Conduct During Elections Policy 2019

Governance

September 2019

– Page 1 of 11

Conduct During Elections

Policy 2019

1. Purpose

The Councillor Code of Conduct Major Policy (Code) is the overarching policy for this policy. The

purpose of this policy is to ensure the transparency and accountability of the Councillors,

Council officers, and candidates, during an election period. The policy complies with the

, which requires councils to have an election period policy that sets out

requirements relating to conduct, decision making, transparency and equity, and use of Council

resources, during an election period.

2. Scope

The role of Councillor must be kept separate from the role that a person may take as a

candidate (or prospective candidate) in any election. A Councillor must avoid any conflicts - or

appearance of conflicts - between the two roles, and endeavour to demonstrate they

understand the separation between the two roles.

Prior to the holding of a municipal election, Council enters an ‘election’ or ‘caretaker’ period, and

must avoid taking actions and/or making decisions which could be seen to be influencing voters,

or which will have a significant impact on an incoming Council. The election period extends for

32 days - from the last day nominations for the election can be received, until 6pm on election

day.

The

(

) specifically prohibits Council from publishing or

distributing electoral matter or making major policy decisions during the election period. These

restrictions are the minimum legislative requirements. This policy sets other restrictions for the

use of Council resources and decision making for electioneering purposes at any time, for any

local, board (or equivalent), state or federal election, including:



Decisions made by Council or a person acting under delegation during an election period



Council’s publications, promotion, media, consultations and events during an election period



The use of Council resources, including venues, during an election period



Access to Council information by Councillors and candidates during an election period.

3. Definition of terms being used

Caretaker period,

also known as the

election period

, means the 32 day statutory time

period prior to the date of the general municipal election.

Certification

means attest in writing, that no electoral matter is contained in, and approval of,

material for publication, by the Chief Executive Officer during the caretaker period.

Electioneering

means any action, statement and/or publication that contains material directly

related to, or likely to influence, a Councillor’s re-election, or a candidate’s election.

Conduct During Elections Policy 2019

Governance

September 2019

Page 2 of 11

Election period

, also known as the

caretaker period

, means the 32 day statutory time period

prior to the date of the general municipal election.

Electoral advertisement, handbill, pamphlet or notice

means an advertisement, handbill,

pamphlet or notice that contains electoral matter, but does not include an advertisement in a

newspaper announcing the holding of a meeting.

Electoral matter

means any matter which is intended or likely to affect voting in an election,

but does not include any electoral material produced by, or on behalf of, the Returning Officer

for the purposes of conducting an election. Electoral matter is to be taken to be intended or

likely to affect voting in an election if it contains an express or implicit reference to or comment

on:



The election, or



A candidate in the election, or



An issue submitted to, or otherwise before, the voters in an election.

Inappropriate decision

means any decision:



That would affect voting in an election



That could reasonably be made after the election.

Major policy decision

means any decision:



Relating to the employment, remuneration or termination of a Chief Executive Officer under

section 94 of

, other than a decision to appoint an acting Chief Executive Officer.



Regarding entering into a contract with a total value exceeding $150,000 for goods and

services, and $200,000 for works contracts, or, one per cent of Council’s rates revenue

(based on the preceding financial year), whichever is higher.



Regarding exercising entrepreneurial powers for proposals exceeding $100,000, or over one

per cent of Council's rates and charges revenue (from the preceding financial year year),

whichever is higher.

Nominated Candidate

means any person who nominates as a candidate for a state or federal

election.

Prospective Candidate

means any person who becomes an endorsed candidate of a

registered political party or publicly expresses an intention to run as a candidate for a local,

state or federal election.

Public consultation

means a process that involves an invitation/s to individuals, groups,

organisations or the community in general, to comment on an issue, proposed action, or

proposed policy.

Publish

means publish by any means, whether in hard copy or electronically, including

publication on the internet.

Returning Officer

means the person appointed in writing by the Victorian Electoral

Commission to conduct the election.

Conduct During Elections Policy 2019

Governance

September 2019

Page 3 of 11

4. Responsibility

The Governance department is responsible for the administration of this policy. Any issues or

items requiring clarification will be referred to the Chief Executive Officer, who will make a

determination with respect to matters of policy interpretation or implementation.

5. Legislation

This policy is in accordance with

and the

.

