code of conduct for council members · 2.5 ensure that personal comments to the media or other...

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Code of Conduct for Council Members

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ContentsIntroduction ...............................................................................................................3

Part 1 - Principles .......................................................................................................4

Part 2 - Behavioural code ...........................................................................................5

Part 3 - Misconduct ....................................................................................................9

Appendix - Criminal matters ....................................................................................13

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Introduction

The Code of Conduct for Council Members (Code) commenced by regulation on 1 September 2013.

It is the personal responsibility of Council members to ensure that they are familiar with, and comply with, the requirements of the Code at all times.

This handbook has been developed for the use of Elected Members and for public information.

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Council members will comply with all legislative requirements of their role and abide by this Code of Conduct.

The Code contains three (3) parts as follows:• Part 1- Principles• Part 2 - Behavioural Code• Part 3 - Misconduct.

The appendix deals with criminal matters.

These parts and the appendix are detailed below.

Part 1 - PrinciplesHigher principles— Overarching Statement

This part does not constitute separate enforceable standards of conduct. Council members in South Australia have a commitment to serve the best interests of the people within the community they represent and to discharge their duties conscientiously, to the best of their ability, and for public, not private, benefit at all times. Council members will work together constructively as a Council and will uphold the values of honesty, integrity, accountability and transparency, and in turn, foster community confidence and trust in Local Government. As representatives of open, responsive and accountable government, Council members are committed to considering all relevant information and opinions, giving each due weight,

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in line with the Council’s community consultation obligations. In the performance of their role, Council members will take account of the diverse current and future needs of the local community in decision-making, provide leadership and promote the interests of the Council. Council members will make every endeavour to ensure that they have current knowledge of both statutory requirements and best practice relevant to their position. All Councils are expected to provide training and education opportunities that will assist members to meet their responsibilities under the Local Government Act 1999. Council members will comply with all legislative requirements of their role and abide by this Code of Conduct.

Part 2 - Behavioural code

In line with ‘Part 1—Higher Principles’ of this Code, the following behaviour is considered essential to upholding the principles of good governance in Councils. This Part is for the management of the conduct of Council members that does not meet the reasonable community expectations of the conduct of Council members. It deals with conduct that does not, and is not likely to, constitute a breach of Part 3 — Misconduct or criminal matters such as those contained in the Appendix to this document. Robust debate within Councils that is conducted in a respectful manner is not a breach of this Part. It is intended that each Council will adopt a process for the handling of alleged breaches of this Part. This process will be reviewed within 12 months of a general Local Government election.

Council members must: General behaviour2.1 Show commitment and

discharge duties conscientiously. 2.2 Act in a way that generates

community trust and confidence in the Council.

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2.3 Act in a reasonable, just, respectful and non-discriminatory way when dealing with people.

2.4 Show respect for others if making comments publicly.

2.5 Ensure that personal comments to the media or other public comments, on Council decisions and other matters, clearly indicate that it is a private view, and not that of the Council.

Responsibilities as a member of Council2.6 Comply with all Council policies,

codes and resolutions.

2.7 Deal with information received in their capacity as Council members in a responsible manner.

2.8 Endeavour to provide accurate

information to the Council and to the public at all times.

Relationship with fellow Council Members2.9 Endeavour to establish

and maintain a respectful relationship with all Council members, regardless of differences of views and opinions.

2.10 Not bully or harass other Council members.

Direct all requests for work or actions by Council staff to the Council’s Chief Executive Officer or nominated delegate/s.

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Relationship with Council staff2.11 Not bully or harass Council staff.

2.12 Direct all requests for information from the Council administration to the Council’s Chief Executive Officer or nominated delegate/s.

2.13 Direct all requests for work or actions by Council staff to the Council’s Chief Executive Officer or nominated delegate/s.

2.14 Refrain from directing or influencing Council staff with respect to the way in which these employees perform their duties.

Requirement to report breach of Part 32.15 A Council member who is of the

opinion that a breach of Part 3 of this Code (Misconduct)— has occurred, or is currently occurring, must report the breach to the Principal Member of the Council or Chief Executive Officer, the Ombudsman or the Office for Public Integrity.

