2019-12-19 Ordinary Meeting Agenda

ORDINARY MEETING AGENDA                                                                         19 DECEMBER 2019


9                        ORDINARY MEETING REPORTS


1                        COUNCILLOR VACANCY
Document i nformati on




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

Index                               ECM/ Subject/ Councillors Employment

Attachments                         Nil.


EXECUTIVE SUMMARY
Not applicable.

RECOMMENDATION
That Council note the report by the Chief Executive Officer to the Ordinary Meeting dated 19
December 2019 and:
A.                       Note the Councillor vacancy due to the automatic loss of office of former Cr Frank Pardon due
                         to him being disqualified from holding office pursuant to section 154 of the Local Government
                         Act;
B.                       Resolve pursuant to section 163 (5) of the Local Government Act, not to fill the current
                         Councillor vacancy due to the proximity of the March 2020 election;
C.                       Appoint Cr ___________ to the Capital Works Executive and Cr ___________ to the Cooroy
                         Hinterland Playground Project External Working Group; and
D.                       Note that the membership of the Services and Organisation Committee will be Cr Jurisevic
                         (Chairperson), Cr Wilkie and Cr Wellington with the quorum of the Committee remaining as
                         two Councillors.



REPORT
This report provides Council with advice and implications under the Local Government Act of the
recent court decision to find former Cr Frank Pardon guilty on a range of charges together with the
imposition of a custodial sentence. There are a number of issues flowing from this court decision
including:
1.                       Loss of qualification to continue to hold office as a Councillor;
2.                       Process for dealing with a Councillor vacancy; and
3.                       Replacing the former Councillor on a number of working groups / committees etc.


1.                       Loss of qualification to continue to hold office as a Councillor
The Local Government Act contains provisions that set out when a councillor can lose office. Section
154 of the Local Government Act provides as follows:-
154 Disqualification of prisoners
(1)                      A person cannot be a councillor while the person is a prisoner.
(2)                      A prisoner is a person who—

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