Notice of Council Meeting - City of Burnside...Council Agenda 12 June 2018 Notice of Council Meeting NOTICE IS HEREBY GIVEN in accordance with Sections 83 and 87 of the Local Government

Council Agenda 12 June 2018

Notice of Council Meeting

NOTICE IS HEREBY GIVEN in accordance with Sections 83 and 87 of the Local Government Act 1999, that a meeting of the

COUNCIL

of the

CITY OF BURNSIDE

will be held in the Council Chamber 401 Greenhill Road, Tusmore

on

Tuesday 12 June 2018 at 7.00 pm

Paul Deb Chief Executive Officer

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Council Meeting Agenda

12 June 2018 | 7.00 pm Council Chamber

401 Greenhill Road, Tusmore

Members: Mayor David Parkin Councillors Bagster, Bills, Cornish, Davey, Davis, Ford, Lemon, Lord, Monceaux, Osterstock, Piggott and Wilkins

1. Opening Prayer

2. Acknowledgement of those who gave their life for this Country andacknowledgement of Traditional Owners

3. Apologies

4. Leave of Absence

Nil

5. Confirmation of Minutes

Recommendation

That the Minutes of the meeting of Council held on 22 May 2018 be taken as readand confirmed.

6. Mayor’s Report p11

7. Reports of Members, Delegates and Working Parties

8. Deputations

Nil

9. Petitions

Nil

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10. Questions on Notice

10.1 Discussion Papers associated with the Planning, Development andInfrastructure Act 2016 and City of Burnside contribution

Councillor Lemon asked the following Questions on Notice:

Since the Planning, Development and Infrastructure Act 2016 was introduced on 1 April 2017 a number of discussion papers have been released on the SA Planning Portal website in 2018.

These include:

• 8 January – Introducing Joint Planning Boards

• 23 March – Blueprint for South Australia's P&D Code IntroductoryPaper

• 27 April – Community Engagement Charter - April 2018

• 30 May – Planning and Design Code - How will it work? TechnicalDiscussion Paper

1. What, if any, has Administration’s response to these discussionpapers been?

2. What is the Administration's ongoing strategy in terms of respondingto these discussion papers?

3. Will the Council’s Council Assessment Panel (CAP) respond tothese discussion papers?

4. Given the imperatives outlined in the Community EngagementCharter, Is there a plan to engage with our local community to helpinform the design code?

5. What, if any, is the role of Elected Members in this process?

11. Motions on Notice

11.1 6 Conyngham Street, Glenside (Council Depot) –Proposed Master Plan– Councillor Bills p13

12. Questions without Notice

13. Motions without Notice

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14. Reports of Officers

Office of the CEO

14.1 Chief Executive Officer Report – May 2018 (Operational) p15 Attachment A Attachment B Attachment C

14.2 ERA Water – Appointment of Independent Chair for Board (Operational)p27

Attachment A Attachment B

14.3 Investigation pursuant to referral under Section 24 (2)(A) of the Independent Commissioner Against Corruption Act 2012 – Lodgement of Complaint in District Court (Operational) Attachment A Attachment B Attachment C Attachment D

Corporate and Development

14.4 By-Laws Review 2018 (Operational) p53 Attachments A – N

14.5 303D Beulah Road, Kensington Park – Request to Discharge a Land Management Agreement (Operational) p161 Attachment A Attachment B

14.6 Draft City of Burnside Dog and Cat Management Plan 2018-2023 p179 Attachment A

Urban and Community

14.7 Urban Tree Management Policy –Review (Operational) p209 Attachment A Attachment B

14.8 Watercourse Management Policy – Review (Operational) p229 Attachment A Attachment B

14.9 Community Grants Program 2018/19 Recipients (Operational) p251 Attachment A Attachment B

p35

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15. Subsidiaries, Regional Subsidiaries and other Organisations/Entities

15.1 Eastern Waste Management Authority

Nil

15.2 Eastern Health Authority

15.2.1 Eastern Health Authority Board of Management – Minutes of 2 May 2018

Recommendation

That the minutes of the Eastern Health Authority Board meeting held 3 May 2018 be received.

15.3 Highbury Landfill Authority

Nil

15.4 ERA Water

15.4.1 ERA Water Board Meeting – Agenda and Minutes of 1 June 2018

Recommendation

That the agenda and minutes of the ERA Water Board Meeting held on 1 June 2018 be received.

15.4.2 ERA Water Board – Meeting Report from Independent Member

Recommendation

That the report of Mr Geoff Vogt, Independent Member for the City of Burnside, of the meeting held on 1 June 2018, be received.

15.5 Eastern Region Alliance

Nil

16. Council Correspondence

Nil

17. Other Business

p269

p279

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18. Confidential Items

18.1 Chief Executive Officer Remuneration – 2017 Review Report(Operational) Attachment A Attachment B Attachment C Attachment D

Pursuant to section 90(2) of the Local Government Act 1999, the Council orders that all members of the public be excluded, with the exception of the Elected Members of the City of Burnside, the Chief Executive Officer; the General Manager Corporate and Development; the General Manager Urban and Community; the Principal Executive Officer and the Group Manager People and Innovation, on the basis that it will receive and consider Item 18.1 “Chief Executive Officer Remuneration Review 2017”.

The Council is satisfied, pursuant to section 90(3)(a) of the Act, that the information to be received, discussed or considered in relation to this Agenda Item is information that would involve the unreasonable disclosure of information concerning the personal affairs of any person (living or dead). The information concerns the remuneration review of the Chief Executive Officer and their personal attributes and the release of such information is unreasonable.

Further, the principle that the meeting should be conducted in a place open to the public has been outweighed in the circumstances because of the public interest in maintaining the confidentiality of the personal affairs of these persons.

Confidential Recommendation

1. That, having considered this matter in confidence, pursuant to section91(7) and (9) of the Local Government Act 1999, the Council ordersthat:

1.1 the report, audio recording and attachments relating to thisagenda item remain confidential on the basis that the disclosure of this information would be an unreasonable disclosure of the personal affairs of a person pursuant to Section 90(3)(a) of the Act, as the report contains information concerning the remuneration review of the Chief Executive Officer and their personal attributes and the release of such information is unreasonable; and

1.2 the report, audio recording and attachments relating to this item will not be available for public inspection for the period of 12 months at which time this order will be revoked / reviewed by the Council/Chief Executive Officer (CEO); and

1.3 this confidentiality order will be reviewed by the Council/CEO at least once every 12 months.

2. That if:

2.1 the period in respect of any order made under Section 91(7) ofthe Local Government Act 1999 lapses; or

2.2 Council resolves to revoke an order made under Section 91(7) of the Local Government Act 1999; or 7


2.3 the CEO determines pursuant to delegated authority that the order be revoked

any discussions of Council / Committee on that matter and any recording of those discussions are to no longer be treated as confidential.

18.2 Eastern Region Alliance Water – Letter of Offer (Strategic) Attachment A Attachment B Attachment C Attachment D

Pursuant to section 90(2) of the Local Government Act 1999, the Council orders that all members of the public be excluded, with the exception of the Elected Members of the City of Burnside; the Chief Executive Officer; the General Manager Corporate and Development; the General Manager Urban and Community; the Principal Executive Officer and the Group Manager People and Innovation, on the basis that it will receive and consider Item 18.2 “Eastern Region Alliance Water – Letter of Offer (Strategic)”. The Council is satisfied that pursuant to section 90(3) (d) of the Local Government Act 1999, the information to be received, discussed or considered in relation to this Agenda Item relates to a confidential proposal including sensitive pricing information and is commercial information of a confidential nature (not being a trade secret) the disclosure of which could reasonably be expected to prejudice the commercial position of the person who supplied the information, or would confer a commercial advantage on a third party. Disclosure of this financial information would reasonably be expected to provide market competitors with sensitive financial and pricing information relating to a submission made by Water Utilities Australia and would work to the detriment of the Council’s subsidiary, ERA Water. In addition disclosure may frustrate future bargaining positions of parties.

The principle that the meeting be conducted in a place open to the public has been outweighed in these circumstances because the disclosure of this information could reasonably be expected to be used by market competitors to achieve an advantage over any future submissions to the subsidiary which may be to the subsidiary’s detriment.

Confidentiality Recommendation

1. That, having considered the matter in confidence, pursuant to section

91(7) and 91(9) of the Local Government Act 1999, the Council orders that:

1.1. the report, attachment and minutes relating to this Agenda item and the audio recording of the meeting remain confidential on the basis that the information to be received, discussed or considered in relation to this Agenda item would involve the disclosure of commercial information of a confidential nature (not being a trade secret) the disclosure of which could reasonably be expected to prejudice the commercial position of the person who supplied the information. Disclosure of this financial information would reasonably be expected to provide market competitors with sensitive financial and pricing information relating to a submission made by Water Utilities Australia and would work

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to the detriment of the Council’s subsidiary, ERA Water. In addition disclosure may frustrate future bargaining positions of parties.

