2018-12-11 Services & Organisation Committee Agenda

SERVICES & ORGANISATION COMMITTEE MEETING AGENDA                                      11 DECEMBER 2018


In the above circumstances, a Councillor must pursuant to section 175E(2) of the Local Government Act
2009 inform the meeting about the Councillor’s personal interests in the matter, including the following
particulars about the interests:
(a)    The nature of the interests;
(b)    If the Councillor’s personal interests arise because of the Councillor’s relationship with, or receipt
       of a gift from, another person –
       (i)    the name of the other person; and
       (ii)   the nature of the relationship or value and date of receipt of the gift; and
       (iii)  the nature of the other persons interest in the matter.

A Councillor who has informed the meeting of a personal interest may decide to leave the meeting room.

Vote from other Councillors on conflict of interest
If the Councillor does not leave the meeting, other Councillors must decide whether the Councillor has a
real or perceived conflict of interest in the matter and whether the Councillor must leave the meeting or
may stay and participate in the meeting.

Implications for failing to declare or comply with decision of other Councillors
A Councillor who fails to inform a meeting of a conflict of interest or does not comply with a decision for
the Councillor to leave the meeting room, may be guilty of an offence which carries a maximum penalty
of 100 units or 1 year’s imprisonment.

This offence is also considered an integrity offence, which is a disqualifying offence under the Local
Government Act 2009. Where a Councillor is charged with this offence, the Councillor is automatically
suspended and if convicted, disqualified from being a Councillor for 4 years.

Duty to report where another Councillor has a conflict of interest or material personal interest
A Councillor at a meeting who believes or suspects, on reasonable grounds, that another Councillor at
the meeting has a conflict of interest or a material personal interest must, as soon as practicable, inform
the person presiding the meeting about their belief or suspicion, if the relevant Councillor has not informed
the meeting of the personal interest.

Failing to comply with the duty to report where a Councillor suspects that another Councillor at the meeting
has a conflict of interest or a material personal interest, is misconduct pursuant to section 176(3)(d) of the
Local Government Act 2009 that could result in disciplinary action being taken against the Councillor.

Offence to take retaliatory action
A person must not, because a Councillor complied with a duty to report another Councillor’s material
personal interest or conflict of interest:
 Prejudice, or threaten to prejudice, the safety or career of the Councillor or another person; or
 Intimidate or harass, or threaten to intimidate or harass, the Councillor or another person; or
 Take any action that is, or is likely to be, detrimental to the Councillor or another person.

The above action is an Integrity Offence with a maximum penalty of 167 units or two years imprisonment.
As an integrity offence is a disqualifying offence, a Councillor charged with this offence is automatically
suspended and if convicted, the Councillor is disqualified from being a Councillor for 4 years after the
person is convicted.




                                                                                             Page 73 of 148