General Business
14 November 2013
______
Special Council Meeting
Notice Paper
Thursday 14 November 2013
Order of Business and Index
a)Reading of the Reconciliation Statement and Prayer
b)Apologies
c)[1]Disclosure by Councillors of any conflicts of interest in accordance with Section 79 of the Act
General Business
1.mayoral and councillor allowance: fixing of allowances......
2.Council to Set Term of the Mayor......
3.Election of Mayor......
4.Mayoral Address......
RECONCILIATION STATEMENT
We acknowledge that we are meeting on the traditional land of the Boonwurrung and Wurundjeri people and offer our respects to the elders past and present. We recognise and respect the cultural heritage of this land.
PRAYER
Almighty God, we humbly beseech you, to grant your blessing on this Council, direct and prosper its deliberations to the advancement of your glory, and the true welfare of the people of the City of Stonnington. Amen.
NOTE
Council business is conducted in accordance with Part 4 Division 2 of the Meeting Procedure section of Council’s General Local Law 2008 (No 1). Some copies are available with the agenda or you can find a copy on Council’s website under local laws.
1.mayoral and councillor allowance: fixing of allowances
The Mayoral and Councillor allowances are set under section 74 of the Local Government Act1989. Such allowances are set for four financial years with 2015/16being the final year.
Stonnington Council is a Category 3. The Mayor does not receive a Councillor allowance.The current adopted allowances as adjusted by the Minister for Local Government effective from 27 October 2012 are:-
Mayoral Allowance$85,741pa
Councillor Allowance$26,843pa
plus an equivalent of the Superannuation Guarantee (currently9.25% pa).
(These are the maximum levels payable).
Within six months of the general election on 27 October 2012 or by 30 June 2013, whichever is the later, (sec 74 LGA), Council must review and determine the level of Councillor allowance and Mayoral allowance that will be payable from the range available which will apply for the next four years.
Council at its meeting on 8 April 2013 determined the Councillor and Mayoral Allowance for the next four years as follows:
That Council:
1.confirm that the Councillor and Mayoral allowances be set for the next four years, subject to any change by Order in Council, at:
Councillor$26,843
Mayoral$85,741
2.plus an amount equivalent to the superannuation guarantee contribution - currently 9% and increasing to 9.25% in 2013/14 and subsequent annual increases as per legislative requirements.
Payment of Mayoraland Councillor allowances cannot exceed more than one month in advance.
Recommendation
That the report on the Mayoral and Councillor allowances be received and noted.
2.Council to Set Term of the Mayor
Under section 71 of the Local Government Act 1989Councillors must elect a Councillor to be the Mayor at a meeting of the Council that is open to the public.
Further the Council may resolve to elect a Mayor for a term of two years. This decision must be made before the Mayor is elected.
Where the Mayor is elected for a term of two years, the next Mayoral election must be made after the fourth Saturday in October but not later than 30 November in the second year after the previous Mayoral election.
If no decision is made by Council, the term of the Mayor remains as one year.
Recommendation
That the Mayoral term be set as one year.
OR.
That the Mayoral term be set as two years.
3.Election of Mayor
Councillors must elect a Councillor to be the Mayor at a meeting that is open to the public. The election of the Mayor must done by a show of hands and not by secret ballot.
Council’s General Local Law 2008 (No 1) provides for the election of the Mayor to be in accordance with the following procedure:
- The Returning Officer must invite nominations for the office of Mayor. If there is only one nomination (which must be seconded), the candidate nominated is deemed to be elected.
- If there is more than one nomination (each of which must be seconded), the Councillors present at the meeting must vote for one of the candidates by a show of hands.
- If a candidate receives an absolute majority of the votes, that candidate is declared to have been elected.
- If no candidate receives an absolute majority of the votes, the candidate with the fewest number of votes is declared to be a defeated candidate. The Councillors present at the meeting must then vote for one of the remaining candidates by a further show of hands. This procedure shall continue until one of the candidates has an absolute majority.
- In the event of two or more candidates having an equality of votes and one of them having to be declared:
i)a defeated candidate; or
ii)duly elected
the result must be determined by lot.
- If a lot is conducted, the Returning Officer has the conduct of the lot.
After the Mayor is determined, he/she must take the chair.
4.Mayoral Address
Page 1
[1]Note that s.79(1)(a) of the Act requires Councillors to disclose the nature of a conflict of interest immediately before the relevant consideration or discussion