NOTICE OF MEETING - Alexandrina Council · NOTICE OF MEETING ... Maintain a high-performing dynamic...

NOTICE OF MEETING

Notice is hereby given to His Worship the Mayor and Councillors that the Alexandrina Council Declaration Meeting

will be held in the Alexandrina Council Community Chambers “Wal Yuntu Warrin”

11 Cadell Street, Goolwa on Monday 17 November 2014 commencing at 4.00pm

Your attendance is requested.

Peter Dinning Chief Executive

13 November 2014

ALEXANDRINA COUNCIL

AGENDA FOR THE COUNCIL DECLARATION MEETING TO BE HELD ON 17 NOVEMBER 2014 AT 4:00 PM

IN THE ALEXANDRINA COUNCIL COMMUNITY CHAMBERS "WAL YUNTU WARRIN", GOOLWA

TABLE OF CONTENTS

ITEM NO. SUBJECT PAGE NO.

1. CANDIDATES ELECTED & DECLARATIONS .................................................................... 4

1.1 Alexandrina Council Election Results ........................................................................ 4

1.2 Mayor's Declaration ................................................................................................... 5

1.3 Councillors Declaration.............................................................................................. 6

2. CONFIRMATION OF MINUTES .......................................................................................... 7

2.1 Confirmation of Minutes............................................................................................. 7

3. BUSINESS ARISING ........................................................................................................... 7

4. ITEMS FOR DISCUSSION & DECISION ............................................................................ 7

4.1 Appointment of Date, Time and Place of Council Meetings ....................................... 7

4.2 Appointment of Deputy Mayor ................................................................................. 10

4.3 Completion of Primary and Ordinary Returns .......................................................... 13

4.4 Campaign Donations Return ................................................................................... 15

4.5 Elected Members Allowances ................................................................................. 16

4.6 Elected Members Allowances, Benefits Support & Facilities Policy ........................ 19

4.7 Appointment of Council Representatives to Audit Committee ................................. 22

4.8 Council Regional Subsidiaries (Under Section 43 of the Local Government Act) .......................................................................................................................... 25

4.9 Appointment of Council Representatives on Section 41 Committees ...................... 29

4.10 Appointment on Other Council Advisory Groups ..................................................... 32

4.11 Items Previously Laid on Table for Consideration ................................................... 35

4.12 Council Agenda Format & Distribution of Council Agendas ..................................... 36

4.13 Designated Staff Contacts for Elected Members ..................................................... 39

4.14 Acting Chief Executive ............................................................................................ 41

5. CLOSURE ......................................................................................................................... 43

Alexandrina Council

Alexandrina Council Page 3 of 43 Declaration Meeting Agenda Monday 17 November 2014

REPORT AND AGENDA

FOR THE ALEXANDRINA COUNCIL DECLARATION MEETING TO BE HELD ON 17 NOVEMBER 2014

IN THE ALEXANDRINA COUNCIL COMMUNITY CHAMBERS COMMENCING AT 4:00 PM

Mr Peter Dinning, Chief Executive of Alexandrina Council, will preside until the new Mayor has taken the Oath of Office (Item 1.3) PRESENT APOLOGIES IN ATTENDANCE GALLERY

LOCAL GOVERNMENT PRAYER Almighty God, we humbly beseech thee to grant thy blessing upon the works of this Council, guide us in our deliberations for the advancement and the true welfare of the people of the district. The Alexandrina Council and its communities acknowledge the Ngarrindjeri people as the traditional custodians of the lands and waters of our Council district.

CONFLICT OF INTEREST

Elected Members are reminded of the requirements for disclosure by Members of direct or indirect pecuniary benefits in items listed for consideration on the Agenda. Section 74 of the Local Government Act 1999 requires that Elected Members declare any interest and provide full and accurate details of the relevant interest to the Council prior to consideration of that item on the Agenda. Each Member of a Council has a duty to vote at all meetings unless excepted by legislation. The major exception being where a Member has a conflict of interest.

Alexandrina Council


1. CANDIDATES ELECTED & DECLARATIONS

1.1 Alexandrina Council Election Results

File Ref: 9.24.1 Officer: Victoria MacKirdy (General Manager

Organisation & Culture)

Strategic Plan: * Aspiration: Innovate throughout our Region * Outcome: Proactive Leadership and Accountability * Strategy: Maintain a high-performing dynamic

organisation responsive to community interests

* Strategic Priority: Nil

Purpose This report tables a letter from the State Electoral Commission regarding the Council Elections 2014 – Election Results. Discussion Local Government Elections are held every four (4) years to determine the membership of each Council. The elections must be held in accordance with the provisions of the Local Government (Elections) Act 1999. The nomination period opened on Tuesday 2th September 2014 and closed at 12 noon, 16th September 2014. During the nomination period, a total of 30 candidate nominations were received meaning that 3 of the 5 Wards would hold elections and an election for the position of Mayor would be contested. Voting for the Election concluded at 5pm on Friday 7th November 2014 with the scrutiny and counting of vote conducted on Saturday 8th November 2014. The conduct of the election was over seen by the Local Deputy Returning Officer, Ms Sandy Spencer. Provisional declarations were made on Saturday 8th November 2014 by the Local Deputy Returning Officer and confirmed in writing by the Electoral Commission (currently awaiting formal correspondence - will be tabled at the meeting). In accordance with the rules for the conduct of a proportional representation count as prescribed by Section 48(1) of the Local Government (Elections) Act 1999, the following candidates have been declared elected:

Alexandrina Council


Mayor Keith Parkes

Councillor for

Nangkita Kuitpo Ward

Grant Gartrell

Councillors for

Strathalbyn Ward

Ben Brazzalotto

Anne Woolford

Councillors for

Angas Bremer Ward

Barry Featherston (elected unopposed)

Katherine Stanley-Murray (elected unopposed)

Councillors for

Port Elliot Middleton

Ward

Michael Scott (elected unopposed)

Madeleine Walker (elected unopposed)

Councillors for

Goolwa Hindmarsh

Island Ward

Jim Davis

Frank Tuckwell

James Stewart

Karen Lume

No recounts were requested or declared. A copy of the correspondence from the State Electoral Commission is attached. REFER SEPARATE ATTACHMENT 1.1

1.2 Mayor's Declaration

File Ref: 9.24.1 Officer: Peter Dinning

Strategic Plan: * Aspiration: Innovate throughout our Region * Outcome: Proactive Leadership and Accountability * Strategy: Maintain a high-performing dynamic organisation responsive to community interests * Strategic Priority: Nil Report In accordance with Section 60 of the Local Government Act 1999, a member of a council must, at or before the first meeting to be attended by the member, make an undertaking in the prescribed manner and form to discharge the member’s duties conscientiously and to the best of his or her ability. The declaration must also be made before a Justice of the Peace or some other person authorised to take declarations under the Oaths Act 1936. Members will be asked to sign Form 2 (Schedule 1 of Local Government (General) Regulations) at the meeting in the presence of a Justice of the Peace.

