POLICY ON CIVIC OFFICE
EXPENSES AND FACILITIES
Policy 217
INDEX
Page
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
Introduction ................................................................................................................ 2
Legislative Provisions ............................................................................................... 2
Division of Local Government Guidelines .............................................................. 2
Restrictions on Private Use .................................................................................... 3
Objectives ................................................................................................................... 4
Who does the policy apply to? ................................................................................. 4
Approval Process ....................................................................................................... 4
Reconciliation and Reimbursement ......................................................................... 5
BIlled Expenses / Facilties .................................................................................... 5
Reimbursement of Expenses ................................................................................ 5
Conferences, Seminar and Training ........................................................................ 6
Conference, Seminar and Training Expenses ........................................................ 6
Sustenance and Out-Of Pocket Expenses ............................................................. 7
Overseas and Interstate Travel ................................................................................. 8
Interstate Travel ..................................................................................................... 8
Overseas Travel ..................................................................................................... 9
Travel Expenses ......................................................................................................... 9
Use of Cabcharge ................................................................................................ 10
Use of Private Vehicle .......................................................................................... 11
Traffic and Parking Fines / Infringements............................................................. 11
Carer's and Special Requirement Expenses ......................................................... 11
Process for Approval of Carer's and Special Requirement Expenses ................. 12
Expenses and Facilities for Councillors with Disabilities ...................................... 12
Insurance .................................................................................................................. 13
Personal Injury ..................................................................................................... 13
Professional Indemnity ......................................................................................... 13
Public Liability....................................................................................................... 13
Travel Insurance................................................................................................... 13
Legal Assistance for Councillors ........................................................................... 14
Formal Enquiry ..................................................................................................... 15
Legal Proceedings................................................................................................ 15
Defamation Proceedings ...................................................................................... 15
Process for Approval of Legal Costs .................................................................... 15
Facilities .................................................................................................................... 16
Councillors............................................................................................................ 16
Lord Mayor ........................................................................................................... 19
Deputy Lord Mayor ............................................................................................... 20
Other Equipment and Facilities ............................................................................ 21
Loss of or Damage to Council's Equipment ......................................................... 21
Retention of Equipment issued to Councillors ..................................................... 21
Accountability .......................................................................................................... 21
General Expenses .................................................................................................... 22
Private Benefit .......................................................................................................... 22
Recognition of Service ............................................................................................ 22
Dispute Resolution .................................................................................................. 23
Administration .......................................................................................................... 23
Annexure 1 - Conference Categories ...................................................................... 23
Annexure 2 - Cabcharge Usage Policy / Cabcharge Procedures ............................. 23
Annexure 3 - Councillors Reconciliation Claims for Expenses ................................. 29
Annexure 4 - Councillors Claims for Sustenance and/or out of pocket expenses .... 30
2
1. INTRODUCTION
In accordance with the Local Government Act 1993, Council is required to adopt a
policy concerning the payment of expenses incurred by and the provision of facilities
to the Lord Mayor, Deputy Lord Mayor and other Councillors in relation to their roles
as elected persons and members of the governing body. The provision of such
facilities and expenses assist Councillors in carrying out their civic duties.
Furthermore, it provides reasonable recompense for expenses incurred while they
remain a Councillor of Parramatta City Council.
The Code of Conduct provides that you must use Council property, facilities and
equipment ethically, efficiently, economically and carefully and not use them for
private purposes. Further you must not allow others to abuse these resources.
A simple test when these issues arise is to ask yourself the question, ‘what would an
impartial observer think of the action or occurrence’. It is important that at all times
you act in a manner that enhances community confidence in our Council. The
citizens of the Parramatta local government area expect you to set a good example
and display the highest ethical standards.
2. LEGISLATIVE PROVISIONS
The Local Government Act 1993 provides:
252
Payment of expenses and provision of facilities
1.
Within 5 months after the end of each year, a Council must adopt a
policy concerning the payment of expenses incurred or to be incurred
by, and the provision of facilities to, the Mayor, the Deputy Mayor (if
there is one) and the other Councillors in relation to discharging the
functions of civic office.
2.
The policy may provide for fees payable under this Division to be
reduced by an amount representing the private benefit to the Mayor or
a Councillor of a facility provided by the Council to the Mayor or
Councillor.
3.
A Council must not pay any expenses incurred or to be incurred by, or
provide any facilities to, the Mayor, the Deputy Mayor (if there is one) or
a Councillor otherwise than in accordance with a policy under this
section.
4.
A Council may from time to time amend a policy under this section.
5.
A policy under this section must comply with the provisions of this Act,
the regulations and any relevant guidelines issued under section 23A.
3
253
Requirements before policy concerning expenses and facilities can be
adopted or amended
1.
A Council must give public notice of its intention to adopt or amend a
policy for the payment of expenses or provision of facilities allowing at
least 28 days for the making of public submissions.
2.
Before adopting or amending the policy, the Council must consider any
submissions made within the time allowed for submissions and make
any appropriate changes to the draft policy or amendment.
3.
Despite subsections (1) and (2), a Council need not give public notice
of a proposed amendment to its policy for the payment of expenses or
provision of facilities if the Council is of the opinion that the proposed
amendment is not substantial.
4.
Within 28 days after adopting a policy or making an amendment to a
policy for which public notice is required to be given under this section,
a Council is to forward to the Chief Executive Officer:
5.
(a)
a copy of the policy or amendment together with details of all
submissions received in accordance with subsection (1), and
(b)
a statement setting out, for each submission, the Council’s
response to the submission and the reasons for the Council’s
response, and
(c)
a copy of the notice given under subsection (1).
A Council must comply with this section when proposing to adopt a
policy each year in accordance with section 252 (1) even if the Council
proposes to adopt a policy that is the same as its existing policy.
Division of Local Government Guidelines
In accordance with the Division’s Guidelines dated October 2009, a copy of this
policy is to be provided to the Chief Executive Officer of the Division of Local
Government by 30 November each year.
Restrictions on Private Use
The Code of Conduct states that Council's equipment and resources must not be
used for private business and in particular for political purposes namely Council
Elections and the like, other than as provided in this policy.
4
3. OBJECTIVES
In applying the provisions of the legislation, Parramatta City Council has adopted
certain objectives. They are:
1.
