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                                                        AUBURN COUNCIL

                                                            REPORTS TO THE
                           EXTRAORDINARY MEETING OF COUNCIL
                                     TO BE HELD IN THE COUNCIL CHAMBER,
                                     CIVIC PLACE, 1 SUSAN STREET, AUBURN
                                        ON WEDNESDAY, AUGUST 6, 2008
                               COMMENCING AT 9.30PM OR AT THE CONCLUSION OF THE
                                        SCHEDULED ORDINARY MEETING



                                                                   INDEX




             Receipt of Apologies

337/08 Disclosure of Interests ................................................................................................................. 2


338/08 Calling of Extraordinary Meeting ............................................................................................. 3
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                                   AUBURN COUNCIL

 August 6, 2008                                                 General Manager’s Report
 To the Extraordinary Meeting of Council

 337/08      Disclosure of Interests
C-28-07/04     JB



The provisions of Chapter 14 of the Local Government Act, 1993 regulate the way in which
Councillors and nominated staff of Council conduct themselves to ensure that there is no
conflict between their private interests and their public trust.

The Act prescribes that where a member of Council (or a Committee of Council) has a direct
or indirect financial (pecuniary) interest in a matter to be considered at a meeting of the
Council (or Committee), that interest and the reasons for declaring such interest must be
disclosed as soon as practicable after the start of the meeting.

As members are aware, the provisions of the Local Government Act restrict any member
who has declared a pecuniary interest in any matter from participating in the discussions or
voting on that matter and further require that the member vacate the Chamber.

Council’s Code of Conduct provides that if members have a non-pecuniary conflict of
interest, the nature of the conflict must be disclosed. The Code also provides for a number
of ways in which a member may manage non pecuniary conflicts of interest.


RECOMMENDATION


That where necessary any Councillor now disclose any interest and the reason for
declaring such interest in the matters under consideration by Council at this meeting.
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                                    AUBURN COUNCIL

August 6, 2008                                                                Director's Report
To the Extraordinary General Meeting of Council                          Business and Finance
                                                                                   Department

338/08     Calling of Extraordinary Meeting
               JB:CH



The meeting has been called pursuant to Section 366 of the Local Government Act, 1993 in
response to a joint request from Councillors Campbell, Curtin and Zraika by notation dated
24th July 2008 to the Mayor formally requested the calling of an Extraordinary Meeting to
consider the following:

1.   Has the request by Councillors T. Zreika at 2 July 2008, Council’s Meeting to have the
     Department of Local Government investigate the “leaking” of an Interim Confidential
     Draft Report been acted upon? If so what has been the outcome of any discussions that
     have taken place between the Department and Council Management. If so what is the
     position of the Department regarding this serious infringement of the Local Government
     Act 1993?

2.   Regardless of the above has any investigation been commenced by the General
     Manager to ascertain who “leaked” information contained to the Interim Confidential
     Draft report to the Sydney Morning Herald and the Turkish News Weekly? This is the
     second accession that a confidential report has been leaked to the press the last being
     to the Daily Telegraph. These leaks should be treated as a matter of the highest priority
     by this Council.

3.   How many copies of the Interim Confidential report were circulated and who were the
     recipients of those reports.

4.   Is the General Manager aware of the article appearing in the Auburn Review Pictorial on
     the 22 July, 2008, which states “The Review understands the report was leaked to
     Fairfax by a Senior Staff Member”. What action has been taken to determine if that
     report is true or otherwise?

5.   Leaking of confidential reports are a very serious matter that brings Council and Staff
     into disrepute. The Department of Local Government could quite justifiably question the
     integrity and creditable of this Council to maintain confidentiality. Those responsible (if
     identified) for this conduct should be dealt with under the appropriate legislation.

6.   In view of the leaking of the contents of the Interim Draft Confidential report into Auburn
     Central the Department of Local Government be approached as soon as possible and
     be requested as a matter of priority have the report completed and presented to
     Parliament as soon as practicable, so that all aspects of the inquiry can be viewed by
     Council, Councillors and staff. The final report should be placed on public exhibition.

7.   Interim draft confidential reports are just what they state they are Interim and not in a
     anyway finalised. They are given to responsible people to make comments on
     allegations that have been made about their conduct. Their comments are then taken
     into consideration before finalisation of those reports.

8.   During the Auburn Central investigation how many of the relevant files to that
     investigation went missing and have those files been recovered?

9.   Any resolutions and other relevant matters that may emanate from the above issues?
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                                    AUBURN COUNCIL

August 6, 2008                                                                 Director's Report
To the Extraordinary General Meeting of Council                           Business and Finance
                                                                                    Department

Auburn Central - Questions (Cont'd)


10. We are of the view that if the Department fails to act in relation to these “leakes” the
    matter should be referred to ICAC, and NSW Police for their investigation.


Note by General Manager

The following information is provided in relation to the issues as listed above:-

Statement 1 - Council has written to the Department in respect of the matter and has not
              received any formal response.


Statement 2 - The General Manager has not undertaken any investigation and is awaiting
              advise from the Department of Local Government. Staff are not aware of any
              reports in the Daily Telegraph.


Statement 3 - All Councillors received a copy of the Draft Report as did relevant staff.
             Council’s legal advisers and insurance legal advisers also received a copy.


Statement 4 - Discussions have been held with the Review after the publication of the
              article. The Author has informed the General Manager he will not reveal his
              source but has confirmed with others the source as a Councillor. Senior Staff
              have sought legal advice in respect of the comments.


Statement 5 - In correspondence issued with the Draft report Councillors were informed of
              the need to maintain confidentiality.         Staff were also advised of the
              confidentiality provisions consistent with the advice provided to Councillors.


Statement 6 - The Department have been requested to expedite the release of the final
              report.


Statement 8 - At least 10 series of files have been removed and they have not been
              recovered. Council have previously been advised these files have been
              removed. The loss of the files has been reported to the ICAC and Department
              of Local Government.

				
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