I refer to the article titled ‘Elected Councillors have yet to deal with several critical issues’, published on November 22, and need to correct a number of errors that are material, and may mislead some readers.
Mr Ian Reynolds appointed me to the position of CEO, in his then capacity as the Administrator of the Council.
Mr Rob Noble did not have any legal capacity to make that appointment, and did not purport to do so.
The current directors and executive managers of the Council were appointed by the then CEO, Mr Rob Noble, following an external merit-based recruitment process.
Each of those positions is a senior staff position under the Local Government Act 1993 and so their contracts of employment are in the form approved by the Chief Executive of the NSW Office of Local Government.
Mr Reynolds, as the then Administrator of the Council, did not have any legal capacity to make those appointments, and did not purport to do so.
Only the CEO can employ, manage and dismiss staff.
The administration of the Council ended immediately prior to the extraordinary meeting of the Council on September 22.
The words “the Central Coast Council was still under administration” that you attribute to Cr Best are incorrect.
The Council is under no legal obligation to discuss or review the selection or appointment to the position of General Manager within six months of the election.
The Council can review that appointment at any time, subject to meeting the relevant provisions of the Local Government Act 1993, and within the confines of the contract of employment with the person employed to that position.
The adopted Code of Conduct binds councillors and staff, and includes a prohibition on councillors contacting staff unless that contact is in accordance with an adopted policy and procedure authorised by the Council and the CEO.
That provision of the adopted Code is consistent with the Model Code of Conduct prescribed under the Local Government Act 1993.
Councillors are able to contact the CEO, Directors, Executive Managers, Senior Managers, Unit Managers in the Environment and Planning Directorate, and Councillor Support staff.
Email, Nov 27
Brian Bell, Chief Executive Officer
Central Coast Council