5.1 Legislative Context

Under Section 93B of

, 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. The policy must be reviewed not later than twelve months from the commencement of

an election period.

An election period policy must include:



Procedures intended to prevent the Council from making inappropriate decisions or using

resources inappropriately during the election period before a general election



Limits on public consultation and the scheduling of Council events



Procedures to ensure that access to information held by Council is made equally available

and accessible to candidates during the election.

Inappropriate decisions made by a Council during an election period includes:



Decisions that would affect voting in an election



Decisions that could reasonably be made after the election.

Section 55 of

imposes limitations on Council publications during a local government

general election period (prohibiting ‘electoral matter’ which is intended or likely to affect voting

in an election). 55D of

states 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. This does not include the

publication of any document published before the commencement of the election period, or

required to be published under any Act or Regulation.

Section 93A of

sets out major policy decisions that must not be made during a general

election period:



The employment, remuneration or termination of the Chief Executive Officer



Contracts exceeding specified values ($150,000 for goods and services, and $200,000 for

works contracts, or one per cent of the Council’s revenue – whichever is higher)



Entrepreneurial powers exceeding $100,000, or one per cent of the Council’s rates and

charges revenue (from the preceding financial year), whichever is higher).

Section 76D of

prescribes serious penalties for any Councillor who inappropriately

makes use of their position or information obtained in their role, to gain an advantage, or

disadvantage another (misuse of position).

Conduct During Elections Policy 2019

Governance

September 2019

Page 4 of 11

6. Policy

6.1 Policy Statement

During an election period, Councillors:



Will continue to fulfil their duties (unless they are granted a leave of absence)



Will continue to engage, and communicate with, the community in their Councillor role



Must comply with

and Code, and



Must not use their position to influence Council officers, or access Council resources or

information, in support of any election campaign or candidacy.

6.2 Candidacy

In accordance with the Code, a Councillor must not use Council resources for candidacy, or any

purpose that may be perceived as being used for candidacy (individual or political party). This

applies to a Councillor standing in local, state, or federal government elections, and for any

other elected positions, for example, positions on boards. Such use would constitute misuse of

position by the Councillor.

6.2.1 State and Federal Government Elections

Councillors will ensure there is a distinction between their obligations to Council and their

personal interests as a candidate, or member of a political party, in an election period prior to a

state or federal election.

A Councillor who becomes an endorsed candidate of a registered political party or publicly

expresses an intention to run as an candidate in a state or federal election, is a ‘Prospective

Candidate’ and will provide written advice to the Chief Executive Officer, as soon as practicable,

who will then advise all Councillors.

A Councillor who is a Prospective Candidate should declare their intended candidacy at a

meeting of the Council as soon as practicable after notifying the Chief Executive Officer.

A Councillor who nominates as a candidate for a state or federal election (a ‘Nominated

Candidate’) should take a leave of absence from their duties as a Councillor for at least the

period from the date of nomination as a candidate, until the close of voting for a state or federal

election. The Council will approve all requests for leave of absence by a Prospective Candidate

or Nominated Candidate.

Councillors will not use Council resources or participate in electioneering at Council events,

meetings or functions, in support of any candidate in a state or federal election.

Where sub-clauses 6.3 to 6.7 of this policy apply to a Councillor or candidate, it is intended that

they be applied in the case of a state, federal or Council election.

6.2.2 Local Government Elections

Councillors will ensure there is a distinction between their obligations to Council and their

personal interests as a candidate, or member of a political party, in an election period prior to a

Local Government election.

The election/caretaker period for Council elections is defined by

. There are restrictions

and limitations on Council’s decisions that may be made during this period.

Conduct During Elections Policy 2019

Governance

September 2019

Page 5 of 11

In addition, there are requirements for Councillors and Council officers to ensure Council

resources are not used, or perceived to be used, in support of any candidate or political party.

The Chief Executive Officer will, as far as practicable, plan for significant and major policy

matters to be considered well in advance of the election period, and ensure Council officers are

aware of their obligations during an election period.

6.3 Council Decisions

6.3.1 Council Decisions and Meetings

Council will not consider or make any decisions during an election period that would, or could be

perceived to, affect voting in an election, or unfairly commit the incoming Council to a major

course of action, or could reasonably be made after the election.

