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.

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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).

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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.

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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 makes the final declaration of the results of the elections).

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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.

Child/Dependent Care:

7.5 Elected members are entitled to reimbursement for child/dependent care expenses actually or necessarily incurred by the elected member as a consequence of the elected member’s attendance at a prescribed meeting. Child/dependent care is not reimbursed if the care is provided by a person who ordinarily resides with the elected member.

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8. COUNCIL APPROVED REIMBURSEMENTS - (SECTION 77(1)(b)):

8.1 The additional expenses incurred by elected members, which do not fall within the categories of allowances (clause 6) or mandatory reimbursements (clause 7), but which have been approved by council for reimbursement under section 77(1)(b) of the Act are as follows:

Travel Expenses: When an elected member is required to travel outside the council area to attend an approved activity such as a conference, seminar, training course or meeting which is directly or closely related to the performance or discharge of the roles and duties of an elected member, the following will apply:

▪ A council vehicle will be made available for approved travel wherever possible.

▪ If a council vehicle is not available and the elected member is required to use their personal vehicle, the cost of fuel will be reimbursed upon presentation of receipts.

▪ Elected members attending the same training/conference/meeting are encouraged to car pool to minimise travel expenditure.

▪ Whilst travelling on council business, the driver is personally responsible for all traffic or parking fines incurred.

Course Registration Fees: • Council will pay registration fees for attendance at approved training training and development activities.

Accomodation: • Council funded overnight accommodation will be provided where the duration of the approved activity (including travel time) exceeds 10 hours, or in the event of an activity with a shorter duration, where council provides approval by resolution.

• Accommodation must be arranged through council’s Executive Support Officer who will utilise local government rates wherever possible. Accommodation should be arranged as early as possible to secure the best possible rates.

• Council will meet reasonable costs of accommodation and acknowledges the practical benefits of being accommodated at or near the conference/seminar venue, whilst also being accountable and transparent to its community for the expenditure of public monies.

• Where elected members do not have a corporate credit card, arrangements will be made with the accommodation venue to charge approved expenses back to council.

Meals: • Council will pay the reasonable costs of meals for elected members attending approved activities, where any of those meals are not provided as part of the fee for the conference or function. Page 6 of 14

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Incidental Expenses: • Reasonable out of pocket expenses will be reimbursed on presentation of receipts, ie, car parking.

• Council will not meet the cost of laundry, dry cleaning, tips, inhouse movies or mini bar items.

Other Considerations: • Costs associated with a person accompanying an elected member will not be met by council without prior approval.

• Council may approve to pay expenses for a spouse or partner to attend a function where the function is of a formal or ceremonial nature and it is considered reasonable that they attend.

• Where an elected member chooses to utilise private accommodation, council will reimburse reasonable meal and incidental costs.

9. PROCESS FOR REIMBURSEMENT:

9.1 To receive reimbursement for Mandatory Reimbursements under Clause 7, elected members must complete Appendix 1. The claim form must be submitted to council’s Senior Finance Officer by the last business day of November, February, May and August in each year.

9.2 To receive reimbursement for Council Approved Reimbursements under Clause 8, elected members must complete Appendix 2. The claim form must be submitted to council’s Senior Finance Officer together with receipts supporting expenditure for reimbursement in council’s monthly creditors run.

10. FACILITIES AND SUPPORT:

10.1 In addition to allowances and the reimbursement of expenses, and in accordance with Section 78 of the Act, council will provide the following facilities and support to all elected members to assist them in performing or discharging their official functions and duties:

• IPad and council email address • Business cards • Meals and refreshments where appropriate, while attending council meetings, council committee meetings, briefings, training and workshops. • Corporate shirt and tie/scarf • Name badge

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10.2 The provision of these facilities and support are made available to all elected members on the following basis:

a. Such provision is necessary for the elected member to perform or discharge his/her official functions and duties; b. The facilities remain the council’s property regardless of whether they are used off site or not and will be returned to council at the end of each term in office; c. If the facilities provided to the elected member are damaged or lost, the elected member must lodge a written report to the CEO.

10.3 In addition to the above, council will make available to the principal member (and to any acting principal member appointed during the principal member’s absence) the following additional facilities and support to assist them in performing and discharging their official functions and duties:

a. Office space and administrative support (as required)

11. OTHER REIMBURSEMENTS:

Any additional reimbursements and facilities and support not detailed in this policy will require the specific approval of council (via a council resolution), prior to any reimbursements being paid, benefits being received and facilities and/or support being provided.

12. REGISTER OF ALLOWANCES AND BENEFITS:

12.1 Pursuant to section 79(1) and (2) of the Act, the Chief Executive Officer must maintain a register in which he or she shall ensure that a record is kept of—

a. the annual allowance payable to an elected member; and b. any expenses reimbursed under section 77(1)(b) - Council Approved Reimbursements; and c. other benefits paid or provided for the benefit of the member by the council; or d. provision of a reimbursement or benefit not previously recorded in the register.

