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Baw Baw Shire Councillor Code of Conduct
Status: Approval Date: February 22 2017
Approval Authority:
COUNCIL
Policy Effective From: February 22 2017
Due for Review on:
Page 2 of 33
Table of Contents 1. Policy Objective ............................................................................................................ 4
2. Purpose of the Councillor Code of Conduct .................................................................. 5
3. Legislative Provisions ................................................................................................... 5
4. Introduction .................................................................................................................. 6
5. The Primary Objective and Role of the Council ............................................................ 6
6. The Role of the Mayor and the Deputy Mayor .............................................................. 6
7. Definitions .................................................................................................................... 8
8. Vision and Core Values ................................................................................................ 8
9. Community Expectations .............................................................................................. 9
10. Councillors Working Together: Our Conduct and Behaviour ......................................... 9
11. Councillor Conduct Principles ..................................................................................... 10
12. Communication ..................................................................................................... 10
13. Decision Making ................................................................................................... 11
14. Confidentiality of Information and Misuse of Position ............................................ 11
15. Appropriate Use of Council Funds, Property, Equipment, Stationery and Facilities 13
16. Caretaker Provisions during a General Elections .................................................. 13
17. Procedure in an election period............................................................................. 14
18. Relationships ........................................................................................................ 15
19. Mayor/Councillors ................................................................................................. 15
20. Councillors/Councillors ......................................................................................... 16
21. Mayor/Chief Executive Officer ............................................................................... 16
22. Councillors/Chief Executive Officer ....................................................................... 17
23. Councillors/Administration ..................................................................................... 18
24. Conflicts of Interest ..................................................................................................... 20
25. Representations from Members of Parliament ............................................................ 20
26. Acceptance of Gifts and Hospitality ............................................................................ 21
27. Dispute Resolution Procedures .................................................................................. 21
Phase 1 – Direct negotiation ............................................................................................ 21
Phase 2 – External mediation .......................................................................................... 23
Phase 3 - Internal resolution procedure - Arbiter ............................................................. 24
28. Risk Assessment.......................................................................................................... 27
Page 3 of 33
29. Implementation Statement ........................................................................................... 27
30. Conflict of Interest Disclosure Requirements ............................................................. 28
Baw Baw Shire Council Councillor’s Code of Conduct
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1. Policy Objective Council’s Primary objective is to endeavour to achieve the best outcomes for the local community having regard to the long term cumulative effects of its decisions (refer to Section 3C (1) and (2) of the Local Government Act 1989 (The Act).
The conduct of Councillors, as they work together as a democratically elected team, set’s the ‘tone’ of the organisation in terms of how others perceive the professional integrity of the Baw Baw Shire Council.
The Councillor Code of Conduct (Code) provides guidance in the conduct required of Mayors and Councillors of the Baw Baw Shire Council as required by Section 76C of the Act 1989.
The Act 1989 requires Council to develop and maintain a Councillor Code of Conduct and it is required to be periodically reviewed. It must include an internal resolution procedure for dealing with any alleged contraventions of the Councillor Code of Conduct. The Act also stipulates that within one month of any amendment being made to a Councillor Code of Conduct, all councillors must make a declaration stating that they will abide by the revised councillor code of conduct. This declaration must be signed and witnessed by the Chief Executive Officer.
A Council can apply sanctions to a Councillor who has been found to have contravened the Councillor Code of Conduct. Failure to comply with the Council’s internal resolution procedure or to comply with a written direction given by the Council under section 81AB of the Act constitutes as misconduct by a Councillor.
If a Councillor Conduct Panel makes a finding of misconduct against a Councillor, the Panel may apply further sanctions against that Councillor.
A Council must, within 4 months after a general election:
a) Call a special council meeting solely for the purpose of reviewing the Councillor
Code of Conduct; and b) At that special council meeting, approve any amendments to be made to the
Councillor Code of Conduct determined by the Council to be necessary following the review of the Councillor Code of Conduct.
A copy of this Code of Conduct (as amended from time) must be:
Given to each councillor;
Available for inspection at the council offices nad any district offices; and
Publish on the Councils internet website.
For the 2016 Council elections, a person elected to be a Councillor is not capable of acting as a Councillor until the person has read the Councillor Code of Conduct and made a declaration stating that they will abide by the Code. It is the personal
Baw Baw Shire Council Councillor’s Code of Conduct
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responsibility of councillors to ensure that they are conversant with, and comply with, the provisions of this code.
The Code replaces the Councillor Code of Conduct adopted by Council on 27 March 2013.
2. Purpose of the Councillor Code of Conduct The purpose of local government is to provide a system under which Councils perform the functions and exercise the powers conferred by or under the Local Government Act 1989 and and other act for the peace, order and good governance of their municipal districts. Good Governance is fundamental to a Council being able to perform its purpose. Good Governance relies on good working relations between Councillors. This Councillor Code of Conduct:
Sets out the standards of conduct expected of elected representatives;
Endeavours to foster good working relations between councillors to enable Councillors to work constructively together in the best interests of the local community; and
Mandates councillor conduct designed to build public confidence in the integrity of local government.
