Agenda of Extra Ordinary Meeting - Monday, 29 September 2025

Extra Ordinary Meeting

Meeting Date: Monday, 29 September, 2025

Location: Council Chambers, City Administrative Building, Bridge Road, Nowra

Time: 5.30pm

Membership (Quorum – 7)

Clr Patricia White – Mayor

Ward 1 Ward 2 Ward 3

Clr Jason Cox Clr Ben Krikstolaitis Clr Denise Kemp

Clr Matthew Norris Clr Bob Proudfoot Clr Gillian Boyd

Clr Peter Wilkins - Deputy Mayor Clr Jemma Tribe Clr Karlee Dunn

Clr Selena Clancy - Assist. Deput Mayor Clr Luciano Casmiri Clr Debbie Killian

Please note: The proceedings of this meeting (including presentations, deputations and debate) will be webcast, recorded and made available on Council’s website, under the provisions of the Code of Meeting Practice. Your attendance at this meeting is taken as consent to the possibility that your image and/or voice may be recorded and broadcast to the public.

Shoalhaven City Council live streams its Ordinary Council Meetings and Extra Ordinary Meetings. These can be viewed at the following link

https://www.shoalhaven.nsw.gov.au/Council/Meetings/Stream-a-Council-Meeting.

Statement of Ethical Obligations

The Mayor and Councillors are reminded that they remain bound by the Oath/Affirmation of Office made at the start of the council term to undertake their civic duties in the best interests of the people of Shoalhaven City and to faithfully and impartially carry out the functions, powers, authorities and discretions vested in them under the Local Government Act or any other Act, to the best of their skill and judgement.

The Mayor and Councillors are also reminded of the requirement for disclosure of conflicts of interest in relation to items listed for consideration on the Agenda or which are considered at this meeting in accordance with the Code of Conduct and Code of Meeting Practice.

Agenda

1. Apologies / Leave of Absence

2. Declaration of Interests

3. Mayoral Minute

Mayoral Minute

MM25.22..... Mayoral Minute - Chief Executive Officer Recruitment and Performance Review Panel..................................................... 1

4. Confidential Reports

Mayoral Minute

CMM25.3..... Mayoral Minute - Recruitment of a Chief Executive Officer

Local Government Act - Section 10A(2)(a) - Personnel matters concerning particular individuals (other than Councillors).

Local Government Act - Section 10A(2)(d)(i) - Commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.

There is a public interest consideration against disclosure of information as disclosure of the information could reasonably be expected to reveal commercial-in-confidence provisions of a contract, diminish the competitive commercial value of any information to any person and/or prejudice any person’s legitimate business, commercial, professional or financial interests.

Extra Ordinary Meeting – Monday 29 September 2025

Page 1

MM25.22 Mayoral Minute - Chief Executive Officer Recruitment and Performance Review Panel

HPERM Ref: D25/427918

Recommendation

That:

1. Council reaffirms the Chief Executive Officer (CEO) Performance Review Panel for 2025/2026 and,

a. Appoint membership as follows: Mayor White (Chairperson), Cr Casmiri, Cr Norris and Cr Cox

b. Thank outgoing panel members Cr Wilkins, Cr Clancy and Cr Proudfoot.

2. In accordance with Section 10A(2)(a) and 10A(2)(d)(i) of the Local Government Act the Council resolve to consider a separate confidential Mayoral Minute on the appointment of a Chief Executive Officer as the information to be considered relates to:

a. Personnel matters concerning particular individuals (other than Councillors), and

b. Commercial information of a confidential nature that would, if disclosed

i. prejudice the commercial position of the person who supplied it.

Details

On 9 September 2025 Council considered a Mayoral Minute with respect to the appointment of a Chief Executive Officer (CEO) and resolved (MIN25.451C). as follows:

“That:

1. Council receives the Progress and Outcomes Report 1 September 2025 from Stephen Blackadder Managing Director SBC PTY LTD provided in hard copy only as Attachment 1.

2. The candidate selected by the Sub-Committee after final interviews for the position of General Manager, styled as the Chief Executive Officer, of Shoalhaven City Council, and as outlined in the confidential Process and Outcome report circulated to Councillors separately be offered the position.

3. Should the selected candidate not accept the position and in accordance with the merit-based assessment undertaken as part of the recruitment process, the whole Council review the remaining three candidates identified in the report.

4. The Mayor, with advice from the Recruitment Consultant, be authorised to finalise negotiations with the accepting candidate and sign a contract based on the following:

a. A five (5) year performance-based Contract in accordance with the Standard Contract of Employment applying to all general manager positions in NSW.

b. A total remuneration package up to the amount specified in the report on processes and outcomes.

c. Provision of a motor vehicle for full private use based on a contribution of $15,000 by the CEO to private use costs from the total remuneration package and subject to the conditions outlined in the contract.

d. The preparation of a Professional and Leadership Development Program for the Chief Executive Officer to be agreed with the Mayor, including membership of the Local Government Chief Officers Group.

5. No public announcement of the name of the successful candidate be made until the Mayor has obtained a written acceptance of the offer.

