Town of Bassendean: Minutes
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TOWN OF BASSENDEAN
MINUTES
SPECIAL COUNCIL MEETING
HELD IN THE COUNCIL CHAMBER, 48 OLD PERTH ROAD, BASSENDEAN
ON TUESDAY 5 AUGUST 2008 AT 7.30PM
1.0 DECLARATION OF OPENING/ANNOUNCEMENT OF VISITORS
Her Worship the Mayor declared the meeting open and welcomed all those in attendance.
2.0(a) ATTENDANCES, APOLOGIES & APPLICATIONS FOR LEAVE OF ABSENCE
Councillors
Her Worship the Mayor, Cr Tina Klein
Cr John Gangell, Deputy Mayor
Cr Anne Brinkworth
Cr Michelle Stubbs
Cr Chris Merfield (from 7.32pm)
Cr Lynda Butler
Cr Sam Piantadosi
Cr Gerry Pule
Officers
Mr Gary Evershed Chief Executive Officer
Mrs Samantha Preston HR/Payroll Officer (until 10.00pm)
Ms Renae Galambos HR/Payroll Officer (until 10.00pm)
Mrs Cathy Muraszko Minute Secretary
Apologies
Cr M Elgar
Mr Mike Costarella Director Corporate Services
Mr Simon Stewert-Dawkins Director Operational Services
Mr Graeme Haggart Director Community Development
COUNCIL RESOLUTION – ITEM 2.0
SCM – 1/08/08 MOVED Cr Pule, Seconded Cr Butler, that item 4.0 - Public Question Time be renumbered Item 2.0(b).
CARRIED UNANIMOUSLY 8/0
2.0(b) PUBLIC QUESTION TIME
Nil.
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.
Cr Gangell left the Chamber, the time being 8.24pm and returned at 8.26pm.
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.)
The Mayor agreed to separate points 1-13 of Item 3.1 to be voted on separately.
COUNCIL RESOLUTON - OFFICER RECOMMENDATION – ITEM 3.1(a)
SCM – 2/08/08 MOVED Cr Pule, Seconded Cr Stubbs, that Council 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.
CARRIED UNANIMOUSLY 8/0
The CEO left the Chamber, the time being 8.38pm and returned at 8.39pm.
COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 3.1(b)
SCM – 3/08/08 MOVED Cr Merfield, Seconded Cr Pule, that Council 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.
CARRIED 7/1
Crs Klein, Gangell, Stubbs, Merfield, Butler, Piantadosi and Pule voted in favour of the motion. Cr Brinkworth voted against the motion.
COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 3.1(c)
SCM – 4/08/08 MOVED Cr Stubbs, Seconded Cr Brinkworth, that Council adopts the position description for the CEO position and notes the selection criteria which will be used to evaluate the applicant’s suitability and merit for the position.
CARRIED UNANIMOUSLY 8/0
OFFICER RECOMMENDATION – ITEM 3.1(d)
That Council advertises the CEO performance based contract for a period of 3 to 5 years;
A minor amendment was made to reword the following Officer Recommendation to clarify that the 3-5 year period relates to the contract term rather than the period for which it is advertised.
COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 3.1(d)
SCM – 5/08/08 MOVED Cr Brinkworth, Seconded Cr Pule, that Council includes in the advertisement for the position, that the CEO performance based contract is for a period of 3 to 5 years.
CARRIED UNANIMOUSLY 8/0
Her Worship the Mayor adjourned the meeting, the time being 8.58pm.
Her Worship the Mayor resumed the meeting, the time being 9.06pm with Crs Klein, Gangell, Brinkworth, Merfield, Butler, Piantadosi and Pule in attendance.
Cr Stubbs returned to the Chamber, the time being 9.07pm.
The HR/Payroll Officers returned to the Chamber, the time being 9.12pm and tabled information on several consultants’ profiles.
OFFICER RECOMMENDATION – ITEM 3.1(e)
That Council 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)
Following discussion on other possible options of recruitment consultants, Council agreed to defer the appointment pending further research on this matter.
COUNCIL RESOLUTION – ITEM 3.1(e)
SCM – 6/08/08 MOVED Cr Butler, Seconded Piantadosi, that Council defers the appointment of a recruitment consultant pending the receipt of further expressions of interest which are to include the cost.
CARRIED 6/2
Crs Gangell, Brinkworth, Stubbs, Butler, Piantadosi and Pule voted in favour of the motion. Crs Klein and Merfield voted against the motion.
COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 3.1(f)
SCM – 7/08/08 MOVED Cr Stubbs, Seconded Cr Pule, that Council 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;
CARRIED UNANIMOUSLY 8/0
OFFICER RECOMMENDATION – ITEM 3.1(g)
That Council 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
Councillors felt that they needed more time to digest the document and to compare the current contract with the proposed.
COUNCIL RESOLUTION – ITEM 3.1(g)
SCM – 8/08/08 MOVED Cr Piantadosi, Seconded Cr Butler that this item be deferred to be considered at a later date.
CARRIED 6/2
Crs Gangell, Brinkworth, Stubbs, Butler, Piantadosi and Pule voted in favour of the motion. Crs Klein and Merfield voted against the motion.
OFFICER RECOMMENDATION – ITEM 3.1(h)
That Council 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. |
As the appointment of the consultant had been deferred the timeframes had been thrown out, Councillors were concerned that the schedule of dates and recruitment tasks would need to be re-presented for adoption.
