CEO CHECKLIST 2014
First Council Meeting Following the Completion of the Periodic
Elections
The following document has been prepared as a checklist for practical assistance following the
November 2014 periodic elections. It is not meant to be exclusive or to replace the need to refer
to relevant Acts or Regulations.
Most model documents may be found on the ‘Manuals, Codes and Guidelines’ page - see
http://www.lga.sa.gov.au/site/page.cfm?u=204. Financial Sustainability Papers Nos. 1 - 27 may
be found at http://www.lga.sa.gov.au/page.aspx?u=769.
Part 1.
Business of the first Council meeting following the elections
There are some matters that must be carried out, or by their very nature will be dealt with, at the
first meeting of Council following the elections. There are others that could be captured either at
the first meeting or at a subsequent meeting. This checklist enables the CEO to consider and
address those matters.
1.1
The CEO is responsible for calling the first ordinary
meeting of the Council and will preside until the presiding
member is chosen (or where the Council has a Mayor
until the Mayor has taken the oath of office)
[s.81(4), s.86(3)]
1.2
Members to make an undertaking in the prescribed manner
and form – if not already done so.
[s.60 and Sch.1
Form 2 – LG
(General) Regs]
1.3
(If Council does not have a Mayor) Choice of Chairperson which may include a title other than Chairperson
[s.51(1)(b)]
(See separate LGA paper – Choosing a Chairperson, Deputy [s.86(3)(a)]
Mayor and Deputy Chairperson:
http://www.lga.sa.gov.au/page.aspx?u=204)
1.4
Council may appoint a Deputy Mayor/Deputy Chairperson
[s.51(3)]
1.5
Time and place of ordinary meetings to be determined
[s.81(1)]
1.6
Agree template agenda for ordinary meetings.
NOTE: CEO must provide a report to the first meeting of the
new Council on any question that has lapsed under
regulation 12(19) of the Local Government (Procedures at
Meetings) Regulations 2013. (This regulation concerns
questions that were lying on the table immediately prior to
the Local Government elections and were not retrieved
before the election took place).
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[r.12(19)
LG(Procedures at
Meetings) Regs]
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1.7
Committees – Council may establish
(A summary of previous committees, their purpose, role &
responsibilities could be included. It may be appropriate to
recommend to Council that:
[s.41]
- some committees be retained;
- some may no longer continue [giving reasons]; and
- that there is a need for new committees for reasons you
might outline.)
The Council will need to determine the details and
requirements for each committee it establishes.
[s.41(1)]
(a) What are terms of reference or purpose of the
committee?
[s.41(2)]
(b) Who will the members be?
[s.41(3)]
(c) Does Council wish to appoint the presiding member of
the committee or make provision for this appointment by
the committee?
[s.41(4)]
(d) Determine the time and place of ordinary meetings of
the committee, or make provision for the committee to
determine its own meeting arrangements.
[s.87(1)]
Note: The Council may vary the calling and timing of
committee meetings, and the giving of public notice of
meetings when the committee does not perform a
regulatory function.
1.8
[s.87(15), s.88(7)
and Part 3, LG
(Procedures at
Meetings) Regs]
(e) Will the Mayor/Chairperson be an ex officio member of
the committee?
[s.41(6)]
(f)
[s.72(1)]
Are the register of interest provisions to apply to the
members of the committee?
(g) Does Council wish to delegate powers or functions to
the committee?
[s.44(2)]
(h) What are the reporting arrangements for the committee?
[s.41(8)]
Note: A committee performing regulatory activities must
report to the Council at least quarterly.
[S.41(9)]
Audit committee – Council must establish and appoint the
Members of an audit committee
[S.126(1) and Reg
13A, LG (Financial
Mgt) Regs]
(See separate LGA paper for further details - Information
Paper 3 Audit Committees
http://www.lga.sa.gov.au/page.aspx?u=769
(The auditor is appointed on the recommendation of the
audit committee for a term of up to 5 years. Advise Council
of the remaining term of the current auditor.)
