Rules Part 2 – Membership and membership participation
Division 1 – Councils As Members
4 Membership of the Association
Each member council of the Association is either a:
4.1 participating member council; or
4.2 non participating member council.
5 Participating Member Councils
5.1 A participating member council is a council which:
5.1.1 has not defaulted in its obligation to pay the most recent annual instalment of its biennial subscription; and
5.1.2 has not become a non-participating member council by reason of sub-Rules 5.3 and 5.4.
5.2 A participating member council is liable to pay:
5.2.1 the biennial subscription levied by the Association, in two equal (or as near to equal as is practicable) annual instalments; and
5.2.2 any other monies levied on it by the Association within the period stipulated for payment by the Association.
5.3 A participating member council can only cease to be a participating member council if:
5.3.1 it gives to the Chief Executive Officer written notice of its intention to cease to be a participating member council; and
5.3.2 at least six months elapse from the giving of the notice referred to in this sub-Rule.
5.4 If the period of six months referred to in sub-Rule 5.3 elapses on a date which is a date before the second annual instalment of its biennial subscription is due, the cessation of participating member council status will not take effect until that next annual instalment is paid.
5.5 A participating member council that has given notice in accordance with sub-Rule 5.3 must, until the cessation of its participating member council status takes effect, pay any annual instalment of its biennial subscription and other monies levied on it by the Association.
5.6 A council which is a participating member council is, through its delegate, entitled to participate in the activities of the Association in the way provided for in these Rules.
6 Non Participating Member Councils
6.1 A council which is a non participating member council remains as a non participating member council until it pays an annual instalment of the biennial subscription.
6.2 Except to the extent that the Chief Executive Officer has agreed that the Association will provide specified services to the council in return for a fee, 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.
6.3 Subject to Rule 14, a non participating member council is not eligible to participate in the activities of the Association or to exercise the powers of a delegate to:
6.3.1 vote on any item of business under consideration at a meeting of the Association;
6.3.2 nominate any person or be nominated for any office or position on a committee of the Association; or
6.3.3 hold the office of President or Director.
Division 2 – Appointment and Obligations of Delegates
7 Appointment of Delegates
7.1 A participating member council must appoint one of its councillors as a delegate and one of its councillors as a substitute delegate to the Association.
7.2 The participating member council must notify the Association of the appointments in the form specified in Schedule 1 as soon as practicable after it has made the appointment and in any event no later than seven (7) business days after the appointment has been made.
7.3 Appointments must be made by a resolution of the participating member council.
7.4 If a participating member council revokes the appointment of a councillor as a delegate or substitute delegate, or the councillor who has been appointed as a delegate or substitute delegate:
7.4.1 dies;
7.4.2 resigns, by written notice given to the participating member council and to the Chief Executive Officer; or
7.4.3 ceases to be a councillor,
the participating member council must, as soon as practicable, appoint another of its councillors to be its delegate or substitute delegate (as the case may be).
7.5 The participating member council for which the President is a delegate must appoint another Councillor to be its additional delegate to the State Council, principally for the purpose of enabling the additional delegate to cast a deliberative vote on behalf of the participating member council at meetings of the State Council. The additional delegate appointed has, subject to these Rules, all of the rights and privileges of a delegate except that they cannot:
7.5.1 nominate for the office of President or Director; or
7.5.2 vote in any election for the President or a Director.
7.6 The Association must maintain a Register of Delegates, listing those who are currently delegates and substitute delegates and the participating member councils that appointed them.
7.7 Any delegate or substitute delegate must, upon request, be given access to the Register of Delegates.
8 Obligations of Delegates
8.1 A delegate must use reasonable endeavours to attend all meetings of the Association which the delegate is eligible to attend.
8.2 A delegate must:
8.2.1 attend every meeting of the State Council if it is practicable for them to do so, and if they are unable to attend a meeting must encourage their participating member council’s substitute delegate to attend;
8.2.2 if present and not prohibited from doing so, vote on every matter under consideration by the State Council; and
8.2.3 regularly report to their participating member council on matters discussed and considered by the Association and on the decisions made, and have regard to any protocols published by the Board that relate to the performance of their functions as a delegate.