COUNCIL RESOLUTION – ITEM 3.1(h)
SCM – 9/08/08 MOVED Cr Gangell, Seconded Cr Pule, that Council defers the approval of the process for the selection and appointment of a CEO which is required prior to the position being advertised to a Special Council Meeting to be held on Tuesday 19 August 2008.
CARRIED UNANIMOUSLY 8/0
COUNCIL RESOLUTION – ITEM 3.1(i)
SCM – 10/08/08 MOVED Cr Stubbs, Seconded Cr Butler that all items deferred at this evening’s meeting be returned to Council at a Special Council meeting to be held prior to the Standing Committee meeting on 19 August 2008.
CARRIED UNANIMOUSLY 8/0
Cr Piantadosi left the Chamber, the time being 9.40pm and returned at 9.42pm.
A minor amendment was made to the Officer Recommendation to remove reference to the Mayor as being a point of contact, as highlighted in bold below.
COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 3.1(j)
SCM – 11/08/08 MOVED Cr Gangell, Seconded Cr Stubbs, that Council notes that the Consultant will be the sole point of contact for applicants seeking further information about the position, and if necessary, the Consultant will seek further information from the Mayor.
CARRIED UNANIMOUSLY 8/0
A minor amendment was made to the Officer Recommendation to include input from Mr Ron Back, as highlighted in bold below.
COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 3.1(k)
SCM – 12/08/08 MOVED Cr Stubbs, Seconded Cr Brinkworth, that Council adopts a process that all Councillors are involved in the interviewing of short listed candidates with input from Mr Ron Back.
CARRIED UNANIMOUSLY 8/0
COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 3.1(l)
SCM – 13/08/08 MOVED Cr Brinkworth, Seconded Cr Stubbs, that Council 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.
CARRIED UNANIMOUSLY 8/0
OFFICER RECOMMENDATION – ITEM 3.1(m)
That Council determines how it wishes to fill the Acting CEO position from the three options available.
COUNCIL RESOLUTION - RECOMMENDATION – ITEM 3.1(m)
SCM – 14/08/08 MOVED Cr Gangell, Seconded Cr Piantadosi, that Council appoints Mr Graeme Haggart as Acting CEO from 23 August 2008 and that a report come back to Council at a Special Council meeting on other possible acting options.
CARRIED UNANIMOUSLY 8/0
COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 3.1(n)
SCM – 15/08/08 MOVED Cr Stubbs, Seconded Cr Butler, that Council 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.
CARRIED UNANIMOUSLY 8/0
Her Worship the Mayor adjourned the meeting, the time being 10.00pm.
The HR/Payroll Officers left the Chamber, the time being 10.00pm and did not return.
Her Worship the Mayor reconvened the meeting, the time being 10.04pm with all Councillors present.
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.
The CEO strongly advised 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.
COUNCIL RESOLUTION – ITEM 3.2(a)
SCM – 16/08/08 MOVED Cr Piantadosi, Seconded Cr Pule, that the meeting be closed to members of the public in accordance with Section 5.23(2)(e) of the Local Government Act 1995, the time being 10.04pm.
CARRIED UNANIMOUSLY 8/0
Declarations of Interest
Crs Pule, Piantadosi, Butler, Stubbs and Klein made the following disclosure of interest:
“With regard to the application of the Code of Conduct report in item 14.2, I disclose that I have a matter to be considered by the Code of Conduct Committee. As a consequence, there may be a perception that my impartiality on the matter may be affected, however, I declare that I will consider the matter on its merits and vote accordingly and impartially.”
Cr Gangell made the following disclosure:
“With regard to the application of the Code of Conduct report in item 14.2, I disclose that I have been in email communication in relation to the Code of Conduct Committee. As a consequence, there may be a perception that my impartiality on the matter may be affected, however, I declare that I will consider the matter on its merits and vote accordingly and impartially.”
COUNCIL RESOLUTION – ITEM 3.2(b)
SCM – 17/08/08 MOVED Cr Butler, Seconded Cr Piantadosi, that Council seeks further advice from the Department of Local Government and Regional Development as to a number of matters discussed at the Ordinary Council Meeting of 22 July 2008 as follows:
- Ensuring that confidentiality has been maintained through the process and that Council is able to proceed with the convening of a Code of Conduct Committee,
- That written advice be received from the Officer of the Department as previously requested,
- That the Department be furnished with a copy of the CEO’s report to the Ordinary Council Meeting of 22 July 2008, and
- That Council requests advice from a Department Officer as to the best way to proceed with the adjudication of the issues under consideration and whether they would be able to provide specific advice on the matters under consideration.
CARRIED 7/1
Crs Gangell, Brinkworth, Stubbs, Merfield, Butler, Piantadosi and Pule voted in favour of the motion. Cr Klein voted against the motion.
COUNCIL RESOLUTION – ITEM 3.2(c)
SCM - 18/08/08 MOVED Cr Piantadosi, Seconded Cr Pule, that the meeting proceeds with open doors, the time being 10.28pm.
CARRIED UNANIMOUSLY 8/0
As no members of the public were in the Chamber, the reading aloud of the motions passed behind closed doors was dispensed with.
Public question time was moved to the beginning of the meeting by resolution of Council and in accordance with the Regulations.
5.0 CLOSURE
There being no further business, the Mayor declared the meeting closed, the time being 10.30pm.
