Presentation Friday 4 November 2016 Councillors Mayor Council - - PowerPoint PPT Presentation

Presentation – Friday 4 November 2016

• Councillors
• Mayor
• Council
• Council staff (including CEO)
• Local community
• General

• What is the role of a Councillor?
• Councillor allowances and reimbursement of expenses
• Indemnity
• Councillor Code of Conduct
• Misuse of position
• Improper direction
• Confidential information
• Conflicts of interest
• Disqualifications

The role of a Councillor is to –

• participate in decision‐making of the Council;
• to represent the local community in that decision‐making;

and

• to contribute to the strategic direction of the Council

through the development and review of key strategic documents (e.g. Council Plan).

(Cont.) In performing the role of a Councillor, a Councillor must –

• consider the diversity of interests and needs of the local

community;

• observe principles of good governance and act with

integrity;

• provide civic leadership in relation to the exercise of the

various functions and responsibilities of the Council;

• participate in the responsible allocation of the resources
• f Council through the annual budget; and
• facilitate effective communication between the Council

and the community.

A Council must reimburse a Councillor for expenses if the Councillor—

• applies in writing to the Council for reimbursement of expenses; and
• establishes in that application that the expenses were out‐of‐pocket

expenses incurred –

• reasonably;
• in good faith (bona fide); and
• during the course of the performance of duties as a Councillor.

(Refer to Councillors and Members of Council Committees Expense Entitlements & Resources Policy)

A Council must indemnify and keep indemnified each Councillor against all actions or claims (whether arising during or after the term of office or employment of that Councillor) in respect of any act or thing done or omitted to be done in good faith in the exercise or purported exercise of any function or power conferred on the Council or any Councillor by or under the Local Government Act 1989 or any other Act.

• Act with integrity
• Impartially exercise the Councillor’s responsibilities in the

interests of the local community

• Not improperly seek to confer an advantage or disadvantage
• n any person

• Avoid conflicts between their public duties as a Councillor and their

personal interests and obligations

• Act honestly and avoid statements (whether oral or in writing) or

actions that will or are likely to mislead or deceive a person

• Treat all persons with respect and have due regard to the opinions,

beliefs, rights and responsibilities of other Councillors, Council staff and other persons

• Exercise reasonable care and diligence and submit themselves to the

lawful scrutiny that is appropriate to their office

• endeavour to ensure that public resources are used prudently

and solely in the public interest

• act lawfully and in accordance with the trust placed in them as

an elected representative

• support and promote these principles by leadership and

example and act in a way that secures and preserves public confidence in the office of Councillor

Council’s legal representative will be covering the following topics pertaining to the Councillor Code of Conduct on Wednesday 16 November:

• Primary conduct principles
• General Councillor conduct principles
• Principal Conduct Officer
• Sanctions
• Misconducts/Serious Misconducts/Gross Misconducts
• Councillor code of conduct panel

Conduct that may result in misuse of position includes –

• making improper use of information acquired as a result of the position which

is held

• disclosing confidential information
• directing or improperly influencing, or seeking to direct or improperly

influence a member of Council staff

• exercising or performing, or purporting to exercise or perform, a power, duty
• r function that he or she is not authorised to exercise or perform
• utilising public funds in an improper or unauthorised manner
• failing to disclose a conflict of interest

Penalty: $90,000/5 years imprisonment/7 years disqualification

• A Councillor must not direct, or seek to direct a member of

Council staff in relation to –

• the exercise of a delegated power, or the performance of a

delegated duty or function of the Council;

• the exercise of a power or the performance of a duty or function

exercised or performed by the member as an authorised officer under the Act or any other Act;

• the exercise of a power or the performance of a duty or function

the member exercises or performs in an office or position the member holds under another Act; or

• advice provided to the Council or a special committee, including

advice in a report to the Council or special committee.

Penalty: $18,000.

Council’s legal representative will be covering the following topics pertaining to all matters pertaining to conflict of interest on Wednesday 16 November:

• Direct interest ‐ s.77B
• Indirect interests
• s.78 – by close association
• s.78A – indirect financial interest
• s.78B – conflicting duties
• s.78C – receipt of an applicable gift
• s.78D – as a consequence of becoming an interested party
• s.78E – impact on residential amenity

• Election of Mayor (s.71)
• Precedence of Mayor (s.73)
• Functions of Mayor (s.73AA)

• At a meeting of the Council that is open to the public, the

Councillors must elect a Councillor to be the Mayor of the Council (Council can resolve to elect a Mayor for a term of 2 years).

• The Mayor is to be elected after the fourth Saturday in October

but not later than 30 November in each year (or 2 years if the Council resolves to elect a Mayor for a term of 2 years).

• The Mayor of a Council takes precedence at all municipal

proceedings.

• The Mayor must take the chair at all meetings of the Council

when present.

• If there is a vacancy in the office of Mayor or the Mayor is

absent, incapable of acting or refusing to act, the Council must appoint one of the Councillors to be the acting Mayor.

• An acting Mayor may perform any function or exercise any

power conferred on the Mayor.

The functions of the Mayor of a Council include –

• providing guidance to Councillors about what is

expected of a Councillor; and

• acting as the principal spokesperson for the Council;

and

• supporting good working relations between

Councillors; and

• carrying out the civic and ceremonial duties of the
• ffice of Mayor.

• Preamble (s.1);
• Interpretation of Act (s.1A);
• What is the purpose of local government? (s.3A);
• How is a Council constituted? (s.3B);
• Objectives of a Council (s.3C);
• What is the role of a Council? (s.3D);
• What are the functions of a Council? (s.3E);
• What are the powers of Councils? (s.3F);
• The Council (s.5)

• Types of meetings (s.83)
• Special meetings (s.84)
• Special committees (s.86)
• Meetings to be open to the public (s.89)
• Voting (s.90)
• Conduct of meetings (s.91)
• Minutes of meetings (s.93)
• Delegation (s.98)

Local government is a distinct and essential tier of government consisting of democratically elected Councils having the functions and powers that the Parliament considers are necessary to ensure the peace, order and good government of each municipal district.

