Role of mayor summary

Transcription

1 Note: Information about council structures across Australia is in the Background Paper on p.32. Role of mayor summary Role Tas Vic NSW QLD WA SA NT # To preside at council meetings Y Y Y Y Y Y Y 7 Act as spokesperson for the council Y Y Y Y Y 5 Liaise with the CEO/GM Y Y Y Y 4 To act as leader of the community Y Y 2 Carry out civic and ceremonial duties Y Y Y Y Y Y 6 Exercise other functions as council determines Y Y 2 Oversee performance of other councillors Provide guidance to councillors on their roles and standards of conduct Supporting good working relations between councillors Policy making between council meetings Other functions defined in LGA or other Acts Prepare budget Performance appraisal of CEO Advice to minister as requested Member of each standing committee Page 1 of 13

2 Role of mayor detail Tas s.27 Vic s.73aa NSW s.226 QLD s.12(4) to act as a leader of the community of the municipal area; and to act as chairperson of the council; and to act as the spokesperson of the council; and to liaise with the general manager on the activities of the council and the performance of its functions and exercise of its powers; and to oversee the councillors in the performance of their functions and in the exercise of their powers. providing guidance to Councillors about what is expected of a Councillor including in relation to the role of a Councillor under section 65, and the observation of the Councillor conduct principles and the Councillor Code of Conduct by Councillors under sections 76B, 76BA and 76C; 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. to exercise, in cases of necessity, the policy-making functions of the governing body of the council between meetings of the council to exercise such other functions of the council as the council determines to preside at meetings of the council to carry out the civic and ceremonial functions of the mayoral office. leading and managing meetings of the local government at which the mayor is the chairperson, including managing the conduct of the participants at the meetings; preparing a budget to present to the local government; leading, managing, and providing strategic direction to, the chief executive officer in order to achieve the high quality administration of the local government; directing the chief executive officer and senior executive employees, in accordance with the local government's policies; conducting a performance appraisal of the chief executive officer, at least annually, in the way that is decided by the local government (including as a member of a committee, for example); ensuring that the local government promptly provides the Minister with the information about the local government area, or the local government, that is requested by the Minister; being a member of each standing committee of the local government; Page 2 of 13

3 representing the local government at ceremonial or civic functions. WA s.2.8 SA s.58 NT s.42 presides at meetings in accordance with this Act; and provides leadership and guidance to the community in the district; and carries out civic and ceremonial duties on behalf of the local government; and speaks on behalf of the local government; and performs such other functions as are given to the mayor or president by this Act or any other written law; and liaises with the CEO on the local government s affairs and the performance of its functions. to preside at meetings of the council; if requested, to provide advice to the chief executive officer between council meetings on the implementation of a decision of the council; to act as the principal spokesperson of the council; to exercise other functions of the council as the council determines; to carry out the civic and ceremonial duties of the office of principal member. to chair meetings of the council; and to speak on behalf of the council as the council's principal representative; and to carry out the civic and ceremonial functions of the principal member. Page 3 of 13

4 Role of deputy mayor Tas Vic The deputy mayor is to act in the position of mayor and exercise the powers and perform the functions of mayor if (a) the mayor is absent; and (b) the mayor or the council, by notice in writing, appoints the deputy mayor to act in the position. The Local Government Act does not provide for the position of deputy mayor, although some councils choose to elect a councillor to this position nonetheless. NSW The deputy mayor may exercise any function of the mayor at the request of the mayor or if the mayor is prevented by illness, absence or otherwise from exercising the function or if there is a casual vacancy in the office of mayor. QLD The deputy mayor acts for the mayor during (a) the absence or temporary incapacity of the mayor; or (b) a vacancy in the office of mayor. WA SA NT The deputy mayor or deputy president performs the functions of the mayor or president when authorised to do so under section In the absence of the mayor or chairperson, a deputy mayor or deputy chairperson may act in the office of mayor or chairperson. The role of the deputy principal member of a council is to carry out any of the principal member's functions when the principal member: (a) delegates the functions to the deputy; or (b) is absent from official duties because of illness or for some other pressing reason; or (c) is on leave. Page 4 of 13

5 Role of elected members summary Role Tas Vic NSW QLD WA SA NT # to represent the community Y Y Y 3 to act in the best interests of the community Y Y Y Y Y 5 to facilitate communication by the council with the community Y Y Y Y Y Y 6 to participate in the activities of the council to undertake duties and responsibilities as authorised by the council to represent accurately the policies and decisions of the council in performing the functions of councillor must not direct or attempt to direct an employee of the council in relation to the discharge of the employee's duties must not perform any function of the mayor without the approval of the mayor to participate in the decision-making of the council to contribute to the strategic direction of the council through the development and review of key strategic documents of the council, including the council plan 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 under this Act and other Acts participate in the responsible allocation of the resources of council through the annual budget to direct and control the affairs of the council in accordance with this Act to review the performance of the council and its delivery of services, and the delivery program and revenue policies of the council ensuring the local government complies with all laws that apply to local governments Y Y Y Y 4 Y Y 2 Y Y Y Y Y Y 6 Y Y Y Y Y Y 6 Y Y Y Y 4 Y Y 2 Y Y 2 Page 5 of 13

