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Minutes

 

OF Additional
COUNCIL MEETING

HELD ON

Monday 25 October 2021

AT 6:00PM

via zoom


UNCONFIRMEDAdditional Council Minutes                                                            Monday 25 October 2021

 

 

 

ADMINISTRATORS

 

LYDIA WILSON                            CHAIR OF COUNCIL

PEITA DUNCAN                          ADMINISTRATOR

On 19 June 2020 the Acting Minister for Local Government appointed the Panel of Administrators for the City of Whittlesea and appointed Ms Lydia Wilson as Chair of the Panel.  The Panel of Administrators comprises of Ms Lydia Wilson, Ms Peita Duncan and Mr Chris Eddy who will undertake the duties of the Council of the City of Whittlesea until the October 2024 Local Government Election.


CHRIS EDDY                               ADMINISTRATOR

 


UNCONFIRMED Additional Council Minutes                                                           Monday 25 October 2021

 

 

 

SENIOR OFFICERS

 

 

CRAIG LLOYD                             CHIEF EXECUTIVE OFFICER

FRANK JOYCE                            EXECUTIVE MANAGER GOVERNANCE & STRATEGY

KATE MCCAUGHEY                   DIRECTOR COMMUNITY WELLBEING

AMY MONTALTI                          DIRECTOR CORPORATE SERVICES

JANINE MORGAN                       EXECUTIVE MANAGER PUBLIC AFFAIRS

JUSTIN O’MEARA                       DIRECTOR PLANNING & DEVELOPMENT

 

 


UNCONFIRMED Additional Council Minutes                                                          Monday 25 October 2021

 

 

ORDER OF BUSINESS

 

The Chief Executive Officer submitted the following business:

 

1.            Opening.. 7

1.1         MEETING OPENING.. 7

1.2         PRAYER BY THE CHIEF EXECUTIVE OFFICER.. 7

1.3         ACKNOWLEDGMENT OF TRADITIONAL OWNERS STATEMENT.. 7

1.4         Present.. 7

2.            Apologies.. 8

3.            Declarations of Interest.. 8

4.            Officers’ Reports.. 9

4.1         Connected Communities.. 9

4.1.1       Community Plan 2021-2025 and Financial Plan 2021-2031. 9

4.1.2       Scheduled Council Meetings 2021 & 2022 Update.. 91

4.2         High Performing Organisation.. 97

4.2.1       CEO Employment and Remuneration Policy.. 97

5.            Confidential Business.. 117

5.1         High Performing Organisation.. 117

5.1.1       Confirmation of minutes and associated actions of CEMAC meeting held 14 October 2021. 117

6.            Closure.. 117

 

 

Note:

In these Minutes, Resolutions adopted by Council are indicated in bold text.

 

 

 


UNCONFIRMED Additional Council Minutes                                                           Monday 25 October 2021

 

1.         Opening

1.1       MEETING OPENING

The Chair of Council, Lydia Wilson opened the meeting at 6:30PM.

“Welcome to this Council Meeting of 25 October 2021 which is being livestreamed.

I am Lydia Wilson, Chair of the Panel of Administrators and I would also like to introduce my Panel colleagues, Administrators Ms Peita Duncan and Mr Chris Eddy.

I would also like to introduce our Chief Executive Officer, Mr Craig Lloyd and ask that he in turn introduce the members of the Executive Leadership Team in attendance today.”

“Good evening everyone, we also have with us:

Executive Manager Governance, Mr Frank Joyce;

Director Community Wellbeing, Ms Kate McCaughey;

Director Corporate Services, Ms Amy Montalti;

Executive Manager Public Affairs, Ms Janine Morgan; and

Director Planning & Development, Mr Justin O’Meara;

These members of the Executive Leadership Team will join us during the meeting.”

1.2       PRAYER BY THE CHIEF EXECUTIVE OFFICER

Following the Introductions, the Chief Executive Officer read the following prayer:

Almighty God, we ask for your blessing upon this council to make informed and good decisions to benefit the people of the City of Whittlesea. 

Our father who art in heaven, hallowed be thy name, Thy kingdom come, Thy will be done on earth as it is in heaven. Give us this day our daily bread and forgive us our trespasses as we forgive them that trespass against us; and lead us not into temptation but deliver us from evil, For thine is the kingdom, the power and the glory, for ever and ever.

