Agenda of Council - Monday, 10 January 2022

Council 10 January 2022 Item 7.1

FAIR

ITEM NUMBER 7.1

SUBJECT FOR APPROVAL: Election of the Lord Mayor

REFERENCE F2021/00521 - D08299812

REPORT OF Governance Manager

workshop/briefing date: 6 January 2022

PURPOSE:

The purpose of this report is to elect a Lord Mayor for the ensuring two (2) years to September 2023.

RECOMMENDATION

(a) That in accordance with Schedule 7 of the Local Government (General) Regulation 2005, the Chief Executive Officer, as the Returning Officer, conduct the Election of the Lord Mayor.

(b) That in the event that there be more than one (1) nomination, Council determine the method of voting, as outlined in paragraph 7 of this Report.

(d) Further, that Local Members, surrounding Councils and other key stakeholders be informed of the result of the election.

BACKGROUND

1. Mayoral elections must be held at the first Council Meeting following an ordinary election. In accordance with Section 290 of the Local Government Act 1993 (the Act), an election of a Lord Mayor by the Councillors must be held:

1(a) if it is the first election after an ordinary election of councillors – within 3 weeks after the ordinary election…”

2. Section 230 of the Act provides that a Mayor elected by Councillors holds this office for two (2) years. The office of the Mayor:

“(3) The office of mayor--

(a) commences on the day the person elected to the office is declared to be so elected, and

(b) becomes vacant when the person's successor is declared to be elected to the office, or on the occurrence of a casual vacancy in the office.”

3. It is noted that Section 233A of the Act requires Councillors to take an oath of office or make an affirmation of office at or before the first Council Meeting of the new term. The Oath / Affirmation of Office has been scheduled to take place prior to the commencement of this meeting.

4. Having regard to the off-cycle ordinary elections held on 4 December 2021 (postponed due to the COVID-19 pandemic), it is noted that the term of Council will be for a period of 33 months (normal term of Council being 48 months).

5. Council is advised that the two (2) year term of Lord Mayor will commence on 10 January 2022 and conclude in September 2023, when a subsequent election of the Lord Mayor will be held for the ensuring twelve (12) months (to September 2024).

ISSUES/OPTIONS/CONSEQUENCES

6. The Chief Executive Officer is nominated as Returning Officer for the election of the Lord Mayor.

7. Traditionally, the City of Parramatta Council has conducted the election of the Lord Mayor by open means. However, Council may determine an alternative method of voting as follows:

a. Open voting (ie by show of hands);

b. Ordinary ballot (ie a secret ballot (place an “x” against the candidate of their choice);

c. Preferential ballot (ie place 1, 2, 3 etc against each candidate).

8. The election of the Lord Mayor will be conducted in accordance with Schedule 7 of the Regulations, and as outlined in the Fact Sheet issued by the Office of Local Government on the Election of Mayor and Deputy Mayors by Councillors (as attached to this report).

CONSULTATION & TIMING

Stakeholder Consultation

9. The following stakeholder consultation has been undertaken in relation to this matter:

Date	Stakeholder	Stakeholder Comment	Council Officer Response	Responsibility
Nil

Councillor Consultation

10. The following Councillor consultation has been undertaken in relation to this matter:

Date	Councillor	Councillor Comment	Council Officer Response	Responsibility
6/1/22	Workshop with all Councillors on the conduct of Mayoral and Deputy Mayoral Elections	Nil at the time of writing the report	NA	NA

LEGAL IMPLICATIONS FOR COUNCIL

11. There are no legal implications for Council associated with this report.

FINANCIAL IMPLICATIONS FOR COUNCIL

12. There are no unbudgeted financial implications associated with the election of the Lord Mayor, other than those allocated for the conduct of an ordinary Council Meeting. These costs are provided for within Council’s current adopted budget.

13. The current remuneration payable to the Lord Mayor in the conduct of their duties is in the order of $112,520 (in accordance with the Local Government Remuneration Tribunal Annual Report and Determination dated 23 April 2021). The remuneration payable is provided for within Council’s current adopted budget.

