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ELECTION CARETAKER PERIOD POLICY 2016 Policy Reference No. POL/163 File No. HCC15/882 Strategic Objective 5.3 Provide responsible and transparent governance, services and infrastructure which responds to and supports community needs.

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Page 1:  · Web view1.2 MEDIA ENQUIRIES AND SPOKESPERSONS Overview: In accordance with Hume City Council’s media policy, during normal times (outside a Council election): The Mayor is Hume

ELECTION CARETAKER PERIOD

POLICY 2016

Policy Reference No. POL/163File No. HCC15/882Strategic Objective 5.3 Provide responsible and transparent

governance, services and infrastructure which responds to and supports community needs.

Adopted by Council 29 March 2016Re-AdoptedDate for Review September 2019Responsible Officer Manager Communications & EventsDepartment Communications & Events

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ELECTION CARETAKER PERIOD POLICY 2016

1 POLICY STATEMENT

Hume City Council is committed to the principle of fair and democratic elections and will therefore adopt the practices within this policy and relevant legislative requirements as outlined in the Local Government Act 1989 (also referred to as ‘the Act’).

2 PURPOSE

2.1 The Election Caretaker Period Policy has been developed to ensure that the general elections of Hume City Council to be held on Saturday 22 October 2016 and subsequent elections are conducted in a manner that is ethical, fair and equitable and is publicly perceived as such.

2.2 This policy addresses the requirements as outlined in the Local Government Act 1989 in relation to the caretaker period and activities that are impacted during this time including decision-making, council resources public consultation and events, information and communications.

2.3 This policy also addresses the requirements as outlined in the Local Government Act 1989 in relation to Councillor conduct and misuse of position during the caretaker period. In addition to this policy, Council reinforces the importance of adhering to these requirements through its Code of Conduct for Councillors, which is about adopting good governance and leadership practices when representing Council and in dealings with the community, council staff and other Councillors.

3 SCOPE

This policy applies to Councillors, the Chief Executive Officer and Executive Management Team, the Senior Management Team and all Council staff.

4 OBJECTIVE

4.1 The objective of this policy is to develop a clear understanding and agreement on procedures for Councillors and all staff in relation to the caretaker period.

4.2 The policy is in accordance with new section 93B of the Local Government Act which states that a Council must prepare, adopt and maintain an election period policy in relation to procedures to be applied by Council during the election period for a general election.

4.3 Hume City Council has certain provisions in place before, during and after the election period (also known as the caretaker period) to ensure the orderly and proper conduct of the election process and to avoid actions and decisions that may be interpreted as influencing voters or binding an incoming Council.

5 POLICY IMPLEMENTATION

The following policy actions must be complied with during an election period which in 2016 will run from 12pm on 20 September to 6pm on 22 October 2016.

5.1 Decision-making

5.1.1 The Chief Executive Officer and Executive Management Team will assess all papers prepared for council or special committee meetings during the election period to ensure that no agenda item is included that

Policy Reference No: POL/163 Responsible Officer: Manager Communications & EventsDate of Re/Adoption: Department: Communications & EventsReview Date: September 2019

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ELECTION CARETAKER PERIOD POLICY 2016

could potentially influence voters’ intentions at the forthcoming election or could encourage councillor candidates to use the item as part of their electioneering.

5.1.2 Council will refrain from making major decisions such as (but not limited to) the allocation of community grants and other significant direct funding to community organisations, major planning scheme amendments and changes to strategic objectives and strategies in the council plan. Any other decision will be considered only if absolutely necessary for council operational purposes or pursuant to a statutory requirement.

5.1.3 Council will not make any decisions during the election period that will be binding on an incoming Council save for decisions which are part of the normal operating function of Council which includes most town planning matters.

5.1.4 In accordance with Section 93A of the Act, Council will not make any “Major Policy Decisions” during the election period. Major Policy Decisions are decisions:

a) relating to the employment or remuneration of a Chief Executive Officer under section 94, other than a decision to appoint an acting Chief Executive Officer;

b) to terminate the appointment of a Chief Executive Officer under section 94;

c) to enter into a contract the total value of which exceeds whichever is the greater of –

(i) $100,000 or such higher amounts as may be fixed by Order in Council under section 186 (1); or

(ii) 1% of the Council’s revenue from rates and charges levied under section 158 in the preceding financial year;

d) to exercise any power under section 193 of the Act if the sum assessed under section 193(5A) in respect of the proposal exceeds whichever is the greater of $100 000 or 1% of the Council’s revenue from rates and charges levied under section 158 in the preceding financial year.

