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Minutes of the ordinary Council meeting - 25 September 2012

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<strong>Council</strong>lor Patterson was declared elected as Deputy Mayor.<br />

Director Corporate Management Recommendation:<br />

That election <strong>of</strong> a Deputy Mayor be held.<br />

RECOMMENDATION IMPLICATIONS<br />

Environmental, Economic, Social: Nil<br />

Policy or Statutory: Section 231 <strong>of</strong> <strong>the</strong> Local Government Act provides for <strong>the</strong><br />

election <strong>of</strong> Deputy Mayor.<br />

REPORT DETAILS<br />

Section 231 <strong>of</strong> <strong>the</strong> Local Government Act provides that <strong>Council</strong>lors may elect from<br />

among <strong>the</strong>ir number a Deputy Mayor, and any such election may be for <strong>the</strong> Mayoral<br />

term or a shorter term. A <strong>Council</strong> does not have to elect a Deputy Mayor.<br />

The Deputy Mayor may exercise any function <strong>of</strong> <strong>the</strong> Mayor at <strong>the</strong> request <strong>of</strong> <strong>the</strong><br />

Mayor, <strong>of</strong> if <strong>the</strong> Mayor is prevented from exercising <strong>the</strong> function; or if <strong>the</strong>re is a<br />

casual vacancy in <strong>the</strong> <strong>of</strong>fice <strong>of</strong> Mayor.<br />

Section 249 provides that “a council may pay <strong>the</strong> Deputy Mayor (if <strong>the</strong>re is one) a<br />

fee determined by <strong>the</strong> council for such time as <strong>the</strong> Deputy Mayor acts in <strong>the</strong> <strong>of</strong>fice<br />

<strong>of</strong> <strong>the</strong> Mayor. The amount <strong>of</strong> <strong>the</strong> fee so paid must be deducted from <strong>the</strong> Mayor‟s<br />

annual fee”.<br />

The procedure for election <strong>of</strong> Deputy Mayor is as follows:<br />

Nominations<br />

The Local Government (General) Regulation 2005 provides that nominations for<br />

Deputy Mayor must be in writing, signed by two <strong>Council</strong>lors (one <strong>of</strong> whom may be<br />

<strong>the</strong> nominee), and <strong>the</strong> nominee must consent in writing to <strong>the</strong> nomination.<br />

Nominations are to be “delivered or sent to <strong>the</strong> returning <strong>of</strong>ficer”, that is <strong>the</strong><br />

General Manager, who shall announce <strong>the</strong> names <strong>of</strong> <strong>the</strong> nominees at <strong>the</strong> <strong>Council</strong><br />

<strong>meeting</strong> at which <strong>the</strong> election is to be held.<br />

A nomination form for Deputy Mayor has been provided to <strong>Council</strong>lors with this<br />

agenda.<br />

Method <strong>of</strong> election<br />

Where only one <strong>Council</strong>lor is nominated, that <strong>Council</strong>lor is declared elected.<br />

Where more than one <strong>Council</strong>lor is nominated, <strong>the</strong> <strong>Council</strong> is to resolve whe<strong>the</strong>r <strong>the</strong><br />

election is to proceed:<br />

by preferential ballot;<br />

by <strong>ordinary</strong> ballot; or<br />

by open voting.<br />

Preferential ballot and <strong>ordinary</strong> ballot are secret ballots, whereas open voting<br />

means by a show <strong>of</strong> hands or similar means.<br />

Kempsey Shire <strong>Council</strong> FULL TEXT <strong>Minutes</strong> Ordinary Meeting <strong>25</strong> <strong>September</strong> <strong>2012</strong> Page 74

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