect the current or future employment or those concerned and the information was provided to Council by the recruiter on the basis that confidentiality be maintained.

2.4 The documents referred to in clause 2.3 above be retained in confidence for ten years at which time this order will be revoked/reviewed by the Council/Chief Executive Officer and that this order be reviewed at least once every year.

Moved Councillor Osterstock, Seconded Councillor Davis CARRIED A Division was called by Councillor Bagster.

IN FAVOUR Councillor Osterstock Councillor Lemon Councillor Wilkins Councillor Davis Councillor Piggott Councillor Davey Councillor Cornish

AGAINST Councillor Monceaux Councillor Bills Councillor Bagster Councilor Ford

The Division resulted in the Motion being CARRIED Appointment of Development Assessment Panel Independent Members (Operational) (14.13) Recommendation:

C11266


2. That pursuant to section 56A(4a) of the Development Act 1993, the current Independent Members of the Development Assessment Panel (DAP) continue as appointees of the DAP until 31 December 2017 or until the date of establishment of the Council Assessment Panel (CAP) by proclamation, whichever occurs first and at which time, the DAP will dissolve and cease to exist.

3. That Council determines that the membership of the yet to be constituted CAP comprise five (5) Members, inclusive of four (4) Independent Members and one (1) Council Member.

4. That the Administration convene an Elected Member Informal Gathering Session, in July 2017, to consider the current Council resolutions and existing legal framework around DAP Member selection, in respect to gender balance.

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5. That based on the outcomes of the Elected Member Informal Gathering Session, the Administration present a report and draft General Operating Procedures for the CAP with particular attention to DAP Member selection, in respect to gender balance.

6. That the Administration advise the four candidates recommended by the Development Assessment Panel Selection Panel for appointment to the DAP, of the resolution.

7. That the Administration advise the four existing Independent Members of the DAP of the resolution.

Moved Councillor Piggott, Seconded Councillor Ford CARRIED A Division was called by Councillor Bagster.

IN FAVOUR Councillor Lemon Councillor Wilkins Councillor Davis Councillor Piggott Councillor Davey Councillor Cornish Councillor Ford

AGAINST Councillor Osterstock Councillor Monceaux Councillor Bagster Councillor Bills

The Division resulted in the Motion being CARRIED Deferral of Remaining Items on Agenda C11267 That the remaining agenda items be deferred to the Council meeting on 11 July

2017. Moved Councillor Davis, Seconded Councillor Lemon CARRIED Closure The meeting concluded at 10.24 pm. Minutes confirmed this day of 2017

Mayor / Presiding Member

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