Creating an Operating Committee

Members

When Council has agreed to establish a new Community Operating Committee to manage activities on public land, or at community and recreation facilities, they may appoint members as individuals or as representatives of an existing incorporated group.  In each case, eligible nominees are put forward to Council for approval as delegates to form the Community Operating Committee.

Council delegations are on an annual basis through nomination and election at the Annual General Meeting.  All nominations for Council delegation must be elected by the majority of members, and satisfy the eligibility criteria as outlined in the section titled Criteria for Appointment as a Council Delegate.

Please note that nominees require Council approval in writing before they commence their duties in order to to ensure they have the protection of Council insurance.

Appointment to a Community Operating Committee and election of office bearers

Composition of a Committee

Council may appoint a committee that consists of not less than four (4) members and not more than eight (8) members.

Instrument of Appointment and Delegation

A committee is appointed by the Council via a written Instrument of Appointment and Delegation.

The appointment is:

  • subject to the conditions outlined by Council
  • for a period of one year.

Appointment of committee members

Council has the discretion to appoint community members to its operating committees under s355 of the Local Government Act (1993).

Where Council appoints a committee, the committee is appointed for a one (1) year term.

Council, at its discretion, may fill a vacancy or appoint a committee member for the term of the committee.

Members of a committee are eligible to apply for reappointment annually.

Committee membership

A committee will comprise those people appointed to it by Council.

Council aims to appoint committees that are representative of the local community or user / interest groups from the City of Lake Macquarie for the function and tasks which the committee manages.

Membership is:

  • open to eligible citizens from the local community provided that they reside in the Lake Mac Council area.
  • to include representatives from user groups that are based at the facility.

In certain circumstances Council may appoint members who reside outside the LGA who can demonstrate:

  • involvement in local community groups and / or activities
  • knowledge and awareness of local community issues
  • ability to represent the local community and other stakeholders.

All persons nominating for membership to a committee must meet the criteria outlined in the Criteria for Appointment as a Council Delegate.

Where there is a dispute on committee membership or representation a final determination will be made by Council.

The Council may dissolve a committee at any time and reserves the right to remove a member from a committee.

Appointment process

1. Before the AGM

In June of each year, Council advertises the committee’s Annual General Meeting (AGM) in relevant public forums, such as Council website and on social media, inviting nominations for appointment to the Committee. The advertisement includes details of the date, time, place and purpose of the election.

In consultation with Council officers, the Committee Executive is to appoint an independent returning officer to conduct to the election in accordance with these procedures. The returning officer might be a prominent community member or a Council representative. No person may be both a candidate in the election and a returning officer.

Council reserves the right to appoint a returning officer. In such instances, Council will notify the committee prior to the AGM.

2. At the AGM

Appointment or reappointment occurs at the AGM, with the process determined by the type of operating Committee:

Appointment to Community Hall Operating Committees

The process for appointing members to a Community Hall Operating Committee is for the local community to ‘elect’ their preferred candidates. These nominations are then submitted for consideration by the Council.

Nomination process

  • Regular user groups are encouraged to attend and stand for the committee
  • By the commencement of the AGM, each user group is asked to endorse their proposed representative(s) for the incoming committee.
  • All other candidates must attend the AGM and indicate their intention to stand for the Committee.
  • Nominations are made verbally from the floor at the meeting to the Returning Officer.
  • Where the number of nominations received are equal to or less than available positions on a Committee, the person/s nominated is taken to be elected and recommended to Council for appointment.
  • Where the number of nominations exceeds the number of individuals required for appointment, a show of hands or a ballot must be held to determine the community representative/s who will be recommended to Council for appointment.
  • Only those nominating for appointment (candidates) vote to choose who will be recommended to the Council for appointment to the incoming committee.
  • Each candidate is entitled to one vote. Proxy and postal votes are not permitted.
  • Voting method may be by show of hand or secret ballot, as determined by the meeting.
  • The Returning Officer counts the votes for each candidate. The names of successful candidates must be announced at the meeting at which the election is held and recorded in the minutes. There is no need for the number of votes received by each nominee to be announced.
  • The committee must advise Council of each member endorsed for appointment so that they can be formally approved by Council.

Appointment to Sporting and Recreation Operating Committees

Sporting and recreation operating committees are primarily comprised of representatives of user groups from the City of Lake Macquarie that use or are based at the facility.

