Presentation Friday 4 November 2016 Councillors Mayor Council - PowerPoint PPT Presentation

Presentation – Friday 4 November 2016

 Councillors  Mayor  Council  Council staff (including CEO)  Local community  General

 What is the role of a Councillor?  Councillor allowances and reimbursement of expenses  Indemnity  Councillor Code of Conduct  Misuse of position  Improper direction  Confidential information  Conflicts of interest  Disqualifications

The role of a Councillor is to –  participate in decision ‐ making of the Council;  to represent the local community in that decision ‐ making; and  to contribute to the strategic direction of the Council through the development and review of key strategic documents (e.g. Council Plan).

(Cont.) In performing the role of a Councillor, a Councillor must –  consider the diversity of interests and needs of the local community;  observe principles of good governance and act with integrity;  provide civic leadership in relation to the exercise of the various functions and responsibilities of the Council;  participate in the responsible allocation of the resources of Council through the annual budget; and  facilitate effective communication between the Council and the community.

A Council must reimburse a Councillor for expenses if the Councillor—  applies in writing to the Council for reimbursement of expenses; and  establishes in that application that the expenses were out ‐ of ‐ pocket expenses incurred –  reasonably;  in good faith (bona fide); and  during the course of the performance of duties as a Councillor. (Refer to Councillors and Members of Council Committees Expense Entitlements & Resources Policy)

A Council must indemnify and keep indemnified each Councillor against all actions or claims (whether arising during or after the term of office or employment of that Councillor) in respect of any act or thing done or omitted to be done in good faith in the exercise or purported exercise of any function or power conferred on the Council or any Councillor by or under the Local Government Act 1989 or any other Act.

• Act with integrity • Impartially exercise the Councillor’s responsibilities in the interests of the local community • Not improperly seek to confer an advantage or disadvantage on any person

 Avoid conflicts between their public duties as a Councillor and their personal interests and obligations  Act honestly and avoid statements (whether oral or in writing) or actions that will or are likely to mislead or deceive a person  Treat all persons with respect and have due regard to the opinions, beliefs, rights and responsibilities of other Councillors, Council staff and other persons  Exercise reasonable care and diligence and submit themselves to the lawful scrutiny that is appropriate to their office

 endeavour to ensure that public resources are used prudently and solely in the public interest  act lawfully and in accordance with the trust placed in them as an elected representative  support and promote these principles by leadership and example and act in a way that secures and preserves public confidence in the office of Councillor

Council’s legal representative will be covering the following topics pertaining to the Councillor Code of Conduct on Wednesday 16 November:  Primary conduct principles  General Councillor conduct principles  Principal Conduct Officer  Sanctions  Misconducts/Serious Misconducts/Gross Misconducts  Councillor code of conduct panel

Conduct that may result in misuse of position includes –  making improper use of information acquired as a result of the position which is held  disclosing confidential information  directing or improperly influencing, or seeking to direct or improperly influence a member of Council staff  exercising or performing, or purporting to exercise or perform, a power, duty or function that he or she is not authorised to exercise or perform  utilising public funds in an improper or unauthorised manner  failing to disclose a conflict of interest Penalty: $90,000/5 years imprisonment/7 years disqualification

 A Councillor must not direct, or seek to direct a member of Council staff in relation to –  the exercise of a delegated power, or the performance of a delegated duty or function of the Council;  the exercise of a power or the performance of a duty or function exercised or performed by the member as an authorised officer under the Act or any other Act;  the exercise of a power or the performance of a duty or function the member exercises or performs in an office or position the member holds under another Act; or  advice provided to the Council or a special committee, including advice in a report to the Council or special committee. Penalty: $18,000.

Council’s legal representative will be covering the following topics pertaining to all matters pertaining to conflict of interest on Wednesday 16 November:  Direct interest ‐ s.77B  Indirect interests  s.78 – by close association  s.78A – indirect financial interest  s.78B – conflicting duties  s.78C – receipt of an applicable gift  s.78D – as a consequence of becoming an interested party  s.78E – impact on residential amenity

 Election of Mayor (s.71)  Precedence of Mayor (s.73)  Functions of Mayor (s.73AA)

• At a meeting of the Council that is open to the public, the Councillors must elect a Councillor to be the Mayor of the Council (Council can resolve to elect a Mayor for a term of 2 years). • The Mayor is to be elected after the fourth Saturday in October but not later than 30 November in each year (or 2 years if the Council resolves to elect a Mayor for a term of 2 years).

 The Mayor of a Council takes precedence at all municipal proceedings.  The Mayor must take the chair at all meetings of the Council when present.  If there is a vacancy in the office of Mayor or the Mayor is absent, incapable of acting or refusing to act, the Council must appoint one of the Councillors to be the acting Mayor.  An acting Mayor may perform any function or exercise any power conferred on the Mayor.

The functions of the Mayor of a Council include –  providing guidance to Councillors about what is expected of a Councillor; and  acting as the principal spokesperson for the Council; and  supporting good working relations between Councillors; and  carrying out the civic and ceremonial duties of the office of Mayor.

 Preamble (s.1);  Interpretation of Act (s.1A);  What is the purpose of local government? (s.3A);  How is a Council constituted? (s.3B);  Objectives of a Council (s.3C);  What is the role of a Council? (s.3D);  What are the functions of a Council? (s.3E);  What are the powers of Councils? (s.3F);  The Council (s.5)

 Types of meetings (s.83)  Special meetings (s.84)  Special committees (s.86)  Meetings to be open to the public (s.89)  Voting (s.90)  Conduct of meetings (s.91)  Minutes of meetings (s.93)  Delegation (s.98)

Local government is a distinct and essential tier of government consisting of democratically elected Councils having the functions and powers that the Parliament considers are necessary to ensure the peace, order and good government of each municipal district.

It is the role of Councils in exercising those functions and powers to work in partnership with the Governments of Victoria and Australia.

It is necessary to ensure that the Councillors who comprise each Council are democratically elected by persons entitled to vote at municipal elections and that the Council is responsible and accountable to the local community.

It is the role of the Council to provide governance and leadership for the local community through advocacy, decision making and action.

It is essential that there is a legislative framework that provides for Councils to be accountable to their local communities in the performance of functions and the exercise of powers and the use of resources.

The purpose of local government is to provide a system under which Councils perform the functions and exercise the powers conferred by or under this Act and any other Act for the peace, order and good government of their municipal districts.

A Council consists of its Councillors who are democratically elected in accordance with this Act.

(1) The primary objective of a Council is to endeavour to achieve the best outcomes for the local community having regard to the long term and cumulative effects of decisions. (2) In seeking to achieve its primary objective, a Council must have regard to the following facilitating objectives — (a) to promote the social, economic and environmental viability and sustainability of the municipal district; (b) to ensure that resources are used efficiently and effectively and services are provided in accordance with the Best Value Principles to best meet the needs of the local community;

(c) to improve the overall quality of life of people in the local community; (d) to promote appropriate business and employment opportunities; (e) to ensure that services and facilities provided by the Council are accessible and equitable; (f) to ensure the equitable imposition of rates and charges; and (g) to ensure transparency and accountability in Council decision making.