City of Bunbury Prospective Elected Members Forum Presented by: - PowerPoint PPT Presentation

City of Bunbury Prospective Elected Members Forum Presented by: James McGovern - Manager, Governance

Introduction • About Local Government • Roles and Responsibilities • Meetings of Council • Declarations of Interest • Impacts on Home Life • Frequently Asked Questions • Resources and Training • Q&A Session

Section 1 About Local Government

A Quick Snapshot Section 1: About Local Government • 139 Councils with 1220 Elected Officials representing 2,587,000 constituents employing a total workforce of 22,000 (15,000 FTE) • Spending $4.1 Billion per year, which is 7.3% of the Public Sector spend. • Total Assets of $39.9 Billion • 79% of the Population in the Metropolitan area with 21% in the Regions

Constitutional Arrangements Section 1: About Local Government The “ Grass Roots ” form of Government

Legislation Section 1: About Local Government The Act is a ‘ general competence powers ’ legislation. Did you know? A Local Government can do anything required to provide for good governance that does not conflict with legislation or common law . Body Corporate Created by State Parliament

www.slp.wa.gov.au

Local Government Diversity Section 1: About Local Government People Property Regulatory Services Services Services Local Government Town planning and building controls, residential waste collection, fire control, dog and cat management, swimming pool inspections and food must provide: and public health inspections. Sport and recreation facilities , home and community care, local roads Local Government and footpaths, community safety and amenity, cultural activities, community events , public libraries, seniors and child care services, can provide: local environmental management and protection, tourism initiatives and fostering economic development.

Section 2 Roles and Responsibilities

Role of Council Section 2: Roles and Responsibilities Role of Council 1. The Council Governs the Local Government’s affairs; and a) b) is responsible for the performance of the Local Government’s functions. 2. Without limiting subsection (1), the Council is to oversee the allocation of the Local Government’s a) finances and resources; and determine the Local Government’s policies. b) Local Government Act 1995 s2.7

Role of Councillors Section 2: Roles and Responsibilities Role of Councillors A Councillor a) represents the interests of electors , ratepayers and residents of the district; and b) provides leadership and guidance to the community in the district; and c)  facilitates communication between the community and the Council; and participates in the Local Government’s decision-making d) processes at Council and Committee meetings; and e) performs such other functions as are given to a Councillor by this Act or any other written law. Local Government Act 1995 s2.10

Role of Mayor/President Section 2: Roles and Responsibilities Role of Mayor or President The Mayor or President a) presides at meetings in accordance with this Act; and b) provides leaderships and guidance to the community in the district; and c) carries out civic and ceremonial duties on behalf of the Local Government; and d) speaks on behalf of the Local Government; and e) performs such other functions as are given to the Mayor or President by this Act or any other written law; and liaises with the CEO on the Local Government’s affairs and f) the performance of its functions. Local Government Act 1995 s2.8

Functions of Chief Executive Officer Section 2: Roles and Responsibilities a)  advise the Council in relation to the functions of a Local Government under this Act and other written laws; and b) ensure that advice and information is available to the Council so that informed decisions can be made; and c) cause Council decisions to be implemented ; and d) manage the day to day operations of the Local Government; and  liaise with the Mayor or President on the Local Government’s affairs and the performance of e) the Local Government’s functions; and f)  speak on behalf of the Local Government if the Mayor or President agrees; and g) be responsible for the employment , management supervision , direction and dismissal of other employees (subject to section 5.37(2) in relation to senior employees); and h) ensure that records and documents of the Local Government are properly kept for the purposes of this Act and any other written law; and i) perform any other function specified or delegated by the Local Government or imposed under this Act or any other written law as a function to be performed by the CEO. Local Government Act 1995 s5.41

Separation of Roles and Functions Section 2: Roles and Responsibilities The Administration The Council • Primary adviser to the • Council Sets the future direction • • Provides information Decides policy • • Implements Council Allocates the funding to decisions meet resource needs • • Employs and supervises Decides on the level of staff community services • • Manages all the Responsible Authority for operations of Local Land Use Planning Government

Board-like Behaviour Section 2: Roles and Responsibilities VS Require careful Use resources to Must obey the laws Similar Structure management and achieve objectives of the land oversight

Board-like Behaviour Section 2: Roles and Responsibilities

Declaration of Office Section 2: Roles and Responsibilities

Rules of Conduct Section 2: Roles and Responsibilities The Rules of Conduct Regulations cover the following key areas: a) standards of general behaviour; b) use of information; c) securing unauthorised advantages or disadvantages; d) misuse of resources; e) prohibition against involvement in administration; f) relations with Local Government employees; g) disclosing certain interests (not financial) ; and h) restriction on receiving, and disclosure of, certain gifts .

Code of Conduct Section 2: Roles and Responsibilities “The purpose of a Code of Conduct is to set out principles and standards of conduct and integrity for Councillors, to inform the public of the conduct it is entitled to expect and to uphold public confidence in Local Government .”

Section 3 Meetings of Council

Council Meetings Section 3: Meetings of Council • Councils consist of democratically elected representatives who are elected to represent the community, provide leadership and guidance and facilitate communication between the community and the Council. • The important work of a Council occurs at formal meetings where legal, binding decisions are made. • The Mayor or President presides at Council meetings.

Council Meetings are About... Section 3: Meetings of Council Typically most meetings deal with: • Policy and Strategy; • Dealing with development applications; • Major Projects; • Annual budget and monthly financial management reports; • Range, scope and delivery of services; and • Monitoring performance and compliance.

Council Meetings Skills Section 3: Meetings of Council A number of things contribute to Councillors successfully participating in meetings: • Being well prepared • Annual budget and monthly financial management reports • Joining in the debate • Be an objective decision maker; prepare to be influenced, and to influence others

Conduct the Meeting Section 3: Meetings of Council The Local Government Act 1995 stipulates: Attendance Elected Members have an obligation to attend meetings and may be disqualified for failure to do so - s.2.10 and s.5.19 Quorum at least 50% of the number of offices (vacant or not) of member of the Council / Committee e.g. a Council has 13 offices, 7 members are required to form a quorum s.5.19 Presiding at Mayor or President at all meetings of the Council s.2.8, s.5.66, the Meeting s.5.12 and s.5.14 Voting All Elected Members present must vote unless a disclosure of interest requires them to leave meeting. No vote is to be in secret. s.5.21

Conduct the Meeting cont. Section 3: Meetings of Council The Local Government Act 1995 stipulates: Simple more than half the members present entitled to vote (provided Majority quorum achieved) s.5.21; s.54(2)(b) Interpretation Act 1984 Absolute at least 50% of the number of offices (vacant or not) of member Majority of the Council / Committee e.g. a Council has 9 offices, 5 members are required to achieve absolute majority s.1.4 Casting Vote In the event of an equality of votes, the Presiding Member is to vote a second time. A casting vote cannot be used to achieve absolute majority s.5.21(3)

Meeting Rules Section 3: Meetings of Council Many Local Governments have adopted a Standing Orders Local Law to guide their meeting procedures.

Qualified Privilege Section 3: Meetings of Council An important principle applying to Local Government Council meetings is one of ‘ Qualified Privilege ’. Absolute Privilege As opposed to Parliamentary Privilege/Absolute Privilege , a member of Council has limited defences available to them should they be the subject of a claim for damages based on alleged or actual defamatory statements made by him or her when speaking before, or on behalf of, the Council. Qualified Privilege

Section 4 Declarations of Interest