A Special Meeting of Electors of the City of Melville will be held at the Mount Pleasant Baptist Community College, 497 Marmion Street, Booragoon commencing at 6.30pm on Thursday 26 April 2018.
A Special Meeting of Electors of the City of Melville will be held at Mount Pleasant Baptist Community College, 497 Marmion Street, Booragoon commencing at 6.30pm on Thursday 26 April 2018 to consider a request signed by 570 electors to discuss the following-
Compliance with the Local Government Act 1995 by the City of Melville, Elected Members and Chief Executive Officer.
Electors and Ratepayers of the City are welcome to attend. Registration will be available from 5.45pm. The Council Meeting Schedule, Agendas and Minutes of all meetings are available at www.melvillecity.com.au/agendas
Dr Shayne Silcox
Chief Executive Officer
Special Meeting of Electors
The requestors of the special meeting of electors have notified that:-
“The specified 'details of the matter to be discussed at the special meeting are' –
The responsibility of Elected Members and the CEO to ensure that the City complies with legislative processes and:
1) whether particular Elected Members and the CEO have acted with due diligence and good faith and taken due care to inform, be informed and seek information necessary to make informed decisions; and
2) whether these Elected Members knowingly voted to structure transactions to avoid the application of the Local Government Act 1995; and
3) whether the actions of these Elected Members have facilitated or resulted in the City entering into transactions even though the process that was followed did not comply with the legislative requirements,”
(together, the Specified Matters)
Additional Information Provided By The City’s Administration Regarding:-
The Specified Matters
The City of Melville is currently subject to an Authorised Inquiry, being undertaken by the Department of Local Government, Sport and Cultural Industries. The scope of that Inquiry will cover issues very similar to those alluded to in the Specified Matters. It is therefore not appropriate for the City’s elected members or officers to comment or respond to any matters related to the Specified Matters, until the outcome and findings of the Inquiry are handed down.
Alleged serious or minor misconduct by an individual elected member or employee of the City of Melville
Where any elector of the City of Melville or any member of the public generally, has any reasonable basis to suspect serious or minor misconduct by an individual elected member or employee of the City of Melville, they should refer the matter to the appropriate specialist agency.
These agencies have the necessary powers and authority to investigate and make properly informed and considered findings about alleged or suspected misconduct by individual elected members or employees of a local government and to do so in accordance with the rules of natural justice.
• For suspected serious misconduct, the matter may be reported to and dealt with by the Corruption and Crime Commission
(under the Corruption, Crime and Misconduct Act 2003 (CCM Act)).
• For suspected minor misconduct by an employee, the matter may be reported to and dealt with by the Public Sector Commissioner
(under the CCM Act).
• For suspected minor misconduct by an elected member, the matter may be the subject of a complaint to the Local Government Standards Panel
(under the Local Government Act 1995).
The Department of Local Government and the Ombudsman, among other State agencies, also have extensive powers of investigation in relation to misconduct or inappropriate behaviour, including any of the Specified Matters listed in the Special Meeting Request.
The City’s Obligations Under The Occupational Safety and Health Act 1984
Under the Occupational Safety and Health Act 1984 (OSH Act), the City has obligations as an employer to provide and maintain a working environment in which its employees are not exposed to hazards (defined to include anything that may result in harm to the health of a person, whether physical or mental) (section 19(1) of the OSH Act); and
As the person in control of the 'workplace' the City must ensure that others at the workplace, including elected members, are not exposed to hazards (see section 22(1) of the OSH Act).
Under these provisions, the City has an obligation to take whatever measures are practicable to ensure that elected members and employees of the City are not exposed to any hazards that could result from the Specified Matters being discussed at the proposed special electors' meeting.
Conduct of the Meeting
In these circumstances, and for the reasons outlined above, the City believes it would be an abuse of process for the Specified Matters to be discussed at the proposed elector’s meeting. The City will therefore not participate in any discussion or answer any questions on the Specified Matters.
During the conduct of the meeting the City will take whatever measures are necessary to ensure that the Safety and Health of its elected members and employees is protected.
The Chief Executive Officer will cause minutes of the proceedings to be kept and made available in accordance with Section 5.32 of the Local Government Act 1995 and any decisions made at the electors meeting will be considered at the next ordinary council meeting in accordance with Section 5.33 of the Act.