Agenda of Special Meeting of Council

OUR VISION

"A thriving and friendly community that recognises our history and embraces cultural diversity and economic opportunity, whilst nurturing our unique natural and built environment."

OUR MISSION

“To deliver affordable and quality Local Government services.”

CORE VALUES OF THE SHIRE

The core values that underpin the achievement of the

mission will be based on a strong customer service

focus and a positive attitude:

Communication

Integrity

Respect

Innovation

Transparency

Courtesy

DISCLAIMER

The purpose of Council Meetings is to discuss, and where possible, make resolutions about items appearing on the agenda. Whilst Council has the power to resolve such items and may in fact, appear to have done so at the meeting, no person should rely on or act on the basis of such decision or on any advice or information provided by a Member or Officer, or on the content of any discussion occurring, during the course of the meeting.

Persons should be aware that the provisions of the Local Government Act 1995 (Section 5.25 (e)) establish procedures for revocation or rescission of a Council decision. No person should rely on the decisions made by Council until formal advice of the Council decision is received by that person. The Shire of Broome expressly disclaims liability for any loss or damage suffered by any person as a result of relying on or acting on the basis of any resolution of Council, or any advice or information provided by a Member or Officer, or the content of any discussion occurring, during the course of the Council meeting.

Agenda – Special Meeting of Council 23 October 2017 Page 1 of 2

1. Official Opening

Welcome by the Chief Executive Officer.

2. Attendance And Apologies

Attendance:

Invited Guests:

Leave of Absence:

Apologies:

Officers:

Public Gallery:

3. SWEARING IN OF NEWLY ELECTED COUNCILLORS

Section 2.29 of the Local Government Act 1995 requires a person who has been elected as a Councillor to make a declaration in the prescribed form before acting in the office. The declaration is to be made before a person before whom a statutory declaration can be made under the Oaths, Affidavits and Statutory Declarations Act 2005. Superintendent Allan Adams officiates for this purpose.

4. election of shire president

The procedure for electing a Shire President is set out in Schedule 2.3, Division 1, of the Local Government Act 1995 (Attachment 1). The election is to be conducted as the first matter at the first meeting of the Council following an ordinary election.

The Chief Executive Officer will nominate a Returning Officer. Nominations for the office are to be received in writing to the Chief Executive Officer before the meeting, or during the meeting before the close of nominations. Nominations close at the meeting at a time announced by the Chief Executive Officer.

Councillors are to vote on the matter by secret ballot as if they were electors voting at an election. The votes cast are to be counted, and the successful candidate determined in accordance with Schedule 4.1 (Attachment 2).

If two or more candidates receive the same number of votes, so that no candidate has the greatest number of votes, the count is to be discontinued and the meeting is to be adjourned for not more than seven days. Should this occur, it is intended to initially adjourn the meeting for ten minutes, and then resume the meeting. Any nomination for the office may be withdrawn, and further nominations may be made, before or when the meeting resumes. When the meeting resumes the councillors are to vote again.

The Chief Executive Officer is to declare and give notice of the result in accordance with regulation 11F of the Local Government (Constitution) Regulations 1998 (Attachment 3).

The Chief Executive Officer will call for nominations for Shire President.

Swearing in of Shire President

The same procedure as for Item 3 applies. Superintendent Allan Adams to officiate.

The Shire President will now take up the position of presiding member for the meeting.

5. election of deputy shire president

The Shire President is to determine the procedure for electing the Deputy Shire President. However, Schedule 2.3, Division 2 of the Local Government Act 1995 (Attachment 4) sets out a procedure, which is essentially the same as that for electing the President. The election is to be conducted as the next matter following the election of the Shire President, at the first meeting of the Council after an ordinary election.

The Chief Executive Officer will act as the Returning Officer for this election. Nominations for the office are to be received in writing to the Chief Executive Officer before the meeting, or during the meeting before the close of nominations. Nominations close at the meeting at a time announced by the Chief Executive Officer.

The Shire President will call for nominations for Deputy Shire President.

