2018-12-11 Services & Organisation Committee Agenda

SERVICES & ORGANISATION COMMITTEE MEETING AGENDA   11 DECEMBER 2018




                                                       Page 80 of 148

SERVICES & ORGANISATION COMMITTEE MEETING AGENDA                                             11 DECEMBER 2018

                                                          Department of Local Government, Racing and Multicultural Affairs
     72  @ r
Bee,
‘  ie   s uo
    «
    &

                        these matters are to be dealt with at the next meeting of the Local Government and
                        treated as inappropriate conduct pursuant to the LGA®
                 1.9.3  the Local Government’s Chief Executive Officer is advised to ensure details of any
                        order made must be updated in the Local Governments Councillor Conduct Register
                        pursuant to the LGA.

           Any Councillor aggrieved with an order issued by the Chairperson can move a motion of dissent for
            parts 1.1, 1.7 and 1.8 above.

            2.   Meeting process for dealing with suspected Inappropriate Conduct which has
                 been referred to a Local Government

            Pursuant to section 150AF of the LGA, after receiving a referral by the Independent Assessor or
            under paragraph 1.9.2 of this document of an instance of suspected inappropriate conduct, the
            Local Government must complete an investigation into the alleged conduct.
           After the completion of the investigation, the Local Government must decide whether the Councillor
            has engaged in inappropriate conduct in a Council meeting, unless it has delegated responsibility
            for this decision under section 257 of the LGA.
            When dealing with an instance of suspected inappropriate conduct which has been referred to a
            Local Government by the Independent Assessor, the Local Government must:

            2.1. Be consistent with the Local Government principle of transparent and accountable decision
                 making in the public interest, by dealing with suspected inappropriate conduct in an open
                 meeting of the Council. Where the complainant or other parties may be adversely affected
                 due to the nature of the complaint, the Council may resolve to go into closed session under
                 section 275 of the Local Government Regulation 2012 (the LGR).
            2.2  When deliberating on the issue the subject Councillor must leave the place where the
                 meeting is being held, including any area set aside for the public. Should the complainant be
                 a Councillor, that Councillor must inform the meeting of a personal interest and follow the
                 conflict of interest procedures in Section 4.
            2.3. The Local Government should then debate the issue and decide whether the accused
                 Councillor engaged in inappropriate conduct.
            2.4  If the Local Government decides that the subject Councillor has engaged in inappropriate
                 conduct, the Local Government is then required to decide what penalty or penalties from the
                 following orders, if any, to impose on the subject Councillor:
                 2.4.1  an order that the Councillor make a public admission that the Councillor has engaged
                        in inappropriate conduct
                 2.4.2  an order reprimanding the Councillor for the conduct
                 2.4.3  an order that the Councillor attend training or counselling to address the Councillor's
                        conduct, including at the Councillor's expense
                 2.4.4  an order that the Councillor be excluded from a stated Local Government meeting
                 2.4.5  an order that the Councillor is removed, or must resign, from a position representing
           5 Section 150J of the LGA.

            Model Meeting Procedures                                                              Page 6 of 11

                                                                                                     Page 80 of 148