6 being accountable to the community for the local government's performance performs such other functions as are given to a councillor by this Act or any other written law to ensure, as far as practicable, that the council acts honestly, efficiently and appropriately in carrying out its statutory responsibilities Y Y 2 Page 6 of 13

7 Role of elected members detail Tas s.28 (1) A councillor, in the capacity of an individual councillor, has the following functions: (a) to represent the community; (b) to act in the best interests of the community; (c) to facilitate communication by the council with the community; (d) to participate in the activities of the council; (e) to undertake duties and responsibilities as authorised by the council. (2) The councillors of a council collectively have the following functions: (a) to develop and monitor the implementation of strategic plans and budgets; (b) to determine and monitor the application of policies, plans and programs for i. the efficient and effective provision of services and facilities; and ii. iii. the efficient and effective management of assets; and the fair and equitable treatment of employees of the council; (c) to facilitate and encourage the planning and development of the municipal area in the best interests of the community; (d) to appoint and monitor the performance of the general manager; (e) to determine and review the council's resource allocation and expenditure activities; (f) to monitor the manner in which services are provided by the council. (3) In performing any function under this Act or any other Act, a councillor must not (a) direct or attempt to direct an employee of the council in relation to the discharge of the employee's duties; or Page 7 of 13

8 (b) perform any function of the mayor without the approval of the mayor. Jurisdictional comparison (4) A councillor is to represent accurately the policies and decisions of the council in performing the functions of councillor. Page 8 of 13

9 Vic s.65 (1) The role of a Councillor is (a) to participate in the decision-making of the Council; and (b) to represent the local community in that decision-making; and (c) to contribute to the strategic direction of the Council through the development and review of key strategic documents of the Council, including the Council Plan. (2) In performing the role of a Councillor, a Councillor must (a) consider the diversity of interests and needs of the local community; and (b) observe principles of good governance and act with integrity; and (c) provide civic leadership in relation to the exercise of the various functions and responsibilities of the Council under this Act and other Acts; and (d) participate in the responsible allocation of the resources of Council through the annual budget; and (e) facilitate effective communication between the Council and the community. (3) The role of a Councillor does not include the performance of any functions that are specified as functions of the Chief Executive Officer under section 94A. Page 9 of 13

10 NSW s.232 (1) The role of a councillor is, as a member of the governing body of the council: to provide a civic leadership role in guiding the development of the community strategic plan for the area and to be responsible for monitoring the implementation of the council s delivery program to direct and control the affairs of the council in accordance with this Act to participate in the optimum allocation of the council s resources for the benefit of the area to play a key role in the creation and review of the council s policies and objectives and criteria relating to the exercise of the council s regulatory functions to review the performance of the council and its delivery of services, and the delivery program and revenue policies of the council. (2) The role of a councillor is, as an elected person: to represent the interests of the residents and ratepayers to provide leadership and guidance to the community to facilitate communication between the community and the council. Page 10 of 13

11 QLD s.12 WA s.2.10 (1) A councillor must represent the current and future interests of the residents of the local government area. (2) All councillors of a local government have the same responsibilities, but the mayor has some extra responsibilities. (3) All councillors have the following responsibilities (a) ensuring the local government (i) discharges its responsibilities under this Act; and (ii) achieves its corporate plan; and (iii) complies with all laws that apply to local governments; (b) providing high quality leadership to the local government and the community; (c) participating in council meetings, policy development, and decision-making, for the benefit of the local government area; (d) being accountable to the community for the local government's performance. A councillor (a) represents the interests of electors, ratepayers and residents of the district; and (b) provides leadership and guidance to the community in the district; and (c) facilitates communication between the community and the council; and (d) participates in the local government s decision-making processes at council and committee meetings; and (e) performs such other functions as are given to a councillor by this Act or any other written law. Page 11 of 13

12 SA s.59 NT s.35 (1) The role of a member of a council is (a) as a member of the governing body of the council i) to participate in the deliberations and civic activities of the council; (ii) to keep the council's objectives and policies under review to ensure that they are appropriate and effective; (iii) to keep the council's resource allocation, expenditure and activities, and the efficiency and effectiveness of its service delivery, under review; (iv) to ensure, as far as is practicable, that the principles set out in section 8 are observed; (b) as a person elected to the council to represent the interests of residents and ratepayers, to provide community leadership and guidance, and to facilitate communication between the community and the council. (2) A member of a council may, with the principal member's authorisation, act in place of, or represent, the principal member. (3) A member of a council has no direct authority over an employee of the council with respect to the way in which the employee performs his or her duties. (1) The role of a member of a council is: (a) to represent the interests of all residents and ratepayers of the council area; and (b) to provide leadership and guidance; and (c) to facilitate communication between the members of the council's constituency and the council; and (d) to participate in the deliberations of the council and its community activities; and (e) to ensure, as far as practicable, that the council acts honestly, efficiently and appropriately in carrying out its statutory responsibilities. Page 12 of 13

13 (2) However, a member of the council has no power to direct or control staff, or to interfere with the management of staff. (3) A member of the council has a duty to act, at all times, in what the member genuinely believes to be the best interests of the council's constituency. Page 13 of 13