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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                 3.6.1  the Local Government must resolve to delegate the consideration and decision on the
                         matter, pursuant to section 257 of the LGA; or
                 3.6.2   if the matter cannot be delegated under section 257 of the LGA, the Local
                         Government should seek Ministerial approval for the Councillors to be able to
                         consider and vote on the matter, subject to any conditions the Minister for Local
                         Government may impose.
            3.7  Where a Councillor informs a meeting of a material personal interest in a matter, the
                 Chairperson must ensure the minutes of the meeting (to be posted on the Council’s website)
                 record:
                 3.7.1  The name of the Councillor who has a material personal interest in the matter
                 3.7.2  The material personal interest, including the particulars mentioned by the Councillor
                         regarding the material personal interest
                 3.7.3  Whether the Councillor participated in the meeting, or was present during the
                         meeting, under an approval granted by the Minister for Local Government.

            4.   Conflict of Interest

            Councillors are ultimately responsible for informing of any personal interest where they have a real
            or perceived conflict of interest on matters to be discussed at Council or committee meetings (other
            than ordinary business matters). When dealing with a conflict of interest, Councillors must abide by
            the following procedures:
            4.1. A Councillor with a real or perceived conflict of interest must inform the meeting of the Local
                 Government of their personal interest and set out the nature of the interest, including:
                 4.1.1  The nature of the interest
                 4.1.2   If the Councillor's personal interest arises because of the Councillor’s relationship
                        with, or receipt of a gift or benefit from, another person:
                        4.1.2.1  the name of the other person
                        4.1.2.ii the nature of the relationship or value and date of receipt of the gift or benefit
                                 received, and
                        4.1.2.iii the nature of the other person’s interests in the matter.
            4.2  The subject Councillor may themselves elect to leave the meeting while the matter is being
                 discussed and voted on due to a perceived conflict of interest or conflict of interest. If the
                 Councillor does not leave the meeting, they may advise the other Councillors why they
                 believe they are able to act in the public interest while remaining in the meeting. This could
                 include prior advice from the Integrity Commissioner on the personal interest.
            4.3  The other Councillors entitled to vote at the meeting must then decide whether the subject
                 Councillor has a conflict of interest (including a perceived conflict of interest) in the matter
                 due to their personal interest. A Councillor who has declared a personal interest in relation to
                 a matter, must not vote under section 175E(4) as to whether another Councillor may stay in
                 the meeting.
            4.4  Ifthe other Councillors decide there is no conflict of interest or a perceived conflict of interest,
                 the subject Councillor may remain in the meeting and the meeting may continue.
            4.5  If the other Councillors decide there is a conflict of interest they must then decide whether

            Model Meeting Procedures                                                               Page 8 of 11

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