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Policy for the Payment of Expenses & Provision of Facilities to the Mayor & Councillors

Sutherland Shire Council

Council Online - IM/Policies - Policies and Forms - IM/Policy Payment Expenses and Provision of Facilities to Mayor Councillors

Document review and approval

This document has been approved byName Minute No Date approved

1 Finance, Resources & Management Committee – FIN018-94 78 31 January, 1994

2 Finance, Resources & Management Committee – FIN107-94 650 27 June, 1994

3 Finance, Resources & Management Committee – FIN116-95 & FIN119-95

949 & 952 20 February, 1995

4 Council – CCL034-96 482 23 October, 1995

5 Finance, Resources & Management Committee – FIN181-96 1 July, 1996

6 Council – CCL007-98 145 4 August, 1997

7 Council – CCL017-00 194 23 August, 1999

8 Finance, Resources & Management Committee – FIN129-00 566 20 December, 1999

9 Finance, Resources & Management Committee – FIN021-01 125 31 July, 2000

10 Finance, Resources & Management Committee – FIN092-01 466 23 October, 2000


12 Finance, Resources & Management Committee – FIN248-04 970 24 May, 2004

13 Finance, Resources & Management Committee – FIN166-05 812 28 February, 2005

14 Finance, Resources & Management Committee – FIN223-06 1092 26 June, 2006

15 Council – CCL017-07 586 11 December, 2006


17 Finance, Resources & Management Committee – FIN175-09 722 11 May, 2009

18 Finance, Resources & Management Committee – FIN078-10 355 23 November, 2009

19 Finance, Resources & Management Committee – FIN100-11 462 31 January, 2011

20 Finance & Management Committee – FIN093-13 572 11 February, 2013

21 Finance & Management Committee – FIN029-14 170 26 August, 2013

22 Finance & Management Committee – BDS047-14 16 December, 2013


Revision historyVersion Author Date Revision

1 Manager Administration 31 January, 1994 Original Version

2 Manager Administration 27 June, 1994 Provision of Computer Facilities.

3 Manager Administration 20 February, 1995 Policy updated to in relation to attendance at functions and legal assistance to councillors

4 Manager Administration 23 October, 1995 Purchase of Equipment by councillors not seeking re-election or who have not returned goods

5 Manager Administration 1 July, 1996 Telephone/Facsimile and Mobile Telephones, Conference / Seminar Attendance, Postage and Child Care

6 Manager Administration 4 August, 1997 Amended legal assistance to councillors

7 Manager Administration 23 August, 1999 Amended Telephone, Child Care and Postage

8 Manager Administration 20 December, 1999

Provision of Shredder Whiteboard. Increase in Telephone Payment Due to Internet Access

9 Manager Administration 31 July, 2000 Reimbursement for hiring of a Public Mail Box. Provision of 500 Business sized envelopes per annum

10 Manager Administration 23 October, 2000 Business telephone/facsimile and mobile telephone be provided to each councillor. All paper and printer cartridges are to be provided by Council.

That all call charges (excluding line rental and account fees) be met by each councillor, and the Council provide an amount of up to $300 per month towards such costs with an additional $20 per month for those councillors with internet access. $350 per month for the Mayor

11 Manager Administration 2 July, 2001 Transport, accommodation, sustenance, conference fees expenses limited to 10 conference nights annually

12 Manager Administration 24 May, 2004 Conference entitlements reduced to 4 conference nights annually except for LGSA and ALGA

13 Manager Administration 28 February, 2005 Child care to be reimbursed at rate of $12.50 per hour

14 Manager Administration 26 June, 2006 Taxi expenses of councillor is precluded from driving

15 Manager Administration 11 December, 2006

Travel claims to be submitted within 4 months of expense

16 Manager Administration 23 July, 2007 Minor Administrative Changes

17 Manager Administration 11 May, 2009 Layout of the policy amended. Increase payment for child care and care of elderly, disabled and/or sick immediate family members. Limitations on the quantity of stationery. Introduction of broadband internet access via wireless network or equivalent.

