Town of Bassendean: Agenda
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TOWN OF BASSENDEAN
NOTICE OF A SPECIAL COUNCIL MEETING
Dear Council Member
A Special Meeting of the Council of the Town of Bassendean will be held in accordance with Section 5.4 of the Local Government Act 1995, in the Council Chamber, 48 Old Perth Road, Bassendean, on Tuesday 5 August 2008, commencing at 7.30pm.
The purpose of the meeting is to consider a process to be used for the selection and appointment of a CEO and to consider the application of the Code of Conduct Committee.
Mr G F EVERSHED
CHIEF EXECUTIVE OFFICER
1 August 2008
A G E N D A
1.0 DECLARATION OF OPENING/ANNOUNCEMENT OF VISITORS
2.0 ATTENDANCES, APOLOGIES & APPLICATIONS FOR LEAVE OF ABSENCE
Apologies
Cr M Elgar
Mr Mike Costarella Director Corporate Services
Mr Simon Stewert-Dawkins Director Operational Services
Mr Graeme Haggart Director Community Development
Mrs Samantha Preston and Ms Renae Galambos, Human Resources/Payroll Officers, will be in attendance during discussion on Item 3.1.
3.0 REPORTS
3.1 Recruitment of a New Chief Executive Officer (Ref: Gary Evershed, CEO, Samantha Preston & Renae Galambos, Human Resource Officers)
Report Summary
- The current Chief Executive Officer has tendered his resignation from the position to take up an appointment as the Chief Executive Officer of the Shire of Augusta Margaret River.
- Council needs to determine a process for the selection of the new Chief Executive Officer prior to advertising the position.
- Key recommendations are made for Council consideration in relation to the process to be adopted.
PURPOSE
To adopt a process and make key decisions relating to the appointment of a new CEO.
BACKGROUND
The CEO has decided to make a career and lifestyle choice and has been successful in being appointed the CEO of the Shire of Augusta Margaret River. The CEO advised the Mayor by letter on 17 July of his resignation effective from 15 October 2008.
The Local Government Act requires the Town of Bassendean to approve a process to be used for the selection and appointment of a CEO for the local government before the position of CEO of the local government is advertised.
RELEVANT LAW AND POLICY
Local Govt Act 1995 (Relevant sections)
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.
* Absolute majority required.
(4) If the position of CEO of a local government becomes vacant, it is to be advertised by the local government in the manner prescribed, and the advertisement is to contain such information with respect to the position as is prescribed.
5.39. Contracts for CEO’s 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.
(1a) Despite subsection (1) —
(a) an employee may act in the position of a CEO or a senior employee for a term not exceeding one year without a written contract for the position in which he or she is acting; and
(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;
(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 report made by the Salaries and Allowances Tribunal, under section 7A of the Salaries and Allowances Act 1975, containing recommendations as to the remuneration to be paid or provided to a CEO is to be taken into account by the local government before entering into, or renewing, a contract of employment with a CEO.
[Section 5.39 amended by No. 49 of 2004 s. 46(1)‑(3).]
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;
(b) no power with regard to matters affecting employees is to be exercised on the basis of nepotism or patronage;
(c) employees are to be treated fairly and consistently;
(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;
(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.
Local Government (Administration) Regulations 1996 (Relevant sections)
18A. Advertisement for position of CEO or senior employee — s. 5.36(4) and 5.37(3)
(1) If a position of CEO, or of senior employee, of a local government becomes vacant, the local government is to advertise the position—
(a) on a notice board exhibited to the public at the local government’s offices, if the position is—
(i) to be filled on a part time basis by a person who is also employed by another local government; or
(ii) an acting position for a term not exceeding one year;
or
(b) otherwise, in a newspaper circulating generally throughout the State.
(2) An advertisement referred to in sub regulation (1) is to contain —
(a) the details of the remuneration and benefits offered;
(b) details of the place where applications for the position are to be submitted;
(c) the date and time for the closing of applications for the position;
(d) the duration of the proposed contract;
(e) contact details for a person who can provide further information about the position; and
(f) any other information that the local government considers is relevant.
[Regulation 18A inserted in Gazette 31 Mar 2005 p. 1037-8; amended in Gazette 19 Aug 2005 p. 3872.]
