WITH incoming state and federal elections, the Horsham Rural City Council has adopted councillor standing as a state of federal candidate guidelines.
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The Municipal Association of Victoria (MAV) have established a set of guidelines; however, the Horsham council developed a policy to provide additional guidance to councillors standing as State or Federal candidates.
The recommendation was originally a policy, but a motion was moved to use the term "guidelines" instead.
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Councillor Claudia Haenel spoke against the council guidelines regarding her intention to run as an independent candidate for the Federal election.
"Even if I do nominate, I have received advice I am under no legal obligation to take leave of absence and have no intention of taking leave of absence," she said,
"I will continue to be a councillor for the community who elected me until I'm successfully elected to Canberra.
"I've already put you on notice, Madam Mayor. If you try to enforce this heavy-handed policy, now guidelines, I will go to the media over it, and I stand by my word.
"This policy is the continuation of the bullying, harassment and victimisation I have experienced under your watch, and I'm calling it out.
"This policy has no legal standing."
The motion was passed, with councillors Ian Ross, David Bowe, Ian Power and Robyn Gulline voting to adopt the guidelines.
After the meeting, the council's chief executive Sunil Bhalla clarified the legality of candidates taking a leave of absence from the council.
"There is no legal requirement for Cr Haenel to take leave of absence from her Councillor role if she decides to nominate for the federal election," Mr Bhalla said.
A spokesperson from the MAV confirmed Mr Bhalla's stance.
The MAV guidelines recommend a leave of absence; however, councillors are advised to get legal advice, and the final decision is actually with the council.
The Horsham council now adopted guidelines advise as follows:
"A Councillor who nominates as a candidate for a State or Federal election (a Nominated Candidate), should apply for leave of absence from the Council. This leave of absence should commence no later than the date of their nomination as a candidate with the relevant electoral commission for the election (Nomination Date) and conclude no earlier than the close of voting for the election. During this period, a Councillor who is on a leave of absence should not attend any type of meetings with Council or otherwise act as a Councillor."
The guidelines were derived from South Gippsland Shire Council's policy.
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