COUNCILLOR SUPPORT AND CIVIC EXPENSE REIMBURSEMENT POLICY

Transcription

1 COUNCILLOR SUPPORT AND CIVIC EXPENSE REIMBURSEMENT POLICY Responsible Officer: Director Corporate Authorising Officer: Chief Executive Officer Document No: xx Adoption Date: 18 March 2014 Approved By: Council Review Date: 18 March 2017 Policy Type Council OBJECTIVES 1.Purpose This policy and associated guidelines have been developed to provide an overview of the facilities, resources and support provided to the Mayor and Councillors to assist them in the performance of their roles and official duties as elected Councillors. The policy also sets out the processes for ensuring that the costs of resourcing and supporting Councillors and the value of any expenses reimbursed are publicly reported to the community in a timely manner thereby promoting accountability and transparency. In addition the policy applies, as appropriate, to members of Council committees. LEGISLATIVE COMPLIANCE 2.Background There is increasing emphasis placed on the provision of adequate support and training to assist Councillors in the performance of their official functions and duties. Sections 75, 75A, 75B and 75C of the Local Government Act 1989 (The Act) outline that Councillors are entitled to resources and facilities support and reimbursement of expenses related to their duties as a Councillor. Section 75B of the Act states that: A Council must adopt a policy in relation to the reimbursement of expenses for Councillors and members of Council committees. A policy adopted by Council under this section must be consistent with othe prescribed type of Councillor out-of-pocket expenses that must be reimbursed if the expenses are reasonable and bona fide; and Adopted by Wangaratta Rural City Council 18 March

2 othe prescribed procedures to be followed by councils in relation to the reimbursement of out-of-pocket expenses. A Council must keep a copy of the policy adopted and maintained under this section available for inspection at the office of the Council. This policy has also been developed with reference to the State Government s guidelines namely: The Victorian Government s Policy Statement on Local Government Mayoral and Councillor Allowances and Resources April 2008 (Recognition and Support); and The Victorian Government s Information Guide on Mayor and Councillor Entitlements Reimbursement of Expenses and Provision of Resources and Facilities Support for Victorian Mayors and Councillors, November The Mayor and Councillor Entitlements Information Guide states that: Councillors operate in a complex environment and bring unique skills and insights to the role. Councillors need to be accessible to a wide range of constituents and to stay informed about issues in their communities. Councillors are to be supported in undertaking duties by ensuring that reimbursement of expenses and access to resources support are provided in an equitable manner to cater for the full participation of all Councillors in Council business and with their communities, while also recognising individual needs and circumstances. The Rural City of Wangaratta s Councillor Support and Civic Expense Reimbursement Policy must be read in conjunction with other relevant Council policies adopted and/or amended from time to time, including but not limited to the Councillor Code of Conduct (adopted 29 April 2013), specific policies regarding the use, security and maintenance of Council equipment and Council s communication and media policies. APPLICATION 3. General Principles The provision of facilities, resources and support to councillors and the expenses paid or reimbursed for councillors, should be consistent with the following principles: The Councillor Conduct Principles prescribed under Sections 76B and 76BA of The Act; Encouraging diversity in participation, equity and access and community acceptance; Accountability and transparency; No disadvantage i.e. separation of allowances from reimbursement of expenses and provision of resources and facilities support. Councillor expenses are those expenses necessarily incurred by councillors for the purpose of Council business. The determining factor to be applied by councillors is If I was not a councillor, would I incur the expense? Adopted by Wangaratta Rural City Council 18 March

3 Where this criterion is satisfied and a councillor has incurred a reasonable out-of-pocket expense, the councillor will be reimbursed by Council. Expenses incurred by councillors related to their professional, business or private roles will not be reimbursed. Any costs incurred by a councillor which are not covered specifically within the policy will not be met, unless the councillor has received prior written authorisation from the Chief Executive Officer. Supporting evidentiary documentation is required for all councillor expense reimbursements and payments. The Director Corporate is available to assist Councillors and ensure they understand their entitlements and responsibilities. 4. Councillor and Mayoral Allowances Councillor allowances are based on three categories of Council. The Rural City of Wangaratta is a Category 2 Council. Council must review and determine the level of Councillor allowance and the Mayoral allowance within seven months after a general election. The allowances determined are payable during the next four financial years. This is a public review with submissions received under section 223 of The Act. The Mayoral and Councillor allowances are paid monthly in advance, by Electronic Funds Transfer. The Mayoral allowance is paid on a pro rata basis for the October-December quarter up to the date of the Mayoral election and any adjustments are then subsequently made to reflect any change in office. Section 73B of The Act requires that an annual adjustment factor is applied to Mayoral and Councillor Allowances. This adjustment is generally announced in mid-august of each year effective currently from 1 December of each year. Section 74A (3) of The Act states that a Council does not have to pay an allowance to a Councillor who does not wish to receive it. Any personal taxation implications from the receipt of allowances are the responsibility of individual Councillors. The Australian Taxation Office (ATO), in its Accessibility of superannuation contributions made in favour of local government Councillors, has determined that all Councillors may enter into salary sacrificing arrangements with a complying superannuation fund without those contributions being assessable as income of the Councillor. Adopted by Wangaratta Rural City Council 18 March