5.1.5 If Council considers that there are extraordinary circumstances where the municipality or the local community would be significantly disadvantaged by Council not making a particular major policy decision, Council will, by resolution, request an exemption from the Minister for Local Government, in accordance with section 93A(2) of the Act.

5.1.6 Council will also not undertake a dispute resolution procedure if it is to occur during the caretaker period prior to a Council election.

5.1.7 The Hume City Council Councillors Code of Conduct (clause 10.1.5) provides that there should be no censure of government departments or Ministers and the notice of motion and general business are not to be of a political nature. It also outlines (in clause 10.1.6) that ward meetings are not to be held during the election period and all ward meetings are to be finalised by 30 June in an election year. A ward meeting may be

Policy Reference No: POL/163 Responsible Officer: Manager Communications & EventsDate of Re/Adoption: Department: Communications & EventsReview Date: September 2019

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perceived as having a political nature and thereby, undue influence on the election outcome.

5.2 Misuse of Council resources

5.2.1 Council will ensure that Council resources are not used inappropriately during an election period in ways that may influence voting in an election or provide undue advantage for a candidate. In any circumstances where the use of Council resources might be construed as being related to a candidate’s election campaign, advice will be sought from the Chief Executive Officer.

5.2.2 Council Staff will not authorise, use or allocate a council resource for any purpose that may influence voting in the election, except where it only relates to the election process and is authorised by the Chief Executive Officer.

5.2.3 Council resources, including office or meeting facilities, support staff, hospitality services, equipment, stationery, printing, photographs/graphics/videos and branding, will be used exclusively for normal Council business during the election period and will not be used in connection with any election campaign or in a manner that may be construed as supporting an election campaign.

5.2.4 No Council logos, letterheads or other expressions of Hume City Council’s brand (such as photographs/graphics, corporate colours, font and “H-symbol” key line) will be used for, or be linked in any way to, a candidate’s election campaign.

5.2.5 Council resources, including office or meeting facilities, support staff, hospitality services, equipment, stationery, printing, photographs/graphics/videos and branding are not to be used in ways that may influence voting in an election or provide undue advantage for a candidate.

5.2.6 In any circumstances where the use of Council resources might be construed as being related to a candidate’s election campaign, advice will be sought from the Chief Executive Officer.

5.2.7 Reimbursements of Councillors’ out-of-pocket expenses during the election period will only apply to costs that have been incurred in performance of normal duties as a Councillor and not for expenses that could be perceived as supporting or being connected with the election.

5.2.8 Equipment and facilities such as phones, laptops, facsimile machines, etc., provided to Councillors for the purpose of conducting normal Council business will not be used for campaigning purposes. Where it is impractical for Councillors to discontinue their use of these facilities during the election period, Councillors will reimburse Council for the usage of those services in accordance with Council’s Councillor Support and Expenses Entitlement Policy.

5.2.9 Council email addresses, facsimile numbers and telephone numbers will not be used as contact points in campaign material.

5.2.10 The Chief Executive Officer or any staff should not be asked to undertake any tasks connected directly or indirectly with electioneering.

Policy Reference No: POL/163 Responsible Officer: Manager Communications & EventsDate of Re/Adoption: Department: Communications & EventsReview Date: September 2019

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5.3 Misuse of position5.3.1 In accordance with Section 76D and 76E of the Act, a Councillor will not

misuse or inappropriately make use of their position. A breach of section 76D attracts serious penalties including possible imprisonment (refer to attachment).

5.4 Public consultation and Council events

5.4.1 Community consultation means that members of the community have been invited to comment on an issue, strategy or proposed policy.

5.4.2 No community consultation can occur during the election period. This includes surveys on a proposed strategy or policy, local area traffic management, resident surveys, online surveys, and consultations on new issues or developments that may become an election issue.

