Council Meeting

Minutes

Meeting No. 639

20 November 2024

Commenced at 6.03pm

Council Chamber

301 Hampshire Road, Sunshine,

Victoria

Fiona Blair

Chief Executive Officer

22 November 2024

Brimbank Council Meeting No. 639 - 20 November 2024 (Mayoral Election) 2 of 9

Council

Cr Joh Bauch

Cr Victoria Borg

Deputy Mayor

Cr Thuy Dang

Mayor

Cr Maria Kerr

Cr Daniel Kruk

Cr Lucy Nguyen

Cr Katharine Nikolic

Cr Duyen Anh Pham

Cr Ranka Rasic

Cr Virginia Tachos

Cr Kim Thien Truong

Executive Leadership Team

Ms Fiona Blair

Chief Executive Officer

Ms Lynley Dumble

Director Community Wellbeing

Ms Georgie Hill

Director People, Partnerships and Performance

Mr Chris Leivers

Director Infrastructure and City Services

Mr Mark Stoermer

Director Corporate Services

Mr Kelvin Walsh

Director City Futures

Governance Team

Mr Danny Bilaver

Manager Governance and Risk

Mr Tony Vo

Coordinator Council Business

Ms Natalie Horvatic

Council Business Officer

Brimbank Council Meeting No. 639 - 20 November 2024 (Mayoral Election) 3 of 9

Table of Contents

1 Opening (Including Acknowledgement Of Country) ......................................4

2 Council Commitment.....................................................................................4

3 Apologies/Leave Of Absence ........................................................................4

4 Disclosure Of Conflicts Of Interest ................................................................4

5 Term Of Mayor ..............................................................................................4

6 Mayoral Election ...........................................................................................5

7 Mayoral Commencement Address .................................................................5

8 Determination Of Position Of Deputy Mayor..................................................5

9 Election Of Deputy Mayor (If Position Established).......................................6

10 Officer Reports .............................................................................................7

10.1 Appointment To Committees .................................................................7

11 Meeting Closure ............................................................................................9

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Order of Business

1 Opening (Including Acknowledgement Of Country)

The Chief Executive Officer, Fiona Blair, opened the meeting at 6.03pm and welcomed all

in attendance.

The Chief Executive Officer stated:

On behalf of Brimbank City Council, I respectfully acknowledge and recognise the

Wurundjeri and Bunurong Peoples as the Traditional Custodians of this land and pay

respect to their Elders, past,

present and future.

2 Council Commitment

The Chief Executive Officer, on behalf of the Council, read the Council Commitment:

As the Council, you will act in the best interests of the Brimbank community and

consider the immediate and long term impacts of your decisions. You will make these

decisions fairly and without bias.

You will uphold all of your obligations under the laws of Victoria and Council’s local laws,

and will act in accordance with the Model Councillor Code of Conduct.

Swearing In of Councillors

In accordance with s30(1)(c) of the

, notification is provided

in these minutes of those Councillors who have taken the oath and affirmation of office.

As per s30 of the

each Councillor is required to take the oath

or affirmation of office.

At the Council Meeting held 20 November 2024, Councillors Joh Bauch, Victoria Borg,

Maria Kerr, Katharine Nikolic, Duyen Anh Pham, Ranka Rasic, Virginia Tachos and Kim

Thien

Truong read and signed an oath of office before the Chief Executive Officer, Fiona

Blair, who witnessed the signing of the oath of office. Councillors Thuy Dang, Daniel

Kruk and Lucy Nguyen read and signed an affirmation of office before the Chief

Executive Officer, Fiona Blair, who witnessed the signing of the affirmation of office.

The signed

statements

of

each

Councillor

are attached to these minutes.

3 Apologies/Leave Of Absence

Nil.

4 Disclosure Of Conflicts Of Interest

Nil.

5 Term Of Mayor

Before the Election of the Mayor, the Council must determine by resolution whether the

Mayor is to be elected for a one year or a two year term, in accordance with section 26

of the

.

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That on the declaration of the result of the Mayoral Election by the Chief Executive

Officer, the successful candidate is elected Mayor of Brimbank City Council for a ___ year

term.

Resolution

Moved Cr Virginia Tachos/Seconded Cr Ranka Rasic

That, on the declaration of the result of the Mayoral Election by the Chair, the

successful candidate is elected Mayor of Brimbank City Council for a one year

term.

Carried

6 Mayoral Election

The election of the Mayor was conducted in accordance with the

and the Brimbank Governance Rules.

Councillors may nominate themselves or another Councillor. Nominations must be

seconded by another Councillor.

The names of nominated Councillors were displayed in writing.

To be elected Mayor, a nominee must get the vote of an absolute majority of the

Councillors of Brimbank City Council. That is, at least six votes.

Voting was by show of hands.

The Brimbank Governance Rules require Councillors to vote for one of the candidates.

Councillors can vote for themselves or another Councillor. A Councillor can only vote for

one candidate in any round.

The Chief Executive Officer invited nominations for the office of Mayor

Nominations

Cr Thuy Dang was nominated by Cr Virginia Tachos. Cr Thuy Dang confirmed acceptance

of the nomination. The nomination was seconded by Cr Victoria Borg.

In accordance with the Brimbank Governance Rules, as there was only one

nomination, the Chief Executive Officer declared Cr Thuy Dang to be duly

elected Mayor of Brimbank City Council.

The Mayor, robed and chained, assumed the role of Chair of the meeting.

7 Mayoral Commencement Address

The incoming Mayor, Cr Thuy Dang, addressed the meeting.

8 Determination Of Position Of Deputy Mayor

Section 20A of the

provides that Council may establish

an

office of Deputy Mayor.

