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2020-11-10 Services & Organisation Committee Agenda
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SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 10 NOVEMBER 2020
Page 66 of 131
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 10 NOVEMBER 2020
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4.3.3 if it arises because of a gift or loan from another person to the councillor or a
related party:
i. the name of the other person
ii. the nature of the relationship of the other person to the councillor or
related party
iii. the nature of the other person’s interest in the matter
iv. the value of the gift or loan and the date the gift or loan was made.
4.4 After a councillor has declared a conflict of interest, the councillor should consider
leaving the meeting while the matter is discussed unless they have reasons why their
participation would improve making the decision in the public interest.
4.5 If the councillor chooses not to leave the meeting, the councillor may advise the other
councillors of their reasons for seeking permission to participate in making the
decision.
4.6 The other councillors at the meeting must then decide, by resolution, whether the
councillor can participate in the decision making in relation to the matter, including
voting on the matter, or whether they should not participate in the decision and leave
the place of the meeting while the matter is decided by the non-conflicted councillors.
The non-conflicted councillors may impose conditions on the councillor under a
decision to either participate or leave the meeting e.g. may stay for the debate but
must leave for the vote. The councillor must comply with any decision or condition
imposed by the non-conflicted councillors
4.7 |In deciding on whether a councillor may participate in a decision about a matter in
which the councillor has a declarable conflict of interest, only councillors who do not
themselves have a prescribed or declarable conflict of interest in the matter are
eligible to participate in the decision making. The decision may be made even if the
number of those councillors is less than a majority or less than a quorum for the
meeting consistent with section 150ET of the LGA and section 177Q of COBA.
4.8 The councillor who is the subject of the decision may remain in the meeting while the
debate is occurring and can participate by answering questions from the chairperson
to assist the other councillors in making their decision. The subject councillor must not
vote or otherwise participate in making the decision but may remain in the meeting
while the vote on the matter takes place and the decision is declared by the
chairperson, on whether the councillor may remain in the meeting and participate in
deciding the matter in which the councillor has a declarable conflict of interest.
4.9 When deciding whether a councillor may participate in the decision making on a
matter in which they have a declarable conflict of interest, the other councillors should
consider the circumstances of the matter including, but not limited to:
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