2.16 A failure to report an alleged

or suspected breach of Part 3 of this Code is in itself a breach under this Part (Behavioural Code).

Complaints2.17 Any person may make a

complaint about a Council member under the Behavioural Code.

2.18 Complaints about behaviour alleged to have breached the Behavioural Code should be brought to the attention of the Principal Member or Chief Executive Officer of the Council, or nominated delegate/s.

2.19 A complaint may be investigated and resolved in any manner which that Council deems appropriate in its process for handling alleged breaches of this Part. This can include, but is not limited to: a mediator or conciliator, the Local Government Governance Panel, a regional governance panel or an independent investigator.

2.20 A complaint may be considered within this process to be trivial, vexatious or frivolous, and accordingly not investigated.

2.21 A failure of a Council member to cooperate with the Council’s process for handling alleged breaches of this Part may be referred for investigation under Part 3.

2.22 A failure of a Council member to comply with a finding of an investigation under this Part,

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adopted by the Council, may be referred for investigation under Part 3.

2.23 Repeated or sustained breaches of this Part by the same Council member may be referred, by resolution of the Council, to the relevant authority as a breach of Part 3.

2.24 A breach of the Behavioural Code must be the subject of a report to a public meeting of the Council.

Findings2.25 If, following investigation

under the Council’s complaints handling process, a breach of the Behavioural Code by a Council member is found, the Council may, by resolution:

2.25.1 Take no action;

2.25.2 Pass a censure motion in respect of the Council member;

2.25.3 Request a public apology, whether written or verbal;

2.25.4 Request the Council member to attend training on the specific topic found to have been breached;

2.25.5 Resolve to remove or suspend the Council member from a

A breach of the Behavioural Code must be the subject of a report to a public meeting of the Council.

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position within the Council (not including the member’s elected position on Council);

2.25.6 Request the member to repay monies to the Council.

Part 3 - Misconduct

Failure by a Council member to comply with this Part constitutes misconduct. The provisions within this Part may refer to statutory matters under the Local Government Act 1999. Any breach of these provisions will be investigated under that legislation.

Any person may report an alleged breach of this Part to the Council, the Ombudsman, the Electoral Commissioner (for alleged breaches of Code 3.8) or the Office for Public Integrity. Alleged breaches of this Part made to a Council or to the Office for Public Integrity may be referred to the Ombudsman for investigation under Section 263 of the Local Government Act 1999, by the Council’s Chief Executive Officer or by the Independent Commissioner Against Corruption, where he or she so determines.

A report from the Ombudsman that finds a Council member has breached this Part (Misconduct) of the Code of Conduct must be provided to a public meeting of the Council. The Council must pass resolutions, that give effect to any recommendations received from the Ombudsman, within two ordinary meetings of the Council following the receipt of these recommendations.

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An investigation under Part 3 of this Code does not preclude an investigation being launched as a potential breach of the criminal matters listed in the Appendix to this document.

Member dutiesCouncil members must:3.1 Act honestly at all times in the

performance and discharge of their official functions and duties;

3.2 Perform and discharge their official functions and duties with reasonable care and diligence at all times;

3.3 Not release or divulge information that the Council has ordered be kept confidential, or that the Council member should reasonably know is information that is confidential, including information that is considered by Council in confidence;

3.4 Not exercise or perform, or purport to exercise or perform, a power, duty or function that he or she is not authorised to exercise or perform;

3.5 Not attempt to improperly direct a member of Council staff to act in their capacity as a Local Government employee for an unauthorised purpose;

Council members must act honestly at all times in the performance and discharge of their official functions and duties ...

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3.6 Ensure that relationships with external parties cannot amount to interference by improper influence, affecting judgement, decisions and/or actions.

Gifts and benefits 3.7 Council members must not:

3.7.1 Seek gifts or benefits of any kind;

3.7.2 Accept any gift or benefit that may create a sense of obligation on their part or may be perceived to be intended or likely to influence them in carrying out their public duty;

3.7.3 Accept any gift or benefit from any person who is in, or who seeks to be in, any contractual relationship with the Council.

3.8 Notwithstanding Code 3.7, Council members may accept campaign donations as provided for in the Local Government (Elections) Act 1999.

