Minutes of Special Council - 7 November 2018

Cr Kirkham together with Crs Monteleone and Desiato gave notice to the CEO on Friday 2 November 2018 to call a Special Council Meeting to consider a leave of absence request from Cr Lalios. The Councillors requested that the meeting be held at 6pm on 7 November 2018.

On 5 November 2018, the CEO advised the relevant Councillors that seven (7) days notice is ordinarily required for a Special Council meeting to be called unless extraordinary circumstances exist.

On 5 November 2018, Cr Kirkham informed the CEO that he believed extraordinary circumstances existed and provided the grounds which are outlined in the notice of motion. Cr Kirkham also indicated that the medical certificate referred to in the motion would be provided at a later time.

On 6 November 2017, Cr Kirkham informed the CEO that, based on a discussion with Cr Lalios, the Special Council meeting was no longer required.

There is no provision for a meeting, once called, to be cancelled. Therefore the meeting proceeded as scheduled.

A quorum was established, no apologies were received, and the motion lapsed for want of a mover.

The Chief Executive Officer opened the meeting with a prayer at 6:01PM.

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.

1.3 Present

Members:

Cr Lawrie Cox Mayor (South West Ward)

Cr Stevan Kozmevski Councillor (South West Ward)

Cr Kris Pavlidis Councillor (South West Ward)

Cr Tom Joseph Deputy Mayor (North Ward)

Cr Emilia Lisa Sterjova Councillor (North Ward)

Cr Sam Alessi Councillor (South East Ward)

Officers:

Mr Simon Overland Chief Executive Officer

Mr Russell Hopkins Director Community Services

Mr Nick Mann Director City Transport & Presentation

Ms Helen Sui Director Corporate Services

Ms Liana Thompson Director Partnerships, Planning & Engagement

Mr Michael Tonta Manager Governance

2. Apologies

NIL

3. Declarations of Interest

NIL

Special Council Minutes Wednesday 7 November 2018

4. Notices of Motion

4.1 Notice of Motion nO 864 – Leave of Absence cr mary lalios

Author: Crs Ricky Kirkham, Alahna Desiato, Caz Monteleone

Councillors Desiato, Kirkham and Monteleone gave notice under section 84(1) of the Local Government Act 1989 that a Special Meeting of Council has been called for 6.00pm on Wednesday 7 November 2018 to consider an item of business relating to a Leave of Absence Request by Councillor Lalios.

In accordance with section 89(4A), Council must provide at least 7 days notice unless the matter is urgent or extraordinary circumstances. The Councillors calling this Special Council Meeting advise that the matter is urgent for the following reasons:

1. Allow Council the ability to consider information provided by Cr Lalios prior to the 13 November 2018 Ordinary Meeting, at which Cr Lalios would be disqualified if leave is not granted.

2. Given the complex legal issues surrounding this issue, a meeting would allow a buffer in order for Cr Lalios to meet any further requests from Council.

3. Council may refuse leave at the Special Meeting, of which it is then up to Cr Lalios to consider her position.

4. Allowing more time to consider information provided, will provide an opportunity for sound judgement and decision making by Councillors.

5. There is no other option in order to satisfy these concerns or issues prior to the 13 November deadline.

PREAMBLE

In accordance with the Local Government Act 1989, the following motion is submitted to consider a leave of absence request by Councillor Lalios.

Councillors are to refer to advice from Russell Kennedy Lawyers in consideration of this motion.

MOtion

THAT Council resolve to :

1. Note the medical certificate provided by Councillor Lalios; and

2. Grant a leave of absence for Councillor Lalios for the period detailed by her suitably qualified medical practitioner.

LAPSED FOR WANT OF MOVER

Chief Executive Officer Explanatory Note

Note that the medical certificate referred to in the above motion was not circulated or made available to Councillors.

5. Closure

THERE BEING NO FURTHER BUSINESS THE MAYOR DECLARED THE MEETING CLOSED AT 6:14PM.

CONFIRMED THIS 13^TH DAY OF NOVEMBER 2018

________________________

CR LAWRIE COX

MAYOR