5.4.3 No new community consultation shall commence from 1 August 2016 until after the election period. This includes surveys on a proposed strategy or policy, local area traffic management, resident surveys, online surveys and consultations on new issues or developments that may become an election issue.

5.4.4 Consultations already in process must close for community comment by 31 August 2016.

5.4.5 It is preferable that no Council-run events and functions are held during the election period. If any are proposed to be held during the election period, they must have prior approval from the Chief Executive Officer and be considered essential to the operation of Council.

5.4.6 Public events and functions during the election period will only be organised and run by Council’s administration if they are part of Council’s normal business activities. Officers will plan to avoid staging any functions, public events or the launch of publications during the election period. No election material or active campaigning, including within the context of speeches by Councillors, is to be conducted at Council run and sponsored events.

5.4.7 Councillors can attend events and functions hosted by either Council or external parties during the election period. The Mayor can officially welcome guests at Council organised events and functions, however the Mayor and Councillors cannot give official speeches during the election period. During this time the Chief Executive Officer or Director is to give the speech. The speech should not contain any comment that could be considered as Council pushing an election issue and must be approved by the Chief Executive Officer or Manager Marketing and Communications. In addition, no copies of the speech are to be handed out to the community or media at the event.

5.5 Information5.5.1 Council affirms that all candidates for the Council election will be treated

equally in terms of assistance and advice relating to the conduct of the Council election. All election related enquiries will be directed to the Returning Officer or, where the matter is outside the responsibilities of the Returning Officer, to the Chief Executive Officer.

Policy Reference No: POL/163 Responsible Officer: Manager Communications & EventsDate of Re/Adoption: Department: Communications & EventsReview Date: September 2019

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5.5.2 Information and briefing material prepared by Council staff for Councillors during the election period will relate only to factual matters, existing Council services, or information that would normally be available to the public. All such requests for information or action are to be issued through the Executive Officer who will keep a record of requests made and advice provided.

5.5.3 No information will be provided which relates to new policy development, new projects or matters that are the subject of public or election debate or might be perceived to be connected with a candidate’s election campaign.

5.5.4 All requests for information or action are to be issued through the offices of the responsible Council Director and the Executive Officer who will keep a record of requests made and advice provided. In the interests of ensuring equal access to all candidates, if information is sent to one candidate or Councillor, it should be sent to all.

5.6 Communication5.6.1 In accordance with Section 55D of the Act, Council will not print, publish

or distribute or cause, permit or authorise to be printed published or distributed, any advertisement, handbill, pamphlet or notice during the election period unless it has been certified in writing by the Chief Executive Officer.

5.6.2 The Chief Executive Officer will not certify a publication in either electronic or hard copy format that contains electoral matter. This includes social media activities and online/digital communications. Electoral matter is defined broadly as any matter which is intended, or likely to affect voting in an election. It includes any material that refers to the election or candidates in the election or issues submitted to or otherwise before the voters in connection with the election. It excludes material produced for the purpose of conducting the election or informing the community about the election process.

The below table is a guide for staff and Councillors on what is expected during the election period in relation to communications as well as examples of how to deal with particular issues.

ACTIVITY PROCESS

1.0 MEDIA RELATIONS1.1 MEDIA RELEASES Overview:

Media releases written and distributed by Hume City Council will be issued in print and electronic forms to local and metropolitan media forms to increase awareness of Council’s services and activities and promote new programs and/or initiatives being undertaken.

During the election period, the content of media releases cannot include any information that might influence or be perceived to influence the outcome of the election.Permitted:

Policy Reference No: POL/163 Responsible Officer: Manager Communications & EventsDate of Re/Adoption: Department: Communications & EventsReview Date: September 2019

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Media releases can still be distributed during the election period as long as they only contain information about general Council services and activities ie ‘business as usual’ or information about the election process.

The CEO, or an officer determined by the CEO, will be the only spokesperson quoted in media releases during the election period.

All media releases distributed during the election period must be approved by the CEO or Manager Marketing and Communications and the relevant Director.

Copies of Council’s weekly media releases will continue to be distributed to Councillors during the election period.Not permitted:Media releases that include reference to specific Councillors either sitting or retiring or information about a topic or policy that is an election issue are not permitted under any circumstance.