3.9 Notwithstanding Code 3.7.3, Council members may accept hospitality provided in the context of performing their duties, including:

3.9.1 Free or subsidised meals, beverages or refreshments of reasonable value provided in conjunction with:

3.9.1.2 Council work related events such as training, education sessions workshops and conferences;

3.9.1.3 Council functions or events;

3.9.1.4 Social functions organised by groups such as Council committees and community organisations.

3.9.2 Invitations to, and attendance at, local social, cultural or sporting events.

3.10 Where Council members receive a gift or benefit of more than a value published in the Government Gazette by the Minister from time to time, details of each gift or benefit must be recorded within a gifts and benefits register maintained and updated quarterly by the Council’s Chief Executive Officer. This register must be made available for inspection at the principal office of the Council and on the Council website.

Register of Interests 3.11 Council members must lodge

with the Council a complete and accurate primary return of their interests, and subsequent ordinary returns, as required by legislation.

Campaign donation returns3.12 Council members must ensure

that following each election an accurate campaign donation return is provided to the Chief Executive Officer of the Council as required by legislation.

Conflict of interest3.13 Council members must be

committed to making decisions without bias and in the best interests of the whole community and comply with the relevant conflict of interest provisions of the Local Government Act 1999.

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Misuse of Council resources 3.14 Council members using Council

resources must do so effectively and prudently.

3.15 Council members must not use Council resources, including services of Council staff, for private purposes, unless legally or properly authorised to do so, and payments are made where appropriate.

3.16 Council members must not use public funds or resources in a manner that is irregular or unauthorised.

Repeated or sustained breaches of Part 23.17 At the discretion of the Council

to which the member is elected, repeated or sustained inappropriate behaviour, as listed in Part 2, may be escalated to an allegation of misconduct under this Part.

3.18 A failure to comply with a finding of inappropriate behaviour (by the Council, independent investigator or Ombudsman) under Part 2 is also grounds for a complaint under this Part.

Council members must not use Council resources, including services of Council staff, for private purposes, unless legally or properly authorised to do so ...

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Appendix -

Criminal mattersThe matters within this Appendix are matters for which a criminal penalty attaches. As separate legislation operates to cover such conduct, this part does not form part of the Code of Conduct for Council Members.

Allegations of conduct breaching these matters will be investigated in accordance with the legislation governing that conduct and they are included within this document only in order to provide a complete overview of the standards of conduct and behaviour expected of Council members.

Alleged breaches of matters outlined in this Appendix should be reported to the Office for Public Integrity in the first instance.

Breaches of the Local Government Act 1999 - Member dutiesA member of a Council must not, whether within or outside the State, make improper use of information acquired by virtue of his or her position as a member of the Council to gain, directly or indirectly, an advantage for himself or herself or for another person or to cause detriment to the Council (Section 62 (3)).

A member of a Council must not, whether within or outside the State, make improper use of his or her

position as a member of the Council to gain, directly or indirectly, an advantage for himself or herself or for another person or to cause detriment to the Council (Section 62 (4)).

Provision of false informationA member of a Council who submits a return under Chapter 5 Part 4 (Register of interest) and Schedule 3 of the Local Government Act 1999, that is to the knowledge of the member, false or misleading in a material particular (whether by reason of information included in or omitted from the return) is guilty of an offence (Section 69).Restrictions on publication of information from Register of Interests

A Council member must not publish information, or authorise publication of information, derived from a Register unless the information constitutes a fair and accurate summary of the information contained in the Register, and is published in the public interest, or comment on the facts set forth in a Register, unless the comment is fair and published in the public interest and without malice (Section 71).

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Breaches of other ActsActing in his or her capacity as a public officer, a Council member shall not engage in conduct, whether within or outside the state, that constitutes corruption in public administration as defined by Section 5 of the Independent Commissioner Against Corruption Act 2012, including:An offence against Part 7 Division 4 (Offences relating to public officers) of the Criminal Law Consolidation Act 1935, which includes the following offences:• bribery or corruption of public

officers;• threats or reprisals against public

officers;• abuse of public office;• demanding or requiring benefit on

basis of public office;• offences relating to appointment to

public office.

