Please note: Recommendations of Council committees are subject to endorsement by Council at the following ordinary meeting

Terms of Reference

NAME

Pursuant to Section 41(1) of the Local Government Act 1999, the District Council of Loxton Waikerie resolved on 31 May 2000 to establish a Committee to be known as:-

LOXTON CHRISTMAS LIGHTS COMMITTEE

PURPOSE OF THE COMMITTEE

The beautification of Loxton at Christmas time

MEMBERSHIP

The members of the Committee shall be appointed by Resolution of Council & may consist of or include persons who are not members of the Council.

In accordance with the resolution of Council dated 31 May 2000, Appendix 1 sets out the membership of the committee.

The Mayor will at all times be an 'ex-officio' member of the Committee but will not be taken to be included in the membership of the Committee unless actually present at a meeting of the Committee.

Members shall hold office from the date of their appointment, for a term until the first meeting of Council following the next general Council election, and shall be eligible for re-appointment .

The Presiding member of the Committee shall be appointed by Council.

If a Committee member is absent  for three or more consecutive meetings without apology, then the Council may appoint another person, to replace that committee member.

QUORUM

A quorum shall consist of half the appointed members plus one, but shall not include the Mayor unless actually present.

MEMBERS LIABILITY

No civil Liability shall attach to a member of a committee for an honest act or omission in the exercise performance or discharge or purported exercise, performance or discharge of the members or committees functions or duties. A liability that would but for the foregoing attach to a member of a committee, attaches instead to the Council.

CONFLICT OF INTEREST

The provisions of sections 73, 74 and 75 of the Local Government Act 1999 will apply to all members of the committee, in relation to meetings and any business or proposed business of the committee.

REGISTER OF INTEREST

The provision of Section 74 of the Local Government Act 1999 will not apply to members of Committees.

PROCEEDINGS OF THE COMMITTEE

The committee shall be subject to the provisions of the Local Government (Procedures at Meetings) Regulations 2000, Part 3.

The Committee shall meet at least quarterly, andwhenever requested by any of the following:-

• The Council

• The Chairman of the Committee

• Any two members jointly

The Order of Business of each meeting shall be:-

1.   Present

2.   Apologies

3.   On leave

4.   Confirmation of Minutes of Previous Meeting

5.   Business Arising

6.   Correspondence

7.   Reports

8.   General Business

9.   Next Meeting

10. Closure

REPORTING & ACCOUNTABILITY

Executive support will be provided by an appointed Officer of the Council who will also be a member of the Committee & will act as the Executive Officer/secretary.

A copy of the agenda and the minutes of every meeting, together with year to date financial statement shall be provided to the Executive Assistant (per the email address: council@loxtonwaikerie.sa.gov.au) for inclusion on councils website, on public display and in the Agenda of the next council meeting. Where a particular matter requires the specific resolution or attention of the council the minutes will be accompanied by a report from the Executive Officer.

The Committee is accountable to the District Council of Loxton Waikerie in all things.

ANNUAL BUSINESS PLAN AND BUDGET

The Committee is responsible to develop an annual Business Plan & Workplan including budget requirements & submit these to Council in February each year.

The budget must also set out a schedule of all fees & charges for which the committee is responsible.

DISPUTES

Should a dispute arise over any matter, the decision of the Council will be final.

INSURANCE

Council shall be responsible for the insurance of its own properties, contents and liability, insofar as it has an insurable interest. Where an asset is occupied or used by a third party, that body shall be responsible for the insurance of its own goods & chattels and any liability which it may incur as the result of the use or occupancy of Councils premises.

VOLUNTEERS

The Committee shall if using the services of any volunteers,

Maintain a register of volunteers

Provide each volunteer with a volunteers information manual.

Ensure safe work practices are undertaken and adhered to.

HIRING OF FACILITIES

The committee must ensure that an inspection of Council premises is conducted before and after any hire arrangement, to ensure they are maintained in a clean & sound condition.

ASSETS

All assets and property which the committee cares for, controls or manages shall be and remain the property of the Council including any improvements, fixture and fittings located in or on the facility at any time irrespective of whether the Committee or the Council purchased or installed them.

AMENDMENTS TO TERMS OF REFERENCE

Council may at any time amend or alter these terms of reference by resolution of the Council.

POWERS & DUTIES

The Committee has no delegated  regulatory function on behalf of Council.

The Committee may recommend fees and charges and expend monies on behalf of Council within the approved committee budget & annual Business Plan submitted to & approved by Council. No power is given to act outside of the approved budget without the approval of Council.

The Committee has no power to engage or dismiss staff, other than routine Council contractors for the purposes of carrying out the work of the committee.

The committee shall be responsible to the Loxton District Council for the beautification of Loxton at Christmas time, subject to the following conditions:

1.         The decorating shall be conducted in a business-like manner and the cost of maintenance must be within the revenue from all sources.

2.         The committee shall at all times keep the facilities in good order and repair and be responsible for the provision, maintenance and storage of equipment specific to their needs.

3.         The committee shall be empowered to engage personnel at rates or pay and conditions prescribed by the appropriate awards or industrial agreement for the proper conduct and maintenance of the facilities.

4.         Capital expenditure of any type must not be incurred without prior approval of the District Council of Loxton Waikerie.

5.         The committee shall be empowered to co-opt any member of the community to help with any project.

6.         The committee shall report monthly to the Loxton District Council through its representation.