To ensure that the Lord Mayor, as the first citizen of the City of Parramatta, as
the leader of the governing body of the Council and as the principal
spokesperson on Council policy and attitude is reimbursed for expenses
reasonably incurred in performing the role of Lord Mayor and is provided with
a standard and range of facilities appropriate to the importance of the office.
2.
To ensure that the Councillors of the City of Parramatta in their dual roles as
members of the governing body of the Council and as elected persons are
reimbursed for expenses reasonably incurred in the performance of the role
and are provided with a standard and range of facilities to assist in discharging
the functions of civic office.
In adopting these objectives, Council recognises that it values family friendly
principles. Council will assist its Councillors in the performance of their duties in
accordance with these principles.
4. WHO DOES THE POLICY APPLY TO?
This policy applies to all current Councillors of Parramatta City Council. The facilities
provided to the position of the Lord Mayor and Deputy Lord Mayor only apply while a
Councillor holds either of these positions.
This means that upon ceasing to hold civic office in either capacity, then the standard
facilities provided to Councillors would apply. Furthermore, once a Councillor fails to
be re-elected, the person ceases to have access to any Council resources and
facilities and must return to Council immediately all resources and equipment (except
as provided in the Clause - Retention of Equipment issued to Councillors).
Benefits such as a security access card will be invalidated to prevent unauthorised
use.
5. APPROVAL PROCESS
Approval for incurring a civic office expense, or for the reimbursement of such an
expense, should be obtained before the expense is incurred. Approval for the costs
of local travel relating to the conduct of Council business, emergency carer costs
associated with the need to attend to Council business, council related telephone
5
and Council related web access and e-mail expenditure may be sought after the
expense is incurred through normal reconciliation processes.
Where an applicable expense or facility is not subject to a specific approval process
(as detailed within this policy) the following approval process will apply:
1.
Claim / request for expenses / facilities to be provided, in writing, to the
Manager Executive Support (using the appropriate form at annexure 3 and 4)
2.
Claim / Request to be assessed by the Manager Executive Support for
compliance with this policy
3.
Recommendation of Manager Executive Support provided to the CEO
4.
Final approval granted by the CEO in concurrence with Lord Mayor.
Major Expenses
Where the cost of the expense or facility sought is greater than $1000, and that
expense or facility is not subject to an expense – specific approval process (as
detailed elsewhere in this policy), the above approval process shall apply, with the
addition of the requirement that payment of the expense / provision of the facility be
approved at a formal meeting of the Council.
6. RECONCILIATION AND REIMBURSEMENT
Billed Expenses / Facilities
Councillors incurring expenses which are later billed or invoiced to Council (such as
mobile telephone or cabcharge expenditure) will be required to review the relevant
bill/invoice and confirm, in writing, that the expenses were both permitted under this
policy, and accrued in the conduct of their Council duties.
Reimbursement of Expenses
Reimbursement for expenses incurred by a Councillor while carrying out their Civic
Duty will only occur in accordance with the provisions of this policy. Applications for
reimbursement of expenses must be made in writing, must be made within three
months of the expense being incurred, and must provide all relevant receipts.
Applications for the reimbursement of expenses are to be made using the form
provided at Annexure 3 and provided to the Manager, Executive Support for
assessment.
6
7. CONFERENCE, SEMINAR AND TRAINING
7.1
7.2
Council is committed to ensuring that its elected representatives are up to
date with current and contemporary issues facing local government. In this
regard, Council will set aside an amount annually in its Management Plan to
facilitate professional development of elected representatives through
attendance at conferences, seminars and training.
1.
Councillors are eligible to attend those conferences detailed in
annexure 1 to this policy
2.
Councillors will be informed of future conferences, seminars and
training available on a regular basis via the Councillor Information
Booklet.
3.
A Council report recommending attendance of Councillors at each
conference will be submitted to a full Council meeting for approval.
Each report will include information on the benefits of attending the
conference, a record of Councillors who have already attended other
conferences during the financial year and a balance of the funds
available.
4.
Details of the attendance by Councillors and Council Officers at
conferences, seminars and training and the costs incurred will also be
published in the Councillor Information Folder on a monthly basis.
5.
After returning from Conferences, a Councillor or member of staff
accompanying the Councillor/s is to provide a written report to Council
via the Councillor Information Booklet on the aspects of the conference
relevant to Council business and /or the local community.
Conference, Seminar and Training Expenses
Under the Division of Local Government Guidelines, Council may pay
conference registration fees charged by the conference organisers including
the costs of related official lunches and dinners, and associated tours where
they are relevant to the business and interests of Council. Council should
meet the reasonable cost of transportation and accommodation associated
with attendance at the conference, and meals when they are not included in
the conference fees.
For attendance at authorised conferences, seminars and the like, Council will
organise and pay:1.
Registration and associated conference costs including official lunches,
dinners and tours as well as travel and accommodation costs.
2.
The standard of travel to be paid by the Council is to be economy class
air, hire car, rail, taxi or where a private vehicle is used, then at the
7
award rate per kilometre (as set in Local Government State Award
2004 – rate will be varied as the award varies).
3.
Council will pay reasonable sustenance and out-of-pocket expenses in
accordance with Section 7.3 of this policy.
4.
Council will reimburse expenses incurred while at authorised
conferences, seminars, training and official functions to a limit of the
allowance applicable in the NSW Government Public Service
Allowance standard travel and allowances scale. This will cover
Councillors’ out of pocket expenses that are not able to be prepaid by
Council and in the conference fee eg. some meals, phone calls etc. A
claim for such expenses must be made. Councillors may request
payment in advance in anticipation of such costs but must substantiate
the expenses with a claim for payment with receipts and must
reimburse any funds not expended on expenses.
5.
Council will not pay for the travelling, accommodation or sustenance
expenses of spouses subject to any variation where special
circumstances exist and as approved by the Lord Mayor or Chief
Executive Officer in accordance with the provisions of the Local
Government Act 1993. In the case of spouses attending the Local
Government Association annual conference, only the costs of
registration and official conference dinners will be met by Council.
6.
A member who is elected as an office bearer of a relevant Industry
Association or not-for-profit boards such as the Institute for
Public/Private Partnerships with Council's endorsement is entitled to be
reimbursed in accordance with this Policy for travel, accommodation
and sustenance expenses within Australia not met by the Industry
Association concerned.