Any other offence, including an offence against Part 5 (Offences of dishonesty) of the Criminal Law Consolidation Act 1935, committed by a public officer while acting in his or her capacity as a public officer, or by a former public officer and related to his or her former capacity as a public officer, or by a person before becoming a public officer and related to his or her capacity as a public officer, or to an attempt to commit such an offence.

Any of the following in relation to an offence referred to in a preceding paragraph:• aiding, abetting, counselling or

procuring the commission of the offence;

• inducing, whether by threats or promises or otherwise, the commission of the offence;

• being in any way, directly or indirectly, knowingly concerned in, or party to, the commission of the offence;

• conspiring with others to effect the commission of the offence.

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165 Sir Donald Bradman Drive, Hilton SA 5033westtorrens.sa.gov.au

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Erection of Federal, State and Local Government Election signs

The City of West Torrens / A: 165 Sir Donald Bradman Drive, Hilton 5033 / P: (08) 8416 6333 / F: (08) 8443 5709 E: [email protected] / W: westtorrens.sa.gov.au

Signs affixed or erected on infrastructure must not be more than one square metre in area.

VOTEIn the next

election1m

1m

Signs must• Not be more than one (1)

square metre in area and limited to one sign per site/pole. A back to back sign facing two directions is considered to be one sign for this purpose.

• Be securely fastened, fixed or posted and maintained in good repair and condition.

• Be designed, made and presented in a quality manner.

• Contain clear and legible writing or symbols.

And

• Contain the name and address of both the person authorising the promotional material and the printer of it.

• Be removed within two (2) days of the close of voting, otherwise they will be considered illegal signs.

• Be fastened securely so that they cannot become detached in high winds and endanger Council, SA Power networks or DPTI property or equipment or pose a danger to the public.

Signs must not• Be illuminated, move, flash,

rotate or reflect.

• Be self adhesive.

• Be affixed to trees, shrubs or other plants.

• Be placed on a median strip, traffic island, roundabout or within 50 metres of an intersection, roundabout or pedestrian crossing, or on any freeways or expressways.

• Be attached to street name, traffic direction or parking signs or the associated pole.

• Be erected on any poles or fences of any SA Power Networks’ equipment (without authorisation from SA Power Networks) including transformer, regulator or sub stations.

• Be placed so as to restrict the sight distance for road users and pedestrians crossing the road.

• Be lower than two (2) metres and a maximum height of three (3) metres from the ground.

• Be installed, maintained or removed between 7am and 9am or between 4pm and 6pm Monday to Friday on a peak flow traffic lane.

• Advertise any organisation other than a registered political party or candidate.

Private fences• Signs on private fences,

including those adjoining Council land, shall have a total advertisement area of not more than two (2) square metres and be limited to one sign per candidate/party per site/location.

Continued overleaf

No election signs are to be placed within the City of West Torrens outside of a designated election period. For the Keswick Ward by-election, signage must not be put in place before Monday 2 January 2017. All signage must be removed by 12 noon on Wednesday 1 February 2017 or penalties for illegal signage may apply.

Compliance and approval• All signs must comply with

Council’s By-Law 4 for Moveable Signs, unless the moveable sign relates to State, Federal or Local Government elections.

• Moveable State, Federal and Local Government election signs do not require prior authorisation from the Council.

• A moveable sign is defined as a moveable advertisement, such as an A frame or sandwich board.

• However, election signs must not pose a risk to public safety or restrict the use of a road.

Removal of signs• A person can be ordered

to have any sign (including election signs) removed if the sign unreasonably:

• restricts the use of the road, or

• endangers the safety of members of the public.

A frames and sandwich boards are considered moveable signs.

• If an authorised Council officer cannot find the owner of the sign, or if the owner fails to comply immediately with the order, the officer may remove and dispose of the sign.

• If an owner of a sign has previously been ordered to remove any sign, either in the same or another place, then any other sign that restricts the use of a road or endangers the safety of the public will be removed without notification.

For further information contact the City of West Torrens on 8416 6333.

Doc Set ID - 494249 Page 1 of 10 The electronic version on the Intranet is the controlled version of this document.

Printed copies are considered uncontrolled. Before using a printed copy, verify that it is the controlled version.

