Late Reports Agenda of Ordinary Council

ATTACHMENT

L.1 Resignation of Chief Executive Officer and Pathway for the Recruitment of a New Chief Executive Officer

PROPONENT	Shire of Manjimup
OWNER	N/A
LOCATION / ADDRESS:	N/A
WARD:	N/A
ZONE:	N/A
DIRECTORATE:	Office of the CEO
FILE REFERENCE:	F230040
LEGISLATION:	Local Government Act 1995
AUTHOR:	Andrew Campbell
DATE OF REPORT:	24 February 2023
DECLARATION OF INTEREST:	The author of this report is the existing Chief Executive Officer

Background:

On Friday 24 February 2023 the Chief Executive Officer provided a notice of resignation to the Shire President in accordance with Clause 11.4(1) of his employment contract with the Shire of Manjimup.

Termination at will by the Chief Executive Officer under this Clause requires a three month notice period. The Chief Executive Officer has advised the Shire President of the proposal to work until the 17 March 2023 and then take the remaining three month notice period as accrued leave. The Chief Executive Officers’ final day of employment is 18 May 2023.

The purpose of this report is for Council to consider the appointment of an Acting Chief Executive Officer during the period of leave of the Chief Executive Officer and to chart the pathway for Council’s recruitment of a new Chief Executive Officer.

PUBLIC Consultation Undertaken:

Nil.

COMMENT (Includes Options):

In accordance with Council Policy 2.1.3 Appointment of Acting Chief Executive Officer and Senior Managers Council is to appoint an Acting Chief Executive Officer for any scheduled absence of the Chief Executive Officer that is more than four weeks in duration.

Whilst the Chief Executive Officer has rotated the Acting Chief Executive Officer role through each of the Shire of Manjimup’s Directors under delegation in past years, it is considered in this instance that the Director of Development and Regulation, Mr Brian Robinson is best placed to be the Acting Chief Executive Officer for the period 20 March 2023 to 18 May 2023. After this time the Chief Executive Officer recruitment process is expected to be well underway and Council will be able to make further decisions on the Acting Chief Executive position until the Chief Executive Officer position is filled.

The process of appointing a Chief Executive Officer has changed significantly in recent times due to the Local Government reform process. The Chief Executive Officer Review Advisory Committee and Council Policy 1.2.12 Chief Executive Officer Selection Panel provide current guidance to the recruitment of a Chief Executive Officer. Councillors Omodei, Dawson Vidovich, Taylor, Skoss and Ventris are current members of the Chief Executive Officer Review Advisory Committee. The Terms of Reference for the Committee and the Policy document are provided for reference.

ATTACHMENT: L.1(1)

ATTACHMENT: L.1(2)

Council will need to determine whether to use a recruitment consultant, and who the “independent” person will be on the Chief Executive Officer Selection Panel in addition to a range of matters specifically related to the Chief Executive Officer position such as the job description. The correct mechanism to determine these matters is via the Chief Executive Officer Review Advisory Committee which should be convened forthwith. It is recommended that the Shire of Manjimup’s Director Business, Mr Greg Lockwood, is the conduit to facilitate the administration of this process.

STATUTORY ENVIRONMENT:

The Local Government Act 1995 and subsidiary legislation guides the statutory appointment process of the Chief Executive Officer.

Policy / Strategic Implications:

The Chief Executive Officer Review Advisory Committee and Council Policy 1.2.12 Chief Executive Officer Selection Panel guide the process of recruitment of a Chief Executive Officer.

Organisational risk management:

Under the recent reforms to the Local Government Act 1995 it is critical to ensure that the correct statutory process is followed. If the correct process is not followed, the appointment of a new Chief Executive Officer may be disallowed by the State Government and Council will be required to recommence the process from the start.

Financial Implications:

The recruitment of a Chief Executive Officer is likely to come at a considerable expense primarily due to the use of a recruitment consultant and matters such as advertising. The financial expense will be required to be funded through the existing budget.

Sustainability:

Environmental: Nil.

Economic: Nil.

Social: Nil.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. Appoint Mr Brian Robinson as Acting Chief Executive Officer for the period of 20 March 2023 to 18 May 2023;

2. Convene a meeting of the Chief Executive Officer Review Committee to discuss the recruitment of a Chief Executive Officer at the earliest convenience; and

3. Appoint Mr Greg Lockwood as the administrative support to the Chief Executive Officer Review Committee.

ATTACHMENTS
1 ⇩	CEO Advisory Committee Terms of Reference	1 Page
2 ⇩	Council Policy 1.2.12 Chief Executive Officer Selection Panel	3 Pages