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

  9.    Early resolution
  Before beginning an investigation, the investigator must consider whether the matter is appropriate
  for resolution prior to the investigation. This consideration includes any recommendation made by
  the Assessor.

  A matter is only appropriate for early resolution if the parties to the matter agree to explore early
  resolution.

  The investigator may engage an independent person with suitable qualifications or experience to
  facilitate this process.
  If the matter cannot be resolved, the matter will then be investigated as outlined in this Investigation
  Policy.
  If the matter is resolved prior to investigation, the investigator will advise the Chief Executive Officer
  of this outcome. In turn, the Chief Executive Officer will advise the Mayor (if the Mayor is not the
  investigator) and all Councillors that the matter has been resolved. The Chief Executive Officer will
  also update the Councillor Conduct Register to reflect this.
  10.   Timeliness

  The investigator will make all reasonable endeavors to complete the investigation and provide a
  report for inclusion on the agenda of a Council meeting no more than eight weeks after the receipt
  of the complaint.
  Note: If the investigator is of the opinion that it may take longer than eight weeks to complete the
  investigation, the matter should be raised with the Mayor (if the Mayor is not the investigator) to seek
  an extension of time.

  11.   Assistance for investigator
  If the Mayor is the investigator of a matter of suspected inappropriate conduct, the Mayor may use
  section 170A of the LGA to seek assistance during the investigation.
  The Mayor is authorised by Council to expend money as reasonably needed to engage contractors
  in accordance with the Council’s procurement 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.

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