3. Legislative Provisions The Local Government Act 1989
Local Government Amendment (Improved Governance) Act 2015
Victorian Civic and Administrative Tribunal Act 1998 (VCAT)
Accident Compensation Act 1985
Equal Opportunity Act 2010
Victorian Charter of Human Rights and Responsibilities Act 2006
Occupational Health and Safety Act 2004
Disability Discrimination Act 1992
Racial Discrimination Act 1992
Racial and Religious Tolerance Act (2001) (Vic)
Sex Discrimination Act 1984
Independent Broad-based Anti-Corruption Commission (IBAC) Act 2011
Protected Disclosures Act 2012
Victorian Inspectorate Act 2011
Public Interest Monitor Act 2011
Information Privacy Act 2000 (Vic)
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4. Introduction
4.1. As Councillors of Baw Baw Shire Council, we are committed to working
together constructively and respectfully as a team to achieve our shared vision
for our Shire.
4.2. This Code of Conduct is our commitment to governing our Shire effectively,
adhering to the principles of good governance.
4.3. This Code of Conduct does not apply to Council Staff. Council Staff are bound
by the Code of Conduct for Council staff.
5. The Primary Objective and Role of the Council
5.1. The primary objective of a Council is to endeavour to achieve the best
outcomes for the local community having regard to the long term and
cumulative effects of decisions.
5.2. The role of the Council is to provide leadership to its community and provide for
the good governance of the Baw Baw Shire Council. This includes:
5.2.1. acting as a representative government by taking into account the
diverse needs of its community in decision making;
5.2.2. providing leadership by establishing strategic objectives and monitoring
progress towards their achievement;
5.2.3. maintaining the viability of the council by ensuring that its resources are
managed in a responsible and accountable manner;
5.2.4. advocating the interests of its community to other communities and
governments;
5.2.5. acting as a responsible partner in government by taking into account
the needs of other communities; and
5.2.6. fostering community cohesion and encouraging active participation in
civic life.
6. The Role of the Mayor and the Deputy Mayor 6.1 To achieve the role of Council the role of the Mayor and Deputy Mayor in the Mayor’s absence requires the Mayor to:
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6.1.1 Take precedence at all municipal proceedings within the shire. 6.1.2 Lead the Council and Councillors as Chairperson of all meetings at which they are present, having a casting vote where necessary. 6.1.3 Establish and promote appropriate standards of conduct and provide guidance to Councillors in these required standards including observing Councillor Conduct Principles, Councillor Code of Conduct and Meeting Procedures Local Law. 6.1.4 Raise inappropriate behavioural and/ or conduct issues with individual councillors or groups of councillors such as personal abuse, bullying and/ or intimidating behaviours towards other Councillors, Council staff or members of the public; 6.1.5 Actively foster position relationships between Councillors, encouraging cooperation and promoting units within the environment of robust debate and varying on opinions 6.1.6 fulfil the duty of principal spokesperson of the Council, particularly with the media and at public events; lead discussions and advocacy matters with important stakeholders, businesses and other tiers of government to promote the interests of the Council and the local community; at all times representing the Council’s views rather than their individual reviews and articulating Council policies and positions fairly and accurately. 6.1.7 Undertaken civic and ceremonial duties in a responsible, respectful and dignified manner including officiating local municipal events including Citizenship Ceremonies and Australia Day Awards and the celebration of significant occasions such as ANZAC Day.
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7. Definitions
7.1. The following definitions are listed to assist with the reading of this Code:
Act: Means the Local Government Act 1989 (as amended) and sections
made under it.
Council: Means the Baw Baw Shire Council, being a body corporate
constituted as a municipal Council under the Local Government Act
1989
Councillors: Means the individuals holding the office of a member of Baw
Baw Shire Council
Council officers: Means the Chief Executive Officer and staff of Council
appointed by the Chief Executive Officer
Community: Means the whole Baw Baw community
8. Vision and Core Values
8.1. As Councillors we acknowledge and endorse Baw Baw Shire’s vision and core
values.
8.2. Our vision is: “Happy, healthy people sharing prosperity and knowledge from
living sustainably and in harmony with our rural identity, thriving villages,
productive and inspiring landscapes.”
8.3. Core Values
8.3.1 Our core values are:
Community Focused: Accessible, responsive (we’re here to help), can
do attitude, communicative, empathetic.
Integrity: Equitable, honest, ethical, transparent.
Respect: Listening, compassionate, open minded, understanding,
patient.
Pride: Caring, enthusiastic, inspiring, accountable
Innovation: Creative, bold, challenging, flexible
Collaboration: Partnering, building productive relationships, inclusive
8.3.2 In addition, we as Councillors commit to acting on behalf of the whole
Baw Baw community.
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9. Community Expectations
9.1. The Community’s expectation of us, their elected representatives, is
high. The business of Council will be conducted in a professional manner with
efficiency and impartiality, whilst demonstrating compassion and sensitivity
towards the needs of the community.
9.2. We acknowledge our obligations as Councillors to carry out our duties:
9.2.1. in the best interests of our Community, and
9.2.2. in accordance with the Local Government Act 1989.
