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

           12.   Possible misconduct or corrupt conduct
           If during the course of an investigation the investigator obtains information which indicates a
           Councillor/s may have engaged in misconduct, the investigator must cease the investigation and
           advise the Chief Executive Officer. The Chief Executive Officer will then notify the Assessor of the
           possible misconduct.
           If during the course of an investigation, the investigator obtains information which indicates a
           Councillor/s may have engaged in corrupt conduct, the investigator must cease the investigation and
           advise the Chief Executive Officer. The Chief Executive Officer will then notify the Crime and
           Corruption Commission of the possible corrupt conduct.
           Instances of suspected misconduct or corrupt conduct may be referred back to the Council if
           determined by the Assessor or Crime and Corruption Commission to be inappropriate conduct.
           13.   Completion of investigation
           On the completion of an investigation, the investigator will provide a report to the Council outlining
           as appropriate:
           °     the investigation process;
           °     any witnesses interviewed;
           °     documents or other evidence obtained;
           °     a statement of the relevant facts ascertained;
           °     confirmation that the subject Councillor has been provided with an opportunity to respond to
                 the complaint and the evidence gathered:
           °     the investigation findings;
           °     a statement of any relevant previous disciplinary history;
           °     any recommendations about dealing with the conduct;
           °     a record of the investigation costs.
           If there is a risk to the health and safety of the complainant, under s 254J of the LGR the Council
           may resolve that the meeting be closed to the public for the Councillors to consider the investigation
           report and any recommendations.
           The Council (with the exception of the Councillor the subject of the investigation and the complainant,
           if another Councillor) will consider the findings and recommendations of the investigator's report and
           decide whether the Councillor has engaged in inappropriate conduct and, if so, what action it will
           take under section 150AH of the LGA. In accordance with s275(3) of the LGR, the resolution in
           relation to what action is to be taken as a result of the investigation must be made after the meeting
           has been re-opened to the public and the decision recorded in the meeting minutes. The Chief
           Executive Officer is also required to ensure the details are entered into the Councillor Conduct
           Register.

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          the LGA.

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