City of Bunbury Prospective Elected Members Forum Presented by: - - PowerPoint PPT Presentation
City of Bunbury Prospective Elected Members Forum Presented by: James McGovern - Manager, Governance Introduction About Local Government Roles and Responsibilities Meetings of Council Declarations of Interest Impacts on Home
Prospective Elected Members Forum
Presented by:
James McGovern - Manager, Governance
Section 1: About Local Government
representing 2,587,000 constituents employing a total workforce of 22,000 (15,000 FTE)
with 21% in the Regions
Section 1: About Local Government
Section 1: About Local Government
A Local Government can do anything required to provide for good governance that does not conflict with legislation or common law.
Body Corporate Created by State Parliament
Section 1: About Local Government
Town planning and building controls, residential waste collection, fire control, dog and cat management, swimming pool inspections and food and public health inspections.
Sport and recreation facilities, home and community care, local roads and footpaths, community safety and amenity, cultural activities, community events, public libraries, seniors and child care services, local environmental management and protection, tourism initiatives and fostering economic development.
Section 2: Roles and Responsibilities
a) Governs the Local Government’s affairs; and b) is responsible for the performance of the Local Government’s functions.
a)
finances and resources; and b) determine the Local Government’s policies. Local Government Act 1995 s2.7
Section 2: Roles and Responsibilities
a) represents the interests of electors, ratepayers and residents of the district; and b) provides leadership and guidance to the community in the district; and c) facilitates communication between the community and the Council; and d) participates in the Local Government’s decision-making processes at Council and Committee meetings; and e) performs such other functions as are given to a Councillor by this Act or any other written law. Local Government Act 1995 s2.10
Section 2: Roles and Responsibilities
a) presides at meetings in accordance with this Act; and b) provides leaderships and guidance to the community in the district; and c) carries out civic and ceremonial duties on behalf of the Local Government; and d) speaks on behalf of the Local Government; and e) performs such other functions as are given to the Mayor or President by this Act or any other written law; and f) liaises with the CEO on the Local Government’s affairs and the performance of its functions. Local Government Act 1995 s2.8
Section 2: Roles and Responsibilities
a) advise the Council in relation to the functions of a Local Government under this Act and other written laws; and b) ensure that advice and information is available to the Council so that informed decisions can be made; and c) cause Council decisions to be implemented; and d) manage the day to day operations of the Local Government; and e) liaise with the Mayor or President on the Local Government’s affairs and the performance of the Local Government’s functions; and f) speak on behalf of the Local Government if the Mayor or President agrees; and g) be responsible for the employment, management supervision, direction and dismissal of
h) ensure that records and documents of the Local Government are properly kept for the purposes of this Act and any other written law; and i) perform any other function specified or delegated by the Local Government or imposed under this Act or any other written law as a function to be performed by the CEO.
Local Government Act 1995 s5.41
Section 2: Roles and Responsibilities The Council The Administration
meet resource needs
community services
Land Use Planning
Council
decisions
staff
Government
Section 2: Roles and Responsibilities
Similar Structure Use resources to achieve objectives Require careful management and
Must obey the laws
Section 2: Roles and Responsibilities
Section 2: Roles and Responsibilities
Section 2: Roles and Responsibilities
a) standards of general behaviour; b) use of information; c) securing unauthorised advantages or disadvantages; d) misuse of resources; e) prohibition against involvement in administration; f) relations with Local Government employees; g) disclosing certain interests (not financial) ; and h) restriction on receiving, and disclosure of, certain gifts.
Section 2: Roles and Responsibilities “The purpose of a Code of Conduct is to set out principles and standards of conduct and integrity for Councillors, to inform the public of the conduct it is entitled to expect and to uphold public confidence in Local Government.”
Section 3: Meetings of Council
represent the community, provide leadership and guidance and facilitate communication between the community and the Council.
decisions are made.
Section 3: Meetings of Council
management reports;
Section 3: Meetings of Council
management reports
be influenced, and to influence others
Section 3: Meetings of Council
Elected Members have an obligation to attend meetings and may be disqualified for failure to do so - s.2.10 and s.5.19 Attendance at least 50% of the number of offices (vacant or not) of member of the Council / Committee e.g. a Council has 13 offices, 7 members are required to form a quorum s.5.19 Quorum Mayor or President at all meetings of the Council s.2.8, s.5.66, s.5.12 and s.5.14 Presiding at the Meeting All Elected Members present must vote unless a disclosure of interest requires them to leave meeting. No vote is to be in secret. s.5.21 Voting
Section 3: Meetings of Council
more than half the members present entitled to vote (provided quorum achieved) s.5.21; s.54(2)(b) Interpretation Act 1984 Simple Majority at least 50% of the number of offices (vacant or not) of member
are required to achieve absolute majority s.1.4 Absolute Majority In the event of an equality of votes, the Presiding Member is to vote a second time. A casting vote cannot be used to achieve absolute majority s.5.21(3) Casting Vote
Section 3: Meetings of Council
Section 3: Meetings of Council An important principle applying to Local Government Council meetings is one of ‘Qualified Privilege’. As opposed to Parliamentary Privilege/Absolute Privilege, a member of Council has limited defences available to them should they be the subject of a claim for damages based on alleged or actual defamatory statements made by him or her when speaking before, or on behalf of, the Council.