10. Councillors Working Together: Our Conduct and Behaviour
10.1. Our primary role as Councillors is to set the vision and directions for the Baw
Baw Shire Council and to advocate on behalf of the whole Community. We
recognise that, as Councillors, we should represent and promote the interests
of the Community as a whole, whilst recognising our special relationships with
our constituents. In addition, we recognise that behaviour of individual
Councillors not only reflects on the Council as a whole, but may also have an
effect on Council strategies and programs.
10.2. We value teamwork and, in order to support our work as a team, we commit
ourselves to ensuring the following:
10.2.1. We have regard for each other: including listening and communicating
respectfully, acknowledging each other’s feelings, carefully defining
problems or issues, making time to discuss them informally and
avoiding all forms of abuse.
10.2.2. We will make time to develop supportive relationships where we are
honest in our dealings with each other in order to build trust,
collaboration and innovation.
10.2.3. We will work in a manner that encourages authenticity, including being
open-minded, valuing experience and ideas and seeking to increase
our knowledge and options before making decisions.
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11. Councillor Conduct Principles
11.1. In carrying out our role as Councillors, we will:
11.1.1. act with integrity;
11.1.2. exercise our responsibilities impartially in the interests of the local
community;
11.1.3. not make improper use of our position to advantage or
disadvantage any person;
11.1.4. avoid conflicts between our public duties as Councillors and our
personal interests and obligations;
11.1.5. act honestly and avoid making oral or written statements and avoid
actions that may mislead a person;
11.1.6. treat all persons with respect and show due respect for the
opinions, beliefs, rights and responsibilities of other Councillors,
council officers and others;
11.1.7. exercise reasonable care and diligence and submit to lawful
scrutiny that is appropriate for our office;
11.1.8. try to ensure that public resources are used prudently and solely in
the public interest;
11.1.9. act lawfully and in accordance with the trust placed in us as elected
representatives of the Baw Baw Community; and
11.1.10. support and promote these principles by leadership and example
so as to ensure the public has confidence in the office of Councillor.
12. Communication
12.1. As an elected Council, we will endeavour to ensure that the messages
communicated through the media are clear and consistent, and
positively portray the Council as a decisive and responsible governing
body.
12.2. We undertake to comply with Council’s Communication Policy and
respect the functions of the Mayor and Chief Executive Officer to be the
spokesperson for the Council in accordance with our policy.
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12.3. The Mayor will provide official comment to the media on behalf of
Council on all matters in relation to the Council and its decisions.
12.4. The Mayor may request another Councillor or the Chief Executive Officer
to make official comment on behalf of the Council, where appropriate.
12.5. The Chief Executive Officer is the official spokesperson for all Baw Baw
Shire operational matters, including:
12.5.1. staffing and structure of the organisation; and
12.5.2. day-to-day business of the organisation.
12.6. The Chief Executive Officer may sub-delegate authority to a council
officer if appropriate and pursuant to the instrument of delegation sealed
by Council.
12.7. As individual Councillors, we are entitled to express our own
independent views through the media, however we will make it clear that
any unofficial comment is our own personal view, and does not
represent the position of the Council as a whole.
13. Decision Making
13.1. We acknowledge that effective decision-making is vital to the democratic
process and an essential component of good governance. Accordingly,
we will:
13.1.1. actively and openly participate in the decision making process;
13.1.2. strive to be informed to achieve the best outcome for the community;
13.1.3. respect the views of the individual in debate; and
13.1.4. accept that decisions are to be based on a majority vote.
14. Confidentiality of Information and Misuse of Position
14.1. As Councillors, we will respect the confidentiality of the information we
receive in the course of performing our duties and responsibilities. We
will not, under any circumstances, convey electronically, verbally or in
writing information to a third party for as long as it continues to be
confidential.
14.2. Councillors will treat council information appropriately by:
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14.2.1. not using information gained by virtue of being a Councillor for any
purpose other than to undertake our role of Councillor;
14.2.2. respecting Council’s policies in relation to public comments and
communications with the media;
14.2.3. not releasing information deemed confidential information in
accordance with Section 77 of the Act;
14.2.4. recognising the requirements of the Information Privacy Act 2000
regarding the access, use and release of personal information; and
14.2.5. adhering to Council policies relating to accessing Council
information.
14.3. As Councillors we will not misuse our position:
14.3.1. to gain or attempt to gain, directly or indirectly, an advantage for
ourselves or for any other person; or
14.3.2. to cause, or attempt to cause, detriment to the Council or another
person.
14.4. A Councillor may disclose information that he or she knows is confidential
information in the following circumstances:
14.4.1 for the purpose of any legal proceedings arising out of this Act;
14.4.2 to a court or tribunal in the course of legal proceedings;
14.4.3 pursuant to an order of a court or tribunal;
14.4.4 to the Chief Municipal Inspector to the extent reasonably required by the Chief
Municipal Inspector;
14.4.5 to a Councillor Conduct Panel in the course of a hearing and for the purposes
of the hearing;
14.4.6 to a municipal monitor to the extent reasonably required by the municipal
monitor;
14.4.7 To the extent reasonably required for any other law enforcement purposes.
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15. Appropriate Use of Council Funds, Property, Equipment, Stationery and Facilities
15.1. In accordance with current Council policy and practice, Council
resources, including office and hospitality facilities, support staff,
equipment/services, merchandise and stationery are provided or made
available to Councillors for normal council business and are therefore
not to be used in connection with any other activities.