6. The Employment Contract between the appointee and the Council be executed under the Common Seal of the Council.

7. Following the successful appointment and prior to commencement of the Chief Executive Officer council receive a further report to determine the following:

a. Appointment of members to the Chief Executive Officer Performance Review Panel.

b. Assign all delegations as required to the Chief Executive Officer.

c. Define what acting arrangements are to be put in place should the Chief Executive Officer take leave or be unable to act in their capacity as Chief Executive Officer.

8. The Council thank the members of the Recruitment Sub-Committee for their diligence and commitment in overseeing the recruitment process.”

Further Report for Consideration in Closed Session

A separate confidential Mayoral Minute is provided in accordance with Section 10A(2)(a) and 10A(2)(d)(i) of the Local Government Act, 1993 to allow the Council to consider additional information with respect to the appointment of the CEO following the 9 September 2025 Ordinary Meeting.

CEO Performance Review Panel

The previous resolution at Part 7a (above) outlined the requirement for a further report to the Council for the appointment of the CEO Performance Review Panel (a Sub Committee of the Senior Staff Contractual Matters Committee). This panel, together with other Committee Memberships is reviewed annually in September each year.

The role and function of the CEO Performance Review Panel is to undertake performance reviews of the CEO including:

a. Inviting non- member Councillors to contribute to the performance review process by providing feedback to the mayor on the CEO’s performance relevant to the agreed performance criteria,

b. Conducting performance reviews,

c. Reporting the findings and recommendations of reviews to the council in closed session for determination, and

d. Development of the performance agreement.

In accordance with the Office of Local Government Guidelines for the Appointment and Oversight of a General Manager additional members appointed a later time will be an additional Councillor that is nominated by the CEO and an Appointed External Professional Facilitator (Observer).

I propose that myself as Mayor, together with Councillors Casmiri, Norris and Cox be appointed to this Panel for the period until end September 2026.

I note that the Guidelines suggest that the Deputy Mayor may form part of the Panel, however given that the Deputy Mayor will be required to act in the position of Mayor when I am absent, I consider it appropriate to include an alternative Councillor.

I thank the outgoing Panel members, Councillors Wilkins, Clancy and Proudfoot for their assistance.

Extra Ordinary Meeting – Monday 29 September 2025

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Local Government act 1993

Chapter 3, Section 8A Guiding principles for councils

(1) Exercise of functions generally

The following general principles apply to the exercise of functions by councils:

(a) Councils should provide strong and effective representation, leadership, planning and decision-making.

(b) Councils should carry out functions in a way that provides the best possible value for residents and ratepayers.

(c) Councils should plan strategically, using the integrated planning and reporting framework, for the provision of effective and efficient services and regulation to meet the diverse needs of the local community.

(d) Councils should apply the integrated planning and reporting framework in carrying out their functions so as to achieve desired outcomes and continuous improvements.

(e) Councils should work co-operatively with other councils and the State government to achieve desired outcomes for the local community.

(f) Councils should manage lands and other assets so that current and future local community needs can be met in an affordable way.

(g) Councils should work with others to secure appropriate services for local community needs.

(h) Councils should act fairly, ethically and without bias in the interests of the local community.

(i) Councils should be responsible employers and provide a consultative and supportive working environment for staff.

(2) Decision-making

The following principles apply to decision-making by councils (subject to any other applicable law):

(a) Councils should recognise diverse local community needs and interests.

(b) Councils should consider social justice principles.

(d) Councils should consider the principles of ecologically sustainable development.

(e) Council decision-making should be transparent and decision-makers are to be accountable for decisions and omissions.

(3) Community participation

Councils should actively engage with their local communities, through the use of the integrated planning and reporting framework and other measures.

Chapter 3, Section 8B Principles of sound financial management

The following principles of sound financial management apply to councils:

(a) Council spending should be responsible and sustainable, aligning general revenue and expenses.

(b) Councils should invest in responsible and sustainable infrastructure for the benefit of the local community.

(c) Councils should have effective financial and asset management, including sound policies and processes for the following:

(i) performance management and reporting,

(ii) asset maintenance and enhancement,

(iii) funding decisions,

(iv) risk management practices.

(d) Councils should have regard to achieving intergenerational equity, including ensuring the following:

(i) policy decisions are made after considering their financial effects on future generations,

(ii) the current generation funds the cost of its services

Chapter 3, 8C Integrated planning and reporting principles that apply to councils

The following principles for strategic planning apply to the development of the integrated planning and reporting framework by councils:

(a) Councils should identify and prioritise key local community needs and aspirations and consider regional priorities.

(b) Councils should identify strategic goals to meet those needs and aspirations.

(d) Councils should ensure that the strategic goals and activities to work towards them may be achieved within council resources.

(e) Councils should regularly review and evaluate progress towards achieving strategic goals.

(f) Councils should maintain an integrated approach to planning, delivering, monitoring and reporting on strategic goals.

(g) Councils should collaborate with others to maximise achievement of strategic goals.

(h) Councils should manage risks to the local community or area or to the council effectively and proactively.

(i) Councils should make appropriate evidence-based adaptations to meet changing needs and circumstances.