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2018-12-11 Services & Organisation Committee Agenda

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SERVICES & ORGANISATION COMMITTEE MEETING AGENDA   11 DECEMBER 2018




                                                       Page 79 of 148

SERVICES & ORGANISATION COMMITTEE MEETING AGENDA                                              11 DECEMBER 2018

                                                           Department of Local Government, Racing and Multicultural Affairs
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            Processes

            1.   Process for dealing with unsuitable meeting conduct by a Councillor in a
                 meeting
            When dealing with an instance of unsuitable conduct by a Councillor in a meeting, the following
            procedures must be followed:

            1.1. The Chairperson must decide whether or not unsuitable meeting conduct has been displayed
                 by a Councillor.
            1.2  Ifthe Chairperson decides the unsuitable meeting conduct has occurred, the Chairperson
                 must consider the severity of the conduct and whether the Councillor has had any previous
                 warnings for unsuitable meeting conduct issued. If the Chairperson decides the conduct is of
                 a serious nature, refer to 1.7 for the steps to be taken.
            1.3  If the Chairperson decides unsuitable meeting conduct has occurred but is of a less serious
                 nature, the Chairperson may request the Councillor take remedial actions such as:
                  1.3.1  Ceasing the unsuitable meeting conduct and refraining from exhibiting the conduct
                  1.3.2 Apologising for their conduct
                  1.3.3 Withdrawing their comments.
            1.4  If the Councillor complies with the Chairperson’s request for remedial action, no further
                 action is required.
            1.5  If the Councillor fails to comply with the Chairperson’s request for remedial action, the
                 Chairperson may warn the Councillor that failing to comply with the request may result in an
                 order being issued.
            1.6  Ifthe Councillor complies with the Chairperson’s warning and request for remedial action, no
                 further action is required.
            1.7  If the Councillor still continues to fail to comply with the Chairperson’s request for remedial
                 actions, the Chairperson may make one or more of the orders below:
                  1.7.1. anorder reprimanding the Councillor for the conduct
                  1.7.2. anorder requiring the Councillor to leave the meeting, including any area set aside for
                        the public and stay out for the duration of the meeting.?
            1.8  Ifthe Councillor fails to comply with an order to leave and stay away from the meeting, the
                 Chairperson can issue an order that the Councillor be removed from the meeting by an
                 appropriate officer. The meeting must be adjourned whilst the Councillor is being removed.*
            1.9  Following the completion of the meeting, the Chairperson must ensure:
                  1.9.1. details of any order issued is recorded in the minutes of the meeting?
                  1.9.2  if it is the third (3%) or more order within a 12-month period made against a Councillor
                         or the Councillor has refused to leave following an order issued to leave the meeting,

            * Section 1501(2) of the LGA.
            3 Section 1501(2)(c) of the LGA.
            * Section 1501(3) of the LGA.

            Model Meeting Procedures                                                               Page 5 of 11

                                                                                                     Page 79 of 148
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