12.2 Mandatory Reimbursements paid under Section 77(1)(a) of the Act are not required to be recorded in the register.

12.3 Council’s Senior Finance Officer is required to record in the register any changes in the allowance or a benefit payable to, or provided for the benefit of elected members. Accordingly, the Senior Finance Officer will update the register each quarter.

12.4 The Register of Allowances and Benefits is available for inspection by members of the public, free of charge, at the council office during ordinary business hours. Copies or extracts of the register are available for purchase upon payment of a fixed fee.

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13. AVAILABILITY OF THE POLICY:

This policy will be available for inspection at the council’s principle office, 29 Holland Street Kingston SE, during ordinary business hours and on council’s website: www.kingstondc.sa.gov.au. Copies will also be provided to interested members of the community upon request, and upon such payment of the fee set by council.

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Elected Members Allowances and Benefits Policy ______

APPENDIX 1

Form 1

Elected Member’s Reimbursement Claim for Mandatory Reimbursements (Section 77(1)(a) of the LG Act)

Name: …………………………………………………………………………………………………

Period: ………………………………………………………………………………………………..

Total Reimbursement Claim Amount: $...... ______Reimbursement of prescribed expenses associated with attending a prescribed meeting within the council area (not subject to council approval).

1. Travel Expenses

Date of Travel Council Function or Distance Travelled (km) Business Attended

Total number of kilometres for reimbursement claim: ………………...... Page 10 of 14

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2. Child Care Expenses (Please attach tax invoices and receipts):

Name of Date of Prescribed meeting Hours of Care Child/Dependent Care attended Care Provider Provided

o Reimbursement claim: $......

______

………………………………………………………………………………………………… Signature of elected member

Date: …………………………………………………

______

FOR OFFICE USE ONLY

………………………………………………………………………………………………… Signature of Chief Executive Officer

Date: …………………………………………………

Claim processed by: ………………………………………………………………………..

Date: …………………………………………………

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Elected Members Allowances and Benefits Policy ______

Appendix 2

Elected Member’s Reimbursement Claim for Council Approved Reimbursements (Section 77(1)(b) of the LG Act)

Name: ………………………………………………………………………………………………….

Total Reimbursement Claim Amount: $......

______

1. Travel Expenses Date of Travel Council Function or Business Location Attended

Total fuel expenses $...... (please attach receipts)

2. Reimbursement of other expenses:

Date Details Reimbursement Sought Accommodation:

Car Parking:

Meals:

Incidentals:

Other:

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Total Reimbursement Sought: (receipts provided) $......

……………………………………………… ………………………………………… Signature of elected member Date

FOR OFFICE USE ONLY

…………………………………………… …………………………………………… Approved by Chief Executive Officer Date

Claim processed by: …………………… Date: ……………………………………

Entered into Allowance and Benefits Register by: ………………………………………

Date: ………………………………………………

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APPENDIX 3

DETERMINATION OF THE REMUNERATION TRIBUNAL ALLOWANCES FOR MEMBERS OF LOCAL GOVERNMENT COUNCILS

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No. 6 of 2018

DETERMINATION OF THE REMUNERATION TRIBUNAL ALLOWANCES FOR MEMBERS OF LOCAL GOVERNMENT COUNCILS

SCOPE OF DETERMINATION 1. The Remuneration Tribunal has jurisdiction under section 76 of the Local Government Act 1999 (“the Act”), to determine the allowance payable to elected members of Local Government Councils constituted under that Act. 2. This Determination applies to the members of Councils constituted under the Act, but does not apply to members of the City Council.

INTERPRETATION 3. In this Determination, unless the contrary appears: “Committee” means a committee established by a council in terms of section 41 of the Act. “Councillor” means a person appointed or elected as a member of a local government council under the Act. “Principal Member” means a principal member under the Act. “Prescribed Committee” means for the purposes of this determination, a committee that endures, irrespective of whether the council has assigned any particular work for the committee to perform and assists the council or provides advice to the council in any of the following areas or any combination thereof: • Audit • Chief Executive Officer performance review • Corporate services • Finance • Governance • Infrastructure and works • Risk management • Strategic planning and development ALLOWANCES 4. Councillors The annual allowance for a councillor who is not a principal member, deputy mayor, deputy chairperson or presiding member of a prescribed committee shall be as follows:

