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Part 2 — Membership and membership participation

DIVISION 1 — COUNCIL MEMBERSHIP

4. Membership of the Association

4.1. Subject to clause 5.1. a council is a financial member of the Association:

4.1.1. if it has paid the amount of the annual subscription and any other monies levied on it by the Association for membership within 2 months of a notice requiring payment being given or by 31 August in every year (whichever is earlier); or

4.1.2. for the period of any financial year subsequent to its payment of its annual subscription; and

4.1.3. remains a financial member until 31 August in the financial year after the year for which the payment of the annual subscription is made.

4.2. A council which is a financial member of the Association is entitled to participate in the activities of the Association in the way provided for in these Rules.

5. Non participating member councils

5.1. A council which fails to pay in full its annual subscription or other monies levied on it by the Association in accordance with clause 5.1.1. will become a non participating member council and will remain as a non participating member council until that annual subscription or the next year’s annual subscription is paid.

5.2. A non participating member council is not entitled to avail itself of the privileges and benefits of any of the functions or services performed or carried on by the Association.

5.3. A representative of a non participating member council is not eligible to participate in the activities of the Association or to exercise the powers of a representative to:

5.3.1. vote on any motion or matter under consideration at a meeting of the Association;

5.3.2. nominate any person or be nominated for any office or position on a committee of the Association; and

5.3.3. hold the position of President or be a member of the Board of the committee of the Association.

5.4. When the annual subscription or any other monies levied on a council remain unpaid for two months after a notice requiring payment has been sent, the Chief Executive Officer of the Association must notify the Chief Executive Officer of the council of the ineligibility of the council and its representative to participate in the matters identified in sub-clauses 5.2. and 5.3.

DIVISION 2 — APPOINTMENT AND OBLIGATIONS OF REPRESENTATIVES

6. Appointment of representatives

6.1 A council which is a financial member of the Association must appoint a representative and a substitute representative of the council to the Association and must notify the Association in the form specified in Schedule 1 as soon as possible after the Council has made the appointment and, where an Election Day has been appointed by the Chief Executive Officer, no less than four weeks prior to that date.
 
6.2  Appointments must be made by resolution of council.
 
6.3 The Council from which the President is elected must appoint an additional representative to vote on matters under consideration by the State Council.

7. Obligations of representatives and Board members

7.1. A person appointed as a representative of the Association must use his or her reasonable endeavours to attend all meetings of the Association which the person is eligible to attend.

7.2. A representative must:

7.2.1. attend every meeting of the State Council and if he or she is unable to attend a meeting, must encourage the council’s substitute representative to attend;

7.2.2. if present, vote on every matter under consideration by the State Council, in accordance with either the resolution of his or her council or the view of the majority of the Councillors where known, unless prohibited from doing so;

7.2.3. provide regular reports to his or her council on matters discussed and considered by the Association and on the decisions made; and have regard to any codes or guidelines published by the Board that relates to his or her functions as a representative.

7.3. A representative elected as a regional member of the Board must liaise with other representatives and councils within the region that he or she represents by meeting with them on a regular basis and by providing written reports and information on the Association’s activities and by any other means which is convenient and satisfies the needs of the regional grouping of councils.

DIVISION 3 — THE MANAGEMENT BOARD AND ELECTIONS

8. The Management Board

8.1. There will be a Municipal Association of Victoria Management Board that is comprised of the President and twelve (12) other members who are the representatives of the twelve regional groupings of councils

8.2. Subject to the provisions of Clause 8, the President and the twelve regional members of the Board go out of office at 6.00 am on the Election Day or 6am on the day of the Local Government General Election.

8.3. Despite the provisions of Clause 8.2. the Management Board may make recommendation to State Council for a longer term of office of the President and the twelve regional members of the Management Board.

8.4. Despite the provisions of Clause 15 of Schedule 3, for the purposes of this clause 8 the State Council may approve such longer term of office for the President and the twelve regional members of the Board where 60% of the representatives of participating member councils vote in favour of the proposed term of office.

9. The Interim Management Board

9.1. Subsequent to each Local Government General Election, an Interim Management Board comprising members of the immediate past Management Board who are declared elected following that General Election will be formed.

9.2. The Interim President of the Association will be the immediate past President if that person is declared elected following the Local Government General Election and, if that person is not declared elected following the Local Government General Election, the Interim Management Board must elect a member to be the Interim President.

9.3. The quorum for the Interim Management Board is a majority of the members.

9.4. The Interim Management Board may not make a Significant Decision except by unanimous vote by all members of the Interim Management Board.

