Candidate Information Pack 2021 - bayswater.wa.gov.au - City of Bayswater
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Contents 1. Introduction to the City of Bayswater 5 About the City 7 What is required of you as a Councillor 8 Public Notice 2021 Committee and Council meeting dates 12 2. Seats to be Contested 13 City of Bayswater Councillors 15 Seats to be contested on Ordinary Council 15 3. Ward Map 17 4. Election Information Sheet 25 Local Government Election 2021 27 5. Election Timetable 25 Election timetable 28 6. Budget Bulletin 2020/21 29 How your rates build our community 31 7. Codes of Conduct for Elected Members 33 City of Bayswater Candidate Information Pack 2021 3
About the City The City of Bayswater, ‘The Garden City’, is located approximately six kilometres north-east of Perth’s CBD. The City covers an area of approximately 34.6km2 and includes the suburbs of Bayswater, Bedford, Embleton and Maylands, as well as parts of Morley, Dianella, Mount Lawley, Beechboro and Noranda. Eleven Elected Members (Councillors) serve on the City of Bayswater Council and represent four wards: North, West, Central and South. Councillors are elected for a four-year term. The positions of Mayor and Deputy Mayor are elected by the Council from among themselves. These positions are elected at the post-election Swearing In Ceremony for a two-year term. The City employs approximately 302 full-time equivalent staff to deliver the 200 plus services, programs and projects that it provides to meet the needs of approximately 66,050 residents. The City’s budget for 2021/22 is $121 million, which includes $34 million of capital works projects. Facts and figures Location: Six kilometres from the CBD Total area: 34.6km2 Population: 66,050 Families: 17,470 Residential premises: 25,479 Commercial premises: 1,657 Parks and reserves: 188 Swan River foreshore: 10.2 kilometres Roads: 360 kilometres Footpaths: 290 kilometres City of Bayswater Candidate Information Pack 2021 7
What is required of you as a Councillor The Western Australia Electoral Commissioner encourages diversity in Council representation. Effective Councils are made up of Councillors that reflect the mix of people in the community with different needs and interests from a diverse range of backgrounds. Councillors are required to work as a team and represent the interests of the whole district. Councillors play a vital leadership role in creating and implementing the community’s vision, strategic direction and values, as detailed in the City’s Strategic Community Plan 2021-2031. Councillors must adhere to particular standards of good conduct in accordance with the City’s Code of Conduct for Council Members, Committee Members and Candidates. Councillors are required to govern in the best interests of the district and are accountable in a number of areas when acting in the role of legislators (Local Laws) , policy makers, strategists and financial overseers of the district. The key requirement is to ensure that as a decision maker you are impartial and adjudicate on the matter in an objective, transparent manner without any bias or subjective interests. Councillors must obey the law. Each Councillor will receive a range of requests and complaints from the community, and each Councillor will need to find ways to deal with the issues. The City’s administration is able to assist councillors manage these challenges in accordance with Council policy and procedures. What is required of you? Agenda reading and Attendance at Meetings • Ordinary Council Meetings – held monthly • Agenda Briefing Sessions - held monthly • Special Council Meetings – as required • Minor Committees • External Committees • Annual General Meeting • Workshops / Briefings - held twice a month • Civic Functions – eg Citizenship ceremonies • Award ceremonies • ANZAC Day ceremonies • Community Events 8 City of Bayswater Candidate Information Pack 2021
Community Liaison • Specific days/times/location • Available to electors as and when required Responsibilities • Work as a team • Accountable for decisions • Conduct - impartial decision making • Confidentiality of information Disclosures • Electoral Gifts • Gifts • Primary and Annual Returns – including disclosures of financial interests • Declaring interests at meetings – including financial, impartial and proximity • Membership and roles within community groups and political interests • Related Party Disclosure Recording Keeping • State Records Office requirements • Correspondence to/from electors to be recorded Governance Provisions – important documents to be aware of • Standing Orders Local Law 2018 – meeting procedures and conduct • Plans for the future – Strategic Community Plan, Corporate Business Plan, Long Term Financial Plan, Workforce Plan, Asset Management Plans • Annual Budget • Delegated Authority Register • Governance Framework • Annual Report If you have a passion for your community and an ability to learn new skills, show leadership and work with others, then becoming a Councillor could be for you. You may want to attend a Council meeting prior to nominating for Council for an insight into meeting procedures and the issues discussed and decided at meetings. City of Bayswater Candidate Information Pack 2021 9
