Decision details

Exclusion of the Public

Decision Maker: CEO Performance Review Panel

Decision status: Recommendations Approved

Is Significant decision?: No

Is subject to call in?: No

Decision:

ORDER TO EXCLUDE FOR ITEM 7.1

THAT THE CEO PERFORMANCE REVIEW PANEL

1.       Having taken into account the relevant consideration contained in section 90(3) (a) and section 90(2) & (7) of the Local Government Act 1999 (SA), this meeting of the CEO Performance Review Panel dated 31 August 2026 resolves that it is necessary and appropriate to act in a meeting closed to the public for the consideration of Item 7.1 [2025/26 CEO Performance 360 Review] listed on the Agenda.

Grounds and Basis

Consideration in confidence is sought because the confidential 360 Degree Review conducted by Hender Consulting contains information the disclosure of which would involve the unreasonable disclosure of the views of elected members, staff and stakeholders into the personal affairs of Mr Michael Sedgman, Chief Executive Officer, City of Adelaide.

The CEO Performance Review Committee is satisfied that the principle that the meeting be conducted in a place open to the public has been outweighed in the circumstances because the disclosure of this information would involve the unreasonable disclosure of the views of elected members, staff and stakeholders into the personal affairs of Mr Michael Sedgman, Chief Executive Officer, City of Adelaide.

2.       Pursuant to section 90(2) of the Local Government Act 1999 (SA) (the Act), this meeting of the CEO Performance Review Panel dated 31 August 2026 orders that the public (with the exception of members of Corporation staff and any person permitted to remain) be excluded from this meeting to enable this meeting to receive, discuss or consider in confidence Item 7.1 [2025/26 CEO Performance 360 Review] listed in the Agenda, on the grounds that such item of business, contains information and matters of a kind referred to in section 90(3) (a) of the Act.

ORDER TO EXCLUDE FOR ITEM 7.2

THAT THE CEO PERFORMANCE REVIEW PANEL

1.       Having taken into account the relevant consideration contained in section 90(3) (a) and section 90(2) & (7) of the Local Government Act 1999 (SA), this meeting of the CEO Performance Review Panel dated 31 August 2026 resolves that it is necessary and appropriate to act in a meeting closed to the public for the consideration of Item 7.2 [2025/26 CEO Remuneration Review] listed on the Agenda.

Grounds and Basis

Having taken into account the relevant consideration contained in section 90(3) (a) and sections 90(2) & (7) of the Local Government Act 1999 (SA), this meeting of the CEO Performance Review Panel dated 31 August 2026 is satisfied that it is necessary and appropriate to act in a meeting closed to the public to receive and discuss information associated with Item 7.2 [2025/26 CEO Remuneration Review] listed on the Agenda.

Receipt and discussion of this report and attachments associated with this Item is required in confidence to protect the personal affairs of the Chief Executive Officer.

The CEO Performance Review Committee is satisfied that the principle that the meeting be conducted in a place open to the public has been outweighed in the circumstances because the disclosure of this information would involve unreasonable disclosure of information concerning the personal affairs of any person.

2.       Pursuant to section 90(2) of the Local Government Act 1999 (SA) (the Act), this meeting of the CEO Performance Review Panel dated 31 August 2026 orders that the public (with the exception of members of Corporation staff and any person permitted to remain) be excluded from this meeting to enable this meeting to receive, discuss or consider in confidence Item 7.2 [2025/26 CEO Remuneration Review] listed in the Agenda, on the grounds that such item of business, contains information and matters of a kind referred to in section 90(3) (a) of the Act.

ORDER TO EXCLUDE FOR ITEM 7.3

THAT THE CEO PERFORMANCE REVIEW PANEL

1.       Having taken into account the relevant consideration contained in section 90(3) (a) and section 90(2) & (7) of the Local Government Act 1999 (SA), this meeting of the CEO Performance Review Panel dated 31 August 2026 resolves that it is necessary and appropriate to act in a meeting closed to the public for the consideration of Item 7.3 [CEO Employment Contract] listed on the Agenda.

Grounds and Basis

This Item is confidential as it deals with the process and terms of appointment of the existing CEO’s employment contract and consideration of the benefits and disbenefits of its possible extension.

The disclosure of information in this report could unreasonably disclose information concerning the personal affairs of the current CEO (namely their employment circumstances, appointment process and status).

2.       Pursuant to section 90(2) of the Local Government Act 1999 (SA) (the Act), this meeting of the CEO Performance Review Panel dated 31 August 2026 orders that the public (with the exception of members of Corporation staff and any person permitted to remain) be excluded from this meeting to enable this meeting to receive, discuss or consider in confidence Item 7.3 [CEO Employment Contract] listed in the Agenda, on the grounds that such item of business, contains information and matters of a kind referred to in section 90(3) (a) of the Act.

ORDER TO EXCLUDE FOR ITEM 7.4

THAT THE CEO PERFORMANCE REVIEW PANEL

1.       Having taken into account the relevant consideration contained in section 90(3) (b) & (d) and section 90(2) & (7) of the Local Government Act 1999 (SA), this meeting of the CEO Performance Review Panel dated 31 August 2026 resolves that it is necessary and appropriate to act in a meeting closed to the public for the consideration of Item 7.4 [Response to CEO Undertaking] listed on the Agenda.

Grounds and Basis

This Item is confidential as the report contains information of a confidential nature (not being a trade secret). Its disclosure could reasonably be expected to identify the Selected Provider and to confer a commercial advantage on a party with whom Council is conducting business. Additionally, it could prejudice the commercial position of Council, with the potential to confer a commercial advantage to a third-party competitor of a person with whom Council is conducting business.

Public Interest

The CEO Performance Review Panel is satisfied that the principle that the meeting be conducted in a place open to the public has been outweighed in the circumstances because the disclosure of this information may result in the release of information prior to the finalisation of ‘commercial in confidence’ negotiation with the proponent. Furthermore, disclosure of Council’s commercial position may severely prejudice Council’s ability to discuss/participate or influence a proposal for the benefit of Council and the community in this matter and in relation to other contract negotiations.

2.       Pursuant to section 90(2) of the Local Government Act 1999 (SA) (the Act), this meeting of the CEO Performance Review Panel dated 31 August 2026 orders that the public (with the exception of members of Corporation staff and any person permitted to remain) be excluded from this meeting to enable this meeting to receive, discuss or consider in confidence Item 7.3 [Response to CEO Undertaking] listed in the Agenda, on the grounds that such item of business, contains information and matters of a kind referred to in section 90(3) (b) & (d) of the Act.

 

Publication date: 04/09/2026

Date of decision: 31/08/2026

Decided at meeting: 31/08/2026 - CEO Performance Review Panel

Accompanying Documents: