Aug 7 / Emma Broomfield

Successfully navigating the election transition

Change is in the air

Local government elections in NSW are fast upon us – now less than 50 days to go. Elections are a critical point in local democracy, determining the representatives who will shape communities for the next four years. The extent of change at an election varies from council to council and the turnover of councillors can be anywhere from one to five or more. Regardless of the extent of change, the election is an important transition point for every local community. 

So how do councils and councillors manage this change? In the lead up to the elections, councils enter caretaker mode and there are special rules in place to ensure that council's resources and publications are not used to unfairly support candidates. Following the election, the change is managed by a well planned and executed onboarding experience for the newly elected council and by recognising that its an opportunity to reset and refocus collective efforts on the community. We explore these two critical phases below.

Before the election

The period before the election is important phase in ensuring fair and impartial elections.  The Office of Local Government has issued the Pre-election Guidelines for Councils which contain an excellent summary of the obligations that apply during this phase. This includes rules around the caretaker period, use of council resources and publication of council materials.

Caretaker mode

Before the elections, local councils enter a phase known as the caretaker period. In NSW, this period is four weeks before the election. It will start on 16 August 2024 and end on election day.  During the caretaker period, the existing elected council continues to govern but is subject to the rules of being in caretaker mode. Generally, the following functions cannot be exercised:

1. Entering into contracts of significant financial value
2. Determining a “controversial development application”
3. Appointing or re-appointing a person to the position of General Manager

There are a few exceptions to these rules set out in clause 393B of the Local Government (General) Regulations 2021. These restrictions prevent outgoing councils from making major decisions that will bind the new council or limit its actions. It also ensures that council resources are not used to benefit any political candidates or parties including existing councillors.

Use of Council resources

In the lead up to the elections, council resources must not used to support (or be perceived to support) anyone's election campaign. The use of council resources, such as staff time and council facilities, for campaign activities is strictly prohibited. Resources include phones, social media sites and email addresses, intellectual property, staff and council facilities.

The Model Code of Conduct has a couple of relevant provisions:

> Clause 8.17: This provides that council resources (including council staff), property or facilities must not be used to assist anyone’s election campaign unless the resources, property or facilities are otherwise available for use or hire by the public and any publicly advertised fee is paid for use of the resources, property, or facility.

> Clause 8.18: This provides that council letterhead, council crests, council email or social media or other information that could give the appearance it is official council material must not be used to assist anyone’s election campaign.

These obligations apply to existing councillors, candidates and council staff. Council staff also need to ensure that any participation in political activities outside the service of the council does not interfere with the performance of their official duties (clause 7.5(b)).

Council publications

So that the election is fair, and voters are not misled, there are restrictions on what councils can publish 40 days before the election. All communications, including newsletters, websites, and social media, should be carefully monitored to ensure they do not promote any candidates or political parties, or do not inadvertently meet the definition of “electoral material”. 

After the election

The period following the election is as critical as the one before it. Smoothly transitioning to a new council requires careful planning and support for incoming representatives including thinking about how the old will mix with the new. There are a number of key elements of this transition:

Humanising the experience

During the campaign period, it is possible that things have got personal between candidates (new or old) or that things have been said about council staff or something has caused offence somewhere along the line. Once the make-up of the new council is known and the elections are officially declared, there is an opportunity to reset the relationships and move forward together with the community as the focus. As such, a key first step is for the new elected council to meet other councillors, as well as senior council staff, and get to know each other at a human level. Make this intentional.

Making a promise to the community

Another key step after the election is the taking of the oath or affirmation of civic office by the newly elected councillors. In essence, this is a promise to the community that councillors will act in its best interest and do their job honestly and lawfully. A fanfare should be made of the occasion – photos and celebrations are in order.

Implementing the induction program

Implementing a comprehensive induction program for newly elected councils helps councillors (new and returning) understand their roles, responsibilities, and the operational aspects of the council. At a minimum, these programs should cover governance obligations, financial management and strategic planning within a local government context. Ideally, the program should include team building components and foster positive, collaborative relationships between councillors and with staff. The Office of Local Government Induction and Professional Guidelines set out the requirements in detail. 

Transferring knowledge

Facilitating knowledge transfer from outgoing to incoming representatives is tricky in local government. If a long-standing councillor does not stand again or are other incumbent councillors are unsuccessful in their campaign, there can be a substantial loss in corporate knowledge. So how do councils ensure continuity and prevent the loss of this institutional knowledge? This is not so easy to do and council staff play a vital role in providing continuity and stability after the election. This includes providing the new council with advice about past council decisions and direction which bind the incoming council.

Bringing staff along for the ride

Anticipating and navigating the change from the existing council to the new one can be an anxiety inducing time for local government staff. How much change is on the horizon? And what will they need to do to get the new council up-to-speed on the key projects and directions desired by the community? Whilst the majority of council staff have no direct dealings with councillors (for good reason - being the separation of the political and administrative sides of government), they will all feel and notice the change in the air. Taking council staff on the journey is another key part of a successful transition.

Change is the only constant in life, and it is an inevitable part of local democracy. Successfully navigating the change around the election is critical to maintaining a well-functioning council that is focused on serving the community. 

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