Councillor Declaration Each Elected Member is required to sign the declaration at the swearing in ceremony, as required under section 2.29 of the Local Government Act 1995 and regulation 13(1)(e) of the Local Government (Constitution) Regulations 1998, before they can undertake their role as a Councillor. The declaration is: “I, .................................................................................................................................................................................................................................................................................. of...................................................................................................................................................................................................................................................................... having been elected to the office of mayor/deputy mayor/president/deputy president/councillor of the.............................................................................................................................................................................................................................................................................. declare that I take the office upon myself and will duly, faithfully, honestly, and with integrity, fulfil the duties of the office for the people in the district according to the best of my judgment and ability, and will observe the City of Bayswater Code of Conduct for Council Members, Committee Members and Candidates. Other useful resources to consider as a prospective Councillor: City of Bayswater website bayswater.wa.gov.au • Temporary Sign Permit Application - rules for election signage. A person shall not place an advertising sign on a verge or in a public place without a valid permit. Conditions and exemptions apply so please refer to the Local Law for further information. • If you would like to apply for a temporary advertising signage permit please complete and return https://www.bayswater.wa.gov.au/getattachment/Community/Rangers-and-Security/Fire- Prevention-(1)/Temporary-Signage-Application-form.pdf?lang=en-AU • Applications can be made in person or by emailing mail@bayswater.wa.gov.au with the subject field Stallholder Permit Application. Western Australian Electoral Commissioner website elections.wa.gov.au/elections/local • Service Charter for Postal Elections • Nominations Form (Form LG08) • Disclosure of Gifts (Form LG9A) • A Guide for Candidates - Postal Elections Department of Local Government and Communities website dlg.wa.gov.au/content/LG/elections/default.aspx • FAQ About Your Local Government Elections • Information for Candidates Mandatory induction prior to nomination https://www.dlgsc.wa.gov.au/local-government/local-governments/council-elections/induction- for-prospective-candidates You must complete an online induction course before you submit your nomination. The course provides information on the role and responsibilities of being a council member, and the rules related to election campaigns. When you register your completion of the course, you will receive a confirmation email with a reference number and date of completion. You must include the reference number and completion date on your nomination form. The department strongly recommends that you show a digital or print copy of the confirmation email to the returning officer when you submit your nomination. 10 City of Bayswater Candidate Information Pack 2021
Western Australian Local Government Association website walga.asn.au Council Member Essentials Training is prescribed as mandatory training, as per section 5.126(1) of the Local Government Act 1995. Elected Members must complete this training within their first 12 months of office. The Council Member Essentials training consists of the following modules: • Understanding Local Government • Serving on Council • Meeting Procedures • Conflicts of Interest • Understanding Financial Reports and Budgets. There is no requirement for Elected Members to undertake this training if they hold a Diploma of Local Government. 2021 Council Meeting and Agenda Briefing Forum Dates Ordinary Council Meetings and Agenda Briefing Forums commence at 6.30pm and are held at the City of Bayswater Civic Centre, 61 Broun Avenue, Morley unless otherwise advertised. Members of the public are welcome to attend. Council Meeting Agenda Briefing Forum January 27 January 2021 19 January 2021 February 23 February 2021 16 February 2021 March 23 March 2021 16 March 2021 April 27 April 2021 20 April 2021 May 25 May 2021 18 May 2021 June 29 June 2021 15 June 2021 July 27 July 2021 20 July 2021 August 24 August 2021 17 August 2021 September N/A N/A October 26 October 2021 19 October 2021 November 23 November 2021 16 November 2021 December 07 December 2021 30 November 2021 City of Bayswater Candidate Information Pack 2021 11
INFORMATION SHEET State Records Office of Western Australia Local Government Elected Members’ Records: Which records to capture? The State Records Commission policy regarding the records of local government elected members requires the creation and retention of records of the: “…communications and transactions of elected members which constitute evidence affecting the accountability of the Council and the discharge of its business.” This policy applies regardless of a record’s format or where it was received. Elected members must create and keep records of communications or transactions, which convey information relating to local government business or functions. These records should be forwarded to the local government administration for capture into the official recordkeeping system. Which records should be captured? YES – forward to your local NO – do not need to be forwarded government administration to your local government Communications from ratepayers, Duplicate copies – of Council such as: meeting agenda, minutes & papers. • complaints & compliments; Draft documents or working • correspondence concerning papers – which are already captured corporate matters; at the local government. • submissions, petitions & lobbying; Publications – such as newsletters, • information