8.3 A delegate is prohibited from voting on any matter at a meeting of the State Council in respect of which the delegate has a conflict of interest.
8.4 For the purposes of sub-Rule 8.3 a delegate will have a conflict of interest in a matter if an impartial and fair-minded person would consider that the delegate’s private interests could result in the delegate acting in a manner contrary to their duty to the Association.
8.5 A delegate’s private interests will not, for the purposes of sub-Rule 8.4, include the personal opinions or beliefs of the delegate or any interest derived from their membership of a participating member council.
8.6 A delegate who has a conflict of interest in respect of a matter at a meeting of the State Council must, prior to the consideration of that matter, disclose to the meeting the:
8.6.1 existence; and
8.6.2 nature of the conflict of interest.
Division 3 – The Board and Election of the President and Directors
9 The Board
9.1 The Association will be governed by the Board.
9.2 The Board will be comprised of:
9.2.1 the President; and
9.2.2 ten (10) delegates elected to the office of Director:
9.2.2.1 five (5) of whom will be delegates from metropolitan councils, each being elected by delegates of one (1) of the five (5) regional groups of metropolitan councils to which their participating member council belongs; and
9.2.2.2 five (5) of whom will be delegates from non-metropolitan councils, each being elected by delegates of one (1) of the five (5) regional groups of non-metropolitan councils to which their participating member council belongs.
9.3 The President and each Director will, subject to these Rules:
9.3.1 be entitled to remain in office for two (2) years; but
9.3.2 go out of office at 6am on MAV Election Day; and
9.3.3 be eligible for re-election to their respective offices unless their re-election would mean that:
9.3.3.1 in the case of the President, the President will have served a period of eight (8) continuous years as President; or
9.3.3.2 in the case of a Director, they will have served a period of eight (8) continuous years as a Director.
9.4 Despite the provisions of sub-Rule 9.3, the Board may recommend to the State Council that there be a longer term of office for the President and the ten (10) Directors.
9.5 The State Council may, if it receives a recommendation from the Board, approve a longer term of office for the President and the ten (10) Directors if two thirds (2/3) of all delegates appointed under Rule 7 vote in favour of the proposed term of office.
10 Conduct of Elections
10.1 The Chief Executive Officer may from time to time appoint an individual or organisation to be the Association’s Election Manager.
10.2 The individual or organisation appointed must have the necessary expertise and experience to manage any election provided for in these Rules.
10.3 The Election Manager is responsible for the conduct of elections (including by-elections) for the offices of President and the ten (10) Directors.
11 Election of the President
11.1 The President of the Association will be elected by the delegates that comprise the State Council.
11.2 The Chief Executive Officer may, after advising the Board and considering a recommendation from the Election Manager, determine whether postal, attendance or electronic voting will apply to the election of the President and must notify the delegates of all participating member councils at least 50 calendar days before MAV Election Day of the voting method to apply.
11.3 An election for the office of President must be conducted in accordance with the provisions in Schedule 2.
11.4 Any person elected to be President must:
11.4.1 demonstrate to the Chief Executive Officer, or a person to whom the Chief Executive Officer has delegated the task, at such times and in such manner as is required in accordance with the Fit and Proper Person Policy, that they meet the Eligibility Criteria; and
11.4.2 notify the Chief Executive Officer as soon as practicable upon becoming aware that they no longer meet the Eligibility Criteria.
11.5 A person elected to be President does not take office and is not entitled to any allowances until the Chief Executive Officer, or other person to whom the Chief Executive Officer has delegated the task under the Fit and Proper Person Policy, confirms that the person elected meets the Eligibility Criteria.
12 Election of Directors
12.1 A Director will be elected by the delegates in the region within which their participating member council is located.
12.2 The Chief Executive Officer may, after advising the Board and considering a recommendation from the Election Manager, determine whether postal, attendance or electronic voting will apply to the election of the ten (10) regional Directors and must notify the delegates of all participating member councils at least 50 calendar days before MAV Election Day of the voting method to apply.
