Council members have a unique and pivotal role within the local government and the community. They represent the interests of electors, residents and ratepayers, take account of the interests of other persons who work in, or visit, the district, participate in local government decision making at council and committee meetings, and facilitate communication between the community about council decisions.
The State Records Commission Policy regarding the records of local government council members requires the creation and retention of records of the:
“…communications and transactions of council members which constitute evidence affecting the accountability of the Council and the discharge of its business.”
This policy applies regardless of a record’s format or where it was received or created.
Under the Local Government Act 1995, the CEO of a local government is responsible for ensuring that all records of that local government, including council member records, are properly kept for the purposes of the Act and any other written law.
Accurately created and managed records provide reliable, legally verifiable evidence of decisions and actions.
What is a record?
A record is any recorded information, in any format, created or received by a government organisation during its business or conduct of its affairs. Examples of government records include - correspondence, file notes following a phone call or meeting, emails, video and audio recordings, photographs, text messages and social media posts relevant to the business of local government.
Records created or received by council members that relate to local government business must be captured as part of the local government's corporate memory in accordance with the State Records Act 2000 and the local government's record keeping plan (RKP).
When should a record be created and captured?
When performing your council member role, you will need to create and / or capture local government records when:
• information is related to local government business
• an action is required
• a decision or commitment is made
• there is a business need for future reference by yourself or others
• the record has historical value and identifies local government activity over time.
Which records should be captured?
The following types of records created or received by council members should be forwarded to the local government administration for capture in the record keeping system (RKS).
| YES - forward to your local government administration |
|---|
Communications, such as:
|
Records / file notes documenting verbal communications related to local government business activities, including:
|
| Lobbying – correspondence or petitions, relating to lobbying matters |
Social Media – where the posts or comments on a post:
|
| Messages – including texts and those posted on messaging apps such as WhatsApp, pertaining to local government business activities |
| Work diaries / Appointment books – containing information that may be significant to the conduct of the council member on behalf of the local government |
| Allowances, benefits and gifts records |
Addresses / Speeches / Presentations – delivered as part of a council member’s official duties |
| NO – do not need to be forwarded to your local government administration |
|---|
| Duplicate copies – of council meeting agenda, minutes and papers |
| Draft documents or working papers – which are already captured by the local government |
External publications – such as newsletters, circulars and journals received by the council member Note: where publications are created by council members covering activities relating to their official duties, forward to the local government administration |
| Invitations – to community events where a council member is not representing council or the local government |
Telephone, meetings and other verbal conversations which:
|
| Electioneering – or party-political information |
| Private documents – related to a council member’s private or personal matters, not related to a council member's official duties |
How should confidential records and information be managed?
Records held within a digital RKS and/or on hard copy files can be restricted so that only the appropriate officers can access them. If a council member believes that some of the documentation required for capture into the RKS is of a highly sensitive or confidential nature, the council member should advise the local government to treat the information as confidential so that appropriate access controls can be applied to those records.
Note: when creating or receiving records that relate to local government business activities, council members must consider the risks involved in keeping details of, or copies of personal information, as defined under the Privacy and Responsible Sharing Act 2024, and the actions required to appropriately manage and protect that information.
For more about managing records containing personal information please see:
- Privacy and Responsible Information Sharing Act 2024 and Record Keeping Obligations
- Records Management Advice - Retention of Personal Information
How should council members' records be disposed of?
All council members’ records that have been determined to be government records, including copies made for reference purposes, must be returned to the local government's administration for appropriate disposal in accordance with the General Retention and Disposal Authority for Local Government Information and the organisation’s RKP.
Where can council members find further record keeping information or advice?
For further information, contact your local government administration or the State Records Office at sro@sro.wa.gov.au
Council members will also receive record keeping training as a part of their induction and can refer to the information for local governments on the Department of Local Government, Industry Regulation and Safety (LGIRS) website regarding the council member training program and for local government operational guidelines.
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