The Shire President is to declare and give notice of the result in accordance with regulation 11F of the Local Government (Constitution) Regulations 1998 (Attachment 3).

Swearing in of Deputy Shire President

The same procedure as for Item 3 applies. Superintendent Allan Adams will officiate.

6. public question time

7. Meeting Closure

There being no further business Superintendent Allan Adams declared the meeting closed at <time>pm.

Agenda – Special Meeting of Council 23 October 2017 Page 1 of 2

Attachment 1: Schedule 2.3, Division 1, of the Local Government Act 1995 — When and how mayors, presidents, deputy mayors and deputy presidents are elected by the council

[Sections 2.11(1)(b) and 2.15]

Division 1 — Mayors and presidents

1. Terms used

In this Division —

extraordinary vacancy means a vacancy that occurs under section 2.34(1);

office means the office of councillor mayor or president.

2. When council elects mayor or president

(1) The office is to be filled as the first matter dealt with —

(a) at the first meeting of the council after an inaugural election or a section 4.13 or 4.14 election or after an ordinary elections day; and

(b) at the first meeting of the council after an extraordinary vacancy occurs in the office.

(2) If the first ordinary meeting of the council is more than 3 weeks after an extraordinary vacancy occurs in the office, a special meeting of the council is to be held within that period for the purpose of filling the office.

3. CEO to preside

The CEO is to preside at the meeting until the office is filled.

4. How mayor or president is elected

(1) The council is to elect a councillor to fill the office.

(2) The election is to be conducted by the CEO in accordance with the procedure prescribed.

(3) Nominations for the office are to be given to the CEO in writing before the meeting or during the meeting before the close of nominations.

(3a) Nominations close at the meeting at a time announced by the CEO, which is to be a sufficient time after the announcement by the CEO that nominations are about to close to allow for any nominations made to be dealt with.

(4) If a councillor is nominated by another councillor the CEO is not to accept the nomination unless the nominee has advised the CEO, orally or in writing, that he or she is willing to be nominated for the office.

(5) The councillors are to vote on the matter by secret ballot as if they were electors voting at an election.

(6) Subject to clause 5(1), the votes cast under subclause (5) are to be counted, and the successful candidate determined, in accordance with Schedule 4.1 (which deals with determining the result of an election) as if those votes were votes cast at an election.

(7) As soon as is practicable after the result of the election is known, the CEO is to declare and give notice of the result in accordance with regulations, if any.

[Clause 4 amended by No. 49 of 2004 s. 69(2)‑(5); No. 66 of 2006 s. 14.]

5. Votes may be cast a second time

(1) If when the votes cast under clause 4(5) are counted there is an equality of votes between 2 or more candidates who are the only candidates in, or remaining in, the count, the count is to be discontinued and the meeting is to be adjourned for not more than 7 days.

(2) Any nomination for the office may be withdrawn, and further nominations may be made, before or when the meeting resumes.

(3) When the meeting resumes the councillors are to vote again on the matter by secret ballot as if they were electors voting at an election.

(4) The votes cast under subclause (3) are to be counted, and the successful candidate determined, in accordance with Schedule 4.1 as if those votes were votes cast at an election.

Attachment 2: Schedule 4.1, Division 1, of the Local Government Act 1995 — How to count votes and ascertain the result of an election

[s. 4.74]

[Heading inserted by No. 15 of 2009 s. 5.]

1. The number of votes given for each candidate is to be ascertained.

2. If the election is to fill the office of mayor or president, the candidate who receives the greater or greatest number of votes is elected.

3. If the election is to fill one office of councillor, the candidate who receives the greater or greatest number of votes is elected.

4. If the election is to fill 2 or more offices of councillor, the candidates elected are —

(a) the candidate who receives the greatest number of votes; and

(b) the candidate who receives the next highest number of votes; and

and so on up to the number of offices to be filled.

5. If 2 or more candidates receive the same number of votes so that clause 2, 3 or 4 cannot be applied, the returning officer is to draw lots in accordance with regulations to determine which candidate is elected.

[Schedule 4.1 inserted by No. 15 of 2009 s. 5.]

