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City of Marion. Local Government Elections 2010 Candidate Briefing Session 6pm Tuesday 7th September 2010. Overview. Kate McKenzie (Acting Manager Governance) Welcome and introduction Mark Searle (Chief Executive Officer) City of Marion Overview Michael Kelledy (Partner, Wallmans Lawyers)
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City of Marion Local Government Elections 2010 Candidate Briefing Session 6pm Tuesday 7th September 2010
Overview • Kate McKenzie (Acting Manager Governance) • Welcome and introduction • Mark Searle (Chief Executive Officer) • City of Marion Overview • Michael Kelledy (Partner, Wallmans Lawyers) • Election Process • Mr Graham Watts (ex City of Marion Councillor) • Personal experience • Kate McKenzie (Acting Manager Governance) • Wrap up and close
Central Adelaide Region City of Marion • Population 82,971 • 55 sq kilometres • Rateable properties • 39,239 properties • $14.6b capital value Corporation of City of Marion • Council: Mayor & 12 Elected Members • 334 Staff • $68.8m Operating Budget • $761m Assets
Our Corporate Vision • By 2020 Marion Council will be • A leader in the delivery of the Community Vision“Broad horizons, bright future” • Community Wellbeing • Cultural Vitality • Dynamic Economy • Healthy Environment • An Organisation of Excellence • Recognised for Excellence in Governance • Recognised for Service Quality • An Employer of Choice City of Marion Strategic Plan 2008-2020 Vision stable since 2002
Caretaker Period • 21 September until ‘conclusion of the election’ • Prevents ‘designated decisions’ • Certain exemptions exist under the Act and Regulations • Requires adoption of ‘caretaker policy’ (available on City of Marion Website) • Recognises ‘significant decisions’ – over and above ‘designated decisions’ • Otherwise does not prevent ‘business as usual’
Criteria to stand as a Candidate • 18 or over • An Australian citizen; and • An elector for the area or a designated person representing a body corporate or group; • A prescribed person who had been a member of a Council between 5 May 1997 and 1 Jan 2000; • Be on the voters roll.
Who is not eligible • State or Federal MP • An un-discharged bankrupt • An employee of the Council • A candidate from another Council area • Been sentenced to imprisonment or could become liable to serve the remainder of the sentence
Wards Boundaries • Council will be divided into 6 wards • Wards are electoral divisions for election of Councillors • The Wards are divided based on the number of people represented by a Councillor (the ward quota) • 2 Councillors are elected per ward • A Candidate can only nominate in 1 ward
Nominating • Nomination kits and forms available from Council • Complete the nomination form and the candidate profile • Lodge the nomination with either the Returning Officer (ESCA) or Council Liaison Officer by 12 noon 21 September • To withdraw a nomination, you must complete the appropriate form prior to the close of nominations • Cannot nominate if already a candidate (no multiple nominations)
Candidate Profile Must contain your • Contact details, being a postal address (not a PO Box), or email address or a telephone number; • Be accompanied by a statement by you declaring “I take responsibility for the content of the profile”; • Be signed and dated by you; • Must be typed/printed and not exceed 150 words • Not contain offensive or obscene material; • Must not refer to another person who has nominated as a candidate without the written consent; • Must not comment on decisions or actions taken by Council (past or present).
Candidate Photograph • A candidate photograph is optional; • Should be the same size as an Australia passport photo; • Must be a head/shoulders photo; • Taken within the last 12 months; • Must have a statement signed by you on the back stating (this is a photo of “your name” taken within the last 12 months); • Must be received by close of nominations; • Photos must be hard copy and cannot be submitted by electronic means.
