[Notes from the webmaster:
See also related QoNs previously submitted by Councillor Liu and Council’s answers:
on 2011.06.08
on 2012.03.14
For a price comparison between the Council-supported offers and one of the competition, see:
Solar panels costs – comparing the competition to the council-supported supplier — 2011.11.10]
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Hi Gabriel,
Could you please post my comment below on www.KIpolis.net to update the above subject if it is appropriate as Council’s reply to my QoN was not entered in the minutes of the meeting:
“Having perused the minutes of the April Council meeting published on Council’s website: http://www.kangarooisland.sa.gov.au/webdata/resources/files/20120411%20Council%20Minutes.pdf, I discovered that neither my questions nor the reply were entered in the minutes under ‘Question on Notice’, instead it was hidden in Report Item 13.5 where it was minuted as a resolution with no information provided.
My ‘questions on notice’ and Council’s response should have been placed in the minutes of the meeting as required under Section 10(2)(b) of Local Government (Procedures at Meetings) Regulations 2000.
“Section 10(2) – If notice of a question is given under subregulation (1)—
(a) the chief executive officer must ensure that the question is placed on the agenda for the meeting at which the question is to be asked; and
(b) the question and the reply must be entered in the minutes of the relevant meeting.”
Further, written notice of my questions was given to the CEO on 25th March 2012 in accordance with Section 10(1) of the Regulations and that these questions should be placed on the agenda by the CEO as required under Subregulation 10(1)(a) and entered in the minutes.
“Section 10(1) – A member may ask a question on notice by giving the chief executive officer written notice of the question at least five clear days before the date of the meeting at which the question is to be asked.”
While subregulation 10(6) provides power to the presiding member to rule on whether a question should or shouldn’t be answered and since the Mayor did not reject any of my questions under this Section of the Regulations not to be answered, the CEO must enter all questions and the reply in the minutes as required by subregulation 10(2)(b).
“Section 10(6) – The presiding member may rule that a question with or without notice not be answered if the presiding member considers that the question is vague, irrelevant, insulting or improper.”
As there were no explanations nor reasons provided by the Mayor not to answer my ‘questions on notice’, failure to enter the questions and the reply in the minutes of the meeting contravened Section 10(2)(b) of Local Government (Procedures at Meetings) Regulations 2000.
Cr Ken Liu
NB: The above comment is my understanding of this section of the Regulations and is not the view of the Council and its CEO.”
Questions on Notice
April Meeting of Council (11/4/2012)
LGA Solar Councils Innovation Fund
I refer to LGA Circulars 34.10 & 48.2 relating to the ‘Solar’ funding program which was established in January 2010 through a MOU between ZEN Home Energy Systems and LGA. The Fund is generated via contributions received from ZEN for every solar unit sold under the LGA Solar Councils Pilot Program.
Question 1
How many solar units have been sold to home owners on Kangaroo Island by ZEN Home Energy Systems under this program and what is the revenue received by LGA resulting from Kangaroo Island Council’s involvement in supporting the program?
Question 2
What is the rate per solar unit sold and how much income has LGA received from ZEN Home Energy Systems since this program begun?
Question 3
Has Kangaroo Island Council received any share of the contribution from ZEN Home Energy Systems and reimbursements in costs or expenses incurred by this Council associated with the marketing and promotion of ZEN’s services and products?
Question 4
The LGA has recently disbursed $150,000 of funds received from ZEN Home Energy Systems to 7 local councils on projects under this program LGA Circular 48.2. Did Kangaroo Island Council seek funding for a share of the ZEN contribution for projects under the program? If so, what projects did this Council submit for funding?
Question 5
If no to ‘question 4’ above, why didn’t this Council take the opportunity to obtain our share of ZEN’s contribution for projects on the Island when all Councils were encouraged to apply for funding in August 2011 via LGA Circular 34.10?
Minutes of April Meeting
| Item No | 13.5 |
| Report Title | Cr Ken Liu – Question on Notice – LGA Solar Councils Innovation Fund |
| Moved Cr Willson Seconded Cr BoxallThat this report be received for information.
CARRIED. |
|
Local Government (Procedures at Meetings) Regulations 2000
Section 10—Questions
(1) A member may ask a question on notice by giving the chief executive officer written notice of the question at least five clear days before the date of the meeting at which the question is to be asked.
(2) If notice of a question is given under subregulation (1)—
(a) the chief executive officer must ensure that the question is placed on the agenda for the meeting at which the question is to be asked; and
(b) the question and the reply must be entered in the minutes of the relevant meeting.
(3) A member may ask a question without notice at a meeting.
(4) The presiding member may allow the reply to a question without notice to be given at the next meeting.
(5) A question without notice and the reply will not be entered in the minutes of the relevant meeting unless the members present at the meeting resolve that an entry should be made.
(6) The presiding member may rule that a question with or without notice not be answered if the presiding member considers that the question is vague, irrelevant, insulting or improper.
Cr Ken Liu
Kangaroo Island Council
P O Box 80, KINGSCOTE SA 5223
Ph: (08) 8553 2823 Mobile: 0428 322 005