Alexandrina Council


Mayor to take the Oath Mayor Keith Parkes to be presented to Council

1.3 Councillors Declaration

File Ref: 9.24.1 Officer Peter Dinning (Chief Executive)

Strategic Plan: * Aspiration: Innovate throughout our Region * Outcome: Proactive Leadership and Accountability * Strategy: Maintain a high-performing dynamic organisation responsive to community interests * Strategic Priority: Nil Report In accordance with Section 60 of the Local Government Act 1999, a member of a council must, at or before the first meeting to be attended by the member, make an undertaking in the prescribed manner and form to discharge the member’s duties conscientiously and to the best of his or her ability. The declaration must also be made before a Justice of the Peace or some other person authorised to take declarations under the Oaths Act 1936. Members will be asked to sign Form 2 (Schedule 1 of Local Government (General) Regulations) at the meeting in the presence of a Justice of the Peace. Councillors to take the Oath Councillors:-

Cr Ben Brazzalotto

Cr Jim Davis

Cr Barry Featherston

Cr Grant Gartrell

Cr Karen Lume

Cr Michael Scott

Cr Katherine Stanley-Murray

Cr James Stewart

Cr Frank Tuckwell

Cr Madeleine Walker

Cr Anne Woolford The Mayor assumed the Chair for the Alexandrina Council at ……… p.m.

Alexandrina Council


2. CONFIRMATION OF MINUTES

2.1 Confirmation of Minutes

Minutes of the Alexandrina Council held on Monday 20 October 2014. Recommendation

That the Minutes of the Alexandrina Council Meeting held on Monday 20 October 2014 as circulated to members be received as a true and accurate record.

3. BUSINESS ARISING

4. ITEMS FOR DISCUSSION & DECISION

4.1 Appointment of Date, Time and Place of Council Meetings

File Ref: 9.24.1 Officer Resp. for Report: Victoria MacKirdy (General Manager,

Organisation and Culture) Strategic Plan:

* Aspiration: Innovate throughout our Region * Outcome: Proactive Leadership and Accountability * Strategy: Maintain a high-performing dynamic



ESEC Impact/Benefit:- * Environmental: Council is committed to managing,

protecting and enhancing the natural and built environment in an ecologically sustainable manner. Council meetings are a key mechanism by which to support this.

* Social: Council is committed to developing its community in an equitable, ethical and responsible manner by encouraging and developing initiatives for improving the quality of life of the community. Council meetings are a key mechanism by which to support this.

* Economic: Council is committed to sustainable economic development that achieves a balance of economic, social, environmental and cultural aspects. Council meetings are a key mechanism by which to support this.

* Cultural: Council is committed to the vitality that communities and individuals enjoy through participation in recreation, creative and

Alexandrina Council


cultural activities; and the freedom to retain, interpret and express their arts, history, heritage and traditions. Council meetings are a key mechanism by which to support this.

Purpose To set the day, time and place for ordinary Council meetings for the next 4 year term of Council and to set the day and time of the informal Council Briefing sessions. Recommendation Option 1 - Mondays That Council resolve to adopt the following meeting cycle to facilitate open, responsive and accountable government as well as the timely conduct of Council’s business:-

* Ordinary Council meetings to be held on the third Monday of each month commencing at ….………… from December 2014 to November 2018. * Ordinary Council meetings will be held in the Alexandrina Council Community Chambers 'Wal Yuntu Warrin', 11 Cadell Street, Goolwa. * Council Briefing Sessions to be held on the first Monday of each month commencing at ………………

Option 2 - Tuesdays That Council resolve to adopt the following meeting cycle to facilitate open, responsive and accountable government as well as the timely conduct of Council's business:- * Ordinary Council meetings to be held on the third Tuesday of each

month commencing at ……………. from December 2014 to November 2018.

* Ordinary Council meetings will be held in the Alexandrina Council

Community Chambers 'Wal Yuntu Warrin', 11 Cadell Street, Goolwa. * Council Briefing Sessions to be held on the first Tuesday of each month commencing at …………….. Background Council has previously met on the third Monday of each month, with meetings commencing at 4pm.

Alexandrina Council


Further, Council has held informal Council Briefing Sessions on the first Monday of each month, with briefings commencing at 4.00pm. The combination of monthly Council Meetings, supported by informal Council Briefing Sessions each month have proven to be extremely effective over the last 2 years. Discussion Under Section 81 (1) & (2) of the Local Government Act 1999, Council must determine the time and place of ordinary meetings and there must be at least one Ordinary Meeting in each month. Under Section 81 (5), ordinary meetings of Council cannot be held on Sundays or public holidays. A meeting schedule has been provided of the proposed meeting dates for 2015. REFER ATTACHMENT 4.1[a] (page 2) An alternative option has also been provided for Members consideration for the Ordinary meetings of Council to be held on a Tuesday. This option allows a further day for Members to prepare for meetings and also less likely to clash with possible holidays in the future. REFER ATTACHMENT 4.1[b] (page 3) Under Section 81 (6), ordinary meetings of the Council may not be held before 5pm unless the Council resolves otherwise by a resolution supported unanimously by all members of Council. By way of information, under Section 83 (1), the Chief Executive must give each member of the council notice of the meeting at least three clear days before the date of the meeting. In regard to Council Briefing sessions, these are an opportunity for elected members to be given advance notice of items by the administration that may be forthcoming in future agendas, as well as an opportunity for elected members to raise matters for discussion. These sessions are not formal decision making meetings of Council, and are not open to the public. Statutory Responsibilities Council is required to appoint the day, time and place of Ordinary Meetings of a Council by a resolution of the Council. Community Engagement As an administrative matter, community engagement is not required, however public notice must be given of the time and place of meetings of the Council, this must be in the form of a notice displayed at each office of the Council that are open to the public and by publishing the notice on Council’s website.

Alexandrina Council


Financial Implications There are considerable administrative resources required to prepare reports and to process meeting agendas and minutes. An increase in the number of meetings each month would have an impact on these costs along with additional catering costs to allow for dinner after each meeting. Risk Assessment By approving meeting days and times as a collective, the risk is considered low as statutory requirements have been met. Summary Under Section 81 (1) of the Local Government Act 1999, Council must determine the time and place of ordinary meetings.

4.2 Appointment of Deputy Mayor

File Ref: 9.24.1 Officer Resp. for Report: Victoria MacKirdy (General Manager Organisation & Culture) Strategic Plan: * Aspiration: Innovate throughout our Region * Outcome: Proactive Leadership and Accountability * Strategy: Maintain a high-performing dynamic organisation responsive to community interests * Strategic Priority: Nil

Purpose To provide the newly elected Council with relevant information and a process by which to appoint a Deputy Mayor for the Alexandrina Council. Recommendation Option 1 1. That Council resolves that the term of office for the position of Deputy Mayor be for ................ 2. That Council seek expressions of interest from Elected Members, and if necessary a secret ballot be conducted using the preferential voting method, and the member receiving the most number of votes be appointed. 3. That Council appoint Councillor................... to the position of Deputy Mayor for the Alexandrina Council until the................