Amen

1.3       ACKNOWLEDGMENT OF TRADITIONAL OWNERS STATEMENT

The Chair of Council, Lydia Wilson read the following statement:

“On behalf of the City of Whittlesea I recognise the rich Aboriginal heritage of this country and acknowledge the Wurundjeri Willum Clan as the Traditional Owners of this place.

I would also like to personally acknowledge Elders past, present and emerging.”

 

1.4       Present

Members:

Ms Lydia Wilson                  Chair of Council

Ms Peita Duncan                 Administrator

Mr Chris Eddy                     Administrator


 

Officers:

Mr Craig Lloyd                     Chief Executive Officer

Mr Frank Joyce                   Executive Manager Governance & Strategy

Ms Kate McCaughey          Director Community Wellbeing

Ms Amy Montalti                 Director Corporate Services

Ms Janine Morgan               Executive Manager Public Affairs

Mr Justin O’Meara               Director Planning & Development

 

2.         Apologies

            NIL or select from the following options for type of interest and delete others:

3.         Declarations of Interest

            NIL or select from the following options for type of interest and delete others:


UNCONFIRMED Additional Council Minutes                                                           Monday 25 October 2021

 

4.         Officers’ Reports

4.1       Connected Communities

ITEM 4.1.1 Community Plan 2021-2025 and Financial Plan 2021-2031 

Attachments:                        1        Submission by the Youth Advisory Committee

2        Community Plan 2021-2025

3        Community Plan Action Plan 2021-2022

4        Financial Plan 2021-2031   

Responsible Officer:           Executive Manager Governance & Strategy

Author:                                  Unit Manager Corporate Planning   

 

RECOMMENDATION SUMMARY

That Council

·    Note the community feedback regarding the proposed Community Plan 2021-2025 and the proposed Financial Plan 2021-2031

·    Write to the Youth Advisory Committee to thank them for their submission on the proposed Community Plan 2021-2025 and the proposed Financial Plan 2021-2031

·    Re-endorse Whittlesea 2040 A place for all as the City of Whittlesea’s community vision

·    Adopt the Community Plan 2021-2025 and the Community Plan Action Plan 2021-2022

·    Adopt the Financial Plan 2021-2031.

Brief overview

·    The Community Plan and the Financial Plan are key legislated strategic and financial documents prepared by Council

·    More than 1,300 community members participated in their development in February and March 2021, and a further 220 community members participated in engagement activities during August and September once the proposed documents were presented

·    A clear majority is supportive of both the Community Plan and the Financial Plan.

rationale for recommendation

Participants in the consultation provided valuable feedback on the proposed Community Plan and Financial Plan which has resulted in several changes mostly to the Community Plan. Given the broad support for the proposed Plans expressed during the consultation period, they can be considered reflective of community priorities. The Plans should therefore be adopted as Council’s key medium-term strategic and long-term financial planning documents respectively, guiding Council’s program of work over the forthcoming years.

impacts of recommendation

Adoption of the Community Plan and the Financial Plan will clearly articulate Council’s priorities over the next four years and discharge Council’s obligations to develop a Council Plan, Municipal Public Health and Wellbeing Plan, Disability Action Plan and Financial Plan under the respective legislation.

what measures will be put in place to manage impacts

Impacts of the Community Plan and the Financial Plan will be managed via communications and engagement plans as well as regular reporting on the implementation and status of the initiatives and actions outlined in the Community Plan and the Action Plan. 

 

Report

Background

The integrated Community Plan 2021-2025 will be the City of Whittlesea’s main medium-term strategic planning document for this Council term. It incorporates the:

·    Council Plan, section 90 of the Local Government Act 2020 (Vic)

·    Municipal Public Health and Wellbeing Plan, section 26 of the Public Health and Wellbeing Act 2008 (Vic)

·    Disability Action Plan, section 38 of the Disability Act 2006 (Vic)

·    Pandemic recovery actions in line with section 60AE of the Emergency Management Act 2013 (Vic).

The Plan builds on and re-endorses the long-term community vision, Whittlesea 2040 A place for all, which was developed in 2018 and shaped by the contribution of over 4,000 community members. Details of the Vision and engagement that occurred at that time can be found on the Council website at this link. https://www.whittlesea.vic.gov.au/about-us/news-publications/plans-strategies-and-policies/whittlesea-2040-a-place-for-all/

The Community Vision is the ‘umbrella’ document within the recently endorsed integrated strategic planning framework. The Community Plan 2021-2025 is positioned to expand on the long-term community vision to include key priorities, services and initiatives over the next four years. It plays a central role in Council’s overall strategic planning and reporting framework and is the key overarching document for all other strategies and plans.

