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2020-11-10 Services & Organisation Committee Agenda

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SERVICES & ORGANISATION COMMITTEE MEETING AGENDA   10 NOVEMBER 2020




                                                       Page 32 of 131

SERVICES & ORGANISATION COMMITTEE MEETING AGENDA                                                                      10 NOVEMBER 2020

                  The conduct of a Councillor is misconduct if                period of one year or is conduct that is identified in an
                  the conduct:                                                order of Council that will be dealt with as misconduct if
                  *  adversely affects, directly or indirectly, the honest    the Councillor engages tn the:conduct again.
                     and impartial performance of the Councillor's            The conduct of a Councillor may also be misconduct
                     functions or exercise of the Councillor's powers, or     ifa Councillor purports to direct the Chief Executive
                  *  is, or involves:                                         Officer in relation to disciplinary action regarding the
                     — abreach of trust placed in the Councillor, either      conduct of a Councillor Advisor,
                        knowingly or recklessly
                     — misuse of information or material acquired by the     Corrupt conduct
                       Councillor, whether the misuse is for the benefit of   Corrupt conduct is defined by, and dealt with, under
                        the Councillor or for the benefit or to the detriment       :                ;
                         tanoth                                               the Crime and Corruption Act 2001? and must be
                          ae 2 pee           2,                               referred to the Crime and Corruption Commission
                     ~ a Councillor giving a direction to any Council         (CCC). For a Councillor, corrupt conduct involves
                        employee (other than the Mayor giving                 behaviour that:
                        direction to the Chief Executive Officer, or for
                        Brisbane City Council, the Lord Mayor giving          *  adversely affects or could adversely affect the
                        direction tothe Chief Executive Officerand               performance of the Councillor's responsibilities, and
                        senior contract officers)                             *  involves the performance of the Councillor's
                     ~ arelease of confidential information outside of           responsibilities in a way that:
                        the Council                                              — is not honest or impartial, or
                     — failure to declare a conflict of interest or              — involves a breach of the trust placed in the
                        appropriately deal with a conflict of interest in           Councillor, or
                        a meeting                                                — involves the misuse of information acquired by
                     — attempting to influence a decision maker about               the Councillor, and
                        a matter in which the Councillor has a conflict          ;          ,                        at
                          ’                                                   *  is engaged in for the purpose of providing a benefit
                        of interest                                                      :
                         :               :                                       ora detriment to a person, and
                     — failure by a Councillor to report a                       if           db        iminal off
                        suspected prescribed conflict of interest                CTS aS           Se TIES
                       of another Councillor                                  Councillors are reminded of their obligations under
                     — failure to submit, update or review your registers     section 38 of the Crime and Corruption Act 2001 to
                        of interests, or                                      report Suspected corrupt conduct.
                  *  isa failure by the Councillor to comply with:            The OIA has entered into a section 407 arrangement
                     — an order made by the Council or the Councillor         wits  ie — src      euetcski   ae eee
                                  :                                           investigation into some allegations of corrupt conduct
                        Conduct Tribunal                                                                                          .
                                                  ay                          and report the matters to the CCC on a monthly basis,
                     — any acceptable request guidelines of the               to provide the CCC with the opportunity to assume
                        Council made under the legislation                    responsibility for or monitor an investigation, should
                     — the reimbursement of expenses policy of                the CCC consider that appropriate.
                        the Council.                                                  .       ;                  xe      ses
                               3                                              Further information about the CCC's jurisdiction
                  The conduct of a Councillor is also misconduct if the       and other topics in relation to local government is
                  conduct leads to the Councillor being disciplined for       available at https://www.ccc.gld.gov.au/sites/default/
                  inappropriate conduct on three occasions within a           files/Docs/Publications/CCC/Coruption-in-focus-
                                                                              Guide-2020.pdf (Chapter 4).
                  ‘Section 15, Crime and Corruption Act 2001
                  *Section 4o, Crime and Corruption Act 2001
                  Pageg Code of Conduct for Councillors in Queensland                                        | www.dlgrma.qld.gov.au |

                                                                                                                               Page 32 of 131
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