Candidate Information
TITLE
OF
Seminar
PRESENTATION
2014 Council Elections
Presented by:
Date:
Venue:
Candidate Information Seminar
Slide 1
The role and functions of a Council
Local 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
Slide 2
The role and functions of a Council
Local Government Act 1999 s6, s7 & s8
• 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
Candidate Information Seminar
Slide 3
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.
Candidate Information Seminar
Slide 4
The role of each sphere
Federal
State
Local
National Issues
Income Tax
Customs
Postal Services
Telecommunications
State Issues
Arterial Road *
State Transport *
Education
Social Welfare (part) *
Defence
Foreign Affairs
Police
Primary & Secondary
Industries
State Planning *
Health *
Local Issues
Local Roads
Community Services
Local Area Planning
Development/Building
Control
Recreation
Local Health *
National Transport
Social Welfare (part)
*
Etc
Etc
Libraries & Information
Council Rates
Etc
There are many areas of overlap between the three spheres
* Joint Responsibility
Candidate Information Seminar
Slide 5
Relationship to other spheres of
Government
Councils work within the following inter-relationship
with other spheres of government
Local
Independence
Interdependence
Dependence
State
Candidate Information Seminar
Federal
Slide 6
Local Government Relationship with
State & Federal Governments
68 Councils in South Australia
Regional Bodies
State
Government
Local Government
Association of SA
Australian Local
Government
Association
Candidate Information Seminar
Federal
Government
Slide 7
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
Candidate Information Seminar
Slide 8
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
Slide 9
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.
Candidate Information Seminar
Slide 10
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.
Candidate Information Seminar
Slide 11
Role of a Council Member
Local 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
Candidate Information Seminar
Slide 12
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.
Candidate Information Seminar
Slide 13
Development Assessment Panels
Council is a ‘relevant authority’ under
Development Act 1993
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.
Candidate Information Seminar
Slide 14
Role of the CEO and Staff
Local Government Act 1999 - s99
CEO responsible for staff matters and ensuring
implementation of Council’s plans and policies.
• 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
Candidate Information Seminar
Slide 15
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
Slide 16
Respective Roles
Council Members
Senior Officers
Representing Community
interests
Advising
Policy Making
Delegating
Reviewing
Administering
Accounting
Supervising
Council Members have no legal role independent of the Council.
It is the "body corporate" that makes the decisions of Council
Candidate Information Seminar
Slide 17
What it takes to be an effective
Council Member
• Energy
• Courage to try
• Dedication
• Desire to make things
happen
• Genuine concern
for the wellbeing
of the
community
• Ability to
communicate
Candidate Information Seminar
• Understanding of the
job
• Willingness to learn
new ways of doing
things.
Slide 18
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
BUT
• Look after your health
• Recognise the limits you can physically and mentally
cope with
Candidate Information Seminar
Slide 19
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-governmentallowances;
Candidate Information Seminar
Slide 20
Legal Issues
• Code of Conduct
• Register of Interests
• Conflict of Interest
• Protection of Members – civil liability
Candidate Information Seminar
Slide 21
Periodic Elections
The 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
Candidate Information Seminar
Slide 22
Failure of an Election
An election wholly fails if:
• 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
Candidate Information Seminar
Slide 23
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
Candidate Information Seminar
Slide 24
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
Candidate Information Seminar
Slide 25
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 Information Seminar
Slide 26
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 Information Seminar
Slide 27
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.
Candidate Information Seminar
Slide 28
Withdrawing of Nominations
To withdraw you must complete the
appropriate form prior to the close of
nominations.
Candidate Information Seminar
Slide 29
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.
Candidate Information Seminar
Slide 30
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.
Candidate Information Seminar
Slide 31
No contest
If there are the same number of positions
as candidates, those nominating will
automatically be elected to the position
Candidate Information Seminar
Slide 32
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
Candidate Information Seminar
Slide 33
Illegal Practices
The 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
Candidate Information Seminar
Slide 34
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.
Candidate Information Seminar
Slide 35
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
Candidate Information Seminar
Slide 36
Resources available to Candidates
Local
•
•
•
•
Government Association of SA
Ph: 8224 2000
Email: lgasa@lga.sa.gov.au
Website: www.lga.sa.gov.au
On the job training and support for Councillors
Electoral Commission of SA
• Ph: 7424 7400
• Email: ECSAComments@sa.gov.au
• Website: www.ecsa.sa.gov.au
Candidate Information Seminar
Slide 37