18 Manager Administration 23 November, 2009

Various minor amendments to ensure compliance with DLG Circular No.09-36 and allowance for the policy to apply to an Administrator if appointed

19 Manager Administration 31 January, 2011 Option of councillors being provided an iPhone, subject to the cost of the phone being met by the Councillor. Limit of $10 per month contribution by Council towards Data usage costs of any advanced mobile phones issued to Councillors. Also Council will contribute $20 per month toward a councillors personal broadband connection costs should a councillor not be supplied a council computer. -

20 Governance Manager 6 February, 2012 Additional wording on limitations to clerical/typing assistance. Clarification of provision of mobile phone accessories. Option for Council to provide a tablet device instead of a Laptop. Option of Councillors being provided an iPad for personal use, subject to the cost of the device being met by the Councillor. Clarification of arrangements if Mayor elects not to use Mayoral Vehicle.

21 Governance Manager 29 October, 2012 Yearly review in accordance with DLG Guidelines. Amended as follows:-Internet Access) Limitation added that Broadband access via a wireless card will only be provided to Councillors issued with a Council Laptop.-Entitlement reduced from 2 Filing Cabinets to 1 Four Drawer Filing Cabinet per Councillor-Removal of the provision of a Dictaphone to Councillors

-Removal of the provision of a whiteboard to Councillors.-Internet Charges) Increase the 'Data Plan' allowance to $15-- (Travelling Expenses) Insert the following wording after the second paragraph; 'Council business does not include attending caucus meetings or


party political meetings or functions'.

22 Governance Manager 25 July, 2013 Yearly review in accordance with DLG Guidelines. Amended as follows:- Section 8.17 Legal Assistance for Councillors updated to reflect changes in the Legal Assistance Policy recently adopted by Council (see FIN130-13)

23 Governance Manager 9 September, 2013 Policy updated to include the meeting fee of $600.00 for attendance to meetings of the Joint Regional Planning Panel by nominated Councillor representatives. Added as Clause 8.18

24 Governance Manager 11 November, 2013 Yearly review in accordance with DLG Guidelines. Amended as follows:- Section 8.17 Legal Assistance for Councillors updated to reflect changes in the Legal Assistance Policy recently adopted by Council (see FIN130-13)

Clause 8.3 amended to remove a fixed level of remuneration for the Deputy Mayor payable from the Mayoral Allowance, must be done by resolution each year

25 Governance Manager Removed clause prohibiting payment to councillor reps for attending JRPP briefings. Reps will receive $150 per hour max $600 per hour for attending briefings.

INDEX

PART 1 - PRELIMINARY

1. Introduction ............................................................................................................ 62. Purpose of the Policy.............................................................................................. 63. Objectives and coverage of the Policy................................................................... 64. Reporting Requirements ........................................................................................ 65. Legislative Provisions ............................................................................................ 66. Other Government Policy Provisions ..................................................................... 77. Other Sutherland Shire Council Policies Relevant to this Policy............................ 7

PART 2 - PAYMENT OF EXPENSES

8. Councillors ............................................................................................................. 88.1 Councillors Role .................................................................................. 88.2 Provision of Support ............................................................................ 88.3 Provision of Support to the Mayor and Deputy Mayor.......................... 98.4 Councillors’ Suite.................................................................................. 98.5 Clerical/Typing Assistance................................................................... 98.6 Provision of Facilities............................................................................ 98.6.1 Computer Facilities............................................................................... 98.6.2 Internet Access.................................................................................... 108.6.3 Telephone, Facsimile, Mobile Phone................................................... 108.6.4 Filing Cabinet....................................................................................... 108.6.5 Shedder................................................................................................ 108.7 Telephone Call Charges and Internet Access...................................... 108.8 Postage................................................................................................ 118.9 Stationery............................................................................................. 118.10 Other items to be provided as necessary............................................. 118.11 Child care and care of elderly, disabled and/or sick immediate


family members......................................................................................... 118.12 Transport.............................................................................................. 128.12.1 Transport - Mayor................................................................................. 128.13 Travelling Expenses............................................................................. 12 8.13.1 Councillor Interstate and Overseas Travel........................................... 138.13.1.1 Interstate Travel................................................................................... 138.13.1.2 Overseas Travel.....................................................................................138.14 Conference/Seminar Attendance...........................................................148.15 Functions ...............................................................................................148.15.1 Councillors .............................................................................................148.15.2 Accompanying Persons..........................................................................158.15.3 General Expense Allowance..................................................................158.15.4 Advanced Expenses Payment...............................................................158.16 Insurance...............................................................................................158.17 Legal Assistance for Councillors..........................................................16

