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POLICY ON CIVIC OFFICE EXPENSES AND FACILITIES
Adopted by Council ………2005
FINAL DRAFT
G:\Docs\Policies\Civic Office Expenses & Facilities\Draft Policy on Civic Office Expenses and Facilities 26Sep05.doc
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INDEX
1 / INTRODUCTION / 22 / LEGISLATIVE PROVISIONS / 2
3 / OBJECTIVES / 3
4 / WHO DOES THIS POLICY APPLY TO / 4
5 / CONFERENCES & SEMINARS / 4
6 / OVERSEAS TRAVEL / 5
7 / TRAVEL EXPENSES / 5
8 / INSURANCE / 7
9 / LEGAL ASSISTANCE FOR COUNCILLORS / 7
10 / FACILITIES / 9
11 / RETENTION OF EQUIPMENT ISSUED TO COUNCILLORS / 15
12 / ACCOUNTABILITY / 15
ANNEXURE 1 – CONFERENCES AND SEMINARS / 16
ANNEXURE 2 - CABCHARGE USAGE POLICY / 19
1.INTRODUCTION
In accordance with the Local Government Act 1993 the Council is required to adopt a policy concerning the payment of expenses incurred by and the provision of facilities to the Lord Mayor, Deputy Lord Mayor and other Councillors in relation to their roles as elected persons and members of the governing body of the Council. The provision of such facilities and expenses assist Councillors in carrying out their civic duties. Furthermore it provides reasonable recompense for expenses incurred whilst they remain a Councillor of Parramatta City Council.
The Code of Conduct provides that you must use Council property, facilities and equipment ethically, efficiently, economically and carefully and not use them for private purposes. Further you must not allow others to abuse these resources.
A simple test when these issues arise is to ask yourself the question ‘what would an impartial observer think of the action or occurrence’. It is important that at all times you act in a manner that enhances community confidence in our Council. The citizens of the Parramatta local government area expect you to set a good example and display the highest ethical standards.
2.LEGISLATIVE PROVISIONS
The Local Government Act 1993 provides:-
252 Payment of expenses and provision of facilities
1) Within 5 months after the end of each year, a council must adopt a policy concerning the payment of expenses incurred or to be incurred by, and the provision of facilities to, the mayor, the deputy mayor (if there is one) and the other councillors in relation to discharging the functions of civic office.
(2) The policy may provide for fees payable under this Division to be reduced by an amount representing the private benefit to the mayor or a councillor of a facility provided by the council to the mayor or councillor.
(3) A council must not pay any expenses incurred or to be incurred by, or provide any facilities to, the mayor, the deputy mayor (if there is one) or a councillor otherwise than in accordance with a policy under this section.
(4) A council may from time to time amend a policy under this section.
(5) A policy under this section must comply with the provisions of this Act, the regulations and any relevant guidelines issued under section 23A.
253Requirements before policy concerning expenses and facilities can be adopted or amended
(1) A council must give public notice of its intention to adopt or amend a policy for the payment of expenses or provision of facilities allowing at least 28 days for the making of public submissions.
(2) Before adopting or amending the policy, the council must consider any submissions made within the time allowed for submissions and make any appropriate changes to the draft policy or amendment.
(3) Despite subsections (1) and (2), a council need not give public notice of a proposed amendment to its policy for the payment of expenses or provision of facilities if the council is of the opinion that the proposed amendment is not substantial.
(4) Within 28 days after adopting a policy or making an amendment to a policy for which public notice is required to be given under this section, a council is to forward to the Director-General:
(a) a copy of the policy or amendment together with details of all submissions received in accordance with subsection (1), and
(b) a statement setting out, for each submission, the council’s response to the submission and the reasons for the council’s response, and
(c) a copy of the notice given under subsection (1).
(5) A council must comply with this section when proposing to adopt a policy each year in accordance with section 252 (1) even if the council proposes to adopt a policy that is the same as its existing policy.
Restrictions On Private Use
The Code of Conduct states that Council's equipment and resources must not be used for private business and in particular for political purposes namely Council Elections and the like, other than as provided in this Code.
3. OBJECTIVES
In applying the provisions of the legislation, Parramatta City Council has adopted certain objectives. They are:-
1.To ensure that the Lord Mayor, as the first citizen of the City of Parramatta, as the leader of the governing body of the Council and as the principal spokesperson on Council policy and attitude is reimbursed for expenses reasonably incurred in performing the role of Lord Mayor and is provided with a standard and range of facilities appropriate to the importance of the office.
2.To ensure that the Councillors of the City of Parramatta in their dual roles as members of the governing body of the Council and as elected persons are reimbursed for expenses reasonably incurred in the performance of the role and are provided with a standard and range of facilities to assist in discharging the functions of civic office.
In adopting these objectives, Council recognizes that it values family friendly principles. Council will assist its Councillors in the performance of their duties in accordance with these principles.
4. WHO DOES THE POLICY APPLY TO?
This policy applies to all current Councillors of Parramatta City Council. The facilities provided to the position of the Lord Mayor and Deputy Lord Mayor only apply whilst a Councillor holds either of these positions.