Council officers or special committees with delegated decision making authority are also not

permitted to make any decisions that may be perceived to affect the outcome of an election or

unfairly commit the incoming Council.

The only items to be considered at an Ordinary Council or Special Committee Meeting held

during the election period, will be the Annual Report, and administrative reports to complete the

Council’s term of office, for example, assemblies of Council, and delegate’s reports. Public

Question Time will be suspended during the election period. A Notice of Motion submitted by a

Councillor during an election period, that relates to an electoral matter, will not be permitted. If

a Notice of Motion is admitted on the agenda, the Chief Executive Officer will include an election

period policy statement.

Should Council consider there are extraordinary circumstances where the Brimbank community

would be significantly disadvantaged by Council not making a particular major policy decision,

Council will, by resolution, seek an exemption from the Minister for Local Government in

accordance with section 93A(2) of

.

6.3.2 Caretaker Statement

During the election period, the Chief Executive Officer will ensure a caretaker statement is

included in any report submitted to a Council or a Special Committee Meeting for consideration.

The caretaker statement will specify one of the following:



“The recommended decision is not a major policy decision or inappropriate decision, as

defined in section 93A of the

."



"The recommended decision is to seek an exemption from the Minister because the matter

requires a major policy decision within the meaning of section 93A of the

”.



“The recommended decision is a major policy decision, as defined in section 93A of the

, but an extraordinary circumstances exemption was granted by the

Minister for Local Government on [insert date]”.

During the election period, Council or a Special Committee will not make a decision on any

matter or report that does not include one of the above caretaker statements.

6.3.3. Considerations for Officers with Delegated Authority

Conduct During Elections Policy 2019

Governance

September 2019

Page 6 of 11

Before making decisions under delegated authority during the election period, officers should

consider the following:



whether the decision is ‘significant’



the urgency of the issue (that is, can it wait until after the election?)



the possibility of financial repercussions if it is deferred



whether the decision is likely to be controversial



the best interests of Council.

Officers requiring assistance in determining whether a decision is likely to be inappropriate

should seek advice from the Manager Governance in the first instance.

6.4 Access to Council Information

6.4.1 Request for Council Information

As Councillors continue to perform their elected role during the election period (Council

elections), they will continue to receive all necessary information to fulfil that role. Councillor

candidates will be treated the same as other candidates in relation to access to Council

information. Councillors may continue to access Council information and public documents

during the election period, but only as it is necessary for them to perform their current role and

functions.

Information to be provided to Councillors will include information that is publicly and freely

available, such as Council Plans, Annual Reports, strategies, policies etc.

Briefing papers in relation to the Annual Report and administrative reports to be decided at the

Council Meeting or Special Committee Meeting during the election period, will also be provided

to Councillors.

All requests received by Council officers for information about Council’s existing projects,

programs or services will be responded to in a business as usual manner. This means up to date

responses will be provided about progress on Council projects or services to Councillors,

candidates and members of the community.

A 'business as usual' approach does not include extensive research or analysis involving

significant Council resources, or providing a level of information which would not normally be

available.

All election-related enquiries from candidates, or prospective candidates (whether Councillors or

not), will be directed to the Returning Officer, or where the matter is outside the responsibilities

of the Returning Officer, to the Chief Executive Officer or delegate.

Applications for information under Freedom of Information legislation will be dealt with in the

usual manner.

6.4.2 Request for Information Register

During the election period, a request for information register will be maintained by Council’s

Governance department. This register will be a public document that records all requests

relating to electoral matters, routine and non-routine requests for information by Councillors

and candidates, and a summary of the response provided.

Conduct During Elections Policy 2019

Governance

September 2019

Page 7 of 11

Council officers are required to discuss requests for information by Councillors and candidates

with their Director to determine an appropriate response, prior to providing the information (or

declining to provide the information). Council officers will contact the Governance department

for inclusion of the request into the register.

Requests for information that require significant resources to be devoted to a response, or

which might be perceived to support an election campaign, will be referred to the Chief

Executive Officer or delegate.

The register will be published on Council’s website for the duration of the election period,

including a summary of response and/or link to any requested public document.