PART 3 - ADMINISTRATION

9. Related and Associated Council Policy and Procedures........................................17 10. Responsible Officer................................................................................................1711. Review Date...........................................................................................................1712. Record Keeping, Confidentiality and Privacy.........................................................18

12.1 Councillors ...........................................................................................1812.2 Staff......................................................................................................1812.3 Public...................................................................................................18

13. Breaches and Sanctions.........................................................................................1814. Dispute Resolution.................................................................................................18


PART 1 – PRELIMINARY

1. Introduction

In accordance with the provisions of Section 252 of the Local Government Act, 1993 (LGA) the Council is required to adopt a policy concerning the payment of expenses incurred by and the provision of facilities to the Mayor, Deputy Mayor and councillors in relation to their roles in discharging the functions of Civic Office.

2. Purpose of the Policy

The purpose of the policy is to ensure that there is accountability and transparency in the reimbursement of expenses incurred or to be incurred by councillors or administrators. The policy also ensures that the facilities provided to assist councillors to carry out their civic duties are reasonable.

3. Objectives and coverage of the Policy

a) In recognition that the Mayor has been designated by Council to fulfill the functions of the Chief Executive Officer, to provide the Mayor with additional support to enable the Mayor to met the obligations of that important office.

b) To provide a range and level of support to reimburse expenses and provide facilities to councillors to assist in discharging the functions of civic office.

c) To assist councillors to represent the interests of the residents and ratepayers of Sutherland Shire, provide leadership and guidance to the community and to facilitate communication between the community and Council.

d) To provide a level of support which will serve to encourage people to seek election to civic office.

e) To provide payments to be made to councillors so as to reimburse councillors for reasonable costs or charges incurred, or to be incurred, for discharging their civic functions.

f) Expense payments are separate and additional to annual fees and may not be used to support attendance by councillors at political fund-raising functions.

4. Reporting Requirements

Section 428(2)(f) of the Local Government Act 1993 requires Councils toinclude in their annual report:-

(f) the total amount of money expended during the year on mayoral fees and Councillor fees, the Council’s policy on the provision of facilities for use by councillors and the payment of councillors’ expenses, together with a statement of the total amount of money expended during that year on the provision of such facilities and the payment of such expenses.

And additional information as required by the Local Government (General) Regulation 2005.

5. Legislative Provisions

Local Government Act 1993 specifically but not limited to Sections 252, 253 and 254

Policy - Payment of Expenses & Provision of Facilities to the Mayor and Councillors

Local Government Regulation 2005

6. Other Government Policy Provisions

DLG Guidelines for payment of expenses and provision of facilities (October 2009)

DLG Circulars to Councils (Specifically but not limited to): - 09-36 Revised Guidelines for payment of expenses and provision of facilities

- 06-57 Guidelines for payment of expenses and provision of facilities

- 05/08 Legal Assistance for Councillors and Council employees

- 04/41 Draft Model Code of Conduct

- 02/34 Unauthorised Use of Council resources

NSW Ombudsman:- Good Conduct and Administrative Practice (Guidelines for State and Local Government) June

2006

7. Other Sutherland Shire Council Policies Relevant to this Policy

- Code of Conduct (Councillors Gifts and Benefits)

- Conferences and Travel

- Interstate and Overseas Travel

- Use of Council Resources for Private Purposes


PART 2 – PAYMENT OF EXPENSES

General Provisions

8. COUNCILLORS

8.1 Councillor’s Role

The role of a Councillor:

As a member of the governing body (Council) is:

- to direct and control the affairs of the Council in accordance with the Act;

- to participate in the optimum allocation of the Council's resources for the benefit of the area;

- to play a key role in the creation & review of the Council's policies and objectives and criteria relating to the exercise of the Council's regulatory functions;

- to review the performance of the Council and its delivery of services, and the management plans and revenue policies of the Council.

As an elected person:

- to represent the interests of the residents and ratepayers;

- to provide leadership and guidance to the community;

- to facilitate communication between the community and the Council.

