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

           45.7 If the Councillor still continues to fail to comply with the Chairperson’s request for remedial
                 action or the Chairperson decides a warning is not appropriate under 45.3, the Chairperson
                 may make one or more of the orders below:
                 a) | anorder reprimanding the Councillor for the conduct;
                 b)    an order requiring the Councillor to leave the meeting, including any area set aside for
                       the public and stay out for the duration of the meeting.
           45.8 If the Councillor fails to comply with an order to leave and stay away from the meeting, the
                 Chairperson can issue an order that the Councillor be removed from the meeting.
           45.9 Following the completion of the meeting, the Chairperson must ensure:
                 a)    details of any order issued is recorded in the minutes of the meeting
                 b)    if it is the third (3') or more order made within a 12-month period made against a
                       Councillor, or the Councillor has refused to comply with an order issued to leave the
                       meeting, these matters are to be dealt with at the next meeting of the Council and treated
                       as inappropriate conduct
                 c) — the Council's Chief Executive Officer is advised to ensure details of any order made is
                       updated in the Council’s Councillor Conduct Register.
           45.10 Any Councillor aggrieved with an order issued by the Chairperson can move a motion of
                 dissent for parts 45.1, 45.7 and 45.8.

           46.   Meeting Process for Dealing with Suspected Inappropriate Conduct
                 which has been Referred to a Local Government by the Independent
                 Assessor (IA)
           Pursuant to Chapter 5A, Division 5 of the LGA (Referral of conduct to a local government) a referral
           from the IA of inappropriate conduct or an instance of suspected inappropriate conduct may arise
           from circumstances under section 45.9 b) of this document.     When dealing with an instance of
           suspected inappropriate conduct which has been referred to a local government by the IA:
           46.1 The Council must be consistent with the local government principle of transparent and
                 accountable decision making in the public interest by dealing with suspected inappropriate
                 conduct in an open meeting of Council. However, where the matter may directly affect the
                 health and safety of the complainant due to the nature of the complaint, the Council may
                 resolve to go into closed session under section 254J of the Local Government Regulation 2012
                 to discuss the allegation.
           46.2 The subject Councillor has a declarable conflict of interest in the matter and is permitted by the
                 Council to remain in the meeting during the debate about whether the Councillor engaged in
                 the inappropriate conduct and answer questions put to the subject Councillor by the
                 Chairperson to assist the other Councillors in making a decision. This permission to remain in
                 the meeting for the debate is on the condition that the subject Councillor must leave the place
                 where the meeting is being held, including any area set aside for the public, during the vote on
                 whether they have committed inappropriate conduct and what, if any, penalty to impose if the
                 Councillor is found to have committed inappropriate conduct.
           46.3 Should the complainant be a Councillor, that Councillor may have a declarable conflict of
                 interest in the matter and if so, must follow the declarable conflict of interest procedures in
                 section 23. If the complainant Councillor who has a declarable conflict of interest, wishes to
                 remain in the meeting during the debate and vote on the matter, the other Councillors must
                 decide how to deal with the conflict of interest under section 23. The complainant Councillor
                 can be ordered to leave the meeting place or conditions may be applied to allow that Councillor
                 to participate in either the debate, the vote or the decision on any disciplinary action to be
                 applied.

           Standing Orders for Council Meetings                                                     Page 21

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