Alexandrina Council


or Option 2 1. That Council resolves that the term of office for the position of Deputy Mayor be for.................. 2. That Council seek nominations in writing from interested Elected Members highlighting the qualities they would bring to the role of Deputy Mayor to be provided to the Chief Executive by 5.00pm on Friday 28th November 2014. 3. That all nominations be presented to Council for consideration at the Council meeting on …………….. December 2014. Background The Alexandrina Council is constituted on the basis that the Mayor is “elected as a representative of the area as a whole”. Section 51(3) and (4) of the Local Government Act 1999 provide that if a council has a Mayor, the Council may also resolve to have a Deputy Mayor who will be chosen by the members of the Council from amongst their own number. A Deputy Mayor holds office for a term determined by Council, providing the term does not exceed 4 years. The immediate past Alexandrina Council appointed a Deputy Mayor, initially for a period of 1 year and then resolved to continue with the same incumbent for the remainder of the term of the Council. Discussion Term of Office The role of a Deputy Mayor can be demanding as well as rewarding. A Deputy Mayor will need to be able to step into the Mayoral role to preside at Council meetings in the event that the Mayor is absent, represent Council at civic and ceremonial functions, and at key meetings on major projects with State Ministers, Federal Members and major business and community leaders. Whilst the Act provides that the term of the Deputy Mayor must not exceed 4 years, it is at the discretion of Council to specify the term. For example, Council may resolve to appoint one member as the Deputy Mayor for 4 years, or two members for an equal term of 2 years, or 4 members for an equal term of 1 year. Process for Appointing a Deputy Mayor Council may wish to consider two options for selecting a Deputy Mayor. The first option could be seeking expressions of interest from members at the meeting and then conducting a secret ballot to ascertain Council’s preference for Deputy Mayor at the same meeting. Following this, a resolution could be passed at this meeting

Alexandrina Council


that the Member with the most number of votes using the preferential voting method be appointed Deputy Mayor for a term resolved by Council. Alternatively, option two, Council may wish to adopt a two-step process for determining Council’s preference for Deputy Mayor which involves:- 1. Calling for nominations for the role of Deputy Mayor from amongst the Elected

Member body at the meeting 17th November 2014. 2. Nominations by interested Members to be forwarded in writing to the Chief

Executive by 5pm Friday 28th November 2014. 3. Individual nominations to be accompanied by a brief statement (say 150

words) from the interested Members as to their skills, experience and ability to carry out the role of Deputy Mayor.

4. A report to be prepared with all nominations attached, for consideration by

Council at the December 2014 Council meeting. Note that this report would be a public report and that the accompanying nominations would also be public.

5. A secret ballot to be conducted at the December 2014 Council meeting to

ascertain Council’s preference for Deputy Mayor. 6. Council resolution to be passed at the December 2014 Council meeting that

the nominee with the most number of votes using a preferential voting method be appointed Deputy Mayor for the term resolved by Council.

Statutory Responsibility Section 51(3) and (4) of the Local Government Act 1999 provide that if a council has a Mayor, the Council may also resolve to have a Deputy Mayor who will be chosen by the members of the Council from amongst their own number. A Deputy Mayor holds office for a term determined by Council, providing the term does not exceed 4 years. Community Engagement There is no legislative requirement to undertake community engagement in relation to this report item. Financial Implications Allowances paid to Elected Members are set by the independent Remuneration Tribunal. Section 76 of the Local Government Act 1999 requires the Tribunal to make a determination on a 4 yearly basis prior to the close of nominations for each periodic election for Councils. This determination (report) was handed down on the 28th July 2014.

Alexandrina Council


Within this report, Alexandrina Council was considered to be a Group 2 Council and hence the allowance for a Councillor was set at $15,900 per annum and four (4) times this amount was set for the Mayor (i.e. 4 x $15,900 = $63,600) The report also addressed the allowance for a Deputy Mayor and determined it to be equal to one and a quarter times the allowance of a Councillor of the Council (i.e. 1.25 x $15,900 = $19,875). Provision has been made in Council’s 2014/15 budget for the payment of an allowance to a Deputy Mayor of up to $19,875 per annum should Council resolve to make such an appointment. Summary The role of a Deputy Mayor is a senior leadership role which can be demanding, but at the same time rewarding and provide invaluable support and assistance to the Mayor and Council as a whole.

4.3 Completion of Primary and Ordinary Returns

File Ref: 9.33.004 Officer Resp. for Report: Peter Dinning (Chief Executive)




ESEC Impact/Benefit:- * Environmental: There are no detrimental or beneficial

environmental implications arising from this report or its recommendations

* Social: Provision of transparency and good governance by efficient and effective policy & procedure framework

* Economic: There are no detrimental or beneficial economic implications associated with this report or its recommendations

* Cultural: The continued provision of good governance provides a positive impact on the culture within the community.

Purpose As provided for under the Local Government Act 1999, every Elected Member is required to enter up-to-date information in the Register by lodging a return. Returns must be lodged each year.

Alexandrina Council


Recommendation That the report be received and noted. Discussion Primary Returns Where a person is first elected or appointed to a Council, that person must submit a Primary Return to the Chief Executive (through the Governance Administration Officer) within six (6) weeks after election or appointment. New Elected Members will need to submit a Primary Return within six (6) weeks of the appointment of Office (that date being 20 December 2014). A Form 3 “Register of Members’ Interests Primary Return” will be provided to all new Elected Members for completion and return. Elected Members returned to office as a result of the November elections do not need to submit a Primary Return. Ordinary Returns Where a person is re-elected to Council, that person must submit an Ordinary Return to the Chief Executive on or within sixty (60) days after the 30th June in each year. All Elected Members must submit an Ordinary Return to the Chief Executive on or within sixty (60) days after the 30th June in each year. Statutory Responsibilities Local Government Act 1999 Sections 65 and 66 Community Engagement Not applicable Financial Implications Not applicable Risk Assessment Not applicable Summary That Elected Members complete and submit the relevant form within the legislated dates as highlighted in the report.

Alexandrina Council


4.4 Campaign Donations Return

File Ref: 9.24.1 Officer Resp. for Report: Peter Dinning (Chief Executive) Strategic Plan:



* Strategic Priority: Provide/Respond ESEC Impact/Benefit:- * Environmental: There are no detrimental or beneficial





Purpose To advise Elected Members of the need to provide the Chief Executive with a completed Campaign Donations Return within thirty (30) days of the conclusion of the election. Recommendation That the report be received and noted. Background Any person who is a candidate for election to an office of a council, whether successfully elected or not, must complete a “Campaign Donations Return”. The return must be forwarded to the Chief Executive within 30 days after the conclusion of the election, that date being Sunday 7 December 2014. Discussion The relevant dates for the disclosure period are as follows:

Alexandrina Council


Re-Elected Candidates The disclosure period to which the return must relate is 21 days after polling day for the 2010 Elections (which is 3rd December 2010) to Friday 7 November 2014. New Candidates The disclosure period to which the return must relate is from the date they lodged their Nomination Form with Council to Friday 7 November 2014.

Statutory Responsibilities Local Government (Elections) Act 1999 – Section 81 Community Engagement Not applicable Financial Implications Not applicable Risk Assessment Not applicable Summary That all Elected Members provide a listing of their Campaign Donations to the Chief Executive in the prescribed form and completed in the prescribed manner within thirty (30) days of the conclusion of the election.

