candidate information seminar slide 1 title of presentation presented by: date: venue: candidate...

Candidate Information Seminar Slide 1

TITLE OFPRESENTATION

Presented by:

Date:

Venue:

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

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

•Representing the interests of its community to the wider community and other levels of Government.

•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• Governance

• Leadership

• Representation of the community

• Community planning & co-ordination

• Community participation

• Decision making

• Service provision

• Regulation

• Policy and planning with State and Federal Governments


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, number of people represented by a Council Member (the ward quota) must not vary by more than 10% from other wards.


Role of the Principal Member• Preside at meetings of the Council

• Carry out civic and ceremonial duties

• Provide advice, if required, to the CEO between Council meetings regarding a decision of the Council

• Act as the principal spokesperson of the Council

• Deputy Mayor/Chairperson undertakes the role in absence of Principal Member.


Role of a Council MemberLocal Government Act 1999 – s69

• Member of Governing body – decisions through Council as a whole

• Represent the interests of all residents and ratepayers in the area.

• Provide community leadership and guidance

• Facilitate communication between the community and the Council

These duties are also undertaken by the Mayor or Chairperson


Role of a Council Member - Continued

• Participate in Council debates, policy making and planning for the area.

• Review Council’s strategic and financial plan to ensure they are appropriate and effective.

• Review the Council's resource allocation, expenditure and activities, and effectiveness of its service delivery

• Membership of Council Committees and/or Council Development Assessment Panel.


Development Assessment Panels

Required to establish a Council Development Assessment Panel

• Assess and determine development applications

• Operate and decisions solely under Development Act, not Local Government Act

• Distinct from other functions of Council.

Council is a ‘relevant authority’ under Development Act 1993


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 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 Roles

Council Members have no legal role independent of the Council.It is the "body corporate" that makes the decisions of Council

Council Members Senior Officers

Representing Community interests

Policy Making

Delegating

Reviewing

Advising

Administering

Accounting

Supervising


What it takes to be an effective Council 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

Council Member - continued

• Keep in touch with the community

• Be the community voice

• Prepare for meetings

• Attend meetings

• Commitment to the role

BUTBUT

• Look after your health

• Recognise the limits you can physically and mentally cope with


Allowances and Expenses• Council 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 (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/determinations/local-government-allowances;


Legal Issues

• Code of Conduct

• Register of Interests

• Conflict of Interest

• Protection of Members – civil liability


Periodic ElectionsThe Local Government (Elections) Act 1999 provides that

periodic elections to determine the membership of Council must be held at intervals of 4 years.

• A periodic election is held by voluntary postal voting

• Close of voting for 2014 LG elections is 5pm on Friday 7 November


Failure of an Election

• The election is for one vacancy and between the close of nominations and the close of voting, a nominated candidate dies; or

• The election is for two or more vacancies and between the close of nominations and the close of voting, two or more candidates die.

NOTE: a nominated candidate may only withdraw before the close of nominations

An election wholly fails if:


Criteria for Election to Council• Over 18

• An Australian citizen; or

• a prescribed person who had been a member of a Council between 5 May 1997 & 1 January 2000; and

• an elector for the area; or

• a designated person representing a body corporate or group which has its name on the voters roll

• Be on the voters roll


Who is ineligible

• a State or Federal Parliamentarian

• an un-discharged bankrupt disqualified from holding office

• an employee of the Council

• a nominee for office in another Council area

• been sentenced to imprisonment or could become liable to serve the remainder of the sentence


Nominating for Council• Collect a nomination kit from the Council

• Complete the nomination form and prepare the Candidate Profile

• Lodge the nomination form, Candidate Profile and candidate photograph (optional) with the Council’s Deputy Returning Officer/Council Liaison Officer after nominations open on 2 September and before nominations close at

12 noon on Tuesday 16 September 2014


Candidate Profile• must be typed or printed

• not exceed 150 words in length

• be accurate and not be misleading;

• not contain offensive or obscene material

• must not refer to another person who has nominated as a candidate without their written consent

• must not comment on decisions or actions taken by the Council or of past or present Members of the Council

• must be signed and dated


Candidate Website• Established by LGA under s.19A of LG (Elections) Act

1999

• Contains the mandatory information submitted to the Electoral Commission on the nomination form including the candidate ‘profile’ (usually accompanied by a photo)

• Contains an optional candidate ‘statement’ in the form of a hyperlink.


Withdrawing of NominationsTo withdraw you must complete the appropriate form prior to the close of nominations.


Rejection of Nomination

The Returning Officer may reject a nomination if in their opinion the name under which the candidate is nominated:

• is obscene: or

• is frivolous; or

• has been assumed for an ulterior purpose; or

• no profile has been submitted.


Publication of nominations• Upon receipt of nominations, they are displayed in

the Council offices.

• After close of nominations and within 16 days, nomination must be published. This usually occurs within 14 days due to the publication dates of the Government Gazette.

• The public notice will include the names of candidates and the positions they have nominated for.

• Whether in fact, an election is required.


No contest

If there are the same number of positions as candidates, those nominating will automatically be elected to the position


Electoral 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


Illegal PracticesThe Local Government (Elections) Act 1999 outlines a

number of illegal practices including:

• Violence, Intimidation and Bribery

• Dishonest artifices

• Interference with Statutory Rights

• Attempting to discover how people voted


Points to consider when campaigning• Consider the issue/s you will promote during the

campaign

• Consider how best to promote yourself - flyer, door knocking, stands at shopping centres, local media

• Plan your campaign strategy

• Read and comply with LGA Guidelines prior to affixing electoral signs eg on ETSA poles.


Points to consider when campaigning - continued

All candidates must declare campaign donations within 30 days after the election (win or lose)

Before the close of voting – 7 November 2014

• Select and nominate scrutineers

• Plan for the celebrations after you are elected


Resources available to CandidatesLocal Government Association of SA

• Ph: 8224 2000• Email: [email protected] • Website: www.lga.sa.gov.au • On the job training and support for Councillors

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

candidate information seminar slide 1 title of presentation presented by: date: venue: candidate...

Documents

spheres of government

sphere slide

council local government

s7 s8 slide

local government relationship

council act

council meetings

levels of government