The Financial Plan 2021-2031 (the “Financial Plan”) is Council’s key long-term financial planning document, which is prepared to ensure Council is well positioned to meet the service, infrastructure and amenity needs of the community sustainably into the future.

Proposal

That Council

·    Note the community feedback regarding the proposed Community Plan 2021-2025 and the proposed Financial Plan 2021-2031

·    Write to the Youth Advisory Committee to thank them for their submission on the proposed Community Plan 2021-2025 and the proposed Financial Plan 2021-2031

·    Re-endorse Whittlesea 2040 A place for all as the City of Whittlesea’s community vision

·    Adopt the Community Plan 2021-2025 and the Community Plan Action Plan 2021-2022

·    Adopt the Financial Plan 2021-2031.

Consultation

An extensive program of community engagement has been conducted to inform the development of the Community Plan.

More than 1300 people joined the conversation online and at face-to-face events during February and March to give us a clear understanding of the community’s priorities.

Once drafted, the Community Plan was available for community feedback between 20 August and 20 September 2021. Due to COVID-19 lockdown restrictions in place throughout this period, community engagement was conducted virtually.

More than 180 people participated in various online sessions with the Whittlesea Reconciliation Group, the Whittlesea Disability Network, the Whittlesea Early Years Partnership, the Youth Advisory Committee, Whittlesea Community Futures and the general public.

42 people submitted their feedback via the survey available on engage.whittlesea.vic.gov.au. Of those who participated in the survey,

·    Most respondents were aged 35-74 years,

·    29% live with a disability,

·    11% are Aboriginal and /or Torres Strait Islander,

·    29% speak a language other than English at home,

·    49% are female, 38% male and 3% non-binary,

·    A quarter of respondents live in Doreen/Mernda, followed by 15% from South Morang, 12% from outside the City of Whittlesea, 10% from Wollert, and 7% respectively from Epping, the Whittlesea township/rural north and Mill Park.

Community feedback is broadly supportive of the proposed Community Plan and Financial Plan, with almost three quarters of survey responses supportive and a further 20% neutral towards the proposed Plans. Only two respondents were either somewhat or strongly opposed to the Community Plan and Financial Plan respectively.

Key things the community liked in the draft plan include; social connection; reconciliation; community infrastructure and facilities and parks and playgrounds. Areas for improvement include; community infrastructure and facilities; waste management, roads, parks and playgrounds.

The Youth Advisory Committee submission (refer Attachment 1) acknowledges alignment with the identified priorities of mental health, family violence support and community connection, and identifies action for safe community facilities for youth and addressing inequity for people from our LGBTIQA* community. The Committee notes that the Plan also addresses key areas of concern for future generations around sustainable resource management, climate change, protection of green spaces, employment opportunity and affordable housing, and requests clarification on capital investment into waste management as well as borrowings.

 

community Plan 2021-2025

As a result of community feedback regarding the proposed Community Plan 2021-2025, several substantive changes have been made to the Plan:

·    Carers and the gender diverse community have been explicitly included as key target populations under key initiatives in the Connected Community goal

·    Development of a new Reconciliation Action Plan has been added as an initiative

·    Culture and heritage references have been strengthened to reflect their importance in enhancing social cohesion as our community recovers from the pandemic

·    The “Whittlesea Farm and Food Collective” initiative under goal 3 Strong Local Economy has been modified to better reflect its focus

·    The “Rethinking Waste” initiative has been outlined more specifically under goal 4 Sustainable Environment

·    Key strategies being implemented under goal 4 Sustainable Environment have been referenced as Disability Action Plan items as well, indicating the specific relevance of these to disability stakeholders for implementation

·    The “Heat Mapping” initiative under goal 5 High-Performing Organisation has been removed and the corresponding actions will be delivered as part of the “Climate Change” and “Greening Whittlesea” initiatives under goal 5 Sustainable Environment.

Some areas for improvement identified in community feedback have not resulted in specific changes to the proposed Community Plan, as they are either already adequately addressed in the existing draft or covered at the annual action planning level. This is particularly the case in areas such as roads and transport, parks and gardens, or community infrastructure.

Engagement data incorporated in the Plan has also been updated to reflect the feedback received during the exhibition period in August and September.

