POLITICAL aspirant and Robinvale-based Swan Hill Mayor Jade Benham could know as early as next month what council undertakings she will need to make as the National Party candidate for Mildura in the November 26 Victorian election.
Swan Hill councillors were this week told that while Cr Benham formally advised the council on May 31 that she has been pre-selected by The Nationals as a candidate for the seat of Mildura, the council did not have a policy specifically covering councillors as candidates in state or federal elections.
Further, any guidance obtained covering councillors as candidates does not specifically address the expectations of a councillor who is also mayor in terms of standing for elections.
Council’s corporate services acting director Helen Morris said the latest time for a councillor candidate to request to begin leave of absence from council was when they formally nominate to the Electoral Commission, or between 15 to 25 days before the election.
“Prior to that time they are known as a ‘prospective candidate’ and may continue to function as a councillor, so long as they continue to carry out the role and comply with other requirements,” Ms Morris said.
“Based on this, Cr Benham is now classified as a prospective candidate and must apply for leave of absence no later than the date of her nomination to the Victorian Electoral Commission at which point she becomes a nominated candidate,” she said.
“In the meantime, as a prospective candidate, Cr Benham may continue to operate as a councillor, but cannot use any council resources or platforms for electioneering or party political statements.
“A prospective candidate is also not permitted to use council activities, including council meetings, events, network meetings and council-related external activities in relation to their candidacy.”
Cr Benham has yet to request a leave of absence.
Councillors were told in Cr Benham’s absence due to a conflict of interest this week, it has been the practice of the council that once a leave of absence has been granted by Council and commences, the councillor’s allowance would cease and all other assets including phone, computer, name badge would be returned to council for safekeeping until after the election.
“Given the greater role of the mayor in communications and advocacy, council may wish to consider whether any special arrangements should be put in place to ensure clarity in those circumstances,” Ms Morris said.”At the very least when the mayor takes leave of absence an acting mayor would need to be appointed by council.
“There may be an appetite by councillors to consider the development of a council policy on councillors standing for state or federal elections.
“This would provide guidance from several sources and give clear direction to councillors choosing to stand for federal or state elections.”
Councillors were told Cr Benham has been provided with some general verbal advice regarding her options on the timing of her leave of absence and had been reminded of any requirements regarding the use of council resources.
The council agreed to formulate a policy surrounding councillors standing for federal or state elections which could be tabled as early as next month’s meeting of councillors.