12.3 An election for the office of Director must be conducted in accordance with the provisions in Schedule 2.
12.4 Any person elected to be a Director must:
12.4.1 demonstrate to the Chief Executive Officer, or a person to whom the Chief Executive Officer has delegated the task, at such times and in such manner as is required in accordance with the Fit and Proper Person Policy, that the person meets the Eligibility Criteria; and
12.4.2 notify the Chief Executive Officer as soon as practicable upon becoming aware that they no longer meet the Eligibility Criteria.
12.5 A person elected to be a Director does not take office and is not entitled to any allowances until the Chief Executive Officer, or other person to whom the Chief Executive Officer has delegated the task under the Fit and Proper Person Policy, confirms that the person elected meets the Eligibility Criteria.
13 Voting Entitlements for Elections
13.1 For the purposes of electing the President, each delegate has one (1) vote.
13.2 For the purposes of electing a Director from each of the regional groupings of participating member councils, each delegate has one (1) vote for the Director of the region within which their participating member council is located.
14 Casual Vacancies
14.1 A casual vacancy is created on the Board where the President or a Director (as the case may be):
14.1.1 dies;
14.1.2 resigns in writing to the Chief Executive Officer;
14.1.3 ceases to be a councillor; or
14.1.4 is unable to demonstrate to the Chief Executive Officer or a person to whom the Chief Executive Officer has delegated the task in accordance with the Fit and Proper Person Policy, within one (1) month (or such longer period as the Chief Executive Officer acting reasonably allows) from the time they are required or requested to do so, that they meet the Eligibility Criteria.
14.2 A casual vacancy on the Board does not occur if:
14.2.1 the council for which the President is a delegate ceases to be a participating member council;
14.2.2 the council for which a Director is a delegate ceases to be a participating member council; or
14.2.3 the President’s or Director’s appointment as a delegate has been revoked by the participating member council which had appointed them.
15 Filling Casual Vacancies
15.1 Subject to sub-Rules 15.4 and 15.5, a by-election must be held to fill a casual vacancy on the Board. The provisions of Schedule 2 will apply to any by-election with all necessary adaptations.
15.2 The Chief Executive Officer may, after advising the Board and considering a recommendation from the Election Manager, determine whether postal, attendance or electronic voting will apply to any by-election and must, at least 50 calendar days before the by-election date, notify the delegates:
15.2.1 of all participating member councils, in the case of a by-election for the President; or
15.2.2 of the regional grouping of councils which has been left unrepresented by the casual vacancy, in the case of a Director of the voting method to apply.
15.3 Notwithstanding anything contained in sub-Rules 15.1 and 15.2 a by-election for the office of President may be conducted at a special meeting of the State Council.
15.4 If a casual vacancy occurs in the office of President after 31 August in the year which immediately precedes the year in which MAV Election Day falls, that Deputy President who represents the same regional grouping of councils as the President who has ceased to hold office will become President until MAV Election Day. If there is also a casual vacancy in the office of such Deputy President then the Deputy President who remains on the Board (or in their absence a Director elected by the Board) becomes the President until MAV Election Day.
15.5 If any other casual vacancy occurs on the Board after 31 August in the year which immediately precedes the year in which MAV Election Day falls, the Board may decide that the casual vacancy is not to be filled.
15.6 If, immediately following a Local Government General Election, there exist at any one time six (6) or more casual vacancies on the Board the Chief Executive Officer may, notwithstanding anything contained in these Rules, appoint such number of Board members as are necessary to ensure that the Board comprises 11 Board members.
15.7 A Board member appointed by the Chief Executive Officer must:
15.7.1 be a delegate; and
15.7.2 come from the same regional grouping of councils as the Board member who is being replaced.
15.8 The Chief Executive Officer must, before making any appointment under sub-Rule 15.6:
15.8.1 call for nominations from delegates of councils located in the regional grouping of councils that have been left unrepresented on the Board;
15.8.2 make enquiries for the purposes of ensuring that the nominees meet the Eligibility Criteria;
15.8.3 ensure that the delegate appointed has nominated or accepted a nomination for the vacant office; and
15.8.4 consult with all of those delegates of the participating member councils within the relevant regional grouping of councils who have not nominated for the vacant office.