2020-11-10 Services & Organisation Committee Agenda

SERVICES & ORGANISATION COMMITTEE MEETING AGENDA   10 NOVEMBER 2020




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SERVICES & ORGANISATION COMMITTEE MEETING AGENDA                                              10 NOVEMBER 2020

           23.5 If the Councillor chooses not to leave the meeting, the Councillor may advise the other
                 Councillors of their reasons for seeking permission to participate in making the decision.
           23.6 The other non-conflicted Councillors at the meeting must then decide, by resolution, whether
                 the Councillor can participate in the decision making in relation to the matter, including voting
                 on the matter, or whether they should not participate in the decision and leave the place of the
                 meeting while the matter is decided by the non-conflicted Councillors. The non-conflicted
                 Councillors may impose conditions on the Councillor under a decision to either participate or
                 leave the meeting. The Councillor must comply with any decision or condition imposed by the
                 non-conflicted Councillors.
           23.7 \|n deciding on a Councillor's declarable conflict of interest in a matter, only Councillors who do
                 not themselves have a prescribed or declarable conflict of interest in the matter are eligible to
                 participate in the decision making. The decision may be made even if the number of those
                 Councillors is less than a majority or less than a quorum for the meeting consistent with section
                 150ET of the Local Government Act 2009.
           23.8 The Councillor who is the subject of the decision may remain in the meeting while the debate
                 is occurring and can participate by answering questions from the Chairperson to assist the
                 other Councillors in making their decision. The subject Councillor must not vote or otherwise
                 participate in making the decision but may remain in the meeting while the vote on the matter
                 takes place and the decision is declared by the Chairperson, on whether the Councillor may
                 remain in the meeting and participate in deciding the matter in which the Councillor has a
                 declarable conflict of interest.
           23.9 When deciding whether a Councillor may participate in the decision making on a matter in
                 which they have a declarable conflict of interest, the other Councillors should consider the
                 particular circumstances of the matter including, but not limited to:
                 a)    how does the inclusion of the Councillor in the deliberation affect the public trust;
                 b)    how close or remote is the Councillor's relationship to the related party;
                 c) _ ifthe declarable conflict of interest relates to a gift or other benefit, how long ago was the
                       gift or benefit received;
                 d) — will the benefit or detriment the subject Councillor or their related party stands to receive
                       from the decision have major or minor impact on them;
                 e)    how does the benefit or detriment the subject Councillor stands to receive compare to
                       others in the community;
                f)     how does this compare with similar matters that Council has decided and have other
                       Councillors with the same or similar interests decided to leave the meeting;
                 g)    whether the subject Councillor has unique skills, knowledge or expertise that might help
                       make the best decision in the public interest.
           23.10If the non-conflicted Councillors cannot decide about the declarable conflict of interest of a
                 Councillor, they are taken to have decided that the Councillor must leave and stay away from
                 the meeting while the non-conflicted Councillors discuss and vote on the matter.
           23.11A decision about a Councillor who has a declarable conflict of interest in a matter applies in
                 relation to the Councillor for participating in the decision, and all subsequent decisions, about
                 the same matter unless the there is a change to the Councillor's personal interests and/or the
                 nature of the matter being discussed. If the non-conflicted Councillors decide that the
                 Councillor can act in the public interest on the matter, then the Councillor may participate in
                 the meeting and be involved in processes occurring outside of a Council meeting about the
                 same matter e.g. briefing sessions or workshops.
           23.12|In making the decision under 23.6 and 23.9, it is irrelevant how the subject Councillor intended
                 to vote on the issue or any other issue (if known or suspected).
           23.13A Councillor does not contravene the above procedures if the Councillor participates in a
                 decision under written approval from the Minister.

           Standing Orders for Council Meetings                                                       Page 11

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