Special Meeting of Council Minutes

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					                               Special Meeting of Council
                                        Minutes

                                2 July 2007 at 6.30 pm
                     Council Chamber, 401 Greenhill Road, Tusmore


Present

          Her Worship the Mayor, Wendy Greiner
          Councillors Carbone, Collins, Gilbert, Hillier, Jacobsen, Howard, Lincoln, Morley,
          Paterson, Pavan, Quirke and Zacharakis.


Opening Prayer

          The Mayor read the Opening Prayer.


Apologies

          Nil.


Leave of Absence

          Nil.


Confirmation of Minutes

          Councillor Gilbert moved:

C7003 That the Minutes of the Special Meetings of Council held 26 June 2007 and 28 June 2007
      be taken as read and confirmed.

          Seconded by Councillor Pavan                                                     CARRIED


Recruitment of Chief Executive Officer                          Agenda & Minutes released
                                                                with the deletion of names of
          Resolution to Move into Confidential Mode             candidates but accompanying
                                                                documents remain confidential
          Councillor Howard moved:                              for further 12 months 29/1/08

C7004 That Council, having formed the view that the principle that meetings of the Council
      should be conducted in a place open to the public is outweighed by the need to
      keep the information and/or discussion of the next item of business relating to the
      recruitment of a Chief Executive Officer confidential, hereby order pursuant to
      Section 90(2) of the Local Government Act, 1999 that:



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Special Meeting of Council Minutes                                                            2 July 2007


                  the public and all staff, with the exception of the Minute Taker and Manager
                  Governance, be excluded from the Meeting in order to consider, in confidence,
                  the next item;

                  the grounds for exclusion be recorded as:

                  (a)     information the disclosure of which would involve the unreasonable
                          disclosure of information concerning the personal affairs of any person
                          (living or dead);

           Seconded by Councillor Lincoln                                                    CARRIED


           Short Term Suspension of Meeting

           Mayor Greiner, with the agreement of at least two thirds of the Members, declared a
           short term suspension of the Meeting at 6.34 pm to allow for discussion in relation to
           the matter of the appointment of the Chief Executive Officer.


           Councillor Quirke declared an interest, but not a conflict of interest, in two of the
           CEO candidates.


           Resumption of Meeting

           The Mayor called an end to the short term suspension at 6.55 pm and the Meeting
           resumed.


           Appointment of Chief Executive Officer

           Councillor Jacobsen moved:

           That an offer of appointment be made to Frank Pearce for the position of Chief
           Executive Officer of the City of Burnside for a term of 3 years.

           Seconded by Councillor Howard                                                           LOST


           Councillor Lincoln moved:

C7005 That an offer of appointment be made to Brian Carr for the position of Chief Executive
      Officer of the City of Burnside for a term of 3 years.

           Seconded by Councillor Howard


           Mayor Greiner sought leave of the Meeting to make some comments. Leave was granted.


           The Motion was put and                                                            CARRIED




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Special Meeting of Council Minutes                                                         2 July 2007


           A Division was called by Councillor Gilbert.

          In Favour            Against
          Cr Zacharakis        Cr Morley
          Cr Carbone           Cr Hillier
          Cr Pavan             Cr Collins
          Cr Quirke            Cr Jacobsen
          Cr Howard            Cr Gilbert
          Cr Paterson
          Cr Lincoln                                                                        CARRIED


           Remuneration for New Chief Executive Officer

           Councillor Hillier moved:

C7006 That a total remuneration package of $170,000 per annum be approved as the
      remuneration for the Chief Executive Officer.

           Seconded by Councillor Jacobsen


           Councillor Zacharakis moved an Amendment:

           That a total remuneration package of $180,000 per annum be approved as the
           remuneration for the Chief Executive Officer.