Please refer to Attachment 2 for the final draft of the Community Plan 2021-2025.

Community Plan Action Plan2021-2022

The Community Plan Action Plan 2021-2022 (the “Action Plan”) is a supplement to the Community Plan 2021-2025. It captures specific projects and actions for delivery during this financial year.

The Action Plan comprises 116 projects mapped against Council’s five goals. Together with Council’s valued services which are delivered on a day-to-day basis, these projects combine to provide a balanced response to the challenges and opportunities our community faces in the 2021-2022 financial year.

Please refer to Attachment 3 for the Community Plan Action Plan 2021-2022.

financial Plan

Feedback received from the community was supportive of Council’s proposed Financial Plan 2021-2031. There was one written submission received from the Whittlesea Youth Advisory Committee, seeking some further information on Council’s long-term commitment to capital investment in waste management and the intended use of proposed borrowings in the 2021-22 Annual Budget.

It is proposed that this submission be responded to in writing by Council. It is not expected to result in any adjustment to the proposed Financial Plan 2021-2031.

As a result of community feedback regarding the proposed Financial Plan 2021-2031, there have been no changes made to the proposed Financial Plan.

Please refer to Attachment 4 for the Financial Plan 2021-2031.

Critical Dates

31 October 2021           Community Plan 2021-2025, Financial Plan 2021-2031 and Community Vision are required to be adopted in accordance with the Local Government Act 2020.

Financial Implications

The Community Plan 2021-2025 is developed within existing resources. Initiatives and services included in the Plan have been considered in the Annual Budget 2021-2022, which budgeted for $2 million for the participatory budget process to allocate recovery funding, as well as $1.5 million for major initiatives under the Community Plan.

Further, Council’s Financial Plan 2021-2031 incorporates the financial resourcing to deliver on Community plan initiatives and services beyond the 2021-22 Annual Budget.

Policy strategy and legislation

Council must:

·    Develop or review a Community vision under section 88 of the Local Government Act 2020 (Vic),

·    Develop a Council Plan under section 90 of the Local Government Act 2020 (Vic),

·    Develop a Municipal Public Health and Wellbeing Plan under section 26 of the Public Health and Wellbeing Act 2008 (Vic),

·    Develop a Disability Action Plan under section 38 of the Disability Act 2006 (Vic),

·    Be a party contributing to pandemic recovery planning under section 60AE of the Emergency Management Act 2013 (Vic), and

·    Develop a Financial Plan under section 91 of the Local Government Act 2020 (Vic).

link to strategic risks

Strategic Risk Community and Stakeholder Engagement - Ineffective stakeholder engagement resulting in compromised community outcomes and/or non-achievement of Council's strategic direction

Adequate consideration of community feedback and effective communication back to the community is critical to build community trust and confidence in Council’s operations and strategic direction.

Strategic Risk Governance - Ineffective governance of Council’s operations and activities resulting in either a legislative or policy breach

Failure to develop the above mentioned legislated plans by the prescribed timeline will result in legislative breach unless a prior exemption is sought from the relevant Minister.

Strategic Risk Financial Sustainability - Inability to meet current and future expenditure

Failure to develop a Financial Plan reduces Council’s ability to effectively manage its long-term revenue and expenditure and increases the risk of not being able to meet current and future expenditure.

Links to whittlesea 2040 and the CoUNCIL Plan

Goal                                       Connected community

Key Direction                        A participating community

 

The Community Plan and Financial Plan are being developed based on extensive community engagement. They are key instruments giving community ownership and voice in local matters.  The Community Vision was developed in 2018 following extensive community engagement and was confirmed through recent consultation that it was still valid and appropriate.

Declarations of Conflicts of Interest

Under Section 130 of the Local Government Act 2020 and Rule 47 of the Governance Rules 2021, officers providing advice to Council are required to disclose any conflict of interest they have in a matter and explain the nature of the conflict.

The Responsible Officer reviewing this report, having made enquiries with relevant members of staff, reports that no disclosable interests have been raised in relation to this report.

Conclusion

The Community Plan 2021-2025 and Financial Plan 2021-2031 are key strategic documents guiding Council’s program of work in the medium and longer term. Extensive community feedback involving more than 1,500 community members has resulted in balanced and well-supported Plans towards meeting our community’s challenges and opportunities over the coming four years.  The Community Plan Action Plan 2021-2022 specifies the actions that will be undertaken to contribute to the initiatives outlined in the Community Plan.

