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Extraordinary
Council Meeting Business Agenda
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16 August 2024
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9 Reports
to Council
9.1 Local
Government Election 14 September 2024 - Decision required on Referendum action
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Department:
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General Manager’s
Office
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Prepared By:
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Executive Assistant
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Authorised By:
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Acting General Manager
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Reference:
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UINT/24/13370
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Attachments:
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1. Deed
of Variation to Contract - Executed - Election 2024 ⇩ 
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LINKAGE TO INTEGRATED PLANNING AND REPORTING FRAMEWORK
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Goal:
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4. We
are an independent shire and well-governed community
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Strategy:
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4.1. Informed
and collaborative leadership in our community
4.2. A
strategic, accountable and representative Council
4.3. An
efficient and effective independent local government
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Summary
Council resolved to include a Constitutional Referendum in conjunction
with the Local Government election to be held on 14th September 2024,
during the February 2024 Ordinary Meeting.
At 5:58pm on 15 August 2024 the NSW Electoral Commission
declared the election for Uralla Shire Council as the three contests received
the required number of nominations only.
By close of business today, 16 August 2024, the NSW
Electoral Commission require confirmation of Uralla Shire Council’s
intention to proceed with the Constitutional Referendum as planned for 14th
September 2024 even though the Local Government election has already been
declared.
The timeframe to establish the Council’s position on
the Constitutional Referendum is deemed an emergency situation under section
367 (2) of the Local Government Act 1993, and Council has called for an
Extraordinary meeting to be held today, Friday 16 August 2024 at 3:00pm, to
resolve this matter.
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Recommendation
That Council :
1. Resolve
to proceed with the Constitutional Referendum planned for 14th
September 2024 as per resolution 07.02/24
OR
2. Resolve
to not proceed with the Constitutional Referendum planned to for 14th
September 2024
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Report
At the Ordinary Meeting held on February 2024 Council
resolved to include a Constitutional Referendum in conjunction with the next
ordinary Council election due in September 2024. The resolution details
are as follows:
12.1 Notice of Motion -Constitutional Referendum - Updated
Executive Advice
Resolution 01.02/24
That Council
resolves to hold a Constitutional Referendum in conjunction with the next
ordinary Council election, due in September 2024, to seek community opinion
[Local Government Act (1993) Chapter 4, Part 3] with the following
Constitutional Referendum Questions:
1. Are you in favour of the Mayor being elected by the
Councillors?
2. Are you in favour of removing the current ward system
so that all electors vote for all Councillors that represent the Uralla Shire
Council area?
At the close of nominations, 14 August 2024, three contests
received the required number of nominations only. Hence the NSW Electoral
Commission declared that all contests were uncontested and those who nominated
have been declared councillors, to take effect from 14 September 2024.
Therefore, a Council election on 14 September 2024 in the Uralla Shire is no
longer required.
The estimated cost to the Uralla Shire Council (USC) to hold
the Council election and to include a Constitutional Referendum was $78,602 as
of 6 May 2024 (refer page 9, Deed of Variation To Contract between Uralla Shire
Council and the Electoral Commissioner, attached).
The NSW Electoral Commission has advised USC that there is
an opportunity for financial savings if the Council decided not to proceed with
the Constitutional Referendum.
To date USC has incurred costs for the planning and
organisation of the Council election however the NSW Electoral Commission
cannot confirm the sum of the costs to date, at this time. The NSW Electoral
Commission has advised of potential cost savings if the Constitutional
Referendum was not to proceed, specifically Event Staffing ($38,387) noting
that USC will still be charged a contribution for the Returning Officer, a
shared cost with Armidale Regional Council. Reference was also made to
venue hire ($13,269) however often venues are paid in advance and the NSW
Electoral Commission could not confirm the circumstances for USC at this
time. Other minor savings will be made from reduced printing, postage,
and ancillary costs.
For USC to maximise any financial savings, the NSW Electoral
Commission has requested that USC confirm its position on the Constitutional
Referendum before close of business today, Friday 16 August 2024.
Conclusion
The early declaration of the new Council for the 2024-26
term has resulted in an unforeseen situation for the current Council to
reconsider to the Constitutional Referendum 14th September 2024
based on financial costs now that the Council election is not required. It
is acknowledged that the Resolution 01.02/24 was not considered lightly and
that the issue of costs was not a major consideration at that time due to
compulsory council election. The short timeframe provided by the NSW
Electoral Commission for Council’s response has been deemed an emergency
situation (section 367 (2) of the Local Government Act 1993) and
facilitated an Extraordinary Meeting for Council in less than 3 business days.
Council Implications
Community Engagement/Communication
Upon resolution a communication strategy will be agreed to
ensure information is shared in the public domain by 4:00pm this afternoon.
Policy and Regulation
Local Government Act 1993 and Local Government (General)
Regulations 2021
Financial/Long Term Financial Plan
The actual financial savings in the event that the
Constitutional Referendum is not held are still to be advised.
Asset Management/Asset Management Strategy
N/A
Workforce/Workforce Management Strategy
N/A
Legal and Risk Management
Legal advice has been sought form The Office of Local
Government.
Performance Measures
N/A
Project Management
N/A