4.5 Elected Members Allowances





ESEC Impact/Benefit:-

* Environmental: There are no detrimental or beneficial environmental implications arising from this report or its recommendations

Alexandrina Council



* Economic: There are no detrimental or beneficial economic implications associated with this reports or its recommendations.


Purpose To advise of the annual allowances to be received by Elected Members of the Alexandrina Council. Recommendation 1. That the allowances for Mayor, Deputy Mayor and Councillors be as

follows: Mayor Allowance $63,600 Deputy Mayor Allowance $19,875 Elected Member Allowance $15,900 2. That allowances will apply from Monday 17 November 2014 and will be paid quarterly in advance. Background Section 76 of the Local Government Act 1999 (the Act) provides that a member of council is entitled to the allowance determined by the Remuneration Tribunal in relation to the members’ office and indexed in accordance with the Act. The Act requires the Tribunal to make a determination on a 4 yearly basis prior to the close of nominations for each periodic election for Councils. This determination (report) was handed down on the 28th July 2014. REFER ATTACHMENT 4.5 (page 4) Within this report, Alexandrina Council was considered to be a Group 2 Council and hence the allowance for a Councillor were set at $15,900 per annum and four (4) times this amount was set for the Mayor (i.e. 4 x $15,900 = $63,600) Discussion Section 76(9) of the Local Government Act provides for allowances to be adjusted on the first, second and third anniversaries of periodic elections to reflect changes in the Consumer Price Index (CPI) under a scheme prescribed by the regulations.

Alexandrina Council


The CPI referred to is the CPI (all groups index for Adelaide) published by the Australian Bureau of Statistics. The previous Alexandrina Council received the maximum allowance as set by the Tribunal. If Council continues to pay the maximum allowance to the Elected Members, the new rate as from 17 November 2014 will be: Mayor Allowance $63,600 Deputy Mayor Allowance $19,875 Elected Member Allowance $15,900 Elected Members can choose to retain the maximum applicable under the Local Government Act, or partial thereof. Statutory Responsibilities Section 76 of the Local Government Act 1999 provides that a member of Council is entitled to the allowance determined by the Remuneration Tribunal in relation to the member’s office and indexed in accordance with this section. Section 76(8) of the Local Government Act 1999 provides that an allowance determined under this section will, in relation to the members of a particular council, take effect from the first ordinary meeting of the council held after the conclusion of the relevant periodic election. Regulation 4(2) of the Local Government (Members Allowances and Benefits) Regulations 2010 set out the formula for adjusting an allowance. Community Engagement Not applicable Financial Implications The increase in Elected Members allowances is within Council’s 2014/15 budgeted amount. Risk Assessment There is no risk to Council in adopting the recommendation as it is within the Local Government Act to provide for allowances to be adjusted on the first, second and third anniversaries of periodic elections to reflect changes in the CPI under a scheme prescribed by the regulations. Summary That Council discuss the Elected Members allowances payable from 17 November 2014 with the view that the allowances be retained as the maximum applicable under the Local Government Act.

Alexandrina Council


4.6 Elected Members Allowances, Benefits Support & Facilities Policy

File Ref: 9.24.1 Officer Resp. for Report: Jennifer Gilles (Policy Officer) Strategic Plan:







* Economic: There are no detrimental or beneficial economic implications associated with this reports or its recommendations.


Purpose This policy will determine the level of benefits and support to be provided to Elected Members and the Mayor during their term of office. REFER ATTACHMENT 4.6 (page 10) Recommendation 1. That the Elected Members' Allowances, Benefits, Support and Facilities

Policy which appears as Attachment 4.6 to this report be endorsed by Council.

2. That the Mayor's vehicle, as specified in the Elected Members'

Allowances, Benefits Support & Facilities Policy 2014, be a................................

3. That a copy of the Elected Members' Allowances, Benefits, Support and

Facilities Policy be made available on Council’s Website for public inspection.

Alexandrina Council


Background The Local Government Act 1999 (the Act) and the Local Government (Members Allowances and Benefits) Regulations 2010 (the Regulations) provides for the payment of Elected Member allowances, the reimbursement of expenses and the provision of facilities and support incurred or utilised in performing or discharging official functions and duties. Allowances Refer to Item 4.5 within this Council Agenda. Expenses Section 77(1)(a) of the Act, via Regulation 5 prescribes the kinds of expenses for which a member of the Council will receive reimbursement. Section 77(1)(b) of the Act also enables Council to develop a policy that details which of those additional expenses, specified within Regulation 6, it wishes to reimburse to Elected Members. Facilities and Support In addition, Section 78 of the Act enables Council to provide, at its discretion, facilities and other forms of support to Elected Members to assist them in the performance or discharging of their official functions and duties. These facilities and services must be made available to Elected Members on a uniform basis other than those specifically provided to the Mayor. Consequently, in accordance with Section 77 of the Act, the former Council had in place an Elected Members Allowances & Benefits Policy following the 2010 General Election. This policy determined the expenses and benefits to be reimbursed to Elected Members and the facilities and support to be provided. However, this policy lapsed at the November 2014 General Elections. Further the Local Government Association of South Australia has prepared a model policy which takes into account the various changes to legislation over the last 4 years that have impacted on the Elected Member Allowances & Benefits Policy. Discussion Provided in Attachment 4.6 is a revised Elected Members Allowances, Benefits, Support and Facilities Policy that reflects the Local Government (Members Allowances Benefits) Regulations 2010. The Policy remains consistent with that adopted by the previous Council together with amendments as recommended in the Local Government Association Model Policy and is being presented so that the new Council has sufficient resources to undertake its role. This Policy applies to all Elected Members of Council, who each have an obligation to abide by this Policy, and an obligation to the community for the use of public monies.

Alexandrina Council


Elected Members will also receive reimbursements as outlined in the Act (Sections 77 (1)(a), (b) & (c)), for items such as travel, child or dependent care and other prescribed and approved expenditures. A number of other benefits will be provided to Council Members to assist them to perform or discharge their official functions and duties, such as the use of Council meeting rooms, Information Technology equipment, meals, refreshments and administrative support. The Chief Executive is required to maintain a public Register of Allowances and Benefits which will detail these allowances, reimbursements and other benefits paid or provided to Council Members under Sections 77 (1) (b) & (c), but is not required to include reimbursements made under Section 77 (1) (a), which comprises travel and child or dependent care reimbursement. Additional benefits are provided to the Mayor to assist them undertake their role as the principle member of Council. In accordance with the previous Council policy, a decision as to the type of vehicle to be provided to the Mayor will need to be determined by Council. Statutory Responsibilities Section 76, 77, 78, 79 Local Government Act 1999 Local Government (Members Allowances and Benefits) Regulations 2010 Income Tax Assessment Act 1936 (Cwth) s 82KX(1)(a) ICAC Act (SA) 2012 Community Engagement Under the Legislation, community engagement is not required for this policy as the requirements are clearly specified in the Local Government (Members Allowances and Benefits) Regulations 2010, and there is a requirement for an Allowances and Benefits Register to be publically available. Financial Implications The financial implications for this Policy are as detailed in the Remuneration Tribunal determinations. Provision has been made in the 2014/15 Budget for Elected Member Allowances and Benefits as specified within the attached Policy. Risk Assessment As this item meets statutory requirements, the risk in adopting this recommendation is low. Summary It is recommended that the Council approve this 2014 Council Members Allowances and Benefits Policy.