 

 

RECOMMENDATION

THAT Council:

1.       Note the community feedback regarding the proposed Community Plan 2021-2025 and the proposed Financial Plan 2021-2031

2.       Write to the Youth Advisory Committee to thank them for their submission on the proposed Community Plan 2021-2025 and the proposed Financial Plan 2021-2031

3.       Re-endorse Whittlesea 2040 A place for all as the City of Whittlesea’s community vision

4.       Adopt the Community Plan 2021-2025 and the Community Plan Action Plan 2021-2022

5.       Adopt the Financial Plan 2021-2031.

 

Council Resolution

Moved:                       Chairperson Wilson

Seconded:               Administrator Duncan

 

THAT Council resolve to adopt the Recommendation.

CarrieD UNANIMOUSLY

 


UNCONFIRMED Additional Council Minutes                                                                        Monday 25 October 2021

 

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UNCONFIRMED Additional Council Minutes                                                                        Monday 25 October 2021

 


 

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UNCONFIRMED Additional Council Minutes                                                                        Monday 25 October 2021

 

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UNCONFIRMED Additional Council Minutes                                                           Monday 25 October 2021

 

ITEM 4.1.2 Scheduled Council Meetings 2021 & 2022 Update 

Attachments:                        1        Schedule of Meetings   

Responsible Officer:           Executive Manager Governance & Strategy

Author:                                  Coordinator Governance Administration   

 

report status

This report is being presented to:

·       Council Briefing on 18 October 2021; and

·       Council Meeting on 25 October 2021.

RECOMMENDATION SUMMARY

In accordance with section 394 of the Local Government Act 2020 (the Act) it is proposed that the Council Meetings scheduled for the remainder of 2021 will be held remotely by electronic means commencing at 6:30pm.  This includes the scheduled Council Meetings being held on 8 November and 6 December 2021.

In relation to the 2022 schedule, the following changes are proposed to the schedule of Council Meetings including:

·    Rescheduling the 13 June meeting to 27 June 2022; and

·    Should the four in-person meetings scheduled to commence at 7.30pm be held remotely, that these meetings commence at 6.30pm.

Brief overview

The proposed changes to the Council Meeting schedule for the remainder of 2021 and 2022 allows Council to continue to conduct Council Meetings in a safe and flexible manner while adhering to State Government Health Directions in place due to COVID-19.

rationale for recommendation

In accordance with the Act and section 8 of Council’s Governance Rules the date, time and place of scheduled Council Meetings are to be determined, and may be altered, by resolution of the Council with reasonable notice to be provided to the public.

impacts of recommendation

Adoption of the recommendations in this report enables conduct of Council Meetings to occur in a COVID safe manner and providing public notice of the updated schedule of Council Meetings for 2021 and 2022.

what measures will be put in place to manage impacts

The updated scheduled Council Meeting dates for 2021 and 2022 will be published on Council’s website and promoted through Council’s social media, to encourage members of the community to watch by live-stream or recording available on Council’s website or attend Council meetings in person when possible.

 

Report

Introduction

Council meetings are open to the public and the community are able and encouraged to attend and/or watch online.  This report proposes changes to the Council Meeting schedule for 2021 and 2022 to allow Council to continue to conduct Council Meetings in a safe and flexible manner while adhering to State Government Health Directions in place due to COVID-19. 

Background

The schedule for the remainder of the 2021 and the 2022 Council Meetings were set at the meetings on 1 June and 2 August 2021 (Refer attachment for dates, times and locations).

Council Meetings are generally held in the Council Chamber at the Civic Centre.  Section 394 of the Act allows Council Meetings to be held remotely by electronic means and livestreamed to the public, when Government restrictions are in place relating to COVID-19.  This provision is in place until 26 April 2022, however, it is understood that the State Government is reviewing this provision and considering making it a permanent addition to the Act to allow for Council Meetings to proceed during emergency events.

community council meetings

Council is committed to building a stronger sense of community within neighbourhoods and across the municipality and create new opportunities for social networks and civic engagement by holding some Council Meetings in community locations with a preceding Community Engagement Forum.  Community Engagement Forums enables discussion about local issues and topical matters and allows Council to gain general feedback from members of the community.  There are Council Meetings with preceding Community Engagement Forums planned for 2022 to be held at various locations within the community.  (Refer attachment for dates, times and locations.)