	FY 21/22	FY 22/23	FY 23/24	FY 24/25
Revenue
Internal Revenue
External Revenue
Total Revenue	Nil

Funding Source

Operating Result
External Costs
Internal Costs
Depreciation
Other
Total Operating Result	Nil

Funding Source

CAPEX
CAPEX
External
Internal
Other
Total CAPEX	Nil

Patricia Krzeminski

Governance Manager

Richard Sheridan

Chief Financial Officer

Jillian Khoo

Executive Director Corporate Services

Brett Newman

Chief Executive Officer

Attachments:

1 ⇩	OLG Fact Sheet - Election of Mayor and Deputy Mayors by Councillors	6 Pages
2 ⇩	Nomination Form - Lord Mayor	1 Page

REFERENCE MATERIAL

Council 10 January 2022 Item 7.2

FAIR

ITEM NUMBER 7.2

SUBJECT FOR APPROVAL: Election of the Deputy Lord Mayor

REFERENCE F2021/00521 - D08305347

REPORT OF Governance Manager

workshop/briefing date: 6 January 2022

PURPOSE:

The purpose of this report is to outline the required procedure to elect a Deputy Lord Mayor for the ensuring 20 months to September 2023.

RECOMMENDATION

(a) That in accordance with Schedule 7 of the Local Government (General) Regulation 2005, the Chief Executive Officer, as the Returning Officer, conduct the Election of the Deputy Lord Mayor.

(b) That in the event that there be more than one (1) nomination, Council determine the method of voting, as outlined in paragraph 5 of this Report.

(d) Further, that Local Members, surrounding Councils and other key stakeholders be informed of the result of the election.

BACKGROUND

1. Section 231 of the Local Government Act 1993 (the Act) provides that Councils may chose to elect a Deputy Mayor:

“(1) The councillors may elect a person from among their number to be the deputy mayor.

(2) The person may be elected for the mayoral term or a shorter term.

(3) 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.

(4) The councillors may elect a person from among their number to act as deputy mayor if the deputy mayor is prevented by illness, absence or otherwise from exercising a function under this section, or if no deputy mayor has been elected.”

2. Additionally, Section 249 of the Act provides that a Council may pay the deputy mayor (if there is one) a fee determined by the council for such time as the deputy mayor acts in the office of the mayor. The amount of the fee so paid must be deducted from the mayor’s annual fee.

3. The City of Paramatta Council has traditionally elected a Deputy Lord Mayor for a period of 12 months. Having regard to the off-cycle election conducted in December 2021, it is recommended that the term of the Deputy Lord Mayor coincide with the term of the Lord Mayor until September 2023.

ISSUES/OPTIONS/CONSEQUENCES

4. The Chief Executive Officer is nominated as Returning Officer for the election of the Deputy Lord Mayor.

5. Traditionally, Council has conducted the election of the Deputy Lord Mayor by open voting. However, Council may determine an alternative method of voting as follows:

a. Open voting (ie by show of hands);

b. Ordinary ballot (ie a secret ballot (place an “x” against the candidate of their choice);

c. Preferential ballot (ie place 1, 2, 3 etc against each candidate).

6. The election of the Deputy Lord Mayor will be conducted in accordance with Schedule 7 of the Regulations, and as outlined in the Fact Sheet issued by the Office of Local Government on the Election of the Mayor and Deputy Mayor by Councillors (as attached to this report).

7. In accordance with section 249 of the Local Government Act 1993 (LG Act), Council may pay the deputy mayor (if there is one) a fee determined by the council for such time as the deputy mayor acts in the office of the mayor. The amount of the fee so paid must be deducted from the mayor’s annual fee.

8. Council may wish to determine a fee to pay to the Deputy Mayor at a later date, should leave of absence be sought and granted to the Lord Mayor during the term of office.

CONSULTATION & TIMING

Stakeholder Consultation

9. The following stakeholder consultation has been undertaken in relation to this matter:

Date	Stakeholder	Stakeholder Comment	Council Officer Response	Responsibility
Nil

Councillor Consultation

10. The following Councillor consultation has been undertaken in relation to this matter:

Date	Councillor	Councillor Comment	Council Officer Response	Responsibility
6/1/22	Workshop with all Councillors on the conduct of Mayoral and Deputy Mayoral Elections	Nil at the time of writing the report	NA	NA

LEGAL IMPLICATIONS FOR COUNCIL

11. There are no legal implications for Council associated with this report.

FINANCIAL IMPLICATIONS FOR COUNCIL

13. Section 249 of the LG Act provides that a Council may pay the deputy mayor (if there is one) a fee determined by the council for such time as the deputy mayor acts in the office of the mayor. The amount of the fee so paid must be deducted from the mayor’s annual fee.