Under clause 10.4.2 of the Code of Conduct for Councillors, no Council staff member may make any public statement that could be construed as influencing the election. This does not include statements of clarification that are approved by the Chief Executive Officer.

In addition, Councillors must not use their position as an elected representative or their access to Council staff and resources to assist them in gaining media attention on any issue.Scenario:A candidate has been reported in the media raising concerns about Council’s lack of investment into repairing roads in a particular suburb. Can Council issue a media release about the commencement of construction of a new road in that same suburb in response to the candidates allegations?

No – this would be viewed as an election issue and any comment on the issue in a media release may influence the outcome of the election.

However if the media were to ask questions of Council in relation the issue raised by the candidate then Council can provide a statement that is factual in its content and talks about the total of funds spent in repairing roads in that area.Can Councillors issue their own media releases during the election period?

Councillors, like other candidates can issue their own media release provided:• No assistance or advice was provided by Council

staff in preparation of the media release• Is it not on Council letterhead or branded with

Policy Reference No: POL/163 Responsible Officer: Manager Communications & EventsDate of Re/Adoption: Department: Communications & EventsReview Date: September 2019

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logos or graphics that may make it appear as being an official Council media release

• That the statements and information within the media release are clearly identified as the views of the candidate and not Hume City Council

1.2 MEDIA ENQUIRIES AND SPOKESPERSONS Overview:

In accordance with Hume City Council’s media policy, during normal times (outside a Council election):• The Mayor is Hume City Council’s official

spokesperson in media releases• All media enquiries are to be initially directed to

Marketing and Communications• Council staff are not permitted to talk to the

media without the knowledge of Marketing and Communications and unless prior approval is given by their relevant Director

• The Mayor, CEO and/or Directors may be quoted as a spokesperson in responding to media enquiries. In addition, depending on the issue, Managers may also be quoted.

• All responses to media enquiries must be signed off by the CEO and/or relevant Director.

During the election period however, the CEO or an officer delegated by the CEO will be the only spokesperson quoted in media releases and in response to media enquiries.

Directors and Managers will not be quoted as a spokesperson in response to a media enquiry during the election period unless the CEO has given prior approval.Permitted:Providing the topic is not an election issue, the CEO will be the only spokesperson responding to media enquiries and quoted in media releases.

All media responses must be approved by the CEO or Manager Marketing and Communications and the relevant Director.Not Permitted:Statements will not be provided to the media if their questions relate to an election issue including responses from Council in relation to any comments made by Councillors or candidates.

Directors and Managers will not be quoted as a spokesperson in response to a media enquiry during the election period unless the CEO has given prior approval.

The Mayor and Councillors are not permitted to comment in an official capacity ie as Council, about an issue raised by a candidate or the media during the election period.

Policy Reference No: POL/163 Responsible Officer: Manager Communications & EventsDate of Re/Adoption: Department: Communications & EventsReview Date: September 2019

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Scenario:What happens if the media contacts the Mayor and Councillors for a comment about an issue during the election period?

Councillors as with any candidate in the election can make comments on any issue provided the Councillor makes it very clear to the journalist that they are speaking as a candidate in the election and the statements and opinions they are making are personal views and do not represent the views of Council.

What happens if the media contacts Council seeking a comment about the views or opinions expressed by a Councillor or candidate during the election period?

The CEO, in consultation with the Manager Marketing and Communications and the relevant Director, can clarify the facts about operational matters (i.e a Council service, facility or event) where misinformation or misleading statements could potentially damage or impact Council and/or the community.

1.3 MEDIA ADVICE Overview:All requests or questions from Councillors in relation to media during the election period will be directed to the CEO or the Manager Marketing and Communications.Permitted:During the election period, Councillors will continue to be provided with Council’s media releases on a weekly basis.Not Permitted:Council staff cannot provide Councillors with any media advice or assistance on topics that are considered election issues.

1.4 MEDIA ENQUIRIES - INSTIGATED BY CANDIDATES

Overview:The Code of Conduct for Councillors provides that Council publicity during the election period will be restricted to promoting normal Council activities.

So as a general principle, Council will not respond to opinions expressed or issues raised before or during the election process.

However, under clause 10.4.2 of the Code of Conduct for Councillors, where a publicity campaign is deemed necessary for a Council service or function, then the Chief Executive Officer can approve it.

