2020-11-10 Services & Organisation Committee Agenda

SERVICES & ORGANISATION COMMITTEE MEETING AGENDA   10 NOVEMBER 2020




                                                       Page 67 of 131

SERVICES & ORGANISATION COMMITTEE MEETING AGENDA                                             10 NOVEMBER 2020

   (ee

                       4.9.1  how does the inclusion of the councillor in the deliberation affect the public trust
                       4.9.2  how close or remote is the councillor's relationship to the related party
                       4.9.3  if the declarable conflict of interest relates to a gift or other benefit, how long
                              ago was the gift or benefit received
                       4.9.4  will the benefit or detriment the subject councillor or their related party stands to
                              receive from the decision have major or minor impact on them
                       4.9.5  how does the benefit or detriment the subject councillor stands to receive
                              compare to others in the community
                       4.9.6  how does this compare with similar matters that council has decided and have
                              other councillors with the same or similar interests decided to leave the meeting
                       4.9.7  whether the subject councillor has unique skills, knowledge or expertise that
                              might help make the best decision in the public interest.
                   4.10 If the non-conflicted councillors cannot decide about the declarable conflict of interest
                        of a councillor, they are taken to have decided that the councillor must leave and stay
                        away from the meeting while the non-conflicted councillors discuss and vote on the
                        matter.

                   4.11 A decision about a councillor who has a declarable conflict of interest in a matter
                        applies in relation to the councillor for participating in the decision, and subsequent
                        decisions, about the same matter unless there is a change to the councillor’s personal
                        interests and/or the nature of the matter being discussed. If the non-conflicted
                        councillors decide that the councillor can act in the public interest on the matter, then
                        the councillor may participate in the meeting and be involved in processes occurring
                        outside of a council meeting about the same matter e.g. briefing sessions or
                        workshops.
                   4.12 In making the decision under 4.6 and 4.9, it is irrelevant how the subject councillor
                        intended to vote on the issue or any other issue (if known or suspected).
                   4.13 A councillor does not contravene the above procedures if the councillor participates in
                        a decision under written approval from the Minister.
           5.    Reporting a suspected conflict of interest

                   5.1  If acouncillor at a meeting reasonably believes or suspects that another councillor
                        has a personal interest in a matter that may be a prescribed or declarable conflict of
                        interest, and that councillor is participating in a decision on that matter, the councillor
                        must immediately inform the chairperson of the meeting of their belief or suspicion,
                        and the facts and circumstances that led to their belief or suspicion.

                                                                                                           11

                                                                                                     Page 67 of 131