for Council’s interest circulars and journals. relating to local government business Invitations – to community events activity & functions. where an elected member is not Telephone, meetings & other representing Council or the local verbal conversations – between an government. elected member and another party, Telephone, meetings & other regarding local government projects verbal conversations which: or business activities. • convey routine information only; Work diaries – containing or information that may be significant to • do not relate to local government the conduct of the elected member on business or functions. behalf of the local government. Electioneering – or party political Presentations and speeches – information. delivered as part of an elected Personal records – not related to member’s official duties. an elected member’s official duties. Destruction of records: return all records to the local government for authorized and legal destruction. More information: contact your local government administration or State Records Office of Western Australia Tel: 9427 3360 or Email: sro@sro.wa.gov.au March 2010 12 City of Bayswater Candidate Information Pack 2021
2. Seats to be contested City of Bayswater Candidate Information Pack 2021 13
14 City of Bayswater Candidate Information Pack 2021
City of Bayswater Councillors Ward Councillors Elected Term Expires South Cr Catherine Ehrhardt (re-elected 2019) 2015 2023 South Cr Elli Petersen-Pik 2017 2021 Central Cr Steven Ostaszewskyj 2019 2023 Central Cr Barry McKenna 2017 2021 Central Cr Sally Palmer (re-elected 2019) 2015 2023 North Cr Stephanie Gray 2017 2021 North Cr Filomena Piffaretti (Deputy Mayor) 2017 2021 North Cr Michelle Sutherland 2018 2023 West Cr Dan Bull (Mayor) (re-elected 2019) 2019 2023 West Cr Lorna Clarke 2017 2021 West Cr Giorgia Johnson 2017 2021 Seats to be contested on Ordinary Council Ward Number Term of Current sitting Councillor of vacancies successful Candidate SOUTH One 4 Years Cr Elli Petersen-Pik CENTRAL One 4 Years Cr Barry McKenna NORTH Two 4 Years Cr Stephanie Gray and Cr Filomena Piffaretti - Deputy Mayor WEST Two 4 Years Cr Lorna Clarke and Cr Giorgia Johnson City of Bayswater Candidate Information Pack 2021 15
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3. Ward Map City of Bayswater Candidate Information Pack 2021 17
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City of Bayswater, Perth WA - Electoral Wards 2021 City of Swan der Reid Road Drive Alexan Tonkin H BEECHBORO Widgee Blackboy Wandoo Bunya Street NORANDA ig Wy Road Beechboro Rd Nth Road hway Noranda Avenue Lindsay Drive NORTH WARD Bottlebrush W el Drive lin gt o Ivanhoe n Street R Hannans St oa d Morley Drive DIANELLA Abbey ST ith t Street Wicks Sm tree MORLEY CENTRAL WARD S Ru s se Avenue Walter Road Li ree ll East gh t St St t Rugby re Street et City of Stirling EMBLETON Broadway So oad oro un Co R hb Bro o de ec h Street Grey ad ut Be St re Ro et Collier Town of Bassendean ry er bu Road alt th ad W Sth o R R o y St uffy le BEDFORD ng d oro Rd et D re Dr La Roa C BASSENDEAN Sa a ke St lun lis re e Beechb bu St et ry et re St re et re St Pe Stre et r k ar et Yo so N WEST WARD n St elso re n et e et re lin St que BAYSWATER c Ja M St on Ke oo re gt ni je et rin eet lw bi r or ng r Ca St th St re Ce ven et A nt ue ra l ay ilw ve Ra ser RIVER MT Re MAYLANDS LAWLEY SOUTH WARD SWAN Mitchell City of Vincent Street 10km Ocean Indian Perth City of Perth Fremantle Legend City of Bayswater North Ward West Ward Area 9km² Noranda Area 11km² Part Bayswater Electoral Ward Layout Part Morley Bedford Meters Part Dianella Part Embleton 0 375 750 1,500 2,250 3,000 µ Part Beechboro Part Morley Part Dianella Compiled by: Asset & Mapping Services Central Ward Area 9km² Part Bassendean City of Bayswater Part Morley South Ward Map Scale: 1:49:000 (at ISO A4 sheet size) Part Embleton Area 5km² Source data - Part Bayswater Maylands Data WA 2019 Part Dianella Part Mt Lawley Part Beechboro City of Bayswater 2021 City of Bayswater Candidate Information Pack 2021 19
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4. About the 2021 Local Government Election City of Bayswater Candidate Information Pack 2021 21
22 City of Bayswater Candidate Information Pack 2021
Local Government Election 2021 2021 Election Day: Saturday 16 October 2021 Enrolling to Vote If you are a resident and already registered correctly on the State or Commonwealth Electoral Roll, you are automatically enrolled to vote in local government elections. Owners or occupiers of City property who are not residents are also eligible to vote. Postal Voting At the Ordinary Meeting of Council on 27 January 2021, Council resolved to conduct the 2021 Local Government Election as a postal election. In accordance with the provisions of the Local Government Act 1995, where a local government resolves to have its election conducted as a postal election, the Western Australian Electoral Commissioner must be responsible for the conduct of that election. Therefore, the WAEC has been contracted by the City to conduct the 2021 Local Government Elections. The WAEC appoints a Returning Officer who oversees the election which includes taking candidate nominations and supervising the count on election night. Election packages are posted to all electors on the roll about three weeks before Election Day. The packages can be returned by mail or hand delivered and placed in a sealed ballot box at the Civic Centre (61 Broun Avenue, Morley) until 6.00pm on Election Day, Saturday 16 October 2021. The count commences at 6.00pm the same day and the results should be available later that evening. Who can nominate to be a candidate for election to Council? Any person who is an Australian citizen, 18 years or over and on the electoral roll (unless a nominee of a body corporate or otherwise disqualified), may nominate for Council. Prospective nominees are encouraged to contact the City of Bayswater if they are unsure of their eligibility. Candidate nominations open on 2 September 2021 and close at 4.00pm on 9 September 2021. City of Bayswater Candidate Information Pack 2021 23
