Agenda of Extraordinary Council Meeting

Councillor Contact Details

Granville Ward
Clr Steve Christou	0419 651 187	Steve.Christou@cumberland.nsw.gov.au
Clr Ola Hamed	0405 070 007	Ola.Hamed@cumberland.nsw.gov.au
Clr Joseph Rahme	0418 995 471	Joseph.Rahme@cumberland.nsw.gov.au
Greystanes Ward
Clr Greg Cummings (Mayor)	0417 612 717	Greg.Cummings@cumberland.nsw.gov.au
Clr Eddy Sarkis	0418 306 918	Eddy.Sarkis@cumberland.nsw.gov.au
Vacant	-	-
Regents Park Ward
Clr Ned Attie	0419 583 254	Ned.Attie@cumberland.nsw.gov.au
Clr George Campbell	0409 233 315	George.Campbell@cumberland.nsw.gov.au
Clr Kun Huang	0418 911 774	Kun.Huang@cumberland.nsw.gov.au
South Granville Ward
Clr Glenn Elmore (Deputy Mayor)	0418 459 527	Glenn.Elmore@cumberland.nsw.gov.au
Clr Paul Garrard	0414 504 504	Paul.Garrard@cumberland.nsw.gov.au
Clr Tom Zreika	0449 008 888	Tom.Zreika@cumberland.nsw.gov.au
Wentworthville Ward
Clr Lisa Lake	0418 669 681	Lisa.Lake@cumberland.nsw.gov.au
Clr Suman Saha	0419 546 950	Suman.Saha@cumberland.nsw.gov.au
Clr Michael Zaiter	0418 432 797	Michael.Zaiter@cumberland.nsw.gov.au

For information on Council services and facilities please visit www.cumberland.nsw.gov.au

Extraordinary Council Meeting

25 September 2019

Item No: EC09/19-229

Election of Mayor and Deputy Mayor

Responsible Division: Finance & Governance

Officer: Director Finance & Governance

File Number: HC-06-12-3/03

Community Strategic Plan Goal: Transparent and accountable leadership

Summary

The purpose of this report is to outline the procedures for the Election of the Mayor and Deputy Mayor.

Recommendation

That Council:

1. Agree to elect a Deputy Mayor for the same term as the Mayor.

2. Determine the method of voting for the Election of the Mayor and Deputy Mayor (if more than 1 nomination is received).

3. Conduct the Election of Mayor and Deputy Mayor in accordance with the Local Government Act 1993, and the result be declared by the Returning Officer.

4. Resolve any changes in Councillor Committee representation as a result (if required).

Report

The term of the Mayor will be for 12 months as a Council election is due in September 2020. Under Section 231 of the Local Government Act, the term of the Deputy Mayor can be for the Mayoral Term or a shorter term as the Council determines. The decision to have a Deputy Mayor is the decision for the Council, and is recommended in this report based on the current practice of Council.

Procedures for Mayoral Election

The General Manager is the nominated Returning Officer for the election of Mayor and Deputy Mayor.

The General Manager will indicate that the election will be conducted in accordance with the Local Government Act and Regulations. Council is to determine the method of voting to be used for the election of Mayor and Deputy Mayor.

If only one Councillor is nominated, that Councillor is duly elected.

If more than one Councillor is nominated, Council is to proceed to determine the method of voting via one of the following options:

· Open voting – i.e. by show of hands.

· Ordinary ballot – i.e. a secret ballot (place an “X” against the candidate of their choice);

· Preferential ballot – i.e. place 1, 2, 3 etc. against each candidate;

Open voting is the most transparent method of voting at Council meetings. It allows the community to see and understand the voting that has occurred. It is also the least bureaucratic method and reflects normal Council voting methods. If Council decided to conduct the election by preferential or ordinary ballot, then the General Manager will conduct the election as outlined in the Regulations below.

1. Council determines the method of voting.

2. General Manager calls for nominations for Mayor.

a) A Councillor may be nominated without notice for election as Mayor or Deputy Mayor.

b) The nomination is to be made in writing by 2 or more Councillors (one of whom may be the nominee). The nomination is not valid unless the nominee has indicated consent to the nomination in writing.

c) The nomination to be delivered or sent to the Returning Officer (General Manager) prior to the commencement of the Meeting.

d) The Returning Officer (General Manager) is to announce the names of the nominees at the meeting.

e) If only two nominations are received, then voting is conducted as resolved and the Returning Officer declares the winner. If voting is tied, the one elected is to be chosen by lot.

f) If more than two nominations are received, voting is conducted as resolved and the Returning Officer eliminates the person with the smallest number of votes until there is a winner. If voting is tied, the one elected is to be chosen by lot.

g) Mayor takes up his or her seat. Mayor will then ask the General Manager to conduct the election of Deputy Mayor.

h) General Manager then conducts the voting for Deputy Mayor in the same method as above.

The following procedures for Mayoral Election have been cited from the Office of Local Government – Mayoral Election Procedures, based on the Local Government General Regulation – Schedule 7:

Local Government (General) Regulation 2005 – Schedule 7

Schedule 7 – Election of Mayor by Councillors

(Clause 394)

Part 1 - Preliminary

1 - Returning officer

The general manager (or a person appointed by the general manager) is the returning officer.

2 - Nomination

(1) A councillor may be nominated without notice for election as mayor or deputy mayor.

