minutes 15 september 2021 table of contents item

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


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

3


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.


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

4


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:


5


OCM2122/034 - COUNCIL RESOLUTION

MOVED Cr RA Jury / Cr BC Bamess

That the Council receive the following Monthly Financial Reports as presented:


CARRIED 5/0

By Simple Majority

9.1.2 SCHEDULE OF ACCOUNTS PAID TO 31 AUGUST 2021


PROPONENT:

LOCATION:

AUTHOR:

REPORTING OFFICER:

FILE NO:

ASSESSMENT NO:

ATTACHMENTS:


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.


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.


Ongoing management of Council funds



Civic Leadership Objective - Continually enhance the Shire’s organisational capacity to service the

needs our community




RISK IMPLICATIONS

N/A

VOTING REQUIREMENT

Simple Majority

RECOMMENDATION

6


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


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


PROPONENT:

LOCATION:

AUTHOR:

REPORTING OFFICER:

FILE NO:

ASSESSMENT NO:

ATTACHMENTS:

15 September 2021

N/A

N/A

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.


Local Government Act (1995), Section 5.41

The CEO’s functions are to:-

c) Cause Council decisions to be implemented

POLICY IMPLICATIONS

Nil


Nil



7



needs our community




RISK IMPLICATIONS

N/A

VOTING REQUIREMENT

Simple Majority

RECOMMENDATION

That the Council receive the Council Resolutions Register for the month of August 2021.


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


PROPONENT:

LOCATION:

AUTHOR:

REPORTING OFFICER:

FILE NO:

ASSESSMENT NO:

ATTACHMENTS:

15 September 2021

N/A

N/A

Michelle Bamess – Deputy 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]

8


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


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 are limited to the advertising costs of a local public notice.




9


service the needs of our community.


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:



Dogs Local Law

Extractive Industries Local Law

Fencing 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.



That the Council:

1. Resolves to undertake a review of the following Shire of Kent’s local laws:



Dogs Local Law

Extractive Industries Local law

Fencing 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

10


9.1.5 SUPERANNUATION VOLUNTARY CONTRIBUTION


PROPONENT:

LOCATION:

AUTHOR:

REPORTING OFFICER:

FILE NO:

ASSESSMENT NO:

ATTACHMENTS:


15 September 2021

N/A

N/A



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.


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

11


(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.


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.




needs our community




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.


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

12


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


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


PROPONENT:

LOCATION:

AUTHOR:

REPORTING OFFICER:

FILE NO:

ASSESSMENT NO:

ATTACHMENTS:

15 September 2021

NA

NA

Michelle Bamess – Deputy 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).

13


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.


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.

14



(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.


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.



service the needs our community


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.



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

15


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


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.



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

16


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


PROPONENT:

LOCATION:

AUTHOR:

REPORTING OFFICER:

FILE NO:

ASSESSMENT NO:

ATTACHMENTS:


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


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


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

17


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


PROPONENT:

LOCATION:

AUTHOR:

REPORTING OFFICER:

FILE NO:

ASSESSMENT NO:

ATTACHMENTS:


15 September 2021

N/A

N/A



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.

18


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.


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.


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

19


(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


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


Shire of Kent Strategic Community Plan 2017 – 2027

20



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

21


OCM2122/044 - COUNCIL RESOLUTION - 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.

CARRIED 5/0

Simple majority



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



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



That Council re-open the meeting to the general public

CARRIED 5/0

By Simple Majority

22


DCEO, Works Manager and Darren Gray returned to the meeting room at 6.46pm

13. MEETING CLOSED

There being no further business the Presiding Member, Cr Scott Crosby, closed the

meeting at 6.46pm.

minutes 15 september 2021 table of contents item

Documents