This means that upon ceasing to hold civic office in either capacity, then the standard facilities provided to Councillors would apply. Furthermore, once a Councillor fails to be re-elected, the person ceases to have access to any Council resources and facilities and must return to Council immediately all resources and equipment (except as provided in the Clause - Retention of Equipment issued to Councillors).
Benefits such as a security access card will be invalidated to prevent unauthorised use.
5. CONFERENCES AND SEMINARS
Attendance by Councillors at conferences will be in accordance with the criteria and categories shown in Annexure 1.
For attendance at authorised Conferences, seminars and the like, Council will organise and pay:-
(a) Registration and associated conference costs including official lunches, dinners and tours as well as travel and accommodation costs.
(b)The standard of travel to be paid by the Council is to be economy class air, hire car, rail, taxi or where a private vehicle is used, then at the award rate per kilometre (as set inLocal Government State Award 2004 – rate will be varied as the award varies).
(c)Council will reimburse expenses incurred while at authorised conferences, seminars, training and official functions to a limit of the allowance applicable in the NSW Government Public Service Allowance standard travel and allowances scale. This will cover Councillors’ out of pocket expenses that are not able to be prepaid by Council and in the conference fee eg. some meals, phone calls etc. A claim for such expenses must be made. Councillors may request payment in advance in anticipation of such costs but must substantiate the expenses with a claim for payment with receipts and must reimburse any funds not expended on expenses.
(d)Council will not pay for the travelling, accommodation or sustenance expenses of spouses subject to any variation where special circumstances exist and as approved by the Lord Mayor or General Manager in accordance with the provisions of the Local Government Act 1993.
(e)A member who is elected as an office bearer of a relevant Industry Association or not-for-profit boards such as the Institute for Public/Private partnershipswith Council's endorsement is entitled to be reimbursed in accordance with this Policy for travel, accommodation and sustenance expenses within Australia not met by the Industry Association concerned.
Note In the event that a councilor arranges own travel, then Council will reimburse the actual cost of the travel paid for by the Councillorin accordance with this policy.
6. OVERSEAS TRAVEL
Plans for any such travel should be transparent to the community and have an identifiable benefit to the local area through council activity.
Any proposal for overseas travel related to the functions of Council shall be presented to Council for determination prior to the travel being undertaken.
In the event that the issue is urgent and arises between meetings or whilst Council is in recess, the Lord Mayor shall determine the matter and report to Council as soon as practicable.
Interstate and overseas travel will be reported through Council’s Annual Report.
7. TRAVEL EXPENSES
The cost of official Council travel will only be paid once by Council. Possible options for payment of local travel include:-
Payment by cabcharge
Payment of bus/ train/ ferry fares through petty cash
Payment of mileage allowance for the use of private vehicle
Use of Council car using Shell card
7.1Use of Cabcharge
Cabcharge be made available to all elected members who request same, for use when travelling on business which in the opinion of the Councillor concerned, is bona fide Council business under the following conditions:-
(a)Cabcharge Cards may be used by Members when travelling:-
- to and from meetings of the Council or its Committees.
- to and from SydneyAirport when attending Conferences as approved by Council
- On inspections within the Council's area, in association with the business of the Council or in exercising civic duties, or in accordance with resolutions of the Council.
- In association with attendance at meetings, conferences or seminars in accordance with resolutions of the Council.
- For Community consultation in relation to Council activities .
(b)Council will only be responsible for those travel costs incurred which are associated with the business of the Council. Cardholders will be required to meet costs related to private travel, such costs to be paid by Councillors direct to Council or the amount deducted from their allowance, whichever agreement is reached between the Councillor and the General Manager.
Note:-Cabcharge accounts will be checked, upon receipt, to ensure that the cabcharge was used on authorised activities only.
See Council’s Cabcharge Usage Policy and Procedures( Annexure 2)
7.2Use of Private Vehicle
Councillors may use their private vehicle for Council business within New South Wales. A Councillor who uses his/her private vehicle in the discharge of his/her civic office shall be entitled to be reimbursed for such use at the rate of 0.60¢ per kilometre (as set inLocal Government State Award 2004– rate will be varied as the award varies).Evidence of a current comprehensive insurance policy will be required to enable claim payment.
Note:Reimbursement for the use of a private vehicle on official Council business covers all costs associated with that use. Such costs include tyres, engine repairs, petrol, oil,insurance and associated incidental costs.
8. INSURANCE
Councillors are to receive the benefit of insurance cover whilst in or on any activity directly or indirectly connected with or on behalf of Council including whilst travelling to and/or from such activity. Such injury being bodily injury caused by violent, accidental, external and visible means and including death, permanent disablement, temporary total disablement, bed care benefit and non medical expenses but not including medical expenses, subject to the conditions and limitations of Council's personal accident insurance policy current at the time of occurrence of the injury as follows :-
8.1Personal Injury
Whilst ever on Council authorisedbusiness, worldwide, covering bodily injury caused by accidental, violent, external and visible means up to a sublimit for death and capital limits of $350,000 BUT subject to any limitation or conditions set out in the policy of insurance which is taken out at the direction of Council. Also covering permanent disablement, temporary total disability and temporary partial disability. The cover does not include medical expenses.