Proposal

It is proposed that the Council Meetings scheduled for the 8 November 2021 and 6 December 2021 be held remotely by electronic means commencing at 6:30pm, so that they can continue in a COVID safe manner. 

The following changes are proposed to the schedule of Council meetings for 2022:

·    Rescheduling the 13 June meeting to 27 June 2022; (due to the Queen’s Birthday Public Holiday and the Australian Local Government Association National General Assembly likely to be 20 June 2022); and

·    Should the four in-person meetings scheduled to commence at 7.30pm be held remotely, that these meetings commence at 6.30pm.

Critical Dates

The dates for Council Meetings proposed for 2022 consider public holidays and other sector specific events such as major conferences.

Financial Implications

There are no financial implications from these proposed changes.

Policy strategy and legislation

In accordance with the Local Government Act 2020 and Council’s Governance Rules 2021 Council is required to set the date, time and location of Scheduled Council Meetings and that reasonable notice be provided to the public. In accordance with Council’s Public Transparency Policy 2020 Scheduled Council Meetings promote openness and transparency in Council decision-making processes and promotes greater understanding and awareness by the community of how Council’s decisions are made.

link to strategic risks

Strategic Risk Governance - Ineffective governance of Council’s operations and activities resulting in either a legislative or policy breach

Regular Council Meetings promote open and transparent decision making and civic engagement.

Links to whittlesea 2040 and the CoUNCIL Plan

Goal                                       High-performing organisation

Key Direction                        More informed Council decisions based on strong advice and community consultation and engagement

Council will work to build a stronger sense of community within neighbourhoods and across the municipality and create new opportunities for social networks and civic engagement.

Conducting Council meetings throughout the year gives the community an opportunity to become involved in Council’s decision-making process on issues that affect the community.

Declarations of Conflicts of Interest

Under Section 130 of the Local Government Act 2020 and Rule 47 of the Governance Rules 2021, officers providing advice to Council are required to disclose any conflict of interest they have in a matter and explain the nature of the conflict.

The Responsible Officer reviewing this report, having made enquiries with relevant members of staff, reports that no disclosable interests have been raised in relation to this report.

Conclusion

It is recommended that the updated schedule of Council Meetings for 2021 and 2022 be adopted and advertised to the public.  The schedule of meeting dates will facilitate Council's decision-making processes by ensuring that regular meetings are held in a safe manner and that Council meetings are promoted to the public.

 

 

 

 

RECOMMENDATION

THAT Council resolve:

1.   In accordance with section 394 of the Local Government Act 2020 (the Act) that the Council Meetings scheduled for 8 November and 6 December 2021 be held remotely by electronic means commencing at 6:30pm.

2.   To reschedule the 13 June 2022 council meeting to be held on 27 June 2022 at 7.30pm at Barry Road Community Activity Centre, 36 Barry Road, Thomastown following a Community forum; and

3.   That the Council Meetings of 21 March, 27 June, 19 September and 12 December 2022 will commence at 6.30pm, if they need to be held remotely by electronic means in accordance with COVID safe measures.

 

Council Resolution

Moved:                       Administrator Eddy

Seconded:               Administrator Duncan

 

THAT Council resolve to adopt the Recommendation.

Carried

 


UNCONFIRMED Additional Council Minutes                                                                        Monday 25 October 2021

 

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UNCONFIRMED Additional Council Minutes                                                           Monday 25 October 2021

 

4.2       High Performing Organisation

ITEM 4.2.1 CEO Employment and Remuneration Policy 

Attachments:                        1        CEO Employment and Remuneration Policy   

Responsible Officer:           Executive Manager Governance & Strategy

Author:                                  Principal Governance Advisor   

 

RECOMMENDATION SUMMARY

THAT Council resolve to

1.   Adopt the Chief Executive Officer Employment and Remuneration Policy contained in Attachment 1 of this report effective 26 October 2021; and

2.   Revoke the CEO Employment Advisory Committee (CEMAC) terms of reference and CEO Protocols Policy effective 26 October 2021.