1.9
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[S.128(6)]
Meeting Procedures
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If required, adopt a Code of Practice for Meeting Procedures
to define the Council’s approach to discretionary procedures
as provided for in the LG (Procedures at Meetings)
Regulations 2013.
1.10
[Reg 6, LG
(Procedures at
Meetings) Regs]
Allowances and Benefits
(a) Council Member allowances are set by the
Remuneration Tribunal and take effect from the first
ordinary meeting of the Council held after the conclusion
of the periodic elections. See
http://www.remtribunal.sa.gov.au/localgov.htm for the
most recent Remuneration Tribunal determination.
[s.76 and Reg 4,
LG (Allowances
and Benefits) Regs
2010]
(Advice regarding taxation etc of allowances and
reimbursements could be included with agenda
documents. See
http://www.lga.sa.gov.au/page.aspx?u=204
1.11
(b) If relevant, consider a policy on the reimbursement of
discretionary expenses requiring Council approval.
Note: Such a policy lapses at a general election of
Council.
[s.77(1)(b) and
Reg 6, LG
(Allowances and
Benefits) Regs]
(c) Determine facilities and support for members. Consider
a relevant policy to underpin the provision and use of
facilities and support.
[s.78]
Council Development Assessment Panel (CDAP)
[s.56A, Dev Act]
Review terms of office of CDAP members to determine if any
change of membership is required.
If the term of office of any current member(s) has expired,
make necessary new appointments having regards to the
provisions in s.56A.
1.12
- Review other conditions of appointment of Panel members
(not covered by the legislation) eg. payment of sitting fees
[S.56A(3)(f)]
- Review the appointment of a public officer of the Panel
[S.56A(22)]
- Make arrangements for training of members
[Dev Regs.]
- All Panel members are required to disclose financial
interests and complete a return in the prescribed form
[Dev Act, Schedule
2]
- Review delegations - Council must delegate Planning
powers to a Council DAP and/or to staff and/or to a regional
DAP (if a regional DAP is established)
[s.34(23) Dev Act]
Subsidiaries
1.12.1 Single Council Subsidiaries
[s.42, LG Act]
What (if any) subsidiaries does Council have now and/or
wish to establish?
[s.42(1)]
(A summary of current subsidiaries, their purpose, role &
responsibilities could be included. It may be appropriate to
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recommend:
- some may no longer be required [giving reasons]; and
- that there is a need for new subsidiaries, or perhaps a
committee could become a single Council subsidiary
for reasons you might outline.)
Is there a requirement to make any new appointments to the
boards of management – whether because of the provisions
of the Charter or as a consequence of changes to the
membership of the Council?
1.12.2 Regional Subsidiaries
What (if any) regional subsidiaries have Council been
involved in establishing?
[s.43(1)]
(A summary of current subsidiaries, their purpose, role &
responsibilities could be included.)
Is there a requirement to make any new appointments to
boards of management – whether because of the provisions
of the Charters or as a consequence of changes to the
membership of the Council?
1.13
A brief status report of current major Council activities
1.14
A brief statement about the Council's training and
development policy and generally about education,
information and awareness training proposals for members.
1.15
Advice of officers’ involvement on outside bodies (eg. LGMA
Executive, boards, etc. where the appointment is not
specifically by Council but related to the officer’s professional
interests).
1.16
Overview of the conflict of interest provisions (See separate
LGA paper for further details – Conflict of Interest Provisions
– Guidelines and Examples
http://www.lga.sa.gov.au/page.aspx?u=204
1.17
Policies of Council – Is there a need for review by Council?
(if required, Council to consider proposals for the review
process – committee, Council, etc. and when. This could be
supported by a proposed program to accommodate the
various matters detailed below. See Part 2 of this Checklist
‘Further Issues of Policy, Code, etc').