9.5. The members of the Interim Management Board go out of office at 6am on the Election Day.

10. Conduct of elections

10.1. The Chief Executive Officer is the Returning Officer and is responsible for the conduct of elections for the office of President and the twelve (12) regional members on the Board.

10.2. The Chief Executive Officer may appoint another person or organisation to be the Returning Officer responsible for the conduct of elections.

10.3. The Election Day is the first Friday in March 2009 and thereafter on the first Friday in March in the second year after the last general election was held.

11. Election of the President

11.1. The President of the Association will be elected by the representatives that comprise the State Council.

11.2. The Chief Executive Officer may after advising the Board, determine whether postal, attendance or electronic voting will apply to the election of the President and must notify the representatives of all participating member councils at least 42 days before Election Day of the voting method to apply.

11.3. An election for the position of President must be conducted in accordance with the provisions in Schedule 2.

12. Election of regional Board members

12.1. A representative of a regional grouping of councils will be elected by the representatives in each region to be that region’s member on the Board.

12.2. The Chief Executive Officer may, after advising the Board, determine whether postal, attendance or electronic voting will apply to the election of the twelve regional members of the Board and must notify the representatives of all participating member councils at least 42 days before the Election Day of the voting method to apply.

12.3. An election for a regional member position on the Board must be conducted in accordance with the provisions in Schedule 2.

13. Voting entitlements for elections

13.1. For the purposes of electing the President, each representative of the State Council has one vote.

13.2. For the purposes of electing a representative of each of the regional groupings of councils to the Board each representative has one vote for the representative of the region within which his or her council is located.

14. By elections

14.1. Subject to 14.2 and 14.3 , an election must be held to fill a casual vacancy on the Management Board and must be conducted by postal ballot or at a special meeting of the State Council.

14.2. If a casual vacancy occurs in the position of President within nine months of the date at which the President goes out of office the Management Board must elect a member of the Board as an Acting President for the remainder of the term.

14.3. If any other casual vacancy occurs on the Management Board within two months of the date at which that member goes out of office the Board may decide that the casual vacancy is not to be filled.

14.4. If a casual vacancy occurs on the Interim Management Board it is not to be filled.

15. Vacancies and resignations

15.1. A casual vacancy is created either on the State Council or the Board where a representative:

15.1.1. dies;

15.1.2.resigns in writing to the Chief Executive Officer; or

15.1.3. ceases to be a councillor.

15.2. A casual vacancy on the Board also occurs if the council for which that Board member is a representative ceases to be a participating member of the Association.

16. Revocation of Appointment

16.1. The revocation of the appointment of a representative, who has been elected as the representative of a region by a Council, will not affect that Councillor remaining a Board member for the remainder of their term, subject to Rule 14.

17. Filling of casual vacancies — State Council and Regional Representatives

17.1. Where a vacancy occurs on the State Council for any of the reasons specified in clause 15.1 the council to which that vacancy relates may appoint a replacement representative.

17.2. Where a vacancy occurs on the Management Board for any of the reasons specified in clause 15, the representatives of the region may as soon as practicable, elect another representative from the region in which the vacancy has occurred to fill the vacancy until the next election of a new Management Board falls due.

DIVISION 4— MEETINGS AND FORUMS OF THE ASSOCIATION

18. The State Council

18.1. The appointed representatives of participating member councils meeting together in accordance with the Rules comprise the State Council.

18.2. The State Council will meet at least twice in each year and may meet at any other time appointed by the President.

18.3. A special meeting of the State Council may be called by the President or any ten representatives of participating member councils to deal with the matters specified in the notice calling the meeting.

18.4. The quorum necessary to transact business at a meeting of the State Council is the number of representatives capable of exercising 20 votes and no business may be transacted at a meeting of the State Council unless that number of representatives is present.

18.5. Meetings of the State Council may be adjourned or deferred at any time by the President or by a resolution to adjourn to a date to be fixed carried at the meeting.

19. Annual Meeting

19.1. The annual meeting of the State Council will be held in October of each year or at such other time as the Board may determine.

19.2. Preliminary notice in writing giving a general description of the business to be transacted and the date, time and place of the annual meeting will be given to members not less than 35 days before the date fixed for the meeting.

19.3. The purpose of the annual meeting is to:

19.3.1. consider an annual report from the President about the activities and financial affairs of the Association;

19.3.2. appoint an auditor whenever the appointment of auditor is about to expire; and

19.3.3. generally deal with the business of the Association.