The role of the Deputy Mayor is:

- to exercise any function of the mayor at the request of the Mayor or if the Mayor is prevented by illness, absence or otherwise from exercising the function or if there is a casual vacancy in the office of Mayor.

The role of the Mayor is:

- to exercise, in the case of necessity, the policy making functions of the governing body of the Council between meetings of the Council;

- to exercise such other functions of the Council as the Council determines;

- to preside at meetings of the Council;

- to carry out the civic & ceremonial functions of the mayoral office.

8.2 Provision of Support

The following support equipment, facilities and services are not provided for private benefit and must not be used to produce election material or for any other political purposes. However, it is acknowledged that incidental use of Council equipment and facilities may occur from time to time. Where more substantial private use has occurred, a payment must be made to cover the level of that


private use. Councillors should not generally obtain private benefit from the provision of equipment and facilities.

8.3 Provision of Support to the Mayor and Deputy Mayor

The level of support provided to the Mayor is the same as provided to councillors, however in recognising the size (in terms of population and area) complexity and the nature of the Sutherland Shire and responsibilities, the Mayor will be provided with an official vehicle of suitable status (befitting the Office of the Mayor and responsibilities of that office). See section 8.12.1 for further information.

The level of support provided to the Deputy Mayor is the same as provided to councillors however when the Deputy Mayor acts in the office of Mayor the support provided to the Mayor shall apply.

8.4 Councillors' Suite

A room will be provided in the Administration Centre to assist councillors in dealing with resident and ratepayer matters and Council business generally. The room will be equipped with telephone, photocopier and other office and electronic equipment which may be required from time to time.

8.4.1 Mayors' Suite

In fitting with the Office of the Mayor, the Mayor will be provided a fully equipped suite to assist them in the performance of their functions.

8.5 Clerical/Typing Assistance

Clerical/typing assistance will be provided to councillors with regards to correspondence from constituents by, in the first instance, the provision of an acknowledgment letter advising that the constituents’ correspondence has been received and that a reply will be forthcoming. Once a detailed response has been drafted this correspondence will be forwarded to both the constituent and councillor.

No other clerical / typing assistance will be provided to councillors unless it relates to a councillor’s civic duties, i.e. invitations to events etc

8.6 Provision of Facilities

8.6.1 Computer Facilities

Councillors will be provided a suitable computer, or tablet device, and other appropriate ancillary devices, this equipment will be installed by the Council. Councillors will receive appropriate training in the use of computers and ancillary devices provided under this policy. The computer or tablet device can only be used by councillors for Council related purposes, and only applications and software relevant to the business of Council will be loaded on to the device.

If a councillor wishes to utilize a tablet device, such as an iPad, for personal use as well as Council use, the tablet device may be purchased by Council on behalf of a Councillor. The cost of the tablet device can be deducted from the councillors allowance and repaid to Council over six(6) consecutive months. The tablet device will remain the property of the councillor.

The Mayor or the General Manager are authorised to approve the purchase of technical equipment in line with the adopted policy.


8.6.2 Internet Access

Broadband internet access will be provided to councillors via a wireless network card or equivalent, if issued with a Council Laptop.

Council will contribute a set amount per month toward a councillor’s personal broadband connection costs should a councillor not have a council supplied computer. Refer to 8.7.

Councillors at all times will adhere to the Sutherland Shire Council Computer Resource Usage Policy and Mobile Devices Policy.

8.6.3 Telephone, Facsimile, Mobile Phone

A business telephone/facsimile line, and message bank service will be provided to councillors upon request. If a message bank service is unavailable an answering machine may be provided. A council standard mobile telephone, and appropriate basic accessories , such as hands free and car kits, will be provided to councillors. Councillors will be provided with suitable basic accessories, however if the councillor wishes to be provided with a more advanced accessory it may be purchased by Council on behalf of a Councillor. The cost of the accessory can be deducted from the councillors allowance and repaid to Council over six(6) consecutive months.

A more advanced model mobile telephone may be purchased by council on behalf of a councillor. The cost of the “non standard” mobile telephone can be deducted from the councillor’s allowance and repaid to council over six (6) consecutive months. The telephone will remain the property of the councillor. The telephone number however will be returned to council.

For those councillors who purchase a more advanced model mobile telephone, council will pay a set amount per month toward the ‘Data Plan’. Refer to 8.7.