Ballot Draw Following the close of nominations on 9 September 2021, the ballot draw will take place at the Civic Centre. The ballot draw is carried out in accordance with the Local Government Act 1995, and decides the order by which the candidates appear on the ballot paper. Attendance at the ballot draw is not compulsory however candidates are welcome to attend. Further Information Further information on Local Government Elections may be obtained from the ‘Department of Local Government Sport and Cultural Industries’ website or from the WA Electoral Commission’s website. The following links take you to the Department of Local Government Elections Overview and the information page of the WA Electoral Commission. Department of Local Government Sport and Cultural Industries dlgsc.wa.gov.au/localgovernment/forcommunity/pages/council-elections.aspx Western Australian Electoral Commission waec.wa.gov.au/elections/local_government 24 City of Bayswater Candidate Information Pack 2021
5. Election Timetable City of Bayswater Candidate Information Pack 2021 25
26 City of Bayswater Candidate Information Pack 2021
Election timetable The timetable for running local government elections is broadly prescribed by the Local Government Act 1995 the Local Government (Elections) Regulations 1997. The process is summarised in the Postal Election Timeline (overpage). Important dates for the 2021 election are: Close of Roll 5pm Friday 27 August 2021 Close of Nominations 4pm Thursday 09 September 2021 Commencement of Lodgement of metropolitan local government election packages Wednesday 22 September 2021 Election Day Saturday 16 October 2021 City of Bayswater Candidate Information Pack 2021 27
POSTAL ELECTION TIMETABLE 2021 Local Government Ordinary Election References Days to Polling Day Local Government Act to Act/Regs Day Date Last day for declaration to have the Electoral Commissioner 80 LGA 4.20 (2)(3)(4) Wed 28/07/2021 conduct a postal election. A decision made to conduct the election as a postal election 80 LGA 4.61(5) Wed 28/07/2021 cannot be rescinded after the 80th day. Electoral Commissioner to appoint a person to be the 70 LGA 4.20 (4) Sat 7/08/2021 Returning Officer of the Local Government for the election. Between the 70th/56th day the CEO is to give Statewide public 70 LGA 4.39(2) Sat 7/08/2021 notice of the time and date of close of enrolments. to Preferred date Wednesday 11 August 2021 to to 56 Sat 21/08/2021 Last day for the CEO to advise the Electoral Commissioner of 56 LGA 4.40(1) 21/08/2021 the need to prepare a residents roll. Advertising may begin for nominations from 56 days and no 56 later than 45 days before election day. LGA 4.47(1) Sat 21/08/2021 Preferred date Wednesday 25 August 2021 Roll Close 50 Close roll 5.00 pm LGA 4.39(1) Fri 27/08/2021 45 Last day for advertisement to be placed calling for nominations. LGA 4.47(1) Wed 1/09/2021 Nominations Open Nominations Open First day for candidates to lodge completed nomination paper, 44 LGA 4.49(a) Thu 2/09/2021 in the prescribed form, with the Returning Officer. Nominations period is open for 8 days. If a candidate's nomination is withdrawn not later than 4.00 pm 38 on the 38th day before election day, the candidate's deposit is Reg. 27(5) Wed 8/09/2021 to be refunded. Nominations Close Close of Nominations 37 LGA 4.49(a) Thu 9/09/2021 4.00 pm on the 37th day before election day. Last day for the CEO to prepare & certify an owners & LGA 4.41(1) 36 occupiers roll for the election. Last day for the Electoral Fri 10/09/2021 LGA 4.40(2) Commissioner to prepare & certify a residents roll. Commencement of lodgement of Country Local Government 29 District election packages with Australia Post. Delivery Fri 17/09/2021 dependent on normal Australia Post standards. Commencement of lodgement of Metropolitan Local 24 Government District election packages with Australia Post. Wed 22/09/2021 Delivery dependent on normal Australia Post standards. The preparation of any consolidated roll under subregulation 22 Reg. 18(2) Fri 24/09/2021 (1) be completed on or before 22nd day before election day. 19 Public Holiday Mon 27/09/2021 Last day for the Returning Officer to give Statewide public 19 notice of the election. LGA 4.64(1) Mon 27/09/2021 Preferred date Wednesday 15 September 2021 18 Commence processing returned election packages Tue 28/09/2021 Election Day Election Day 0 LGA 4.7 Sat 16/10/2021 Close of poll 6.00 pm Post Election References Day Post Declaration to Act/Regs Date 5 Election result advertisement. LGA 4.77 Thu 21/10/2021 Report to Minister. The report relating to an election under 14 section 4.79 is to be provided to the Minister within 14 days Reg.81 Sat 30/10/2021 after the declaration of the result of the election. An invalidity complaint is to be made to a Court of Disputed 28 Returns, constituted by a magistrate, but can only be made LGA 4.81(1) Sat 13/11/2021 within 28 days after notice is given of the result of the election. 28 City of Bayswater Candidate Information Pack 2021
6. Budget Bulletin 2021-22 City of Bayswater Candidate Information Pack 2021 29
30 City of Bayswater Candidate Information Pack 2021