Council Policy:

Elected Members Allowances, Facilities, Support and Benefits

Classification: Council Policy

First Issued: 21 November 2006

Dates of Review: 6 November 2007, 12 February 2009, 23 November 2010, 9 December 2014, July 2015, 17 November 2015, 2016

Version Number: 8

Next Review Due: 2019

DW Doc set ID: 494249

Applicable Legislation: Local Government Act 1999 (SA)

Local Government (Members Allowances and Benefits) Regulations 2010 (SA)

Income Tax Assessment Act 1997 (Cth)

Code of Conduct for Council Members

Related Policies or

Corporate Documents:

Elected Members Training and Development Policy

Elected Member Electronic Communications Facilities Policy

Council Reception Room - Richmond Oval Policy

Elected Members Attendance at Conferences Policy

Elections Period Caretaker Policy

Register of Allowances and Benefits

Associated Forms: Travel Expenditure Claims Form

Expenditure Authorisation Form

Travel Authority

Annual Allowance for Elected Members

Note: A person is entitled to inspect this policy (without charge) at the principal office of council during normal office hours. The policy is also available on Council's website. A person is entitled to a copy of the policy at the fee as set by Council in its Fees and Charges Schedule.

Responsible Manager: General Manager Business and Community Services

Confirmed by General Manager:

General Manager Business and Community Services

Date:

Approved by Council: Date: 15 March 2016

http://www.legislation.sa.gov.au/LZ/C/A/LOCAL%20GOVERNMENT%20ACT%201999.aspx

http://www.legislation.sa.gov.au/LZ/C/R/Local%20Government%20(Members%20Allowances%20and%20Benefits)%20Regulations%202010.aspx


http://www.comlaw.gov.au/Details/C2014C00771

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http://dwprod01:8080/dwroot/datawrks/stores/default/default/orig/docsetid/616603/dw_get?__ac_name=intranet&__ac_password=password




City of West Torrens Council Policy – Elected Members Allowances, Facilities, Support and Benefits



Table of Contents

1. Preamble ................................................................................................................... 3

2. Purpose ..................................................................................................................... 3

3. Scope......................................................................................................................... 3

4. Definitions ................................................................................................................. 3

5. Policy Statement ....................................................................................................... 4

5.1 Allowances ............................................................................................... 4

5.2 Reimbursement of Expenses ................................................................. 5

5.3 Facilities and Services ............................................................................ 6

5.4 Telephone Accounts ............................................................................... 9

5.5 Register of Allowances and Benefits ..................................................... 9




Council Policy - Elected Members Allowances, Facilities, Support and Benefits

1. Preamble 1.1 Council will ensure that the necessary facilities, support and benefits are made

available to Elected Members, on a uniform basis, to enable them to undertake their official duties and functions effectively and expediently.

1.2 Council supports the principle that Elected Members should not be out-of-pocket as a result of undertaking their official duties and functions. Consequently, Council will ensure that reasonable reimbursement is made for costs that are actually and necessarily incurred in the performance and discharge of their roles.

1.3 This policy meets the requirements of Section 77(1)(b) of the Local Government Act

1999 (the Act) and sets out the kind of expenses for which a Member may be reimbursed.

2. Purpose 2.1 The purpose of this Policy is to formalise and document Council’s agreed position in

relation to the allowances, benefits, facilities, support and reimbursements of expenses it will make available to its Elected Members.

3. Scope 3.1 This policy applies to Elected Members. 4. Definitions 4.1 Conclusion of the Election is as defined in Section 4(2) of the Local Government

Act 1999. 4.2 Consumer Price Index is defined by Section 76(15) of the Local Government Act

1999 as the Consumer Price Index (All groups index for Adelaide) published by the Australian Bureau of Statistics.

4.3 Eligible Journey means a journey (in either direction) between the principal place

of residence, or a place of work, of an Elected Member and the place of a prescribed meeting.

4.4 Facilities means any property or assets owned by the Council and includes (but is

not limited to) reserves, buildings, meeting rooms, mobile phones, laptops, email facilities, fax machines, scanners, printers etc.

4.5 Prescribed Meeting means a meeting of the Council, Council Committee or an

information gathering or discussion involving members of the Council or Council Committee including when Council staff are also involved.

