presented by:meredith nunan date:25 august 2014 venue:council chambers

Candidate Information Seminar 1

Presented by: Meredith Nunan

Date: 25 August 2014

Venue: Council Chambers

Candidate Information Seminar

2014 Council Elections


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


• 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 Council

Local Government Act 1999 s6, s7 & s8


The role and functions of a Council

Local Government Act 1999 s6, s7 & s8

• planning at the local and regional level for the development and future requirements of its area

• 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.


The role of each sphere


Local

Independence

Interdependence

Dependence

State Federal

Relationship to other spheres of GovernmentCouncils work within the following inter-relationship with other spheres of government


Local Government Relationship with State & Federal Governments

68 Councils in South Australia

Regional Bodies

Local Government Association of SA

Australian Local Government Association

Federal Government

State 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 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.

Council is a ‘relevant authority’ under Development Act 1993


Mitcham DAP consists of:

• 3 Elected Members• 4 Independent Members

DAP currently meets on the 1st Thursday of the month at 6.30 pm


Other committees of Council

Audit meets 6 times a year Thursday night

Heritage meets quarterly Monday night

Cultural Village meets at least quarterly Monday night

Community Development Grants

meets twice a year

Strategic Planning & Development Policy

meets as required


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

• 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

CEO is responsible for staff matters and ensuring implementation of Council’s plans and policies.


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)


Respective RolesLeadership Management

Vision and strategy

Representing community interests

Communicating and motivating

Delegating

Reviewing

Advising

Administering/implementing Council decisions

Plans and budgets

Service delivery

Regulatory role


• 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 assumedBut• 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


Proposed Induction ProgramFriday 14 November - 5.30 – 7.30pm

Saturday 15 November – all day

Tuesday 18 November – 6.30 – 8.30

Tuesday 25 November – 5.30pm onwards

Saturday 29 November – 9.00am – 5.00pm

Setting the scene

Roles and responsibilities, legal obligations, meeting procedures + bus tour

Overview of decision making structure

Orientation, Oath of Office and first Council Meeting

Integrated planning


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

RememberYour 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

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 / $23,750Presiding 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)


Periodic Elections


Election Timetable• roll close

Friday 8 August 2014• nominations period

Tuesday 2 September – noon, Tuesday 16 September 2014

• mail-out of voting materialMonday 20 - Friday 24 October 2014

• close of votingFriday 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



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



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)



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



Campaign signs

• can only be displayed in the 4 weeks before the close of voting - that is from 10 October

• must be taken down within 48 hours of the close of voting on 7 November

• refer to Council’s Elections Sign Policy


Points to consider when campaigning

Consider:

• the issues you will promote during the campaign• how best to promote yourself e.g. doorknocking,

flyers, local media etc.• your campaign strategy

Come to a Council meeting


Illegal Practices• bribery, intimidation, violence• candidate/scrutineer assisting a person to

vote or obtain voting papers• disclosing how another person has voted• dishonestly influencing/trying to influence

the result of an election or poll • exercising a vote to which you are not

entitled• opening an envelope containing a vote

(unless you are an electoral official).


Complaints from candidates

• must be in writing and addressed to the returning officer

• provide copies of alleged offending material, details of locations where notices are fixed

• will be recorded as received and notification of the receipt of complaint will be issued

• complaints will be examined during the election period

• handled according to complaints protocol


Mail out of voting packs

• voting packs mail-out Monday 20 October to Friday 24 October containing:ober containing:

– postal voting guide– ballot paper/s– candidate profile brochure– ballot paper envelope containing a declaration

flap for elector to sign– reply paid envelope



Return of voting material

• close of voting – 5pm, Friday 7 November 2014

• returned material is processed daily• ballot paper envelope must be signed• material delivered personally to the council

will be stored in ballot boxes


Scrutineers

• Candidates cannot observe election proceedings, must authorise a scrutineer by completing a scrutineer form (4 copies will be forwarded after close of nominations)

• Scrutineers can observe the processing of returned voting material and the scrutiny and count of ballot papers

• Scrutineers cannot assist an elector, obtain voting material for another person or touch ballot papers



Scrutineers (continued)

• no more than 2 scrutineers per candidate at the same time

• address queries to officer in charge and observe scrutineering protocol

• illegal offences apply to both candidates and scrutineers

• no more than 2 scrutineers per candidate at tame time

• address queries to officer in charge, observe scrutineering protocol

• illegal offences apply to both candidates AND scrutineers.


Scrutiny

• voting closes 5pm Friday 7 November 2014• scrutiny commences at 9am Saturday 8

November 2014• candidates will be advised of the location and

time• declaration flap removed before envelope opened

to ensure vote secrecy• process - remove declaration flaps from ballot

paper envelopes and extract ballot papers before commencing count



Counts

• Saturday 8 November 2014 commence with mayoral count, then continue with

councillor counts

• 9am Sunday 9 November 2014 resume counting to finalise any incomplete counts

• all counts to 1st preferences will be conducted locally

• complex counts will be transferred to a central processing centre (CPC)


Voting

• preferential vote – must mark preferences on the ballot paper for at least the number of candidates to be elected

e.g.

- Mayoral election, must mark at least 1 preference on the ballot paper

- 3 vacancies, must mark 1,2 and 3



Vote counting

• votes are counted using the proportional representation (PR) system

• in most instances a candidate must obtain a quota of votes to be elected


Quota from:

• 1st preference votes, or• combination of 1st preference votes and votes

transferred from either elected or excluded candidate/s

• final vacancy, 2 candidates remaining in count, neither with a quota – candidate with the largest number of votes is elected


Explanation of the voting system

• Refer – Candidate Handbook page 29• Visit – www.ecsa.sa.gov.au/flash.htm

How your vote counts• Read – Proportional Representation (PR) Count

Processes and Examples on the ECSA website

http://www.ecsa.sa.gov.au/flash.htm


Conclusion of election

• Provisional declaration following conclusion of each election

• 72 hours for request for a recount• Results? Visit

www.lga.sa.gov.au/electionresults• ECSA will forward a letter to each candidate to

advise of election results

http://www.lga.sa.gov.au/electionresults


Campaign donations

• all candidates must declare campaign donations within 30 days after the election

- win or lose- whether or not you receive donations

That is, a nil return is required


Further queries and questions

Queries after this meeting?

• Check the Candidate Handbook• Look at the Profile and Photograph requirements

brochure• Read the legislative framework relating to illegal

practices sent after nominations close• Contact the ECSA Deputy Returning Officer


Resources available to Candidates

Local Government Association of SA• Ph: 8224 2000• Email: [email protected] • Website: www.lga.sa.gov.au

• On the job training and support for Elected Members

Electoral Commission of SA• Ph: 7424 7400• Email: [email protected]• Website: www.ecsa.sa.gov.au

mailto:[email protected]

http://www.lga.sa.gov.au/

mailto:[email protected]

http://www.ecsa.sa.gov.au/

presented by:meredith nunan date:25 august 2014 venue:council chambers

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