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 subject Councillor must leave the meeting while the matter is being discussed and voted
                 on or can participate in the meeting in relation to the matter including voting on the matter. If
                 the Councillor must leave the place of the meeting the Councillor must not influence or
                 attempt to influence the remaining Councillors to vote on the matter in a particular way
           4.6   When deciding whether a Councillor may stay in a meeting and vote following the decision of
                 a conflict of interest, the other Councillors must consider significant variables including, but
                 not limited to:
                 4.6.1  The size or significance of the benefit the subject Councillor stands to receive or
                         benefit
                 4.6.2  The benefit the subject Councillor stands to receive versus the benefit the community
                        stands to receive from the potential decision
                 4.6.3  The closeness of any relationship the subject Councillor may have with a given
                         person or group.
           4.7   In making the decision under 4.6, it is irrelevant how the subject Councillor intended to vote
                 on the issue or any other issue (if known or suspected).
           4.8   lf a Councillor at a meeting reasonably believes, or reasonably suspects that another
                 Councillor has a real or perceived conflict of 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.
           4.9   The Chairperson then should ask the Councillor with the suspected conflict of interest to
                 inform the meeting of any personal interest they have in the matter and follow the above
                 procedures from item 4.1.
           4.10 Inthe event the majority of Councillors inform of a personal interest in a matter:
                 4.10.1 the Local Government must resolve to delegate the consideration and decision on the
                         matter, pursuant to section 257 of the LGA, or
                 4.10.2 if the matter cannot be delegated under the 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.
           4.11 Where a Councillor informs a meeting of a personal interest in a matter, the Chairperson
                 must ensure the minutes of the meeting (to be posted on the Council’s website) record:
                 4.11.1 The name of the Councillor who has declared the conflict of interest
                 4.11.2 The nature of the personal interest, as described by the Councillor
                 4.11.3 The decisions made under 4.3 and 4.5 above
                 4.11.4 Whether the Councillor participated in the meeting under an approval by the Minister
                 4.11.5 If the Councillor voted on the matter, how they voted
                 4.11.6 How the majority of Councillors voted on the matter.

            Model Meeting Procedures                                                               Page 9 of 11

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