8.2Professional Indemnity
For matters arising out of Councillors' performance of civic duties or exercise of their functions as Councillors provided the performance or exercise of the relevant civic duty or function is in the opinion of Council bona fide and/or proper and is carried out in good faith, as required under Section 731 of the Local Government Act, BUT subject to any limitation or conditions set out in the policy of insurance which is taken out at the direction of Council.
8.3Public Liability
For matters arising out of Councillors' performance of civic duties or exercise of their functions as Councillors, carried out in good faith BUT subject to any limitations or conditions set out in the policy of insurance which is, at the direction of Council, taken out.
9.LEGAL ASSISTANCE FOR COUNCILLORS
In the event of:-
9.1An inquiry, investigation or hearing by any of:-
- The Independent Commission Against Corruption
- The Office of the Ombudsman
- The Department of Local Government and Co-operatives
- The Police
- The Director of Public Prosecutions
- The Local Government Pecuniary Interest Tribunal
- The Council into the conduct of a Councillor; or
9.2Legal Proceedings being taken by or against a Councillor, arising out of or in connection with the Councillors' performance of his or her civic duties or exercise of his or her functions as a Councillor:-
Council shall reimburse such Councillor, after the conclusion of the inquiry, investigation, hearing or proceeding, for all legal expenses properly and reasonably incurred, given the nature of the inquiry, investigation, hearing or proceeding, on a solicitor/client basis,
PROVIDED THAT
(i)The amount of such reimbursement shall be reduced by the amount of any monies that may be or are recouped by the Councillor on any basis.
(ii)The Councillors' performance or exercise of the civic duty or function was in the opinion of Council bona fide and/or proper.
(iii)The amount of such reimbursement in respect of solicitors fees be limited to the extent that only fees charged at a rate equivalent to the hourly rate then being charged by Council's solicitor will be paid, i.e. any portion of the expenses representing any hourly charge rate higher than the then hourly charge rate of Council's solicitor will not be reimbursed. Where Counsel is used reimbursement is to be submitted to Council for approval.
(iv)The finding of any inquiry, investigation, hearing or proceeding is substantially favourable to the Councillor.
9.3Defamation Proceedings
In the event that defamation proceedings are taken or threatened to be taken against a Councillor arising out of comments or actions of that Councillor in a Council meeting or on Council related business eg on-site meetings and the like and providing that Council is satisfied that such comments were made during the consideration of Council business, in good faith and without malice, Council shall consider and if it feels appropriate, resolve to indemnify or reimburse such Councillor, , all legal expenses properly and reasonably incurred, given the nature of the inquiry, investigation, hearing or proceedings on a solicitor/client basis PROVIDED THAT
(i)The amount of such reimbursement shall be reduced by the amount of any monies that may be or are recouped by the Councillor on any basis.
(ii)The amount of such reimbursement in respect of solicitors' fees be limited to the extent that only fees charged at a rate equivalent to the hourly rate than being charged by Council's solicitor will be paid i.e., any portion of the expenses representing any hourly charge rate higher than the then hourly charge rate of Council's solicitor will not be reimbursed.
(iii)Any reimbursement shall not include any damages awarded against the Councillor.
(iv)Any reimbursement shall not include any action by one Councillor against another Councillor.
10.FACILITIES
10.1Councillors
Councillors are provided with the following resources and facilities only to be used in the exercising of their Civic Duties:-
(a)Stationery
-Use of personalised letter head and business cards.
-Supply of up to 150 Council Christmas Cards per year.
(b)Secretarial Assistance
Word processing and administrative support provided by the Councillors’ Support Officers. This support includes typing and photocopying of information to residents relating to such matters as precinct meetings, Council decisions relating directly to their area and follow up work which can be expected from Council. At no time is such assistance to be connected in any way with campaign type brochures.
(c)Computers
Supply of a suitable notebook computer, scanner and printer for use in connection with civic duties, including Electronic Business Paper. In addition, a Councillor may use the computer and printer for private purposes, subject to the following conditions:-
(i)Council's Information Technology division arranging installation of any software as well as any configuration of notebooks considered necessary for protection of Council applications.
(ii)Any licensing requirements relating to the software are met.
(iii)Use of the equipment is in accordance with Council’s Code of Conduct.
Note:This supply includes the provision of suitable data and power connections.
The standard of equipment supplied will be that which is presently under contract to Council.
(d)Meetings Meals and Refreshments
Provisions of meals and refreshments associated with Council meetings, workshops and Council related business
(e)Councillors' Offices
Will be made available at the Council Chamber Building and Granville Town Hall for use by Councillors, they will be equipped with a telephone, photocopier, stationery and appropriate refreshments.
(f)Attache Case/Pilot Case and Executive Portfolio (with Calculator)
Will be issued, on loan, on request.
(g)Electronic Equipment
Electronic equipment of an appropriate capacity, in accordance with Council’s current supply contract, will be issued, on loan, for use in the conduct of Council business. This equipment will include items such as Palm pilots, Blackberry devices and the like.