Scenario:What happens if a Council candidate alleges, as fact, a matter that is incorrect and/or misleading?

The CEO, in consultation with the Manager Marketing and Communications and the relevant Director, can clarify the facts about operational matters (i.e a Council service, facility or event) where misinformation or misleading statements could

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potentially damage or impact Council and/or the community.

1.5 SOCIAL MEDIA Overview:Councillors must also adhere to Hume City Council codes of conduct, policies and procedures.

Similar to the handling of media enquiries/issues, Councillors as with any candidate in the election can make comments on any issue.

The Councillor must make it very clear that they are speaking as a candidate in the election and the statements and opinions they are making are personal views and do not represent the views of Council.

The CEO, in consultation with the Manager Marketing and Communications and the relevant Director, can clarify the facts about operational matters (i.e a Council service, facility or event) where misinformation or misleading statements could potentially damage or impact Council and/or the community.

No other Council staff member may make any public statement that could be construed as influencing the election. This does not include statements of clarification that are approved by the Chief Executive Officer.

In addition to ‘USE OF COUNCIL’S INTERNET, EMAIL AND ELECTRONIC COMMUNICATIONS

POLICY’ and Council’s Social Media Guidelines, the following must be adhered too during the election period:

- Any post on a social media site by a Council officer must be recorded and certified before being posted;

- Social media posts will focus on normal day-to-day operational activities only – Council will not promote launches or announcements of any new projects, policy initiatives or programs;

- Digital media or video content that features a Councillor or candidate or that features material that could be perceived as electoral matter will be hidden from public view during the caretaker period;

- Moderation of social media sites will be increased during this period and any comments that might be perceived to be electoral matter will be removed as soon as possible;

- The Chief Executive Officer may delegate an approved Council officer to monitor, respond to and delete content deemed inappropriate or in electoral of nature;

- Councillors or candidates engaging with Council’s social media channels are not to engage in political debate – any content

Policy Reference No: POL/163 Responsible Officer: Manager Communications & EventsDate of Re/Adoption: Department: Communications & EventsReview Date: September 2019

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deemed to do so will be removed;- No content will be permitted which may be

construed as of an electoral nature;- No hosting or responding to political content at

all is permitted.

2.0 PUBLICATIONS AND OTHER COMMUNICATION MATERIAL2.1 PUBLICATIONS Overview:

Hume City Council publishes and distributes a wide range of publications including but not limited to: Hume Pride; brochures and flyers; Annual Report; and newsletters.

Publications should also be read broadly to include electronic and web based publications and information.

Listed below are guidelines for how Council will manage the production of its publications during the election period.Permitted:Council can continue to publish and distribute publications as long as the publication does not contain any information on an election issue or promotes individual Councillors. All publications distributed during the election period must be approved by the CEO or Manager Marketing and Communications.Not Permitted:During the election period, Council must not print, publish or distribute any material that may be perceived ‘electoral matter’. Information such as a Mayor’s message is not permitted, as it could be seen as campaigning.

In addition, any existing publications that contain information on topics that are election issues including publications that promote the achievements of individual Councillors or contain a Mayor’s or Council message must be removed from public display during the election period. This includes all Customer Service Centres.

Copies of publications that have been removed from display during the election period, can however be given out if we have received a request for them.

2.2 HUME PRIDE Overview:Hume Pride is distributed quarterly to all households in Hume. It includes a Mayor’s message, stories on services and activities across the City and Ward reports from Councillors.

Because it contains a Mayor’s message and photos of and comments from Councillors, it is directly impacted by the caretaker conventions.

The content of Hume Pride must be approved by the Manager Marketing and Communications prior to its printing and distribution.

Policy Reference No: POL/163 Responsible Officer: Manager Communications & EventsDate of Re/Adoption: Department: Communications & EventsReview Date: September 2019

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Permitted:The Spring edition of Hume Pride will be published and distributed to residents no later than 10 September 2016 and as such, will not be impacted by the caretaker period.

As Hume Pride is distributed close to the election, all stories will be carefully considered to ensure that they are not seen as campaigning.

2.3 ANNUAL REPORT Overview:Council’s Annual Report is produced in accordance with the Local Government Act and documents Council’s achievements actions against the planned objectives, strategies and actions in our Council Plan.

