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The Model Code of Conduct for Local Councils in NSW

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Role of the mayor. Obligations of staff. Obligations during meetings. Inappropriate interactions ... Mayor. General Manager. At least one independent (with ... – PowerPoint PPT presentation

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Title: The Model Code of Conduct for Local Councils in NSW


1
The Model Code of Conduct for Local Councils in
NSW
  • and
  • Pecuniary Interest and Disciplinary Tribunal

2
Effective from 1 January 2005
  • Local Government Amendment (Discipline) Act 2004
  • Regulation to prescribe model code

3
The Model Code
  • Purpose, principles and definitions
  • General conduct obligations
  • General behaviour
  • Fairness and equity
  • Harassment and discrimination
  • Development decisions
  • Guide to ethical decision making

4
The Model Code
  • Conflict of interests
  • Pecuniary and non-pecuniary
  • Other business or employment
  • Campaign donors
  • Personal dealings with council

5
The Model Code
  • Personal benefit
  • Gifts or benefits
  • Token gifts and benefits
  • Gifts of value
  • Improper and undue influence

6
The Model Code
  • Relationship between council officials
  • Obligations of councillors
  • Role of the mayor
  • Obligations of staff
  • Obligations during meetings
  • Inappropriate interactions

7
The Model Code
  • Access to information and council resources
  • Councillor access to information
  • Refusal of access to documents
  • Use of council information
  • Security of information
  • Use of council resources
  • Councillor access to council buildings

8
The Model Code
  • Reporting breaches, investigation procedures and
    sanctions
  • Corrupt conduct, maladministration and waste of
    public resources
  • Reporting breaches of the code of conduct
  • Investigation procedures - staff, councillor
  • Sanctions

9
Conduct Committee
  • Must establish a Conduct Committee comprising
  • Mayor
  • General Manager
  • At least one independent
  • (with Deputy Mayor as an alternate committee
    member)

10
The Guidelines
  • Purpose, introduction and statutory requirements
  • Role of the code of conduct
  • Development, implementation and review
  • Topics to be addressed
  • Better practice suggestions
  • Examples
  • Policy suggestions
  • Resources

11
Pecuniary Interest Disciplinary Tribunal
  • Independent body
  • Deals with
  • Pecuniary interest matters referred from the
    department
  • Conduct (misbehaviour) matters under the new
    legislation (Local Government Amendment
    (Discipline) Act 2004)

12
Pecuniary Interest Disciplinary Tribunal
  • Holds hearings and determines complaints
  • May dispense with hearings under certain
    circumstances
  • Functions are initiated by reports presented to
    it by the Director General

13
Pecuniary Interest
  • Definition
  • Is an interest that a person has in a matter
    because of a reasonable likelihood or expectation
    of appreciable financial gain or loss to the
    person.
  • (Section 442 Local Government Act 1993)

14
Misbehaviour (conduct)
  • Definition
  • Contravention of Act or Regulations
  • Failure to comply with code of conduct
  • Act of disorder at a council or committee meeting
    (cl. 29 )
  • Applies only to councillors

15
Powers general
  • To summon witnesses
  • To take evidence
  • To obtain documents
  • To make decisions about action if complaint is
    proved

16
PIDT decisions
  • May disqualify from holding civic office for up
    to 5 years
  • May suspend for up to six months
  • May also counsel or reprimand
  • May suspend fees for up to six months without
    suspending councillor from civic office

17
PIDT decisions
  • PIDT may suspend for up to six months
  • May also counsel or reprimand
  • May suspend fees for up to six months without
    suspending councillor from civic office
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