1.2. the report, attachment and minutes relating to this Agenda item and the audio recording of the meeting will not be available for public inspection for the period of five years at which time this order will be reviewed by the Council; and

1.3. this confidentiality order will be reviewed by the Council at least once in every 12 months.

2. That for the items named in clause 1 and associated sub clauses, unless:

2.1 the period in respect of any order made under section 91(7) of the Local Government Act 1999 lapses; or

2.2 Council resolves to revoke an order made under section 91(7) of the Local Government Act 1999;

any discussion of Council on the matter and any recording made of those discussions are to be treated as confidential.

19. Closure

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Council Agenda Item 6 12 June 2018 Item No: 6 To: Council Date: 12 June 2018 Submitted by: Mayor David Parkin Subject: MAYOR’S REPORT Attachments: Nil MAYORAL ACTIVITIES | 18/5/18 – 6/6/18 18 May

• Presided over a meeting of the City of Burnside Community Grants Panel in order to determine suitable recipients to receive funds for 2018/19.

20 May

• Attended the Official Opening of Buddha House at Magill.

23 May

• Presented service recognition awards to City of Burnside volunteers at a ceremony held at the Regal Theatre as per of National Volunteer Week celebrations.

24 May

• Participated in an Elected Members Assistance Program - Focus Group workshop, facilitated by the Local Government Association (LGA) of SA.

28 May

• Chaired a meeting of the CEO Recruitment, Performance Appraisal & Remuneration Review Committee.

29 May

• Attended an ERA Water Strategic Planning Workshop with the CEO.

30 May

• Unveiled an interpretive sign at Moorcroft Reserve, Burnside at an event held by the Burnside Historical Society as per of South Australia’s History Festival.

3 June

• Attended the City of Burnside Family Fun Day at Glenunga Hub.

5 June

• Opened the LGA/GISA Waste Pathways Workshop “Beyond China Sword” with the Honourable David Speirs, Minister for Environment and Water.

6 June

• Attended as guest the Ladies Probus Club of Burnside Inc. 32nd Birthday Meeting.

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Council Agenda Item 11.1 12 June 2018

Item No: 11.1 To: Council Date: 12 June 2018 Submitted by: Councillor Bills Subject: 6 CONYNGHAM STREET, GLENSIDE (COUNCIL DEPOT) –

PROPOSED MASTER PLAN Attachments: Nil

Motion of Which Notice has been Given

Pursuant to Regulation 12 of the Local Government (Procedures at Meetings) Regulations, 2013, the following Motion on Notice has been submitted by Councillor Bills

Motion:

I, Councillor Graham Bills, do hereby give notice of my intention to move the following rescission motion in respect to Council resolution C11707 of the 22nd day of May 2018, at the next ordinary meeting of Council for the City of Burnside.

1. That the Report be received.

2. That Council adopts the detailed design for the redevelopment of the Conyngham Street Depot site, as provided in Attachment B to this Report.

3. That Council adopts the Project Plan for the Conyngham Street Depot Master Plan Project, as provided in Attachment C, and commences work in the 2018/19 Financial Year, in accordance with the schedule identified in the Project Plan.

4. That regular project updates be presented to Council, with respect to project progression, budget and scope.

5. That the Administration investigate additional funding and expenditure off-set opportunities to assist Council in minimising the overall cost of the project.

6. That the draft 2018/19 Annual Business Plan and Budget is presented for final approval, ensuring that this Project is adequately financed within the total Capital Budget adopted for public consultation and without affecting Council’s estimated financial position.

Be rescinded.

Policy:

Nil

Risk:

Nil

Legal:

Nil

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Financial:

Nil MOTION ON NOTICE – 6 CONYNGHAM STREET, GLENSIDE (COUNCIL DEPOT) –PROPOSED MASTER PLAN 1. That the Report be received.

2. That further community consultation be conducted with the petitioners of the nursery, residents within 250 metre radius of the Laurel Avenue nursery, participants of the men’s shed, and those who responded to the survey conducted in May 2017 over the Conyngham Street depot site

3. That the consultation relates directly and only to the suggested use identified in the report to which this motion relates.

4. That the results of the consultation and a report are presented to the new Council post the 2018 Election.

5. That a detailed costing of remediation necessary for any future building work on the Conyngham street depot site be established prior to any report coming to council and to be included in the documentation of that report.

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Item No: 14.1 To: Council Date: 12 June 2018 Author: Paul Deb – Chief Executive Officer Subject: CHIEF EXECUTIVE OFFICER REPORT – MAY 2018 (OPERATIONAL) Attachments: A. Monthly Financial Report – May 2018

B. Reports to Council – May 2018 C. Organisation Chart – May 2018

Prev. Resolution:

C10640, 10/5/16

Officer’s Recommendation

That the Report be received.

Purpose

1. To provide Council with a report of key activities and issues, aligned to Council’s Strategic Plan ‘Be the Future of Burnside 2025’, undertaken by the Chief Executive Officer (CEO) in April 2018.

2. To provide Council with a report on the financial position of the organisation.

3. To provide Council with a list of reports which have been requested by Elected Members and the status of those reports.

4. To provide Council with a top-tier organisation chart as at April 2018.

5. To provide Council with a high level summary of outcomes following the recently conducted Organisational Culture Survey.

Strategic Plan

6. The following Strategic Community Plan provisions are relevant:

“Delivery of good governance in Council business”

“A financially sound Council that is accountable, responsible and sustainable”

“An empowered Council and Administration that is visionary and innovative in meeting community needs”

Communications / Consultation

7. Communication has been undertaken with internal and with external organisations as described in the body of the report.

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Statutory

8. The following legislation is relevant in this instance:

Local Government Act 1999

Policy

9. There are no policy implications with the recommendation.

Risk Assessment

10. There are no risks associated with the recommendation.

CEO Performance Indicators

11. There are no impacts on or threats to achieving the CEO’s Performance Indicators with this recommendation.

Finance

12. The May 2018 Finance Report is provided in Attachment A.

13. The Monthly Finance Report for May 2018 provides a comparison of Actual Year to Date performance to the 2017/18 Quarter 3 Forecast.

14. Council’s May Actual Year to Date Operating Surplus is $93k higher than the Quarter 3 Forecast. This is predominantly due to unbudgeted increases in Other Operating Income such as higher than forecast development application fees and reimbursement of seconded staff by local and state government.

15. The format of the Monthly Finance Reports has been improved to also include a summary of approved variances from the quarterly budget reviews.

16. Overall, Council is on track to achieve its Q3 Forecast results including the financial savings target for the year of $565k.

Procurement

17. The Procurement Framework requires that Council undertakes a Select Tender between $100k-$200k and an Open Tender for projects amounting to over $200k (cumulative).

18. In regard to the Client PC Upgrade Program for $220k, a Select Tender process was opted for by the Administration.

19. The Administration used a pre-existing supplier list from as Vendor Panel through the Local Government Association for Procurement. Approval of a dispensation from the Policy was considered appropriate in this instance.

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Discussion

Monthly Activity

20. The CEO attended the following meetings in May 2018:

20.1. a Highbury Landfill Authority Board and Audit Committee meeting;

20.2. attended and spoke at the Service and Recognition Ceremony for City of Burnside volunteers, held as part of National Volunteers Week;

20.3. attended a Strategic Planning Workshop hosted by ERA Water; and

20.4. attended the May Council meetings and public Budget workshop.

Reports Outstanding List

21. The Reports Outstanding List is contained in Attachment A.

22. As at the conclusion of the Council meeting held on 22 May 2018, there are nine reports to be presented to Council, requested through resolution. Of the nine reports, two are anticipated to be presented as part of the agenda for consideration in June 2018. The balance will be presented as soon as information becomes available or as scheduled.

Human Resources

23. As at 1 May 2018, the current Full Time Equivalent (FTE) staff count is 160.9 FTE with nine of these positions being vacant/available.

24. The positions vacant/available and their current statuses are as follows:

Position Status

Senior Arborist Recruitment for this position is anticipated to commence shortly.

Team Member Civil Maintenance Recruitment for this position will be reviewed as the Group Manager Operations and Environment has now commenced.

Team Member City Clean Recruitment for this position is anticipated to commence shortly.

Geospatial and Applications Developer Position currently being recruited.

Environment & Sustainability Officer Position currently being recruited.

Compliance Officer Development Position currently being recruited.

Senior Property Officer Position currently being recruited.

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Development Officer Planning Position currently being recruited.