The 2015/16 Annual Report will be sent to the Minister before the 30 September 2016.

2.4 COUNCIL’S WEBSITE Permitted:Individual photos, contact details and portfolio responsibilities of individual Councillors will continue to appear on the Hume City Council internet during the election period.

Not Permitted:All of the following information will be removed from Council’s website during the election period:• Photos of Councillors promoting specific events• Any publication that contains a Mayor’s message• Any surveys or links to areas where the

community is asked to provide feedback on an issue

• Any media release that contains a statement from the current or past Mayors or individual Councillors.

2.5 COUNCILLOR WEBSITES & SOCIAL MEDIA ACCOUNTS

Permitted:During the election period, Councillors can have their own website and social media accounts however it must be made clear to visitors and followers that the information on the site is not approved by Council.

There must be no links to Hume City Council’s website or social media sites and there must not be any content that has been generated by Hume City Council, for example a copy of a Council report or strategy.Not Permitted:As indicated above, the following is not permitted during the election period:• Any comments on the website or social media

site must be made clear that they are the opinion of the individual as a candidate not in the role as a Councillor

• The content on the site must not give an impression that it is endorsed by or the position of Council.

• Individual sites or posts of Councillors must not have a link to Hume City Council website or

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social media pages or contain Council branding or logos.

• No Council reports, strategies etc must appear on the site.

3.0 COUNCIL BRANDING, LOGOS AND STATIONERYNot Permitted:No Council branding, logos or letterheads can be used for or linked to a Councillor’s election campaign.

6 DEFINITIONS AND ABBREVIATIONS

6.1 Election or Caretaker Period – refers to the time in which the activities of Council and Councillors are restricted as outlined in this policy. The 2016 election period will run from 12pm on 20 September to 6pm on 22 October 2016.

6.2 CEO – Chief Executive Officer

7 RELATED DOCUMENTS

7.1 Local Government Act 1989

7.2 Hume City Council Code of Conduct for Councillors

7.3 Social Media Guidelines

7.4 Use of Council’s Internet, Email and Electronic Communications Policy

8 RELATED DOCUMENTS

8.1 Attachment One - Relevant sections of the Local Government Act 1989

Policy Reference No: POL/163 Responsible Officer: Manager Communications & EventsDate of Re/Adoption: Department: Communications & EventsReview Date: September 2019

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Attachment 1: Relevant sections of the Local Government Act 1989

PART 3 - ELECTIONS

Section 31 General elections(1) Subject to this Division, a general election of Councillors for all Councils must be held

on the fourth Saturday in October 2012 and thereafter on the fourth Saturday in October in the fourth year after the last general election of Councillors for all Councils was held.

Section 55D Prohibition on Council(1) A Council must not print, publish or distribute or cause, permit or authorise to be

printed, published or distributed, any advertisement, handbill, pamphlet or notice during the election period unless the advertisement, handbill, pamphlet or notice has been certified, in writing, by the Chief Executive Officer.

(1A) For the purposes of subsection (1), the publication of a document of a kind specified in that subsection does not include—

(a)publication of any document published before the commencement of the election period; and

(b)publication of any document required to be published in accordance with, or under, any Act or regulation.

(2) The Chief Executive Officer must not intentionally or recklessly certify an electoral advertisement, handbill, pamphlet or notice during the election period unless it only contains information about the election process.

(3) Despite section 98(2), the Chief Executive Officer must not delegate the power to certify any advertisement, handbill, pamphlet or notice under this section to a member of Council staff.

(4) A Councillor or member of Council staff must not intentionally or recklessly print, publish or distribute or cause, permit or authorise to be printed, published or distributed an electoral advertisement, handbill, pamphlet or notice during the election period on behalf of, or in the name of, the Council or on behalf of, or in the name of, a Councillor using Council resources if the electoral advertisement, handbill, pamphlet or notice has not been certified by the Chief Executive Officer under this section.

PART 4 – COUNCIL ADMINISTRATION

Section 76D Misuse of position(1) A person who is, or has been, a Councillor or member of a special committee must

not misuse his or her position—

(a) to gain or attempt to gain, directly or indirectly, an advantage for themselves or for any other person; or

(b) to cause, or attempt to cause, detriment to the Council or another person.