Alexandrina Council


4.7 Appointment of Council Representatives to Audit Committee



* Aspiration: Innovate throughout our Region * Outcome: Proactive Leadership and Accountability * Strategy: Maintain a high-performing, dynamic



ESEC Impact/Benefit:- * Environmental: Nil * Social: Nil * Economic: Council is committed to accountable,

transparent and sustainable financial management. An Audit Committee supports this aim.

* Cultural: Nil

Purpose To seek a decision on the appointment of Council representatives to the Audit Committee. Recommendation Option 1 1. That Council appoint Cr............... and Cr ................ as Council representatives on the Alexandrina Council Audit Committee. 2. That Council appoint Mr John Comrie and Ms Claudia Goldsmith as independent Members of the Alexandrina Audit Committee. 3. That Council appoint Mr John Comrie as Chair of the Alexandrina Audit Committee. 4. That Council set the sitting fees for the Chair of the Audit Committee at $1,000 per meeting, plus travel and GST and the Independent Member at $350. OR Option 2 1. That Council appoint Cr ................ and Cr ............ as Council representatives on the Alexandrina Council Audit Committee.

Alexandrina Council


2. That Council call for 'Expressions of Interest' for independent Members for the Alexandrina Audit Committee and that a further report be presented to Council for consideration and appointment of independent Members. Background Under Section 126(1) of the Local Government Act 1999, a council must have an Audit Committee. The primary functions of an Audit Committee as detailed under section 126(4) of the Act include: reviewing of financial statements to ensure that they present fairly the state of

affairs of the council; proposing, and providing information relevant to, a review of the council’s

strategic management plans or annual business plan; and proposing, and reviewing, the exercise of powers under section 130A; and if the council has exempted a subsidiary from the requirements to have an

audit committee, the functions that would, apart from the exemption, have been performed by the subsidiary’s audit committee; and

liaising with the council’s auditor; and reviewing the adequacy of the accounting, internal control, reporting and other

financial management systems and practices of the council on a regular basis.

Discussion The Alexandrina Council first established its Audit Committee in 2006. The Audit Committee adds value and improves the Council’s operations by providing a systematic and disciplined approach to evaluating and improving the effectiveness of risk management, internal control, financial management and governance processes. The Audit Committee is a formally constituted Committee of Council pursuant to Section 41 of the Local Government Act 1999 (the Act) and is responsible to Council. The current Terms of Reference for the Alexandrina Audit Committee are reviewed annually by the Audit Committee and were lasted amended by Council on the 5 th September 2011. REFER ATTACHMENT 4.7 (page 22) The current Terms of Reference for the Audit Committee include the following references to membership: “Membership Members of the Committee shall be appointed by the Council. The Committee shall consist of five members including two independent members and at least two

Alexandrina Council


Elected Members of Council, in accordance with the Local Government (Financial Management) Regulations 1999. An Independent Member of the Committee shall Chair the Audit Committee. The Presiding Member of the Council shall be an ex officio member of the Committee. Only members of the Committee are entitled to vote in Committee meetings. Council’s external auditors and internal auditors may be invited to attend meetings of the Committee. Appointments to the Committee shall be for a period of four years.” The current Independent Chair of the Audit Committee is Mr John Comrie, with the other independent member being Ms Claudia Goldsmith. By way of information, Council’s Auditor is appointed on the recommendation of the Audit Committee for a term of up to 5 years. Council’s current auditor is Dean Newbery and Partners and has a remaining term of seven months (the current contract expires on 30 June 2015). The term of officer for both Elected Member representatives and independent representatives has expired in line with the Terms of Reference. Council is now required to appoint at least two Elected Member representatives to the Committee and two independent representatives, which includes the independent Chair. Both previous independent members have expressed an interest to be reappointed to the Audit Committee.

Mr John Comrie as independent Chair; and

Ms Claudia Goldsmith It is at Council’s discretion whether or not it reappoints these independent members or undertakes a public call for nominations for suitably experienced and qualified independent members. The previous Council had also resolved to pay a sitting fee for both independent members which was set as follows:- Independent Chair:- $1,000 per meeting, plus travel and GST. Independent Member:- $350 per meeting. Elected Member representatives were not paid a sitting fee on the Audit Committee.

Alexandrina Council


Statutory Responsibilities Under Section 126(1) of the Local Government Act 1999, a council must have an Audit Committee. In accordance with the current Terms of Reference of the Alexandrina Audit Committee, the Council is required to appoint Members of the Committee. Community Engagement As an administrative matter, community engagement is not required. Financial Implications There is a current budget allocation in the 2014/15 budget for independent allowances and support for the Audit Committee. Risk Assessment By appointing both the Council and independent representative of the Audit Committee, the Council is meeting its statutory responsibilities under the Act. The risk is considered low as statutory requirements have been met. Summary Under Section 126(1) of the Local Government Act 1999, a council must have an audit committee. The purpose of this report is to appoint two Council representatives and two independent members to that committee, consistent with the current terms of reference of the Audit Committee.

4.8 Council Regional Subsidiaries (Under Section 43 of the Local Government Act)





* Strategic Priority: Nil ESEC Impact/Benefit:-

* Environmental: Council’s two waste management regional subsidiaries support environmental outcomes

Alexandrina Council


* Social: Council’s participation in a regional council subsidiary supports consideration of social issues affecting the region

* Economic: Council’s participation in a regional council subsidiary supports consideration of economic issues affecting the region

* Cultural: Nil

Purpose To advise Council of representatives on regional subsidiaries and seek a decision on the appointment of Council representatives to regional subsidiaries where required. Recommendation 1. That Council appoint the following Council representatives to the

Adelaide Hills Regional Waste Management Authority Board as member.............. and proxy.....................for a period of four years.

2. That Council appoint the following Council representatives to the Fleurieu Regional Waste Authority Board as member ................and proxy .................for a period of four years. 3. The Council note the Mayor is Council’s representative to the Southern and Hills Local Government Association, with the Deputy Mayor as proxy. Background Under Section 43 of the Local Government Act 1999, a council may have a regional subsidiary between two or more Councils that provide a specified service or perform a function of the Councils under this or another Act. Discussion

Council has three regional subsidiaries. Adelaide Hills Regional Waste Management Authority Background of Adelaide Hills Regional Waste Management Authority The Adelaide Hills Region Waste Management Authority (AHRWMA) is a Local Government Regional Subsidiary coordinating waste management on behalf of its Member Councils; Adelaide Hills Council, Alexandrina Council, the District Council of Mount Barker and the Rural City of Murray Bridge. The independently-resourced Authority is evaluating waste and recycling services throughout the region to determine where it can add value to Member Councils by applying a resource sharing model.