8.6.4 Filing Cabinet

One (1) four drawer filing cabinet will be provided to Councillors if required.

8.6.5 Shredder

A shredder will be provided if required.

All equipment provided to councillors shall remain the property of the Council and is to be returned on completion of the term of office, however councillors not seeking re-election, or not re-elected, may make a request to purchase such property. The General Manager shall consider each request and an appropriate selling price.

8.7 Telephone Call Charges and Internet Charges

All call charges associated with the telephone landline, facsimile and mobile phone call charges (excluding line rental and account fees) are to be met by each councillor. The Council will provide an amount of up to $300 per month per Councillor and $350 per month for the Mayor towards such costs. Policy - Payment of Expenses & Provision of Facilities to the Mayor and Councillors

For those councillors who purchase a more advanced model mobile telephone, council will pay a set amount of $15.00 per month toward the ‘Data Plan’. Any data used beyond the plan limit, will be paid for by the councilor. Any increases in the Data Plan costs will be payable by the councillor.

Council will contribute $20 per month toward a councillor’s personal broadband connection costs should a councillor choose not to have a council supplied computer.

Councillors must complete a telephone, facsimile, mobile phone declaration claim form for each billing period in relation to call charges associated with official calls.

Council is not responsible for the cost of calls which provide private or political benefit to a councillor.

All costs associated with the provision of any additional telephone lines are to be met by that councillor. A councillor not seeking re-election or not returned is required to reimburse Council for any additional costs for the removal of the additional service if the line is no longer required.

8.8 Postage

Councillors will be reimbursed for postage costs up to an amount equivalent to 400 stamps per year, upon the provision of receipts and a postage declaration claim form within 3 months of the end of each financial year (in bulk) or incrementally during the financial year.

Councillors will be reimbursed for the costs associated with the hiring of a Public Mail Box used by a councillor for Council correspondence upon the provision of receipts within 3 months of the end of each financial year (in bulk) or incrementally during the financial year.

8.9 Stationery

The following stationery items will be provided if requested by a councillor (per councillor year):

- Up to 500 Business sized envelopes;

- Up to Four boxes of business cards, on a non cumulative basis;

- Up to four reams of Council letterhead, non cumulative basis;

- Paper and printer cartridges for the Council facsimile machine/printer.

8.10 Other items to be provided as necessary

The following items may be provided as required:

- Council badges, ties and scarves, diaries and a briefcase;

- Corporate clothing and protective clothing and equipment where deemed appropriate and approved by the General Manager.

8.11 Child care and care of elderly, disabled and/or sick immediate family members


Councillors will be reimbursed fees for the supervision of their children or immediate family members who are elderly, disabled and/or sick in order to allow councillors to attend to their responsibilities and duties as a Councillor.

The rate of reimbursement for care will be to a maximum of $15.00 per hour or as varied by Council from time to time, payable on the provision of receipts or a declaration by a Councillor for such payments, within 3 months of the period being claimed.

8.12 Transport

Councillors representing the Council on authorised business, meetings and functions approved by the Mayor where the councillor will represent the Council and/or the Mayor will be reimbursed for transport costs. A councillor on Council business will be personally responsible for all traffic or parking fines incurred.

8.12.1 Transport - Mayor

The Mayor will be provided with an official vehicle which will be available for the Mayor to utilise in the following circumstances:

- when the Mayor is required to undertake official Council business inspections, functions or other gatherings;

- when the Mayor represents Council at meetings, functions, conferences or other gathering within or outside the Shire;

- when the Mayor attends meetings of organisations and community groups addressing any

matter of interest to the Council or the residents of the Shire, within or outside the Shire;

- when for reasons of practicality, security and ease of accessibility and communication it is necessary for the Mayor to use and keep the vehicle under his/her custody;

- when use of the vehicle for other purposes does not constitute a breach of the Local Government Act, 1993.

For official and other Council related business occasions a council car and driver may be made available. That where the support by a council staff driver is required for official functions a council supplied vehicle be provided.

The vehicle will be fully maintained by the Council and fuelled in accordance with Council’s policy. The vehicle may not be used by the Mayor in connection with personal, recreation or vacations.

In exceptional or emergency circumstances, the Mayor may authorise a person, other than a Council employee, to drive the vehicle.

