Council Meeting Minutes - City of Burnside

Council Minutes 10 July 20126. That pursuant to Section 91(9)(c) of that Act, the Chief Executive Officerbe delegated to revoke the confidentiality order should the matter appearsooner in the public domain.Seconded by Councillor LemonCARRIED UNANIMOUSLYReview of Confidential Item – Elected Member Request for Section 39Protection – New Claim (Second) (20.2)Councillor Palk moved:C8794 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 20.2 “Review of ConfidentialityOrder – Section 39 Protection from Liability – New Claim (Second)”.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 BillsCARRIEDCouncillor Palk moved:C8795 1.That the Report be received.2. That having considered Agenda Item 20.2 “Review of Confidential Item –Elected Member Request for Section 39 Protection – New Claim (second)”in confidence under section 90(2) and (3)(i) of the Local Government Act1999, the Council, pursuant to section 91(7) of that Act orders that theattachment to report 10.2 from 31 August 2009 be retained in confidencefor a period of 12 months.3. That pursuant to section 91(9)(c) of that Act the confidentiality order maybe revoked sooner by the Chief Executive Officer if the matter appears inthe public domain before the end of the 12 month period.Seconded by Councillor WilkinsCARRIED UNANIMOUSLYClosureThe meeting closed at 9.39 pm.NB For these purposes a member of the public includes all persons (including staff), but does not include members ofCouncil