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Addendum Agenda - Ordinary
Meeting – Monday 05 June 2023
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MM23.15 Mayoral
Minute - Farewell Director City Services Paul Keech
HPERM
Ref: D23/220791
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Recommendation
That Council thank Director City Services Mr Paul Keech for
his contribution to Council over the past 17 years and wish him well as he
leaves Council on the 23 June 2023.
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Details
Mr Paul Keech has worked in
Local Government for over 32 years commencing with Shoalhaven City Council in
1991 as an Engineer, having Graduated from the University of Technology NSW.
Paul lived and worked in the
Shoalhaven for 13 years, raising four children, completing an MBA and
progressing through the Council ranks to the position of Construction Manager.
In 2004, Paul moved to Narrabri
in North-West NSW as the Director Engineer Services. For the next 14 years Paul
served three (3) Councils as a Director (Narrabri NSW, Moree NSW, and Gladstone
QLD.
In November 2017, Paul returned
to the Shoalhaven in his current position as Director of the (now) City
Services Directorate.
After working at four (4)
councils across 2 states, 17 years at Shoalhaven, and 19 years as a Director,
Paul has decided to prepare for his future retirement.
Paul bids Council farewell by
saying “Serving the community by providing essential services has been
a truly rewarding experience and left me with many fond memories and a great
deal of satisfaction. I have had the opportunity to learn from and then lead
some amazing people over the last 32 years and it is these relationships that I
value the most.”
As this is Paul’s final
Council meeting ahead of him leaving us on 23 June, on behalf of Shoalhaven
City Council I thank Paul for his services to the City and wish him all the
very best in his future endeavours.
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Addendum Agenda - Ordinary
Meeting – Monday 05 June 2023
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1
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CL23.191 Resignation
– Councillor Liza Butler
HPERM Ref: D23/220486
Department: Business
Assurance & Risk
Approver: Stephen
Dunshea, Chief Executive Officer
Reason for Report
To note the resignation of Clr
Liza Butler as Councillor for Shoalhaven City Council received by the CEO,
effective Thursday 1 June 2023, and the electoral process to be followed for
the filling of the casual vacancy resulting from Clr Butlers resignation
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Recommendation
That
Council:
1. Note the resignation of Clr Butler
and declare a casual vacancy of a Councillor at Shoalhaven City Council which
will be filled by Countback election.
2. Formally thank Liza Butler for her
dedication and contribution to the Shoalhaven Community in her capacity as
Ward 3 Councillor.
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Background
The CEO
received a letter of resignation dated 31 May 2023 from Councillor Liza
Butler with respect to her role as Elected Councillor for Ward 3, Shoalhaven
City Council with an effective date of Thursday 1 June 2023.
Councillor Butler has advised
that she is resigning from the Council with regret following her recent
election as Member for South Coast in the NSW Parliament, in order that she can
meet her responsibilities as local member and the duties as members of select
committees of the NSW Government to which she has been appointed
Prior to the ordinary NSW Local
Government elections held in December 2021, amendments to NSW Legislation
enabled Councils to choose for the first time to use countback elections,
instead of by-elections to fill any Councillor vacancies arising after the
ordinary elections.
At the first meeting of this
Council term it was resolved (MIN22.8 below) that if Council declared a casual
vacancy of a Councillor within 18 months after the 4 December 2021 Council
elections, then this will be filled by a countback of votes. Further, that the
CEO notify the NSWEC office of the Council’s decision (MIN22.8).
“That
1. Pursuant
to section 291A(1)(b) of the Local Government Act 1993 (the Act) Shoalhaven
City Council declare that casual vacancies occurring in the office of a Councillor
within 18 months after the last Ordinary election of Councillors for the
Council on 4 December 2021 are to be filled by a countback of votes cast at
that election for the office in accordance with section 291A of the Act; and
2. The
Council directs the CEO to notify the NSW Electoral Commissioner of the
Council’s decision within 7 days of the decision.”
The countback is conducted using
the same ballot papers from and the same proportional representation voting
count system as the ballot papers from the local government elections held on 4
December 2021.
The timeline for a countback
election is:
1. The NSWEC is notified of the casual
vacancy, within seven days of it occurring.
2. A Returning Officer (RO) is
appointed within 14 days of the notification of the vacancy.
3. Casual vacancy notices are issued
within 14 days of the appointment of the RO.
4. Where a candidate is interested,
they must submit a formal application to the returning officer. The application
period closes after 10 days of the notices being issued.
5. The countback is conducted at least
14 days from when the vacancy notices are issued and no more than 49 days from
when the casual vacancy occurred.
The Returning Officer will
contact all potential candidates from the election who may still qualify to be
elected to the office of Councillor. Where the candidate is interested,
they must submit a formal application. All candidates who submit and do not
withdraw their application become eligible candidates.
Information on the countback and
procedure may be found at the NSWEC website https://elections.nsw.gov.au/elections/how-counting-works/countback-elections
Councillors will be kept informed of the process.
Community Engagement
The formal resignation of Clr Butler
as Councillor for Shoalhaven City Council will create a casual vacancy to be
filled using a countback election, as is in the first 18 months of this Council
term.
The CEO has notified the NSW
Electoral Commission as is required within seven days of the effective
resignation date. The process of the countback election and declaration
of which candidate is elected is managed by the NSWEC.
All potential candidates will
now be contacted by the NSWEC and asked if they wish to be considered for
election in the countback. There will be no costs incurred for these
candidates.
The CEO will be available to
respond to any questions from the potential candidates.
NSWEC will provide
communications and website links for Shoalhaven City Council website and manage
the whole countback process.
It is anticipated that a new Councillor will be elected, and
declaration made by the end of July 2023.
Policy Implications
Countback elections are
described in Schedule 9A of the Local
Government (General) Regulation (2021) and the NSW Electoral
Act (2017).
At a countback election, a
sitting Councillor cannot be unelected, and non-eligible candidates cannot be
elected.