6.5 Council Media, Digital Communications, and Publications

6.5.1 Certification of Publications by the Chief Executive Officer

Section 55D of

specifies restrictions on Council publications, including electronic

publications, during an election period. The Chief Executive Officer must certify a Council

publication does not include ‘electoral matter’ before it can be issued. The Chief Executive

Officer can authorise an officer/s to vet material, however only the Chief Executive Officer can

formally certify material for publication (this function may not be delegated).

Council will not issue, publish or distribute any publication during an election period, other than

media and social media responses/statements on a service or issue, or those that are required

under an Act or regulation, or the Annual Report media release.

‘Publications’ include hard copy and electronic advertisements, promotional media releases,

social media posts, fliers, posters, newsletters/updates, booklets, surveys, invitations and group

mailouts/emails.

Any publications to be issued during the election period are to be forwarded to the relevant

Director for approval, and then sent to the Governance department for vetting for electoral

matter. Once vetted, the publication will then be submitted to the Chief Executive Officer for

certification.

Appendix 1 contains the certification memorandum required for a publication during the election

period.

Council publications available in Council facilities will be reviewed before the election period to

identify and temporarily remove anything that might reasonably influence the election.

6.5.2 Council Spokesperson

The Chief Executive Officer, or delegate, will be the primary spokesperson for Council

communications during an election period.

Media and social media responses and statements will only be issued during an election period

in the name of the Chief Executive Officer. These will be subject to certification by the Chief

Executive Officer.

Council officers will not make any public statement that could be construed as influencing the

election. This will be an offense under the Employee Code of Conduct. This does not include

statements of clarification on an issue certified by the Chief Executive Officer or delegate.

Councillors will not use their position as an elected representative, or their access to officers

and other Council resources, to gain media attention in support of an election campaign.

Conduct During Elections Policy 2019

Governance

September 2019

Page 8 of 11

6.5.3 Annual Report

Council’s Annual Report is required to be prepared and submitted to the Minister for Local

Government by the end of September. As it is a statutory requirement, it does not require

certification by the Chief Executive Officer.

The Annual Report must not include material that is considered electioneering or electoral

matter, or that publicises the attributes or achievements of individual Councillors. Information

referring to specific Councillors will be limited to names, titles, contact details, membership of

special committees and other bodies to which they have been appointed by Council. A Mayor’s

Message will be included and will be restricted to general Council business and not specific

achievements of elected representatives. The Chief Executive Officer will determine the

appropriate content for an Annual Report produced in an election period.

Council will print and distribute the same number of copies during an election period as for the

year preceding.

6.5.4 Council Websites (including Brimbank Buzz) and Social Media sites

During the election period, information about Councillors published on Council websites will only

include names, contact details and titles and any information contained in the Annual Report

produced in that period.

The Agenda and Minutes for Council and Special Committee Meetings during an election period,

will be published on Council’s website during the election period.

No new material will be published on Council’s websites or social media sites (such as Facebook,

Twitter and YouTube) during an election period. A statement will be published on the sites

advising that Council is in caretaker period and no new information will be published until after

the election. It will also state that any information on the site was published before the election

period, and direct people to contact customer service if they have any issues/requests.

Council’s websites will be reviewed before the election period to identify and temporarily

remove anything that might reasonably influence the election.

6.5.5 Internal Publications/Intranet

The publication of internal newsletters and intranet information, including instruction for the

election period, policy, and protocols, is permitted and will continue as normal during an

election period. The promotion of Councillors, candidates, or political parties in internal

publications is not permitted.

6.5.6 Councillor-Issued Communications

Councillors, like other candidates, are permitted to issue their own communications, in any

forum, provided they do not use Council resources. This includes Council owned devices,

Councillor email address, Council’s social media, Council letterhead, logo, stationery and

photocopiers. Councillors and candidates must make it clear that the views expressed are

personal views only, and not the views of the Council.

Councillors are not permitted to comment in an official capacity about an issue raised by the

media during the election period. However, if media outlets contact Councillors, or candidates,

directly for comment about an issue during the election period, Councillors and candidates are

able to comment, provided they make it known to media outlets that the views expressed are

personal views only, and not the views of Council.

Conduct During Elections Policy 2019

Governance

September 2019

Page 9 of 11

Council officers cannot provide media advice or assistance to Councillors during an election

period.

6.6 Council Consultation and Events

6.6.1 Public Meetings and Events

Council will not undertake any community consultations or events during the election period.

This includes promotion of upcoming consultations or events held after the election period.

