How to constrain an incoming council in one easy lesson

It took Council in the Chamber less than twenty-six minutes to decide to renew the general manager's $240,000 contract, approve additional financial provisions and extend his employment to 17 February 2020 - thereby binding the next duly elected Clarence Valley Council to a particular general manager for all but the last seven months of its four-year term in office.

So rushed was this process that it appears that the new employment contract was signed on the night.

Five excerpts from Clarence Valley Council Ordinary Monthly Meeting Minutes of 17 February 2015:

1. COUNCIL RESOLUTION – 07.003/15

(Crs Williamson/McKenna)

That

Council resolve itself into Committee of the Whole and the press and public be excluded to allow consideration of one confidential report 10.001/15: In accordance with Section 10A(2)(a) of the Local Government Act 1993, it is recommended that as the matter contains personnel matters concerning a particular individual (other than Councillors) that the matter be dealt with in closed session.

Voting recorded as follows

For:

Councillors Williamson, McKenna, Hughes, Lysaught, Simmons, Howe, Kingsley

Against:

Councillors Baker, Toms

2. The microphones were turned off, live streaming ceased and the press and public were excluded from the Chamber.

Council moved into the Committee of the Whole at 9.21 pm to consider Item 10.001/15.....

The Ordinary Council meeting resumed at 9.47 pm.

3. COUNCIL RESOLUTION – 10.001/15

(Cr Williamson)

(a) That Council enter into a Deed of Variation with Mr Scott Greensill to vary the current contract of employment between Council and Mr Scott Greensill by deleting the words “or at the most 18 months” from Clause 5.3 and that the Common Seal of the Council be affixed to the Deed.

(b) That subject to the Deed referred to in Paragraph (a) above being executed by Council and Mr Scott Greensill, Council offers Mr Scott Greensill a new five year contract of employment, incorporating the existing job description, and inclusive of a total remuneration package equal to his current total remuneration package, to commence on 17 February 2015 (or as soon as the documentation is executed) and terminating on 16 February 2020 (or 5 years after commencement).

(c) That the contract of employment be in accordance with the standard contract required by the NSW Office of Local Government.

(d) That the Mayor be authorised to negotiate the employment contract terms applicable to provision of a Council motor vehicle to Mr Greensill to be consistent with Council’s standard policy arrangements for provision of motor vehicles to other staff.

(e) That Schedule A under Clause 4.5 of the contract of employment extend the application of the following Council Policies to the General Manager:

• Gifts and Benefits

• Reimbursement of Legal Costs to Staff

• Business Credit Card Use

• Motor Vehicle Management Protocol

• Sick Leave/Carer’s Leave

• Staff Travelling Expenses

(f) That the contract of employment be executed by affixing the Common Seal of the Council.

Voting recorded as follows

For:

Councillors Williamson, Hughes, Howe, Simmons, McKenna, Lysaught, Kingsley

Against:

Nil

Noting that Crs Baker and Toms were absent from the Chamber and did not vote

4. COUNCIL RESOLUTION – 07.004/15

(Crs Hughes/Simmons)

That

Council move out of the Committee of the Whole and the Ordinary Meeting resume.

Voting recorded as follows

For:

Councillors Williamson, Howe, Hughes, Simmons, McKenna, Lysaught, Kingsley

Against:

Nil

Noting that Crs Baker and Toms were absent from the Chamber and did not vote.

5. Cr Baker, Cr Toms, Scott Greensill, Troy Anderson, Des Schroder, Ashley Lindsay and Kristian Enevoldson returned to the Council meeting at 9.53pm......

There being no further business the meeting closed at 9.53 pm.