4 5. Civic Support, Facilities and Equipment Office Accommodation/Councillor Suite Office accommodation, a meeting room and kitchen (including light refreshments) will be provided at the Wangaratta Government Centre to assist the Mayor and Councillors to undertake their civic duties during and after business hours. The Councillor office will comprise a photocopier, two computers and landline, secure filing cabinets for each Councillor and a selection of stationery. Mayoral Office An office including desktop computer and telephone landline and secure filing cabinet/s is provided for the Mayor at the Wangaratta Government Centre. Administrative/Executive Support In recognition of the responsibilities and community expectations placed on the Mayor and Councillors, dedicated administrative/executive support will be provided. This support will be provided during normal office hours and broadly includes: Diary management General follow up and preparation of correspondence Constituent/community contact activities Relevant bookings on behalf of councillors including meeting rooms, civic events and conferences Responding to invitations Issue research Speech notes Councillor resource requests in accordance with this policy. Processing councillor requests for reimbursement of expenditure. Building Access and Parking Each Councillor will receive a security pass allowing access to the Councillor office, lounge and public areas at the Wangaratta Government Centre. Councillors will also be provided with a car parking permit which entitles them to park in designated parking bays across the municipality when on Council business. The permit does not allow vehicles to park in designated areas such as loading zones, bus zones, no stopping areas, mail zones, clearways, disabled bays, taxi zones or school drop off zones. Adopted by Wangaratta Rural City Council 18 March

5 Home/Workplace Equipment Each Councillor is entitled to the following home/workplace equipment: A desktop or laptop personal computer A multifunction printer/facsimile/scanner/photocopier/telephone on a telephone connection separate to the Councillor s private telephone line A mobile telephone I-pad Broadband connection In-car phone kit (refer to comments under Mobile Telephone regarding telephone use when driving) A paper shredder. Council will meet the reasonable purchase, installation, maintenance and service, connection, subscription, rental and usage costs for all Council provided equipment. The specific quality and type of facilities will generally be in accordance with organisational policies and guidelines as determined by the Chief Executive Officer and the Director Corporate. The above equipment remains the property of the Council and must be returned at the end of a Councillor s term of office. Sale of communications equipment to Councillors at the end of their term will be at the discretion of the Chief Executive Officer or his/her delegate. Council provided equipment is to be used for Council related business activities however it is acknowledged that, on occasion, reasonable personal use may be made of communications equipment. Support services will be coordinated by the Executive Assistant to the Mayor and Councillors to maintain the functionality and Councillor access to the Rural City of Wangaratta network. Mobile Telephones Mobile telephones are provided for Council business use, however it is recognised that for practical reasons Councillors may make a reasonable number of non Council business related calls on mobile telephones. It is also recognised that the individual level of usage of Council supplied mobile telephones may differ according to individual circumstances, the nature of their Council activity and involvement. The onus will be on each Councillor to determine what is reasonable according to their individual circumstances and role. Where private telephone use is deemed by Councillors themselves, or the Chief Executive Officer, to be beyond reasonable limits, Councillors will be required to reimburse Council for the cost of such calls. To assist Councillors in determining what is reasonable level of usage for private telephone calls on mobile telephones the following guidelines are provided: Adopted by Wangaratta Rural City Council 18 March

