Extraordinary Council Meeting 16 July 2019

Minutes of Extraordinary Council Meeting held on 16 July 2019

Meeting commenced at 6:30pm

Present:
Darcy Byrne Victor Macri Marghanita Da Cruz Mark Drury Lucille McKenna OAM Colin Hesse Sam Iskandar Tom Kiat Pauline Lockie Rochelle Porteous Vittoria Raciti John Stamolis Louise Steer Anna York Melodie Whiting	Mayor Deputy Mayor Councillor Councillor Councillor Councillor Councillor Councillor Councillor Councillor Councillor Councillor Councillor Councillor Group Manager Human Resources
Marcia Doheny	General Counsel

APOLOGIES:    

THAT Apologies from Councillor Passas be accepted.

Motion Carried

For Motion:                 Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Porteous, Raciti, Stamolis, Steer and York

Against Motion:          Nil

DISCLOSURES OF INTERESTS:         

Councillor Raciti declared a non-significant, non-pecuniary conflict of interest in Item 1 – Notice of Motion: Matters Concerning the General Manager as a relative is employed by the law firm who provided legal advice.

Motion: (Byrne/Lockie)

THAT the Disclosure of Interest be received and noted.

Motion Carried

For Motion:                 Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Porteous, Raciti, Stamolis, Steer and York

Against Motion:          Nil

Confidential Session

Motion: (Byrne/Da Cruz)

THAT Council enter into confidential session to consider the recently published SA Ombudsman reports regarding the CEO as well as advice (including independent legal advice) Council has received regarding same.

Motion Carried

For Motion:               Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Porteous, Raciti, Stamolis, Steer and York

Against Motion: Nil

That in accordance with Section 10A(2) d(i) of the Local Government Act 1993, the following matters be considered in Closed Session of Council for the reasons provided:

C0719(1) Item 1  Notice of Motion: Matters Concerning the General Manager      (Section 10A(2)(a) personnel matters concerning particular individuals (other than councillors)  of the Local Government Act 1993). 

ADJOURNMENT

6.33pm – The Mayor, Clr Bryne adjourned the meeting to allow time to read the summary legal advice.

6:40pm – The Mayor, Clr Bryne resumed the meeting.

Reports with Confidential Information

C0719(1) Item 1            Notice of Motion: Matters Concerning the General Manager

Motion: (Byrne/Macri)

THAT Council direct the General Counsel to procure a further independent review or advice from a senior counsel about the matter.

Motion Carried

For Motion:                 Crs Byrne, Drury, Iskandar, Lockie, Macri, McKenna OAM, Raciti, Stamolis and York

Against Motion:           Crs Da Cruz, Hesse, Kiat, Porteous and Steer

Foreshadowed Motion: (Kiat/Hesse)

THAT Council:

1. Confirm its support for and confidence in Mr Deegan as CEO of Council;

2. Note that the CEO has, since commencing at Council proactively published his diary and expenses on Councils’ website; and

3. Request a report be brought to Council with respect to staff/councillor expenses policies, including recommendations for improvement, if any, for consideration.

The Foreshadowed Motion lapsed.

The Extraordinary Meeting was adjourned at 8.15pm until Tuesday 23 July 2019 at the conclusion of the Ordinary Council meeting.

The meeting was resumed on 23 July 2019 at 8.18pm

Present:
Darcy Byrne Victor Macri Marghanita Da Cruz Mark Drury Lucille McKenna OAM Colin Hesse Sam Iskandar Tom Kiat Pauline Lockie Julie Passas Rochelle Porteous Vittoria Raciti John Stamolis Louise Steer Anna York Melodie Whiting	Mayor Deputy Mayor Councillor Councillor Councillor Councillor Councillor Councillor Councillor Councillor Councillor Councillor Councillor Councillor Councillor Group Manager Human Resources
Marcia Doheny	General Counsel

APOLOGIES:     Nil

Reports with Confidential Information

C0719(1) Item 1            Notice of Motion: Matters Concerning the General Manager

Motion: (Byrne/Hesse)

THAT Council note the advice and that the matter is closed.

Motion Carried

For Motion:                 Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Passas, Porteous, Raciti, Stamolis, Steer and York

Against Motion:          Nil

Meeting closed at 8:33pm

The Minutes of the Extraordinary Meeting of Council held on the 16^th day of July, 2019 were confirmed as a correct record on this 24^th day of September, 2019.

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CHAIRPERSON