Work Health and Safety (WHS)

25. Work continues implementing the agreed 2018 WHS and Return to Work (RTW) Plan. Dates are currently being negotiated with Local Government Risk Services of the 2018 risk evaluation audit

Notifiable Incidents (as defined by WHS Act)

26. Nil to report.

Insurance Issues

27. Nil to report.

Risk Management Issues

28. Nil to report.

Magill Village Master Plan

29. 2017/18 CEO Key Performance Indicator 4.3 instructs the Administration to provide Council with a Magill Village Master Plan concept design and prudential issues report by 30 June 2018 for adoption, in accordance with the adopted Project Plan milestones. As per the adopted Project Plan, the design team led by JPE Design Studios has been working in consultation with the Project Steering Group, relevant departments from the City of Burnside and Campbelltown City Council, and project partners such as the Department of Planning, Transport and Infrastructure (DPTI), to develop a draft Magill Road concept design.

30. The draft concept design was presented to Elected Members at a joint Briefing Session held at Campbelltown City Council on 19 March 2018. Feedback from that session was incorporated into the draft concept design and Traffic Design Report that was submitted to DPTI for their review. The project cannot progress further until DPTI have provided a response, which is expected to be received in the coming weeks. Once a response is received, the design team and Project Steering Group will work to revise the concept design prior to it being presented to both Councils for consideration for community consultation.

31. A draft prudential review of the project has also been prepared but this also cannot be completed and presented to Council until any revisions arising from DPTI’s review have been considered.

32. In summary, the draft concept design and prudential report have been prepared in time to achieve the CEO KPI but cannot be presented to Council by 30 June due to delays in receiving DPTI feedback.

Culture Survey

33. The Administration undertook an organisational culture survey in May 2018. This is an important tool for employees to have their say and be heard on how the City of Burnside has developed its culture and its place in our organisation from the previous survey undertaken in 2015.

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34. Therefore, for a comparative analysis, Council used the industry leading Human Synergistics survey and model in a re-measure from the 2015 results to get a like-for-like comparison of the 2018 culture and climate; with the ability to determine and have visibility over key trends.

35. Although 2017/18 was not without its challenges in terms of undertaking a restructure and organisational redesign, coupled with complex Enterprise Bargaining negotiations, the results of the climate survey indicate that there has been solid improvement at an organisational level against every criteria from the 2015 results.

36. Teams have begun the process of debriefing and engaging in interactive feedback sessions with an independent facilitator and preparing an organisational action plan going forward, which will seek to build on the momentum, sound strengths and positives to date.

37. As a notable achievement the City of Burnside has an above average culture against the average for local government entities.

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CITY OF BURNSIDEMONTHLY FINANCE REPORTAs at 28 May 2018FOR THE YEAR ENDING 30 JUNE 2018

Actual AdoptedQ1 - Q3

Approved Q3Q3

Forecast Result Variance Budget Variations Forecast$'000 $'000 $'000 $'000 $'000 $'000

OPERATING ACTIVITIES:

Operating IncomeRates Income 37,724 37,722 (2) 37,700 44 37,744 Grants Incomes 3,175 3,200 25 3,959 50 4,010 Other Operating Income 3,638 3,837 199 1 3,582 110 3,692

44,537 44,759 222 45,241 204 45,446

Less:Operating Expenses

Employee Costs 13,712 13,771 59 15,955 (725) 2 15,230 Materials and Contracts Expenses 16,277 16,306 29 18,397 352 18,749 Other Expenses 9,291 9,333 42 9,877 287 10,164

39,280 39,410 130 44,229 (86) 44,143

Operating Surplus / (Deficit) A 5,257 5,350 93 1,012 291 1,303

CAPITAL ACTIVITIES:

Net Outlays on Existing AssetsCapital Expenditure on Renewal and Replacement of Existing Assets 7,623 7,547 (76) 9,894 (807) 3 9,087

Less: Depreciation, Amortisation & Impairment 8,887 8,895 8 9,340 339 9,679 Less: Proceeds from Sale of Replaced Assets B 367 364 (3) 30 324 354

Net Outlays on Existing Assets (1,631) (1,712) (81) 524 (1,470) (946)

Net Outlays on New and Upgraded AssetsCapital Expenditure on New and Upgraded Assets 4,294 4,279 (15) 4,096 2,491 4 6,587

Less: Amounts Received Specifically for New and Upgraded Assets C 162 162 0 150 12 162 Less: Physical resources received free of charge D 70 78 8 200 - 200 Less: Proceeds from Sale of Surplus Assets - - - - - -

Net Outlays on New and Upgraded Assets 4,062 4,039 (23) 3,746 2,479 6,225

Statement of Comprehensive Income - Net Operating Surplus/(Deficit) (A)+(B)+(C)+(D) 5,856 5,954 98 1,392 628 2,020

Notes

Year to Date Analysis (Analytical reviews performed for variances over $100k)

Full Year Analysis

2017/18 2017/18Year To Date Full Year

1) Actual YTD Other Operating Income is higher than the Q3 Forecast by $199k primarily due to the following:- Regal Theatre income of $56k not budgeted for. However, this has been offset by corresponding expenses;- Development Fees are $66k higher than expected due to greater number of planning applications; - Local and State Government Rebates of $32k for employee secondments not forecast; and- An unexpected increase for the LGA mutual liability insurance scheme rebate of $16k.

*This report contains rounded numbers and some rounding errors may occur where there is a difference between the calculated approximation of a number and its exact mathematical value.

The Full Year Forecast has been updated per the Council approved Q3 Forecast which was adopted on 22 May 2018. All variances have been investigated and Council is on target to achieve the Q3 Full Year Forecast.

Q1 - Q3 variation summary for variances over $500k

2) Full Year approved variations for Employee costs of $725k is due to unfilled vacancies, restructuring and leave. However, this was offset by an increase of $178k in Temporary Labour costs.

3) Full Year approved variations for Capital Expenditure on Renewal and Replacement of Existing Assets of $807k are primarily due to the following:- a decrease of $165k for the Hazelwood Park Conservation and Management Plan due to Administration re-visiting the scope of work required and the timing of the project;- $203k of savings achieved in a number of Infrastructure renewal projects due to procurement initiatives & reprioritisation of tasks; - savings in Civic Centre Renewal Works Program due to the delays in the town hall refurbishment and office reconfiguration of $140k; and- a proposed carry forward of Kensington Garden Master Plan and Works projects of $303k.

4) Full Year approved variations for Capital Expenditure on New and Upgraded Assets of $2.5m is primarily due to the acquisition of Constable Hyde Memorial Garden for $2.2m (C10392) which was settled on 25 August 2017.

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Project Name Activity Description

Q3 Forecast YTD

Percentage Complete*

Actual YTD Percentage Complete**

Variance ($'000)

Variance %

Sports Field Lighting Replacement Replacement/Renewal 75% 5% (58.44) -70%

Public Seating Program New/Upgrade 100% 60% (3.96) -40%

Replacement Furniture and Fittings for the Library Replacement/Renewal 100% 122% 4.45 22%

Plant Replacement - Depot Based Minor Plant Replacement/Renewal 100% 79% (5.74) -21%

Recreational Trails Strategy (Stage 3) New/Upgrade 61% 72% 7.72 10%

Hazelwood Park Replacement/Renewal 71% 61% (12.31) -10%

Magill Village Redevelopment New/Upgrade 61% 52% (9.41) -10%

Dulwich Avenue Pedestrian Facility New/Upgrade 100% 91% (6.82) -9%

Drinking Fountain Replacement Replacement/Renewal 93% 100% 0.72 7%

Bus Shelter Renewal Program Replacement/Renewal 107% 100% (1.30) -7%

Network Infrastructure Replacement Replacement/Renewal 100% 93% (4.00) -7%

Kensington Gardens Masterplan Replacement/Renewal 14% 8% (6.13) -7%

Minor Infrastructure Program Renewal Replacement/Renewal 25% 31% 4.80 6%

Henry Martin Square Road Paving Replacement/Renewal 69% 75% 11.25 6%

Footpath New Construction Program New/Upgrade 91% 85% (20.09) -6%

Open Space Renewal Replacement/Renewal 99% 93% (4.98) -5%

Swim Centre Patron Locker System Replacement/Renewal 100% 95% - -5%

Urban Services Work Orders Project Stage 2 New/Upgrade 82% 86% 13.34 4%

Tennis Courts Replacement/Renewal 96% 99% 2.51 3%

Drainage Renewal Program Replacement/Renewal 100% 103% 1.87 3%

Traffic Calming Program - Renew Replacement/Renewal 66% 63% (6.55) -3%

Public Lighting Renewal Program Replacement/Renewal 100% 97% (2.71) -3%

Hills Face Trails New/Upgrade 63% 60% (1.91) -3%

Drainage New Program New/Upgrade 90% 87% (16.67) -3%

New Reserve Furniture New/Upgrade 36% 38% 4.39 2%

Burnside Library Collection Renewal Program Replacement/Renewal 94% 96% 6.43 2%

Creek Rehabilitation Works New/Upgrade 24% 26% 8.47 2%

Local Nuisance and Litter Control Act - Property & Rating Upgrade New/Upgrade 100% 98% - -2%

