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Candidate Information Seminar 2014 Council Elections. Presented by: Meredith Nunan Date: 25 August 2014 Venue: Council Chambers. The role and functions of a Council Local Government Act 1999 s6, s7 & s8.
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Candidate Information Seminar 2014 Council Elections Presented by: Meredith Nunan Date: 25 August 2014 Venue: Council Chambers
The role and functions of a CouncilLocal Government Act 1999 s6, s7 & s8 • being a representative, informed and responsible decision-maker in the interests of its community • participating in public policy development and planning activities with the other spheres of Government • providing and co-ordinating services and facilities that benefit its area, ratepayers, residents and visitors
The role and functions of a CouncilLocal Government Act 1999 s6, s7 & s8 • developing its community and resources in a socially just and sustainable manner • providing for the welfare, well-being and interests of individual and groups within its community • representing the interests of its community to the wider community and other levels of Government
The role and functions of a CouncilLocal Government Act 1999 s6, s7 & s8 • planning at the local and regional level for the development and future requirements of itsarea • managing, developing, protecting and conserving the environment • regulating local activities such as building, keeping animals, parking, maintaining public health etc. Some of these responsibilities include a law enforcement role.
Relationship to other spheres of Government Councils work within the following inter-relationship with other spheres of government Local Independence Interdependence Dependence State Federal
Local Government Relationship with State & Federal Governments 68 Councils in South Australia Regional Bodies State Government Local Government Association of SA Australian Local Government Association Federal Government
In practice, what Councils do • Leadership • Representation of the community • Community planning & co-ordination • Community participation • Decision making • Service provision • Regulation • Policy and planning with State and Federal Governments • Governance
Means of achieving this • Revenue raising • Resources – Community Assets • Employment of staff • Contracting • Community leadership • Volunteer programs • Community development • Capital Equipment • Information
Option for Wards • Council areas may be divided into wards • wards are electoral divisions for election of Council members • if Council area is divided into wards, the number of people represented by an Elected Member (the ward quota) must not vary by more than 10% from other wards
City of Mitcham • there are 6 wards with a total of 13 councillors (not including the Mayor • 4 plains wards – Babbage, Boorman, Gault and Overton • 2 hills wards – Craigburn and The Park • two councillors represent each ward, with the exception of Craigburn Ward which has 3
Demographics • Total population: 65,720 • Total electors: 47,324 • Quota of electors per councillor: 3,380
Role of the Principal Member • presides at meetings of the Council • carries out civic and ceremonial duties • provides advice, if required, to the CEO between Council meetings regarding a decision of the Council • acts as the principal spokesperson of the Council • Deputy Mayor/Chairperson (if elected by the Council) undertakes the role in absence of Principal Member • can be appointed as an ex officio member of any Council committee
Role of an Elected MemberLocal Government Act 1999 – s69 • a member of the governing body – where decisions are made by Council as a whole • represents the interests of all residents and ratepayers in the area – not just one ward • provides community leadership and guidance • facilitates communication between the community and the Council • These duties are also undertaken by the Mayor or Chairperson
Role of a Council Member -Continued • participates in Council debates, policy making and planning for the area • reviews Council’s strategic and financial plan to ensure they are appropriate and effective • reviews the Council's resource allocation, expenditure and activities • reviews the effectiveness of its service delivery • membership of Council Committees and/or Council Development Assessment Panel
Development Assessment Panels Council is a ‘relevant authority’ under Development Act 1993 • Council is required to establish a Council Development Assessment Panel to: • assess and determine some development applications • operate and make decisions solely under the Development Act, not Local Government Act • The operation of DAP is quite distinct from other Council functions - it is not a Council committee.