Councillors may continue to attend community events, but no formal role will be accepted, or

support provided by Council officers (for example, a speech).

Existing Council programs and services for the community will continue as business as usual,

but new promotional activity is not permitted during an election period.

6.6.2 Speeches For External Events

Council resources will not be used to prepare speeches, or support roles, for Councillors for

community and external events during the election period.

6.6.3 Community Consultation

Community consultation includes a process that involves an invitation/s to individuals, groups,

organisations or the community generally, to comment on an issue, proposed action or

proposed policy.

Public consultation will be avoided during the caretaker period, with the exception of

consultation required under the

.

6.6.4 Council Facilities/Halls for Hire

Council facilities will be able to be hired by Federal and State political members and officers,

and local candidates (including Councillors) at the normal corporate hire rate determined for the

facility, in the lead up to an election, but not during an election period. To avoid a perception

that Council facilities are being used to promote any candidacy, no promotional material related

to the event/hired use, apart from directional signage, is able to be displayed in the common

public areas of the facility being hired. This will be advised at time of booking.

Candidates wishing to conduct electioneering activities in public space, for example, a stall at a

shopping strip or park, must apply for a permit, in accordance with Council’s local laws and

procedures.

No other promotional material, including signage, posters, flyers or banners, for any political

candidacy is permitted on Council land or in its facilities at any time. It is an offense under

Council’s local laws to display this material on Council land, and penalties apply. The Brimbank

Planning Scheme sets out the requirements relating to display of candidacy information on

private land in the City of Brimbank.

6.7 Use of Council Resources

Councillors will have access to the resources necessary to fulfil their elected roles, in accordance

with the Code.

Council resources – including (but not limited to) ipads, laptops, iphones, Councillor offices,

vehicles, hospitality, equipment, email, mobile phones and stationary - will remain available for

Councillors to fulfil their elected role during an election period. These resources must not be

Conduct During Elections Policy 2019

Governance

September 2019

Page 10 of 11

used for any election purposes, or used in a manner that could be perceived as supporting or

being connected with a candidate’s election campaign.

No Council officers will undertake any tasks connected directly or indirectly with a candidate’s

election campaign.

6.7.1 Use of the Title ‘Councillor’

Councillors may use the title Councillor in their election material, as they continue to hold office

during the caretaker period.

While a Councillor can refer to themselves as Councillor in all communication issued by the

Councillor (verbal or written), it must be made clear that it is the communication of a candidate

and not a position of Council.

6.7.2 Photographs and Images

Photographs and images paid for by Council or taken by Council officers are not to be used in

electoral material for any candidate. This includes images of Councillors, Council events, and

Council owned or maintained infrastructure.

Photographs taken by Councillors, their family or friends, or professional photos they have

directly commissioned and paid for, may be used in electoral material.

6.7.3 Council Branding and Stationary

No Council branding, logo or letterhead can be used for, or linked in any way to, a candidate’s

election campaign.

Use of Council logos, branding and stationery – hardcopy or electronic – is permitted for normal

Council business only.

6.7.4 Support Expense Reimbursement

Reimbursements of Councillor support expenses will be in accordance with the Code, as

amended from time to time. Reimbursements during the election period will only apply to costs

that have been incurred in the performance of normal Council duties, and not for expenses that

could be perceived as supporting or being connected with a candidate's election campaign. In

the case of claims that cover a combination of Council and electoral business, the Chief

Executive Officer may approve a partial reimbursement to cover Council activities.

6.7.5 Councillor Correspondence

General correspondence addressed to Councillors will be answered in a usual manner. However,

Councillors will only sign the necessary minimum correspondence during the election period,

and correspondence relating to significant, sensitive or controversial matters will be referred to

the Chief Executive Officer.

7. Related Documents







Councillor Code of Conduct Major Policy



Employee Code of Conduct

Conduct During Elections Policy 2019

Governance

September 2019

Page 11 of 11



Brimbank Planning Scheme



Reforms Arising From the Local Government Amendment (Improved Governance) Act 2015

– A Guide for Councils by Local Government Victoria

History of Amendment

Rev Review date

Reason for amendment

Next review date

23/02/2016

New legislative requirements

1/09/2019

A 17/09/2019

Review

1/09/2023

Approved by council:

Yes

Date approved by council:

18 August 2020