18B. Matters to be included in contracts for CEO’s and senior employees — s. 5.39(3)(c)
For the purposes of section 5.39(3)(c), a contract governing the employment of a person who is a CEO, or a senior employee, of a local government is to provide for a maximum amount of money (or a method of calculating such an amount) to which the person is to be entitled if the contract is terminated before the expiry date, which amount is not to exceed whichever is the lesser of—
(a) the value of one year’s remuneration under the contract; or
(b) the value of the remuneration that the person would have been entitled to had the contract not been terminated.
[Regulation 18B inserted in Gazette 13 May 2005 p. 2086.]
18C. Selection and appointment process for CEO’s
The local government is to approve a process to be used for the selection and appointment of a CEO for the local government before the position of CEO of the local government is advertised.
[Regulation 18C inserted in Gazette 31 Mar 2005 p. 1038.]
18E. Offence to give false information in application for employment with local government
A person must not, in connection with an application for the position of CEO of a local government—
(a) make a statement, or give any information, as to academic, or other tertiary level, qualifications held by the applicant that the person knows is false in a material particular; or
(b) make a statement, or give any information, as to academic, or other tertiary level, qualifications held by the applicant which is false or misleading in a material particular, with reckless disregard as to whether or not the statement or information is false or misleading in a material particular.
Penalty: $5,000.
[Regulation 18E inserted in Gazette 31 Mar 2005 p. 1038-9; amended in Gazette 19 Aug 2005 p. 3872.]
18F. Remuneration and benefits of CEO to be as advertised
The remuneration and other benefits paid to a CEO on the appointment of the CEO are not to differ from the remuneration and benefits advertised for the position under section 5.36(4).
[Regulation 18F inserted in Gazette 31 Mar 2005 p. 1039.]
CONSULTATION
To assist in the recruitment process, the CEO authorised the HR Officers to obtain four quotations from prospective recruitment consultants and to obtain a draft contract of employment from McLeods Solicitors.
SUSTAINABILITY & STRATEGIC PLAN ALIGNMENT
In carrying out its functions a local government is to use its best endeavours to meet the needs of current and future generations through an integration of environmental protection, social advancement and economic prosperity. (Section 1.3 of the Local Government Act).
This report has a high strategic impact.
The CEO position is a key pivotal position in the organisation and the recruitment and appointment of a CEO is a high level responsibility of the Council.
RISK MANAGEMENT
Council will minimise risk if it complies with all legislative requirements listed above and ensures that the best available candidate is selected on merit using the selection criteria contained in the position description. It is strongly recommended that an external consultant be appointed to assist Council in managing the process to avoid any pitfalls. Additionally it is essential that all information about the names of candidates and the process is treated as strictly confidential as a breach of confidentiality has the potential to cause a detriment to a person in his or her career and their relationship with their Council or employer.
OPTIONS
The Town must meet legislative requirements in relation to the advertising, selection an appointment of a new CEO. Key decisions in the process are listed in the next section with recommendations at the end of the report.
COMMENT
The Town of Bassendean is to approve a process to be used for the selection and appointment of a CEO for the local government before the position of CEO of the local government is advertised.
Key decisions needing to be made were outlined questions raised in the CEO’s report to the July OCM. The Town’s HR Officers assisted by the CEO discuss each question individually in the following information for consideration and decision.
Key decisions needing to be made include:
1. The advertised salary range and the salary package benefits to be paid to the CEO such as vehicle and superannuation and other benefits.
It is a legislative requirement that a report made by the Salaries and Allowances Tribunal, containing recommendations as to the remuneration to be paid or provided to a CEO is to be taken into account by the local government before entering into a contract of employment with a CEO. Additionally a Council must ensure that the remuneration and other benefits paid to a CEO on the appointment of the CEO are not to differ from the remuneration and benefits advertised for the position
In accordance with the Salaries and Allowance Tribunal Report under Section 7A of the Salaries and Allowances Act 1975, Local Government Chief Executive Officers the recommended salary band for the Town of Bassendean CEO’s salary is Band 5, $149,691 - $202,303.