Note: In the event that a Councilor arranges own travel, then Council will
reimburse the actual cost of the travel paid for by the Councillor in accordance
with this policy.
7.3
Sustenance and Out-of-Pocket Expenses
The reimbursement of sustenance and out-of-pocket expenses applies for
sustenance (eg. breakfast, lunch, dinner, morning and afternoon teas, etc)
and/or out-of-pocket costs (e.g. refreshments, taxi fares, laundry, dry cleaning,
phone and facsimile calls, internet charges, photocopies, postage,
newspapers, road tolls and car parking fees) not provided for at the
conference/seminar/training, or in the accommodation package, or otherwise
when away from home.
1.
The maximum limits on sustenance and out-of-pocket expenses to be
reimbursed are as follows with the limits to be adjusted to the CPI for
Sydney at 1 July each year:
8
(a)
Attendance at full day conferences, seminars or training $200.00
per day
(b)
Attendance at conferences, seminars or training which are ½ day
or less $100.00 per day
2.
Councillors may request payment in advance. Expenses should be
reconciled using the form at Annexure 3 within one (1) calendar month
of the date of return from a conference, seminar or training. Refunds
will need to be made where the actual expenses are less than the
amount provided in advance.
3.
In the event that a Councillor seeks reimbursement after the
conference, seminar or training session, they will be paid on completion
of the claim form (Annexure 4), for the actual expenses incurred up to
the limits set in the policy.
4.
For attendance at conferences, seminars and training sessions outside
the metropolitan area, Councillors may also be paid for up to two (2)
days at the rate of the Full Day Expense to account for travel time to
and from the venue, i.e. one day to the venue and one day returning
from the venue, provided they are travelling on those days.
5.
The definition of a “day” for the purpose of calculating sustenance and
out-of-pocket limits, is registration day and each day on which official
sessions of the conference/seminar/training are held.
8. OVERSEAS AND INTERSTATE TRAVEL
1.
The standard of travel for all interstate or overseas travel will be
Economy Class
2.
Plans for any such travel should be transparent to the community and
have an identifiable benefit to the local area through council activity.
3.
Interstate and overseas travel will be reported through Council’s Annual
report.
Interstate Travel
1.
In the event that the interstate travel is urgent and arises between
meetings or while Council is in recess, the Lord Mayor shall determine
the matter and report to Council as soon as is practicable.
2.
Any proposal for interstate travel related to the functions of Council
shall be presented to Council for determination prior to the travel being
undertaken. Where possible, travel proposals should be included in the
Council business paper and approved by a meeting of the full Council
prior to the trip.
9
Overseas Travel
1.
In the event that the overseas travel is urgent and arises between
meetings or while Council is in recess, the Lord Mayor shall call an
extraordinary meeting of the Council to allow consideration of the
proposed travel by a full meeting of the Council.
2.
Any proposal for overseas travel related to the functions of Council
shall be presented to Council for determination prior to the travel being
undertaken. Travel proposals should be included in the Council
business paper by way of staff report or notice of motion and must be
approved by a meeting of the full Council prior to the trip.
3.
After returning from overseas travel, Councillors or an accompanying
member of Council staff are to provide a written report to Council on
those aspects of the travel that are relevant to Council business and /
or the local community. Councillors should report back on the findings
of their travel to the next available Council meeting.
9. TRAVEL EXPENSES
1.
The cost of official Council travel will only be paid once by Council.
Possible options for payment of local travel include(a)
Payment by cabcharge
(b)
Payment of bus/ train / ferry fares through petty cash
(c)
Payment of mileage allowance for the use of private vehicle
(d)
Use of Council car using Caltex Card
2.
Other than that as provided in Part 7(c), Councillor reimbursement / use
of the above shall be limited to $3,250 per annum, and a Lord Mayoral
allowance of $6,500 per annum for cabcharge expenditure.
3.
Should special circumstances require that a Councillor exceed the limit
set in above in (b) in order to participate in civic duties and business of
Council, an alternative limit may be established
(a)
Where the alternative limit is able to be funded through the
Councillor accepting a reduction in the permitted expenditure of
another facility, this alternative limit is approved by the Lord
Mayor, in conjunction with the Chief Executive Officer
(b)
Where the Councillor is unable to off-set the alternative amount
through savings elsewhere, this alternate limit is to be set by
Council resolution
10
(c)
9.1
Where the special circumstances arise as a result of personal
hardship, health, or legal reasons, consideration of the matter by
Council is to be subject to the provisions of s10(2)(b),(f) and (g)
4.
All travel should be undertaken via the most appropriate, practical and
economical route possible, and via the most practicable and
economical mode of transport.
5.
Costs associated with travel for official Council business will be
reimbursed on the provision of the appropriate receipts, except where
the travel expense would have arisen regardless of the Council
business. Below are some examples:
(a)
there would be reimbursement for parking costs or tolls
associated with attendance at business which involves a
deviation from the Councillor’s normal travel arrangements
(b)
there would be no reimbursement for travel expenses (tolls or
fares) associated with the Councillor’s normal travel
arrangements.
Use of Cabcharge
Cabcharge will be made available to all Councillors who request same, for use
when travelling on business which in the opinion of the Councillor concerned,
is bona fide Council business under the following conditions:1.
2.
Cabcharge Cards may be used by Councillors when travelling:(a)
to and from meetings of the Council or its Committees.
(b)
to and from Sydney Airport when attending conferences as
approved by Council
(c)
On inspections within the Council's area, in association with the
business of the Council or in exercising civic duties, or in
accordance with resolutions of the Council
(d)
In association with attendance at meetings, conferences or
seminars in accordance with resolutions of the Council
(e)
For community consultation in relation to Council activities.
Council will only be responsible for those travel costs incurred which
are associated with the business of the Council. Cardholders will be
required to meet costs related to private travel, such costs are to be
paid by Councillors direct to Council or the amount deducted from their
allowance, whichever agreement is reached between the Councillor
and the Chief Executive Officer.
11
Note: Cabcharge accounts will be checked, upon receipt, to ensure that the
Cabcharge was used on authorised activities only. See Council’s Cabcharge
Usage Policy and Procedures( Annexure 2)
9.2
Use of Private Vehicle
Councillors may use their private vehicle for Council business within New
South Wales. A Councillor who uses his/her private vehicle in the discharge of
his/her civic office shall be entitled to be reimbursed for such use at the rate
by the Local Government State Award 2004 – rate will be varied as the award
varies). Evidence of a current comprehensive insurance policy will be required
to enable claim payment.