Attachment 3: Regulation 11F of the Local Government (Constitution) Regulations 1998

11F. Declaration and notice of result of election — (Sch. 2.3 cl. 4 and 8)

(1) The person conducting the election is to declare the result of the election to the council members at the meeting at which the election was held.

(2) The declaration is to include —

(a) the names of the candidates; and

[(aa) deleted]

(b) the name and term of office of the candidate declared elected.

(3) The declaration may include the number of votes received by each candidate.

(4) The person conducting the election is also to give local public notice of the result of the election in the form of Form 19 of the Local Government (Elections) Regulations 1997, modified as is necessary for the purposes of this regulation.

[Regulation 11F inserted in Gazette 31 Mar 2005 p. 1046; amended in Gazette 21 Aug 2007 p. 4186 and 4188; 28 Aug 2009 p. 3372.]

Attachment 4: Schedule 2.3, Division 2 of the Local Government Act 1995 — Deputy mayors and deputy presidents

6. Terms used

In this Division —

extraordinary vacancy means a vacancy that occurs under section 2.34(1);

office means the office of deputy mayor or deputy president.

7. When council elects deputy mayor or deputy president

(1) If the local government has an elector mayor or president the office of deputy mayor or deputy president is to be filled as the first matter dealt with —

(a) at the first meeting of the council after an inaugural election or a section 4.13 or 4.14 election or after an ordinary elections day; and

(b) at the first meeting of the council after an extraordinary vacancy occurs in the office.

(2) If the local government has a councillor mayor or president the office of deputy mayor or deputy president is to be filled —

(a) as the next matter dealt with after the mayor or president is elected at the first meeting of the council after an inaugural election or a section 4.13 or 4.14 election or after an ordinary elections day; and

(b) subject to subclause (3), as the first matter dealt with at the first meeting of the council after an extraordinary vacancy occurs in the office.

(3) If at a meeting referred to in clause 2(1)(b) the deputy mayor or deputy president is elected to be the mayor or president, the resulting extraordinary vacancy in the office is to be filled as the next matter dealt with at the same meeting.

8. How deputy mayor or deputy president is elected

(1) The council is to elect a councillor (other than the mayor or president) to fill the office.

(2) The election is to be conducted in accordance with the procedure prescribed by the mayor or president, or if he or she is not present, by the CEO.

(3) Nominations for the office are to be given to the person conducting the election in writing before the meeting or during the meeting before the close of nominations.

(3a) Nominations close at the meeting at a time announced by the person conducting the election, which is to be a sufficient time after the announcement by that person that nominations are about to close to allow for any nominations made to be dealt with.

(4) If a councillor is nominated by another councillor the person conducting the election is not to accept the nomination unless the nominee has advised the person conducting the election, orally or in writing, that he or she is willing to be nominated for the office.

(5) The council members are to vote on the matter by secret ballot as if they were electors voting at an election.

(6) Subject to clause 9(1) the votes cast under subclause (5) are to be counted, and the successful candidate determined, in accordance with Schedule 4.1 as if those votes were votes cast at an election.

(7) As soon as is practicable after the result of the election is known, the person conducting the election is to declare and give notice of the result in accordance with regulations, if any.

[Clause 8 amended by No. 64 of 1998 s. 54(2)‑(4); No. 49 of 2004 s. 69(6)‑(9).]

9. Votes may be cast a second time

(1) If, when the votes cast under clause 8(5) are counted, there is an equality of votes between 2 or more candidates who are the only candidates in, or remaining in, the count, the count is to be discontinued and, not more than 7 days later, a special meeting of the council is to be held.

(2) Any nomination for the office may be withdrawn, and further nominations may be made, before or when the special meeting is held.

(3) When the special meeting is held the council members are to vote again on the matter by secret ballot as if they were voting at an election.

(4) The votes cast under subclause (3) are to be counted, and the successful candidate determined, under Schedule 4.1 as if those votes were votes cast at an election.

[Clause 9 amended by No. 49 of 2004 s. 69(10).]