15.2. Councillors will not use public funds or resources in a manner that is
improper or unauthorised.
15.3. A Councillor will seek authorisation from the Council through the Mayor
prior to using public funds or resources for any purposes that is not a
standard/regular practice or likely to incur expenditure that may not be
deemed an acceptable use by the broader community.
16. Caretaker Provisions during a General Elections
16.1. Councillors will adhere to the caretaker provisions in the Act during an
election period. (section 93A).
16.2. Caretaker requirements are enshrined in the Local Government Act
1989 (s.93A). The purpose of this procedure is:
16.2.1. To ensure that the ordinary business of local government in Baw
Baw continues throughout an election period in a responsible and
transparent manner and in accordance with statutory requirements
and established ‘caretaker’ conventions;
16.2.2. To ensure that the ongoing ordinary business of Council is kept
separate from Councillors’ activities which relate to the election; and
16.2.3. To ensure that, in the run up to an election, Council does not make
decisions that inappropriately bind the next Council.
16.3. These procedures commit Council during the caretaker period to:
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16.3.1. Avoid making significant new policies or decisions that could
unreasonably bind a future Council;
16.3.2. Ensure that public resources, including staff resources, are not used
in election campaigning or in a way that may improperly influence
the result of an election, or improperly advantage existing
Councillors as candidates in the election; and
16.3.3. To continue with normal community consultation during the caretaker
period, but consultations will avoid express or implicit links to the
election.
16.3.4. Council resources must not be used to assist Councillors in election
campaigning.
17. Procedure in an election period Councillors and officers understand that the following will be normal practice during
election periods:
Public events will only be organised and run by the Council administration if they
are part of the normal services or operation of the Council.
Speeches for Councillors will only be prepared by the Administration in relation
to events that are part of the normal services or operation of the Council and
such speeches will not be circulated or available for publication.
Media services, including media releases, will not be provided for individual
Councillors by the Administration during the election period.
Neither the Council logo nor Council stationery will be used by Councillors in any
way that relates to the election.
Equipment and facilities provided to Councillors for the purpose of conducting
normal council business will not be used for campaigning purposes.
For further information, please refer to Council’s Election Caretaker Period Policy in the A-Z Policies and Documents page.
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18. Relationships
18.1. At Baw Baw, we believe that good working relationships are a key factor
in helping us govern well. All relationships at Baw Baw will be
characterised by our values and an understanding of everyone’s
different roles. The key relationships and their characteristics are as
follows:
19. Mayor/Councillors
19.1. A good relationship between the Mayor and Councillors will help us
work together to deliver the Council Plan. It will also increase the
public credibility of the organisation.
19.1.1. The Mayor is the leader of the Council and this role should be
respected by all Councillors;
19.1.2. Even though the Mayor does not have statutory authority over
other Councillors, at Baw Baw we recognise the Mayor’s
leadership role and will afford the position the authority to
provide that leadership;
19.1.3. The Mayor is a source of advice and support to Councillors to
help them achieve their goals;
19.1.4. That Mayor is the Mayor of all Councillors and, as such, should
be fostering relationships which support inclusive decision
making and involvement in Council activities in general; and
19.1.5. The Mayor should be an early contact point if there are
disputes between Councillors and has the responsibility for
facilitating resolution of such disputes.
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20. Councillors/Councillors
20.1. We will work with each other to achieve our individual and
collective goals. Good relationships between us will assist in
achieving a successful Council, a pleasant working environment
and a Council with public credibility.
20.1.1. While we may have different views, we shall treat each other
with respect and courtesy;
20.1.2. Disagreements, if they must be aired, shall be expressed in a
way that causes no detriment to individual Councillors or the
Council as a whole;
20.1.3. We shall adhere to the ‘no surprises’ principle in our
relationships with each other; and
20.1.4. Debate and discussions shall focus on issues and not on
personalities.
21. Mayor/Chief Executive Officer
21.1. This important relationship can assist in the smooth running of the
organisation and Council through good communication and
anticipation of issues. It should be outward looking; that is focused
on how we, as the elected representatives and the organisation can
be supported to best achieve Baw Baw’s goals.
21.1.1. The Mayor and Chief Executive Officer need to work closely
together and must strive for a good working relationship;
21.1.2. The relationship between the Mayor and Chief Executive
Officer needs to be characterised by consistency, openness
and good communication. Each has the responsibility to keep
the other informed about important and relevant issues. Good
communication should ensure that an understanding develops
about what is important and relevant;
21.1.3. The Mayor and the Chief Executive Officer understand that
each has different roles and authorities. At Baw Baw, we
understand that, while the Mayor is the leader of the Council,
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this position has no statutory authority (other than to chair
meetings of Council) while the Chief Executive Officer has
specific authorities. The relationship between the Mayor and
the Chief Executive Officer is sensitive to this issue;
21.1.4. At Baw Baw, the relationship between the Mayor and the Chief
Executive Officer aims to facilitate involvement and inclusion
amongst us as the elected representatives and the
administration. It does not seek to concentrate power in the
relationship; and
21.1.5. At Baw Baw, the Mayor and the Chief Executive Officer
recognise the importance of consistent communication and to
support this will have regular meetings.