Note: Reimbursement for the use of a private vehicle on official Council
business covers all costs associated with that use. Such costs include tyres,
engine repairs, petrol, oil, insurance and associated incidental costs.
9.3
Traffic and Parking Fines / Infringements
Councillors are personally responsible for any traffic or parking fines incurred
while traveling in private or council vehicles on Council business.
10. CARER’S AND SPECIAL REQUIREMENT EXPENSES
Council encourages as wide participation and interest in civic office as possible.
Accordingly, it will ensure that all areas of the Council premises and associated
facilities relevant to a Councillor in the conduct of their civic duties and business of
council are accessible, including provision for sight or hearing impaired Councillors
and those with other disabilities.
Transportation provisions as outlined in this policy, such as access to cab charges,
will also assist Councillors who may be unable or unwilling to drive a vehicle.
In terms of carers, Councillors who are the principal carer of a child or other elderly,
disabled and/or sick immediate family member will be entitled to re-imbursement of
carers expenses up to a maximum of $4,000 per annum for attendance at Council
and Committee Meetings and other official civic functions noted below, plus
reasonable travel from the principal place of residence.
Child care expenses may be claimed for children up until and including the age of 16
years. Re-imbursement to be made after submission of receipts and tax invoices and
completion of a formal claim, with same to be lodged within one (1) calendar month of
being incurred. Official civic functions include:
12
1.
Attendance at Ordinary, Development and Extraordinary meetings of
Council
2.
Attendance at Council Committee meetings of which the Councillor is a
member
3.
Attendance at Ordinary, Committee and Sub-Committee Meetings of an
organisation where the Councillor has, by Council resolution, been duly
elected as a Council delegate
4.
Attendance at inspections, within or outside the area as authorised by
Council resolution or by the Lord Mayor under delegated authority.
5.
Attendance at official Council functions authorised as Council business
by a resolution of Council
6.
Attendance at conferences, seminars and training approved by Council
resolution or by the Lord Mayor under delegated authority
7.
Attendance at functions to which the Lord Mayor has been invited,
which are attended at the request of the Lord Mayor.
Councillors will need to provide suitable evidence to the Chief Executive Officer that
reimbursement is applicable, such as advice from a medical practitioner in the event
of caring for an adult person.
Process for Approval of Carer’s and Special Requirement Expenses
An application for reimbursement of carers or special requirement expenses is to be
made in writing to the Manager, Executive Support, within one calendar month of the
expenses being incurred. This application is to be accompanied by receipts for all
expenses claimed.
This application will be assessed by the Manager, Executive Support, and a
recommendation made to the CEO about whether the claim is consistent with this
policy. The CEO, in conjunction with the Lord Mayor, will be responsible for the final
approval of claims made under this section.
Expenses and Facilities for Councillors with Disabilities
In addition to the above provisions, for any Councillor with a disability, Council may
resolve to provide reasonable additional facilities and expenses, in order to allow that
Councillor to perform their civic duties.
13
11. INSURANCE
Councillors are to receive the benefit of insurance cover while in or on any activity
directly or indirectly connected with or on behalf of Council including whilst travelling
to and/or from such activity. Such injury being bodily injury caused by violent,
accidental, external and visible means and including death, permanent disablement,
temporary total disablement, bed care benefit and non medical expenses but not
including medical expenses, subject to the conditions and limitations of Council's
personal accident insurance policy current at the time of occurrence of the injury as
follows:
11.1
Personal Injury
While ever on Council authorised business, worldwide, covering bodily injury
caused by accidental, violent, external and visible means up to a sublimit for
death and capital limits of $350,000 BUT subject to any limitation or conditions
set out in the policy of insurance which is taken out at the direction of Council.
Also covering permanent disablement, temporary total disability and
temporary partial disability. The cover does not include medical expenses.
11.2
Professional Indemnity
For matters arising out of Councillors' performance of civic duties or exercise
of their functions as Councillors provided the performance or exercise of the
relevant civic duty or function is in the opinion of Council bona fide and/or
proper and is carried out in good faith, as required under Section 731 of the
Local Government Act, BUT subject to any limitation or conditions set out in
the policy of insurance which is taken out at the direction of Council.
11.3
Public Liability
For matters arising out of Councillors' performance of civic duties or exercise
of their functions as Councillors, carried out in good faith BUT subject to any
limitations or conditions set out in the policy of insurance which is, at the
direction of Council, taken out.
11.4
Travel Insurance
Appropriate travel insurances will be provided for any Councillors traveling on
approved overseas and interstate travel on Council business.
14
12. LEGAL ASSISTANCE FOR COUNCILLORS
In the event of:
12.1
12.2
A formal inquiry, investigation or hearing by any of:
1.
The Independent Commission Against Corruption
2.
The Office of the New South Wales Ombudsman
3.
The Division of Local Government Department of Premier and Cabinet
4.
The New South Wales Police Force
5.
The Director of Public Prosecutions
6.
The Local Government Pecuniary Interest and Disciplinary Tribunal
7.
Council’s Conduct Review Committee / Reviewer; or
Legal Proceedings being taken against a Councillor, arising from the
performance, in good faith, of a function under the Local Government Act or
defending an action in defamation, providing that the outcome of the legal
proceedings is not substantially unfavourable to the Councillor:
Council shall reimburse such Councillor, after the conclusion of the inquiry,
investigation, hearing or proceeding, for all legal expenses properly and
reasonably incurred, given the nature of the inquiry, investigation, hearing or
proceeding, on a solicitor/client basis,
PROVIDED THAT
1.
The amount of such reimbursement shall be reduced by the amount of
any monies that may be or are recouped by the Councillor on any basis
2.
The Councillors' performance or exercise of the civic duty or function
was in the opinion of Council bona fide and/or proper
3.
The amount of such reimbursement in respect of solicitors fees be
limited to the extent that only fees charged at a rate equivalent to the
average hourly rate then being charged by Council's legal panel will be
paid, i.e. any portion of the expenses representing any hourly charge
rate higher than the then average hourly charge rate then being
charged by Council's legal panel will not be reimbursed. Where
Counsel is used reimbursement is to be submitted to Council for
approval
4.
