2014-01-13 Ordinary Meeting Agenda

ORDINARY MEETING AGENDA   13 JANUARY 2014




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ORDINARY MEETING AGENDA                                                                 13 JANUARY 2014

   3     KEY ETHICAL AND BEHAVIOURAL OBLIGATIONS

   Councillors must:
   .     Ensure their personal conduct does not reflect adversely on the reputation of the Council;
   .     Demonstrate respect for fellow Councilors, Council staff and other members of the public;
   .     Refrain from harassing, bullying or intimidating fellow Councilors, Council staff and other
         members of the public;
   °     Not communicate with the public or media on behalf of the Council, unless expressly authorised
         by the Council to make that communication;
   .     When communicating with the public or the media, make it clear when they are expressing a
         personal opinion, and when they are speaking on behalf of Council;
   .     When communicating with the public or the media to express a personal opinion disagreeing with
         a Council resolution, respect the democratic process by first acknowledging that Council
         resolutions represent the majority view of Council.

   4     CONSEQUENCES OF FAILING TO COMPLY WITH THIS CODE

   Section 176(4) of the Queensland Local Government Act 2009 provides:-

   (4)   Inappropriate conduct is conduct that is not appropriate conduct for a representative of the local
         government, but is not misconduct, including for example-
         (a)   acouncillor failing to comply with the local government's procedures; or
         (b)   acouncillor behaving in an offensive or disorderly way in a meeting of the local government
               or any of its committees.

   A failure to comply with this code by a Councillor (other than by the Mayor or Deputy Mayor) will be
   inappropriate conduct (as defined in section 176(4)(a) of the Queensland Local Government Act 2009)
   and render a Councillor liable to disciplinary action prescribed by section 181(2) of that Act. Section
   181(2) provides, relevantly, that the Mayor may make either or both of the following orders that the
   Mayor considers appropriate in the circumstances

   (a)   an order reprimanding the Councillor for the inappropriate conduct;
   (b)   an order that any repeat of the inappropriate conduct be referred to the regional conduct review
         panel as misconduct.

   Pursuant to section 181(3) of the Queensland Loca! Government Act 2009, if the Mayor makes three
   orders under subsection (2) of section 181 about the same Councillor within one year, the Mayor must
   refer the repeated inappropriate conduct by the Councillor to a regional conduct review pane! or the
   tribunal.

   A failure to comply with this code by the Mayor or Deputy Mayor will also be considered inappropriate
   conduct but, by virtue of section 176C(3) of the Queensland Local Government Act 2009, must be
   referred to the Chief Executive of the Department of Local Government.
   RELATED POLICIES AND LEGISLATION

   Queensland Local Government Act 2009

   Version control:
    Version    Reason’ Trigger                 Change (Y/N) | Endorsed/ Reviewed by    Date
     1.0      | Create New Policy                                                     | 00114

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