Minutes
OF Special
COUNCIL MEETING
HELD ON
Tuesday 8 May 2018
AT 6.30pm
In Council Chamber, 25 Ferres Boulevard, South Morang
Special Council Minutes Tuesday 8 May 2018
COUNCILLORS
KRIS PAVLIDIS MAYOR, SOUTH WEST WARD
LAWRIE COX SOUTH WEST WARD
STEVAN KOZMEVSKI SOUTH WEST WARD
CAZ MONTELEONE SOUTH WEST WARD
EMILIA LISA STERJOVA DEPUTY MAYOR, NORTH WARD
TOM JOSEPH NORTH WARD
RICKY KIRKHAM NORTH WARD
SAM ALESSI SOUTH EAST WARD
ALAHNA DESIATO SOUTH EAST WARD
NORM KELLY SOUTH EAST WARD
MARY LALIOS SOUTH EAST WARD
Special Council Minutes Tuesday 8 May 2018
SENIOR OFFICERS
SIMON OVERLAND CHIEF EXECUTIVE OFFICER
RUSSELL HOPKINS DIRECTOR COMMUNITY SERVICES
STEVE O’BRIEN DIRECTOR PLANNING AND MAJOR PROJECTS
NICK MANN DIRECTOR CITY TRANSPORT & PRESENTATION
HELEN SUI DIRECTOR CORPORATE SERVICES
LIANA THOMPSON DIRECTOR PARTNERSHIPS & ENGAGEMENT
MICHAEL TONTA MANAGER GOVERNANCE
Special Council Minutes Tuesday 8 May 2018
ORDER OF BUSINESS
The Chief Executive Officer submits the following business:
1.1 MEETING OPENING AND PRAYER
1.2 ACKNOWLEDGMENT OF TRADITIONAL OWNERS STATEMENT
4.1 Request Appointment of a Muncipal Monitor
Note:
In these Minutes, Resolutions adopted by Council are indicated in bold text.
1. Opening
1.1 MEETING OPENING AND PRAYER
The Chief Executive Officer opened the meeting with a prayer at 6.30pm.
1.2 ACKNOWLEDGMENT OF TRADITIONAL OWNERS STATEMENT
On behalf of the City of Whittlesea the Mayor recognised the rich Aboriginal heritage of this country and acknowledged the Wurundjeri Willam Clan as the Traditional Owners of this place.
Members:
Cr Kris Pavlidis Mayor (South West Ward)
Cr Lawrie Cox Councillor (South West Ward)
Cr Stevan Kozmevski Councillor (South West Ward)
Cr Caz Monteleone Councillor (South West Ward)
Cr Emilia Lisa Sterjova Deputy Mayor (North Ward)
Cr Tom Joseph Councillor (North Ward)
Cr Ricky Kirkham Councillor (North Ward)
Cr Norm Kelly Councillor (South East Ward)
Cr Sam Alessi Councillor (South East Ward)
Cr Alahna Desiato Councillor (South East Ward)
Officers:
Mr Simon Overland Chief Executive Officer
Mr Steve O'Brien Director Planning and Major Projects
Mr Russell Hopkins Director Community Services
Mr Nick Mann Director City Transport & Presentation
Ms Helen Sui Director Corporate Services
Ms Liana Thompson Director Partnerships & Engagement
Mr Michael Tonta Manager Governance
2. Apologies
An apology was received on behalf of Councillor Lalios for this meeting. |
Council Resolution Moved: Cr Kelly Seconded: Cr Kirkham
THAT Councillor Lalios’ apology be accepted. Carried |
Division Immediately after the motion was voted on, Cr Kirkham called for a division which resulted in the following votes being recorded. |
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For Cr Pavlidis Cr Kozmevski Cr Kirkham Cr Alessi Cr Kelly Cr Monteleone Cr Desiato Cr Sterjova Cr Joseph |
Against Nil |
Abstained Cr Cox |
Based on the votes cast during the Division, the motion was carried. carried |
3. Declarations of Interest
NIL
4.1 Request Appointment of a Muncipal Monitor
Author: Cr Alahna Desiato, Cr Ricky Kirkham and Cr Monteleone
Councillors Desiato, Kirkham and Monteleone have given notice under section 84(1) of the Local Government Act 1989 that a Special Meeting of Council has been called for 6:30pm on Tuesday 8 May 2018 to consider an item of business relating to a request to appoint a municipal monitor.