Pool Covers for Main and Learner Pools Replacement/Renewal 100% 98% (0.86) -2%

Roundabout Landscape Renewal Program Replacement/Renewal 100% 98% (0.86) -2%

Kensington Gardens Works Replacement/Renewal 4% 2% - -2%

Traffic Calming Program - New New/Upgrade 100% 101% 0.90 1%

Footpath Renewal Program Replacement/Renewal 95% 96% 20.69 1%

Reserve Furniture Replacement Replacement/Renewal 33% 34% - 1%

Road Cracksealing program Replacement/Renewal 99% 100% 0.55 1%

Community Buildings Program Replacement/Renewal 70% 71% 1.80 1%

Brown Hill Keswick Creek Project New/Upgrade 1% 2% 12.00 1%

Conyngham Street Depot New/Upgrade 10% 9% (1.00) -1%

Constable Hyde Redevelopment New/Upgrade 62% 62% - -1%

Records Management Legislative Compliance Project Replacement/Renewal 49% 49% (0.50) -1%

Road Resurfacing Program Replacement/Renewal 93% 92% (13.75) -1%

Traffic Signals Light Emitting Diode (LED) Upgrade Replacement/Renewal 100% 99% (1.48) -1%

Kerb Program Replacement/Renewal 92% 91% (10.43) -1%

New Sports Lighting New/Upgrade 48% 47% - -1%

Disability Discrimination Act Compliance Project New/Upgrade 61% 60% - -1%

Community Library Service Van Replacement Replacement/Renewal 100% 99% (0.53) -1%

Regal Theatre P&E Acquisition New/Upgrade 100% 99% (2.00) -1%

Water Sensitive Urban Design New/Upgrade 100% 100% - 0%

Civic Centre upgrades New/Upgrade 83% 83% - 0%

Irrigation System Replacement Replacement/Renewal 84% 84% - 0%

New Playgrounds New/Upgrade 41% 41% - 0%

Civic Centre Renewal Works Replacement/Renewal 98% 98% (1.03) 0%

ICT Capital Program New/Upgrade 27% 27% 0.74 0%

Plant Replacement - Depot Based Major Plant Replacement/Renewal 42% 42% (0.98) 0%

Civic Centre Light Fleet Replacement Replacement/Renewal 87% 87% (0.75) 0%

Irrigation RPZ Program New/Upgrade 100% 100% - 0%

Hazelwood Park M/Plan St. 1 - Wayfinding Signage New/Upgrade 0% 0% - 0%

Playgrounds Replacement/Renewal 16% 17% 0.78 0%

DECD Land Swap - Constable Hyde Memorial New/Upgrade 100% 100% - 0%

ERA Water Infrastructure New/Upgrade 0% 0% - 0%*Forecast YTD Percentage Complete = YTD Q3 Forecast Spend/ Full Year Q3 Forecast Spend **Actual YTD Percentage Complete = Actual YTD spend / Full Year Q3 Forecast Spend

Comments on projects with variances over 50% or $100K

LEGEND:Variance between Forecast YTD % complete and Actual YTD % complete:

more than +/- 50% variance May YTD Forecast 11,917,806$

+/- 10% - 50% variance May YTD Actuals 11,826,016$

+/- 10% variance May YTD Variance $91,789

The 2017/18 Capital report compares the YTD Q3 Forecast to the Actual YTD spend and highlights projects which are on track and those which have not progressed in line with the Forecasted timings.

17/18 Capital Project Report

- Sports Field Lighting Replacement variance is due to the project being postponed as a result of only one tender being received. The Tender was overpriced and the company could not start work untill 2018/2019.

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Project Name

Q3 Forecast YTD

Percentage Complete*

Actual YTD Percentage Complete**

Variance (000')

Variance %

Regulated and Significant Tree Assistance Scheme 15% 35% (1.00) 20%

George Bolton Swimming Centre Business Review 108% 98% 3.79 -11%

Michael Perry Botanic Reserve Conservation Plan 60% 51% 2.35 -9%

Efficiency & Effectiveness Program 100% 97% 1.73 -3%

Building Condition Assessment 100% 97% 1.53 -3%

Short term employee under equity & diversity 92% 92% (0.00) 0%

Local Artist Exhibition Support at Civic Centre 36% 36% (0.00) 0%

Consolidation of Facebook presence of Burnside 0% 0% - 0%

Streetscape Guide Development 100% 100% - 0%

Comments on projects with variances over 50%

NIL

LEGEND:Variance between Forecast YTD % complete and Actual YTD % complete:

more than +/- 50% variance May YTD Forecast $210,581

+/- 10% - 50% variance May YTD Actuals $202,183

+/- 10% variance May YTD Variance $8,398

17/18 Operating Project ReportThe 2017/2018 Operating Project report compares the YTD Q3 Forecast to the Actual YTD spend and provides commentary on Projects with more than a 50% variance.

*Forecast YTD Percentage Complete = YTD Q3 Forecast Spend/ Full Year Q3 Forecast Spend **Actual YTD Percentage Complete = Actual YTD spend / Q3 Forecast YTD Spend

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Reports – Requested To Be Presented To Council (June 2018) (Attachment B)

NO MTG DATE SUBJECT OFFICER

TARGET DATE STATUS

1. 10/5/16 Eastern Region Alliance Strategic Plan (Strategic) (C10640) – That the ERA Mayors and CEO Group provide 6 monthly reports to all ERA Councils on the activities of the Eastern Region Alliance in respect to resource sharing, regional collaboration and any other activities relevant to the ERA Strategic Plan.

CEO Aug 2018 On track.

2. 25/10/16 Proposal – Shipsters Road, Kensington Park Footbridge (Operational) (C10894) – That a further detailed report be presented to Council for final approval.

GMCD TBA Timing of next report dependent on Pembroke School and consultants.

3. 28/11/17 Dulwich Community Centre (Strategic) (C11510) –That the Administration provide a further report to Council, following the endorsement of the revised Connected Community Strategy and Action Plan, which is to recommend a process for continuing the matter, including re-engaging the community to determine a preferred position and a definitive outcome.

GMUC Dec 2018 On track.

4. 12/12/17 Lane West of Matilda Street, Eastwood – Encroachments (Operational) (C11544) – That the Administration present a further report to Council detailing the outcome of the Road Process, closing the relevant portion of road, with a recommendation in relation to proposed next steps.

GMUC Aug 2018 On track.

5. 20/2/18 Public Registers (Operational) – Councillor Peter Cornish (C11583) – That the Administration provide Council with a report of all the public registers currently available, and list additional registers, detailing additional Council activity, that could be made public available in the future.

GMCD Jul 2018 On track.

6. 20/2/18 Republic Theatres Classic Pty Ltd – Lease Matters (C11604) – Confidential Report to Council following resolution C11604.

GMUC Aug 2018 On track.

7. 8/5/18 Public Lighting Update (Strategic) (C11677) – That the Administration prepare a Report to Council detailing the tariff options available by which to upgrade lighting to LED, and recommends an approach for the City of Burnside.

GMUC Jul 2018 On track.

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NO MTG DATE SUBJECT OFFICER

TARGET DATE STATUS

8. 8/5/18 Highbury Landfill Authority Audit Committee Meeting 1 May 2018 (C11686) – That the Administration provide a report to Council detailing the current status of risks and nature of insurances in place in respect of the Highbury Landfill Authority.

GMCD Jun 2018 On track.

9. 22/5/18 Parking Policy Revision (C11700) – That the Administration provide a report reviewing the parking policy including, but not limited to, issues raised by the community and during the Council debates, consideration of all permits being transferable and appropriateness of fees for permits, with advice in respect to appropriate changes, to be considered by Council at its meeting scheduled for 26 June 2018.

GMCD Jun 2018 On track.

Non-specific report requests

• 6 Conyngham Street, Glenside (Council Depot) –Proposed Master Plan (Strategic) (C11707) – Resolution requires regular project updates will be presented to Council, with respect to project progression, budget and scope.

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Item No: 14.2 To: Council Date: 12 June 2018 Author: Paul Deb – Chief Executive Officer Subject: ERA WATER – APPOINTMENT OF INDEPENDENT CHAIR FOR

BOARD(OPERATIONAL) Attachments: A. Candidate Briefing Pack

B. Applicant CVs and EOIs (provided via Confidential Elected Member Info Doc)

Prev. Resolution: C9615, 25/2/14 C10109, 31/3/15 C10165, 12/5/15 C10235, 23/6/15 C10531, 23/2/16



2. That Council endorse the recommendation of the Independent Chair Selection Panel, comprised of the ERA Water Constituent Council CEOs, to appoint Mr Bryan Jenkins as the Independent Chairperson for ERA Water for a two year period.

3. That the Independent Chairperson of ERA Water be paid $500 sitting fee per meeting attended.

Purpose

1. To seek Councils approval to appoint Mr Bryan Jenkins as ERA Water Independent Chair for a period not exceeding two years.