Mitcham DAP consists of: • 3 Elected Members • 4 Independent Members • DAP currently meets on the 1st Thursday of the month at 6.30 pm
Council briefings and workshops • Elected Members are provided with a range of information and skills through Council briefings, specialised information sessions and workshops • these are usually held on Tuesday nights • an Elected Member can expect to be involved in Council business on most Tuesday nights
Role of the CEO and StaffLocal Government Act 1999 - s99 CEO is responsible for staff matters and ensuring implementation of Council’s plans and policies. • assist Council Members in their policy and decision making process • provide advice and guidance of a professional, technical or social nature • action the business of Council on behalf of the elected body
Role of the CEO and Staff -continued • provide for the good management of Council’s resources and ensure services are effective • operate within the policies of Council • the CEO has specific responsibility for staff management • on some issues relevant to the Senior Executive Officer, the CEO is required to consult with Council • (Recruitment and selection)
Elected Members have no legal role independent of the Council. • It is the ‘body’ corporate that makes the decisions of Council
What it takes to be an effective Elected Member • energy • dedication • genuine concern for the wellbeing of the community • ability to communicate • courage to try • desire to make things happen • understanding of the job • willingness to learn new ways of doing things
What it takes to be an effective Elected Member -continued • keep in touch with the community • be the community voice • prepare for meetings • attend meetings • commitment to the role of Elected Member
Time commitment • An Elected Member should be prepared to: • attend all Council meetings • prepare for meetings by reading the agendas • seek clarification on matters which are unclear from the CEO/Directors • attend workshops and briefings • undergo training • attend to constituent requests and enquiries • attend civic functions
How much prior knowledge is expected of an Elected Member • everyone comes with their own skills and experience • no specialist knowledge is assumed • But • be prepared to learn a great deal • be prepared to absorb a lot of information • be prepared to attend training sessions • It is anticipated that training might become mandatory
Realistic expectations • not all Members will share your passion for a particular cause or issue • decisions of Council are democratically made – by majority vote • decisions of Council must be respected even if they do not reflect your opinion/position
Realistic expectations • Remember • Your commitment to Council must be balanced with your personal, family and work needs • Look after your health
Allowances and Expenses • Elected Members are entitled to an annual allowance and reimbursement of expenses • levels of allowances are determined by the independent Remuneration Tribunal • the Remuneration Tribunal determination (31 July 2014) provides for allowances: • - Between $5,700 pa and $21,500 pa for Council Members (4x for Principle Members), depending on the Group in which the Council sits • - Annual CPI adjustment. • * A copy of the Remuneration Tribunal determination is available at http://www.remtribunal.sa.gov.au/pdf/DT06_2010.pdf
Allowances for year 1 of next Council term • Councillors $19,000 • Principal Member $76,000 • Deputy Mayor / $23,750 • Presiding member of • a prescribed committee
Legal Issues • Elected Members are Public Officers under ICAC • Code of Conduct (s63 of the Act) • Register of Interests (s64-72 of the Act) • Conflict of Interest (s73-74 of the Act) • Use of confidential information (s62 of the Act) • Protection of Members – civil liability (s39 of the Act)
Election Timetable • roll close • Friday 8 August 2014 • nominations period • Tuesday 2 September – noon, Tuesday 16 September 2014 • mail-out of voting material • Monday 20 - Friday 24 October 2014 • close of voting • Friday 5pm 7 November 2014 • scrutiny and count • from 9am Saturday 8 November 2014
Who can nominate? • Australian citizen or • anyone on council between 5 May 1997 and 1 January 2000 • and are • an elector for the area or • designated person of a body corporate or group named on council voters roll or • person or designated person of body corporate or group whose name omitted from roll in error
Who cannot nominate? • a member of an Australian Parliament • a member of council staff • an undischarged bankrupt or person benefiting from insolvent debtor legislation • a person sentenced to imprisonment and is likely to serve the sentence or remainder of the sentence • Page 10 of the Candidate Handbook
Nominations • close 12 noon 16 September 2014 • 3 different nomination forms • LG 3 for an elector in their own right • LG 4 for the designated person of a body corporate • LG 5 for the designated person of a group
Confirmation of nomination • allow time to lodge the nomination • if the nomination is unsatisfactory at the close of nominations, it will be invalid • opportunities for corrections and amendments can be given only until nominations close
Candidate Profile • compulsory, must lodge at same time as nomination form • must be signed and dated • 150 words maximum • include contact details for the candidate – either a street address (not a post office box unless accompanied with), an email address or a phone number
Profiles (continued) • contain the statement – I take responsibility for the content of the profile • cannot be inaccurate or misleading • lodge written consent if reference to another candidate • no dot points, underlining, capitals, different fonts
Photograhps • optional – black and white or colour • head and shoulders only • taken in last 12 months • endorsed by candidate on the back • photos in electronic format will not be accepted • Page 15 of the Candidate Handbook
Withdrawing of nominations • To withdraw you must complete the appropriate form prior to the close of nominations
Acceptance of nominations • Upon acceptance of nominations by the Electoral Commission, the front page of the nomination is displayed in the Council offices for the during of the election period.
Following close of nominations • draw for position of names on ballot paper – 4pm on the day nomination close • letter to candidates advising of results of draw • confirmation of dates for mail-out and scrutiny and count • legislative framework relating to election material, illegal practices and campaign returns • scrutineer authority forms and campaign donations return • Page 17 of the Candidate Handbook
No contest • If there are the same number of positions as candidates, those nominating will automatically be elected to the position.
Publication of Candidate Statements • LGA has enabled candidates to publish a hyperlink to an external webpage or site about yourself and your candidacy • Information relating to this will be included in nomination kit • Candidates have 7 days to submit their website address • 12 noon, Tuesday 23 September • Candidate Statement – Instruction to candidates • contained within Nomination Kit
Assistance with campaigning • Council can assist with: • information on the council area and activities, services, issues • election signage provisions • voters roll (not electronic) • Page 18 of the Candidate Handbook
Electoral Material • must contain name, address of: • person authorising material • printer/producer • cannot be inaccurate/misleading • consider mail-out of voting packs 20 October to 24 October, when campaigning • candidate’s responsibility to ensure material complies with law • Page 18 of the Candidate Handbook