It is the role of Councils in exercising those functions and powers to work in partnership with the Governments of Victoria and Australia.

It is necessary to ensure that the Councillors who comprise each Council are democratically elected by persons entitled to vote at municipal elections and that the Council is responsible and accountable to the local community.

It is the role of the Council to provide governance and leadership for the local community through advocacy, decision making and action.

It is essential that there is a legislative framework that provides for Councils to be accountable to their local communities in the performance of functions and the exercise of powers and the use

• f resources.

The purpose of local government is to provide a system under which Councils perform the functions and exercise the powers conferred by or under this Act and any other Act for the peace,

• rder and good government of their municipal districts.

A Council consists of its Councillors who are democratically elected in accordance with this Act.

(1) The primary objective of a Council is to endeavour to achieve the best

• utcomes for the local community having regard to the long term and

cumulative effects of decisions. (2) In seeking to achieve its primary objective, a Council must have regard to the following facilitating objectives — (a) to promote the social, economic and environmental viability and sustainability of the municipal district; (b) to ensure that resources are used efficiently and effectively and services are provided in accordance with the Best Value Principles to best meet the needs of the local community;

(c) to improve the overall quality of life of people in the local community; (d) to promote appropriate business and employment opportunities; (e) to ensure that services and facilities provided by the Council are accessible and equitable; (f) to ensure the equitable imposition of rates and charges; and (g) to ensure transparency and accountability in Council decision making.

(1) A Council is elected to provide leadership for the good governance of the municipal district and the local community. (2) The role of a Council includes— (a) acting as a representative government by taking into account the diverse needs

• f the local community in decision making;

(b) providing leadership by establishing strategic objectives and monitoring their achievement; (c) maintaining the viability of the Council by ensuring that resources are managed in a responsible and accountable manner; (d) Advocating the interests of the local community to other communities and governments. (e) Acting as a responsible partner in government by taking into account the needs

• f other communities; and

(f) Fostering community cohesion and encouraging active participation in civic life

(1) The functions of a Council include— (a) advocating and promoting proposals which are in the best interests of the local community; (b) planning for and providing services and facilities for the local community; (c) providing and maintaining community infrastructure in the municipal district; (d) undertaking strategic and land use planning for the municipal district; (e) Raising revenue to enable the Council to perform its functions; (f) Making and enforcing local laws; (g) Exercising, performing and discharging the duties, functions and powers of Councils under this act; and

(h) any other function relating to the peace, order and good government of the municipal district. (2) For the purpose of achieving its objectives, a Council may perform its functions inside and outside its municipal district.

(1) Subject to any limitations or restrictions imposed by or under this Act or any other Act, a Council has the power to do all things necessary or convenient to be done in connection with the achievement of its objectives and the performance of its functions. (2) The generality of this section is not limited by the conferring of specific powers by or under this or any other Act.

• Ordinary meetings
• Special meetings

General business transacted as per agenda

• Officer reports – objective, professional and expert
• Notices of motion
• Urgent business
• Other business

• Business specified in notice/resolution calling meeting to be

transacted

• Mayor/3Crs/Council may call
• Date, time and business to be specified
• No other business unless all Councillors are present and

unanimously agree

• Councils may establish both S86 Special Committee and

Advisory Committees

• S86 Committees have some delegated powers (as determined

by the Council) however Advisory Committees do not

• Committees may comprise
• Councillors;
• Council staff;
• other persons

• Requirement to keep open – transparency
• Closure discretionary if grounds available
• Sect 89 (2) sets out the reasons for closing a meeting to the

public

• Reason for closure to be recorded in minutes

• One vote entitlement
• Voting no longer compulsory (but our local law says not voting is a

vote in the negative)

• Show of hands
• No secret voting at open meetings
• Majority of Crs present voting in the affirmative is required to

make decision

• Second (casting) vote of Chairperson if affirmative votes are half

the number of Councillors present

• Local law required to govern conduct at meetings of Council and

special committees

• Subject to LGA and LL, conduct is in the Council’s/committee’s

discretion

• Quorum – majority of members
• Resolutions must clearly state the intention and effect

• Mandatory
• Confirmation at next appropriate meeting
• Details of proceedings and resolutions
• Clearly expressed
• Self‐explanatory
• Reports in the meeting Agenda form part of the Minutes
• Available for public inspection

• The Chief Executive Officer (section 94)
• Functions of the Chief Executive Officer (section 94A)
• Conduct principles (section 95)
• Code of conduct for Council staff (section 95AA)

• Functions –
• Organisational structure
• Council decision implementation
• Management of Council’s operations (as per Council

plan)

• Code of conduct for Council staff
• Advice to Council (reports)
• The CEO is responsible for all staff issues

• The functions of the CEO have been expanded to include:
• Supporting the Mayor in the performance of the Mayor’s role
• Managing interactions between Council staff and Councillors by

ensuring that appropriate policies, practices and protocols are in place defining appropriate arrangements for interactions between Council staff and Councillors

• Conduct principles (s.95) ‐
• Act impartially
• Act with integrity
• Avoid conflicts of interest
• Be accountable for results
• Provide responsive service
• Staff Code of Conduct

• Council may delegate most of its functions, duties or powers to

a –

• special committee (s.86); or
• member of Council staff (s.98)
• The CEO may delegate any power, duty or function of the

CEO’s office to a staff member using an Instrument of Delegation ‐ s.98(2) & s.98(3)