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2.7. Role of council
(1) The council —
(a) governs the local government’s affairs; and
(b) is responsible for the performance of the local government’s functions.
(2) Without limiting subsection (1), the council is to —
(a) oversee the allocation of the local government's finances and resources; and
(b) determine the local government’s policies.
2.8. Role of mayor or president
(1) The mayor or president —
(a) presides at meetings in accordance with this Act; and
(b) provides leadership and guidance to the community in the district; and
(c) carries out civic and ceremonial duties on behalf of the local government; and
(d) speaks on behalf of the local government; and
(e) performs such other functions as are given to the mayor or president by this Act or any other written law; and
(f) liaises with the CEO on the local government’s affairs and the performance of its functions.
(2) Section 2.10 applies to a councillor who is also the mayor or president and extends to a mayor or president who is not a councillor.
2.10. Role of councillors
A councillor —
(a) represents the interests of electors, ratepayers and residents of the district; and
(c) facilitates communication between the community and the council; and
(d) participates in the local government’s decision-making processes at council and committee meetings; and
(e) performs such other functions as are given to a councillor by this Act or any other written law.
5.41 Functions of CEO
The CEO’s functions are to —
(a) advise the council in relation to the functions of a local government under this Act and other written laws; and
(b) ensure that advice and information is available to the council so that informed decisions can be made; and
(c) cause council decisions to be implemented; and
(d) manage the day to day operations of the local government; and
(e) liaise with the mayor or president on the local government’s affairs and the performance of the local government’s functions; and
(f) speak on behalf of the local government if the mayor or president agrees; and
(g) be responsible for the employment, management, supervision, direction and dismissal of other employees (subject to section 5.37(2) in relation to senior employees); and
(h) ensure that records and documents of the local government are properly kept for the purposes of this Act and any other written law; and
(i) perform any other function specified or delegated by the local government or imposed under this Act or any other written law as a function to be performed by the CEO.
5.60. When person has an interest
For the purposes of this Subdivision, a relevant person has an interest in a matter if either —
5.60A. Financial interest
For the purposes of this Subdivision, a person has a financial interest in a matter if it is reasonable to expect that the matter will, if dealt with by the local government, or an employee or committee of the local government or member of the council of the local government, in a particular way, result in a financial gain, loss, benefit or detriment for the person.
5.60B. Proximity interest
The Moment capacity of the AZ 14-770 is approximately half that of the AU 26. The section properties of both piles are attached. Due to this deviation from the original design, the current installation has not been reviewed or approved
by Cardno or Coffey.
This is all appearing to too difficult (sic).Please discontinue this request until further notice
Finding 01: The CEO has failed to discharge the duty imposed on him by section 10 of the State Records Act 2000 (SRA) by not ensuring that provision(s) 1.2 and 2.2 of the Record Keeping Plan was complied with in these respects to retention of vital
infrastructure documents of the fascine wall and ensuring electronic mail, of importance was retained, which was contrary to the duty imposed by section 17 of the State Records Act.
Finding 02: The CEO has failed in his duties imposed by section 10(2) of the State Records Act 2000 by ensuring the records of the local government are properly kept under s5.41(h) of the Local Government Act 1995 in accordance with the Record
Finding 03: The perception of bias toward Curnow Group Pty Ltd by Mr Wall regarding the affording of information to them which was not readily available to all tenderers is significantly high.
Finding 04: The lack of proper oversight and monitoring of the contractor or the contract has led to a likely cost to the State of Western Australia and the Shire of Carnarvon of a significant amount of money, during and since the completion
of the project.
Finding 05: The CEO did not adequately discharge the responsibility he had under the s5.41(g) of the Local Government Act 1995 for the management, supervision and direction of employees (including Mr Wall), and this failure by the
CEO has caused, or contributed to the potential costs due to employees’ actions and inactions.
Finding 06: Mr Wall has failed to undergo any due diligence regarding the purchase of stage two sheet pile.
Finding 07: The CEO did not adequately discharge the responsibility he had under s5.41 (g) of the Local Government Act for the management supervision and direction of other employees (including Mr Wall), and this failure by the CEO has caused,
or contributed to the lack of due diligence by Mr Wall as identified in Finding 6.
Finding 08: The Administration of the Shire of Carnarvon failed to adhere to their own Purchasing Policy F003 when engaging in use of the company Carnarvon Hardrock.
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