PREAMBLE
A Municipal Monitor is requested to assist Whittlesea City Council over the coming 18 months in improving governance and transparency.
Recent media reporting of Council’s performance undermines public confidence in our ability to effectively govern.
As a growing municipality, Whittlesea City Council, Councillors and Staff must focus on meeting the strategic challenges facing our community in the short and long term.
The leadership provided by Council must be inclusive and respectful of the principles of democracy – whilst promoting an environment where a range of views are respected and tolerated.
Councillors must work collectively in shaping decisions that restore our reputation as a policy and strategic leader in the local government sector.
Without the appointment of a Municipal Monitor, Whittlesea City Council is at risk of becoming increasingly dysfunctional and unworkable.
THAT Council resolve to request the Minister for Local Government to appoint a Municipal Monitor for a period of 18 months. The Monitor is requested to review and report on the following areas: a) Council governance processes and practices; and b) Provide advice to Whittlesea City Council about governance improvements Council should make. |
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MOTION Moved: Cr Monteleone Seconded: Cr Kirkham
THAT Council resolve to request the Minister for Local Government to appoint a Municipal Monitor for a period of 18 months. The Monitor is requested to review and report on the following areas: a) Council governance processes and practices; and
b) Provide advice to Whittlesea City Council about governance improvements Council should make. |
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Amendment Moved: Cr Cox Seconded: Cr Alessi
THAT Council resolve to amend the motion as follows: Insert a new Section 1 as follows; 1. Note the following: a) Despite several procedural resolutions in attempt to delay implementation of council operations council business has progressed normally; b) Despite the unruly behavioural changes that have occurred since the 2017 Mayoral election, Council has been able to implement policies and decisions; c) These include and are not limited to proposed changes to Procedural Matters Local Law which is currently out for public comment; d) The 2018/19 Budget and the Council Action Plan also out for public input; e) A Council retreat to improve Councillor relationships and behaviours; f) A number of ejections from Council meetings following refusal to withdraw comments or failure to adhere to direction from the chair; g) A number of failures to adhere to Code of Conduct; h) Recent introduction of new Council/staff protocol following allegations of inappropriate councillor behaviour; i) Use of media statements to portray Council as non-operational; j) The failure of Councillors to attend meetings on 12 December 2017 and 1 May 2018 despite being appropriately summonsed in accord with the Local Government Act. Insert a new section 2a to modify the time period so that the section would read: 2. a) Request the Minister for Local Government to appoint a Municipal Monitor for a period of 6 months. Insert a new section 2b to read as follows; 2. b) The Monitor, if appointed, is requested to review and report on the following areas: Insert a new sub section to point (2b) which incorporate points (a) and (b) of the original motion as follows; i. Council governance processes and practices. Noting the constant interjections under Point of Order to continue debating; ii. The failure of individual Councillors to follow direction from the chair; iii. The failure to withdraw inappropriate comments when directed by the chair; iv. Review the outcomes and application of the principles from the Council retreat related to meeting procedures and behaviours; and v. Provide appropriate advice to Whittlesea City Council about governance improvements that can be made. After the above amendments are incorporated, the amended motion reads as follows; |
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AMENDED MOTION |