Publications of Nominations • Upon receipt and acceptance of a nomination, it will be displayed in the foyer of the customer centre • After the close of nominations, within 16 days nominations must be published • The public notice will include the names of candidates and the position they have nominated for • Whether in fact an election is required. If there are the same number of positions and candidates, those nominating will be automatically elected
Roles and Responsibilities • Role of Council • Role of Mayor (Presiding Member) • Role of Councillor • Role of CEO and Staff
Legal issues for Elected Members • Oath of office • Register of Interests • Conflict of Interests • Public office duties • Codes of Conduct • Attendance at Council meetings • Protection of Members – civil liabilities
Primary Returns • For all new members • Within 6 weeks of election • Applies from the date of election for next 12 months • Circumstances over ‘return period’ • Failure to submit – breach of act/loss of office • False information – offence $10,000max
Allowances and Expenses • Elected Members are entitled to an annual allowance and reimbursement of expenses • Allowances set by independent tribunal at $16,800 pa - City of Marion (Group 1) • Mayor’s allowance is set at four times this amount ($67,200) • Expenses and support (i.e. child care, travel expenses, etc)
Campaign Donations Returns • All candidates • Within 30 days of conclusion of elections • To Council CEO • $500 or more – individual or collective from same source • Return period • New candidates – from accounting candidate/lodging nominations • Returning candidates – from 1 December 2006 to 3 December 2010 • Includes a ‘Nil’ return
Election Material Allelection material must contain; • The name and address of the person authorising the material; • If the material is printed, the name and address of the printer; • If the material is published in a newspaper as a letter to the editor, the name and address of the writer; • MUST NOT contain inaccurate and misleading statements purporting to be fact.
Election Signs • City of Marion does have an Election Signs Policy • Council is considering this policy at its meeting on 14 September • A final version of the Policy will be available on the website no later than Thursday 16 September • Under the agreement with ETSA and DETI no elections signs can be erected until 4 weeks before polling day (Friday, 15 October)
Illegal Practices The Local Government (Elections) Act 1999 outlines a number of illegal practices including; • Violence, intimidation and bribery; • Dishonest articles; • Interference with statutory rights; • Attempting to discover how people voted.
Voting Packs • Mail out of voting papers is scheduled for the last week of October (25 to 29 Oct) • Voting Packs will include: • Ballot papers • Copy of the candidates profiles • A postal voting guide • Envelope bearing a tear off flap for a declaration by the elector • A reply paid envelope
Returning of Voting Material • Close of voting 5 pm Friday 12 November • All returned voting material is processed daily • The ballot papers must be signed by the elector • Voting Papers can be returned to Council. A ballot box will be behind the customer centre counter • The declaration flap is removed during the scrutiny and count before the envelope is opened to maintained vote secrecy • Candidates will be advised when the count will commence
Counting and Scrutineers • Counting will take place in the Council Chamber; • No candidates will be permitted in the Chamber whilst the count is occurring; • You may appoint a scrutineer to observe the count; • No more than 2 scrutineers per candidate are permitted in the chamber at any stage during the count • Your scrutineers must identify themselves to the electoral officer in charge and complete a scrutineer authority form (copies available from Council)
Election Results & Recounts • When the Count is finalised a provisional declaration will occur in the presence of scrutineers • The results will appear on the LGA Website • The Mayoral Count will occur first • Recounts can be requested within 72 hours • The Returning Officer will determine if a recount will occur • Final declarations will be issued after the recount period
LGA Candidate Website • Established and managed by the Local Government Association www.lgcandidates.sa.gov.au • Website covers all Local Government Elections • Opportunity for a candidate to provide additional information than their profile • Profile and photo will be forwarded to LGA • Additional information within Nomination Kits
My Experience as a Councillor Ex City of Marion Councillor Mr Graham Watts
Election Key Dates • Close of Voters Roll 13 August • Opening of Nominations 7 September • Close of Nominations 12 pm, 21 September • Caretaker Period Commence 21 September • Mailing of voting papers 25 – 29 October • Last day for voting papers to be returned 5pm 12 November • Scrutiny and Count 13 November • New Council sworn in 19 November
Further information or Assistance Council Liaison Officers Kate McKenzie (Acting Manager Governance) Jaimie Thwaites (Acting Executive Officer) Deputy Returning Officer Electoral Commission of SA - Elaine Catterall Local Government Association www.lga.sa.gov.au