Nomination process for user representatives or user group organisations:

  • By the commencement of the AGM, each user group is asked to endorse their proposed representative(s) for the incoming committee.
  • The endorsed user group representative/s and interested citizens/community representatives attend the AGM and indicate their intention to stand for the Committee.
  • Nominations are made verbally from the floor at the meeting to the Returning Officer.
  • Committee membership should reflect the user groups that are based at the facility and interested community citizens. Every effort should be made to achieve equal representation.
  • Where the number of nominations exceeds the number of individuals required for appointment, the Returning Officer will confirm the maximum allowed is 8 and ask candidates to reconsider their number of members eg. one member per user group instead of two.
  • Committee composition must be determined before endorsing those persons that will make up the committee.
  • The committee must advise Council of each member endorsed for appointment so that they can be formally approved by Council.

Election of Office bearers

The Committee must elect from their members, the office bearers of the Committee.

The office bearers are elected at the Committee’s AGM and hold office for a period of twelve months or until their successors have been appointed.

Office bearers of a committee include the following Executive roles:

  • Chairperson,
  • Secretary,
  • Treasurer, and
  • Booking Officer.

The Committee may, from its own members, also elect a Volunteer Safety Officer.

All other committee members become General Committee Members.

Process for election of Office Bearers

  • A separate ballot is to be held for each office bearer.
  • Office bearers are to be elected in the following order:
    1. Chairperson
    2. Secretary
    3. Treasurer
    4. Booking Officer.
  • The office bearers of the Committee stand down and their positions are declared vacant.
  • The Returning Officer takes the chair and calls for nominations for the Executive positions.
  • Nominations can be accepted verbally from the floor at the AGM.
  • Any incoming committee member present at the meeting can nominate themselves or another incoming committee member for an executive position.
  • Nominations must be seconded by an incoming committee member and accepted by the nominee before that person becomes a candidate. Details of the nominators and seconders must be recorded in the minutes.
  • If only one candidate for an executive position is received, (nominee has been nominated and duly seconded), the person nominated is taken to be elected.
  • If two or more persons are nominated for a single position a vote must be taken.
  • Voting method may be by show of hand or secret ballot, as determined by the meeting.
  • Only incoming committee members present at the meeting can vote to choose who will be recommended to the Council for appointment to the incoming Executive.
  • Persons nominated for election to an executive position are entitled to vote for themselves. Proxy and postal votes are not permitted.
  • If a tied result or ballot occurs, the name of each candidate is written on a separate, identical piece of paper, and drawn ‘from the hat’ by the Returning Officer (or an impartial observer). The first name drawn is elected to the Office.
  • The Returning Officer counts the votes for each candidate. The names of successful candidates must be announced at the meeting at which the election is held and recorded in the minutes. There is no need for the number of votes received by each nominee to be announced.

Restrictions

  • No person can hold more than two Executive positions.
  • A maximum of two (2) relatives of any one family can be office bearers on the same Committee at the same time. Only one (1) of those office bearers is to sign cheques/purchase order requisitions on behalf of the same Committee at the same time.

3. After the AGM

Details of the ‘elected’ member nominees and office bearers are submitted by the Committee Secretary by 1 September for consideration by the Council.

Council will consider whether to appoint the elected member nominees and office bearers and are not bound by any recommendation made to Council.

The committee is appointed by the Council via a written Instrument of Appointment and Delegation, which is sent to the Committee Secretary.

Council is currently updating the Facility Manager guidelines. To the extent that there are any inconsistencies in Facility Manager in relation to the appointment to a Community Operating Committees and election of office bearers, the content on this page will apply to any inconsistency.

Member Vacancy

A person ceases to have Council’s delegated authority, if that person:

  • Resigns from the operating committee by notice in writing to Council;
  • Is absent for more than three consecutive meetings without leave of the operating committee;
  • Ceases to be a member of any organisation which the person represents, or dies.

The Secretary of a Community Operating Committee may also request Council to appoint a new delegate to replace an existing delegate as vacancies occur.  All such requests must include a copy of the meeting minutes outlining agreement for the nomination.  Council will formally acknowledge the service that the departing delegate has provided to Council, and approve the new nominee in writing.

Note: Incorporated Associations only have to provide a copy of their updated Members Details Form as soon as practical after a person ceases to be a member.

Page Last Updated: 09 Jul 2021