14. Historically, Council has not determined a fee to be paid to the Deputy Lord Mayor for such times as they act in the office of the Lord Mayor. However, should Council wish to consider determining a fee to be paid to the Deputy Lord Mayor for times when they act in the office of the Lord Mayor, the fee can be determined at a time when leave of absence is sought and granted to the Lord Mayor during the term of office.

	FY 21/22	FY 22/23	FY 23/24	FY 24/25
Revenue
Internal Revenue
External Revenue
Total Revenue	Nil

Funding Source

Operating Result
External Costs
Internal Costs
Depreciation
Other
Total Operating Result	Nil

Funding Source

CAPEX
CAPEX
External
Internal
Other
Total CAPEX	Nil

Patricia Krzeminski

Governance Manager

Richard Sheridan

Chief Financial Officer

Jillian Khoo

Executive Director Corporate Services

Brett Newman

Chief Executive Officer

Attachments:

1 ⇩	Fact Sheet - Election of Mayor and Deputy Mayor by Councillors	6 Pages
2 ⇩	Nomination Form - Deputy Lord Mayor	1 Page

REFERENCE MATERIAL

Council 10 January 2022 Item 7.3

FAIR

ITEM NUMBER 7.3

SUBJECT FOR APPROVAL: Filling Casual Vacancies in Civic Office

REFERENCE F2021/00521 - D08305361

REPORT OF Governance Manager

workshop/briefing date: 6 January 2022

PURPOSE:

The purpose of this report is to seek Council’s approval to fill casual vacancies in Civic Office within the first 18 months of a Local Government Election by way of countback of votes cast at the Local Government Elections (held 4 December 2021) in accordance with Section 291A of the Local Government Act 1993.

RECOMMENDATION

(a) That the City of Parramatta Council, pursuant to Section 291A of the Local Government Act 1993 (the Act), declares that casual vacancies occurring in the office of a Councillor within 18 months after the last ordinary election of Councillors for the Council on 4 December 2021 are to be filled by a countback of votes cast at that election for the office in accordance with Section 291A of the Act.

(b) That Council delegate authority to the Chief Executive Officer to negotiate, finalise and execute all documents and agreements with the NSW Electoral Commission in connection with this matter.

(c) Further, that the Chief Executive Officer notify the NSW Electoral Commission of the Council’s decision within seven (7) days of the decision.

BACKGROUND

1. In September 2019, Council entered into a contract with the NSW Electoral Commission for the administration of the elections, on behalf of the Chief Executive Officer. The last Local Government Elections were held on 4 December 2021.

ISSUES/OPTIONS/CONSEQUENCES

2. Section 291A of the Local Government Act 1993 (the Act) provides that should any casual vacancy occur within the first 18 months of an election, the opportunity to fill those vacancies by way of the “countback of votes” method (instead of a full by-election) must be determined by Council at the first Council Meeting of the new term. Specifically, Section 291A states:

291A Countback to be held instead of by-election in certain circumstances

(1) This section applies to a casual vacancy in the office of a councillor if--

(a) the casual vacancy occurs within 18 months after the date of the last ordinary election of the councillors for the area, and

(b) the council has at its first meeting following that ordinary election of councillors, by resolution, declared that any such casual vacancy is to be filled by a countback of votes cast at the last election for that office.

(2) This section does not apply to a casual vacancy in the office of a councillor if the councillor who vacated office was elected--

(a) in an election using the optional preferential voting system (including the election of a mayor elected by the electors of an area), or

Note : See section 285 (Voting system for election of councillors).

(b) in an election without a poll being required to be held.

Note : See section 311 (Uncontested elections).

(3) A casual vacancy to which this section applies is to be filled by a countback election conducted in accordance with the regulations.

