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

                                                                                          ATTACHMENT 4
           | @ |        NOOSA                                                         Council Policy
             @ | COUNCIL                                      COUNCILLOR COMPLAINT
                                                                  INVESTIGATION POLICY
            Corporate Plan Reference:                 | ‘Excellence as a Council’                            |
     |      Endorsed by Council:                      | 20 December204819 November 2020
     |      Policy Author:                            | Director Executive ServicesChief Executive Officer

           COUNCIL POLICY

           1.    Authority
           This is Noosa Shire Council's Investigation Policy for how complaints about the inappropriate
           conduct of Councillors will be dealt with as required by the section 150AE of the Local Government
           Act 2009 (the LGA). However, this policy does not relate to more serious Councillor conduct.
           2.    Commencement

           The investigation policy was adopted by Council resolution on 20-December2048-19 November
           2020 and applies from that date.
           3.    Scope
           This Investigation Policy applies to investigations and determinations of a complaint about the
           alleged inappropriate conduct of a Councillor/s which has been referred by the Independent
           Assessor.

           4.    Confidentiality
           Matters of suspected inappropriate conduct of a Councillor are confidential except as otherwise
           specifically provided for either in the LGA or this Investigation Policy.
           Note: It must be kept in mind that the matter is an allegation only and not yet proven. Further, there
           will be circumstances where the detail of the referral will need to remain confidential to the Local
     |     Government. Any release of senfidentiatinformation that a Councillor knows, or should reasonably
           know, to be confidential to the local government may be contrary to section 171(3) of the LGA and
           dealt with as misconduct.

           5.    Natural Justice

           Any investigation of suspected inappropriate conduct of a Councillor/s must be carried out in
           accordance with natural justice. An overview of the principles of natural justice follows.
           “Natural justice" or procedural fairness, refers to three key principles:
           e     that the person being investigated has a chance to have his or her say before adverse formal
                 findings are made and before any adverse action is taken (fair hearing)
           °     that the investigator(s) should be objective and impartial (absence of bias), and
           °     that any action taken is based on evidence (not suspicion or speculation).

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