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(2) For the purposes of this section, circumstances involving the misuse of a position by a person who is, or has been, a Councillor or member of a special committee include—

(a) making improper use of information acquired as a result of the position he or she held or holds; or

(b) disclosing information that is confidential information within the meaning of section 77(2); or

(c) directing or improperly influencing, or seeking to direct or improperly influence, a member of Council staff in contravention of section 76E; or

(d) exercising or performing, or purporting to exercise or perform, a power, duty or function that he or she is not authorised to exercise or perform; or

(e) using public funds or resources in a manner that is improper or unauthorised; or

(f) failing to disclose a conflict of interest as required under this Division.

Section 93A Conduct of Council during election period(1) Subject to this section, a Council, a special Committee or a person acting under a

delegation given by the Council must not make a major policy decision during the election period for a general election.

(2) If a Council considers that there are extraordinary circumstances which require the making of a major policy decision during the election period, the Council may apply in writing to the Minister for an exemption from the application of this section to the major policy decision specified in the application.

(3) If the Minister is satisfied that there are extraordinary circumstances, the Minister may grant an exemption from the application of this section to the major policy decision specified in the application subject to any conditions or limitations that the Minister considers appropriate.

(4) A major policy decision made in contravention of this section is invalid.

(5) Any person who suffers any loss or damage as a result of acting in good faith on a major policy decision made in contravention of this section is entitled to compensation from the Council for that loss or damage.

(6) In this section, a major policy decision means any decision—

(a)relating to the employment or remuneration of a Chief Executive Officer under section 94, other than a decision to appoint an acting Chief Executive Officer;

(b)to terminate the appointment of a Chief Executive Officer under section 94;

(c) to enter into a contract the total value of which exceeds whichever is the greater of—

(i) $100 000 or such higher amount as may be fixed by Order in Council under section 186(1); or

(ii) 1% of the Council's revenue from rates and charges levied under section 158 in the preceding financial year;

(d) to exercise any power under section 193 if the sum assessed under section 193(5A) in respect of the proposal exceeds whichever is the greater of $100 000 or 1% of the Council's revenue from rates and charges levied under section 158 in the preceding financial year.

Policy Reference No: POL/163 Responsible Officer: Manager Communications & EventsDate of Re/Adoption: Department: Communications & EventsReview Date: September 2019

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ELECTION CARETAKER PERIOD POLICY 2016

Section 93B Council to adopt an election period policy(1) A Council must prepare, adopt and maintain an election period policy in relation to

procedures to be applied by Council during the election period for a general election.

(2) A Council must prepare and adopt an election period policy as required by subsection (1)—

(a)by 31 March 2016; and

(b)following the general election on 22 October 2016, continue to maintain the election period policy by reviewing and, if required, amending the policy not later than 12 months before the commencement of each subsequent general election period.

(3) An election period policy must include the following—

(a)procedures intended to prevent the Council from making inappropriate decisions or using resources inappropriately during the election period before a general election;

(b) limits on public consultation and the scheduling of Council events;

(c) procedures to ensure that access to information held by Council is made equally available and accessible to candidates during the election.

(4) A copy of the election period policy must—

(a)be given to each Councillor as soon as practicable after it is adopted; and

(b)be available for inspection by the public at the Council office and any district offices; and

(c) be published on the Council's Internet website maintained under section 82A.

(5) In this section—

inappropriate decisions made by a Council during an election period includes any of the following—

(a) decisions that would affect voting in an election;

(b) decisions that could reasonably be made after the election.

Section 95 Conduct principles(1) Council staff must in the course of their employment—

(a)act impartially;

(b)act with integrity including avoiding conflicts of interest;

(c) accept accountability for results;

(d)provide responsive service.

Policy Reference No: POL/163 Responsible Officer: Manager Communications & EventsDate of Re/Adoption: Department: Communications & EventsReview Date: September 2019

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ELECTION CARETAKER PERIOD POLICY 2016

Date Adopted 29 March 2016Date Re-AdoptedReview Date September 2019

Policy Reference No: POL/163 Responsible Officer: Manager Communications & EventsDate of Re/Adoption: Department: Communications & EventsReview Date: September 2019

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