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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                  2.1.  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 the 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 LGR or section 242J of the COBR to discuss the allegation.
                  2.2   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 through the chairperson to assist the other councillors in making a
                        decision. The 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.
                  2.3.  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 4. If the complainant councillor who has a 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 4. 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.
                  2.4   The council must debate the issue and decide whether the subject 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 LGA or section 238 of the COBA or deferred to another date when
                        a quorum will be present.
                  2.5   If adecision is reached that the subject councillor has engaged in inappropriate
                        conduct, then the councillors must decide what penalty or penalties from the orders
                        detailed in 2.6, 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.
                  2.6   The council may order that no action be taken against the councillor or make one or
                        more of the following:
                       2.6.1  an order that the councillor make a public admission that the councillor has
                              engaged in inappropriate conduct
                       2.6.2  an order reprimanding the councillor for the conduct

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