Agenda of Special Meeting - 28 February 2019

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.

Should you require this document in an alternative format please contact us.

Agenda – Special Meeting of Council 28 February 2019 Page 1 of 4

1. Official Opening

2. Attendance and Apologies

Attendance:

Leave of Absence:

Apologies:

Officers:

Public Gallery:

3. Declarations of Financial Interest / Impartiality

FINANCIAL INTEREST
Councillor	Item No	Item	Nature of Interest

IMPARTIALITY
Councillor	Item No	Item	Nature of Interest

4. Public Question Time

5. Matters for Which the Meeting May Be Closed

Under section 5.23 (2)(d) of the Local Government Act 1995 Council may resolve to move the meeting behind closed doors.

6.1

Our Organisation

PRIORITY STATEMENT

Council will strive to create an environment where local governance is delivered in an open and accountable manner; where we provide leadership to the region in such areas as planning and financial management; where the community has the opportunity to contribute to the Council’s decision making thereby fostering ownership of strategies and initiatives.

In delivering open, accountable and inclusive governance, we will be ever mindful that we operate within a highly regulated environment that requires a high level of compliance.

Council will strive to be the conduit between the other spheres of government and the community, translating State and Federal law, policy and practice into customer focussed, on ground service delivery that support’s Broome’s unique lifestyle.

The Region is experiencing significant change with Council dedicated to sound governance, effective leadership and innovation, and high quality services. Building organisational capacity is a priority with a commitment to delivering services to the community in a sustainable, effective and accountable way.

Agenda – Special Meeting of Council 28 February 2019 Page 1 of 4

6.4.1 COUNCILLOR FOY LEAVE OF ABSENCE REQUEST

LOCATION/ADDRESS: Nil

APPLICANT: Councillor Elsta Foy

FILE: GOC07

AUTHOR: Senior Procurement, Risk & Governance Officer

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Director Corporate Services

DISCLOSURE OF INTEREST: Nil

DATE OF REPORT: 28 February 2019

SUMMARY: The purpose of this report is for Council to consider a request for Leave of Absence submitted by Councillor E Foy on 28 February 2019.

BACKGROUND

Previous Considerations

Nil.

COMMENT

A written request for a leave of absence for the Ordinary Meeting of Council to be held 28 February 2019 has been received from Councillor Elsta Foy on 28 February 2019, as contained in attachment 1. Council are requested to consider approving the leave request.

STATUTORY ENVIRONMENT

2.25. Disqualification for failure to attend meetings

(1) A council may, by resolution, grant leave of absence, to a member.

(2) Leave is not to be granted to a member in respect of more than 6 consecutive ordinary meetings of the council without the approval of the Minister, unless all of the meetings are within a period of 3 months.

(3A) Leave is not to be granted in respect of —

(a) a meeting that has concluded; or

(b) the part of a meeting before the granting of leave.

(3) The granting of the leave, or refusal to grant the leave and reasons for that refusal, is to be recorded in the minutes of the meeting.

(4) A member who is absent, without obtaining leave of the council, throughout 3 consecutive ordinary meetings of the council is disqualified from continuing his or her membership of the council, unless all of the meetings are within a 2 month period.

(5A ) If a council holds 3 or more ordinary meetings within a 2 month period, and a member is absent without leave throughout each of those meetings, the member is disqualified if he or she is absent without leave throughout the ordinary meeting of the council immediately following the end of that period.

(5) The non‑attendance of a member at the time and place appointed for an ordinary meeting of the council does not constitute absence from an ordinary meeting of the council —

(a) if no meeting of the council at which a quorum is present is actually held on that day; or

(b) if the non‑attendance occurs —

(i) while the member has ceased to act as a member after written notice has been given to the member under section 2.27(3) and before written notice has been given to the member under section 2.27(5); or

(ii) while proceedings in connection with the disqualification of the member have been commenced and are pending; or

(iiia) while the member is suspended under section 5.117(1)(a)(iv) or Part 8; or

(iii) while the election of the member is disputed and proceedings relating to the disputed election have been commenced and are pending.

(6) A member who before the commencement of the Local Government Amendment Act 2009 section 5¹ was granted leave during an ordinary meeting of the council from which the member was absent is to be taken to have first obtained leave for the remainder of that meeting.

RISK

If Council do not approve this leave of absence request, Councillor Foy risks disqualification from her duties as councillor in accordance with section 2.25 of the Local Government Act 1995.

STRATEGIC IMPLICATIONS

Our Organisation Goal – Continually enhance the Shire’s organisational capacity to service the needs of a growing community:

An organisational culture that strives for service excellence

Responsible resource allocation

Effective community engagement

Improved systems, processes and compliance

VOTING REQUIREMENTS

Absolute Majority

REPORT RECOMMENDATION:

That Councillor E Foy be granted Leave of Absence for the Ordinary Meeting of Council to be held 28 February 2019.

(Absolute Majority Required)

Attachments

1.	Written Request