Strategic Plan

2. The following Strategic Plan provisions are relevant:

“Environmentally sustainable development which complements the City’s character”

“Delivery of good governance in Council business”

Communications/Consultation

3. The CEOs of the Constituent Councils undertook a recruitment and selection process for the appointment of an Independent Chairperson for ERA Water.

4. A detailed ‘Candidate Briefing Pack’, outlining the roles purpose and function was produced in April 2018 to provide information to potential candidates.

5. The City of Burnside undertook the recruitment process on behalf of the Constituent Council CEOs. An advertisement appeared in both the Eastern Courier Messenger and City Messenger, in addition to a LinkedIn advertisement and promotion through Council

27


websites, during April 2018 seeking expressions of interest (EOI) from suitably qualified candidates.

6. A total of six applications were received, all of which were considered appointable high calibre candidates and therefore proceeded to interview.

Statutory


Local Government Act 1999

Policy

8. The following Council Policy is relevant in this instance:

Water Sensitive Urban Design

Risk Assessment

9. The Appointment of an Independent Chairperson will fulfil the requirement set out in the ERA Water Charter (Clause 3.4).


10. The following CEO Performance Indicator (5.2) for 2017/18 is relevant:

10.1 Alert Council of any significant risks and issues which may impact on the delivery of the ERA Water program through the provision of a bi-monthly report to Council.

Finance

11. The Independent Chair will be required to be paid a sitting fee per meeting.

12. The ERA Water Charter requires that the Board must meet at least once every two months.

Discussion

Background

13. The former Independent Chair, Mr John O’Brien, formally resigned from his role as Chair on 26 March 2018; with his resignation taking effect from the end of the Board meeting held 27 March 2018.

14. At the meeting held 27 March 2018 the ERA Water Board resolved to appoint Mr Geoff Vogt as the Acting Independent Chair until the role was filled; consistent with the Charter.

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Analysis

15. The ERA Water Charter sets out the requirement for the Board to appoint an independent Chairperson. Clause 3.4.3 of the Charter states:

3.4.3 The Chief Executive Officers of the Constituent Councils shall invite applications for the position of Chairperson and assess such applications through such process as they consider appropriate and make recommendations to the Constituent Councils on the appointment of the Chairperson including the fee to be paid to the Chairperson and other terms and conditions to attach to such appointment.

16. The CEOs agreed to progress all six EOI through to interview. Application documents are provided to Elected Members through confidential drop box.

17. The interview Panel consisted of the CEOs from the three Constituent Councils with interviews taking place at the City of Burnside on 11 May 2018. The CEO of Town of Walkerville was on leave and not present, however was represented by the Acting CEO.

18. The interview panel considered that Mr Jenkins had a very impressive history coupled with solid experience in the water industry, in addition to having held positions in local government; demonstrating solid commercial acumen throughout interview.

19. He has a strong understanding of corporate governance and has also authored numerous academic articles. On balance and compared to all candidates the Panel agreed he was the preferred candidate.

20. Mr Jenkins has been advised of this outcome and that final decision is dependent on consistent resolutions from all Constituent Councils.

21. Council has two options:

21.1 that Mr Bryan Jenkins be appointed the Independent Chairperson of ERA Water for a term of two years and be paid an appropriate sitting fee per meeting; or

21.2 that the Constituent Council CEOs undertake the recruitment process again.

Conclusion

22. The former Chair of the ERA Water Board resigned in March 2017 necessitating a recruitment and selection process.

23. It is the opinion of the three CEOs that the first option outlined above is preferred. The Constituent Council CEOs have undertaken the requirement to invite applications for the position of Chairperson and assessed those applications.

24. The CEOs are unanimous in their recommendation to the Constituent Councils that Mr Bryan Jenkins be appointed as the Independent Chairperson of ERA Water.

25. Reports will be presented to other Constituent Councils accordingly with all candidates advised of the outcome.

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April 2018 Page 1

Candidate Briefing Notes for the Position of Independent Chair

ERA WATER

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April 2018 Page 2

About ERA WATER | A Regional Subsidiary ERA Water was established by its Constituent Councils (City of Burnside, City of Norwood Payneham & St Peters and The Corporation of the Town of Walkerville) under Section 43 of the Local Government Act 1999 and came into effect on 21 July 2015. ERA Water’s prime purpose (the Project) is to implement and oversee the collaborative long term joint undertaking of the Constituent Councils to implement a stormwater capture, treatment and distribution system in eastern Adelaide through, amongst other things, the linking and aggregation of small aquifers and storages via a regional aquifer storage and recovery system and the development of a cross-catchment, cross-council stormwater supply pipeline around eastern Adelaide. The ‘Region’ means the collective geographical area of the Constituent Councils.

Objectives and Purposes • To develop, implement, oversee and manage practical solutions to provide water

supply diversity within and outside the Region; • To supply water to the Constituent Councils and other persons for irrigation purposes

within and outside the Region, except that priority shall be given to the supply of water for irrigation within the Region;

• To manage and oversee the distribution of water captured as part of the Project; • To provide strategic direction for the Project; • To fund, lease or own physical infrastructure required to undertake the Project; • To meet all legislative requirements of the Subsidiary; • To be responsible for the ongoing maintenance, replacement and other capital

requirements of all physical infrastructure owned by the Subsidiary; • To utilise proven water management planning principles and technologies; • To manage, operate and control the necessary infrastructure for the Project; • To maximise economic, environmental and social benefits to the community by

developing and implementing innovative water management principles and techniques;

• To identify, develop and implement water recycling and supply opportunities for the • Constituent Councils; • To provide technical and other expert services and advice to the Constituent Councils

in the area of water management and recycling including identifying emerging issues and opportunities;

• To represent the Constituent Councils and liaise with State Government regarding the implementation or alteration of legislation in relation to water and licensing; and

• To be financially self-sufficient as far as possible.

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April 2018 Page 3

Board of Management The Board is the Subsidiary’s governing body and has the responsibility for the administration of the affairs of the Subsidiary. All meetings of the Subsidiary are meetings of the Board. The Board consists of four members, made up of a representative from each of the three Constituent Councils plus an Independent Chairperson. Board Members serve a maximum term of two years. The current Board Members are: • Vacant – Independent Chair • Geoff Vogt, Independent Member, City of Burnside • John Minney, Councillor, City of Norwood Payneham & St Peters • Kiki Magro, CEO, Corporation of the Town of Walkerville

Meetings The Board currently meets every two months. A quorum of the Board is three.

Appointment of Staff The Subsidiary may employ staff and may appoint a General Manager on a fixed term performance based employment contract. The Board has appointed Brian Maguire as its General Manager for a period of 12 months with an option for a further 12 month appointment.

Independent Chair Purpose and Functions 1. Attend and Chair all meetings of the Board (six per year) 2. Exercise other functions as the Board determines 3. Assist in the development of the following strategic plans for the Region in a collaborative

manner: • Annual Budget • Annual Business Plan • Long Term Financial Plan • Annual Report • Asset Management Plans • Water Management Strategy • National Competition Policy • Any other plans the Board or legislation requires

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April 2018 Page 4

Skills and Experience 1. Experience as an Independent Chair of a similar Board 2. Familiarity with the Local Government Act 1999 and environment 3. Strong governance and constructive skills 4. Demonstrated track record of collaborative work as a Board member and

Chair 5. Business experience within a water, commercial and technical setting 6. Experience in stormwater management 7. Network experience that will compliment / enhance ERA Water

Attachments ERA Water Charter

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Item No: 14.3 To: Council Date: 12 June 2018 Author: Council Administration Subject: INVESTIGATION PURSUANT TO REFERRAL UNDER SECTION

24 (2)(A) OF THE INDEPENDENT COMMISSIONER AGAINST CORRUPTION ACT 2012 – LODGEMENT OF COMPLAINT IN DISTRICT COURT (OPERATIONAL)

Attachments: A. Correspondence from Cr Bagster dated 19 February 2018 B. Correspondence from Ombudsman SA dated 27 March 2018 C. Correspondence from the Administration to Cr Bagster dated

16 April 2018 D. Final apology received from Cr Bagster dated 22 April 2018

Prev. Resolution: C11565, 30/1/18 C11645, 10/4/18



2. That Council note the further purported ‘final’ public apology dated 22 April 2018, received from Cr Bagster, in relation to his breaches of the Code of Conduct (Code), following the recommendations outlined in the Ombudsman’s Final Report provided to and endorsed by Council.

3. That Council note that the Administration, as required by the Final Report previously received by Council, has advised the Ombudsman SA on what steps were taken by Council to give effect to the Ombudsman’s recommendations, and of the ‘final’ apology provided by Cr Bagster.

4. That Council note that, consistent with Council Resolution C11565 of 30 January 2018, and pursuant to Section 263B (2) of the Local Government Act 1999, the Administration, as required by legislation, has lodged a complaint and commenced proceedings in the District Court of South Australia, due to Cr Bagster’s failure to comply with a requirement made as a result of an Ombudsman’s recommendation and a resolution of Council.

