Council Meeting Election of the Mayor and Deputy Mayor 2020/2021
Held in the
Council Chamber
Nunawading Civic Centre
379 Whitehorse Road Nunawading
on
Wednesday 18 November 2020
at 7:00pm
Members: Cr Barker, Cr Carr, Cr Cutts, Cr Davenport, Cr Lane, Cr Liu,
Cr McNeill, Cr Massoud, Cr Munroe, Cr Skilbeck, Cr Stennett
Mr Simon McMillan
Chief Executive Officer
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Recording of Meeting and Disclaimer Please note every Council Meeting (other than items deemed confidential under section 3 (1) of the Local Government Act 2020) is being recorded and streamed live on Whitehorse City Council’s website in accordance with Council's Live Streaming and Recording of Meetings Policy. A copy of the policy can also be viewed on Council’s website. The recording will be archived and made publicly available on Council's website within 48 hours after the meeting on www.whitehorse.vic.gov.au for a period of three years (or as otherwise agreed to by Council). Live streaming allows everyone to watch and listen to the meeting in real time, giving you greater access to Council debate and decision making and encouraging openness and transparency. All care is taken to maintain your privacy; however, as a visitor in the public gallery, your presence may be recorded. By remaining in the public gallery, it is understood your consent is given if your image is inadvertently broadcast. Opinions expressed or statements made by individual persons during a meeting are not the opinions or statements of Whitehorse City Council. Council therefore accepts no liability for any defamatory remarks that are made during a meeting. |
Whitehorse City Council
Council Minutes - Election of the Mayor and Deputy Mayor 18 November 2020
TABLE OF CONTENTS
9.2.1 Oath or Affirmation of Office
9.2.2 Mayoral and Councillor Allowances
9.2.6 Election of the Deputy Mayor
9.2.7 Acknowledgement of former Councillors
Council Minutes 18 November 2020
Meeting opened at 7:00pm
Present: Cr Barker, Cr Carr, Cr Cutts, Cr Davenport, Cr Lane, Cr Liu, Cr Massoud,
Cr McNeill, Cr Munroe, Cr Skilbeck, Cr Stennett
In accordance with Whitehorse City Council Governance Rules 2020 the Chief Executive Officer was the temporary Chairperson to chair the meeting. The Chief Executive Officer was the Returning Officer at which the election of the Mayor was conducted but had no voting rights. The Chief Executive Officer facilitated the election of the Mayor in accordance with the provisions of the Local Government Act 2020.
The Prayer and Aboriginal Reconciliation Statement was read by the temporary Chairperson Chief Executive Officer Mr Simon McMillan.
We give thanks, O God, for the Men and Women of the past whose generous devotion to the common good has been the making of our City.
Grant that our own generation may build worthily on the foundations they have laid.
Direct our minds that all we plan and determine, is for the wellbeing of our City.
Amen.
1b Aboriginal Reconciliation Statement
“In the spirit of reconciliation Whitehorse City Council acknowledges the Wurundjeri people as the traditional custodians of the land we are meeting on. We pay our respects to their Elders past and present.”
The temporary Chairperson Chief Executive Officer Mr Simon McMillan, introduced Councillors and members of staff and welcomed members of the public viewing the meeting via Council’s live streaming service.
APOLOGIES: Nil
MOTION
Moved by Cr Lane, Seconded by Cr Cutts
That the meeting be adjourned for three minutes.
CARRIED
The meeting was adjourned at 7.04pm
MOTION
Moved by Cr Massoud, Seconded by Cr McNeill
That the meeting resume.
CARRIED
The meeting resumed at 7.07pm
3. Oath or Affirmation of Office
SUMMARY
Following the Whitehorse City Council General Election held on 24 October 2020, the Victorian Electoral Commission declared the results of the Whitehorse City Council Election on 11 November 2020. Before being capable of acting as a Councillor, all persons elected to be Councillors must take the oath or affirmation of office. The declaration must be in writing and witnessed by the Chief Executive Officer.
Whitehorse City Councillors took their Oath of Office or made their Affirmation of Office on Thursday 12 November 2020.
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Moved by Cr Stennett, Seconded by Cr Liu That Council note the following Councillors made an Oath or Affirmation of Office on Thursday 12 November 2020, administered and witnessed by the Chief Executive Officer: Cootamundra Ward - Andrew Munroe Eley Ward - Trudy Skilbeck Elgar Ward - Blair Barker Kingsley Ward - Amanda McNeill Lake Ward - Denise Massoud Mahoneys Ward - Mark Lane Simpson Ward - Prue Cutts Sparks Ward - Tina Liu Terrara Ward - Raylene Carr Walker Ward -Ben Stennett Wattle Ward - Andrew Davenport |
background
The Whitehorse City Council General Election was held on 24 October 2020, with the Victorian Electoral Commission formally declaring the election results on 11 November 2020.
