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Elected Members Allowances and Benefits Policy ______ Elected Members Allowances and Benefits Policy _____________________________________________________________________________ Elected Members Allowances and Benefits Policy Classification: Council Policy Review Frequency: Following a General Election Last Reviewed: February 2019 Review Due: 2023 Responsible Officer: Chief Executive Officer Senior Finance Officer Applicable Legislation: • Local Government Act 1999, sections 76 - 80 • Local Government (Members Allowances and Benefits) Regulations 2010 Related • Determination of the Remuneration Policies/Procedures/Documents: Tribunal Allowances for Elected Members of Local Government Councils. • Elected Members Training & Development Policy 1. PURPOSE: The purpose of this policy is to ensure that elected member allowances, the reimbursement of expenses and the provision of benefits, facilities and support are managed in accordance with legislation and in a fair and transparent manner. Page 1 of 14 Elected Members Allowances and Benefits Policy _____________________________________________________________________________ This Policy sets out: • the mandatory allowances and reimbursements available to elected members; • the additional prescribed expenses incurred by elected members which have been approved by council for reimbursement under section 77(1)(b) of the Local Government Act 1999 (the Act); • • the process for payment of allowances and procedure for reimbursement of expenses incurred by elected members; and • the information that must be recorded within the council’s Register of Allowances and Benefits to ensure compliance with Section 79 of the Act. 2. LEGISLATIVE CONTEXT: 2.1 This Policy ensures compliance with: • Chapter 5, Part 5 of the Local Government Act 1999 – Allowances and Benefits, and • Local Government (Members Allowances and Benefits) Regulations 2010 3. SCOPE: This Policy applies to all elected members of Kingston District Council. 4. DEFINITIONS: Approved activity A conference, seminar, training course or meeting which has been approved in council’s annual training plan, or for which the elected member has sought direct approval by resolution of the council. Committee Means a committee established by a council in terms of Section 41 of the Act. Elected Members Includes the Mayor, unless stated otherwise Eligible Journey A journey (in either direction) between the principal place of residence, or a place of work, of an elected member, and the place of a prescribed meeting. Function or Activity Includes official council functions including mayoral receptions, on the Business of opening ceremonies, dinners, citizenship ceremonies, official Council visits, inspection of sites within the council area relating to council or committee agenda items, meetings of community groups and organisations as a council representative (but not to attend meetings of community groups or organisations if not appointed as council’s nominated representative). Page 2 of 14 Elected Members Allowances and Benefits Policy _____________________________________________________________________________ Prescribed A committee that endures, irrespective of whether the council has Committees assigned any particular work for the committee to perform and assists the council or provides advice to council. Council’s prescribed committees include the Audit Committee and Strategic Planning and Development Committee. Prescribed Meeting A meeting of the council or council committee, or an informal gathering, discussion, workshop, briefing, training course or similar activity, which is directly or closely related to the performance or discharge of the roles or duties of the elected member. 5. PRINCIPLES: This Policy is underpinned by the following principles: 5.1 Elected members should not be out of pocket as a result of performing and discharging their council functions and duties. To assist elected members in performing or discharging their official functions and duties they are entitled to be provided with a range of necessary facilities and support and to be reimbursed for expenses as specified in this policy. 5.2 Any reimbursements claimed by elected members must be for expenses actually and necessarily incurred in performing and discharging their official council functions and duties. 5.3 Council encourages continued professional training and development for elected members. This is seen as being necessary in terms of good governance and to the improved performance of their functions and duties. 5.4 Council is accountable to its community for the use of public monies. 6. ALLOWANCES (DETERMINED BY THE REMUNERATION TRIBUNAL): Elected Member Allowances: 6.1 Elected member allowances are determined by the Remuneration Tribunal on a 4 yearly basis before the designated day in relation to each set of periodic elections held under the Local Government (Elections) Act 1999. 6.2 An allowance determined by the Remuneration Tribunal will take effect from the first ordinary meeting of the council held after the conclusion of the relevant periodic election. Elected member allowances are to be adjusted on the first, second and third anniversaries of the relevant periodic elections to reflect changes in the Consumer Price Index (“CPI”) under a scheme prescribed by the Regulations. 6.3 Allowances will be paid in instalments up to 3 months in arrears of each month in respect of which an instalment is payable. Page 3 of 14 Elected Members Allowances and Benefits Policy _____________________________________________________________________________ 6.4 The annual allowance for an elected member is determined accordingly to the relevant council group. There are six council groups which are each explained within the determination of the Remuneration Tribunal (see Appendix 3). The annual allowance for: • Principal members, is equal to four times the annual allowance for council members of that council; • Deputy mayor or an elected member who is the presiding member of one or more prescribed committees, is equal to one and a quarter (1.25) times the annual allowances for council members of that council. Sitting Fees: 6.4 An additional allowance in the form of a sitting fee is also payable for elected members who are presiding members of other council committees (who are not deputy mayors, or presiding members of prescribed committees). Travel Time Allowance: 6.5 Pursuant to the determination made by the Remuneration Tribunal, elected members (excluding principal members) of non-metropolitan councils are eligible for payment for a travel time payment where the elected members’: a) usual place of residence is within the relevant council area and is located at least 30kms but less than 50km or more distance from their council’s principal office, via the nearest route by road - $410 per annum b) usual place of residence is within the relevant council area and is located at least 50kms but less than 75kms from their council’s principal office, via the nearest route by road - $700 per annum; c) usual place of residence is within the relevant council area and is located at least 75kms but less than 100kms from their council’s principal office, via the nearest route by road - $1,050 per annum; d) usual place of residence is within the relevant council area and is located 100km or more from their council’s principal office, via the nearest route by road - $1,490 per annum; The travel time allowance will be payable in addition to any entitlement to reimbursement of expenses actually incurred. Other Considerations: 6.6 An allowance under this section is to be paid in accordance with any requirement set out in the Regulations (unless the member declines to accept payment of an allowance in accordance with Section 76(12) of the Act). 6.7 In the year of a periodic election, elected members finishing their term of office should receive their allowances until their term expires – this is at the conclusion of the elections (i.e. when the Electoral Commissioner of South Australia makes the final declaration of the results of the elections). Page 4 of 14 Elected Members Allowances and Benefits Policy _____________________________________________________________________________ 6.8 Following a periodic election, allowances will commence at the conclusion of the election, as specified under section 76(8) of the Act. 7. MANDATORY REIMBURSEMENTS – (SECTION 77(1)(a)): Travel: 7.1 Elected members are entitled to receive reimbursement for travelling expenses actually and necessarily incurred by the elected member for travel within the council area and associated with attendance at a ‘prescribed meeting’ in accordance with (section 77(1)(a) of the Act). 7.2 Reimbursement for travel expenses is restricted to ‘eligible journeys’ provided the journey is by the shortest or most practicable route and to that part of the journey within the council area. Any travel outside the council area in order to attend council or council committee meetings is not reimbursable under section 77(1)(a) of the Act. For reimbursement for travel outside the council area refer to Clause 8. 7.3 Where an elected member travels by private motor vehicle, the rate of reimbursement will be equal to the rate per kilometre prescribed by the Australian Taxation for the purposes of calculating deductions for car expenses under section 28.25 of the Income Tax Assessment Act 1997 of the Commonwealth. 7.4 Elected members may aggregate claims for reimbursement of expenses that relate to journeys that do not exceed 20 kilometres and then claim reimbursement on a quarterly basis.
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