Candidate Information Seminar 1 Presented by:Meredith Nunan Date:25 August 2014 Venue:Council...
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Transcript of Candidate Information Seminar 1 Presented by:Meredith Nunan Date:25 August 2014 Venue:Council...
Candidate Information Seminar 1
Presented by: Meredith Nunan
Date: 25 August 2014
Venue: Council Chambers
Candidate Information Seminar
2014 Council Elections
Candidate Information Seminar 2
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
Candidate Information Seminar 3
• 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
Candidate Information Seminar 4
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.
Candidate Information Seminar 6
Local
Independence
Interdependence
Dependence
State Federal
Relationship to other spheres of GovernmentCouncils work within the following inter-relationship with other spheres of government
Candidate Information Seminar 7
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
Candidate Information Seminar 8
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
Candidate Information Seminar 9
Means of achieving this• Revenue raising
• Resources – Community Assets
• Employment of staff
• Contracting
• Community leadership
• Volunteer programs
• Community development
• Capital Equipment
• Information
Candidate Information Seminar 10
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
Candidate Information Seminar 11
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
Candidate Information Seminar 12
Demographics
Total population: 65,720
Total electors: 47,324
Quota of electors per councillor: 3,380
Candidate Information Seminar 14
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
Candidate Information Seminar 15
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
Candidate Information Seminar 16
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
Candidate Information Seminar 17
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
Candidate Information Seminar 18
Mitcham DAP consists of:
• 3 Elected Members• 4 Independent Members
DAP currently meets on the 1st Thursday of the month at 6.30 pm
Candidate Information Seminar 19
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
Candidate Information Seminar 20
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
Candidate Information Seminar 21
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.
Candidate Information Seminar 22
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)
Candidate Information Seminar 23
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
Candidate Information Seminar 24
• Elected Members have no legal role independent of the Council.
• It is the ‘body’ corporate that makes the decisions of Council
Candidate Information Seminar 25
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
Candidate Information Seminar 26
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
Candidate Information Seminar 27
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
Candidate Information Seminar 28
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
Candidate Information Seminar 29
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
Candidate Information Seminar 30
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
Candidate Information Seminar 31
Realistic expectations
RememberYour commitment to Council must be balanced with your personal, family and work needs
Look after your health
Candidate Information Seminar 32
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
Candidate Information Seminar 33
Allowances for year 1 of next Council term
Councillors $19,000
Principal Member $76,000
Deputy Mayor / $23,750Presiding member of a prescribed committee
Candidate Information Seminar 34
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)
Candidate Information Seminar 36
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
Candidate Information Seminar 37
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
Candidate Information Seminar 38
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
Candidate Information Seminar 39
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
Candidate Information Seminar 40
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 Information Seminar 41
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
Candidate Information Seminar 42
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
Candidate Information Seminar 43
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
Page 15 of the Candidate Handbook
Candidate Information Seminar 44
Withdrawing of nominations
To withdraw you must complete the appropriate form prior to the close of nominations
Candidate Information Seminar 45
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.
Candidate Information Seminar 46
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
Page 17 of the Candidate Handbook
Candidate Information Seminar 47
No contest
If there are the same number of positions as candidates, those nominating will automatically be elected to the position.
Candidate Information Seminar 48
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
Candidate Information Seminar 49
Assistance with campaigning
Council can assist with:
• information on the council area and activities, services, issues
• election signage provisions• voters roll (not electronic)
Page 18 of the Candidate Handbook
Candidate Information Seminar 50
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
Page 18 of the Candidate Handbook
Candidate Information Seminar 51
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
Candidate Information Seminar 52
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
Candidate Information Seminar 53
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).
Candidate Information Seminar 54
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
Candidate Information Seminar 55
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
Page 22 of the Candidate Handbook
Candidate Information Seminar 56
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
Candidate Information Seminar 57
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
Page 23 of the Candidate Handbook
Candidate Information Seminar 58
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.
Candidate Information Seminar 59
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
Page 25 of the Candidate Handbook
Candidate Information Seminar 60
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)
Candidate Information Seminar 61
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
Page 25 of the Candidate Handbook
Candidate Information Seminar 62
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
Candidate Information Seminar 63
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
Candidate Information Seminar 64
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
Candidate Information Seminar 65
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
Candidate Information Seminar 66
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
Candidate Information Seminar 67
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
Candidate Information Seminar 68
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