Part 3Special arrangements for the Adelaide City Council

Part 3—Special arrangements for the Adelaide City Council Division 1—Constitution of Council 20—Constitution of Council (1) The Adelaide City Council will be constituted of— (a) the Lord Mayor; and (b) other members. (4) The Council may resolve to have a Deputy Lord Mayor in accordance with the provisions of the Local Government Act 1999. Division 2—Role of members 21—Lord Mayor Subject to this Act, the role of the Lord Mayor as leader of the Council is— (a) as the principal member of the Council— (i) to provide leadership and guidance to the Council; and (ii) to lead the promotion of positive and constructive working relationships among members of the Council; and (iii) to provide guidance to council members on the performance of their role, including on the exercise and performance of their official functions and duties; and (iv) to support council members' understanding of the separation of responsibilities between elected representatives and employees of the Council; and (v) to preside at meetings of the Council; and (vi) to liaise with the chief executive officer on the implementation of decisions of the Council between Council meetings (as necessary); and (vii) to act as the principal spokesperson of the Council; and (viii) to exercise other functions of the Council as the Council determines; and (b) as the principal elected member of the Council representing the capital city of South Australia— (i) to provide leadership and guidance to the City of Adelaide community; and (ii) to participate in the maintenance of inter‑governmental relationships at regional, State and national levels; and (iii) to carry out civic and ceremonial duties associated with the office of Lord Mayor. 22—Members (1) The role of a member of the Council is— (a) as a member of the governing body of the Council— (i) to act with integrity; and (ii) to ensure positive and constructive working relationships within the Council; and (iii) to recognise and support the role of the Lord Mayor under the Act; and (iv) to develop skills relevant to the role of a member of the Council and the functions of the Council as a body; and (v) to participate in the deliberations and activities of the Council; and (vi) to provide community leadership and guidance to the City of Adelaide community and to participate in achieving a vision for the desired future of the City through the formulation of strategic plans and policies; and (vii) to keep the Council's goals and policies under review to ensure that they are appropriate and effective; and (viii) to keep the Council's resource allocation, expenditure and activities, and the efficiency and effectiveness of its service delivery, under review; and (ix) to participate in the oversight of the chief executive officer's performance under the Council's contract with the chief executive officer; and (x) to serve the overall public interest of the City of Adelaide; and (b) as a person elected to the Council—to represent the interests of residents and ratepayers of the Council and to facilitate communication between the community and the Council. (2) The Lord Mayor may authorise another member of the Council to act in place of, or to represent, the Lord Mayor in the performance of a particular function. (3) An authorisation under subsection (2) cannot derogate from the role of a Deputy Lord Mayor under the Local Government Act 1999. (4) A member of the Council has no direct authority over an employee of the Council with respect to the way in which the employee performs his or her duties. Division 4—Allowances and benefits 24—Allowances (1) Subject to this Act, a member of the Council is entitled to the allowance determined by the Remuneration Tribunal in relation to the member's office and indexed in accordance with this section. (2) The Remuneration Tribunal must make determinations under this section on a 4 yearly basis before the designated day in relation to each periodic election for the City of Adelaide held under the Local Government (Elections) Act 1999. (3) The Remuneration Tribunal must, in making a determination under this section, have regard to the following: (a) the role of members of the Council as members of the Council's governing body and as representatives of their area; (b) the size, population and revenue of the Council, and any relevant economic and social factors in the council area; (c) the fact that an allowance under this section is not intended to amount to a salary for a member; (d) the fact that an allowance under this section should reflect the nature of a member's office; (e) the provisions of this Act providing for the reimbursement of expenses of members. (4) For the purposes of the proceedings before the Remuneration Tribunal but without derogating from the operation of subsection (3), the allowances to be determined under this section will be taken to be in the nature of a fee under the definition of remuneration in the Remuneration Act 1990. (5) Without limiting section 10 of the Remuneration Act 1990, the Remuneration Tribunal must allow persons who are entitled to be enrolled on the voters roll for the City of Adelaide, and the LGA, a reasonable opportunity to make submissions orally or in writing to the Tribunal in relation to any determination under this section. (6) Nothing in subsection (5) requires the Remuneration Tribunal, for the purposes of making all determinations required under this section in any 4 year period, to hold more than 1 hearing to receive any oral submissions that persons may care to make (and the Tribunal is not required to hold any hearing if it appears to the Tribunal that no one is seeking to make oral submissions). (7) The rates of allowances may vary from office to office. (8) An allowance determined under this section will be payable for the period— (a) commencing on the conclusion of the relevant periodic election; and (b) concluding at the time at which the last result of the next periodic election for the City of Adelaide held under the Local Government (Elections) Act 1999 is certified by the returning officer under that Act (including in respect of a member of the Council for whom the conclusion of the next periodic election is, for other purposes, the last business day before the second Saturday of November of the year of the periodic election as a result of the operation of section 4(2)(a) of the Local Government Act 1999). (9) An allowance determined under this section is to be adjusted on the first, second and third