(2) The nomination is to be made in writing by 2 or more councillors (one of whom may be the nominee). The nomination is not valid unless the nominee has indicated consent to the nomination in writing.

(3) The nomination is to be delivered or sent to the returning officer.

(4) The returning officer is to announce the names of the nominees at the council meeting at which the election is to be held.

3 - Election

(1) If only one councillor is nominated, that councillor is elected.

(2) If more than one councillor is nominated, the council is to resolve whether the election is to proceed by preferential ballot, by ordinary ballot or by open voting.

(3) The election is to be held at the council meeting at which the council resolves on the method of voting.

(4) In this clause:

"ballot" has its normal meaning of secret ballot.

"open voting" means voting by a show of hands or similar means.

Part 2 - Ordinary ballot or open voting

4 - Application of Part

This Part applies if the election proceeds by ordinary ballot or by open voting.

5 - Marking of ballot-papers

(1) If the election proceeds by ordinary ballot, the returning officer is to decide the manner in which votes are to be marked on the ballot-papers.

(2) The formality of a ballot-paper under this Part must be determined in accordance with clause 345 (1) (b) and (c) and (6) of this Regulation as if it were a ballot-paper referred to in that clause.

(3) An informal ballot-paper must be rejected at the count.

6 - Count- 2 candidates

(1) If there are only 2 candidates, the candidate with the higher number of votes is elected.

(2) If there are only 2 candidates and they are tied, the one elected is to be chosen by lot.

7 - Count- 3 or more candidates

(1) If there are 3 or more candidates, the one with the lowest number of votes is to be excluded.

(2) If 3 or more candidates then remain, a further vote is to be taken of those candidates and the one with the lowest number of votes from that further vote is to be excluded.

(3) If, after that, 3 or more candidates still remain, the procedure set out in subclause (2) is to be repeated until only 2 candidates remain.

(4) A further vote is to be taken of the 2 remaining candidates.

(5) Clause 6 of this Schedule then applies to the determination of the election as if the 2 remaining candidates had been the only candidates.

(6) If at any stage during a count under subclause (1) or (2), 2 or more candidates are tied on the lowest number of votes, the one excluded is to be chosen by lot.

Part 3 - Preferential ballot

8 - Application of Part

This Part applies if the election proceeds by preferential ballot.

9 - Ballot-papers and voting

(1) The ballot-papers are to contain the names of all the candidates. The councillors are to mark their votes by placing the numbers “1”, “2” and so on against the various names so as to indicate the order of their preference for all the candidates.

(2) The formality of a ballot-paper under this Part is to be determined in accordance with clause 345 (1) (b) and (c) and (5) of this Regulation as if it were a ballot-paper referred to in that clause.

(3) An informal ballot-paper must be rejected at the count.

10 - Count

(1) If a candidate has an absolute majority of first preference votes, that candidate is elected.

(2) If not, the candidate with the lowest number of first preference votes is excluded and the votes on the unexhausted ballot-papers counted to him or her are transferred to the candidates with second preferences on those ballot-papers.

(3) A candidate who then has an absolute majority of votes is elected, but, if no candidate then has an absolute majority of votes, the process of excluding the candidate who has the lowest number of votes and counting each of his or her unexhausted ballot-papers to the candidates remaining in the election next in order of the voter’s preference is repeated until one candidate has received an absolute majority of votes. The latter is elected.

(4) In this clause, "absolute majority", in relation to votes, means a number that is more than one-half of the number of unexhausted formal ballot-papers.

11 - Tied candidates

(1) If, on any count of votes, there are 2 candidates in, or remaining in, the election and the numbers of votes cast for the 2 candidates are equal-the candidate whose name is first chosen by lot is taken to have received an absolute majority of votes and is therefore taken to be elected.

(2) If, on any count of votes, there are 3 or more candidates in, or remaining in, the election and the numbers of votes cast for 2 or more candidates are equal and those candidates are the ones with the lowest number of votes on the count of the votes-the candidate whose name is first chosen by lot is taken to have the lowest number of votes and is therefore excluded.

Part 4 - General

12 - Choosing by lot

To choose a candidate by lot, the names of the candidates who have equal numbers of votes are written on similar slips of paper by the returning officer, the slips are folded by the returning officer so as to prevent the names being seen, the slips are mixed and one is drawn at random by the returning officer and the candidate whose name is on the drawn slip is chosen.

13 - Result

The result of the election (including the name of the candidate elected as mayor or deputy mayor) is:

(a) to be declared to the councillors at the council meeting at which the election is held by the returning officer, and

(b) to be delivered or sent to the Director-General and to the Secretary of the Local Government and Shires Association of New South Wales.

Community Engagement

The result of the election (including the name of the candidate elected as Mayor or Deputy Mayor) is:

(a) To be declared to the councillors at the council meeting at which the election is held by the returning officer, and

(b) To be delivered or sent to the Director-General and to the Secretary of the Local Government and Shires Associations of New South Wales.

Council will clearly publicise the results of the election in its various media channels.

Policy Implications

There are no policy implications for Council associated with this report.

Risk Implications

There are no risk implications for Council associated with this report.

Financial Implications

The Mayoral allowance is included in the Council budget.

CONCLUSION

The Election of the Mayor and Deputy Mayor (if required) should be undertaken in accordance with this report.

Attachments

1. Office of Local Government Fact Sheet - Election of Mayor and Deputy Mayor ⇩