Under Section 30 of the Local Government Act 2020 in relation to oath or affirmation of office the following applies:
1) A person elected to be a Councillor is not capable of acting as a Councillor until the person has taken the oath or affirmation of office in the manner prescribed by the Regulations
2) The oath or affirmation of must be:
a) Administered by the Chief Executive Officer; and
b) Dated and signed before the Chief Executive Officer; and
c) Recorded in the minutes of the Council, whether or not the oath or affirmation was taken at a Council meeting.
Under Regulation 5 of the Local Government (Governance and Integrity) Regulations 2020 in respect of oath or affirmation of office the following applies:
For the purposes of section 30(1) of the Local Government Act 2020, the prescribed manner for taking the oath or affirmation of office is:
a) In accordance with the requirements of Part 2 of the Oaths and Affirmations Act 2018; and
b) In person or, with the approval of the Chief Executive Officer, by means of an audio visual link; and
c) In the following form:
"I will undertake the duties of the office of Councillor in the best interests of the municipal community.
I will abide by the Councillor Code of Conduct and uphold the standards of conduct set out in the Councillor Code of Conduct.
I will faithfully and impartially carry out and exercise the functions, powers, authorities and discretions vested in me under the Local Government Act 2020 and any other Act to the best of my skill and judgement."
In accordance with Part 2, section 7 of the Oath and Affirmations Act 2018, a person required to take an oath may choose to take an oath or to make an affirmation.
Councillor Code of Conduct
Section 139 (4) of the Local Government Act 2020, requires a Council to review and adopt the Councillor Code of Conduct within four months after a general election.
Section 139 (5) of the Local Government Act 2020, states that until a Council adopts a Councillor Code of Conduct under subsection (4), the Councillors must comply with the existing Councillor Code of Conduct.
All Councillors have received a copy of the (existing) City of Whitehorse Councillor Code of Conduct which was adopted by Council 20 February 2017.
4. Mayoral and Councillor Allowances
SUMMARY
5.1 The Local Government Act 2020 states that:
5.1.1 The Councillors must elect a Councillor to be the Mayor of the Council.
(section 28 (1))
5.1.2 A Mayor is to be elected no later than one month after the date of a general election
(section 26 (1))
5.1.3 Before the election of the Mayor takes place, Council must determine by resolution whether the Mayor is to be elected for a 1 year or a 2 year term.
(section 26 (3))
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Moved by Cr Massoud, Seconded by Cr Stennett The Mayor to be elected at this meeting will hold the position of Mayor for a term of one year, ie term will be 18 November 2020 to 8 November 2021. |
SUMMARY
The Local Government Act 2020 states that a Mayor is to be elected no later than one month after the date of a general election.
The election of the Mayor takes place in accordance with Section 25 of the Local Government Act 2020, and the Whitehorse City Council Governance Rules 2020 which requires:
- voting at a meeting that is open to the public to be conducted openly by show of hands;
- that the election of the Mayor be chaired by the Chief Executive Officer and
6.1 The Role of the Mayor and Specific Powers of the Mayor
6.1.1 The Role of the Mayor
Section 18 (1) of the Local Government Act 2020 defines the functions of the Mayor to include:
a) Chair Council meetings: and
b) be the principal spokesperson for the Council; and
c) lead engagement with the municipal community on the development of the Council Plan; and
d) report to the municipal community, at least once each year, on the implementation of the Council Plan; and
e) promote behaviour among Councillors that meets the standards of conduct set out in the Councillor Code of Conduct; and
f) assist Councillors to understand their role; and
g) take a leadership role in ensuring the regular review of the performance of the Chief Executive Officer; and
h) provide advice to the Chief Executive Officer when the Chief Executive Officer is setting the agenda for Council meetings; and
i) perform civic and ceremonial duties on behalf of the Council
6.1.2 Specific Powers of the Mayor
Section 19 (1) of the Local Government Act 2020 defines the following specific powers of the Mayor:
a) To appoint a Councillor to be the Chair of a delegated committee;
b) To direct a Councillor, subject to any procedures or limitations specified in the Governance Rules, to leave a Council meeting if the behaviour of the Councillor is preventing the Council from conducting its business;
c) To require the Chief Executive Officer to report to the Council on the implementation of a Council decision.
Election of the Mayor
6.2 The temporary Chairperson, Chief Executive Officer Mr Simon McMillan outlined how the Election of the Mayor would be conducted.
6.3 The temporary Chairperson, Chief Executive Officer Mr Simon McMillan called for nominations for the position of Mayor, for the Mayoral term 18 November 2020 to 8 November 2021.
There were two nominations for the position of Mayor.
Councillor Munroe nominated himself, seconded by Councillor Liu
Councillor McNeill nominated Councillor Barker, seconded by Councillor Davenport
(Councillor Barker accepted the nomination)
6.4 Each candidate for Mayor in order of nomination was allowed three minutes to address fellow Councillors.
6.5 In accordance with Council’s Governance Rules 2020, Mr Simon McMillan acting as the returning officer then conducted the vote for the election of the Mayor for the 2020 -2021 Mayoral Term.