The Council adopted a policy in March 2008 as follows:
1.8.16 SETTING OF CEO SALARIES (A) (OCM – 55/03/08)
OBJECTIVE
To establish realistic financial parameters within to remunerate the Town’s Chief Executive Officer taking into account the Salaries and Allowances Tribunal’s recommended salary ranges and the Town’s capacity to pay.
POLICY
The Town’s Chief Executive Officer shall be paid an annual salary package based on the Salaries and Allowances Tribunal’s recommended salary package range for level five local governments. As a guide, the total remuneration package shall be negotiated at or near the bottom of the range for a new or inexperienced CEO or a CEO promoting from a lesser SAT level Council and using the midpoint of the salary range as a guide for the ceiling of the maximum salary for experienced CEOs.
APPLICATION
The Local Government Act specifies that a report made by the Salaries and Allowances Tribunal, under section 7A of the Salaries and Allowances Act 1975, containing recommendations as to the remuneration to be paid or provided to a CEO is to be taken into account by the local government before entering into, or renewing, a contract of employment with a CEO.
The mid point of the salary range from $149,691 - $202,303 is $175,997. Rounding upwards is it therefore recommended that the advertised salary package range be $150,000 - $180,000 inclusive of base salary, private use of an executive vehicle, 9% superannuation and $1,200 for membership of professional associations. An annual training allowance of $6,000 should be considered separately as it is not part of the calculation for a salary package by the SAT.
2. Whether relocation expenses are to be met.
Approximate costs for relocation are
Local $3,000 - $7,000
Country $4,000 - $8,000
Interstate $5,000 - $15,000
Council can approve the following:
1. Salary Sacrifice repayment to Council of relocation costs; or
2. Reimbursement after a period of time of full relocation cost or a portion of the cost, eg, paid after 6 months
Recommendation: The preferred option is number 2 as it best protects the interest of the Town.
3. The position description and selection criteria to be used.
Recommendation: That Council adopts the attached Position Description.
It is to be noted that the Selection Criteria within in the position description are used by the panel to select the successful applicant based on merit.
4. The term of contract offered
Under legislation, contracts for CEO’s cannot exceed 5 years. Timing of Local Government elections when establishing and finalising the contract for the successful applicant should be considered by Council. For flexibility the position should be advertised as a 3-5 year offer.
5. Whether an external consultant will be appointed to assist with the short listing and processing of applications, referee checks, and management of the process from start to finish to ensure that the Council acts lawfully in its deliberations and decision making.
A Consultant’s brief was provided to:
- WALGA
- LOGO Appointments
- IPA Personnel
- BEILBY
In response to a request for quotation for consultants to assist in the recruitment process for the employment of a CEO; four offers were obtained prior to 2.00pm on Wednesday 29 July 2008 from WALGA, BEILBY, LOGO and IPA.
The request for quotation evaluation panel consisted of the two Human Resource Officers who assessed all requests for quotation against the selection criteria and are recommending WALGA Workplace Solutions be appointed due to their competitive price.
The following table represents an assessment of each quotation against the qualitative and price criteria.
|
|
<1> |
<2> |
<3> |
|
Selection Criteria |
Item |
Relevant |
Skills & |
Lump Sum Fee |
Total Weighted |
and Weighting |
|
Experience |
Experience |
|
Score |
|
|
20% |
20% |
60% |
100% |
|
|
|
|
|
|
WALGA |
Score/20 |
17 |
17 |
18 |
|
|
Percentage |
17.00 |
17.00 |
54 |
88.00 |
|
|
|
|
|
|
BEILBY |
Score/20 |
17 |
17 |
8 |
|
|
Percentage |
17.00 |
17.00 |
24 |
58.00 |
|
|
|
|
|
|
LOGO |
Score/20 |
17 |
17 |
14 |
|
|
Percentage |
17.00 |
17.00 |
42 |
76.00 |
|
|
|
|
|
|
IPA |
Score/20 |
10 |
10 |
10 |
|
|
Percentage |
10.00 |
10.00 |
30.00 |
50.00 |
|
|
|
|
|
|
|
|
|
|
|
|
Index:
- Organisation Relevant Experience (20% weighting)
- Staff Skills – Experience & Understanding
of Requirements (20% weighting)
- Lump Sum (60% Weighting)
Qualitative Criteria
Selection Criteria 1: Organisation Relevant Experience (20% weighting)
IPA did not provide enough information within their response to this criteria and were accordingly rated lower. All other quotes were rated identical.