Brief overview

Council is responsible for developing, adopting and keeping in force the CEO Employment and Remuneration Policy and undertaking the recruitment and appointment of a CEO when a vacancy occurs.  Council is also responsible for appointing an Acting CEO when there is a vacancy and also for monitoring the CEO performance including an annual performance review.

rationale for recommendation

The Local Government Act 2020 requires Council to develop, adopt and keep in force a Chief Executive Officer Employment and Remuneration Policy.

impacts of recommendation

The new policy will supersede the existing CEO Employment Advisory Committee (CEMAC) terms of reference and provide a policy for all CEO employment and remuneration matters as required under the Local Government Act 2020.

what measures will be put in place to manage impacts

The CEO Employment and Remuneration Committee will meet in accordance with the policy and make recommendations to Council in relation to Key Performance Indicators (KPIs), performance, recruitment and remuneration of the CEO.

 

Report

Background

The Local Government Act 2020 requires Council to develop, adopt and keep in force a Chief Executive Officer Employment and Remuneration Policy.

This Policy provides for the following matters which Council is responsible for under the Act or as a requirement of this Policy:

(a)   the recruitment and appointment of the CEO;

(c)   approving the Contract of Employment between Council and the CEO;

(d)   the appointment of an Acting CEO;

(e)   the provision of independent professional advice in relation to the matters dealt with in the Policy;

(f)   the monitoring of the CEO’s performance;

(g)   an annual review of the CEO’s performance; and

(h)   determining the CEO’s remuneration.

Proposal

Under the Act, Council is responsible for developing, adopting and keeping in force the CEO Employment and Remuneration Policy and undertaking the recruitment and appointment of a CEO when a vacancy occurs in the office of CEO.  Council is also responsible for appointing an Acting CEO when there is a vacancy in the office of the CEO, including a temporary vacancy.

To implement the requirements of the Act, it is proposed that Council establish a Committee which will oversee the implementation of the Policy.

It is also proposed that Council appoint an independent member to the Committee to assist with and advise on the implementation of the Policy and determine the rate of remuneration of the independent member.

Committee Membership

The CEO Employment and Remuneration Committee will be comprised of:

•     The Mayor/Chair of Administrators

•     Two (2) Administrators/Councillors appointed by Council; and

•     One (1) Independent Member appointed by Council in accordance with this Policy.

The Independent Member will chair Committee meetings.

Length of appointment

The appointment of the Committee will be for a term as deemed appropriate by Council and, before the expiration of each term, there will be a call for nominations for the next term.

Role

The Committee is advisory only and is established to make recommendations to Council on employment matters relating to the CEO and to monitor and make recommendations to Council on performance matters relating to the CEO.

Functions

The Committee will carry out the following functions:

Recruitment

a)   Establish and oversee the process to enable the Council to appoint the CEO;

c)   Provide recommendations on the terms and conditions of the CEO’s contract of employment; and

d)   Provide a recommendation on any extension of the appointment of the CEO, when required.

Remuneration

a)   Make recommendations on the remuneration of the CEO; and

b)   Undertake an annual review of the Remuneration Package as part of the CEO’s annual performance review, in accordance with the CEO’s contract of employment.

Performance Monitoring

a)   Develop annually, in conjunction with the CEO, relevant and measurable performance objectives (KPI’s) for the CEO and make recommendations to Council;

b)   Undertake performance reviews every six months against the agreed KPI’s in accordance with these Terms of Reference and the CEO contract, and make recommendations to Council;

c)   Make recommendations on development opportunities for the CEO; and

d)   Make recommendations to Council on matters relating to the CEO’s performance and performance review, as appropriate.

Support to the Committee

The Committee may request the appointment of a suitably qualified Independent Expert (as distinct from the Independent Member) to assist in any other function specified in these terms of reference where the Committee consider it would benefit from the presence or where there is not a consensus on performance.

The Committee may obtain legal or other specific expert advice, as required and necessary and any formal advice requested by the Committee will be made available to all Committee Members and, where relevant and appropriate, will be provided to Council through meeting minutes.

Independent Member

The appointment of an independent member to the Committee will ensure consistent and quality advice to the Committee and Council. 

The independent member will be appointed following an advertisement calling for expressions of interest from suitably skilled and qualified people and will be remunerated at a rate to be determined by Council.

Qualities and Qualifications

It is proposed that the independent member possess and demonstrate the following key competencies:

•     Strong leadership and communication skills;

•     Skills, expertise and experience in one or more of the following:

•     human resources management (including Executive recruitment, remuneration and talent management);

•     senior business or government (including local government) experience;

•     experience with and understanding of employment law; and

•     demonstrated ability in performance management and development of executive level staff.

