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

                                                           Department of Local Government, Racing and Multicultural Affairs
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                        the Local Government, other than the office of Councillor, for example, the Councillor
                         is ordered to resign from an appointment representing the Local Government on a
                        State board or committee
                 2.4.6  an order that if the Councillor engages in the same type of conduct again, it will be
                        treated as misconduct
                 2.4.7  an order that the Councillor reimburse the Local Government for all or some of the
                        costs arising from the Councillor's inappropriate conduct.
            2.5  When making an order, the Local Government can take into consideration any previous
                 inappropriate conduct of the Councillor, and any allegation made in the investigation that was
                 admitted, or not challenged and that the Local Government is reasonably satisfied is true.
            2.6  The subject Councillor and where relevant the complainant Councillor, must be invited back
                 into the place where the meeting is being held once a decision has been made.
            2.7  The Local Government must ensure the meeting minutes reflect the resolution made.

            3.   Material Personal Interest

            Councillors are ultimately responsible for informing of a material personal interest on matters to be
            discussed at a Council or committee meeting. When dealing with a material personal interest,
            Councillors must abide by the following procedures:
            3.1. A Councillor with a material personal interest must inform the meeting of the Local
                 Government of their material personal interest and set out the nature of the interest,
                 including:
                 3.1.1. The name of the person or other entity who stands to gain a benefit, or suffer a loss,
                        depending on the outcome of the consideration of the matter at the meeting
                 3.1.2   How a person or other entity stands to gain the benefit or suffer the loss
                 3.1.3   If the person or other entity who stands to gain the benefit or suffer the loss is not the
                        Councillor — the nature of the Councillor’s relationship to the person or entity.
            3.2. The Councillor must then leave the place of the meeting and stay away while the matter is
                 being discussed and voted on unless the subject Councillor has Ministerial approval to
                 participate in the matter. The Councillor must not influence or attempt to influence the
                 remaining Councillors to vote on the matter in a particular way.
            3.3  Once the Councillor has left the area where the meeting is being conducted, the Local
                 Government can continue discussing and deciding on the matter at hand.
            3.4  If a Councillor at a meeting reasonably believes, or reasonably suspects that another
                 Councillor has a material personal interest in a matter to be discussed at the meeting and
                 has not informed the meeting about the interest, the Councillor must advise the Chairperson
                 of the meeting, as soon as practicable, about their belief or suspicion, and the facts and
                 circumstances that form the basis of the belief or suspicion.
            3.5  The Chairperson then should ask the Councillor with the suspected material personal interest
                 whether they do in fact have a material personal interest. If that is the case, the Councillor
                 must follow the above procedures from item 3.1.
            3.6  Inthe event the majority of Councillors inform a meeting of a material personal interest
                 regarding a matter:

            Model Meeting Procedures                                                              Page 7 of 11

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