22. Councillors/Chief Executive Officer
22.1. Good relationships between Councillors and the Chief Executive
Officer assist good governance. The Chief Executive Officer is
often able to assist us in addressing constituent issues. We, as
Councillors can help keep the Chief Executive Officer informed
about what is happening in the community. Good relationships
between the Chief Executive Officer and us can improve liaison
between us Councillors and the Administration.
22.2. The Chief Executive Officer is also accountable to us as
Councillors when we sit as Council. We as Councillors sitting as
Council, are also responsible for the performance management of
the Chief Executive Officer.
22.3. At Baw Baw, we recognise that performance management of the
Chief Executive Officer is important to Baw Baw achieving its goals.
We understand that:
22.3.1. Setting the goals for the Chief Executive Officer as leader of
the administration and assessing performance against these
goals is very important and that we need to commit ourselves
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to spending the necessary time to set the goals as well as
assessing their achievement;
22.3.2. The relationship between us Councillors and the Chief
Executive Officer is based on a good understanding of each
other’s roles;
22.3.3. That the Chief Executive Officer can be a source of advice and
support and that good communication between us and the
Chief Executive Officer can assist each other’s role; and
22.3.4. We as Councillors and the Chief Executive Officer will make
time to meet periodically.
23. Councillors/Administration
23.1. At Baw Baw we want to encourage an open organisation, with
good communication and understanding between us and the
Administration. Everyone should have a good understanding of
overall goals. However, good and open relationships require that
the nature of the relationships and communication are well
understood and backed by accountability and responsible conduct.
23.2. We recognise the division of responsibilities and that the role of
Councillors is one of advocacy and leadership and that the Chief
Executive Officer is responsible for management and
administration. In recognition of this division of responsibilities, we
will only contact staff in accordance with agreed protocols and
processes. We will place no restrictions on the ability of staff to give
independent professional advice to Council.
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23.3. We believe that Councillor/Administration relationships should
incorporate the following understandings:
23.3.1. An understanding of the complexity of both the elected
representatives and Administration’s roles. Every effort should
be made to understand where the other is coming from;
23.3.2. Although the Chief Executive Officer and Directors recognise
that we will contact staff on routine matters, we understand
that formal advice to us and Council should only come from
the Chief Executive Officer and/or Directors. This is the only
advice against which the Administration can be held
accountable;
23.3.3. Communication on important matters will always involve the
Mayor and/or Councillors and the Chief Executive Officer
and/or Directors;
23.3.4. Communication should be characterised by ‘straight talking’;
23.3.5. It is preferable that, if we are dissatisfied with the outcome of
an initial contact, the issue be ‘escalated’ upwards, either
through the organisation, or to the Mayor;
23.3.6. Relationships between us and the Administration should
incorporate the ‘no surprises’ principle;
23.3.7. We as Councillors do not have the authority to direct staff
members, and will not seek to direct Council staff or request
staff to alter any recommendations made by officers nor imply
that recommendations should be changed. We accept that all
decisions to modify, change or reject officer recommendations
must only be made at formal Council meetings;
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23.3.8. Communication will be based on respect for each other and
will not be used to undermine other Councillors or staff
members (refer to the General Councillor Conduct Principles
contained in s.76BA of the Local Government Act 1989);
23.3.9. A Councillor who wishes to discuss an officer’s conduct
should speak only with the Chief Executive Officer or the
relevant Director;
23.3.10. We recognise our responsibilities in ensuring that our
interactions with staff, each other or others associated with
Council meet the requirements of the Occupational Health
and Safety Act 2004 and the Equal Opportunity Act 1995 to
protect people from risks to their health and safety, including
harassment, bullying, violence and discrimination.
The Administration recognises that its functions should support good
governance and will always strive to do so.
Councillors and the Administration recognise the importance of appropriate
and productive relationships and will always strive to support and maintain
these relationships.
24. Conflicts of Interest
24.1. As Councillors we are committed to making all decisions impartiality and
with the best interests of the whole community.
24.2. As Councillors, we will comply with all the provisions of the Act with regard
to conflicts of interest (sections 77A to 79E). We agree to be bound by the
disclosure of conflict of interest requirements of the Act (section 79) and set
out in full in Attachment 1.
25. Representations from Members of Parliament
25.1. We acknowledge that Members of Parliament have a legitimate right to
make representations on behalf of their constituents to Council as a body
and to individual councillors.
25.2. To ensure transparency in our decision making, we will agree to declare
any approaches made by any Member of any Parliament of Australia, or
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their staff, prior to any decision being made by the Council on the matter
which was the subject of the approach.