6 Standard local telephone calls which Councillors could not for practical reasons be made via a private land line telephone service due to location, mobility or convenience would be considered reasonable. International calls would not be considered reasonable private use unless conducting Council business. Telephone calls to information/service providers which incur a significant per minute charge will normally not be considered reasonable. Mobile telephone use while driving is strongly discouraged (including hands free) as it can impair a driver s reaction time, ability to maintain speed and position on the road, ability to judge safe gaps in the traffic and general awareness of other traffic (Transport Accident Commission). Compliance Councillors are required to ensure that they have read, understood and comply with Council s corporate policies in respect to the use of any communication and IT equipment and resources. In relation to internet access, the policy covering private usage and mobile telephones will apply and Councillors must have particular regard to what is appropriate material that is sent or stored. Strict care must be taken in the custody and use of all Council equipment. Loss or theft of communications equipment must be reported immediately to the Director Corporate or his/her delegate and, where relevant, to the Victoria Police. Stationery Councillors shall, upon request, be supplied with standard stationery held or obtained generally for the organisation s requirements. Stationery may include but not necessarily be limited to paper, envelopes, writing implements, computer discs/usbs, computer paper, writing pads/books, printer requisites, business cards, Council Christmas cards and diary. Stationery and postage must not be used by a Councillor for any personal, business, political or election related purposes and Council inscribed stationery is not to be modified in any way. In addition to standard stationery, the Mayor and Councillors will be provided with personalized letterhead for use in relation to Council business. This letterhead must only be used in accordance with the following protocols: Correspondence from Councillors must not contain material contrary to Council s adopted policy. Correspondence should not publish information that purports to be on behalf of Council. Correspondence from Councillors must make it clear when the views expressed are those of the individual Councillor, not the Council. Correspondence from Councillors must not provide advice. Adopted by Wangaratta Rural City Council 18 March

7 Councillors must not divulge corporate information which may be sensitive, confidential or not meant for public knowledge. The personalised letterhead should not be used other than for Council business purposes. A copy of the correspondence should be provided to the Executive Assistant to the Mayor and Councillors for forwarding on to the Records Unit. All outgoing mail related to Council business must go through the Council mailing system. The supply of stationery will be coordinated by the Executive Assistant to the Mayor and Councillors. Name Badges Each Councillor will be supplied with a name badge for use when on Council business. Business Cards Each Councillor will be supplied with personalised business cards. Correspondence and Document Registration To support the Mayor and Councillors in the effective management of all correspondence, incoming mail will be opened by the Records Unit, registered and referred to the relevant actioning officer. An acknowledgement letter will be sent from the Records Administrator and a copy of the original correspondence will be provided to the Councillor/s. The actioning officer will reply on behalf of Council with a copy of the response also being provided to Councillors. Councillors are required to provide prior approval to the opening of mail addressed to them by name. Correspondence addressed to the Mayor and/or Councillors from Federal or State politicians or Mayors of other municipalities will be drafted by the actioning officer for Mayoral signature. Correspondence marked Private and Confidential will be given to the respective Councillor unopened. Where relevant it should then be redirected to the Records Administrator. Constituent correspondence to individual Councillors requiring follow up should be referred to the Executive Assistant to the Mayor and Councillors for subsequent referral to the Records Administrator and logging in to the Council s Computerized Action Request System (CARS). Adopted by Wangaratta Rural City Council 18 March

8 6. Travel In carrying out their duties, Councillors are required to attend numerous meetings, functions and events. The following section details the policy in relation to reimbursement of Councillor out-of-pocket travel expenses incurred while performing their duties. Use of Private Vehicles Costs relating to private vehicle use will be reimbursed where it is a necessary Council expense incurred while performing duties as a Councillor. The allowance payable to Councillors shall be in accordance with the rates prescribed by the Australian Taxation Office ATO as varied from time to time. Councillors may be reimbursed private vehicle travelling expenses for: Travel for inspections, functions and external meetings associated with legitimate Council business Travel for attendance at authorised conferences, courses and seminars Travel to and from air, rail or bus ports when embarking on interstate or international Council business. A record of private vehicle use must be maintained by the Councillor and submitted on a monthly basis using the Councillor Out of Pocket Reimbursement Form. The record shall contain details of Council business, date, destination and number of kilometres and any tolls. Use of Taxis Should Councillors incur costs in using a taxi service reimbursement will be made following completion of a Councillor Out of Pocket Reimbursement Form together with the provision of the taxi receipt. Public Transport Councillors will be reimbursed for travel on trains, trams, buses and light rail journeys while conducting Council business within and outside the municipality. Any costs incurred when using public transport can be claimed by completing a Councillor Out of Pocket Reimbursement Form together with the provision of the relevant receipt. Car Parking Fees Car parking fees incurred while conducting Council business will be reimbursed on the basis of original receipts and relevant detail regarding the purpose, date and time of the meeting or function. Claims must be made using the Councillor Out of Pocket Reimbursement Form together with the provision of the parking receipt. Adopted by Wangaratta Rural City Council 18 March

