Reports tabled at the Special Meeting of Council on Wednesday date held at the Council Conference and Reception at City Hall, 30 Gheringhap Street, Geelong.
Source: |
Governance and Legal Services |
Executive Manager: |
Rebecca Leonard |
Index Reference: |
Governance |
To consider reviewing, amending if necessary and adopting a Council policy, the Councillor Code of Conduct 2018 (Attachment 2).
The Local Government Act 1989 (the Act) requires Council to review, and make any necessary amendments to, its Councillor Code of Conduct (the Code).
The current Code was adopted by Council on 20 September 2017.
The Code includes a commitment to conduct principles and values, clarifies roles, provides for decision making arrangements and provides guidance on Councillor behaviour, interests, gifts and hospitality, lawful conduct and other obligations. It also provides a framework and processes for managing the conduct of Councillors. It articulates the boundaries of conduct and behaviour as well as expectations for behaviour. It provides clear markers as to what behaviour is prohibited and what behaviour is expected.
One of the primary critiques of codes is that they can be too abstract and because of that they are difficult to enforce. This view is one that has been strongly conveyed by councillor conduct panel members in recent years when faced with applying codes that are too general. As a consequence, the Code is quite specific.
The Code’s conduct management framework has been reviewed. This is the only change recommended for Council’s consideration. The amended Code (refer attachment) provides for a more robust process which includes provision for:
reinforced obligations and guidance for Councillors to prevent disputes and, when a dispute occurs, to negotiate an acceptable outcome or seek the assistance of a mediator;
recognising the role of the Mayor in dispute resolution guidance and mediation of disputes;
impartial administration of the arbitration of conduct complaints by Council’s Principal Conduct Officer including the establishment of a panel of arbiters based on specified eligibility, skills and experience;
the avoidance of the use of an arbiter who has a conflict of interest;
the arbiter to assess whether a conduct complaint has been made for an improper purpose.
The Code must be reviewed by Council, and amended if necessary, within four months after a general election. Consequently, Council’s review must be completed by 28 February 2018.
Council must call a Special Meeting solely for the purpose of reviewing and amending the Code.
Following adoption of an amended Code, the Act requires that a Councillor must make a declaration stating that they will abide by the Code in writing, and witnessed by the Chief Executive Officer within one month of the adoption of the new Code.
Councillor Murrihy moved, Councillor Mansfield seconded -
That Council adopts the Councillor Code of Conduct 2018 at Attachment 2 of this report.
Carried.
There are no financial or economic implications identified for the subject of this report.
Consultation with councillors, governance and legal services officers, the CEO and Directors has been undertaken.
There are no social equity considerations identified for the subject of this report.
The Code is a Council Policy and is published on Council’s internet site.
Section 76C of the Act requires Council to review, and make any necessary amendments to the Code within four months after a general election. The Code must therefore be adopted by Council no later than 28 February 2018 in order to comply with the Act.
Section 76C of the Act also requires that Council must, call a special meeting solely for the purpose of reviewing and amending the Councillor Code of Conduct.
Following adoption of an amended code, Section 76C(6A) of the Act requires that a Councillor must make a declaration stating that they will abide by the Councillor Code of Conduct in writing, and witnessed by the CEO.
How we do business.
No Council officers or contractors who have provided advice in relation to this report have declared a conflict of interest regarding the matter under consideration.
The Code, upon adoption, will ensure statutory compliance and mitigate reputational, governance and financial risks associated with Councillor misconduct.
The Code also mitigates the risks associated with conflicts of interest attached to the roles of the Mayor, CEO and arbiters in the conduct management process.
There are no environmental implications identified for the subject of this report.
As there was no further business the meeting closed at 7:07pm on Tuesday, 27 February 2018.
Signed: _________________________________________
Councillor Bruce Harwood (Mayor)
Date of Confirmation: _____________________________
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