Council AGENDA
Monday 21 March 2016
Commencing 6 pm
Council Chamber, Moreland Civic Centre, 90 Bell Street, Coburg
Council Meeting 21 March 2016 1
1. WELCOME
2. APOLOGIES
3. DECLARATION OF INTERESTS AND/OR CONFLICT OF INTERESTS
4. COUNCIL REPORTS
Corporate Services
DCS12/16 Election Period Policy (D16/76224) 3
Council Meeting 21 March 2016 2
DCS12/16 Election Period Policy (D16/76224)
Director Corporate Services
Governance
Executive Summary
The Local Government Amendment (Improved Governance) Act 2015 requires Council to prepare, adopt and maintain an Election Period Policy in relation to procedures to be applied by Council during the election period for a general election. The Policy must be prepared and adopted by 31March 2016 and following the election in October 2016, the Policy must be reviewed and if required amended not later than 12 months before the commencement of each subsequent general election period.
The Election Period Policy must include certain provisions:
· Prohibiting major policy decisions
· Preventing inappropriate decisions and misuse of resources
· Limiting public consultation and Council events
· Equitable access to Council information.
Any additional information in the policy is at the discretion of Council.
RecommendationCouncil resolves to adopt the Election Period Policy at Attachment 1.
REPORT
1. Policy Context
The Local Government Amendment (Improved Governance) Act 2015 requires Council to prepare, adopt and maintain an Election Period Policy in relation to procedures to be applied by Council during the election period for a general election.
2. Background
Council has previously adopted a Pre-Election Caretaker Period Policy (DCS16-CL) to inform staff and Councillors of the requirements during the caretaker period. Recent legislative changes arising from the Local Government Amendment (Improved Governance) Act 2015 have renamed this policy to the Election Period Policy. This Policy is required to be adopted by Council by the end of March 2016.
The Draft Election Period Policy is at Attachment 1.
3. Issues
Major policy decisions
Section 93A of the Act prohibits the making of ‘Major Policy Decisions’ during the election period. Major Policy decisions mean any decision:
· Relating to the employment or remuneration of a Chief Executive Officer, other than a decision to appoint an acting Chief Executive Officer;
· To terminate the appointment of the Chief Executive Officer under section 94 of the Act;
· To enter into a contract the total value of which exceeds whichever is the greater of $150,000 or 1% ($1,166,000) of the Council’s revenue from rates in the preceding financial year; and
· To exercise any power under section 193 (entrepreneurial powers) of the Act if the sum assessed under section 193(5A) in respect of the proposal exceeds whichever is the greater of $100,000 or 1% ($1,166,000) of the Council’s revenue from rates in the preceding financial year.
Preventing inappropriate decisions and misuse of resources
In addition to the decisions specified in section 93A of the Act, the Council will avoid making other ‘inappropriate’ decisions during the election period. Inappropriate decisions are those that would affect voting at an election or decisions that may unreasonably bind an incoming Council and could be deferred until after the election.
Council resources will not be used inappropriately in ways that may influence voting in an election. This includes financial, human and material resources.
Limiting public consultation and Council events
Public consultation is an integral part of Council’s policy development process and operations, however, there are concerns that consultation undertaken close to a general election may become an issue in itself and influence voting. Council events in the lead up to an election can also raise concerns over the potential use of sitting Councillors using them for electioneering purposes. If consultation must be undertaken or an event held during this time, the Council must justify to the community the special circumstances making it necessary and how the risks influencing the election will be mitigated or prevented.
This policy therefore suggests that no public consultation under s223 of the Act will be conducted during this period, civic events will cease during this time and no election material or active campaigning is to be conducted at Council sponsored festivals.
Equitable access to Council information
The Council recognises that all election candidates have a right to information from the Council administration. However, it is important that sitting Councillors continue to receive information that is necessary to fulfil their elected roles. Neither Councillors nor candidates will receive information or advice from Council staff that might be perceived to support election campaigns, and transparency will be observed and practised in the provision of all information and advice during the Election Period.
An Information Request Register will be maintained by the Governance Branch during the Election Period. This Register will be a public document that records all requests for information by Councillors and candidates, and the responses given to those requests. Only information that can be reasonably accessed will be released.
Human Rights Consideration
The implications of this report have been assessed in accordance with the requirements of the Charter of Human Rights and Responsibilities.
4. Consultation
Councillors were consulted on this Policy at an Issues and Discussion Workshop on 7 March 2016.
5. Officer Declaration of Conflict of Interest
Council Officers involved in the preparation of this report have no Conflict of Interest in this matter.
6. Financial and Resources Implications
There are no financial implications in relation to this policy, all resource implications will be met through the Governance Branch.
7. Implementation
The requirements of this policy will be monitored throughout the caretaker period to ensure compliance. The policy will be further reviewed and updated not later than 12 months before the commencement of each subsequent general election period.
Upon adoption, the Election Period Policy will be made available to all Councillors, placed on Council’s website and available for inspection.
Briefing sessions will be held for Council staff.
Attachment/s
1 / Draft Election Period Policy / D16/80781Council Meeting 21 March 2016 5
Draft Election Period Policy / Attachment 1Council Meeting 21 March 2016 11