9 Mayoral Car Council will provide the Mayor with a fully registered, insured, maintained and fuelled vehicle for use by the Mayor on official duties and for private use. Council will also meet the cost of regular cleaning of the Mayoral vehicle and will provide RACV Total Care Cover or equivalent for the vehicle. The vehicle type and usage will be in accordance with Council s Motor Vehicle Policy. The Mayor must be the holder of a current Victorian Driver s Licence at all times when driving a Council vehicle. Smoking is not permitted in a Council vehicle. The Mayoral vehicle will be traded in accordance with Council s vehicle replacement policy unless otherwise authorised by the Chief Executive Officer. Access to Council s Car Pool Where practicable, and by prior arrangement through the Executive Assistant to the Mayor and Councillors a Council pool vehicle may be made available to Councillors for travel outside the municipality where use of private vehicles or other means of transport is not practical. A Council pool vehicle may be particularly useful when a number of Councillors are travelling outside the municipality or on longer distances. Councillors must fill out the logbook in car pool vehicles. Reimbursement for Travel Expenses All claims for reimbursement of travel related expenses must be submitted by Councillors on a monthly basis consistent with Council s financial cycle. Claims must be made within three months of the date of service to ensure accurate and equitable reporting of Councillor expenses. All claims for the financial year must be finalised and submitted to the Governance Unit by the end of the financial year. 7. Professional Development and Civic Representation Conferences and Seminars Conferences, seminars and training courses are organised throughout the year by local government related organisations, professional bodies and private sector providers on Adopted by Wangaratta Rural City Council 18 March

10 issues and events which are relevant to the role of Councillors and the Rural City of Wangaratta in general. Councillors will be given the opportunity to attend conferences and training sessions as they are important in enhancing the knowledge of Councillors and their ability to make contemporary informed decisions. The selection of the conference or training session should be based on its relevance to the responsibilities of the respective Councillor and any specific professional development needs including the following: Sessions organised by Local Government peak bodies including the Municipal Association of Victoria (MAV), the Victorian Local Governance Association (VLGA), the Australian Local Government Association (ALGA) and the Australian Local Government Women s Association (ALGWA). Specialist training related to the duties and responsibilities of a Councillor as organised by the Chief Executive Officer and/or Director Corporate. Australian Institute of Company Directors (AICD) or other courses approved by the Chief Executive Officer related to governance and leadership. Sessions conducted as part of Council s annual Councillor training program. Specific needs based training including, but not limited to, media and public speaking. Councillors are entitled to have paid by Council or reimbursed the cost of attending approved conferences and seminars including: Registration fees for attendance at conferences and seminars. Conference dinner/meals payment for the main conference dinner if not covered by registration fee costs together with all meals within reasonable limits for the duration of the conference or seminar. Accommodation appropriate accommodation from the day prior to registration day and each day on which the conference or seminar is held. Any additional costs as a result of the attendance of partners and/or children shall be borne by the Councillor. Transportation in the most appropriate mode to, from and during conferences and seminars. Airfares will be economy class. Car parking fees including airport or hotel parking. Registration and payment for all Councillor conferences and seminars will be organised through the Executive Assistant to the Mayor and Councillors. The Chief Executive Officer or his/her delegate will assess and approve all professional development requests by Councillors on a case by case basis, aiming for an equitable use of the Councillor Conferences and Seminars Fund which is determined through the formal Council Budget process each year. International travel Any proposed travel by a Councillor requires consideration by Council in an open meeting to resolve whether or not the travel is to take place. Adopted by Wangaratta Rural City Council 18 March

11 The proposal must include specific details regarding the objectives of the travel, its potential community benefits and detailed costing. Partner Travel The costs of a partner accompanying a Councillor on a Council related business trip will be borne by the Councillor unless it can be demonstrated, to the satisfaction of the Chief Executive Officer, that there is a bona fide business or representational purpose or necessity for the presence of the partner. 8. Publications and Memberships Councillors will be supplied on a daily basis (in the Councillor Suite) with a selection of key metropolitan and local newspapers. They will also be provided with journals, magazines and other publications relevant to their civic duties. Councillors will be supplied upon request with a copy of the Local Government Act, the Planning and Environment Act and any other appropriate legislation as requested but are encouraged to access the electronic version of these documents from as paper copies may not be up to date. 9. Professional Memberships Council will organise and pay for Councillor membership of peak Australian local government bodies including, but not limited to: The Municipal Association of Victoria (MAV) The Victorian Local Governance Association (VLGA) The Australian Local Government Association (ALGA) The Australian Local Government Women s Association (ALGWA). 10. Child Care and Family Care Council will reimburse the out of pocket care (child and family) expenses incurred by Councillors in the course of carrying out their duties where they are the primary care giver and when they attend: Ordinary and Special Council Meetings or Committees of Council Formal briefing sessions and planning forums Civic or ceremonial functions convened by the Council or the Mayor Meetings scheduled by the Council or the Mayor Meetings necessary for the Councillor to exercise a delegation given by Council A meeting, function or other official role as a representative of the Council or Mayor Meetings of community groups, organisations and statutory authorities to which the Councillor has been appointed Council delegate or is authorised by Council except where the body reimburses relevant child care expenses incurred by the Councillor Conferences, study tours/official visits (domestic and overseas), training sessions and functions in the capacity as Councillor Community forums, meetings with officers or other meetings and events attended in the course of their duties as a Councillor. Adopted by Wangaratta Rural City Council 18 March