The finding of any inquiry, investigation, hearing or proceeding is
substantially favourable to the Councillor
15
12.3
5.
In the case of legal costs arising from a conduct complaint made
against a Councillor, the matter has been referred by the Chief
Executive Officer to a conduct reviewer or conduct review panel
6.
|n the case of legal costs arising from a pecuniary interest or
misbehavior matter, a formal investigation has been commenced by the
Division of Local Government.
Defamation Proceedings
In the event that defamation proceedings are taken or threatened to be taken
against a Councillor arising out of comments or actions of that Councillor in a
Council meeting or on Council related business e.g. on-site meetings and the
like and providing that Council is satisfied that such comments were made
during the consideration of Council business, in good faith and without malice,
Council shall consider and if it feels appropriate, resolve to indemnify or
reimburse such Councillor, all legal expenses properly and reasonably
incurred, given the nature of the inquiry, investigation, hearing or proceedings
on a solicitor/client basis
PROVIDED THAT
1.
The amount of such reimbursement shall be reduced by the amount of
any monies that may be or are recouped by the Councillor on any
basis.
2.
The amount of such reimbursement in respect of solicitors' fees be
limited to the extent that only fees charged at a rate equivalent to the
hourly rate than being charged by Council's solicitor will be paid i.e.,
any portion of the expenses representing any hourly charge rate higher
than the then hourly charge rate of Council's solicitor will not be
reimbursed.
3.
Any reimbursement shall not include any damages awarded against the
Councillor.
4.
Any reimbursement shall not include any action by one Councillor
against another Councillor.
Council can not, however, meet the legal costs of a Councillor seeking advice
in respect of possible defamation, or in seeking a non litigious remedy for
possible defamation.
12.4
Process for the approval of legal costs
Any proposal that Council cover legal costs made in accordance with this
section must be approved, by Council, and where possible, this approval
should occur prior to the legal costs being incurred.
16
13. FACILITIES
13.1
Councillors
Councillors are provided with the following resources and facilities only to be
used in the exercising of their Civic Duties:1.
Stationery
Use of personalised letter head and business cards.
(a)
2.
Supply of up to 500 Council Christmas Cards per year. The
stamps used to post Christmas cards come 1from the
Councillors annual allocation.
Secretarial Assistance
Word processing and administrative support provided by the Council
Support Officers. This support includes typing and photocopying of
information to residents relating to such matters as precinct meetings,
Council decisions relating directly to their area and follow up work
which can be expected from Council. At no time is such assistance to
be connected in any way with campaign type brochures.
3.
Computers
Supply of a suitable notebook computer, scanner and printer for use in
connection with civic duties, including Electronic Business Papers. In
addition, a Councillor may use the computer and printer for private
purposes, subject to the following conditions:
(a)
Council's Information Technology division arranging installation
of any software as well as any configuration of notebooks
considered necessary for protection of Council applications
(b)
Any licensing requirements relating to the software are met
(c)
Use of the equipment is in accordance with Council’s Code of
Conduct.
Note: This supply includes the provision of suitable data and power
connections.
The standard of equipment supplied will be that which is presently
under contract to Council.
4.
Meetings Meals and Refreshments
Provisions of meals and refreshments associated with Council
meetings, workshops and Council related business
17
5.
Councillors' Offices
Will be made available at the Council Chamber Building and Granville
Town Hall for use by Councillors. They will be equipped with a
telephone, photocopier, stationery and appropriate refreshments.
6.
Attache Case/Pilot Case and Executive Portfolio (with Calculator)
Will be issued, on request.
7.
Electronic Equipment
Electronic equipment of an appropriate capacity, in accordance with
Council’s current supply contract, will be issued, on loan, for use in the
conduct of Council business. This equipment will include items such as
Palm pilots, Blackberry devices and the like.
8.
Presentation Items
Suitable reasonable presentation items will be made available for issue
to visiting delegates or in recognition of community services or as a
promotion of the city.
9.
10.
Facsimile Machines - Facsimile Equipment
(a)
Council will provide at the residence of a Councillor, an
appropriate facsimile machine to facilitate the transmission of
information relating to a Councillor's duties of office. Council will
arrange for the installation of the necessary telephone line and
associated equipment and provide the necessary maintenance
and consumable products required for the operation of the
equipment. This equipment will remain at all times at the
residence of the Councillor during his/her term of office. Council
will only be responsible for those transmissions associated with
Council business.
(b)
Where Councillors have a facsimile machine already installed in
their home, Council will be responsible for the payment of rental
of the line and any transmissions associated with Council
business.
Financial Year / Calendar - Year Diaries
Will be issued on request.
11.
Hand Held Dictaphones
Will be issued, on loan, on request, for use in connection with Council
business.
18
12.
Postage Stamps
Supply of up to 1500 ordinary postage stamps per annum.
Stamps shall only be used in respect of the discharge of Councillor’s
civic duties i.e. Council business. The use of stamps is not to be for
private or political purposes namely Council Elections and the like.
Councillors mail will only be posted using the stamps provided.
Stamps provided to Councillors must be used by 30 June each year.
Any stamps not used are not carried over to the next year’s allocation.
13.
Filing Cabinet
A filing cabinet of an appropriate capacity will be issued, on loan to
each Councillor who requests it, for storage of documents and
equipment associated with the functions of civic office.
14.
Mobile Telephone and Appropriate Hands Free Car Kit
A mobile telephone and appropriate hands free car kit is to be issued
on loan to each Councillor who requests one. The terms of use of the
mobile telephone are based on up to the first $200.00 of monthly
operational costs being met by Council, with any additional cost above
this amount to be the Councillor's responsibility.
For Councillors who elect to have their mobile phone system linked to
Council’s Paging System, Council will pay the cost of the diversion call
to the paging system in the event of the mobile phone being engaged,
out of range or switched off.
15.
Councillor Parking
A car parking space will be provided for each Councillor at the Council
Chamber Building to assist with the carrying out of their civic duties.
16.
Formal Attire
Where Councillors are required to officially represent Council at a
function requiring special attire (e.g. formal wear), Council will
reimburse the reasonable cost of hire of such attire on request.
17.