Following the vote, Councillor Andrew Munroe having reached an absolute majority of votes was declared Mayor of the City of Whitehorse.
6.6 The Chief Executive Officer Mr Simon McMillan as Returning Officer congratulated Councillor Munroe on his election as Mayor.
At this point, Councillor Munroe briefly left the Council Chamber to be fitted with the Mayoral robe and medallion and then returned and assumed the Chair.
6.7 Address and expression of appreciation by incoming Mayor.
Councillor Munroe thanked the Councillors for their support. Councillor Munroe said it was an immense privilege to have been re-elected for a fourth term at City of Whitehorse, where he has been a resident for 57 years, where he grew up and raised his family. Councillor Munroe said he has good relationships with the returning Councillors and looks forward to getting to know the new Councillors. Councillor Munroe looks forward to working with Councillors on their aspirations and will provide strong and effective communication between Mayor, CEO and the Executive and back to the Council unit. Councillor Munroe said he intends to be fair but firm with the proceedings in the Chamber over his Mayoral Term.
6.8 Councillors then congratulated Councillor Munroe on his election as Mayor.
Council Minutes – Election of the Mayor and Deputy Mayor 18 November 2020
SUMMARY
The Local Government Act 2020 provides that a Council may establish an office of Deputy Mayor.
Office of Deputy Mayor
Section 20A of the Local Government Act 2020 states that:
1) A Council may establish an office of Deputy Mayor.
2) If the Council has established an office of Deputy Mayor, the provisions of the Local Government Act 2020 relating to the office of Deputy Mayor apply.
3) If a Council has not established an office of Deputy Mayor, section 20B in relation to an Acting Mayor applies.
Council is required to determine whether to establish an office of the Deputy Mayor, and then call for nominations for a Deputy Mayor for the 2020/21 Mayoral term should it be determined to establish the office of Deputy Mayor. The election of the Deputy Mayor must be conducted within one month of the general election date. Any Councillor is eligible for election to the office of deputy Mayor.
Financial Implications
The Deputy Mayor receives a Councillor allowance, the Local Government Act 2020 does not (currently) permit a level of remuneration for the office of Deputy Mayor.
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Moved by Cr Davenport, Seconded by Cr Lane That: 1. Council resolve to establish an office of the Deputy Mayor. 2. An election be conducted in accordance with the Local Government Act 2020 and the Whitehorse City Council Governance Rules 2020, to appoint a Deputy Mayor. 3. The term of the Deputy Mayor be identical to the term of the Mayor, as resolved by Council under item 5 of this Agenda. 4. Council note that the Local Government Act 2020 does not permit a level of remuneration over and above that available to Councillors for the position of Deputy Mayor. 5. Council officers prepare a protocol document for the role of the Deputy Mayor, for matters not prescribed under section 21 of the Local Government Act 2020. |
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8. Election of the Deputy Mayor
SUMMARY
8.1.2 the election of the Deputy Mayor to be held at a Council Meeting that is open to the public, with the method of voting to be carried out by a show of hands.
8.2 The Mayor invited nominations for the office of the Deputy Mayor in accordance with Part B Rule 7 of the Governance Rules 2020.
8.3 The Mayor as Chairperson called for nominations for the position of Deputy Mayor, for the Mayoral term 18 November 2020 to 8 November 2021.
There were two nomination for the position of Deputy Mayor.
Councillor Barker nominated Cr Cutts, seconded by Councillor McNeill.
(Councillor Cutts accepted the nomination)
Councillor Lane nominated Councillor Carr, seconded by Councillor Massoud,
(Councillor Carr accepted the nomination)
8.4 Each candidate for Deputy Mayor in order of nomination was given up to three minutes to address fellow Councillors.
8.5 In accordance with Council’s Governance Rules 2020 the Mayor acting as the returning officer then conducted the vote for the election of the Deputy Mayor for the period 18 November 2020 to 8 November 2021.
Following the vote, Councillor Carr having reached an absolute majority of votes was declared Deputy Mayor of the City of Whitehorse.
8.6 The Mayor
as returning officer congratulated Councillor Carr on her election as Deputy
Mayor.
9. Acknowledgement of former Councillors
Bill Bennett was first elected to the Whitehorse City Council in October 2012 and was re-elected to Council in October 2016. During his time on Council, Bill Bennett was Mayor for the 2018/2019 Mayoral term.
Sharon Ellis was first elected to the Whitehorse City Council in March 2003, and re-elected in November 2005, November 2008, October 2012 and October 2016. During her time on Council Sharon Ellis was elected Mayor of Whitehorse three times: 2005/2006, 2013/2014 and 2019/2020 Mayoral terms.
Tanya Tescher was elected to the Whitehorse City Council in October 2016 and resigned from Council in April 2017.
The Mayor acknowledged the service of the Councillors and wished the Councillors well.
10. Close Meeting
Meeting closed at 7.50pm
Confirmed this 30th day of November 2020
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CHAIRPERSON