25.3. This declaration will be recorded in the minutes of the meeting in question.
26. Acceptance of Gifts and Hospitality
26.1. Councillors will occasionally be offered gifts or other hospitality. While
these offers are generally genuine in nature they can give rise to:
26.1.1. perceived/potentially inappropriate relationships;
26.1.2. potential conflicts of interest;
26.1.3. possible breaches of the Act;
26.1.4. discomfort to the recipient; and
26.1.5. potential embarrassment if the offer is declined.
26.1.6. We will as Councillors, comply with the provisions as set out in the
Act and any policy adopted by the Council on this matter from time to
time.
26.1.7. For transparency and accountability purposes, gifts will be recorded
in the Councillors Gift Register with a notation that the gift remains
the property of Council.
27. Dispute Resolution Procedures Before commencing any formal dispute resolution process, the Councillors who are parties to a dispute are expected to use their best endeavours to resolve the matter in a courteous and respectful manner between themselves. Where, after these endeavours have been exhausted, the matter still remains unresolved, the parties may resort to any or all of the Council’s three phase dispute resolution process. The Council’s three phase dispute resolution process involves:
direct negotiation between the parties in dispute with the Mayor in attendance to provide guidance;
external mediation by an independent mediator engaged by the Chief Executive Officer; and
an internal resolution procedure involving an independent arbiter. Phase 1 – Direct negotiation Where Councillors who are in dispute have not been able to resolve the dispute between them, either (or both) party (parties) may request the Mayor to convene a meeting of the parties.
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A dispute referred for direct negotiation may relate to:
an interpersonal conflict between Councillors where the conflict is or is likely to affect the operations of the Council; or
an alleged contravention of the Councillor Code of Conduct. The party requesting the direct negotiation meeting is to provide the Mayor with the name of the other Councillor and the details of the dispute in writing. The written request is to indicate that it is for a “direct negotiation” dispute resolution process. Where the request relates to an alleged contravention of the Councillor Code of Conduct, the request must:
specify the name of the Councillor alleged to have contravened the Code;
specify the provision(s) of the Code that is alleged to have been contravened;
include evidence in support of the allegation;
name the Councillor appointed to be their representative where the request is made by a group of councillors; and
be signed and dated by the requestor or the requestor’s representative.
The requestor is to notify the other party of the request and provide him or her with a copy of the written request either at the same time as it is provided to the Mayor or as soon as practicable thereafter. The Mayor is to ascertain whether or not the other party is prepared to attend a “direct negotiation” meeting. If the other party is not prepared to attend a meeting, the Mayor is to advise the requestor forthwith. No further action is required of the Mayor. If the other party declines to participate in a meeting, this does not constitute a contravention of this Councillor Code of Conduct. If the other party consents to a meeting, the Mayor is to convene a meeting of the parties at the earliest available opportunity. Unless one or both parties are unavailable, this should be within 5 working days of receiving the consent of the other party. The Mayor may present the parties with guidelines, in advance of the meeting or at the meeting, to help facilitate the meeting. The role of the Mayor at the meeting is to provide guidance to Councillors about what is expected of a Councillor including in relation to the role of a Councillor under section 65 of the Act, and the observation of the councillor conduct principles and the Councillor Code of Conduct. The Mayor is to document any agreement reached at the meeting. Copies of the agreement are to be provided to both parties. Where one party does not comply with
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the agreement, the other party has recourse to external mediation or the internal resolution procedure where the matter relates to an alleged contravention of the Councillor Code of Conduct. If the parties cannot resolve the dispute at the meeting, a further meeting may be convened with the consent of both parties. Where the dispute remains unresolved, either or both of the parties have recourse to external mediation or the internal resolution procedure where the matter relates to an alleged contravention of the Councillor Code of Conduct. Where the Mayor is a party to the dispute, the request is to be made to the Deputy Mayor (if any) or the immediate past Mayor. The Deputy Mayor or the immediate past Mayor will perform the functions ascribed to the Mayor. Phase 2 – External mediation A Councillor or a group of Councillors may make an application for a dispute to be referred for external mediation whether or not the dispute has been the subject of an application for “direct negotiation”. An application made for a dispute to be referred for external mediation may relate to:
an interpersonal conflict between Councillors where the conflict is or is likely to affect the operations of the Council; or
an alleged contravention of the Councillor Code of Conduct. The applicant is to submit a written application to the Principal Conduct Officer setting out the name of the Councillor and the details of the dispute. The application is to indicate that the application is for an “external mediation”. Where the application relates to an alleged contravention of the Councillor Code of Conduct, the application must:
specify the name of the Councillor alleged to have contravened the Code;
specify the provision(s) of the Code that is alleged to have been contravened;
include evidence in support of the allegation;
name the Councillor appointed to be their representative where the application is made by a group of councillors; and
be signed and dated by the applicant or the applicant’s representative. The applicant is to notify the other party of the request and provide him or her with a copy of the application either at the same time that it is submitted to the Principal Conduct Officer or as soon as practical thereafter. The Principal Conduct Officer is to ascertain (in writing) whether or not the other party is prepared to attend an “external mediation”. If the other party declines to participate in an external mediation, he or she is to provide their reasons for doing so in writing to the Principal Conduct Officer. These reasons may be taken into account
