2018-12-11 Services & Organisation Committee Agenda

SERVICES & ORGANISATION COMMITTEE MEETING AGENDA   11 DECEMBER 2018




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SERVICES & ORGANISATION COMMITTEE MEETING AGENDA                                              11 DECEMBER 2018

                                                           Department of Local Government, Racing and Multicultural Affairs
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            Inappropriate conduct
            Under section 150K of the Act, any conduct by a Councillor that is contrary to the standards of
            behavior in the Code of Conduct or a policy, procedure or resolution of a Council, and is not
            unsuitable meeting conduct, misconduct or corrupt conduct (i.e. occurs outside of a meeting of
            Council) is dealt with as inappropriate conduct.
            The conduct of a Councillor is also inappropriate conduct if the conduct contravenes an order by
            the Chairperson of a meeting of Council for the Councillor to leave the meeting, or is conduct at
            Council meetings that leads to orders for the Councillor's unsuitable meeting conduct being made
            on three occasions within a period of one year.
            The Independent Assessor is responsible for assessing allegations of suspected inappropriate
            conduct. If the Independent Assessor chooses to refer the matter to the Council to deal with, the
            Council must deal with the matter as quickly and effectively as possible.

            Misconduct

            Councillors are required to comply with all laws that apply to Local Governments. This includes
            refraining from engaging in misconduct.
            The Independent Assessor is responsible for assessing and investigating instances of suspected
            misconduct. The Independent Assessor may then refer the matter to the Councillor Conduct
            Tribunal to be heard and determined.

            The conduct of a Councillor is misconduct if the conduct:

               e   adversely affects, directly or indirectly, the honest and impartial performance of the
                   Councillor's functions or exercise of powers, or
               eis, or involves:
                      —   abreach of trust placed in the Councillor
                      —   misuse of information or material acquired by the Councillor, whether the misuse is
                          for the benefit of the Councillor or for the benefit or to the detriment of another
                          person
                      —   aCouncillor giving a direction to any Council employee (other than the Mayor giving
                          direction to the Chief Executive Officer and senior executive employees)
                      —   arelease of confidential information outside of the Council
                      —   failure by a Councillor to report a suspected material personal interest, conflict of
                          interest or perceived conflict of interest of another Councillor, or
               e   is a failure by the Councillor to comply with:
                      —   anorder made by the Council or Tribunal
                      —   any acceptable request guidelines of the Council made under section 170A of the
                          Act
                      —   the reimbursement of expenses policy of the Council.
            The conduct of a Councillor is also misconduct if the conduct leads to the Councillor being
            disciplined for inappropriate conduct on three occasions within a period of one year, or is conduct
            that is identified in an order of Council that will be dealt with as misconduct if the Councillor
            engages in the conduct again.

            Code of Conduct for Councillors in Queensland                                          Page 8 of 10

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