1.18
Policy – supplementary elections
(Councils without wards can have a policy not to fill a casual
vacancy)
[s.6(2)(b), LG
(Elections) Act]
1.19
Primary and ordinary returns information – all new members
required to complete a primary return within 6 weeks of
election (See Part 3 of this Checklist)
[s.65]
1.20
Campaign donation returns – required within 30 days of the
conclusion of the election
[s.80(1), LG
(Elections) Act]
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[s.80A]
[s.73-75]
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1.21
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Advice on requests for Council appointment to outside
bodies and requirements of LGAMLS for such bodies to
"protect" the member's interests. Also advise of statutory
indemnity provisions for issues of civil liability.
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[s.39]
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Part 2.
Further Issues of Policies, Codes etc.
There are a number of matters that Council will need to consider early in its term. These include
the preparation, adoption and/or review of codes, policies and other important documentation. It
is possible that some of these may be considered at the first Council meeting. Where this is not
the case, early advice will inform the Council as to the workload before it and facilitates a planned
approach to the tasks involved. For information on what codes and policies are required or
recommended, see the LGA's governance page: http://www.lga.sa.gov.au/page.aspx?u=268)
2.1
Codes
Code of practice for access to meetings and documents –
(confidentiality) – must be reviewed within 12 months of
each periodic election.
(See separate LGA model code: Access to Council and
Committee meetings and Documents - Model Code of
Practice http://www.lga.sa.gov.au/page.aspx?u=204)
[s.92]
Code of practice for meeting procedures – must be reviewed
at least once every financial year
[Reg 7, LG
(Procedures at
Meetings) Regs]
[s.63, s.110]
Codes of conduct for Council Members and Code of
Conduct for Council Employees - made by Regulation and
gazetted.
2.2
Review of investments – and annual review
[s.140]
2.3
Delegations – and annual review
[s.44(6)]
(See http://www.lga.sa.gov.au/page.aspx?u=2780)
2.4
Contracts and tenders policy
[s.49]
(See http://www.lga.sa.gov.au/page.aspx?u=204&c=26822)
2.5
Public consultation policy
[s.50]
(See separate LGA Public Consultation Guideline for further
details http://www.lga.sa.gov.au/page.aspx?u=204
2.6
Principal Office – proposed alteration of opening hours –
must consult with the community in accordance with
Council’s public consultation policy about the manner,
places and times at which offices will be open
[s.45(3)]
2.7
Council Member training and development policy
[s.80A]
(See LGA Guidelines for Training and Development Policy
and Plan: http://www.lga.sa.gov.au/page.aspx?u=204)
2.8
Internal control policies
[s.125]
(See separate LGA information paper #21 for further details
http://www.lga.sa.gov.au/page.aspx?u=769)
2.9
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Strategic management plans – must be comprehensively
reviewed within 2 years of each general election
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[s.122(4)(b)]
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See http://www.lga.sa.gov.au/page.aspx?c=27737
2.10
Annual Business Plan and Budgets
[s.123(1)]
(See separate LGA information paper #13 for further details
http://www.lga.sa.gov.au/page.aspx?u=769
2.11
Long-term financial plan – must be reviewed as soon as
practicable after the adoption of annual business plan
[s.122(4)(a)]
(See separate LGA information paper #8 for further details
http://www.lga.sa.gov.au/page.aspx?u=769)
2.12
Register of fees and charges fixed by Council
[s.188]
2.13
Road naming policy – see separate LGA paper for further
details: Selection of Road Names - Model Policy
[s.219]
http://www.lga.sa.gov.au/page.aspx?u=204
2.14
Order making policy – see separate LGA paper for further
details http://www.lga.sa.gov.au/page.aspx?u=204
[s.259]
2.15
Complaints Handling and Requests for Services - See LGA
model policies and procedures:
http://www.lga.sa.gov.au/page.aspx?u=204
[s.270]
Internal Review of Council Decisions procedures – see
separate LGA model policies and practices for further details
http://www.lga.sa.gov.au/page.aspx?u=204
2.16
2.17
Community land
- revocation of land from classification
[s.193(1)(a)]
- prepare and adopt a management plan as soon as
practicable after the requirement arises
[s.196(7)(b)]
- exclusion of land from classification before acquired or
brought under care, control and management
[s.193(4)]
Bylaws – current status
[s.238,239,240 &
246]
(See LGA template by-laws
http://www.lga.sa.gov.au/site/page.cfm?u=2137)
2.18
Review of Council representation, composition: wards and
matters generally etc. – advice of when the next review is
due, if during the term of this Council
[s.12(4)]
(See separate LGA paper for further information:
Representation Review, Guidelines for Councils Undertaking
http://www.lga.sa.gov.au/page.aspx?u=204
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Part 3. Information for Members of a New Council
The following documentation is seen as the minimum information that should be provided to
Members of a new Council. A more comprehensive list is included in the LGA guidelines
Inducting and Training New Councils 2010: A Guide for Councils and Chief Executive Officers see http://www.lga.sa.gov.au/page.aspx?u=204
3.1
Lodgement of primary returns – within 6 weeks of election Except returned Members.