Alexandrina Council


The Adelaide Hills Region Waste Management Authority was formed in the early 90’s as a Regional Subsidiary under the Local Government Act 1934 at which time it established a landfill operation located within the Monarto Quarries. It has since moved its landfill operations to the Brinkley Landfill and now operates the Brinkley and Heathfield Transfer Stations on behalf of the Rural City of Murray Bridge and Adelaide Hills Council respectively. The 10 year Strategic Plan adopts as its vision: “Sustainable Waste Management through Shared Services for the communities of Adelaide Hills, Alexandrina, Mt Barker and Murray Bridge”. Board The Board consists of Eight Members as follows: [a] one elected Member appointed by each Constituent Council; and [b] one employee appointed by each Constituent Council. Each Constituent Council will also appoint a deputy Board Member. The deputy Board Member is entitled to act in place of a Board Member appointed by the same Constituent Council if the Board member is unable for any reason to be present at a Board meeting. A certificate signed by the Chief Executive Officer of a Constituent Council will be sufficient evidence of the appointment of a Board Member and deputy Board Member of the Board of Management. There is a Chairperson and a Deputy Chairperson of the Board who are elected by ballot of the whole Board. The term of office of each Board Member is for a term determined by the Constituent Council appointing the Board Member. The Board typically meet on a quarterly basis on a Thursday at 3pm in the District Council of Mount Barker’s Council Chambers. Board positions currently receive no payment or allowances. Fleurieu Regional Waste Authority

The Fleurieu Regional Waste Authority (FRWA) was established in 2010 by the member councils of the Fleurieu Peninsula in South Australia in order to manage their waste and recycling operations. The member councils are Alexandrina Council, City of Victor Harbor, Kangaroo Island Council and the District Council of Yankalilla. As of February 2010 all four Councils and the FRWA Board adopted the FRWA Charter, the 10 Year Strategic Plan, the 3 year Business Plan. The 10 year Strategic Plan adopted as its vision: ‘Councils working together to achieve sustainable waste and resource management’.

Alexandrina Council


Under its Charter, FRWA is responsible for providing and operating waste management services on behalf of the four constituent councils. This includes the operation of the areas waste transfer stations and the provision of waste, recycling and green waste kerbside collection services, public litter and event bin collections. The adopted Business Plan 2010 - 2014 guides the Board and the Management Team in delivering the Fleurieu Regional Waste Management Strategy endorsed by the constituent councils. It sets the framework for a shared services model that meets the future challenge of waste management for Local Government in the Fleurieu Region. FRWA is governed by a nine member Board comprising an Independent Chair to govern and lead the Authority and eight other members, with an Elected Member and Officer from each Constituent Council. The Management Team consists of the Executive Officer, Regional Manager Operations, Regional Coordinator and Senior Finance and Payroll Officer who manage the day to day operations and conduct the administration function.

Southern & Hills Local Government Association

The Southern & Hills Local Government Association is a regional association of Council under Part 4 of the Constitution of the Local Government Association of South Australia and is a Regional Subsidiary under the provisions of Section 43 and Schedule 2 of the Local Government Act 1999. The Association was first formed in July 1969 and is now constituted as a Regional Subsidiary under Section 43 and Schedule 2 of the Local Government Act 1999. The constituent Councils of the Association are the: Adelaide Hills Council Alexandrina Council Barossa Council Kangaroo Island Council District Council of Mt Barker Rural City of Murray Bridge City of Victor Harbor District Council of Yankalilla

Future regional subsidiaries

By way of information, Council will also need to establish during this term, a regional subsidiary with City of Victor Harbor to manage the Fleurieu Regional Aquatic Centre. Statutory Responsibilities By approving the appointment of Council representatives to regional subsidiaries as a collective, Council are meeting statutory obligations.

Alexandrina Council


Community Engagement As an administrative matter, community engagement is not required. Financial Implications There are no financial implications in adopting the recommendation in this report. Risk Assessment By approving the appointment of two Council representatives to regional subsidiaries as a collective, the risk is considered low as statutory requirements have been met. Summary Council has three regional subsidiaries under Section 43 of the Local Government Act 1999 – the Adelaide Hills Regional Waste Management Authority, Fleurieu Regional Waste Authority and the Southern & Hills Local Government Association.

4.9 Appointment of Council Representatives on Section 41 Committees


Organisation and Culture)





protecting and enhancing the natural and built environment in an ecologically sustainable manner. Committee meetings are a key mechanism by which to support this.

* Social: Council is committed to developing its community in an equitable, ethical and responsible manner by encouraging and developing initiatives for improving the quality of life of the community. Committee meetings are a key mechanism by which to support this.

* Economic: Council is committed to sustainable economic development that achieves a

Alexandrina Council


balance of economic, social, environmental and cultural aspects. Committee meetings are a key mechanism by which to support this.

* Cultural: Council is committed to the vitality that communities and individuals enjoy through participation in recreation, creative and cultural activities; and the freedom to retain, interpret and express their arts, history, heritage and traditions. Committee meetings are a key mechanism by which to support this.

Purpose To seek a decision on the appointment of Council representatives to Council’s Section 41 Committees. Within the Council Agenda attachments, we have provided a listing of the current Council committees which require elected member representation. REFER ATTACHMENT 4.9 (page 29)

Recommendation That Council appoints the following members to Council's Section 41 Committees: 1. Alexandrina Arts & Cultural Advisory Committee Cr.............................. and Cr.................................. 2. Bashams Beach & Horseshoe Bay Advisory Committee Cr.............................. and Cr.................................. 3. Council Development Assessment Panel

Cr…………………………, Cr……………………….. and Cr………………………….

4. Currency Creek Cemetery Advisory Committee Cr.............................. 5. Fleurieu Region Community Services Advisory Committee Cr.............................. and Cr..................................

6. Friends of the P.S. Oscar ‘W’ Cr.............................. and Cr.................................. 7. Friends of the Goolwa Library Cr..............................

Alexandrina Council


8. Goolwa Sports Stadium Management Committee Cr.............................. 9. Goolwa Wharf Precinct Board Cr.............................. and Cr.................................. 10. Heritage Advisory Committee Cr.............................. and Cr.................................. 11. Langhorne Creek Progress Association Cr.............................. 12. Southern Communities Transport Advisory Committee Cr.............................. and proxy Cr.................................. 13. Southern Fleurieu Youth Advisory Committee Cr.............................. and Cr.................................. 14. Strathalbyn Woodshed Committee Cr.............................. Background Council currently has sixteen Section 41 Committees (which includes the Audit Committee already considered by Council, and the Strategic Policy and Planning Committee (which membership is the whole Council), all of which have been established to assist Council in the performance of its functions. Discussion The current Terms of Reference for Council’s Section 41 Committees include the following references to membership:

Name of Committee Number of Elected Member Positions

Alexandrina Arts & Cultural Advisory Committee Two

Bashams Beach & Horseshoe Bay Advisory Committee Two

Council Development Assessment Panel Three

Currency Creek Cemetery Advisory Committee One

Fleurieu Region Community Services Advisory Committee Two

Friends of the P.S. Oscar ‘W’ Two

Friends of the Goolwa Library One

Goolwa Sports Stadium Management Committee One

Goolwa Wharf Precinct Board Two

Heritage Advisory Committee Two

Langhorne Creek Progress Association One

Southern Communities Transport Advisory Committee One & One Proxy

Southern Fleurieu Youth Advisory Committee Two

Strathalbyn Woodshed Committee One

Alexandrina Council


Note: Council’s “Strategic Policy & Planning Committee” membership includes all Elected Members. Statutory Responsibilities By approving the appointment of Council representatives to the various Section 41 Committees, Council is meeting statutory obligations. Community Engagement As an administrative matter, community engagement is not required. Financial Implications There are no financial implications in adopting the recommendation in this report. Risk Assessment By approving the appointment Council representatives as a collective, the risk is considered low as statutory requirements have been met. Summary Under Section 41 (2) (a) to (d) of the Local Government Act 1999, Council may establish committees to assist the Council in the performance of its functions, to inquire into and report to the council on matters within the ambit of the council’s responsibilities, to provide advice to council and to exercise, perform or discharge delegated powers, functions or duties.