12 This category covers child care for children 0-15 years inclusive and other forms of care needed to support immediate family members. Council will reimburse the Councillor for carer expenses paid to: An accredited child care/attendant care provider; or A person providing care who does not: Have a familial or like relationship with the Councillor; or Reside either permanently or temporarily with the Councillor; or Have a relationship with the Councillor or his or her partner such that it would be inappropriate for Council to reimburse monies paid to the care provider. Fees are generally payable per hour or part of an hour subject to any minimum period which is part of the care provider s usual terms. Reasonable child care fees will be determined as not exceeding reasonable prevailing child care market rates within the municipality. The reimbursement Procedure for Child or Family Care is outlined below: All claims for reimbursement of child or family care shall be made on a monthly basis (within 30 days from the end of the month). All claims should be made within three months of the date of the service to ensure equitable reporting of expenses. Councillors must complete a Child Care/Family Expense Claim Form and submit to the Director Corporate for processing and subsequent authorisation. A completed Statement by a Supplier Form is required if not quoting an Australian Business Number (ABN) for the care provider. A copy of the care provider receipt must be submitted together with the Expense Claim Form clearly outlining: The provider of the service The type of service provided The date on which the service took place The hourly rate of the provider and hours of service The signature of the person who has provided the service and total payment received. 11. Expenses and Facilities for Councillors with Disabilities For any Councillor with a disability, Council will provide reasonable additional facilities and support to enable that Councillor to perform their civic duties. 12. Exclusions Any expense arising from a breach of road, traffic, parking or other regulations or laws, including Council Local Laws, will not be reimbursed or funded in any way by Council. Adopted by Wangaratta Rural City Council 18 March

13 If a Councillor chooses not to claim a particular expense, this cannot be offset against a claim for any additional amount associated with another expense. Claims for expenses other than those included in this policy will not be reimbursed, except in exceptional circumstances after approval by the Chief Executive Officer. 13. Expense Reimbursement Claims This section also applies, as appropriate, to members of council committees in regard to necessary out-of-pocket expenses. Claims are to be submitted on the prescribed form to the Director Corporate. Claims should be accompanied by original receipts/tax invoices for any expenses claims which clearly identify the name of the payee and ABN where applicable If receipts cannot be produced Councillors may be required to provide a statutory declaration. Claims must include sufficient detail to demonstrate, in accordance with The Act, that the expense for which reimbursement is being claimed is a reasonable bona fide expense incurred while performing the duties of a Councillor. Councillors are required to submit claims in a timely manner to ensure transparency and timely accountability. Claims must be submitted at least once per quarter. Councillors must ensure that they lodge all claims for the financial year within that financial year. Councillors should note that reimbursements will be made by Electronic Funds Transfer to the nominated bank account unless exceptional circumstances apply. The Director Corporate will process all claims and will, in the first instance, discuss any queries he or she has with the relevant Councillor. If required the Director Corporate will seek guidance or intervention from the Chief Executive Officer. 14. Reporting of Councillor Civic Expense Reimbursement In the interests of accountability and transparency, all expenses or costs paid by Council or reimbursed to Councillors will be publicly reported to the Council in summary form via the Quarterly Performance Form. 15. Insurance Policies Councillors are covered under the following Council insurance policies while discharging, in good faith, the duties of civic office including attendance at meetings of external bodies as Council representatives: Public liability Professional indemnity Adopted by Wangaratta Rural City Council 18 March

14 Councillors and Officers liability; and Personal accident (accompanying partners are also covered). 16. Councillors Retiring or Not Re-elected Councillors who retire or are not re-elected must return all Council provided equipment including communication hardware, security access cards and stationery items within one week following formalization of the Council election results. POLICY Related Policies Social Media Policy; Communications Strategy; IT Acceptable Use Policy; Electronic Mail Policy; Internet Access Policy; and Motor Vehicle Policy. Councillor Out of Pocket Reimbursement Form DEFINITIONS duties as a Councillor means duties performed by a Councillor that are necessary or appropriate for the purposes of achieving the objectives of Council. REFERENCES Local Government Act 1989 Councillor Code of Conduct Adopted by Wangaratta Rural City Council 18 March