Community facilities The City will borrow $4 million to deliver three redeveloped facilities for the community to enjoy by Christmas. Maylands Waterland $1.5 million Morley Sport and Recreation $1.2 million Bayswater Waves $1.7 million The redeveloped Maylands Waterland will be free to use and The spectacular new Morley Sport and Recreation Centre Bayswater Waves is more than just a popular aquatic open to the public in time for the summer school holidays. is planned to reopen in October 2021. This impressive civic centre - it is a community hub that offers a range of building will enable East Perth Basketball Club to host programs for all ages and abilities. The much loved facility will retain its original character, while State Basketball League games, at their home, in the heart incorporating a range of new elements based on community This year’s budget will fund a raft of improvements to of Morley. feedback. The design of the facility was inspired by the Bayswater Waves including the refurbishment of the Swan River, local native species and fauna. This theme will be The redevelopment includes the construction 25m lap pool, pool hall and plant room. The outdoor incorporated within the facility through custom made play of two additional basketball courts within a change rooms will be updated and a raised platform built in elements, artworks and sculptures. The balance of Whadjuk new sports hall, additional toilets and change rooms, the Learn to Swim area to allow for a third lane and the Noongar and European heritage linked to the site is also new spectator seating, a first aid room, storage and subsequent expansion of the program. Sustainability reflected in many of the design features. There will be access new sports lighting on the adjacent rugby pitch. upgrades include the installation of solar panels. for all abilities, plenty of shade and links to the river foreshore. The $1.2 million put towards the completion of the The City was successful in securing an additional $500,000 The redevelopment of Maylands Waterland is a collaboration Morley Sport and Recreation Centre this year includes in Federal Government funding towards accessibility between the City and renowned landscape architect, Dr Josh $425,000 in municipal funds. It will cement Morley’s improvements. These include the reconfiguration of the Byrne, and will include a splash pad, water creek, wading/ position as a strategic metropolitan centre. waterslide and creation of pathways to allow for wheelchair splash pool, play areas, accessible toilets and changing and pram access, the upgrade of the adult change rooms, pathways, shade sails and structures, grassed areas, rooms, remodelling of the entry gate and accessibility community picnic areas including barbecues, provision for ramps outside the building. These works are planned for mobile catering, fencing and self-closing gates. completion by December 2021. capital works funding Parks & open spaces $5.2 million Community & sporting facilities $3.9 million The City will continue to maintain its 185 parks, ovals and The City will continue to maintain and upgrade its buildings open spaces and two golf courses. This year’s budget will and facilities for community use. include the relocation of the Wotton Reserve Skate Park $50,000 has been allocated to the resurfacing of and BMX facility to make way for the future Morley Train Station car park. This $2.5 million project is funded by the The City the public tennis courts at Houghton Park, Bayswater. This project is funded by the Federal Government. State Government. The City will continue to restore its 10 kilometre stretch of riverbank with $200,000 worth of works has allocated The community basketball facility at Farnham Reserve in Noranda will be replaced at a cost of $20,000. focused this year at Tranby Reserve and Hinds Reserve. $120,000 will fund stage 2 of the concept plan for Arbor $20.5 million The City has secured $30,000 for additional exercise Park in Morley. New pathways will improve access to the area and the planting of native species will improve biodiversity. in new funding equipment at Robert Thompson Reserve in Noranda. This is funded by the State Government. This project is funded by the Federal Government. The to this year’s This budget includes $72,000 towards new exercise redevelopment of Gibbney Reserve East in Maylands will include the replacement of the existing play equipment in budget for equipment and lighting in Claughton Reserve in Bayswater. The City has allocated $32,000 towards the replacement consultation with the community, irrigation upgrades, new park furniture, accessible pathways and native tree planting. capital works of the synthetic cricket match wickets at Beaufort Park in Bedford, De Lacy Reserve in Maylands, Gibbney Reserve $388,000 will go towards funding this project with $252,000 in Maylands and Hillcrest Reserve in Bayswater. provided by the Federal Government. $25,000 will fund a Climate change will be addresses at a local level, with new shade sale at Grand Promenade Reserve in Bedford. $250,000 dedicated to reducing its impact. This includes To facilitate the maintenance of these improved parks and $100,000 towards the implementation of our Emission open spaces, this year’s budget will fund the replacement of Reduction and Renewable Energy Plan and a further mowers, utes and a tractor. $150,000 to install solar panels at City and community facilities. The Morley Community Centre will receive $92,000 for toilet, bathroom and security upgrades Town centres & neighbourhood shopping precincts $312,000 Roads, footpaths & drainage $5.4 million Software & hardware improvements $1.3 million The City will continue to support local businesses and work to The City will continue to upgrade and maintain its $564,000 has been allocated to Enterprise Resource Planning, attract visitors to the City’s town and neighbourhood centres which