4.6 Prescribed and Non Prescribed Committees are the classifications applied by the

South Australian Remuneration Tribunal for the purpose of determining the allowance to be paid to the Presiding Member of a Council Committee.










4.7 Relative is defined in s4 of the Local Government Act 1999 as a:

spouse;

parent or remoter lineal ancestor; or

son, daughter or remoter descendant; or

brother or sister. 5. Policy Statement 5.1 Allowances

5.1.1 Section 76(1) of the Act provides that all Elected Members are entitled to receive an annual allowance, determined by the Remuneration Tribunal, for performing and discharging their official functions and duties commencing on the conclusion of a Council election until the conclusion of the next periodic election.

5.1.2 This determination applies to all Members of a council in South Australia and

is based on five council groupings. The Remuneration Tribunal has classified the City of West Torrens as a Group 1b Council.

5.1.3 In addition to their Elected Member Allowance, a Member who is appointed

as a Presiding Member of a Council Committee, constituted in accordance with s41 of the Act, is entitled to an additional allowance determined by the Remuneration Tribunal. The amount of this allowance is dependent on the classification of the council and whether the Committee is classified as a prescribed or non-prescribed Committee.

5.1.4 The Remuneration Tribunal will make Elected Member allowance

determinations on a four yearly basis at least 14 days before the close of nominations in a general election. Allowances will be adjusted on the first, second and third anniversary of the relevant general election to reflect changes in the Consumer Price Index as described in the Local Government (Members Allowances and Benefits) Regulations 2010 (the Regulations).

5.1.5 The City of West Torrens will ensure the allowance, determined by the

Remuneration Tribunal, will be paid monthly in advance for the Mayor and quarterly in arrears for Elected Members.

5.1.6 In accordance with the determination by the Remuneration Tribunal,

allowances paid to Members will be adjusted annually by the consumer price index on the first, second and third anniversary of the 2014 Local Government Periodic Elections.

5.1.7 Any Elected Member may decline to receive their allowance or the use of

any Council provided facility, benefit or support or part thereof.









5.2 Reimbursement of Expenses

5.2.1 Section 77(1)(a) of the Act provides that all Elected Members are entitled to receive reimbursement for expenses, actually and necessarily incurred, of the kind prescribed in performing or discharging official functions and duties.

5.2.2 The City of West Torrens will ensure that the reimbursement of expenses is

accountable, transparent and in accordance with the provisions in the Act and the Regulations.

5.2.3 Eligible Journey Expenses for Attendance at Prescribed Meetings

5.2.3.1 In accordance with s5(1)(a) and s5(2)(a) of the Regulations, travel

expenses incurred for an eligible journey within the Council area in travelling to or from a prescribed meeting of the Council or Committee of the Council will be reimbursed without the need for prior Council approval. However the Regulations provide that: a. Travel must be by the shortest or most practical route. b. If an eligible journey relates to travel between a place within

the Council area and a place outside the Council area, in either direction, the Member will only be reimbursed in respect of travel within the Council area.

c. If a Member makes an eligible journey by private motor

vehicle, the rate to be reimbursed will be equal to the appropriate rate per kilometre, determined according to engine capacity, prescribed for the purposes of calculating deductions for car expenses under s28.25 of the Income Tax Assessment Act 1997 available at the ATO website, www.ato.gov.au.

d. Appropriate travel logs must be maintained by the Elected

Member to ensure they are accurately reimbursed.

5.2.4 Travel Expenses for Journeys other than Eligible Journeys

5.2.4.1 Travel, other than to a prescribed meeting i.e. conference, training seminar etc. outside of the Council area will be reimbursed with prior Council approval.

5.2.4.2 Air travel will be reimbursed or paid for at economy class rates for

all Elected Members.

5.2.5 Dependant Care When Attending a Prescribed Meeting or Function

5.2.5.1 Expenses incurred for the care of an Elected Member's child(ren), or a dependant living with the Elected Member who requires full time care, as a consequence of an Elected Member's attendance at a prescribed meeting, function or other Council related activity will be reimbursed to a maximum of 8 hours per occasion of care.

a. Reimbursement for child care expenses will be paid at the rate

of $25.00 per hour for 3 (three) hours, then $30.00 for each hour thereafter.






http://www.ato.gov.au/




5.2.5.2 An Elected Member will not be reimbursed if the care is provided by a relative of the Member who ordinarily resides with the Member.