Selection Criteria 2: Skills & Experience (20% weighting)
IPA did not provide enough information within their response to this criteria and were accordingly rated lower; all other quotes were rated identical.
Quantitative Criterion
Selection Criteria 3: Lump Sum (60% Weighting)
The Quantitative Criterion is designed to represent the value of the service offered to Council. The offered prices indicate the cost per item. It is then possible to compare the value against the cost to determine the contractor offering the best value service for cost to meet the Towns’ needs.
The following table represents a summary of all quoted prices for the overall period of the contract:
WALGA |
Proposed fixed fee of $5,500, including GST
|
BEILBY |
Total cost of $23,032
|
LOGO |
10% of Cash component of Salary, approximately $12,000
|
IPA |
10% of total remuneration package, approximately $12,000
|
It is recommended that WALGA Workplace Solutions be appointed as they have the capability to do the job but are the most cost effective quotation.
6. The appointment of solicitors to prepare a draft contract for the incoming CEO.
McLeods Solicitors are the Town’s preferred supplier for legal services and have indicated that they are able to provide the Town with the following:
- Confidentiality Agreement – to be signed by all staff and Councillors involved in the recruitment process; and
- Draft confidential employment contract has been distributed to Councillors.
7. The date of the advertising of the position and the scope of advertising to meet statutory obligations but also to attract the widest range of applicants.
The following timeline has been developed for the recruitment process.
INDICATIVE DATE |
RECRUITMENT TASK |
Tuesday 5 August 2008 |
Special Meeting of Council to approve the process for the selection and appointment of a Chief Executive Officer. |
Saturday 16 August 2008 |
First advertisement placed in the Professional section of The West Australian Newspaper. Closing date to be in three weeks COB on 8/9/08. |
Saturday 23 August 2008 |
Second advertisement placed in the Professional section of The West Australian Newspaper. Closing date to be in two weeks COB on 8/9/08. |
Monday 5pm 8 September 2008 |
Closing date for all applications COB on 8/9/08. |
9 September to 26 September 2008 |
Applications are shortlisted and Recruitment Consultant conducts preliminary interviews as required. |
30 September 2008 |
Consultant provides recommended shortlist of 6 applicants to Special Council Meeting for Council to approve shortlist of applicants for interview. |
30 September to 3 October 2008 |
Recruitment Consultant conducts reference checks. |
Saturday 4 October 2008 |
Shortlisted candidates attend an interview with Councillors at the Town of Bassendean. 9am to 5pm. |
Tuesday 7 October 2008 |
Special Meeting of Council to review interviewed candidates against selection criteria and endorse preferred applicant. |
Wednesday 8 October to Friday 17 October 2008 |
Negotiations commence with preferred candidate to finalise contract. Preferred candidate obtains police clearance and pre placement medical examination prior to appointment |
23 October & 24 October 2008 |
Contract finalised and confidential report prepared for distribution on 24 October. |
28 October 2008 |
OCM Council appoints new CEO |
February 2009 |
New Chief Executive Officer normally required to give three months notice. Successful applicant to commence in late January or early of February 2009. |
8. The closing date of applications.
Closing date for all applications COB on 8/9/08.
9. Who can be contacted to provide more information about the job for prospective candidates.
The successful recruitment consultant will be the initial contact for applicants, however, the Mayor in her role of speaking on behalf of Council, will be a point of contact for applicants seeking further information about the position and will be the nominated contact required in the advertisement as the CEO will be on Annual Leave from 22 August 2008.
10. Who will shortlist the applicants for interview and who will keep the required records to meet best practice HR standards.
The appointed recruitment provider will provide a list of all applicants for Council and a summary of recommended short list of 6 applicants for interview for Council’s consideration and finalisation.
11. The timeframe for short-listing and for the conducting of interviews.
It is recommended that the recruitment consultant will conduct preliminary interviews if required, short-listing and reference checks. A recommendation will then be made to Council on all applications and the preferred candidates (maximum of 6 applicants) for interview with Councillors.