           Seconded by Councillor Lincoln                                                      LOST


           Councillor Hillier’s Motion was put and                                        CARRIED


           Contract for New Chief Executive Officer

           Councillor Hillier moved:

           That Council otherwise approves the terms and conditions of employment as set out
           in the draft contract (attached) for the appointment of the new Chief Executive
           Officer subject to the following change:

                Item 3.1 be amended to read:

                ”This Contract shall commence on (insert date) and continue for a fixed term of
                three (3) years until (insert date) unless terminated earlier in accordance with
                this Contract”;

           Seconded by Councillor Pavan


           Councillor Morley moved an Amendment:

C7007 That Council otherwise approves the terms and conditions of employment as set out
      in the draft contract (attached) for the appointment of the new Chief Executive
      Officer subject to the following changes:



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Special Meeting of Council Minutes                                                          2 July 2007


                Item 3.1 be amended to read:

                “This Contract shall commence on (insert date) and continue for a fixed term of
                three (3) years until (insert date) unless terminated earlier in accordance with
                this Contract.”; and

                Item 10.3.1 be amended to read:

                “If the CEO fails to reasonably meet the performance expected pursuant to Clause
                9.1.2.2, Council may terminate this Contract by giving no less than one (1) month
                notice or by making an equivalent payment of compensation in lieu of notice.”

                Item 10.3.2 be amended to read:

                “In addition to any other right of termination, and without derogating from any
                right or remedy available under this Contract, Council may terminate this Contract
                and the CEO’s employment at any time for any reasons other than those referred to
                in Clauses 10.1, 10.2 and 10.3.2 of this Contract by paying a sum calculated on the
                total employment costs of three (3) months remuneration in lieu of service”.


           Councillor Gilbert left the Chamber at 7.40 pm and returned at 7.50 pm.


           Seconded by Councillor Collins                                                   CARRIED


           On becoming the Motion, the Amendment was put and                                CARRIED


           Offer of Appointment and Negotiation of Contract

           Councillor Hillier moved:

C7008 That the Mayor be authorised to advise the successful candidate of this offer and to
      negotiate any changes to the contract, with the exception of the term of the contract,
      the total remuneration package and terms of termination.

           Seconded by Councillor Morley                                                    CARRIED


           Motion to Retain Agenda and Minutes as Confidential

           Councillor Jacobsen moved:

           1.     That an order be made under the provisions of Section 91(7) of the Local
                  Government Act, 1999, as amended, that the Agenda for the Special Meeting of
                  Council to be held 2 July 2007 and any accompanying documents having been
                  dealt with on a confidential basis under Part 3 of Chapter 6 of the Act, should be
                  kept confidential on the grounds previously identified until such time that a
                  contract is signed.

           2.     That an order be made under the provision of Section 91(7) of the Local
                  Government Act, 1999, as amended, that the minutes relating to this item be kept
                  confidential on the grounds previously identified until such time that a contract is
                  signed.



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Special Meeting of Council Minutes                                                         2 July 2007


           Seconded by Councillor Morley                                                       LOST

           A Division was called by Councillor Jacobsen:

          In Favour            Against
          Cr Morley            Cr Zacharakis
          Cr Hillier           Cr Carbone
          Cr Jacobsen          Cr Pavan
          Cr Gilbert           Cr Quirke
                               Cr Collins
                               Cr Howard
                               Cr Paterson
                               Cr Lincoln                                                        LOST


           Councillor Zacharakis moved:

C7009 1.          That an order be made under the provisions of Section 91(7) of the Local
                  Government Act, 1999, as amended, that the Agenda for the Special Meeting of
                  Council to be held 2 July 2007 and any accompanying documents having been
                  dealt with on a confidential basis under Part 3 of Chapter 6 of the Act, should be
                  kept confidential on the grounds previously identified for a period of twelve (12)
                  months.

           2.     That an order be made under the provision of Section 91(7) of the Local
                  Government Act, 1999, as amended, that the minutes relating to this item be kept
                  confidential on the grounds previously identified until such time as a contract is
                  signed, with the exception of the unsuccessful candidate which will be kept
                  confidential for a period of twelve (12) months.

           Seconded by Councillor Pavan                                                    CARRIED


Closure

           The Meeting closed at 8.28 pm.




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