If Council has established an office of Deputy Mayor, the Deputy Mayor must perform the

role of the Mayor and may exercise any of the powers of the Mayor if the Mayor is

Brimbank Council Meeting No. 639 - 20 November 2024 (Mayoral Election) 6 of 9

unable for any reason to attend a Council meeting or part of a Council meeting, or

incapable of performing the duties

of the office of Mayor for any reason, including illness,

or the office of Mayor is vacant.

If Council has not established an office of Deputy Mayor, Council may appoint a

Councillor to be the Acting Mayor when the Mayor is unable for any reason to attend a

Council meeting or part of a Council meeting, is incapable of performing the duties of the

office of Mayor for any reason, including illness, or the office of Mayor is vacant.

Motion

That:

a. Council, in accordance with the

and the Brimbank

Governance Rules, establishes the position of Deputy Mayor, for a ___ year term.

b. On the declaration of the result of the Deputy Mayoral Election by the Chair, the

successful candidate is elected Deputy Mayor of Brimbank City Council for a ___

year term.

Resolution

Moved Cr Virginia Tachos/Seconded Cr Joh Bauch

That:

a. Council, in accordance with the

and the

Brimbank Governance Rules, establishes the position of Deputy Mayor,

for a one year term.

b. On the declaration of the result of the Deputy Mayoral Election by the

Chair, the successful candidate is elected Deputy Mayor of Brimbank City

Council for a one year term.

Carried

9 Election Of Deputy Mayor (If Position Established)

The election was held in accordance with the Brimbank Governance Rules and the

.

The Mayor invited nominations for the office of Deputy Mayor.

Nominations

Cr Victoria Borg was nominated by Cr Ranka Rasic. Cr Victoria Borg confirmed

acceptance of the nomination. The nomination was seconded by Cr Katharine Nikolic.

In accordance with the Brimbank Governance Rules, as there was only one

nomination, the Chief Executive Officer declared Cr Victoria Borg to be duly

elected Deputy Mayor of Brimbank City Council.

Cr Maria Kerr was nominated by Cr Joh Bauch. Cr Maria Kerr did not accept the

nomination.

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10 Officer Reports

10.1

Appointment To Committees

10.1

Appointment to Committees

Directorate

People, Partnerships and Performance

Director

Georgie Hill

Manager

Danny Bilaver

Attachment(s)

Nil

Purpose

For Council to consider appointments to the LeadWest Joint Delegated Committee and

the Audit and Risk Committee.

Officer Recommendation

That Council appoints until Council resolves otherwise:

a. Councillor ___________ as Councillor delegate, and Councillor ___________ as

proxy, to the LeadWest Joint Delegated Committee.

b. Councillors ___________ and ___________ as representatives, and Councillors

___________ and ___________ as substitutes, to the Audit and Risk Committee.

Background

Committees

LeadWest is a Joint Delegated Committee established by Brimbank City Council,

Maribyrnong City Council, Hobsons Bay City Council, Wyndham City Council and Melton

City Council. Council is required to appoint Council delegates to this committee.

Under the

, Council is required to establish an Audit and Risk

Committee to which it appoints Council representatives.

The role of the Council representative or delegate for both committees is defined in the

Terms of Reference for each committee, and is, broadly, to represent the issues facing,

and position of Council.

Matters for Consideration

Committee Appointments

Council generally reviews appointments of Council representatives and delegates to

committees on an annual basis.

It is recommended that Council appoints Council delegates and representatives to the

LeadWest Joint Delegated Committee and the Audit and Risk Committee due to those

committees’ upcoming meetings on 11 December 2024 and 22 November 2024

respectively.

Another report will be presented to Council to consider the appointment of Council

representatives and delegates to the remaining of the committees at the December

Council Meeting scheduled for 10 December 2024.

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LeadWest Joint Delegated Committee

LeadWest Joint Delegated Committee represents the councils of Brimbank, Hobsons Bay,

Maribyrnong, Melton and Wyndham, to support sustainable growth and regional

development in Melbourne’s West.

It is recommended Council appoints one Councillor delegate and one proxy to the

LeadWest Joint Delegated Committee.

Audit and Risk Committee

The Audit and Risk Committee is an Advisory Committee to Council established in

accordance with section 53 of the

, to provide oversight of

internal and external audit and strategic risk activities.

It is recommended Council appoints two representatives and two substitutes to the Audit

and Risk Committee. The substitutes would only be called upon to attend meetings

should one or both representatives be unavailable. All Councillors are able to attend

Audit and Risk Committee meetings as observers, with the approval of the Chair.

Community Engagement

Not applicable.

Resource And Risk Implications

Resource requirements can be met within the Annual Budget 2024/2025.

Regulatory:

legal, legislative or regulatory implications including the rights/obligations

of stakeholders

• This report fulfils legislative governance obligations, to provide transparent and

accountable reporting of governance activity.

There are no Community, Environmental, Financial or Safety risks identified.

Legislation/Council Plan/Policy Context

This report supports the Council Plan 2021-2025 strategic direction and objective of:

4. Leadership and Governance - A high performing organisation that enacts the

vision and decisions of Council through the delivery of quality and innovative

services - A fairer place for all

• High Performing and Accountable - Our workforce strive to enhance services and

liveability for the Brimbank community.

This report complies with the

, Council Plan 2021-2025, S5 Instrument of

Delegation to the Chief Executive Officer, S7 Instrument of Sub-Delegation by the Chief

Executive Officer, Councillor Code of Conduct 2021 and Procurement Policy.

Council officers contributing to the preparation and approval of this report, have no

conflicts of interests to declare.

Section 129 of the

provides that a conflict of interest does

not arise in relation to a decision by a Councillor on a matter or in a circumstance that is

prescribed to be exempt by the Local Government (Governance and Integrity)

Regulations 2020. Regulation 7(1) prescribes the following are exempt matters: