2020-09-17 Ordinary Meeting Agenda

ORDINARY MEETING AGENDA                                                       17 SEPTEMBER 2020


9    ORDINARY MEETING REPORTS


1    COUNCILLOR MEETING ATTENDANCE - LEAVE OF ABSENCE

Author            Chief Executive Officer, Brett de Chastel
                  CEO’s Office

Index             ECM/ Subject/ Council Meetings General

Attachments       Nil



EXECUTIVE SUMMARY
Not applicable.

RECOMMENDATION
That Council note the report by the Chief Executive Officer to the Ordinary meeting dated 17
September 2020 and agree to provide Cr Finzel with a leave of absence for the Ordinary Meeting of
17 September 2020.



REPORT
Section 162(1)(e)(ii) of the Local Government Act 2009 states that “a councillor’s office becomes
vacant if the councillor is absent from 2 or more consecutive ordinary meetings of the local
government over a period of at least 2 months, unless the councillor is absent with the local
government’s leave”.

Section 162(1) of the Act is provided below by way of background information:

162 When a councillor’s office becomes vacant
(1) A councillor’s office becomes vacant if the councillor—
    (a) ceases to be qualified to be a councillor under division 1; or
    (b) is found, on a judicial review, to be ineligible to continue to be a councillor; or
    (c) does not comply with section 169; or
    (d) ceases to be a councillor under section 172; or
    (e) is absent from 2 or more consecutive ordinary meetings of the local government over a
         period of at least 2 months, unless the councillor is absent—
         (i)    in compliance with an order made by the conduct tribunal, the local government or
                the chairperson of a meeting of the local government or a committee of the local
                government; or
         (ii) with the local government’s leave; or
         (iii) while the councillor is suspended under section 122, 123 or 175K; or
    (f)  resigns as a councillor by signed notice of resignation given to the chief executive officer;
         or
    (g) dies; or
    (h) becomes a local government employee.


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