Charitable and Community Functions
Where Councillors accept an invitation to attend charitable and
community functions in the role of Councillor, Council will meet:
• The reasonable costs associated with the Councillor’s attendance at
the charitable or community function; and
• If a Councillor elects to have their partner attend the charitable or
community function with them and the relevant function is held in
19
New South Wales, the reasonable costs associated with the
attendance of the Councillor’s partner’s attendance.
18.
Clothing
Each Councillor will be provided with the following corporate clothing on
request for personal use:
(a)
(b)
Blazer with embroidered the Council Coat of Arms / Council Logo
- one blazer during a term of office.
Neck tie/scarf - a sufficient number of neck ties / scarves
embroidered with the Council Coat of Arms / Council Logo.
(c)
A suitable quality sunhat.
(d)
Councillors will be provided annually, two (2) business shirts or
blouses embroidered with the Council Logo.
Additionally, each Councillor will be provided the following corporate
clothing on request for promotional events and occasions, subject to
availability: shirts, ties, scarves, pens, cufflinks, brooches, and tie pins.
13.2
Lord Mayor
In addition to those facilities provided to Councillors, the Lord Mayor is to
receive the benefit of:1.
Lord Mayoral Suite
For office purposes and the discharge of civic responsibilities generally.
2.
Secretarial Services
Word processing and administrative support provided by the Lord
Mayor's Personal Assistant.
3.
Administrative, Policy and Civic Events Support
Assistance with the organisation of functions, meetings and the like
including research, policy and media support.
4.
Office Refreshments
As provided in the Lord Mayoral Suite for entertainment purposes
5.
Stationery
Lord Mayoral letterhead, envelopes, business cards and stationery
generally.
No restriction on the number of Christmas Cards issued annually.
20
6.
Presentation Items
No limitation on the supply of presentation items for use by the Lord
Mayor for presentation to visiting dignitaries and or other appropriate
occasions.
7.
Council Vehicle
May be provided for use by the Lord Mayor, if desired. Use of a driver
as required for official purposes. The vehicle is to be used at the
discretion of the Lord Mayor for Lord Mayoral, Councillor or Council
purposes.
The Council recognises that the Lord Mayoral vehicle may be used
incidentally for private purposes and accepts that use without charge.
Given Council's standing within the Greater Metropolitan Area, such
private use is accepted within the area bounded by Newcastle,
Wollongong and Bathurst.
The Lord Mayoral vehicle shall be at a maximum standard of an 8
cylinder Holden Caprice or Ford LTD or similar, choice of which shall
be in accordance with Council’s Fleet Policy.
8.
Mobile Telephone and Appropriate Hands Free Car Kit
A mobile telephone and appropriate hands free car kit is to be issued,
on loan, to the Lord Mayor. The terms of use of the mobile telephone
are based on all monthly operational costs being borne by Council.
9.
Corporate Credit Card
A corporate credit card is to be issued to the Lord Mayor for the period
of the Lord Mayoral term, subject to those terms and conditions
outlined in the Corporate Credit Cards Policy and Procedures Manual.
10.
Formal Attire
Where the Lord Mayor is required to officially represent Council at
functions requiring formal attire, Council will reimburse the cost of
purchase of such attire for that purpose up to a value of $500 per
twelve month term.
13.3
Deputy Lord Mayor
In addition to those facilities provided to Councillors, the Deputy Lord Mayor is
to receive the benefits of the Lord Mayor when acting in the Office of the Lord
Mayor, excluding the use of the Lord Mayoral vehicle and credit card. The
21
Lord Mayoral vehicle and credit card will be provided to the Deputy Lord
Mayor when acting in the Office of the Lord Mayor for a continuous period in
excess of three months.
13.4
Other Equipment and Facilities
Councillors requiring the use of other equipment not specifically covered in
this policy shall seek the approval of the Lord Mayor or Chief Executive Officer
before using such equipment.
13.5
Loss of or Damage to Council's Equipment
In the event that any of council's equipment such as computer, fax machine,
mobile telephone are damaged, lost or stolen, the Councillor concerned must
advise the Councillor Support Officer, immediately, to report the incident. The
Councillor Support Officer will make the necessary arrangements with the
relevant staff to rectify the situation.
14. RETENTION OF EQUIPMENT ISSUED TO COUNCILLORS
Immediate former Councillors may purchase for their own use, equipment, such as
computer, printer, electronic organiser, facsimile machine, dictaphone and the like,
previously issued to them in their role as a Councillor, in accordance with the
following conditions:1.
The equipment purchased is no longer required within the organisation
and/or is surplus to Council's requirements.
2.
The value of the equipment to the organisation and consequently the
appropriate purchase cost, shall be determined by the Chief Executive
Officer or Group Manager Corporate Services in line with relevant
commercial prices for similar equipment.
15. ACCOUNTABILITY
Section 428(2)(f) of the Local Government Act provides that Council's Annual Report
must contain a statement of:"the total amount of money expended during the year on Mayoral fees and
Councillor fees, the Council's policy on the provision of facilities for use by
Councillors and the payment of Councillors' expenses, together with a
statement of the total amount of money expended during that year on the
provision of such facilities and the payment of such expenses."
22
16. GENERAL EXPENSES
All expenses provided under this policy will be for a purpose specific to the functions
of holding civic office. Allowances for “general expenses” are not permitted under
this policy.
17. PRIVATE BENEFIT
Nothing in this policy entitles a person to obtain or be reimbursed for equipment or
costs not associated with the functions of holding civic office, without appropriate
payment.
It is acknowledged that incidental personal use of council equipment may occur from
time to time. Where use of council equipment becomes greater than incidental, the
person responsible for the use will be required to reimburse Council for the cost of
the use. Any reimbursement shall amount to one hundred percent of the costs borne
by Council for the private use.
Unless alternative arrangements are made by a Councillor, any outstanding amounts
to be reimbursed to Council will be deducted from councillor fee payments 30 days
after the request for reimbursement is made.
18. RECOGNITION OF SERVICE
The service of an office-holder shall be recognised in the following manner:
1.
Upon ceasing to hold civic office – the presentation of a certificate and
gift at the discretion of the Lord Mayor and Chief Executive Officer
2.
Upon 12 years (3 terms) service – the presentation of a certificate and
gift at the discretion of the Lord Mayor and Chief Executive Officer
3.
