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)

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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)

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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

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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

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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