4.10 Appointment on Other Council Advisory Groups


Organisation and Culture)





protecting and enhancing the natural and built environment in an ecologically sustainable manner. Committee meetings are a key mechanism by which to support this.

Alexandrina Council


* Social: Council is committed to developing its community in an equitable, ethical and responsible manner by encouraging and developing initiatives for improving the quality of life of the community. Committee meetings are a key mechanism by which to support this.

* Economic: Council is committed to sustainable economic development that achieves a balance of economic, social, environmental and cultural aspects. Committee meetings are a key mechanism by which to support this.

* Cultural: Council is committed to the vitality that communities and individuals enjoy through participation in recreation, creative and cultural activities; and the freedom to retain, interpret and express their arts, history, heritage and traditions. Committee meetings are a key mechanism by which to support this.

Purpose To seek a decision on the appointment of Council representatives to “Other Council Advisory Groups”. Within the Council Agenda attachments, we have provided a listing titled “Other Council Advisory Groups”. REFER ATTACHMENT 4.10 (page 36) Recommendation That Council appoints the following Elected Members to the Council Advisory Groups listed below: 1. Aboriginal Liaison Delegate (Leader to Leader) Mayor Keith Parkes 2. Alexandrina Sustainable Agricultural Round Table

Mayor Keith Parkes, Cr…………………………, Cr……………………….. and Cr………………………….

3. Community Grants Assessment Panel Cr…………………………, Cr……………………….. and Cr………………………….

Alexandrina Council


4. Fleurieu Regional Aquatic Centre Working Party Mayor Keith Parkes, Cr………………………… and Cr……………………….. 5. Plant and Machinery Advisory Group: Mayor Keith Parkes, Cr………………………… and Cr……………………….. 6. Road Naming Advisory Group: Mayor Keith Parkes, Cr………………………… and Cr……………………….. Background Council currently has staff and Elected Member representation on a number of advisory groups. Discussion The current Terms of Reference for these groups include the following references to membership:

OTHER COUNCIL ADVISORY GROUPS

Name of Committee Number of Elected Member Positions

Aboriginal Liaison Delegates Mayor

Alexandrina Sustainable Agricultural Round Table Mayor plus Three

Community Grants Assessment Panel Three

Fleurieu Regional Aquatic Centre Working Party (Joint with City of Victor Harbor)

Mayor plus Two

Plant and Machinery Advisory Group Mayor plus Two

Road Naming Advisory Committee Mayor plus Two

Statutory Responsibilities By approving the appointment of Council representatives to the Council advisory groups, Council is meeting statutory obligations. Community Engagement As an administrative matter, community engagement is not required. Financial Implications There are no financial implications in adopting the recommendation in this report.

Alexandrina Council


Risk Assessment By approving the appointment of Council representatives as a collective the risk is considered low as requirements have been met. Summary That Council consider and approve the appointment of Council representatives to the advisory groups.

4.11 Items Previously Laid on Table for Consideration










Purpose There was one item previously laid on the table for consideration, that being:

Item 5.2 – Councillor Parkes – Notice of Motion – Council Meetings (from Council Meeting 18 August 2014). Moved Cr Parkes: That Council adopt a policy of two Council meetings per month preceded by an Operations Briefing split between the two meetings. Moved Cr Walker seconded Cr Rusby:

Alexandrina Council


That the Motion that Council adopt a policy of two Council meetings per month preceded by an Operations Briefing split between the two meetings lie on the table.

CARRIED This item is no longer on the table. Recommendation That Council note that the identified item is no longer on the table.

4.12 Council Agenda Format & Distribution of Council Agendas




organisation responsive to community interests.



protecting and enhancing the natural and built environment in an ecologically sustainable manner. Council meetings are a key mechanism by which to support this.

* Social: Council is committed to developing its community in an equitable, ethical and responsible manner by encouraging and developing initiatives for improving the quality of life of the community. Council meetings are a key mechanism by which to support this.

* Economic: Council is committed to sustainable economic development that achieves a balance of economic, social, environmental and cultural aspects.

* Cultural: Council is committed to the vitality that communities and individuals enjoy through participation in recreation, creative and cultural activities; and the freedom to retain, interpret and express their arts, history, heritage and traditions.

Alexandrina Council


Purpose To discuss and support the format for Council Meetings and the electronic distribution of Council Agendas and Minutes. Recommendation 1. That Council endorse the agenda format for Council meetings. 2. That Council endorse the electronic distribution of Council Agendas and Minutes. Background Council has, in the past, held one formal Council Meeting per month. The Agendas for these meetings have been prepared in both Word and PDF format, with the associated attachments being prepared in PDF format. The Council Minutes are also prepared in both Word and PDF format. Discussion The general format for the Council Agenda & associated Minutes has been:

Item Number Heading

1 Confirmation of Minutes

2 Questions without Notice

3 Questions with Notice

4 Notices of Motion

5 Petitions

6 Deputations/Representations

7 Infrastructure & Assets – Reports for Council Decision

8 Engineering & Environment – Reports for Council Decision

9 Organisation & Culture – Reports for Council Decision

10 Office of the Chief Executive – Reports for Council Decision

11 Mayor’s Report

12 Elected Members’ Reports (including verbal updates)

13 Reports from Section 41 Committees of Council

14 Confidential Reports

15 Closure

On average, the size of the agenda has been 70 pages and the attachments have been 150 pages. Council staff, within each Division of Council, are responsible for inputting their items into the Synergy Soft Agenda/Minutes Module and, once finalised, the agenda is “built” and the attachments collated in readiness for distribution.

Alexandrina Council


Council staff use either a short or long format for their reports. A template for the long format is attached. REFER ATTACHMENT 4.12 (page 37) Once finalised, the agenda and attachments are emailed to all Elected Members in readiness for the Council Meeting, at the latest by the Thursday morning prior to the Council Meeting the following Monday. Statutory Responsibilities In accordance with S83 of the Local Government Act 1999, and in the case of an ordinary meeting of Council, the Chief Executive officer must give each member of the council notice of the meeting at least three clear days before the date of the meeting. In the case of a special meeting, the Chief Executive officer must give each member of the council notice of the meeting at least four hours before the commencement of the meeting. Community Engagement The Council Agenda & associated attachments, together with the Council Minutes, are placed on Council’s website. Notices of forthcoming Council meetings are placed on Council’s website together with a listing of future Council meeting dates. Financial Implications There are no financial implications in adopting the recommendation as presented. Risk Assessment When referencing the Alexandrina Council’s Risk Management Matrix and Policy the risk rating associated with the adoption of the recommendation contained in this report is considered to be low as all statutory requirements have been met. Summary That Council supports the practice of the electronic provision of Council Agendas and Attachments and Council Minutes.

