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2020-11-10 Services & Organisation Committee Agenda

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SERVICES & ORGANISATION COMMITTEE MEETING AGENDA   10 NOVEMBER 2020




                                                       Page 55 of 131

SERVICES & ORGANISATION COMMITTEE MEETING AGENDA                                            10 NOVEMBER 2020

           46.4 The Council must debate the issue and decide whether the accused Councillor engaged in
                 inappropriate conduct. If the Council has lost quorum due to the number of conflicted
                 Councillors or another reason, the matter must be delegated consistent with section 257 of the
                 Local Government Act 2009 or deferred to another date when a quorum will be present.
           46.5 If a decision is reached that the accused Councillor has engaged in inappropriate conduct,
                 then the Councillors must decide what penalty or penalties from the orders detailed in 46.6, if
                 any, to impose on the Councillor. In deciding what penalty to impose, the Council may consider
                 any previous inappropriate conduct of the Councillor and any allegation made in the
                 investigation that was admitted, or not challenged, and that the Council is reasonably satisfied
                 is true.
           46.6 The council may order that no action be taken against the Councillor or make one or more of
                 the following:
                 a)    anorder that the Councillor make a public admission that the Councillor has engaged in
                       inappropriate conduct;
                 b) | anorder reprimanding the Councillor for the conduct;
                 c)    an order that the Councillor attend training or counselling to address the Councillor's
                       conduct, including at the Councillor's expense;
                 d)    anorder that the Councillor be excluded from a stated Council meeting;
                 e)    anorder that the Councillor is removed, or must resign, from a position representing the
                       Council, other than the office of Councillor, for example that the Councillor is ordered to
                       resign from an appointment representing the Council on a State Board or Committee;
                f)     an order that if the Councillor engages in the same type of conduct again, it will be treated
                       as misconduct;
                 g)    an order that the Councillor reimburse the Council for all or some of the costs arising
                      from the Councillor's inappropriate conduct.
           46.7 ACouncil may not make an order that the Councillor attend training/counselling, be suspended
                 from a meeting, be removed or resign from a position or that the same conduct will be treated
                 as misconduct in future, in relation to a person who is no longer a Councillor.
           46.8 The subject Councillor, and where relevant, the complainant Councillor, must be invited back
                 into the place where the meeting is being held once a decision has been made, and the
                 Chairperson must advise them of the details of the decision.
           46.9 The Chairperson must ensure the meeting minutes reflect the resolution made.

           47.   Disorder
           47.1 The Chairperson may adjourn the meeting of Council, where disorder arises at a meeting other
                 than by a Councillor.
           47.2 Onresumption of the meeting, the Chairperson shall move a motion, which shall be put without
                 debate, to determine whether the meeting shall proceed.
           47.3 Where such a motion is lost, the Chairperson shall declare the meeting closed, and any
                 outstanding matters referred to a future meeting.

           Standing Orders for Council Meetings                                                     Page 22

                                                                                                    Page 55 of 131
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