12. Whether short listing and interviews will be conducted by a panel of Councillors or by the whole Council.
Council has two options:
- Nominate selected members to form a recruitment panel/committee for interviews, plus recruitment consultant; or
- All Councillors to participate in the interviews.
Recommendation is that the whole Council will participate in the interview process.
13. Who will be authorised to negotiate with the preferred applicant to finalise the offer and the candidate’s likely acceptance prior to the official appointment at a Council meeting.
It is recommended that Council’s solicitors will assist the Mayor and Deputy Mayor to jointly negotiate with the preferred candidate to finalise the employment contract for Council’s endorsement.
14. How the confidentiality of the process will be maintained and what legal undertakings will be required by Councillors in the process.
As previously stated, all Councillors and relevant staff & Recruitment Consultant involved in the recruitment process should sign a Confidentiality Agreement. This is now standard practice in CEO recruitment in local government as breach of confidentiality is a serious problem across the industry with CEO appointments.
15. How will the unsuccessful applicants be notified and what feedback mechanisms will be offered for unsuccessful candidates.
The Recruitment Consultant will provide feedback to all applicants.
16. What will be the timeframe for finalisation of the process and the appointment of the new CEO.
It is anticipated that a new CEO will be appointed and commence in late January or before February 2009.
17. What acting arrangements will be put in place for an Acting CEO while the CEO is on leave and prior to the commencement of the new CEO.
Council Policy is as follows:
1.8.2 ACTING CHIEF EXECUTIVE OFFICER POSITION
OBJECTIVE
To establish guidelines for filling the position of Acting Chief Executive Officer when the CEO is on leave or during periods of unforeseen prolonged absence.
POLICY
The Council will appoint an Acting Chief Executive Officer to fulfil the duties and exercise the powers of the Chief Executive Officer in periods of annual leave and during periods of unforeseen prolonged absence of the Chief Executive Officer. The appointment will be made from the Executive Officers of the Council on a rotational basis in accordance with the length of service in the Town’s employment.
It is anticipated that there may be up to six months between the time the current CEO, Mr Gary Evershed takes leave and a three day training course from 22 August prior to the commencement of a new CEO. Therefore three options are available to Council:
- Appoint a single Director as Acting CEO,
- Appoint Directors on a rotational basis of say two months each, or
- Appoint an external party to be the Acting CEO such as a recently retired CEO with vast experience in the industry.
Directors were invited by the CEO to nominate their interest in Acting in the CEO position during the recruitment process. Graeme Haggart indicated that he would be interested in option 1 or 2. Michael Costarella and Simon Stewert-Dawkins indicated their interest in option 2 only.
There are advantages and disadvantages for each option. Having one Director in the position for the duration means that the workload of that Directorate requires back filling and a loss of momentum and achievement of objectives may result. An advantage is that it gives valuable acting experience in a higher capacity for the individual which improves the capacity of the organisation. It may be marginally cheaper than an external acting appointment as higher duties wages are payable.
The rotation of Directors for two months each through the position means that all Directorates share in the coverage and no section of the organisation is disadvantaged more than any other. All Directors improve their capacity by taking on greater responsibility and that improves the organisation’s capability.
An experienced external CEO may be able to make a significant contribution to the organisation and not just be in a caretaker mode. He or she with fresh eyes could recognise improvements that can be made and implement those whilst they are in the position. In addition, they would have experience in difficult governance situations which could benefit the Town in working through any difficult governance issues which are current or which may arise in the future.
For example, Mr David Vaughan recently retired from the Shire of Kalamunda and has indicated that he is prepared to take on short term contracts, such as Acting CEO positions. Mr Vaughan was the CEO of Kalamunda from the early 1990’s and has a sound reputation in the industry for his expertise and knowledge. There are also other excellent recently retired CEO’s who could fill the breach and the LGMA would be a source of further contacts for consideration.
If Council requires an external CEO, it could obtain expressions of interest from experienced recently retired CEOs with a view to consideration and appointment of an Acting CEO at the August OCM.
