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Resolution number OR/2016/8
MOVED
by Chairperson DEC Simpson, seconded by Member CRJ Davis:
That the Ōrākei
Local Board provides the following comments on the draft “Local
Government Election Year Policy for Elected Members”:
a)
The paper should be re-named
‘Guidelines’ rather than ‘Policy’ to keep it in line with the Auditor
General’s Good Practice Guidelines.
b)
Paragraphs 9 and 10 - The complaints
section should be relocated to follow the ‘Neutrality of Public Servants’
section as this is a procedure to be followed in the event of a complaint and
is not a ‘policy’.
c)
Paragraphs 13 and 14 - The words
"an equal opportunity to be elected" used in the summary and at
paragraphs 13 and 14, purport to refer to a principle in section 4 the Local
Electoral Act 2001 (see notes relating to paras 3 and 13 in the paper) and
appear to be a basis of this "Policy" that "sitting members
should not have an electoral advantage" (para 3). The context in which
these words are used in section 4 (1)(b) is: "all qualified persons have
a reasonable and equal opportunity - (i) to cast an informed vote: (ii)
nominate 1 or more candidates: (iii) accept nomination as a
candidate:". There is nothing about sitting members having an
electoral advantage. This section 4 sets out principles that the Act is
designed to implement; (a) of which, is "fair and effective
representation for individuals and communities:". It is stretching the
point that the section implies "sitting members should not have an
electoral advantage".
d)
Paragraph 14 - Requires more
definition/clarification of ‘council resource’.
e)
Paragraph 15 - Requires
clarification/examples.
f)
Paragraph 16 - Support.
g)
Paragraph 17 - Support in principle but
request clarification on the definition of major policy and significant
decisions.
h)
Paragraph 18 - Require clarification on
what this paragraph means, in particular, the use of the word ‘limited’.
i)
Paragraph 19 - Support.
j)
Paragraph 20 - The definition of
council resources requires further clarification and the Board recommends the
deletion of the second sentence.
k)
Paragraph 21 – The definition of
resources requires more clarity. The Board supports the use of personal
resources for elections.
l)
Paragraph 22 - All current Ōrākei
Local Board members have personal mobile/telephones and computers/laptops.
m) Paragraph 23 - Support.
n)
Paragraphs 24, 25 and 26 - Support.
o)
Paragraphs 27, 28 and 29 – Support,
noting that all current Ōrākei Local Board members have personal
email addresses. Also paragraph 28 incorrectly spells the word ‘stationery’.
p)
Paragraph 30 – The Board requests
further clarity of the definition of a communication resource.
q)
Paragraph 31 – The Board believes that
fair comment or fact based rebuttal should be allowed in council funded
communications.
r)
Paragraph 32 – The Board believes that
a polite statement that the local board view differed from the decision of
the Council Controlled Organisation (CCO) or Governing Body level is
acceptable.
s)
Paragraph 35 - The Board requests
clarification around whether invitations to events and speaking engagements
is viable.
t)
Paragraph 36 – Support.
u)
Paragraph 37 – Photographs of
individual elected members and content authored by individual elected members
in council publications and advertising should be suspended during the
election period but photos and content of the full board team should be
allowed.
v)
Paragraphs 38 and 39 - Support.
w) Paragraphs 40, 41 and 42 – The Board seeks clarification that
Elected Members rights will not be curtailed by staff in the administration
of this policy e.g. Does this mean that legitimate requests made in
accordance with legislation will not be responded to, which means that
elected members will have fewer democratic rights than "ordinary"
non-elected citizens (but may include aspiring candidates)? Is this
compatible with New Zealand Bill of Rights Act 1990?
x)
Paragraphs 44, 45 and 46 - The
definitions in these paragraphs should be relocated to prior to the summary.
y)
Paragraph 46 - This policy should not
take effect until one week after local board nominations close and/or the
time at which the electoral officer confirms nominations noting that the
reference to section 104 of the Local Electoral Act 2001 only relates to
apportionment of electoral expenses.
z)
FAQ’s – There could probably be more
which would clarify some of the questions above.
CARRIED
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