Alexandrina Council


4.13 Designated Staff Contacts for Elected Members





* Strategic Priority: Nil Purpose To advise Council of the designated staff contacts as appointed by the Chief Executive in regards to Section 61(2) of the Local Government Act and Sections 2.12 and 2.13 of the Code of Conduct for Council Members. Recommendation That Council note that under Section 61(2) of the Local Government Act 1999, and Sections 2.12 and 2.13 of the Code of Conduct for Council Members, the Chief Executive has nominated the following staff as designated staff Contacts for all Elected Members:-

Victoria MacKirdy, General Manager Organisation & Culture

Neville Styan, General Manager Infrastructure and Assets

Simon Grenfell, General Manager Engineering and Environment Background Under Section 61 (1) of the Local Government Act 1999, Elected Members are entitled at any reasonable time, in connection to their duties as Elected Members of Council, to have access to any relevant council documents. However, under section 61(2) a request for access to a document must be directed to the Chief Executive or another officer specified by the Chief Executive. The Code of Conduct for Council Members under “Relationships with Council Staff” Section 2.12 and 2.13 also states that all requests for work or action by Council staff must be directed to the Chief Executive or their nominated delegate. Elected Members must comply with the provisions of the Code of Conduct in carrying out their functions as public officials. It is the personal responsibility of Elected Members to ensure that they are familiar with, and comply with, the standards in the Code at all times.

Alexandrina Council


A copy of Section 61 of the Local Government Act 1999 and the Code of Conduct for Council Members is attached for Members information. REFER ATTACHMENT 4.13 (page 40) To ensure that there is a clear and consistent process for all Elected Members and in accordance with best practice the Chief Executive has nominated the three (3) General Managers as listed below as the designated contacts for all Elected Members:-



Simon Grenfell, General Manager Engineering and Environment Discussion It is requested that Elected Members do not seek to ask any other staff questions or access to information unless otherwise authorised by the Chief Executive or General Managers. It is also requested that Elected Members endeavour to plan ahead for their requests to access information and make appointments with the Chief Executive and/or General Managers. Elected Members are to direct all requests for work or action by Council staff to the Chief Executive or the General Managers. Statutory Responsibilities By following the directions of the Chief Executive in relation to contact with staff, Council is meeting statutory obligations. Community Engagement As an administrative matter, community engagement is not required. Financial Implications Nil Risk Assessment By following the directions of the Chief Executive in relation to contact with staff, the risk is considered as low as statutory requirements have been met. Summary Under section 61(2) of the Local Government Act 1999, a request for access to a document must be directed to the Chief Executive or another officer specified by the Chief Executive.

Alexandrina Council


The Code of Conduct for Council Members under “Relationships with Council Staff” Section 2.12 and 2.13 also states that all requests for work or action by Council staff must be directed to the Chief Executive or their nominated delegate. This report provides Members with a list of those delegates.

4.14 Acting Chief Executive

File Ref: 9.24.1 Officer Resp. for Report: Victoria MacKirdy (General Manager

Organisation & Culture) Strategic Plan:



* Strategic Priority: Nil Purpose The purpose of this report is to consult with Council on the appointment of suitable person(s) to act in the absence of the Chief Executive as required within the Local Government Act 1999. Recommendation That staff occupying the following positions are endorsed by Council to act in the absence of the Chief Executive:



Simon Grenfell, General Manager Engineering and Environment Background Section 100 of the Act states that in determining the organisational structure of the Council, the Chief Executive may, in consultation with the Council decide whether or not to have a deputy to the Chief Executive. In recent years, and in line with the current organisational structure the Chief Executive has determined not to have a deputy, but rather appoint someone to act in his absence. Section 102 of the Act provides for the Chief Executive to appoint someone to act in their absence. Discussion Section 99 of the Local Government Act 1999 (the Act), details the functions of a Chief Executive Officer, these include:-

Alexandrina Council


(a) to ensure that the policies and lawful decisions of the council are implemented in a timely and efficient manner;

(b) to undertake responsibility for the day-to-day operations and affairs of the council;

(c) to provide advice and reports to the council on the exercise and performance of its powers and functions under this or any other Act;

(d) to co-ordinate proposals for consideration by the council for developing objectives, policies and programs for the area;

(e) to provide information to the council to assist the council to assess performance against its strategic management plans;

(f) to ensure that timely and accurate information about council policies and programs is regularly provided to the council's community, and to ensure that appropriate and prompt responses are given to specific requests for information made to the council;

(g) to ensure that the assets and resources of the council are properly managed and maintained;

(h) to ensure that records required under this or another Act are properly kept and maintained;

(i) to give effect to the principles of human resource management prescribed by this Act and to apply proper management practices;

(j) to exercise, perform or discharge other powers, functions or duties conferred on the chief executive officer by or under this or other Acts, and to perform other functions lawfully directed by the council.

Based on the legislative requirements, it is the desire of the Chief Executive to enact Section 102(b) and appoint a suitable person, in consultation with the Council, to act in the role of the Chief Executive when he is absent. The Chief Executive can be defined as absent when;

Either on leave (sick, annual or long service); or

A specific role/function requires that the Chief Executive be physically present and they cannot (i.e. interstate on business).

To ensure efficiency in the process of appointing someone to act in his absence and the requirement to consult with Council, it is proposed that staff occupying the following positions be endorsed by Council to act in the absence of the Chief Executive:-

Victoria MacKirdy – General Manager Organisation & Culture

Neville Styan – General Manager Assets & Infrastructure

Simon Grenfell – General Manager Engineering & Environment Each of the positions are occupied by senior executives within the organisation. They have been appointed based on suitable skills, knowledge and experience to fulfil the role of a General Manager and if required, to act on behalf of the Chief Executive on a particular matter.

Alexandrina Council


Statutory Responsibilities Section 102 of the Act provides for the Chief Executive to appoint someone to act in their absence and it states:- “In the absence of the chief executive officer, the following provisions apply:-

(a) If there is a deputy to the chief executive officer – the deputy must act in the office of the chief executive officer;

(b) If there is no deputy or the deputy is absent – a suitable person appointed by the chief executive officer after consultation with the council must act in the office;

(c) If a person is not appointed under paragraph (b) – a suitable person must be appointed by the principle member of the council to act in the office (after taking into account the organisational structure of the council);

(d) If a person is not appointed under paragraph (c) - a suitable person must be appointed by any three or more members of the council to act in the office (after taking into account the organisational structure of the council).”

Community Engagement There is no legislative requirement to undertake community engagement in relation to this report item. Financial Implications There is no legislative requirement to undertake community engagement in relation to this report item. Summary This report provides the opportunity for Council to be consulted on the person(s) to act in the absence of the Chief Executive.

5. CLOSURE

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