anniversaries of the relevant periodic election to reflect changes in the Consumer Price Index. (10) Sections 17 and 19 of the Remuneration Act 1990 do not apply in relation to a determination under this section. (11) Subject to subsection (8), a member of the Council who holds an office for part only of the period in respect of which an allowance is payable is entitled to the proportion of the allowance that the period for which the member held the office bears to the total period. (12) 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). (12a) Amounts must be withheld from the payment of allowances to a member of the Council, and paid to the Commissioner of Taxation in accordance with the Pay as you go system under the Taxation Administration Act 1953 of the Commonwealth, if— (a) that system contemplates amounts to be withheld from such payments; and (b) the member requests, in accordance with any requirements of the Council, that such withholding occur. (13) Despite any other Act or law, the reasonable costs of the Remuneration Tribunal in making a determination under this section are to be paid by the LGA under an arrangement established by the President of the Tribunal after consultation with the LGA. (13a) The LGA may recover the reasonable costs incurred by the Remuneration Tribunal in making a determination under this section as a debt from the Council. (14) Regulations made for the purposes of this section may make different provisions according to the offices to which they are expressed to apply. (15) In this section— Consumer Price Index means the Consumer Price Index (All groups index for Adelaide) published by the Australian Bureau of Statistics; designated day, in relation to a particular periodic election, means the day that is 14 days before the day on which nominations close for that election. 25—Reimbursement of expenses (1) A member of the Council is entitled to receive from the Council— (a) reimbursement of expenses of a kind prescribed for the purposes of this paragraph incurred in performing or discharging official functions and duties; and (b) reimbursement of expenses of a kind prescribed for the purposes of this paragraph, and approved by the Council (either specifically or under a policy established by the Council for the purposes of this section), incurred in performing or discharging official functions and duties; and (c) reimbursement of expenses (not exceeding the prescribed amount) incurred by the member in producing printed material in prescribed circumstances or of a prescribed kind (other than excluded material) necessary for engaging with the community in relation to local government matters. (2) A policy under subsection (1)(b) lapses at a general election of the Council. (3) In this section— excluded material means— (a) electoral material within the meaning of the Local Government (Elections) Act 1999; or (b) material produced or distributed between the close of nominations and the close of voting for a general election of the Council or a periodic election. 26—Provision of facilities and support (1) The Council may provide facilities and other forms of support to its members to assist the members in performing or discharging official functions and duties. (2) The provision of facilities and services under this section is at the discretion of the Council subject to complying with the following requirements: (a) the Council must specifically resolve that the provision of the facilities or services is necessary or expedient to the performance or discharge of official functions or duties; (b) facilities and services must be available to members on a uniform basis (other than facilities or services specifically provided for the benefit of the Lord Mayor); (c) any property provided to a member remains the Council's. (3) A member of the Council must not use a facility or service provided by the Council under this section for a purpose unrelated to the performance or discharge of official functions or duties (unless the use has been approved by the Council and the member has agreed to reimburse the Council for any additional costs or expenses associated with this use). Division 5—Specific provisions relating to the chief executive officer 27—Role of chief executive officer The functions of the chief executive officer of the Council include— (a) to ensure that the policies and lawful decisions of the Council are implemented in a timely and efficient manner; (b) to undertake responsibility for the day-to-day operations and affairs of the Council; (c) to provide advice and reports to the Council on the exercise and performance of its powers and functions under this or any other Act; (d) to co-ordinate proposals for consideration by the Council for developing objectives, policies and programs for the area; (e) to provide information to the Council to assist the Council to assess performance against its strategic, corporate and operational plans; (f) to ensure that timely and accurate information about Council policies and programs is regularly provided to the City of Adelaide community, and to ensure that appropriate and prompt responses are given to specific requests for information made to the Council; (g) to support and advance the role that the City of Adelaide plays as the capital city of South Australia; (h) to ensure that the assets and resources of the Council are properly managed and maintained; (i) to ensure that records required under this or another Act are properly kept and maintained; (j) to give effect to the principles of human resource management prescribed by the Local Government Act 1999 and to apply proper management practices; (ja) to ensure that effective policies, systems and procedures are established and maintained for the identification, assessment, monitoring, management and annual review of strategic, financial and operational risks; (jb) to report annually to the relevant audit and risk committee on the Council's internal audit processes; (k) to exercise, perform or discharge other powers, functions or duties conferred on the chief executive officer by or under this or other Acts, and to perform other functions lawfully directed by the Council. 28—Appointment of staff (1) The chief executive officer is responsible for appointing, managing, suspending and dismissing the other employees of the Council (on behalf of the Council). (2) The chief executive officer must ensure that an appointment under subsection (1) is consistent with strategic policies and budgets adopted or approved by the Council.