5. That Council note that, following the filing of the proof of service relating to these Section 263 proceedings, a notice of preliminary hearing for 2 July 2018 has been provided by the Registry.

Purpose

1. To provide Council with a copy of the further ‘final’ purported apology received from Cr Bagster following earlier consideration of the Final Report of the Ombudsman, into the misconduct in public administration committed by Cr Bagster, under Part 3 of the Code in May 2017 and consideration by Council of the initial apology provided in February 2018.

2. To advise Council that the Administration has, as required by legislation and the Code, lodged a complaint and filed the mandated proceedings against Cr Bagster in the District Court.

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Strategic Plan

3. The following Strategic Plan provisions are relevant:

“Representation that is ethical, respectful, transparent, and instills confidence, reflecting the best interests and values of the community.”

“Delivery of good governance in all Council business.”

Communications/Consultation

4. The following communication / consultation has been undertaken:

4.1. In accordance with Part 3 of the Code, the Final Report from the Ombudsman was provided to a public meeting of the Council within two ordinary meetings of the Council receiving the correspondence.

4.2. The Ombudsman has provided a view on the legitimacy of the apology received from Cr Bagster.

4.3. The Administration has engaged in regular correspondence with Cr Bagster to advise him of the requirements of the reports and resolutions to date to allow for compliance.

Statutory


Local Government Act 1999, specifically Sections 263-269.

Local Government (Accountability and Governance) Amendment Act 2015

Ombudsman Act 1972

Independent Commissioner Against Corruption Act 2012

Policy

6. The following Council Policy is relevant in this instance:

Code of Conduct for Council Members (“Code”)

Risk Assessment

7. The following risks have been identified:

7.1. If an Elected Member fails to comply with a Council requirement made as a result of an Ombudsman recommendation, the Elected Member will be taken to have failed to comply with Chapter 5 Part 4 of the Local Government Act 1999.

7.2. In this event, the Council is to ensure that a complaint is lodged against the Elected Member in the District Court.

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8. There are no impacts on or threats to achieving the CEO’s Performance Indicators with this recommendation.

Finance

9. A budgetary impact will occur as District Court proceedings have now been triggered. The costs at this point are unknown to the Administration.

Discussion

Background

10. The Final Report referred to relates to a report made to the Office of Public Integrity (OPI) regarding Cr Bagster’s alleged breach of clauses 3.3 and 3.13 of Part 3 of the Code which provides that Council Members must:

“not release or divulge information that the Council has ordered be kept confidential, or that the Council member should reasonably know is information that is confidential, including information that is considered by Council in confidence”; and

“be committed to making decisions without bias and in the best interests of the whole community and comply with the relevant conflict of interest provisions of the Local Government Act 1999.”

11. It was alleged in that report to the OPI that Cr Bagster had breached these clauses of the Code by:

11.1. divulging information the subject of the confidentiality order at the meeting held 9 May 2017;

11.2. failing to declare and appropriately deal with a material conflict of interest in Agenda Item 14.3 at the meeting held 9 May 2017; and

11.3. failing to declare and appropriately deal with material conflicts of interest pertaining to Agenda Items 18.1, 18.2 and 18.3 at the meeting held on 23 May 2017.

12. Failure by a Council Member to comply with Part 3 of the Code constitutes misconduct.

13. The Ombudsman investigated the report and made the following findings:

13.1. “Cr Bagster committed misconduct in public administration by divulging confidential information to the public at a meeting of the City of Burnside on 9 May 2017 which was contrary to section 63(2) of the Local Government Act and, accordingly, contrary to law for the purposes of section 25(1)(a) of the Ombudsman Act;

13.2. Cr Bagster committed misconduct in public administration by failing to declare and appropriately deal with a material conflict of interest in Agenda Item 14.3 at a meeting of the City of Burnside on 9 May 2017 which was contrary to section 63(2) of the Local Government Act and, accordingly, contrary to law for the purposes of section 25(1 )(a) of the Ombudsman Act;

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13.3. Cr Bagster committed misconduct in public administration by failing to appropriately deal with an actual conflict of interest in Agenda Item 18.1 at a meeting of the City of Burnside on 23 May 2017 which was contrary to section 63(2) of the Local Government Act and, accordingly, contrary to law for the purposes of section 25(1 )(a) of the Ombudsman Act;

13.4. Cr Bagster committed misconduct in public administration by failing to declare and appropriately deal with a material conflict of interest in Agenda Item 18.2 at a meeting of the City of Burnside on 23 May 2017 which was contrary to section 63(2) of the Local Government Act and, accordingly, contrary to law for the purposes of section 25(1 )(a) of the Ombudsman Act; and

13.5. Cr Bagster committed misconduct in public administration by failing to declare and appropriately deal with a material conflict of interest in Agenda Item 18.5 at a meeting of the City of Burnside on 23 May 2017 which was contrary to section 63(2) of the Local Government Act and, accordingly, contrary to law for the purposes of section 25(1) (a) of the Ombudsman Act.”

14. The Ombudsman further noted that:

14.1. “Over the course of the events described in this report, Cr Bagster has consistently refused to heed the advice of his colleagues and desist from inappropriately involving himself in matters in which he has had a direct personal interest.

14.2. Cr Bagster's conduct evidences a wilful and contumacious disregard for his obligations as a public officer and elected member of the council.

14.3. Cr Bagster in responding to my investigation and through his response to my provisional report has similarly demonstrated a concerning lack of insight into his behaviour. I am not satisfied that Cr Bagster is likely to refrain from further similar conduct.”

15. The Ombudsman made the following recommendations under respective legislation:

15.1. “That the Council, by means of a public statement, reprimand Cr Bagster for each breach of the Code; and

15.2. That the Council require Cr Bagster to issue an unqualified public apology for each breach of the Code.”

16. The Ombudsman has noted that Cr Bagster is currently subject to various interim intervention orders therefore the manner and form in which Cr Bagster is to give effect to the recommendations will be a matter for Council to determine.

17. In accordance with the provisions of the Code of Conduct for Council Members (Code) and the recommendations of the Ombudsman’s report, the outcomes of the investigation were provided to a public meeting of Council held on 30 January 2018 where Council resolved (C11565):


2. That Council note and adopt the recommendations of the Ombudsman in his Final Report dated 21 November 2017 by requiring Cr Bagster to issue an unqualified public apology to the Council for each breach of the Code of Conduct

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(Code) outlined in the Final Report, such apology to be issued by 28 February 2018, for publication on the Council website.

3. That Council publicly reprimands Cr Bagster for each breach of the Code outlined in the Final Report on the Council Website.

4. That Council note the final comments made by the Ombudsman in the Final Report relating to Cr Bagster’s conduct evidencing a wilful and contumacious disregard for his obligations as a public officer and Elected Member of the Council; in addition to the concerns that Cr Bagster is unlikely to refrain from further similar conduct.

5. That Council, should Cr Bagster fail to comply with a requirement made as a result of the Ombudsman’s recommendations, lodge a complaint in the District Court pursuant to Section 263B (2) of the Local Government Act 1999.

6. That Council Administration report to the Ombudsman by 21 February 2018 on what steps have been taken by the Council to give effect to the Ombudsman’s recommendations.

7. That the Council authorises the Administration to issue a media release pertaining to the outcome of this matter.

18. Following this resolution, email correspondence was sent to Cr Bagster on 7 February 2018 outlining the resolution so that he could comply with any requirements, in any manner he deemed appropriate. In order to ensure that Cr Bagster was given all opportunities to receive and act upon the resolution of Council, letters were also sent to Cr Bagster on 15 February 2018 which mirrored the email correspondence of 7 February 2018. These letters were disseminated through registered post and private courier. To date all correspondence has been returned to Council and marked as ‘return to sender’.

19. On 19 February 2018, Cr Bagster sent an email to a number of recipients (including the Ombudsman) entitled ‘Publish your Ombudsman SA Report by all means’ (Refer Attachment A). This appeared, on face value, to be a form of purported apology for the matter in question.

20. No further correspondence was received to date on this specific item. The Administration noted its obligations under legislation to progress the matter to the District Court, consistent with the provisions under the Local Government Act 1999 (Act) and further supported by the resolution C11565, however undertook to provide the apology and actions to date to both the Ombudsman and Council, for consideration, as an initial measure and to demonstrate due diligence.

21. Section 263B of the Act specifies as follows:

“Outcome of Ombudsman investigation

(1) The recommendations that may be made by the Ombudsman under the Ombudsman Act 1972 on the completion of an investigation of the complaint include that the council—

(a) reprimand the member (including by means of a public statement); or

39


(b) require the member to attend a specified course of training or instruction, to issue an apology in a particular form or to take other steps; or

(c) require the member to reimburse the council a specified amount; or

(d) ensure that a complaint is lodged against the member in the District Court.