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Council Group $ per annum Group 1A $23,350 Group 1B1A $20, 630 Group 2 $17,270 Group 3 $13,900 Group 4 $9,900 Group 5 $6,500 Council Groups are provided in Appendix 1. 5. Principal Members The annual allowance for principal members of a local government councils constituted under the Act will be equal to four (4) times the annual allowance for councillors of that council. 6. Deputy Mayor, Deputy Chairperson or Presiding Member of a Committee The annual allowance for a councillor who is a deputy mayor or deputy chairperson, or the presiding member of a prescribed committee or more than one prescribed committees established by a council, will be equal to one and a quarter (1.25) times the annual allowance for councillors of that council. 7. An additional allowance in the form of a sitting fee is payable to a councillor (other than the principal member or deputy principal member, chairperson or deputy chairperson or a presiding member of a prescribed committee) who is the presiding member of a committee, that is not a prescribed committee, at the following rates: a. Where the councillor is a member of a council in Group 1A or Group 1B; an allowance of $230 per meeting limited to an aggregate amount of allowance of $1,380 per annum; b. Where the councillor is a member of a council in Group 2 or Group 3; an allowance of $170 per meeting limited to an aggregate amount of allowance of $1,020 per annum; c. Where the councillor is a member of a council in Group 4 or Group 5; an allowance of $110 per meeting limited to an aggregate amount of allowance of $660 per annum.

TRAVEL TIME ALLOWANCE FOR MEMBERS OF NON-METROPOLITAN COUNCILS 8. An allowance of $410 per annum will be payable to council members, excluding principal members, whose usual place of residence is within the relevant council area and is located at least 30 kms but less than 50 kms from that council’s principal office, via the most direct road route. 9. An allowance of $700 per annum will be payable to council members, excluding principal members, whose usual place of residence is within the relevant council area and is located at least 50 kms but less than 75 kms from that council’s principal office, via the most direct road route. 10. An allowance of $1,050 per annum will be payable to council members, excluding principal members, whose usual place of residence is within the relevant council area and is located at least 75 kms but less than 100 kms from that council’s principal office, via the most direct road route. 11. An allowance of $1,490 per annum will be payable to council members, excluding principal members, whose usual place of residence is within the relevant council area and is located 100 kms or more from that council’s principal office, via the most direct road route. 12. The non-metropolitan council members travel time allowance will be payable in addition to any entitlement to reimbursement of expenses actually incurred.

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13. A list of the non-metropolitan councils to which this payment applies is provided in Appendix 2.

DATE OF OPERATION 14. As provided for by section 76(8) of the Act, this Determination will come into operation on the conclusion of the 2018 Local Government Elections.

John Lewin Peter Alexander Pamela Martin PRESIDENT MEMBER MEMBER

Dated this 30th day of August 2018

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Appendix 1 – Council Groups

GROUP 1A GROUP 4 (formerly Mallala) Corporation of the City of Port Adelaide Enfield District Council of Coorong District Council of Grant District Council of Lower GROUP 1B District Council of Yankalilla District Council of Renmark Paringa Regional Council of Goyder Wakefield Regional Council GROUP 5 GROUP 2 District Council of Barunga West Council District Council of Ceduna District Council of Cleve District Council of Coober Pedy Campbelltown City Council District Council of Elliston District Council of Franklin Harbour District Council of Karoonda East Murray District Council of Kimba City of Norwood Payneham and St Peters District Council of Mount Remarkable District Council of Orroroo Carrieton District Council of Peterborough District Council of Mount Barker Port Augusta City Council District Council of Streaky Bay Rural City of Murray Bridge District Council of Tumby Bay Kingston District Council GROUP 3 Southern Mallee District Council Clare and Gilbert Valleys Council District Council of Loxton Waikerie District Council of The Copper Coast District Council of Yorke Peninsula Mid Murray Council Naracoorte Lucindale Council Port Pirie Regional Council

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Appendix 2 – Non – Metropolitan Councils

Adelaide Hills Council District Council of Renmark Paringa Adelaide Plains Council (formerly Mallala) District Council of Robe Alexandrina Council District Council of Streaky Bay Berri Barmera Council District Council of The Copper Coast Barossa Council District Council of Tumby Bay District Council of Yankalilla City of Whyalla District Council of Yorke Peninsula Clare and Gilbert Valleys Council Flinders Ranges Council District Council of Barunga West Kangaroo Island Council District Council of Ceduna Kingston District Council District Council of Cleve Light Regional Council District Council of Coober Pedy Mid Murray Council District Council of Coorong Naracoorte Lucindale Council District Council of Elliston Northern Areas Council District Council of Franklin Harbour Port Augusta City Council District Council of Grant Port Pirie Regional Council District Council of Karoonda East Murray Regional Council of Goyder District Council of Kimba Rural City of Murray Bridge District Council of Lower Eyre Peninsula Southern Mallee District Council District Council of Loxton Waikerie Tatiara District Council District Council of Mount Barker Wakefield Regional Council District Council of Mount Remarkable Wattle Range Council District Council of Orroroo Carrieton Wudinna District Council

District Council of Peterborough

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