Upon 20 years (5 terms) service – presentation of a certificate and gift
at the discretion of the Lord Mayor and Chief Executive Officer
4.
Upon ceasing to hold office after a period of more than 20 years service
– civic dinner
5.
Where recognition applies to the Lord Mayor, the form of recognition
will be at the discretion of the Deputy Lord Mayor and Chief Executive
Officer
23
19. DISPUTE RESOLUTION
Councillors may request a resolution of any disputed determinations under this Policy
by mediation or arbitration from a member of Council’s Audit and Legal Unit or
Conduct Review Panel.
The mediator / arbitrator selected will be at the discretion of the Lord Mayor and
Chief Executive Officer
The mediator’s / arbitrator’s decision will be final
20. ADMINISTRATION
Authorisation
This Policy was originally adopted by Council 26th September 2005 (Minute 8099)
Amendments
This Policy was amended by Council Resolution 22nd May 2005 (Minute 8455)
This Policy was adopted without change by Council Resolution 24th September 2007
(Minute 9465)
This Policy was amended by Council Resolution 24th November 2008 (Minute 10353)
This Policy was amended by Council Resolution 22nd June 2009 (Minute 10790)
This Policy was amended by Council Resolution 25th June 2012 (Minute 13214)
This Policy was amended by Council Resolution 25 February 2013 (Minute 13662)
Review
This Policy is to be reviewed annually within 5 Months after the end each financial
year (Section 252(1) Local Government Act, 1993).
Owner
Executive Support
24
Annexure 1
CONFERENCE CATEGORIES
Category A Major National or State Conference.
(i)
(ii)
Local Government Association - NSW
Australian Local Government Women's Association State Conference
Category A - Conditions
(i)
(ii)
Attendance at the Local Government Association (NSW Conference) should
be limited to the maximum number of voting delegates and a number of nonvoting delegates as resolved by Council and three (3) to five (5) Councillors
for any other Category A conference i.e. the Lord Mayor (or nominee) plus any
other nominated Councillors.
All reasonable costs will be paid.
Category B Other National or State Conferences
i.
ii.
iii.
iv.
v.
vi.
Australian Local Government Women's Association National Conference
Australian Local Government Association - National Local Government
Assembly (Canberra)
Local Government Managers' Association National Congress (Canberra).
Local Government Managers' Association (NSW Division)
Local Government Aboriginal Network Conference (NSW)
International River Management Symposium Improved Collaborative
Indigenous Policy Development Conference
Category B - Conditions
(i)
(ii)
Attendance of not more than three (3) Councillors i.e. the Lord Mayor (or
nominee) plus two (2) other Councillors.
All reasonable costs will be paid.
Category C All other Conferences/Seminars not elsewhere included.
i.
ii.
iii.
iv.
Australian Sister Cities Association
Royal Australian Institute of Parks & Recreation Annual General Conference
The Australian ICOMOS Conference
Australian Local Government Women’s Association National Biennial
Conference
v. Annual Floodplain Management Conference
vi. State of Australian Cities National Conference
vii. Local Government Financial Awareness Conference
viii. International Local Government Conference
ix. Environment and Planning Law Association (NSW) Inc Conference
x. Parks and Leisure Australia Conference
xi. National General Assembly of Australian Local Government
xii. Local Government Symposium
xiii. Property Council of Australia Cities Summit
xiv. National Mainstreet Conference
25
xv. EcoEdge Conference
xvi. Risk Management Institute Australasia (RMIA) National Conference
xvii. Australian Sister Cities Association National Conference
xviii. Parks and Leisure Australia World Leisure Congress
xix. Local Government Managers Association (LGMA) National Congress and Expo
xx. International Cities Town Centres and Communities Conference
xxi. UDIA National Congress
xxii. ICLEI New South Wales Local Government Action Forum
Category C - Conditions
(i)
(ii)
(iii)
Conferences will be considered to fall into this category if they involve major
policy changes which have significant affect on Parramatta.
Attendance limited to one (1) Councillor or appointed delegates only.
All reasonable costs will be paid.
Provided always that Council may by resolution allow extra Councillors to attend a
Conference in any category where a case can be made in support of that additional
attendance.
In determining attendance every effort should be made to ensure that all Councillors
have an opportunity to attend at least one conference annually for their own
professional development.
26
Annexure 2
Cabcharge Usage Policy
1. Background
This policy has been developed to regulate and provide guidelines for the use and
administration of Cabcharge Cards and Taxi Dockets.
2. Objectives
To establish:
2.1 The Purpose of Cabcharge
2.2 Procedures for Cabcharge Management
3. Scope
This policy applies to the use of Cabcharge by Parramatta City Council Councillors.
4. Relationship to Legislation
This policy operates in accordance with the Local Government Act.
5. Related Strategies, Plans and Policies
This policy operates within the Civic Office Expenses and Facilities Policy, under the
scope of the Council’s Code of Conduct, and is related to the Petty Cash Guidelines.
6. Purpose Statement
The Cabcharge service is provided to facilitate business related travel.
Cabcharge Cards are available to all Councillors for the term of their elected office.
Accountability for card use will lay with Cardholders.
Taxi dockets are issued to Councillors on request for business related travel in line
with Civic Office Expenses & Facilities Policy ( 7.1 )
Accountability for docket use will lay with the individual in whose name the docket is
issued.
Cabcharge Cards and dockets must not be used without first having read and
acknowledged these terms.
7. Gratuity/ Tipping
Passengers wishing to ‘tip’ their drivers are to do so at their own expense.
Cabcharge Cards and taxi Dockets are not to be used to provide gratuity to drivers.
8. Breaches
A breach of this policy constitutes a breach of the Council’s Code of conduct.
9. Acknowledgement
I, __________________________ have read and agree to these conditions for
Cabcharge Use.
_____________________
Signed
_____________
Date
Cabcharge Procedures
27
1.1. Cabcharge Card Issue
At the time of Card issue, card and user details will be recorded in the Cabcharge
Taxi Management System (CTMS) database by the Councillor Support Officer.
These details will include:
• Name of Cardholder
• Card Number
• Card Expiry Date
• Reason for Card Issue i.e. Councillor, Snr Management etc.
• Date of Issue
• Date of Cancellation
Prior to the issue of Cabcharge Cards, cardholders will be required to read and
formally acknowledge the Cabcharge Usage Policy.