20. Additional State Council meetings

20.1. In addition to the annual meeting of the State Council, the Association will hold a State Council meeting in November of each calendar year or at such other time as may be determined by the Board, for the purpose of:

20.1.1. identifying and determining the issues, objectives and strategic direction of the Association to enable it to fulfil its primary advocacy role;

20.1.2. communicating councils’ views about issues impacting on local government;

20.1.3. providing a forum in which effective communication between the Association and councils occurs; and

20.1.4. dealing with any other matter which the Association considers is critical to achieve effective and efficient local government.

20.2. Preliminary notice in writing giving a general description of the business to be transacted and the date, time and place of the meeting will be given to members not less than 35 days before the date fixed for the meeting.

20.3. Except for items of business to be dealt with at the annual meeting of the Association or for the conduct of elections to which a separate postal voting procedure applies, the Board may determine that members of the State Council may vote on any item of business by post, facsimile or email or any combination of those methods.

21. Submission of business by members

21.1. Members may submit matters, in accordance with a form determined by the Board, for consideration at meetings of the State Council which may be included in the business to be dealt with provided that-

21.1.1. notice of such matters has been given to the Chief Executive Officer not less than 28 days before the meeting; and

21.1.2. the Chief Executive Officer considers that the matters raised by the member is of state-wide significance to local government and ought to be considered at the meeting; and

21.1.3. where the Chief Executive Officer is of the view that a matter submitted ought not be dealt with at the meeting, he or she must submit the matter to the Board for final determination.

21.1.4. matters which relate to the same subject may be consolidated into a single matter, with such amendments as the Board in its discretion determines are warranted, prior to inclusion in the business papers and circulation to members.

22. Business papers

Business papers must be forwarded to members not less than 14 days before the date specified for any meeting of the State Council.

23. Committees

23.1. The Management Board may appoint committees of persons to undertake any function of the Board.

23.2. A committee may consist of:

23.2.1. representatives;

23.2.2. members of staff of the Association;

23.2.3. council staff; or

23.2.4. any other person that the Board considers necessary or convenient to facilitate the function to be performed.

24.Issues Forums

24.1. The Association may from time to time conduct issues forums for the purposes of:

24.1.1. developing a local government response to the State or Federal Government or any other organisation on specific issues which have not been addressed by the State Council;

24.1.2. providing a forum for councils to participate in the formulation of local government policy on issues of significance to local government;

24.1.3. providing a forum for councils to exchange information or to engage in problem solving on issues of significance or concern to local government;

24.1.4. providing a means by which information can be given about new and emerging issues or by which new and emerging issues can be developed and assessed; and

24.1.5. presenting information or decisions of the Board.

25. Holding of Issues Forums

25.1. Issues forums may be held by the Association at any time after the Association has given 7 days notice to members.

25.2. Issues forums must be chaired by a member of the Board.

26. Attendance at Issues Forums

26.1. Any person who is a councillor or a member of council staff may attend issues forums.

26.2. Each council attending an issues forum is entitled to one vote which may be cast by any person irrespective of whether that person is a representative or not.

26.3. A matter before an issues forum is passed by a majority of votes.

26.4. Except where an issue is considered urgent by the Chief Executive Officer any decision which results in a policy position of the Association must be submitted to the next meeting of the Board for endorsement.

DIVISION 5 — REGULATION OF PROCEEDINGS

27. Conduct of meetings

27.1.

27.1.1. The meetings of the State Council and the Board will be conducted in accordance with the procedures in Schedule 3.

27.1.2. Meetings of the State Council and the Management Board will be chaired by the President or, in his or her absence by a Deputy President or in the absence of the President and the Deputy Presidents, by a representative appointed by the State Council or the Management Board to chair the meeting.

27.1.3. Meetings of the Interim Management Board will be chaired by the Interim President or, in his or her absence, by a member elected by the Interim Management Board to chair the meeting

27.2.

27.2.1. At any meetings of the Association other than a State Council meeting, each representative present is entitled to one vote.

27.2.2. At any meeting of the State Council, voting entitlements will be those set out in clause 15 of Schedule 3.

27.3. At meetings of the State Council if the representative of a participating member council is not present the substitute representative of that council may vote in place of that representative.

27.4. At State Council the President may not exercise a deliberative vote.

27.5. A question arising at a meeting is determined by the majority of votes of the members present who are eligible to vote and in accordance with their respective eligibility to vote on that question and, if voting is equal, the chairperson or other person presiding, has a casting as well as a deliberative vote. If voting is equal at a meeting of State Council, the President, if present, has a casting vote only.

27.6. Business which is not included in the notice for a meeting of any State Council or the Board may not be dealt with unless 50% of the members eligible to attend and vote at the meeting are present and agree.

27.7. The Association must ensure that accurate records are kept of its meetings.