(2) If a member of a council fails to comply with a requirement of the council of a kind referred to in subsection (1) made in accordance with the recommendation of the Ombudsman, the member will be taken to have failed to comply with Chapter 5 Part 4 and the council is to ensure that a complaint is lodged against the member in the District Court.

22. Acknowledging that an unqualified public apology was required, the Administration sought the views of the Ombudsman on whether the correspondence of 19 February 2018 from Cr Bagster was evidence of a sufficient and acceptable apology, demonstrating concern and foresight into the behaviour at hand and querying whether their office intended to undertake any other actions in regard to this case.

23. A response was provided from the Ombudsman as to their views on the validity of the apology provided (refer Attachment B).

24. This response, coupled with the purported apology, was presented to Council for noting and consideration at the meeting held on 10 April 2018 where it was resolved (C11645):


2. That Council note the purported public apology received from Cr Bagster, in relation to his breaches of the Code of Conduct (Code), following the recommendations outlined in the Ombudsman’s Final Report provided to and endorsed by Council.

3. That Council note that the Administration, as required by the Final Report, advised the Ombudsman SA on what steps were taken by Council to give effect to the Ombudsman’s recommendations.

4. That Council note the Ombudsman’s views on the validity of the apology provided by Cr Bagster on this matter.

5. Council provides a copy of the Ombudsman’s response to Councillor Bagster and invites him to reconsider his apology by 22 May 2018 as envisaged by the Ombudsman and Council.

6. That the Administration continues to correspond with the Ombudsman to keep their officers abreast of the issues and Council’s consideration of the matter and actions taken under Section 263B of the Local Government Act 1999.

25. To comply with this, the Administration issued appropriate correspondence to Cr Bagster through both email and hard copy documentation on 16 April 2018 (refer Attachment C).

26. A response and further ‘final’ purported apology was received from Cr Bagster on 22 April 2018 (refer Attachment D).

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27. On face value, it would be considered that this is not a valid apology or the kind envisaged by the Ombudsman’s report to Council in November 2017.

28. Therefore, consistent with both the previous resolution and legislative provisions and requirements, the Administration has lodged the matter with the District Court.

Conclusion

29. The Ombudsman delivered his Final Report into whether Cr Bagster committed misconduct in public administration in relation to his conduct at the Council meetings held in May 2017.

30. The Ombudsman found that Cr Bagster had committed misconduct in public administration and made recommendations for the Council to consider.

31. Following consideration of the matter Council reported to the Ombudsman on the steps taken to implement the Ombudsman’s recommendations and communicated to Cr Bagster on the requirements, that being, the issuing of an unqualified public apology to the Council for each breach of the Code of Conduct (Code) outlined in the Final Report, in addition to a formal reprimand and issue of a media release from the Administration.

32. Subsequent to consideration of the initial purported apology and reprimand issued and in light of the Ombudsman’s view on the initial response received, Council afforded Cr Bagster a further opportunity for respond.

33. A further response marked as ‘my only and final response to Burnside Council Resolution C11645’ was received on 22 April 2018. The response and content cannot be considered, on face value or by an ordinary person, to meet the intent, nature and spirit of both the Ombudsman’s request and that of Council or demonstrate comprehension of the Final Report and its gravity.

34. Due to the outcomes and nature of the response to the request made by Council and the Ombudsman the Administration has an obligation to lodge the matter with the District Court. Ample opportunities have been provided for Cr Bagster to comply with the request.

35. As the provisions for management of such matters are enshrined in legislation any deviation from the process could constitute a potential breach of the Independent Commissioner Against Corruption Act 2012, resulting in maladministration in public administration.

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From: Lance BagsterTo: Records - DG; Stevens, Corey (OMB); Geoff Brock; [email protected]; Hartley EO;

[email protected]; Nick XenophonCc: [email protected]; [email protected]; AGD:Attorney-General"s Department; Grant

Piggott; Darley Office; Bragg EO; [email protected]: Re: Publish your Ombudsman SA Report by all meansDate: Monday, 19 February 2018 3:11:53 AM

Dear Long-Suffering Ratepayer of Burnside,

This as a public apology regarding the “Final Ombudsman Report” [in fact a preliminary report]considered by Council on this matter relates to a report [formal complaint] made to the OPI byMayor Parkin, about my alleged breaches, “throughout May 2017, of clauses 3.3 and 3.13 of Part3 of the Code of Conduct for Elected Members”.

Some of the recalcitrant, unethical and immoral sitting members of the Burnside Council havedecided that I should be reprimanded [“rebuked”] and apologise. I note that the decidingmajority of the Council are conflicted and should never have voted on this issue.

The Ombudsman, unfortunately, investigated Mayor Parkin’s shenanigans and bogus complaintsand made the following findings (according to the Burnside website), that … Cr Bagstercommitted misconduct in public administration by:

· “divulging confidential information to the public at a meeting of the City of Burnside on 9 May 17 whichwas contrary to section 63(2) of the LG Act and, accordingly, contrary to law for the purposes of section 25(1)(a)of the Ombudsman Act;· failing to declare and appropriately deal with a material conflict of interest in Agenda Item 14.3 at ameeting of the City of Burnside on 9 May 17 which was contrary to section 63(2) of the LG Act and, accordingly,contrary to law for the purposes of section 25(1 )(a) of the Ombudsman Act;· failing to appropriately deal with an actual conflict of interest in Agenda Item 18.1 at a meeting of the Cityof Burnside on 23 May 2017 which was contrary to section 63(2) of the LG Act and, accordingly, contrary to lawfor the purposes of section 25(1 )(a) of the Ombudsman Act;· failing to declare and appropriately deal with a material conflict of interest in Agenda Item 18.2 at ameeting of the City of Burnside on 23 May 17 which was contrary to section 63(2) of the LG Act and,accordingly, contrary to law for the purposes of section 25(1 )(a) of the Ombudsman Act; and· failing to declare and appropriately deal with a material conflict of interest in Agenda Item 18.5 at ameeting of the City of Burnside on 23 May 2017 which was contrary to section 63(2) of the LG Act and,accordingly, contrary to law for the purposes of section 25(1) (a) of the Ombudsman Act.”

The Ombudsman was WRONG!!!

All of these terrible “Ombudsman considerations” from Mr Corey Stevens have precipitated thedishonourable Burnside Council to ‘Resolve … a “REBUKE FROM COUNCIL”. The Council decidedto produce a “Resolution of Council” [30 Jan 18, C11565] regarding the Ombudsman’s findings …“the City of Burnside Council ‘publically’ [this is consistent with the CEO’s poor spelling andgrammar] … reprimands Councillor Bagster for the following breaches of the Code of Conduct forElected Members, which fall under Part 3 of the Code of Conduct, constituting misconduct and abreach of statutory matters under the Local Government Act 1999.” They go on …:

· Breach of Code – Clause 3.3: “not release or divulge information that the Councilhas ordered be kept confidential, or that the Council member should reasonably know isinformation that is confidential, including information that is considered by Council inconfidence”; and· Breach of Code – Clause 3.13: “be committed to making decisions without bias andin the best interests of the whole community and comply with the relevant conflict ofinterest provisions of the Local Government Act 1999.”· This public reprimand satisfies one of the recommendations made by the“Ombudsman and Number 3 of the resolution below”. Council Administration will advisethe Ombudsman’s office of this formal reprimand and the channel through which it is

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mailto:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:Attorney-General"[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]

being communicated.

Council Resolution [C11565] was that Council:

· “note and adopt the recommendations of the Ombudsman in his Final Report dated 21 Nov 17 byrequiring Cr Bagster to issue an unqualified public apology to the Council for each breach of the Code ofConduct (Code) outlined in the Final Report, such apology to be issued by 28 Feb 18, for publication on theCouncil website;· publicly reprimands Cr Bagster for each breach of the Code outlined in the Final Report on the CouncilWebsite;· note the final comments made by the Ombudsman in the Final Report relating to Cr Bagster’s conductevidencing a “willful” and contumacious [sic] disregard for his obligations as a public officer and ElectedMember of the Council; in addition to the concerns that Cr Bagster is unlikely to refrain from further similarconduct;· should Cr Bagster fail to comply with a requirement made as a result of the Ombudsman’srecommendations, lodge a complaint in the District Court pursuant to Section 263B (2) of the LocalGovernment Act 1999;· Administration report to the Ombudsman by 21 February 2018 on what steps have been taken by theCouncil to give effect to the Ombudsman’s recommendations; and· authorises Administration to issue a media release pertaining to the outcome of this matter.

