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

           COUNCIL POLICY - COUNCILLOR COMPLAINT INVESTIGATION POLICY

           A fair hearing means the Councillor who is the subject of the suspected inappropriate conduct matter
           must be told of the case against them including any evidence and be provided with an opportunity
           to put their case in writing with the investigation report provided to the Councillors as part of the
           meeting agenda.
           An absence of bias means that any investigation must not be biased or be seen to be biased in any
           way. This principle embodies the concept of impartiality.
           Ensuring Bdecisions are based on evidence requires that the investigation should not be based on
           mere speculation or suspicion but instead must be based upon evidence material.
           _A proper examination of all issues means the investigation must give a proper and genuine
           consideration to each party’s case.
           6.    Assessor’s referral

                                                                               The Council will receive from
           the assessor a referral notice about the suspected inappropriate conduct of a Councillor/s. The
           referral notice will include details of the conduct and any complaint received about the conduct, state
           why the assessor reasonably suspects that the Councillor has engaged in inappropriate conduct,
           and include information about the facts and circumstances that form the basis of the assessor's
           reasonable suspicion.
           The referral notice may be accompanied by a recommendation from the assessor about how the
           local government may investigate or deal with the conduct. The recommendation of the assessor
           may be inconsistent with this policy.
           The investigation must be conducted in a way consistent with:
            i    any recommendation of the assessor
           (ii) __ to the extent that this policy is not inconsistent with the recommendation of the assessor — this
                 investigation policy, or
           (iii) in another way the local government decides by resolution.

           A resolution under subsection (iii) must state the decision and the reasons for the decision.
          7.     Receipt of Assessor’s referral
           On receipt of a referral notice about the suspected inappropriate conduct of a Councillor/s from the
           Assessor, the Council’s Chief Executive Officer will forward a copy of that referral notice to the Mayor
           and all Councillors, other than the Councillor who is the subject of the complaint, or the complainant
           if the complainant is a Councillor, as a confidential document.
     |     Should the Mayor or a Councillor/s
           disagree with any recommendation accompanying the Assessor’s referral notice or form the opinion
           that the complaint should be dealt with in a way other than under this policy, the Mayor or Councillor
           may request the matter be placed on the agenda of the next Council meeting for the Council to
           decide, by resolution, -en-the appropriate process to investigate the complaint. Such a request must
           be made in accordance with the Council's meeting procedure requirements.
           8.    Investigator
           Unless otherwise resolved by Council, the Mayor will manage the investigation of suspected
           inappropriate conduct of other Councillors.

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