If the Mayor elects not to take up the provision of a mayoral vehicle in accordance with this clause and wishes to use their own vehicle for official council business the Mayor is to be reimbursed in the same manner as all other councillors as detailed in clause 9.13 of this policy.


8.13 Travelling Expenses

Councillors will be reimbursed travelling expenses for the use of a private motor vehicle on Council business at a rate per kilometre as provided for Local Government Salaried Officers, as varied from time to time. A signed monthly travel claim form must be lodged within 4 months of the expenses being incurred.

Council Business includes approved Council, Committee, Sub-Committee and Working Party meetings, plus authorised site inspections and other authorised business. Council business does not include caucus or political party meetings or functions.

In the event that a councillor is unable to drive, or precluded from driving a private vehicle, and is therefore having difficulty attending Council meetings and/or site inspections due to no alternative private transport means, the councillor will be reimbursed all reasonable taxi charges upon the provision of a receipt and the usual declaration by a councillor as to expenses paid.

Travelling to functions, meetings or conferences outside the metropolitan area will be reimbursed on the basis of mileage (most direct route) or airfare, whichever is the lesser.

8.13.1 Councillor Interstate and Overseas Travel

All associated plans for any such travel should be transparent to the community and have an identifiable benefit to the local Council area.

Where councillors are required to travel interstate or overseas to represent the interests of the residents of Sutherland Shire Council funds will be provided by the Council.

The provision of transport, accommodation, sustenance, conference fees and reasonable out of pocket expenses for Councillors travelling interstate and overseas on behalf of Council will be subject to the clauses listed under the heading of 8.16 Expenses- Functions.

If the travel costs are to be sponsored external to Council, the Code of Conduct and ICAC guidelines and reporting structures shall be followed:

8.13.1.1 Interstate Travel

In most cases the need for such travel cannot be anticipated with a long lead time. For example there are instances where councillors are required to visit Canberra for official purposes such as meetings with Federal Parliamentarians and Ministers. For purposes of this policy the A.C.T. is regarded as being within N.S.W.

Where councillors propose to travel interstate, the proposals should be considered at an open Council meeting through a report from the Mayor or General Manager, unless Council, at an open Council meeting has delegated authority to the Mayor or General Manager to authorise such travel, or an authorised Council delegate is required to travel interstate to meet the obligations as a representative of the Council.

The report should provide:

- estimated costs

- who may take part in the travel


- the objectives of the travel

8.13.1.2 Overseas Travel

Where councillors seek to travel overseas, the proposal shall be considered at an open Council meeting through a report from the Mayor or General Manager. The report to Council shall include:

- estimated costs- who may take part in the travel- the objectives of the travel

8.14 Conference/Seminar Attendance

Provision is made for the cost of transport, accommodation, sustenance, conference fees and reasonable out of pocket expenses, limited to four (4) conference/seminar nights, plus attendance at the NSW and Australian Local Government Conferences annually per councillor as approved by either Council or the Mayor and the General Manager, with any additional nights appropriate to Committee requirements being at the approval of the Mayor and the General Manager.

The Mayor is entitled to attend a total 16 conference/seminar nights consisting of:

Local Government NSW (LGNSW) Conference 3 nightsALGA Conference 3 nightsMayoral Conferences 3 nightsOther 7 nights

Following attendance by councillors, a Conference Attendance Report is to be completed. The report is to be not less than 100 words and shall:

- identify the benefits to Council and the community in attending;

- provide an assessment of the event;

- indicate what was gained;

- suggest how the knowledge gained could be applied;

- state whether others should attend the course/conference in the future.

Councillors are required to lodge conference reports for all conferences they attend, excluding Local Government NSW and Australian Local Government Association Conferences. Conference Attendance Reports from councillors shall be included in a quarterly report to Council. Reports shall be submitted to the Manager, Corporate Development within 14 days of the event.

Each quarter the General Manager shall report to the Council:

- on all expenses incurred for travel and conferences;

- on all Conference Attendance Reports received from councillors, the General Manager and Directors.


Travel expenses will only include trips associated with courses, conferences and seminars and site inspections, meetings and the like, outside the metropolitan area.