Absolute Privilege Qualified Privilege
Section 4: Declarations of Interest
Financial Interests Proximity Interests Impartiality Interests
Section 4: Declarations of Interest Financial Interests A person is likely to have a Financial Interest if a matter to be dealt with by the Local Government will result in a financial gain, loss, benefit or detriment for that person.
Section 4: Declarations of Interest Financial Interests A subset of Financial Interests, an Indirect Financial Interest can be established by showing that you, or a person with whom you are closely associated, has a financial relationship with a person requiring a Local Government decision.
Section 4: Declarations of Interest Financial Interests A Proximity Interest relates to an estate or interest in land, and the effect on that land due to a:
Section 4: Declarations of Interest Financial Interests An Impartiality Interest is defined in the Rules of Conduct Regulations and means an interest that could,
the impartiality of the person having the interest and includes an interest arising from kinship, friendship, or membership of an association.
Section 4: Declarations of Interest
Section 5: Impacts on Home Life
Being an Elected Member is hard work! Make sure you take the time to enjoy the fruits of your labour by attending community events.
City of Armadale – Twilight Markets
Section 5: Impacts on Home Life As a consequence, you may experience
and hobbies
(eg phone calls and emails)
sentiment or backlash
Section 5: Impacts on Home Life You can meet these challenges through commitment and effort, with resulting benefits:
community on Council
that have a major and lasting impact in your community
feeling of self-worth
“Do Elected Members get paid?”
Yes, the independent WA Salaries and Allowances Tribunal remunerates Elected Members based on the ‘band’ allocated to your Local Government. You can be remunerated on a per-meeting basis or by annual allowance. Mayors/Presidents and Deputy Mayors/Presidents receive additional remuneration in recognition of the additional roles they play. You will also be reimbursed for particular expenses associated with your role as an Elected Member.
You can find the latest information on the Salaries and Allowances tribunal website.
“Do Elected Members get paid?”
(other than the Mayor/President)
Band Minimum Maximum Minimum Maximum 1 $609 $785 $609 $1,177 2 $369 $576 $369 $772 3 $191 $406 $191 $628 4 $90 $236 $90 $485
“Do Elected Members get paid?”
(other than the Mayor/President)
Band Minimum Maximum Minimum Maximum 1 $24,360 $31,364 $24,360 $47,046 2 $14,718 $23,000 $14,718 $30,841 3 $7,612 $16,205 $7,612 $25,091 4 $3,553 $9,410 $3,553 $19,341
“Do Elected Members get paid?”
Band Minimum Maximum 1 $50,750 $88,864 2 $15,225 $62,727 3 $1,015 $36,591 4 $508 $19,864
“Must I live in a Ward to run for election to that Ward?”
No, you don’t have to live in the same Ward. You must be an elector of the district to stand for Council, regardless of whether it is a Ward election or a District election. Every Elected Member has an obligation under the Act to make decisions that are in the best interests of the people within the entire district.
For example, the Shire of Westralia has four Wards. An Elector of the District can choose to stand for election in one ward only.
“Must I be an Australian Citizen to nominate for Council?”
Answer: It is not a specific requirement of the Local Government Act that you must be an Australian citizen; neither is being a dual citizen mentioned. First and foremost, you must be over 18 years of age and an elector of the district in which you are seeking election. Some people may be disqualified from nominating due to insolvency, criminal convictions, being a current Member of Parliament, being a member of another Council.
“Is it true that Elected Members cannot contact staff directly?” Answer: Elected Members are required to follow the established communication protocols. Elected Member enquiries should be directed to the CEO and the CEO may permit Directors / Senior Managers to receive enquiries. Following this communication protocol will ensure you are not seen to inadvertently direct staff, as this is exclusively the function of the CEO.
“What if I don’t feel comfortable voting on a particular matter?” Answer: When seeking election to Council, your community will expect you to be involved in making binding decisions, unless you are excluded from doing so by the Local Government Act. Think very carefully about running for Council if you believe a matter such as an impartiality interest will result in your reluctance to debate and vote on matters.
“Can an Elected Member work for a Local Government?” Work for a Local Government? Yes, as long is it is a different Local Government to the
Contract their services to a Local Government? Also yes, but this will raise conflict of interest consequences that may prevent you from participating in meetings and voting on items related to your business interests.
No person can operate on both sides of the Local Government.
“Can an Elected Member write a letter to the Editor?” Answer: Yes, taking care not to make comment about what you think the Local Government may do in the future or being critical of any decision the Local Government has made.
“Can being a member of many local Associations cause any problems?”
Answer: Many people seeking election to office are well known within their district due to extensive community involvement. When a matter involving an Association of which you are a member is discussed at a Council meeting, you will have to declare an impartiality interest. After declaring an impartiality interest, you can participate in debate and vote on the matter involving the Association.
Section 7: Resources and Training