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 16th day of July, 2019 were confirmed as a correct record on this 24th day of September, 2019.

 

 

..............................................

CHAIRPERSON