CEO CHECKLIST
First Council Meeting Following the Completion of the Periodic
Elections, November 2010
The following document has been prepared as a checklist for practical assistance following the
November 2010 periodic elections. It is not meant to be exclusive or to replace the need to refer
to relevant Acts or Regulations.
NOTE: A number of the documents cited as references from the LGA website are in the process
of being updated. If the link to the document does not appear to be working, it probably means
that the document has been updated and replaced on the LGA website. You should look for the
updated document on the ‘Manuals, Codes and Guidelines’ page - see
http://www.lga.sa.gov.au/site/page.cfm?u=204
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.
DME 58718
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 – 'Guidelines for Choosing a
Chairperson'
http://www.lga.sa.gov.au/webdata/resources/files/Choosing_
a_Chairperson_Guidelines_(Oct_2007).pdf)
[s.86(3)(a)]
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
CEO Checklist
Local Government Association of South Australia
Page 1 of 9
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.
[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)]
(See separate LGA paper for further details regarding
committees – Council Committee Members Guide
http://www.lga.sa.gov.au/webdata/resources/files/Committee
_Members_Guide___LGA_2003_pdf1.pdf)
DME 58718
CEO Checklist
Local Government Association of South Australia
Page 2 of 9
1.8
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 information paper for further details
regarding Audit Committees
http://www.lga.sa.gov.au/webdata/resources/files/Financial_
Sustainability_Info_Paper_3_Audit_Committees_July_2006.
pdf )
(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
Meeting Procedures
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 2000.
1.10
[S.128(6)]
[Reg 7, LG
(Procedures at
Meetings) Regs]
Allowances and Benefits
(a) Council Member allowances are set by the
Remuneration Tribunal and takes 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/site/page.cfm?u=1140 )
DME 58718
(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]
CEO Checklist
Local Government Association of South Australia
Page 3 of 9
1.11
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) e.g. 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]
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
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?
DME 58718
CEO Checklist
Local Government Association of South Australia
Page 4 of 9
DME 58718
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 LGA
Guidelines
http://www.lga.sa.gov.au/webdata/resources/files/Conflict_of
_Interest.pdf)
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 ‘Further Issues
of Policy, Code, etc').
1.18
Policy – supplementary elections
(Council can under certain conditions 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 document)
[s.65]
1.20
Campaign donation returns – required within 30 days of the
conclusion of the election
[s.80(1), LG
(Elections) Act]
1.21
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.
[s.39]
CEO Checklist
Local Government Association of South Australia
[s.80A]
[s.73-75]
Page 5 of 9
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.
2.1
Codes
Code of practice for access to meetings and documents –
[s.92]
(confidentiality) – must be reviewed within 12 months of each
periodic election.
(See http://www.lga.sa.gov.au/webdata/resources/files/LGA50047__Model_Code_of_Practice_for_Access_to_Council_and_Co
mmittee_Meetings_and_Associated_Documents.doc)
Code of practice for meeting procedures – must be reviewed
at least once every financial year
[Reg 7, LG
(Procedures at
Meetings) Regs]
Code of conduct for Council Members - must be reviewed
within 12 months of election
[s.63]
(See http://www.lga.sa.gov.au/webdata/resources/files/LGA516213_Code_of_conduct_2010.doc)
Code of conduct for Council employees – must be reviewed
within 12 months of election
[s.110]
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/site/page.cfm?u=936)
2.4
Contracts and tenders policy
[s.49]
2.5
Public consultation policy
[s.50]
(See
http://www.lga.sa.gov.au/webdata/resources/files/Public_Co
nsultation_Discussion_Paper.pdf)
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
http://www.lga.sa.gov.au/webdata/resources/files/Guidelines
_for_Developing_a_training_and_Development_Policy_and_
Plan_2010_WORD.doc)
DME 58718
CEO Checklist
Local Government Association of South Australia
Page 6 of 9
2.7
Internal control policies
[s.125]
(See http://www.lga.sa.gov.au/webdata/resources/files/LGA46777__LGA_Financial_Sustainability_Information_Paper_21__Internal_Financial_Controls_-_April_2009.pdf)
2.8
Strategic management plans – must be comprehensively
reviewed within 2 years of each general election
[s.122(4)(b)]
2.9
Annual Business Plan and Budgets
[s.123(1)]
(See http://www.lga.sa.gov.au/webdata/resources/files/LGA53087__LGA_Financial_Sustainability_Information_Paper_13__Model_Framework_for_Council_Annual_Business_Plans__Updated_March_2010.pdf)
2.10
Long-term financial plan – must be reviewed as soon as
practicable after the adoption of annual business plan
[s.122(4)(a)]
2.11
Register of fees and charges fixed by Council
[s.188]
2.12
Road naming policy – see
http://www.lga.sa.gov.au/webdata/resources/files/LGA52945__Model_Policy_for_the_selection_of_Road_Names.doc
[s.219]
2.13
Order making policy – see
http://www.lga.sa.gov.au/webdata/resources/files/Order_Mak
ing_Policy_WORD.doc
[s.259]
2.13
Internal Review of Council Decisions procedures – see
http://www.lga.sa.gov.au/webdata/resources/files/Internal_R
eview_of_Council_decisions_Discussion_Paper_LGA_2003
_doc1.doc
[s.270(1)]
2.13
Community land
2.14
- 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 http://www.lga.sa.gov.au/site/page.cfm?u=2137)
2.15
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
http://www.lga.sa.gov.au/webdata/resources/files/Undertakin
g_a_Local_Government_Representation_Review_in_South_
Australia_-_Guidelines_for_Councils.pdf)
DME 58718
CEO Checklist
Local Government Association of South Australia
Page 7 of 9
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/webdata/resources/files/Inducting_and_Training_New_Councils_2010_P
DF.pdf
DME 58718
3.1
Lodgement of primary returns – within 6 weeks of election Except returned Members. See LGA Guidelines
http://www.lga.sa.gov.au/webdata/resources/files/Primary_a
nd_Ordinary_Returns.pdf
[s.65]
3.2
Lodgement of ordinary returns – by 29th August each year
for all members. See LGA Guidelines
http://www.lga.sa.gov.au/webdata/resources/files/Primary_a
nd_Ordinary_Returns.pdf
[s.66]
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:
- 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]
3.6
Copy of Local Government (Procedures at Meetings)
Regulations 2000. Also Meeting Procedures Handbook for
Council Members –
http://www.lga.sa.gov.au/webdata/resources/files/LGA_Meeti
ng_Procedures_Handbook.pdf )
3.7
A copy of the 2009/2010 annual report
[s.131]
3.8
Advice about insurance provided for every Member &
spouse or another person accompanying
[s.80]
CEO Checklist
Local Government Association of South Australia
Page 8 of 9
3.9
Organisational structure for staff of the Council
[s.99(2)]
(Possibly link to LGA information paper on Role of Council
Members and Chief Executive Officers in Local
Government http://www.lga.sa.gov.au/webdata/resources/files/Role_of_C
ouncil_Members_and_Chief_Executive_Officers.pdf )
3.10
Overview of HR and OH&S 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.
October 2010
DME 58718
CEO Checklist
Local Government Association of South Australia
Page 9 of 9