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THAT Council resolve to: 1. Note the following: a) Despite several procedural resolutions in attempt to delay implementation of council operations council business has progressed normally; b) Despite the unruly behavioural changes that have occurred since the 2017 Mayoral election, Council has been able to implement policies and decisions; c) These include and are not limited to proposed changes to Procedural Matters Local Law which is currently out for public comment; d) The 2018/19 Budget and the Council Action Plan also out for public input; e) A Council retreat to improve Councillor relationships and behaviours; f) A number of ejections from Council meetings following refusal to withdraw comments or failure to adhere to direction from the chair; g) A number of failures to adhere to Code of Conduct; h) Recent introduction of new Council/staff protocol following allegations of inappropriate councillor behaviour; i) Use of media statements to portray Council as non-operational; j) The failure of Councillors to attend meetings on 12 December 2017 and 1 May 2018 despite being appropriately summonsed in accord with the Local Government Act. 2. a) Request the Minister for Local Government to appoint a Municipal Monitor for a period of 6 months. b) The Monitor, if appointed, is requested to review and report on the following areas: i) Council governance processes and practices. Noting the constant interjections under Point of Order to continue debating; ii) The failure of individual Councillors to follow direction from the chair; iii) The failure to withdraw inappropriate comments when directed by the chair; iv) Review the outcomes and application of the principles from the Council retreat related to meeting procedures and behaviours; and v) Provide appropriate advice to Whittlesea City Council about governance improvements that can be made. |
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EXTENsION OF SPEAKING TIME Moved: Cr Sterjova Seconded: Cr Kirkham
THAT Council resolve to extend the speaking time for Cr Cox for a further two minutes. CARRIED |
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EXTENsION OF SPEAKING TIME Moved: Cr Kelly Seconded: Cr Desiato
THAT Council resolve to extend the speaking time for Cr Kirkham for a further two minutes. CARRIED |
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EXTENsION OF SPEAKING TIME Moved: Cr Kirkham Seconded: Cr Desiato
THAT Council resolve to extend the speaking time for Cr Kelly for a further two minutes. CARRIED |
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extension of speaking time Moved: Cr Cox Seconded: Cr Kozmevski
THAT Council resolve to extend the speaking time for Cr Alessi for a further two minutes. CARRIED |
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VOTE ON Amendment Moved: Cr Cox Seconded: Cr Alessi THAT Council resolve to amend the motion as follows: 1. Note the following: a) Despite several procedural resolutions in attempt to delay implementation of council operations council business has progressed normally; b) Despite the unruly behavioural changes that have occurred since the 2017 Mayoral election, Council has been able to implement policies and decisions; c) These include and are not limited to proposed changes to Procedural Matters Local Law which is currently out for public comment; d) The 2018/19 Budget and the Council Action Plan also out for public input; e) A Council retreat to improve Councillor relationships and behaviours; f) A number of ejections from Council meetings following refusal to withdraw comments or failure to adhere to direction from the chair; g) A number of failures to adhere to Code of Conduct; h) Recent introduction of new Council/staff protocol following allegations of inappropriate councillor behaviour; i) Use of media statements to portray Council as non-operational; j) The failure of Councillors to attend meetings on 12 December 2017 and 1 May 2018 despite being appropriately summonsed in accord with the Local Government Act. 2. a) Request the Minister for Local Government to appoint a Municipal Monitor for a period of 6 months. b) The Monitor, if appointed, is requested to review and report on the following areas: i. Council governance processes and practices. Noting the constant interjections under Point of Order to continue debating; ii. The failure of individual Councillors to follow direction from the chair; iii. The failure to withdraw inappropriate comments when directed by the chair; iv. Review the outcomes and application of the principles from the Council retreat related to meeting procedures and behaviours; and v. Provide appropriate advice to Whittlesea City Council about governance improvements that can be made. The amendment was put and carried and became the substantive motion. carried |
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FURTHER AMENDMENT Moved: Cr Kelly Seconded: Cr Kirkham