will make improvements to our business framework existing network of roads, footpaths, drains and by improving their appeal. This year the City will allocate and corporate systems and enable the City to better plan roundabouts. The City manages 365km of local roads. another $160,000 to implement the concept plan for Bert resourcing and embrace technological advancements. Wright Park in Bayswater which will include a community This year’s budget will fund the design and construction of garden, a privately run café, shade structure, accessible a new short-term carpark on Hamilton Street in Bayswater. Major projects $4.4 million pathways and tree planting. The City will spend a further Located in the heart of the town centre, the carpark will $15,000 on the revitalisation of laneways in Maylands. enable shoppers to continue to support businesses along $4 million in loan funding will go towards the redevelopment $20,000 will be spent on activating the public spaces in the Whatley Crescent during the construction of the Bayswater of Maylands Waterland, Morley Sport and Recreation Centre, town centres of Morley and Bayswater. $25,000 will be spent Train Station by METRONET. This $231,000 project is and Bayswater Waves this year. An additional $425,000 in the Noranda town centre to improve pedestrian connectivity funded by the State Government with the City being in municipal funding has been allocated towards the and activate public spaces. responsible for ongoing maintenance and leasing costs. completion of the Morley Sport and Recreation Centre. City of Bayswater Candidate Information Pack 2021 31
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7. Code of Conduct for Elected Members City of Bayswater Candidate Information Pack 2021 33
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Code of Conduct Division 1 — Preliminary provisions 1. Citation This is the City of Bayswater Code of Conduct for Council Members, Committee Members and Candidates. 2. Terms used (1) In this code — Act means the Local Government Act 1995; candidate means a candidate for election as a council member; complaint means a complaint made under clause 11(1); publish includes to publish on a social media platform. (2) Other terms used in this code that are also used in the Act have the same meaning as they have in the Act, unless the contrary intention appears. Division 2 — General principles 3. Overview of Division This Division sets out general principles to guide the behaviour of council members, committee members and candidates. 4. Personal integrity (1) A council member, committee member or candidate should — (a) act with reasonable care and diligence; and (b) act with honesty and integrity; and (c) act lawfully; and (d) identify and appropriately manage any conflict of interest; and (e) avoid damage to the reputation of the local government. (2) A council member or committee member should — (a) act in accordance with the trust placed in council members and committee members; and (b) participate in decision-making in an honest, fair, impartial and timely manner; and (c) actively seek out and engage in training and development opportunities to improve the performance of their role; and (d) attend and participate in briefings, workshops and training sessions provided or arranged by the local government in relation to the performance of their role. City of Bayswater Candidate Information Pack 2021 35
5. Relationship with others (1) A council member, committee member or candidate should — (a) treat others with respect, courtesy and fairness; and (b) respect and value diversity in the community. (2) A council member or committee member should maintain and contribute to a harmonious, safe and productive work environment. 6. Accountability A council member or committee member should — (a) base decisions on relevant and factually correct information; and (b) make decisions on merit, in the public interest and in accordance with statutory obligations and principles of good governance and procedural fairness; and (c) read all agenda papers given to them in relation to council or committee meetings; and (d) be open and accountable to, and represent, the community in the district. Division 3 — Behaviour 7. Overview of Division This Division sets out — (a) requirements relating to the behaviour of council members, committee members and candidates; and (b) the mechanism for dealing with alleged breaches of those requirements. 8. Personal integrity (1) A council member, committee member or candidate — (a) must ensure that their use of social media and other forms of communication complies with this code; and (b) must only publish material that is factually correct. (2) A council member or committee member — (a) must not be impaired by alcohol or drugs in the performance of their official duties; and (b) must comply with all policies, procedures and resolutions of the local government. 9. Relationship with others A council member, committee member or candidate — (a) must not bully or harass another person in any way; and (b) must deal with the media in a positive and appropriate manner and in accordance with any relevant policy of the local government; and (c) must not use offensive or derogatory language when referring to another person; and 36 City of Bayswater Candidate Information Pack 2021