•     Understanding of good governance and previous experience or facilitation experience working with governance bodies or boards;

•     Ability to work effectively with Administrators/Councillors and the CEO; and

•     Knowledge and understanding of the issues affecting Council.

Appointment Timeframe

The independent member may be appointed for up to four (4) years, or the term of the CEO’s contract, whichever is the lesser period and may be re-appointed by Council, subject to Council’s procurement requirements.

Consultation

The CEO Employment Matters Advisory Committee were consulted on the Policy and provided feedback to inform the policy at their meeting held 14 October 2021.

They also reviewed the existing CEO Protocols policy and recommended this be updated and included as an attachment to the new CEO Employment and Remuneration Policy.

The policy was prepared with guidance from Local Government Victoria and also reviewing various Council Policies and considering the existing CEMAC terms of reference.

Critical Dates

Section 45 of the Local Government Act 2020 requires Council to develop, adopt and keep in force a Chief Executive Officer Employment and Remuneration Policy by 1 January 2022.Financial Implications

The costs associated with the employment and remuneration of the CEO are included within the recurrent budget.

Policy strategy and legislation

This Policy provides for the following matters which Council is responsible for under the Act or as a requirement of this Policy:

(a)   the recruitment and appointment of the CEO;

(c)   approving the Contract of Employment between Council and the CEO;

(d)   the appointment of an Acting CEO;

(e)   the provision of independent professional advice in relation to the matters dealt with in the Policy;

(f)   the monitoring of the CEO’s performance;

(g)   an annual review of the CEO’s performance; and

(h)   determining the CEO’s remuneration.

link to strategic risks

Strategic Risk Governance - Ineffective governance of Council’s operations and activities resulting in either a legislative or policy breach

This policy supports effective governance in relation to CEO employment and remuneration matters and meets the requirements under the Local Government Act 2020.

Links to whittlesea 2040 and the CoUNCIL Plan

Goal                                       High-performing organisation

Key Direction                        Driving better community outcomes through improved service access, satisfaction and advocacy

The Chief Executive Officer Employment and Remuneration Policy supports effective decision making in relation to CEO contractual and performance matters.

Declarations of Conflicts of Interest

Under Section 130 of the Local Government Act 2020 and Rule 47 of the Governance Rules 2021, officers providing advice to Council are required to disclose any conflict of interest they have in a matter and explain the nature of the conflict.

The Responsible Officer reviewing this report, having made enquiries with relevant members of staff, reports that no disclosable interests have been raised in relation to this report.

Conclusion

The Chief Executive Officer Employment and Remuneration Policy has been developed for Council’s consideration. It is required to be endorsed by 31 December 2021 under the Local Government Act 2020.

RECOMMENDATION

THAT Council resolve to

1.   Adopt the Chief Executive Officer Employment and Remuneration Policy contained in Attachment 1 of this report effective 26 October 2021; and

2.   Revoke the CEO Employment Advisory Committee (CEMAC) terms of reference  and CEO Protocols Policy effective 26 October 2021

 

Council Resolution

Moved:                       Administrator Duncan

Seconded:               Chairperson Wilson

 

THAT Council resolve to adopt the Recommendation.

Carried

 


UNCONFIRMED Additional Council Minutes                                                                        Monday 25 October 2021

 

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UNCONFIRMED Additional Council Minutes                                                           Monday 25 October 2021

 

5.         Confidential Business

5.1       High Performing Organisation

5.1.1    Confirmation of minutes and associated actions of CEMAC meeting held 14 October 2021 1

Council Resolution

Moved:                       Administrator Eddy

Seconded:               Administrator Duncan

 

THAT Council resolve to close the meeting to members of the public for the purpose of considering details relating to the following confidential matters in accordance with Section 66(2)(a) of the Local Government Act 2020 as follows:

5.1.1    Confirmation of minutes and associated actions of CEMAC meeting held 14 October 2021

This report is presented to Council as a confidential document on the grounds that it contains:

 

●          personal information, being information which if released would result in the unreasonable disclosure of information about any person or their personal affairs.

In particular the report/attachment contains information regarding the CEO employment, performance and remuneration.

Carried

 

6.         Closure

ACCORDINGLY, THE MEETING WAS CLOSED TO THE PUBLIC AT 6.30PM.

CONFIRMED THIS 8th DAY OF NOVEMBER 2021.

 

 

 

___________________________

LYDIA WILSON

CHAIR OF COUNCIL