3.1 appointment of acting chief executive officer · attachments: 1. stephen hains - resume summary...

City of Onkaparinga

Confidential agenda for the Special Council meeting to be held on 11 February 2020.

5 Date Printed: 11 February 2020

3.1 Appointment of Acting Chief Executive Officer

This is a new proposal, concept or issue.

Manager: Kirk Richardson, Chief Executive Officer (acting)

Report Author: Kirk Richardson, Chief Executive Officer (acting)

Contact Number: 8384 0620

Attachments: 1. Stephen Hains - Resume Summary (1 page)

2. Draft Employment Agreement (22 pages)

Sathish Dasan, Norman Waterhouse Lawyers will be in attendance

1. Purpose

This report recommends the appointment of Stephen Hains as Chief Executive Officer.

2. Recommendations

1. That:

a. under the provisions of Section 90(2) of the Local Government Act 1999 an order be made that the public, be excluded from attendance at the meeting in order to consider this item in confidence.

b. the Council is satisfied that it is necessary that the public, with the exception of :

• Chief Executive Officer (Acting)

• Sathish Dasan from Norman Waterhouse Lawyers

• Minute Taker

• [insert other names of persons permitted to remain in chamber]

be excluded to enable the Council to consider the report at the meeting on the following grounds:

Section 90(3)(a) information the disclosure of which would involve the unreasonable disclosure of information concerning the personal affairs of any person (living or dead).

c. Specifically, the present matter relates to information pertaining to the personal affairs of a person including in relation to their contract of employment. The disclosure of this information would be unreasonable

because it is sensitive and confidential information and is not a matter of public knowledge. Accordingly, on this basis the principle that meetings of the Council should be conducted in a place open to the public has been outweighed by the need to keep the information or discussion confidential.

2. That Council appoint Stephen Hains as Chief Executive Officer for the

duration of the vacancy of the office of the Chief Executive Officer (CEO) on the terms stipulated in the Acting CEO Employment Agreement.

3. That Council authorise the Mayor to execute the Acting CEO Employment Agreement on its behalf.

4. That the matter of Appointment of Acting Chief Executive Officer having been considered by the Council in confidence under sections 90(2) and

RELEASED

City of Onkaparinga



90(3)(a) of the Local Government Act 1999 that an order be made under the provisions of sections 91(7) and (9) of the Local Government Act 1999 that the following document(s) (or part) be kept confidential:

• Report of the CEO relating to item 3.1

• Attachments to the report of the CEO relating to item 3.1

• Minutes of the Special Council meeting of 11 February 2020 relating to item 3.1

on the grounds that the document(s) (or part) relates to information the

disclosure of which would involve the unreasonable disclosure of information concerning the personal affairs of any person (living or dead).

5. This order shall operate until the Acting CEO Employment Agreement is signed by all parties and in any event will, if applicable, be reviewed at least annually in accordance with the Act.

3. Background

At the Special Council meeting on 22 October 2019 council resolved in part.

“the Council appoint Mr Kirk Richardson to act in the position of Chief Executive Officer until the vacancy is filled or until the Council resolves otherwise”.

Mr Richardson has been in the position of Chief Executive Officer since 23 October 2019 whilst the Council has been taking steps to fill the vacancy.

On 29 January 2020 Mr Richardson indicated to Mayor Thompson his intention to return to his substantive duties. It is recommended that the Council acknowledges and respect Mr Richardson’s request.

Section 98 of the Local Government Act 1999 (SA) provides:

“(1) If a vacancy occurs or is about to occur in the office of chief executive officer, the council must take steps to fill the vacancy (or the pending vacancy).

(2) The council must appoint a person to act in the position of chief executive officer until a vacancy is filled.”

Accordingly, the Mayor recommends the appointment of Stephen Hains in the

position of Acting CEO until the CEO vacancy is filled.

Mr Hains was formerly the CEO of the City of Salisbury, a position which he held for a period of 20 years. He was also formerly appointed as the Acting CEO of the

Adelaide City Council. Please refer to Attachment 1 – Resume Summary: Stephen Hains for a summary of his qualifications, his experience within the local government sector, and Chairman and Board positions which he had held

throughout his career.

The terms and conditions of Mr Hain’s employment are provided in Attachment 2 - Draft Acting Chief Executive Officer Employment Agreement (Draft Employment

Agreement).

4. Financial Implications

In accordance with the terms stipulated in the Draft Employment Agreement, the Gross Total Employment Cost Package is $350,000 per annum.

RELEASED

City of Onkaparinga



5. Risk and Opportunity Management

The engagement of an external Acting CEO provides the Council with continuity and reduces the risk of disruption to its operations.

It allows Directors to focus on their substantive duties. The terms of the Draft

Employment Agreement provides the Council with the flexibility to, either, end the engagement when the CEO position is filled in the near future or to extend the employment, should it be required. The Draft Employment Agreement also provides

for the termination of employment based on other grounds if necessary.

6. Additional information

The current acting CEO expresses his gratitude for the support he has been provided from both Elected Members and Staff during his time in the Chief

Executive role.

RELEASED

City of Onkaparinga



Attachment 1

RELEASED

City of Onkaparinga



Attachment 2

RELEASED

City of Onkaparinga



RELEASED

3.1 appointment of acting chief executive officer · attachments: 1. stephen hains - resume summary...

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