2.1
Cabcharge Cards-Terms for Use
Cabcharge Cards may be used only by the cardholder, as named on the
Cabcharge Card. Cabcharge Cards may be used when travelling:
• To and from meetings of the Council or its Committees.
• On inspections within the Council’s area, in association with the business
of the council in accordance with the resolutions of the Council.
• In association with attendance at meetings, conferences or seminars in
accordance with resolutions of the Council.
• For Council Business related activities.
As outlined in the Civic Offices Expenses and Facilities Policy, Use of Cabcharge.
Cardholders will be required to meet costs related to private travel, such costs to
be paid by Councillors direct to Council or the amount deducted from their
allowance, whichever agreement is reached between the Councillor and the Chief
Executive Officer.
Cabcharge Cards should not be used:
•
•
•
By anyone but the registered cardholder.
In any way other than in accordance with this policy.
Without the cardholder first reading and formally acknowledging the terms
and conditions contained herein.
Administration of the Cabcharge System
Information about Cabcharge Cardholders and their account details, and all taxi
docket records will be stored on the CTMS (Cabcharge Taxi Management
System) Database, provided by Cabcharge. Taxi Docket records will also be
stored here.
3.1
Procedures for Cabcharge Cards
At the end of each month, Cardholders will be provided with the following:
• Invoice of Card Usage for that Month
• Card Use Confirmation Form – This must be signed and returned, verifying
that all travel listed on the invoice is correct, and was consistent with that
allowed under S2.1 of this policy
• Business Purposes Form – This must be filled out clearly and returned
along with all receipts accrued for that month. Here the reason for each
instance of travel must be provided. Usage that is not identified as
business usage will be assumed to be private usage and subject to
reimbursement in accordance with this policy.
28
•
The Councillor Support Officer will ensure that relevant documents are issued to
cardholders. Cardholders are to return all required documentation within 14 days.
It is the responsibility of the Cardholder to retain all receipts of taxi travel issued,
and return them with the above documentation. Failure to return the above
documents may lead to cancellation of the cabcharge and/or deduction of
outstanding charges from the cardholders payments.
Payment of the Cabcharge Account
Monthly Cabcharge Bills will be paid on or before the due date.
It is the responsibility of the relevant Cabcharge administrators to advise
Accounts Payable to pay the monthly bill/s.
Storage of Records
All paperwork relevant to Cabcharge is to be kept in a secure cabinet and access
restricted. The same restriction is to apply to the CTMS database. Access is to be
restricted to the relevant administrators (i.e. the Councillor Support Officer,
Governance Unit) and the Internal Auditor.
Lost or Stolen Cards and Dockets
6.1 Cabcharge Cards
It is the responsibility of the Cardholder to immediately report the theft/loss to
Cabcharge on 02 9867 9903, and then to the Councillor Support Officer.
A written notification will then be sent to Cabcharge by the Councillor Support
Officer.
Termination of Employment/ Term
At the termination of employment, or the close of ones term in civic office,
Cabcharge Cards must be returned to the Councillor Support Officer. It is the
responsibility of the Councillor Support Officer to ensure that cards are cancelled
and issued to incoming staff/councillors.
Return of Cards/ Unused Dockets
8.1 Cabcharge Cards
Unwanted Cards are to be returned to the Councillor Support Officer. The
Councillor Support officer will cancel the card, and issue a Card Return Receipt to
the Cardholder.
Audits and Reviews
Internal Audit will undertake a yearly review of the processes and usage of
Cabcharge and related accounts.
29
ANNEXURE 3
COUNCILLORS RECONCILIATION CLAIMS FOR
EXPENSES IN ACCORDANCE WITH THE
CIVIC OFFICE EXPENSES AND FACILITIES POLICY
COUNCILLOR: __________________________________________________________
CONFERENCE/
SEMINAR/TRAINING:
__________________________________________________________
__________________________________________________________
__________________________________________________________
DATE: __________________________________________________________
VENUE: __________________________________________________________
COUNCIL
AUTHORISATION: MEETING DATE: ______________
FILE REFERENCE:
__________________________________________________________
(NB. Allowance payable in accordance with Council's Civic Office Expenses and Facilities Policy)
COMMENTS
MAXIMUM
AMOUNT
PAYABLE: _____________________________ $ ___________________
TOTAL EXPENSES
INCURRED: _____________________________ $ ___________________
(Receipts should be
attached where available)
REFUND DUE TO
COUNCIL: $ ___________________
I declare that the information I have supplied is correct and represents expenditure incurred
by me in attending the subject event, in accordance with Council's Civic Office Expenses and
Facilities Policy. I authorise Council to deduct (where appropriate) the total refund due to
Council from my next Councillor remuneration payment.
SIGNATURE: _______________________________________ DATE: ________________
Note: The claim should be completed and forwarded to the Service Manager, Council
Support within one (1) month of returning from the Conference, Seminar or Training.
30
ANNEXURE 4
COUNCILLORS CLAIMS FOR SUSTENANCE AND/OR
OUT OF POCKET EXPENSES IN ACCORDANCE WITH THE
CIVIC OFFICE EXPENSES AND FACILITIES POLICY
COUNCILLOR: __________________________________________________________
CONFERENCE/
SEMINAR/TRAINING:
__________________________________________________________
__________________________________________________________
DATE: __________________________________________________________
VENUE: __________________________________________________________
COUNCIL
AUTHORISATION: MEETING DATE: _______________
DETAILS OF OUT OF POCKET EXPENSES
EXPENSES AMOUNT
(Receipts and tax invoices to be attached)
______________________________________________________ $ ___________
______________________________________________________ $ ___________
______________________________________________________ $ ___________
______________________________________________________ $ ___________
______________________________________________________ $ ___________
______________________________________________________ $ ___________
___________
TOTAL AMOUNT CLAIMED $ ___________
I declare that the information I have supplied is correct and represents expenditure incurred
by me in attending the subject event, in accordance with Council's Civic Office and Expenses
Policy. Accordingly, I seek reimbursement for the total amount claimed above.
SIGNATURE: ____________________________________ DATE: __________________
Note: The claim should be completed and forwarded to the Service Manager, Council
Support within one (1) month of returning from the Conference, Seminar or Training.