(d) must not disparage the character of another council member, committee member or candidate or a local government employee in connection with the performance of their official duties; and (e) must not impute dishonest or unethical motives to another council member, committee member or candidate or a local government employee in connection with the performance of their official duties. 10. Council or committee meetings When attending a council or committee meeting, a council member, committee member or candidate — (a) must not act in an abusive or threatening manner towards another person; and (b) must not make a statement that the member or candidate knows, or could reasonably be expected to know, is false or misleading; and (c) must not repeatedly disrupt the meeting; and (d) must comply with any requirements of a local law of the local government relating to the procedures and conduct of council or committee meetings; and (e) must comply with any direction given by the person presiding at the meeting; and (f) must immediately cease to engage in any conduct that has been ruled out of order by the person presiding at the meeting. 11. Complaint about alleged breach (1) A person may make a complaint, in accordance with subclause (2), alleging a breach of a requirement set out in this Division. (2) A complaint must be made — (a) in writing in the form approved by the local government; and (b) to a person authorised under subclause (3); and (c) within 1 month after the occurrence of the alleged breach. (3) The local government must, in writing, authorise 1 or more persons to receive complaints and withdrawals of complaints. 12. Dealing with complaint (1) After considering a complaint, the local government must, unless it dismisses the complaint under clause 13 or the complaint is withdrawn under clause 14(1), make a finding as to whether the alleged breach the subject of the complaint has occurred. (2) Before making a finding in relation to the complaint, the local government must give the person to whom the complaint relates a reasonable opportunity to be heard. (3) A finding that the alleged breach has occurred must be based on evidence from which it may be concluded that it is more likely that the breach occurred than that it did not occur. (4) If the local government makes a finding that the alleged breach has occurred, the local government may — (a) take no further action; or City of Bayswater Candidate Information Pack 2021 37
(b) prepare and implement a plan to address the behaviour of the person to whom the complaint relates. (5) When preparing a plan under subclause (4)(b), the local government must consult with the person to whom the complaint relates. (6) A plan under subclause (4)(b) may include a requirement for the person to whom the complaint relates to do 1 or more of the following — (a) engage in mediation; (b) undertake counselling; (c) undertake training; (d) take other action the local government considers appropriate. (7) If the local government makes a finding in relation to the complaint, the local government must give the complainant, and the person to whom the complaint relates, written notice of — (a) its finding and the reasons for its finding; and (b) if its finding is that the alleged breach has occurred — its decision under subclause (4). 13. Dismissal of complaint (1) The local government must dismiss a complaint if it is satisfied that — (a) the behaviour to which the complaint relates occurred at a council or committee meeting; and (b) either — (i) the behaviour was dealt with by the person presiding at the meeting; or (ii) the person responsible for the behaviour has taken remedial action in accordance with a local law of the local government that deals with meeting procedures. (2) If the local government dismisses a complaint, the local government must give the complainant, and the person to whom the complaint relates, written notice of its decision and the reasons for its decision. 14. Withdrawal of complaint (1) A complainant may withdraw their complaint at any time before the local government makes a finding in relation to the complaint. (2) The withdrawal of a complaint must be — (a) in writing; and (b) given to a person authorised under clause 11(3). 15. Other provisions about complaints (1) A complaint about an alleged breach by a candidate cannot be dealt with by the local government unless the candidate has been elected as a council member. (2) The procedure for dealing with complaints may be determined by the local government to the extent that it is not provided for in this Division. 38 City of Bayswater Candidate Information Pack 2021
Division 4 — Rules of conduct Notes for this Division: 1. Under section 5.105(1) of the Act a council member commits a minor breach if the council member contravenes a rule of conduct. This extends to the contravention of a rule of conduct that occurred when the council member was a candidate. 2. A minor breach is dealt with by a standards panel under section 5.110 of the Act. 16. Overview of Division (1) This Division sets out rules of conduct for council members and candidates. (2) A reference in this Division to a council member includes a council member when acting as a committee member. 17. Misuse of local government resources (1) In this clause — electoral purpose means the purpose of persuading electors to vote in a particular way at an election, referendum or other poll held under the Act, the Electoral Act 1907 or the Commonwealth Electoral Act 1918; resources of a local government includes — (a) local government property; and (b) services provided, or paid for, by a local government. (2) A council member must not, directly or indirectly, use the resources of a local government for an electoral purpose or other purpose unless authorised under the Act, or by the local government or the CEO, to use the resources for that purpose. 18. Securing personal advantage or disadvantaging others (1) A council member must not make improper use of their office — (a) to gain, directly or indirectly, an advantage for the council member or any other person; or (b) to cause detriment to the local government or any other person. (2) Subclause (1) does not apply to conduct that contravenes section 5.93 of the Act or The Criminal Code section 83. 19. Prohibition against involvement in administration (1) A council member must not undertake a task that contributes to the administration of the local government unless authorised by the local government or the CEO to undertake that task. (2) Subclause (1) does not apply to anything that a council member does as part of the deliberations at a council or committee meeting. City of Bayswater Candidate Information Pack 2021 39
