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

   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.
   Decisions 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 may receive from the Assessor a referral notice about the suspected inappropriate
   conduct of a Councillor/s. Council may also receive referrals directly.
   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 as a confidential document.
   Should the Mayor or a Councillor/s (other than the subject of the complaint or the complainant)
   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 to decide on 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.
   If the suspected inappropriate conduct involves conduct that in the circumstances, the Mayor
   believes, it is in the best interests of the investigation to refer the matter for external investigation,
   then the Chief Executive Officer must refer the suspected inappropriate conduct to the President of
   the Tribunal to investigate and make recommendations to the Council about dealing with the
   conduct.

   If the suspected inappropriate conduct involves:
   «    an allegation about the conduct of the Mayor, or
   °    the Mayor as the complainant, then
   The Chief Executive Officer must refer the suspected inappropriate conduct to the President of the
   Tribunal to investigate and make recommendations to the Council about dealing with the conduct.

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