Council Meeting Minutes - City of Burnside

Council Minutes 10 July 2012Confidential ItemsReview of Confidentiality Order – Section 39 Protection from Liability– New Claim (20.1)Councillor Palk moved:C8792 Pursuant to section 90(2) of the Local Government Act, 1999, the Council ordersthat all members of the public NB except the Chief Executive Officer; GeneralManager, Corporate Services; General Manager, Community & DevelopmentServices; General Manager, Urban Services and Executive Officer be excludedfrom attendance at the meeting for Agenda Item 20.1 “Review of ConfidentialityOrder – Section 39 Protection from Liability – New Claim”.The Council is satisfied that, pursuant to section 90(3)(i) of the Act, theinformation to be received, discussed or considered in relation to this Agenda Itemis information relating to actual litigation and litigation that the Council or Councilcommittee believes on reasonable grounds will take place involving a formerCouncillor.The Council is satisfied that the principle that the meeting be conducted in a placeopen to the public has been outweighed in the circumstances because thematerial comprises legal correspondence relating to a private civil matter betweentwo parties independent of Council.Seconded by Councillor LemonCARRIEDCouncillor Palk moved:C8793 1.That the Report be received.2. That the Report 2.1, Minutes and Attachments 2, 3, 4, and 5 from 21 July2009 be released with the name of the plaintiff redacted wherever itappears.3. That Report 10.4, Minutes and Attachments 1 and 2 from 31 August 2009be released with the name of the plaintiff redacted wherever it appears.4. That having considered Agenda Item 20.2 “Review of Confidentiality Order– Section 39 Protection from Liability – New Claim” in confidence undersection 90(2) and (3)(i) of the Local Government Act 1999, the Council,pursuant to section 91(7) of that Act orders that:4.1 attachment 1 (being an email with two attachments) to Report 2.1from 21 July 2009, and4.2 attachment 3 to report 10.4 from 31 August 2009, and4.3 the name of the plaintiff be retained in confidence until thedefamation case is finalised.5. That this order be reviewed every 12 months by the Chief ExecutiveOfficer.NB For these purposes a member of the public includes all persons (including staff), but does not include members ofCouncil