8.15 Functions / Training

8.15.1 Councillors

Expenses incurred by councillors when representing Council on authorised business including training, meetings, functions, charity activities approved by Council, the Mayor or the General Manager will be met by Council.

Authorised expenses incurred by a councillor will be reimbursed upon presentation of receipts and a claim form. Council must receive the claim form and receipts within 3 months of the councillor incurring the expense. Incidental expenses are capped up to a combined maximum of $100 per day, per councillor. Conference/seminar registration, associated meals and transport, are not included in incidental expenses.

8.15.2 Accompanying Person

Where it is necessary that a councillor's spouse, partner or other accompanying person, is required to escort a councillor representing the Council on authorised business including conferences, seminars, training, meetings, functions, charity activities, when approved by Council, the Mayor or the General Manager, expenses will be met by Council. These expenses are limited to the ticket, transport, meal and/or other direct cost of attending the function.

Costs to be met will include cost of registration and official conference dinners for attendance at the Local Government NSW and Australian Local Government Association Conferences when accompanying the Councillor.

8.15.3 General Expense Allowance

Councillors will not be paid general expense allowances. A general expense allowance is defined as a sum of money paid to a councillor to expend on an item or service that is not required and or otherwise reconcilable.

8.15.4 Advanced Expenses Payment

Upon request, councillors will be provided an advance expenses payment in anticipation of expenses to be incurred in attending conferences, seminars, training and general Council business. Councillors may also request an advance payment for the cost of any other service or facility covered by the Policy. The amount provided will be a reasonable figure appropriate to the circumstances and acceptable to the General Manager or his/her nominee. However, councillors must provide and reconcile all expense receipts against the cost of the advance, within 2 months of the Councillor's return.

8.16 Insurance

Councillors are to receive the benefit of insurance cover for:

Scheduled BenefitsScheduled benefits where personal injury occurs whilst on Council business Australia wide and worldwide by agreement in advance with the Insurer on each occasion an overseas trip is undertaken. 'Personal Injury' is defined as 'bodily injury caused by accidental, violent, external and Policy - Payment of Expenses & Provision of Facilities to the Mayor and Councillors

visible means'.

Benefits payable are up to a maximum of $500,000 (for death or permanent total disablement). The Policy also provides scheduled benefits for temporary total disablement and temporary partial disablement arising from personal injury as defined. In addition, limited cover is provided for dental and miscellaneous expenses; however Medicare legislation does not permit private insurance for out-of-pocket medical expenses incurred in Australia, other than the restricted cover which an individual may take through a registered health fund. The policy may, however, be extended to provide cover for medical expenses incurred overseas due to an accident occurring outside of Australia whilst on Council business, subject to agreement of the Insurer prior to a Councillor departing from Australia.

Professional Indemnity For matters arising out of Councillors' performance of civic duties or exercise of their functions as councillors provided the performance or exercise of the relevant civic duty or function is in the opinion of Council bona fide and/or proper, BUT subject to any limitations or conditions set out in the policy of insurance which is taken out at the direction of Council. Public Liability For matters arising out of councillors' performance of civic duties or exercise of their functions as councilors, BUT subject to any limitations or conditions set out in the policy of insurance which is taken out at the direction of Council.

8.17 Legal Assistance for Councillors“In the event of:

(i) any inquiry, investigation or hearing by any of:• The Independent Commission against Corruption• Ombudsman of New South Wales• The Office of Local Government • Information and Privacy Commission of New South Wales• NSW or Federal Police• Office of the Director of Public Prosecutions• The Local Government Pecuniary Interests Tribunal• State Coroners Court

• NSW Civil and Administrative Tribunal, including but not limited to Privacy and GIPA Act matters

• A Committee of State or Federal Parliament• A Royal Commission• Pecuniary Interest Tribunal

• Conduct Committee, including any investigation prior to consideration by or as a result of decisions of the Conduct Committee

• Such other bodies that may be established under the statute or by royal warrant to investigate the conduct of the Council, a Councillor or staff member.

(ii) Legal Proceedings taken against a Councillor, a former Councillor or employee, arising out of or in connection with the Councillor's or an employee's performance or the exercise of his or her statutory duties or functions as a Councillor or that of an employee.