Here’s the truth; it’s exactly what I told the Ombudsman (28 Dec 17), Mr Wayne Lines, and hislackey Corey Stevens:

· 1. You have crossed the line. I am not sure which part of me being a free man / lay man / elected andcommunity member you did not understand?· 2. I fear you have already brought your office into disrepute and moved it a further step into ineptitude,irrelevance or oblivion.· 3. You [personally] have lost all my respect and I hope never to engage with you in any fora.· 4. If I have to, I will not hold back my personal opinions of your inappropriate conduct and your personaldecisions to waste buckets of SA public money and resources.· 5. If you do not publish this or my last e-mail to you (along with your stated intent to publish your 'prelimassessment'), I will consider it a dereliction of your duties, obligations and responsibilities. Publish it all!· 6. I am not writing this to Wayne ... I am writing this to you Corey [Mr Corey Stevens].· 7. You would do well to remember what the purpose of the office of the Ombudsman is all about. Youhave abandoned what that is. You have transgressed a sharp line of decency.· 8. I have composed a Haiku for you [and only you, Corey Stevens]:

the watchdog stares and salivateschains breakblood falls on white tiles

· 9. You may keep it as your own. Feel free to put it in a frame above your office desk. It would beappropriate if it was so placed as to see the morning light.· 10. Please, do not bother to communicate with me again unless it is to offer me a significant and detailedapology.

Sincerely yours,Councillor Lance BagsterCity of Burnside

On 12 Dec. 2017 09:39, I wrote:

Dear Corey, I have just received your letter that tells me you intend to publish your preliminary assessment reportinto whether or not I may or may not have been correct when I declared I had a material interestregarding the question I raised to the Burnside City Council about whether my optional leave wasapproved or not. I have stated to you numerous times that, whilst I had obviously had an interest in the matter, I hadno material conflict of interest (regarding whether or not Council had approved my leave). I haveexplained to you the circumstances under which I simply asked the Mayor if and why my leave wasapproved by Council. I have stated to you on numerous occasions why I could not have known that

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the Council had (unprecedentedly) put my leave application into the Confidential section of theBurnside Council papers. That I asked the question as to whether they had or hadn't approved myleave and why was simply because my leave had not appeared in the agenda of the meetingsubsequent to the previous meeting at which my leave was to have been approved. That's it! I kindly request that you publish this email in addition to your 30-odd page preliminary assessmentreport into this trivial and petty issue. If you elect to publish, the entire South Australian public will begin to understand the pathetic servicethat the Ombudsman SA is providing them. They will understand that you have elected to waste time,resources and their hard-earned money pursuing such a petty matter. They will also understand thatyou have ignored the key issues of criminal and unlawful behaviour in the Burnside City Councilwhich I have raised to your attention. These include:

1. Misappropriation;2. Malfeasance;3. Sedition;4. Collusion;5. Multiple breaches of the Local Government Act; and6. Many other unlawful and illegal acts or actions.

I can well understand that you do not like my tone or my attitude towards you. I can only reiterate mystated belief that I hold you personally in contempt and in the lowest if regards. I do not care aboutwhat personal feelings you harbour towards or against me. I do not care whether your attempts topublish such a trivial matter becomes known to the entire South Australian public. It should.Everyone should now learn the issues that the Ombudsman SA chooses to pursue and the time,resources and taxpayer money you have wasted. I do not owe you any respect, you have not earnt it.I'm a free man. I'm a citizen, I'm a community leader, I'm a layman doing his best for his electorate. Idon't owe you anything. Contrarily, you owe me and the South Australian community a fair andreasonable service as a watchdog. I believe that you have failed all of us in this case. In pursuing this pathetically trivial issue you have aided and abetted the Burnside Council's manyattempts to unseat me from my Elected office. You have willingly joined the many action which haveincluded prosecutions against me via SAPOL, ICAC, the Local Government Minister, other membersof the SA Parliament, SafeWork SA, the Fair Work Commission and most recently in the AdelaideMagistrates Court. Please publish this email (and all our correspondence) together with your preliminary assessmentreport. You are making me very cross and upset. As I have previously written to you, please do notcorrespond with me again unless it is to offer me an unequivocal apology. Good day, Councillor Lance Bagster JP

The upshot of it all is that I never, knowingly divulged confidential information I should not have;I have never inappropriately dealt with a material conflict of interest; I never had an actual conflict ofinterest.

I note the ridiculous final comments made by the Ombudsman in the Report relating to meevidencing a “willful”[sic] and “contumacious” [sic] disregard for his obligations as a public officerand Elected Member of the Council.

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What a crock!

In addition to the crap the Ombudsman assumes, he says, “there are concerns that” [Cr Bagsteris] “unlikely to refrain from further similar conduct”. These are paranoid and insane perceptionsof reality. I cannot believe that the standing organisations of the Magistrates and the DistrictCourts (or anyone) take them seriously.

I hope that the Ombudsman and the City of Burnside are able to publish this “apology” ‘in-full’…here it is:

· I unqualifiedly apologise that the City of Burnside is governed by such unruly andunscrupulous people;· I unqualifiedly apologise that such petty-minded and gutter-based individualsoccupy any Council positions;· I unqualifiedly apologise that the people of South-Australia have been takenadvantage of by the Ombudsman who has proved to be no more than a servant of theprevailing powers;· I unqualifiedly apologise that the people of Burnside have been taken advantage ofby the Council and the Ombudsman South-Australia;· I unqualifiedly hope that any coalition government of South-Australia excludes thelikes of David Pisoni (the alternative LG Minister) and Geoff Brock (the current LGMinister) from influencing LG in South-Australia;· I have never knowingly released or divulged information that the Council hasordered be kept confidential, or that a Council member should reasonably know isinformation that is confidential, including information that is considered by Council inconfidence;· I have never knowingly released or divulged or declared information orinappropriately dealt with a material conflict of interest in Agenda Item 14.3 at ameeting of the City of Burnside on 9 May 17 apparently contrary to section 63(2) of theLG Act and, accordingly, contrary to law for the purposes of section 25(1 )(a) of theOmbudsman Act;· I have never inappropriately dealt with an actual conflict of interest in Agenda Item18.1 at a meeting of the City of Burnside on 23 May 2017 apparently contrary to section63(2) of the LG Act and, accordingly, apparently contrary to law for the purposes ofsection 25(1 )(a) of the Ombudsman Act;·

Good day, Councillor Lance Bagster JP

On Tue, Dec 12, 2017 at 9:39 AM, Lance Bagster wrote:Dear Corey,

I have just received your letter that tells me you intend to publish you preliminaryassessment report into whether or not I may or may not have been correct when Ideclared I had a material interest regarding the question I raised to the Burnside City

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mailto:[email protected]

Council about whether my optional leave was approved or not.

I have stated to you numerous times that, whilst I had obviously had an interest in thematter, I had no material conflict of interest (regarding whether or not Council hadapproved my leave). I have explained to you the circumstances under which I simplyasked the Mayor if and why my leave was approved by Council. I have stated to you onnumerous occasions why I could not have known that the Council had (unprecedentedly)put my leave application into the Confidential section of the Burnside Council papers.That I asked the question as to whether they had or hadn't approved my leave and whywas simply because my leave had not appeared in the agenda of the meeting subsequentto the previous meeting at which my leave was to have been approved. That's it!

I kindly request that you publish this email in addition to your 30-odd page preliminaryassessment report into this trivial and petty issue.

If you elect to publish, the entire South Australian public will begin to understand thepathetic service that the Ombudsman SA is providing them. They will understand thatyou have elected to waste time, resources and their hard earned money pursuing such apetty matter. They will also understand that you have ignored the key issues of criminaland unlawful behaviour in the Burnside City Council which I have raised to yourattention. These include:

1. Misappropriation;2. Malfeasance;3. Sedition;4. Collusion;5. Multiple breaches of the Local Government Act; and6. Many other unlawful and illegal acts or actions.

I can well understand that you do not like my tone or my attitude towards you. I can onlyreiterate my statec belief that I hold you personally in contempt and in the lowest ifregards. I do not care about what personal feelings you harbour towards or against me. Ido not care whether your attempts to publish such a trivial matter becomes known to theentire South Australian public. It should. Everyone should now learn the issues that theOmbudsman SA chooses to pursue and the time, resources and taxpayer money you havewasted. I do not owe you any respect, you have not earnt it. I'm a free man. I'm a citizen,I'm a community leader, I'm a layman doing his best for his electorate. I don't owe youanything. Contrarily, you owe me and the South Australian community a fair andreasonable service as a watchdog. I believe that you have failed all of us in this case.

In pursuing this pathetically trivial issue you have aided and abetted the BurnsideCouncil's many attempts to unseat me from my Elected office. You have willingly joinedthe many action which have included prosecutions against me via SAPOL, ICAC, theLocal Government Minister, other members of the SA Parliament, SafeWork SA, theFair Work Commission and most recently in the Adelaide Magistrates Court.

Please publish this email (and all our correspondence) together with your preliminaryassessment report.

You are making me very cross and upset. As I have previously written to you, please donot correspond with me again unless it is to offer me an unequivocal apology.

Good day,

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Councillor Lance Bagster JP

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Documents

Notice of Council Meeting - City of Burnside...Council Agenda 12 June 2018 Notice of Council Meeting NOTICE IS HEREBY GIVEN in accordance with Sections 83 and 87 of the Local Government