5.2.6 General Requirements for Reimbursement Claims

5.2.6.1 Claims for reimbursements, other than vehicle expenses, can only

be made with the submission of a tax invoice/ tax receipt. An ABN number must be displayed to comply with Goods and Services Tax (GST) requirements and submitted on the relevant form.

5.2.6.2 Elected Members may be entitled to be reimbursed for expenses

when travelling on approved Council business outside the Council area.

a) If this travel relates to conferences, refer (to the Elected

Members Attendance at Conferences Policy). 5.2.6.3 If it is anticipated that a hire car will be required at the location to

which a Member is travelling, prior approval by Council, including the type or make of car and its range of use, is required.

5.3 Facilities and Services

5.3.1 General Principles

5.3.1.1 The facilities, support and services made available to Elected Members have been identified as necessary and/or expedient to the performance or discharge of their official functions or duties.

5.3.1.2 The provision of facilities, support and services will be available to

all Elected Members on a uniform basis (other than those additional facilities, support and services will be made available for the benefit of the Mayor in accordance with clause 5.3.3 of this policy).

5.3.1.3 In accordance with the provisions of the Code of Conduct for

Council Members, an Elected Member must not use any facilities and services for a purpose unrelated to the performance or discharge of official functions or duties unless they have obtained the prior approval of the Council.

If Council approves the private use of its facilities and services, the Elected Member will reimburse the Council for the costs or expenses that relate to that private use.

5.3.1.4 Any property provided to a Member remains the property of Council at all times and is insured via Council's insurers.

5.3.1.5 Elected Members who retire or are not re-elected will be offered

the opportunity to purchase, at market rate, any equipment provided to them i.e. mobile phones, tablets, laptops, printers, modems and routers etc. prior to disposal of the equipment via other avenues.

5.3.1.5.a Equipment supplied by the Council that is not required by

an Elected Member is to be returned, and telephone services cancelled, at the Council’s cost, within five








working days of the end of the Elected Member’s term of office - or at any other time as determined by the Council

5.3.1.6 The Council reserves the right to review and, if appropriate, withdraw

an Elected Member’s equipment if it is not achieving the intended purpose or being used inappropriately.

5.3.1.7 The type, supply and installation of equipment will be arranged by the

Administration in accordance with the Council Policy - Procurement.

5.3.1.8 Servicing and maintenance of equipment must only be arranged by the Administration.

5.3.2 Facilities, Support and Services - Elected Members

5.3.2.1 The Council will make the following facilities, support and services available to all Elected Members:

Administration or Office Facilities

name badge

A box of 250 business cards will be made available to Elected Members on request twice per financial year after which additional cards will be supplied at the requesting Elected Member's own cost

access to the Elected Members Lounge which will have available a computer and printer for use by Members

fridge stocked with soft drinks and water

Information technology equipment

information technology equipment as approved by Council: An Apple or Samsung smartphone; An Apple or Samsung tablet computer or a Toshiba

tablet / laptop hybrid; A Hewlett-Packard multifunction printer; A Dell laptop computer, but only if a Toshiba tablet /

laptop hybrid is not taken; A modem / router; Broadband and a telephone line in the home; Use of a member's own devices, rather than the above

items being provided by Council.

consumables associated with the use of information technology equipment i.e. paper, toner etc.

Other Facilities and Services

access to the Council Reception Room at Richmond Oval on match days.

ongoing support and training; including attendance at conferences.

out of hours I.T support

Elected Members are provided with insurance that: provides benefits if bodily injury is sustained while

engaged in any activity directly or indirectly connected with or on behalf of Council.

professional/public indemnity insurance that indemnifies Members but only in connection with their role as Members of Council.





provides cover for damage to property and personal effects that occurs while Members are engaged in Council business.

provides corporate travel cover for Members and their partners/spouses while engaged in any activity directly or indirectly connected with or on behalf of Council, including while travelling to and/or from such activity.