(4) A countback election to fill a casual vacancy to which this section applies must be conducted--

(a) if the election at which the person whose departure created the casual vacancy was elected was administered by the Electoral Commissioner--by a returning officer appointed by the Electoral Commissioner, or

(b) if the election at which the person whose departure created the casual vacancy was elected was administered by a returning officer appointed by an electoral services provider engaged by the council--by a returning officer appointed by the electoral services provider.

(5) If a countback election fails or the returning officer is otherwise unable to fill the casual vacancy by a countback election--

(a) the returning officer must notify the general manager of the council concerned, and

(b) a by-election in accordance with this Part must be held to fill the casual vacancy.

(5A) If an electoral services provider engaged by the council is unable to appoint a returning officer for the purposes of subsection (4)(b), a by-election in accordance with this Part must be held to fill the casual vacancy.

(6) This section does not apply to a casual vacancy in the office of a councillor if the vacancy occurs before the day prescribed for the purposes of this section by the regulations.

3. It is recommended that Council resolve to fill any casual vacancy that may occur within the first 18 months of an ordinary election by way of the countback of votes cast at the last election.

CONSULTATION & TIMING

Stakeholder Consultation

4. The following stakeholder consultation has been undertaken in relation to this matter:

Date	Stakeholder	Stakeholder Comment	Council Officer Response	Responsibility
19 November 2021	NSW Electoral Commission	Provision of accurate wording for the recommendation for Council to consider declaring a countback method for the purposes of filling casual vacancies within the first 18 months of an ordinary election. Provision of estimated costs for both countback method and full by-election.	Noted.	Governance

Councillor Consultation

5. The following Councillor consultation has been undertaken in relation to this matter:

Date	Councillor	Councillor Comment	Council Officer Response	Responsibility
6 January 2022	Briefing with all Councillors	Nil at the time of writing this report

LEGAL IMPLICATIONS FOR COUNCIL

6. Should Council not consider the method of filling casual vacancies that may occur within the first 18 months of an ordinary election at the first Council Meeting, Council would be unable to utilise the countback of votes cast at the last election, and would be required to conduct a full by-election.

7. Should Council resolve in accordance with the report recommendation, then any agreement required for the provision of countback services to Council would be prepared and reviewed by Council’s legal services unit, prior to execution by the Chief Executive Officer.

FINANCIAL IMPLICATIONS FOR COUNCIL

8. The cost to Council for the NSW Electoral Commission to administer the Local Government Elections on 4 December 2021 was in the order of $1,230,000.

9. It is difficult to accurately anticipate the cost of a by-election or countback at this time, however the NSW Electoral Commission have provided some advice in relation to the costs associated with filling casual vacancies by way of either a by-election or countback method.

By-Election

The costs of a normal by-election with attendance and postal voting are in the region of 70%-80% of the cost of an ordinary election. For a single ward, the cost would be lower however, there are a number of fixed costs that would affect the overall costings. Based on the cost of the 2021 Elections, it may be appropriate to estimate the cost of a by-election for a single ward in the vicinity of $400,000 to $500,000.

Countback

The NSW Electoral Commission have not priced countback elections as there are a number of variables which would affect the cost. However, it is noted that there would be no requirement for pre-poll venues, polling places and very few staff would be required to conduct a countback, the cost would be significantly lower than a conventional by-election.

10. Should Council resolve in accordance with the recommendation, the costs to conduct a countback of the votes cast at the last ordinary election would be funded from general revenue. Any costs associated with a countback would be included in the appropriate quarterly budget review for Council’s ratification.

	FY 21/22	FY 22/23	FY 23/24	FY 24/25
Revenue
Internal Revenue
External Revenue
Total Revenue

Funding Source

Operating Result
External Costs
Internal Costs
Depreciation
Other
Total Operating Result

Funding Source

CAPEX
CAPEX
External
Internal
Other
Total CAPEX

Patricia Krzeminski

Governance Manager

Richard Sheridan

Chief Financial Officer

Jillian Khoo

Executive Director Corporate Services

Brett Newman

Chief Executive Officer

Attachments:

There are no attachments for this report.

REFERENCE MATERIAL