OFFICER RECOMMENDATION – ITEM 3.1
That Council:
1. Advertises the salary package for the CEO position in the range $150,000 - $180,000 inclusive of base salary, private use of a vehicle, 9% superannuation, $1,200 for membership of professional associations and other incidental salary components plus an annual professional development allowance of $6,000;
2. Agrees to reimburse the appointed CEO for any relocation expenses to a maximum value of $10,000 after the CEO has been in the Town’s employment for six months;
3. Adopts the position description for the CEO position and notes the selection criteria which will be used to evaluate the applicants’ suitability and merit for the position;
4. Advertises the CEO performance based contract for a period of 3 to 5 years;
5. Appoints WALGA Workplace Solutions as the recruitment consultants to assist Council in the selection and appointment of a new CEO for a fee of $5,500, inclusive of GST, to be funded by an over budget expenditure; (Absolute Majority Required)
6. Requires participating Councillors to sign a confidentiality agreement not to disclose the names of applicants or any other confidential information prior to the Council resolution to appoint the CEO;
7. Endorses the draft Employment Contract to be used as a negotiating document with the preferred applicant prior to a final version being presented to Council for adoption at the same time the CEO is appointed by Council resolution;
8. Approves the following process for the selection and appointment of a CEO prior to the position being advertised:
INDICATIVE DATE |
RECRUITMENT TASK |
Tuesday 5 August 2008 |
Special Meeting of Council to approve the process for the selection and appointment of a Chief Executive Officer. |
Saturday 16 August 2008 |
First advertisement placed in the Professional section of The West Australian Newspaper. Closing date to be in three weeks COB on 8/9/08. |
Saturday 23 August 2008 |
Second advertisement placed in the Professional section of The West Australian Newspaper. Closing date to be in two weeks COB on 8/9/08. |
Monday 5pm 8 September 2008 |
Closing date for all applications COB on 8/9/08. |
9 September to 26 September 2008 |
Applications are shortlisted and Recruitment Consultant conducts preliminary interviews as required. |
Tuesday 30 September 2008 |
Consultant provides recommended shortlist of 6 applicants to Special Council Meeting for Council to approve shortlist of applicants for interview. |
30 September to 3 October 2008 |
Recruitment Consultant conducts reference checks. |
Saturday 4 October 2008 |
Shortlisted candidates attend an interview with Councillors at the Town of Bassendean. 9am to 5pm. |
Tuesday 7 October 2008 |
Special Meeting of Council to review interviewed candidates against selection criteria and endorse preferred applicant. |
Wednesday 8 October to Friday 17 October 2008 |
Negotiations commence with preferred candidate to finalise contract. Preferred candidate obtains police clearance and pre placement medical examination prior to appointment |
23 October & 24 October 2008 |
Contract finalised and confidential report prepared for distribution on 24 October. |
28 October 2008 |
OCM Council appoints new CEO |
February 2009 |
New Chief Executive Officer normally required to give three months notice. Successful applicant to commence in late January or early of February 2009. |
9. Notes that the Consultant firstly and then the Mayor, in her role of speaking on behalf of Council, will be a point of contact for applicants seeking further information about the position;
10. Adopts a process that all Councillors are involved in the interviewing of short listed candidates;
11. Authorises the Mayor and Deputy Mayor to jointly negotiate with the preferred candidate assisted by Council’s solicitors to finalise the employment contract for Council endorsement at the meeting where the new CEO is appointed; and
12. Determines how they wish to fill the Acting CEO position from the three options available.
13. Notes that the resolution to appoint a new CEO should include the words:
That 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.
(* Absolute majority required.)
3.2 Application of the Code of Conduct for Councillors and Committee Members (Ref: GOVN/REPRTNG/1 - Gary Evershed, CEO)
Report Summary
- Council adopted the Code of Conduct for Councillors and Committee Members in May 2008.
- Issues have arisen relating to the application of the Code of Conduct.
- Council resolved at its meeting in July 2008 to consider this matter at a Special Meeting of Council.
PURPOSE
To consider the best way to apply the Code of Conduct.
The CEO strongly advises that this matter be discussed behind closed doors in accordance with Section 5.23 of the Local Government Act, as it contains the personal affairs of a person.
5.0 CLOSURE