THAT Council resolve to include the following to part 1 of the substantive motion; k) Inconsistencies in the Mayor’s chairing and rulings l) Processes surrounding the assurance audit in relation to the departure of the previous Chief Executive Officer (CEO) Michael Wootten. m) Inconsistencies and inaccuracies of Council Minutes since November 2017 n) Closure of the 6 February 2018 Council Meeting o) Abuse of power by the chairperson in exercising her legislative and local law meeting procedure. p) To review the Monitors finding at the end of the six month term. |
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EXTENsION OF SPEAKING TIME Moved: Cr Kirkham Seconded: Cr Monteleone
THAT Council resolve to extend the speaking time for Cr Kirkham for a further two minutes. LOST |
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EXTENsION OF SPEAKING TIME Moved: Cr Cox Seconded: Cr Sterjova
THAT Council resolve to extend the speaking time for Cr Alessi for a further two minutes. CARRIED |
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VOTE ON FURTHER amendment Moved: Cr Kelly Seconded: Cr Kirkham
THAT Council resolve to include the following to the substantive motion; k) Inconsistencies in the Mayor’s chairing and rulings l) Processes surrounding the assurance audit in relation to the departure of the previous Chief Executive Officer (CEO) Michael Wootten. m) Inconsistencies and inaccuracies of Council Minutes since November 2017 n) Closure of the 6 February 2018 Council Meeting o) Abuse of power by the chairperson in exercising her legislative and local law meeting procedure. p) To review the Monitors finding at the end of the six month term. LOST |
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EXTENsION OF SPEAKING TIME Moved: Cr Kirkham Seconded: Cr Sterjova
THAT Council resolve to extend the speaking time for Cr Desiato for a further two minutes. CARRIED
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exTENsION OF SPEAKING TIME Moved: Cr Joseph Seconded: Cr Cox
THAT Council resolve to extend the speaking time for Cr Alessi for a further two minutes. CARRIED |
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EXTENsION OF SPEAKING TIME Moved: Cr Sterjova Seconded: Cr Alessi
THAT Council resolve to extend the speaking time for Cr Cox for a further two minutes. CARRIED |
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EXTENsION OF SPEAKING TIME Moved: Cr Kirkham Seconded: Cr Monteleone
THAT Council resolve to extend the speaking time for Cr Kirkham for a further two minutes. LOST |
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Moved: Cr Monteleone Seconded: Cr Kirkham
THAT Council resolve to: 1. Note the following: a) Despite several procedural resolutions in attempt to delay implementation of council operations council business has progressed normally; b) Despite the unruly behavioural changes that have occurred since the 2017 Mayoral election, Council has been able to implement policies and decisions; c) These include and are not limited to proposed changes to Procedural Matters Local Law which is currently out for public comment; d) The 2018/19 Budget and the Council Action Plan also out for public input; e) A Council retreat to improve Councillor relationships and behaviours; f) A number of ejections from Council meetings following refusal to withdraw comments or failure to adhere to direction from the chair; g) A number of failures to adhere to Code of Conduct; h) Recent introduction of new Council/staff protocol following allegations of inappropriate councillor behaviour; i) Use of media statements to portray Council as non-operational; j) The failure of Councillors to attend meetings on 12 December 2017 and 1 May 2018 despite being appropriately summonsed in accord with the Local Government Act. 2. a) Request the Minister for Local Government to appoint a Municipal Monitor for a period of 6 months. b) The Monitor, if appointed, is requested to review and report on the following areas: i) Council governance processes and practices. Noting the constant interjections under Point of Order to continue debating; ii) The failure of individual Councillors to follow direction from the chair; iii) The failure to withdraw inappropriate comments when directed by the chair; iv) Review the outcomes and application of the principles from the Council retreat related to meeting procedures and behaviours; and v) Provide appropriate advice to Whittlesea City Council about governance improvements that can be made.
The substantive motion was put and carried. CARRIED |
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THERE BEING NO FURTHER BUSINESS THE MAYOR DECLARED THE MEETING CLOSED AT 8.33PM
CONFIRMED THIS 5 JUNE 2018
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CR KRIS PAVLIDIS
MAYOR