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2020-11-10 Services & Organisation Committee Agenda

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SERVICES & ORGANISATION COMMITTEE MEETING AGENDA   10 NOVEMBER 2020




                                                       Page 45 of 131

SERVICES & ORGANISATION COMMITTEE MEETING AGENDA                                              10 NOVEMBER 2020

           24.   Reporting a suspected conflict of interest
           24.1  If a Councillor at a meeting reasonably believes or suspects that another Councillor has a
                 personal interest in a matter that may be a prescribed or declarable conflict of interest, and
                 that Councillor is participating in a decision on that matter, the Councillor must immediately
                 inform the Chairperson of the meeting of their belief or suspicion, and the facts and
                 circumstances that led to their belief or suspicion.
           24.2 The Chairperson then should ask the relevant Councillor with the suspected personal interest
                 whether they have any prescribed or declarable conflict of interest in the matter. If the
                 Councillor agrees they have a conflict of interest, the Councillor must follow the relevant
                 procedures to declare that conflict.
           24.3 If the Councillor believes they do not have a conflict of interest, they must inform the meeting
                 of that belief and their reasons for that belief.
           24.4 The non-conflicted Councillors must then decide whether the Councillor has a prescribed
                 conflict of interest, a declarable conflict of interest or that the Councillor does not have
                 prescribed or declarable conflict of interest in the matter. If the meeting decides the Councillor
                 has a conflict of interest, the Councillor must follow the relevant procedures.
           24.5 If the Councillors cannot reach a majority decision, then they are taken to have determined
                 that the Councillor has a declarable conflict of interest.

           25.   Recording Conflicts of Interest
           25.1 When a Councillor informs a meeting that they or another Councillor have a prescribed or
                 declarable conflict of interest in a matter, the Chairperson must ensure the minutes of the
                 meeting record:
                 a)    the name of the Councillor who may have a prescribed or declarable conflict of interest;
                 b)    the particulars of the prescribed or declarable conflict of interest provided by the
                       Councillor;
                 c)    the actions taken by a Councillor after informing the meeting that they have, or they
                       reasonably suspect another Councillor has a prescribed or declarable conflict of interest;
                 d) — the Council's decision on what actions the Councillor with a declarable conflict of interest
                       must take and the reasons for the decision;
                 e)    the name of each eligible Councillor who voted and how they voted;
                f)     if the Councillor who declared the conflict voted on the matter, how they voted;
                 g)    whether the Councillor with a prescribed or declarable conflict of interest participated in
                       or was present for the decision under ministerial approval.

           26.   Closed Meetings
           26.1 Council and Standing Committees may resolve that a meeting be closed to the public if its
                 Councillors consider it necessary to discuss any of the following matters:
                 a)    the appointment, discipline or dismissal of the Chief Executive Officer;
                 b)    industrial matters affecting employees;
                 c)    the Council’s budget;
                 d)    rating concessions;
                 e)    legal advice obtained by the Council or legal proceedings involving the Council including,
                       for example, legal proceedings that may be taken by or against the Council;
                f)     matters that may directly affect the health and safety or an individual or a group of
                       individuals;
                 g)    negotiations relating to a commercial matter involving the Council for which a public
                       discussion would be likely to prejudice the interests of the Council;

           Standing Orders for Council Meetings                                                       Page 12

                                                                                                     Page 45 of 131
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