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

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                       1.7.2  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.
                  1.8   Ifthe 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.
                  1.9   Following the completion of the meeting, the chairperson must ensure:
                       1.9.1  details of any order issued is recorded in the minutes of the meeting
                       1.9.2. if itis the third or more order made within a 12 month period against a
                              councillor, or the councillor has refused to comply with an order issued to leave
                             the meeting, these matters are dealt with at the next meeting of the council and
                             treated as inappropriate conduct
                       1.9.3 the council’s chief executive officer (CEO) is advised to ensure details of any
                             order made is updated in the council’s councillor conduct register.
                   1.10 Any councillor aggrieved with an order issued by the chairperson can move a motion
                        of dissent for parts 1.1, 1.7 and 1.8 above.
           Note: Chairpersons of a meeting are carrying out a statutory responsibility under the LGA and City
           of Brisbane Act 2010 (COBA) to manage and lead the meeting. As such, where a chairperson
           behaves inappropriately in a meeting, this involves a breach of the trust placed in them as the
           chairperson of the meeting and may be dealt with as misconduct. The breach can be referred to
           the Office of the Independent Assessor (OIA) to be dealt with. However, breaches of trust don’t
           arise because councillors disagree with the chairperson’s decision or ruling during the meeting.
           2.    Meeting process for dealing with suspected inappropriate conduct which has
                 been referred to a local government by the IA

           Pursuant to Chapter 5A, Division 5 of the LGA (Referral of conduct to local government) a referral
           from the IA of inappropriate conduct or an instance of suspected inappropriate conduct may arise
           from circumstances under paragraph 1.9.2 of this document.
           In either case, the council must complete an investigation into the alleged conduct:
           e   consistent with any recommendations from the IA; and
           e   consistent with the council's investigation policy; or
           e   in another way decided by resolution of the council.

           After the completion of the investigation, the council must decide in a council meeting, whether the
           councillor has engaged in inappropriate conduct, unless it has delegated responsibility for this
           decision under section 257 of the LGA or section 238 of the COBA.
           When dealing with an instance of suspected inappropriate conduct which has been referred to a
           council by the IA:

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