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if the matter is, subsequently, the subject of an application for a Councillor Conduct Panel. When the other party declines to participate in an external mediation, this does not constitute a contravention of this Councillor Code of Conduct. If the other party agrees to participate in an external mediation, the Principal Conduct Officer is to advise the applicant, the Mayor and Chief Executive Officer forthwith. The Chief Executive Officer is to engage the services of an external mediator to conduct the mediation at the earliest practicable opportunity. The mediator is to document any agreement reached at the meeting. Copies of the agreement are to be provided to both parties. Where one party does not comply with the agreement, the other party has recourse to the internal resolution procedure where the matter relates to an alleged contravention of the Councillor Code of Conduct. If the parties cannot resolve the dispute at the meeting, a further meeting may be convened with the consent of both parties. Where the dispute remains unresolved, the applicant has recourse to the internal resolution procedure where the matter relates to an alleged contravention of the Councillor Code of Conduct. Phase 3 - Internal resolution procedure - Arbiter An application cannot be made for an internal resolution procedure during the election period for a general election. Any internal resolution procedure that is in progress is to be suspended during the election period for a general election. If the respondent to an application for an internal resolution procedure is not returned to office as a Councillor in the election, the application lapses. If the respondent is returned to office in the election, the application may resume if:
the application was made by the Council and the Council so resolves; or
the application were made by a group of Councillors and any one (or more) of those Councillors who has been returned to office wishes to proceed with the application; or
the applicant (individual Councillor) is returned to office and wishes to proceed with the application.
A councillor or a group of councillors may make an application alleging that a Councillor has contravened this Councillor Code of Conduct. The application must:
specify the name of the Councillor alleged to have contravened the Code;
specify the provision(s) of the Code that is alleged to have been contravened;
include evidence in support of the allegation;
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name the Councillor appointed to be their representative where the application is made by a group of councillors; and
be signed and dated by the applicant or the applicant’s representative.
The application must be submitted to the Council’s Principal Conduct Officer. An applicant may withdraw an application for an internal resolution procedure. Once an application has been withdrawn, the same or a similar application relating to the same instance in relation to the respondent Councillor cannot be resubmitted by the applicant. On receiving an application, the Principal Conduct Officer will:
advise the Mayor and CEO of the application without undue delay;
provide a copy of the application to the Councillor who is the subject of the allegation at the earliest practical opportunity but not later than two working days from receipt of the application;
identify an arbiter to hear the application;
obtain from the arbiter written advice that they have no conflict of interest in relation to the Councillors involved;
notify the parties of the name of the proposed arbiter and provide them with the opportunity (2 working days) to object to the person proposed to be the arbiter;
consider the grounds of any objection and appoint the proposed arbiter or identify another arbiter;
provide a copy of the application to the arbiter as soon as practicable after the opportunity for the parties to object to an arbiter has expired;
after consultation with the arbiter, advise the applicant and the respondent of the time and place for the hearing; and
attend the hearing(s) and assist the arbiter in the administration of the process In identifying an arbiter to hear the application, the Principal Conduct Officer must select an arbiter who is suitably independent and able to carry out the role of arbiter fairly. The role of the arbiter is to:
consider applications alleging a contravention of the Councillor Code of Conduct by a Councillor;
make findings in relation to any application alleging a contravention of the Councillor Code of Conduct which the arbiter must give to the Council;
give a written statement of reasons supporting the findings to the Council at the same time as it gives its findings to the Council;
recommend an appropriate sanction or sanctions where the arbiter has found that a Councillor has contravened the Councillor Code of Conduct.
In considering an application alleging a contravention of the Councillor Code of Conduct, an arbiter will:
in consultation with the Principal Conduct Officer, fix a time and place to hear the application;
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authorise the Principal Conduct Officer to formally notify the applicant and the respondent of the time and place of the hearing;
hold as many meetings as he or she considers necessary to properly consider the application. The arbiter may hold a directions hearing;
have discretion to conduct the hearings as he or she deems fit while ensuring that the hearings are conducted with as little formality and technicality as due and proper consideration of the application allows;
ensure that the parties to and affected by an application are given an opportunity to be heard by the arbiter;
consider an application by a respondent to have legal representation at the hearing to ensure that the hearing is conducted fairly and may, in his or her absolute discretion, grant the application or deny the application;
ensure that the rules of natural justice are observed and applied in the hearing of the application; and
ensure that the hearings are closed to the public. Where an application to have legal representation is granted by an arbiter, the costs of the respondent’s legal representation are to be borne by the respondent in their entirety. An arbiter:
may find that a Councillor who is a respondent to an internal resolution procedure application has not contravened the Code;
may find that a Councillor who is a respondent to an internal resolution procedure has contravened the Code;
will suspend consideration of an internal resolution procedure during the election period for a general election.
