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Mayor's Role After Ordinary Election - Division of Local Government

Mayor's Role After Ordinary Election - Division of Local Government

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Circular No.DateDoc ID.08-4611 August 2008A153972ContactMehtap Stanfield02 4428 4217mehtap.stanfield@dlg.nsw.gov.auMAYOR'S ROLE AFTER ORDINARY ELECTIONThis Circular is to inform councils about the role <strong>of</strong> a mayor after an ordinaryelection is held.Under section 233(2)(b) <strong>of</strong> the <strong>Local</strong> <strong>Government</strong> Act 1993 all councillors –other than the mayor – cease to hold <strong>of</strong>fice on the day <strong>of</strong> the ordinary election.The position is different for a mayor. Section 230(3)(b) provides that the mayorholds the mayoral position until a successor is declared to be elected to the<strong>of</strong>fice.This applies to both a popularly elected mayor and a mayor elected by thecouncillors. It also applies whether or not a mayor elected by the councillors isre-elected as a councillor at the ordinary election.A popularly elected mayor takes <strong>of</strong>fice from the declaration <strong>of</strong> the mayoralelection.The position for a mayor elected by councillors is different. Section 290(1)(a) <strong>of</strong>the Act requires the election <strong>of</strong> such a mayor to be conducted at a meeting heldwithin 3 weeks after an ordinary election.A mayor elected by councillors would be entitled to preside at this meeting,even if not re-elected as a councillor, until the successor is declared elected atthe meeting.However, such a mayor could decline to preside at the meeting at which themayoral election is to take place. If this happens, clause 236 <strong>of</strong> the <strong>Local</strong><strong>Government</strong> (General) Regulation 2005 will apply.Clause 236 <strong>of</strong> the Regulation provides that in the absence <strong>of</strong> a chairperson at acouncil meeting, the first item <strong>of</strong> business must be the election <strong>of</strong> a chairperson.The election is to be conducted by the general manager or in his or herabsence, a council employee designated by the general manager, or in theevent that all <strong>of</strong> these people are absent, by the person who called the meeting.It is good practice if, once the chairperson is elected, the next item <strong>of</strong> businessis the mayoral election. The procedure for conducting the mayoral election is setout in clause 394 and Schedule 7 to the Regulation.Department <strong>of</strong> <strong>Local</strong> <strong>Government</strong>5 O’Keefe Avenue NOWRA NSW 2541Locked Bag 3015 NOWRA NSW 2541T 02 4428 4100 F 02 4428 4199 TTY 02 4428 4209E dlg@dlg.nsw.gov.au W www.dlg.nsw.gov.au ABN 99 567 863 195


2A mayor elected by the councillors would continue to exercise his or hermayoral functions as set out in section 226 <strong>of</strong> the Act after election day until asuccessor is declared to be elected – even if the mayor is not re-elected as acouncillor.However, it would be expected that such functions would be exercised in only a‘caretaker’ capacity. Councils might consider limiting the operation <strong>of</strong> anydelegations that can be exercised by the mayor during this ‘caretaker’ period.Garry Payne AMDirector General

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