20. Relationship with local government employees (1) In this clause — local government employee means a person — (a) employed by a local government under section 5.36(1) of the Act; or (b) engaged by a local government under a contract for services. (2) A council member or candidate must not — (a) direct or attempt to direct a local government employee to do or not to do anything in their capacity as a local government employee; or (b) attempt to influence, by means of a threat or the promise of a reward, the conduct of a local government employee in their capacity as a local government employee; or (c) act in an abusive or threatening manner towards a local government employee. (3) Subclause (2)(a) does not apply to anything that a council member does as part of the deliberations at a council or committee meeting. (4) If a council member or candidate, in their capacity as a council member or candidate, is attending a council or committee meeting or other organised event (for example, a briefing or workshop), the council member or candidate must not orally, in writing or by any other means — (a) make a statement that a local government employee is incompetent or dishonest; or (b) use an offensive or objectionable expression when referring to a local government employee. (5) Subclause (4)(a) does not apply to conduct that is unlawful under The Criminal Code Chapter XXXV. 21. Disclosure of information (1) In this clause — closed meeting means a council or committee meeting, or a part of a council or committee meeting, that is closed to members of the public under section 5.23(2) of the Act; confidential document means a document marked by the CEO, or by a person authorised by the CEO, to clearly show that the information in the document is not to be disclosed; document includes a part of a document; non-confidential document means a document that is not a confidential document. (2) A council member must not disclose information that the council member — (a) derived from a confidential document; or (b) acquired at a closed meeting other than information derived from a non-confidential document. (3) Subclause (2) does not prevent a council member from disclosing information — (a) at a closed meeting; or (b) to the extent specified by the council and subject to such other conditions as the council determines; or (c) that is already in the public domain; or 40 City of Bayswater Candidate Information Pack 2021
(d) to an officer of the Department; or (e) to the Minister; or (f) to a legal practitioner for the purpose of obtaining legal advice; or (g) if the disclosure is required or permitted by law. 22. Disclosure of interests (1) In this clause — interest — (a) means an interest that could, or could reasonably be perceived to, adversely affect the impartiality of the person having the interest; and (b) includes an interest arising from kinship, friendship or membership of an association. (2) A council member who has an interest in any matter to be discussed at a council or committee meeting attended by the council member must disclose the nature of the interest — (a) in a written notice given to the CEO before the meeting; or (b) at the meeting immediately before the matter is discussed. (3) Subclause (2) does not apply to an interest referred to in section 5.60 of the Act. (4) Subclause (2) does not apply if a council member fails to disclose an interest because the council member did not know — (a) that they had an interest in the matter; or (b) that the matter in which they had an interest would be discussed at the meeting and the council member disclosed the interest as soon as possible after the discussion began. (5) If, under subclause (2)(a), a council member discloses an interest in a written notice given to the CEO before a meeting, then — (a) before the meeting the CEO must cause the notice to be given to the person who is to preside at the meeting; and (b) at the meeting the person presiding must bring the notice and its contents to the attention of the persons present immediately before any matter to which the disclosure relates is discussed. (6) Subclause (7) applies in relation to an interest if — (a) under subclause (2)(b) or (4)(b) the interest is disclosed at a meeting; or (b) under subclause (5)(b) notice of the interest is brought to the attention of the persons present at a meeting. (7) The nature of the interest must be recorded in the minutes of the meeting. 23. Compliance with plan requirement If a plan under clause 12(4)(b) in relation to a council member includes a requirement referred to in clause 12(6), the council member must comply with the requirement. City of Bayswater Candidate Information Pack 2021 41
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City of Bayswater Candidate Information Pack 2021 43
61 Broun Avenue, Morley WA 6062 | PO Box 467, Morley WA 6943 P: 9272 0622 | F: 9272 0665 | TTY: 9371 8493 mail@bayswater.wa.gov.au | www.bayswater.wa.gov.au facebook.com/bayswatercity instagram.com/cityofbayswater 44 City of Bayswater Candidate Information Pack 2021 COB0710
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