The arbiter is to give a copy of his or her findings and the statement of reasons to the Council, the applicant and the respondent. At the same time, the arbiter provides the findings and statement of reasons, he or she shall, where a Councillor has been found to have contravened the Code, recommend an appropriate sanction or sanctions for the contravention for consideration by the Council. A copy of the arbiter’s findings, statement of reasons and any recommended sanctions is to be submitted to the next ordinary meeting of the Council for its consideration. If an arbiter has found that a contravention of the Code has occurred, the Council may, after considering the arbiter’s findings, statement of reasons and recommendation on sanctions, give any or all of the following written directions to the Councillor:
direct the Councillor to make an apology in a form or manner specified by the Council;
direct the Councillor to not attend up to, but not exceeding, 2 meetings of the Council (in respect of the next scheduled meetings of the Council);
direct that, for a period of up to, but not exceeding, 2 months on a date specified by the Council the Councillor:
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o be removed from any position where the Councillor represents the Council; and
o to not chair or attend any advisory committee or special committee meeting or an assembly of Councillors or any other meeting specified in the direction.
A Councillor who does not participate in the internal resolution procedure may be guilty of misconduct. The Act provides that misconduct by a Councillor means any of the following:
(a) failure by a Councillor to comply with the Council’s internal resolution procedure; or
(b) failure by a Councillor to comply with a written direction given by the Council under section 81AB; or
(c) repeated contravention of any of the Councillor conduct principles. Allegations of misconduct are heard on application by a Councillor Conduct Panel.
28. Risk Assessment
28.1 Council, through adopting this Councillor Code of Conduct is:
28.1.1 Complying with the requirements of Section 77C of the Act;
28.1.2 Reducing the risk of legislative non-compliance of the Act more broadly by
Councillors, by clearly outlining the expectations and legislative requirements of
Councillors;
28.1.3 Providing a clear means of managing allegations of beaches of the Code by
Councillors or complaints against Councillors; and
28.1.4 Mitigating potential reputational risks.
29. Implementation Statement
29.1 Council will implement this policy by:
29.1.1 Requesting all Councillors to sign the adopted Councillors Code of Conduct in
accordance with the Act. This will be captured as a permanent record. A Councillor
failing to sign the Councillor Code of Conduct in accordance with the Act will be
referred to Local Government Victoria for investigation and dismissal.
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29.1.2 Providing a copy of the signed Code of Conduct to all Councillors.
29.1.3 Publishing a copy of the Code on Council’s website and have a copy available
for inspection at Council Offices.
30. Conflict of Interest Disclosure Requirements
(Section 79 Local Government Act 1989)
(1) If a Councillor or member of a special committee has a conflict of interest in
a matter which is to be, or is likely to be, considered or discussed at a
meeting of the Council or the special committee, the Councillor or member
must if he or she is attending the meeting, disclose the conflict of interest in
accordance with subsection (2).
(2) A Councillor or member of a special committee who has a conflict of interest
and is attending the meeting of the Council or special committee must make
a full disclosure of that interest:
(a) by either:
(i) advising the Council or special committee at the meeting of the
details required under paragraphs (b) and (c) immediately before the
matter is considered at the meeting; or
(ii) advising the Chief Executive Officer in writing of the details required
under paragraphs (b) and (c) before the meeting; and
(b) classifying the type of interest that has given rise to the conflict as either:
(i) a direct interest; or
(ii) an indirect interest and specifying the particular kind of indirect
interest under section 78, 78A, 78B, 78C, 78D or 78E; and
(c) describing the nature of the interest; and
(d) if the Councillor or member advised the Chief Executive Officer of the
details under paragraph (a)(ii), the Councillor or member must make a
disclosure of the class of interest only to the meeting immediately before
the matter is considered at the meeting.
(3) For the purposes of section 79(2)(a)(i), if a Councillor or member of a special
committee has a conflict of interest in two or more matters which are to be
considered or discussed consecutively at a meeting of the Council or the
special committee, the Councillor or member may make a full disclosure of
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each of those interests immediately before the first matter is considered at
the meeting.
(5) The Chief Executive Officer must:
(a) keep written disclosures given to him or her under this section in a
secure place for 3 years after the date the Councillor or member of a
special committee who made the disclosure ceases to be a Councillor or
member of a committee; and
(b) destroy the written disclosure when the 3 year period referred to in
paragraph (a) has expired.
(6) While the matter is being considered or any vote is taken in relation to the
matter, the Councillor or member of a special committee must –
(a) leave the room and notify the Mayor or Chairperson of the special
committee that he or she is doing so; and
(b) remain outside the room and any gallery or other area in view or hearing
of the room
(7) The Mayor or the Chairperson of the special committee must cause the
Councillor or member of a special committee to be notified that he or she
may return to the room after –
(a) consideration of the matter; and
(b) all votes on the matter.
(8) If a Councillor or member of a special committee discloses a conflict of
interest, the Chief Executive Officer or the Chairperson must record in the
minutes of the meeting –
(a) the declaration of the conflict of interest; and
(b) the classification of the interest that has given rise to the conflict, and if
the Councillor or member has disclosed the nature of the interest to the
meeting, the nature of the interest.
(9) Unless section 80 applies, a Councillor or member of a special committee
who fails to comply with this section is guilty of an offence and liable to a fine
not exceeding 120 penalty units.
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