Council shall, subject to Council resolution, reimburse a Councillor/employee after the conclusion of the inquiry, investigation, hearing or proceedings for part or all legal expenses properly and reasonably incurred given the nature of the inquiry, investigation, hearing or proceeding on a solicitor/client basis, provided that:


a) The amount of the reimbursement shall be reduced by the amount of any monies that may be or are recouped by the Councillor/employee on any basis;

b) The Councillor’s/employee’s performance or exercise of the statutory function or power was bonafide;

c) The amount of such reimbursement will be limited to an amount considered reasonable by the Council but not to include expenses incurred beyond the level of representation agreed by the Mayor, a Councillor appointed by the Council and the General Manager under d) as being appropriate;

d) Upon becoming aware that a Councillor/employee may be required to attend any inquiry, investigation or hearing as set out in (a) that Councillor/employee must give immediate notice to the General Manager and must advise the Mayor, a Councillor appointed by the Council and the General Manager of the level of representation intended and the details of the cost agreement entered into with legal representatives.”

8.18 Attendance at Joint Regional Planning Panel MeetingsCouncillors appointed as council representatives on the Joint Regional Planning Panel are paid a $600.00 meeting attendance fee.

Councillors appointed as council representatives on the Joint Regional Planning Panel receive an allowance of $150 per hour, minimum one hour up to a maximum of $600 for attending briefings of the Joint Regional Planning Panel. The allowance includes travel and briefings on multiple applications.


PART 3 - ADMINISTRATION

9. Related and Associated Council Policy and Procedures

- Code of Conduct for Councillors, Staff and Delegates of Council

- Councillors Access to Information and their interaction with staff

- Policy for Interstate and Overseas Travel (All the provisions for Councillors have been repeated in the Policy “Payment of Expenses and the provision of facilities for Councillors”.)

- Legal Assistance to Councillors and Staff (All the provisions for Councillors have been repeated in the Policy “Payment of Expenses and the provision of facilities for Councillors”.)

- Policy for using Council resources for private purposes

10. Responsible Officer

The Manager – Administration and the Governance Manager are responsible for approving and reimbursement of expenses and, the provision of facilities to the Mayor and Councillors. These responsibilities specifically include:

- Maintaining records/ register

- Reporting

- Keeping the policy current

- Implementing communications, education and monitoring strategies.

The Manager - Corporate Development to provide quarterly reports to Council on councillor attendance at Conferences

11. Review Date

The Council may from time to time amend the level of support, amount to be paid, or conditions applicable to the items under this policy or under subsequent policies adopted in accordance with Sections 252 and 253 of the Local Government Act. Such amendment must occur at a meeting of the Council.

In addition Council must comply with Section 253 (5) LGA and “adopt a policy each year in accordance with section 252 (1) LGA even if the Council proposes to adopt a policy that is the same as its existing policy”.

This must be completed “within 5 months after the end of each year, a Council must adopt a policy concerning the payment of expenses incurred or to be incurred by, and the provision of facilities to, the mayor, the deputy mayor (if there is one) and the other Councillors in relation to discharging the functions of civic office.”

For the purposes of this policy a year will be based on a financial year.


12. Record Keeping, Confidentiality and Privacy

12.1Councillors

Councillors are responsible for keeping individual records and submitting information to Council officers for processing.

12.2 Staff

Staff are responsible for keeping of records of councillor expenses and facilities information in accordance with direction from the Records and Archives Manager. Retention and destruction of such records will occur as required by the Local Government Records and Archives Disposal Schedule.

12.3 Public

Access by the public - all requests for access to councillor expenses and facilities records will only be considered following a Government Information (Public Access) Act Application.

13. Breaches and Sanctions

Inappropriate claiming of expenses or misuse of facilities by councillors is a breach of this policy and must be reported to the General Manager.

14. Dispute Resolution

Should a councillor dispute the under payment or non-payment of an expenses claim, or the provision of facilities, then the councillor must:

Submit in writing the details of their expenses claim, or request for facilities, to the General Manager.

The General Manager will investigate the claim or request, and inform the councillor of the decision in writing within seven (7) working days of the claim or request being received, by the General Manager.

Should the councillor not accept the General Manager’s decision, then the General Manager must provide a report to Council with the reasons for the determination to deny payment or the provision of facilities. Council will then make a formal resolution on the matter.


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