[s.65]
See separate LGA paper for further details – Guidelines for
Primary & Ordinary Returns – Council Members
http://www.lga.sa.gov.au/page.aspx?u=204
3.2
Lodgement of ordinary returns – by 29th August each year
for all members.
[s.66]
See separate LGA paper for further details – Guidelines for
Primary & Ordinary Returns – Council Members
http://www.lga.sa.gov.au/page.aspx?u=204
3.3
Lodgement of campaign donation returns – required within
30 days of the conclusion of the election
[s.80(1), LG
(Elections) Act]
3.4
Where to send notices, agendas & other business
documents – pro forma for Council Members to complete
[s.83(6)]
3.5
A copy of the following extracts from the Local Government
Act 1999:
3.6
- principal role of a council
[S.6]
- functions of a council
[s.7]
- objectives of a council
[s.8]
- specific roles of principal member
[s.58]
- role of members
[s.59]
- general duties
[s.62]
- code of conduct
[s.63]
- role of CEO
[s.99]
- explanation of how casual vacancies arise
[s.54]
- conflict of interest
[s.73]
- members to disclose interest
[s.74]
Copy of Local Government (Procedures at Meetings)
Regulations 2013.
Also Meeting Procedures Handbook for Council Members –
http://www.lga.sa.gov.au/page.aspx?u=204
3.7
A copy of the 2013/2014 annual report
[s.131]
3.8
Advice about insurance provided for every Member &
[s.80]
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spouse or another person accompanying
3.9
Organisational structure for staff of the Council
[s.99(2)]
(Possibly link to LGA information paper on Councillors and
Chief Executive Officers Role in Local Government
http://www.lga.sa.gov.au/page.aspx?u=204
3.10
Overview of HR and WHS policies of Council and, where
appropriate, policies that might be applicable to members
[HR –S.107 –
Principles of HR
Management]
3.11
Current status of section 91(7) confidentiality orders on
minutes and other documents, and their review period or
release date/circumstances
[s.91(9)]
(Here also link to section 62 responsibilities of Council
Members – acting honestly, with reasonable care and
diligence, improper use of position or information, etc)
3.12
Members access to documents – arrangements for requests
– eg to CEO, or another officer specified by CEO
[s.61(2)]
3.13
If Council has a 'media policy', explanation of its content and
requirements – plus details of the 'principal spokesperson'
responsibility for the principal member
[s.58(1)(c)]
3.14
Role of and requirements for "informal gatherings"
[S.90(8)]
3.15
Overview of role and facilities of LGA and the various LGA
schemes.
[Sch.1]
3.16
Details of the LGA Financial Sustainability Program is
available from the LGA website http://www.lga.sa.gov.au/site/page.cfm?u=769
This includes a suite of information papers dealing with
various related issues.
April 2014
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