5.3.3 Additional Resources for the Mayor

5.3.3.1 In addition to the facilities, services and support made available to

Elected Members, the following facilities, services and support is made available to the Mayor;

An office space and associated provisions including stationery, postage, and general expenses of the Mayor’s office.

Administrative support in accordance with Council’s budget

A motor vehicle for which the Mayor will reimburse Council for private use on an annual basis.

The following conditions will apply to the Mayor’s vehicle as part of the Council vehicle fleet:

a. The vehicle will be of an appropriate standard recognising the responsibilities and status of the Office of the Mayor.

b. A hands free kit for mobile telephone will be made

available if integrated blue tooth is not available. c. Servicing of the vehicle will be in accordance with

purchase or lease arrangements and arranged through the Fleet Coordinator.

d. A fuel card will be provided. e. All mechanical problems must be reported to the Fleet

Coordinator immediately. f. The vehicle is to be maintained and kept in a clean and

tidy condition at all times. g. If possible the vehicle is to be parked off-street

overnight. h. The towing of any boat trailers or any trailer/caravan in

excess of the vehicle makers stated weight is not allowed.

i. Any fines for offences under the Road Traffic Act 1961

and Road Traffic (Road Rules – Ancillary and Miscellaneous Provisions) Regulations 2014 are the responsibly of the driver of the vehicle and will not be met by Council.

j. The procedure to follow if the vehicle is involved in an

accident must be stored in the glove box of the vehicle and followed in the event of an accident.

http://www.legislation.sa.gov.au/LZ/C/A/ROAD%20TRAFFIC%20ACT%201961.aspx

http://www.legislation.sa.gov.au/LZ/C/R/ROAD%20TRAFFIC%20(ROAD%20RULES%20-%20ANCILLARY%20AND%20MISCELLANEOUS%20PROVISIONS)%20REGULATIONS%202014/CURRENT/2014.207.UN.PDF

http://www.legislation.sa.gov.au/LZ/C/R/ROAD%20TRAFFIC%20(ROAD%20RULES%20-%20ANCILLARY%20AND%20MISCELLANEOUS%20PROVISIONS)%20REGULATIONS%202014/CURRENT/2014.207.UN.PDF




k. No smoking is allowed in the vehicle. l. Costs associated with private use must be reimbursed

to Council. 5.4 Telephone Accounts

5.4.1 Monthly charges for Council-owned mobile telephones will be met by Council. 5.4.2 Photocopies of telephone accounts will be provided to elected members

monthly for their review and reimbursement of any personal charges or usage. 5.4.3 Elected Members are required to complete and sign the pro-forma attached as

Appendix A, only if costs have been incurred, to show either (a) the value of any personal charges or usage or (b) that no personal usage occurred, and this must be returned to the Financial Services department within 21 days.

5.4.4 A report on telephone usage will be referred quarterly to the Corporate and

Regulatory Prescribed Standing Committee.

5.5 Register of Allowances and Benefits

5.5.1 A register of Allowances and Benefits (Register) will be kept in accordance with s79 of the Act.

5.5.2 The Register will include allowances, mobile telephone/internet expenses,

reimbursements, conference and seminar costs, training, the provision of equipment, insurance and consumables etc.

5.5.3 A person is entitled to inspect the Register without charge at the principal office of Council during normal office hours.

5.5.4 A person is entitled to an extract from the Register for a fee set by Council and included in its Schedule of Fees and Charges.

5.5.5 Details recorded in the Register will be reported to the Council on a quarterly

basis.





APPENDIX A

Date:…. / .….. / .…... To the Manager, Financial Services Re Telephone Accounts for the Month of ………………………… I have examined the telephone accounts for the above period, and hereby certify that: (Please tick the appropriate boxes) No personal use occurred and no costs therefore need to be reimbursed Personal use occurred and an amount of $………..… needs to be reimbursed An agreed amount of $…….…..… needs to be reimbursed Payment Options Cash (attached) Cheque (attached) Credit Card (via phone or at CSU) Raise Invoice Deduct from next allowance As per Council's policy, please return this signed declaration to Financial Services within 21 days. …………………………………………..…. …… / …… / …… (Signature of Elected Member) (Date)

Service Centre use only Receipt Type: RC MS/CFR Receipt No. Please forward to Financial Services once receipted