Frankston City Council

S5 Instrument of Delegation to Chief Executive Officer
Local Government Act 2020
PROVISION ITEM DELEGATED DELEGATE CONDITIONS & LIMITATIONS
11(1) SCHEDULE

The power to
1. determine any issue;
2. take any action; or
3. do any act or thing
arising out of or connected with any duty imposed, or function or power conferred on Council by or under any Act.
1 Delegates The delegate must not determine the issue, take the action or do the act or thing
1. if the issue, action, act or thing is an issue, action, act or thing which involves
1.1 entering into a contract exceeding the value of $##insert amount;
1.2 making any expenditure that exceeds $##insert amount (unless it is expenditure made under a contract already entered into or is expenditure which Council is, by or under legislation, required to make in which case it must not exceed $##insert amount);
1.3 appointing an Acting Chief Executive Officer for a period exceeding 28 days;
1.4 electing a Mayor or Deputy Mayor;
1.5 granting a reasonable request for leave under s 35 of the Act;
1.6 making any decision in relation to the employment, dismissal or removal of the Chief Executive Officer;
1.7 approving or amending the Council Plan;
1.8 adopting or amending any policy that Council is required to adopt under the Act;
1.9 adopting or amending the Governance Rules;
1.10 appointing the chair or the members to a delegated committee;
1.11 making, amending or revoking a local law;
1.12 approving the Budget or Revised Budget;
1.13 approving the borrowing of money;
1.14 #insert any other applicable conditions/limitations; or
1.15 subject to section 181H(1)(b) of the Local Government Act 1989, declaring general rates, municipal charges, service rates and charges and specified rates and charges;
2. if the issue, action, act or thing is an issue, action, act or thing which is required by law to be done by Council resolution;
3. if the issue, action, act or thing is an issue, action or thing which Council has previously designated as an issue, action, act or thing which must be the subject of a Resolution of Council;
4. if the determining of the issue, taking of the action or doing of the act or thing would or would be likely to involve a decision which is inconsistent with a
4.1 policy; or
4.2 strategy
adopted by Council;
5. if the determining of the issue, the taking of the action or the doing of the act or thing cannot be the subject of a lawful delegation, whether on account of s 11(2)(a)-(n) (inclusive) of the Act or otherwise; or
6. the determining of the issue, the taking of the action or the doing of the act or thing is already the subject of an exclusive delegation to another member of Council staff.
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