❓ A WA parliamentary question on notice scrutinizes the Shire of Carnarvon's governance, particularly regarding CEO appointments, compliance reports, and website transparency. The response largely cites a lack of legislative requirements.
AnsweredQoN 4408Legislative Council
QuestionView source ↗
(1) I refer to Shire of Carnarvon minutes from meetings held on 25 June 2013 and 23 July 2013, and I ask: (a) why does the termination/resignation of the previous Chief Executive Officer, Mr Maurice Battalion, not appear in the Shire of Carnarvon minutes? (2) I refer to Shire of Carnarvon minutes for monthly council meetings from September 2013 through to December 2013, and the Department of Local Government and Communities Operational Guidelines (Number 10 – Revised 2012) for appointing a Chief Executive Officer (CEO): (a) why does the current CEO, Mr Ian D’Arcy, employment contract not appear in the Shire of Carnarvon minutes; (b) was the CEO contract approved by a resolution of the council; and (c) was there an independent selection committee report provided to the council on the preferred candidate for the CEO position? (3) Has the Department of Local Government, Shire of Carnarvon Probity Compliance Audit Report (June 2013) , been officially adopted by the council and tabled in Shire of Carnarvon minutes? (4) If yes to (3), then why does it only appear in the Shire of Carnarvon 2013-14 Annual Report, President's Report ? (5) Why are there no special Shire of Carnarvon meeting minutes for 2013 listed on their website? (6) Why are there no Shire of Carnarvon Audit and Risk Committee minutes listed on their website? (7) Why are the 2011 Shire of Carnarvon monthly council meeting minutes not available on their website? (8) Does the Shire of Carnarvon have an Indigenous Engagement Strategy? (9) If yes to (8), will the Minister please table the strategy? (10) If no to (8), why not?
AnswerView source ↗
Answered
9 November 2016
Responded by
Minister for Planning representing the Minister for Local Government
Response time
50 days
(1)(a) There is no legislative requirement and hence it is solely a decision for the council as to whether a Chief Executive Officer (CEO)’s resignation is to be recorded in the minutes of a local government Council meeting.
(2)(a) There is no legislative requirement for the employment contract of a local government CEO to be included in the minutes of a local government Council meeting. Moreover commercial-in-confidence matters such as contractual issues are normally dealt with by any council as a “decision made behind closed doors.”
(2)(b) Yes, at a Special Council Meeting held on 8 October 2013.
(2)(c) The Council is not required to indicate if it appointed an independent selection panel.
(3) The Probity Compliance Report was received by the Council, and each of the Department’s recommendations adopted, at a Special Council Meeting held on 8 October 2013. The Report was tabled in Parliament on 27 November 2013.
(4) The decision to include reference to the Probity Compliance Audit in the Annual Report is at the discretion of the Shire President.
(5) There is no legislative requirement for the minutes of any meetings of Council to be published on a website.
(6) See response at (5) above
(7) See response at (5) above
(8) There is no legislative requirement for a local government to have a specific Indigenous Engagement Strategy.
(9) See response at (8) above
(10) See response at (8) above
(2)(a) There is no legislative requirement for the employment contract of a local government CEO to be included in the minutes of a local government Council meeting. Moreover commercial-in-confidence matters such as contractual issues are normally dealt with by any council as a “decision made behind closed doors.”
(2)(b) Yes, at a Special Council Meeting held on 8 October 2013.
(2)(c) The Council is not required to indicate if it appointed an independent selection panel.
(3) The Probity Compliance Report was received by the Council, and each of the Department’s recommendations adopted, at a Special Council Meeting held on 8 October 2013. The Report was tabled in Parliament on 27 November 2013.
(4) The decision to include reference to the Probity Compliance Audit in the Annual Report is at the discretion of the Shire President.
(5) There is no legislative requirement for the minutes of any meetings of Council to be published on a website.
(6) See response at (5) above
(7) See response at (5) above
(8) There is no legislative requirement for a local government to have a specific Indigenous Engagement Strategy.
(9) See response at (8) above
(10) See response at (8) above
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