AW BAW SHIRE COUNCIL CODE OF CONDUCT · Baw Baw Shire Council Councillor’s Code of Conduct Page 7 of 33 6.1.1 Take precedence at all municipal proceedings within the shire. 6.1.2

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:

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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

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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


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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.

http://www.bawbawshire.vic.gov.au/About-Council/Publications-and-Policies/A-Z-Policies-and-Documents


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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:




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:





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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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