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Page No 1 (Top)
Original Council pdf file here,
CODE OF CONDUCT
Adopted by Council 29 th March,2005.
Top
Page No 2
Camden Council - Code of Conduct Page 2
TABLE OF CONTENTS
1 Introductions 3
2 Definitions 4
3 Purpose of the code of conduct 5
4 Key Principles 7
5 General Conduct Obligations 8
6 Conflicts of Interest 10
7 Personal Benefit 13
8 Relationship between Council Officials 15
9 Access to information and council resources 17
10 Reporting breaches, complaint handling
procedures & sanctions 20
11 Councillor misbehaviour 22
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1 Introduction
The Local Government Act 1993 requires every
council to adopt a code of
conduct that incorporates the provisions of The
Model Code Of Conduct for Local
Councils in NSW. Councillors, members of staff of
council and delegates of the
council must comply with the applicable provisions
of council’s code of conduct. It
is the personal responsibilit y of council
officials to comply with the standards in
the code and regularly review their personal
circumstances with this in mind.
Council contractors and volunteers will also be
required to observe the relevant
provisions of council’s code of conduct.
Failure by a councillor to comply with an
applicable requirement of council’s code
of conduct constitutes misbehaviour. Failure by a
member of staff to comply with
council’s code of conduct may give rise to
disciplinary action.
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2 Definitions
In the model code of conduct the following
definitions apply:
Council official Includes councillors, members of
staff of council
and delegates of council.
Delegates of council A delegate of council is a
person or body to
whom a function of council is delegated
Designated person See the definition in section 441
of the Local
Government Act 1993
Act of disorder See the definition in clause 29 of
the Local
Government (Meetings) regulation 1999
The Act The Local Government Act 1993
The term “you” used in the model code
of conduct refers to council officials.
References to sections in the model code of conduct
are references to sections
in the Local Government Act 1993.
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3 Purpose of the code of conduct
The Model Code of Conduct for Local Councils in NSW
sets the minimum
requirements of behaviour for council officials in
carrying out their function. The
model code is prescribed by regulation.
The model code of conduct has been developed to
assist council officials to:
Understand the standards of conduct that are
expected of them
Enable them to fulfil their statutory duty to act
honestly and exercise a
reasonable degree of care and diligence (section
439)
Act in a way that enhances public confidence in
the integrity of local
government.
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4 Key Principles
The code of conduct applies equally to formal and
informal dealings between
councillors, staff and others. The general
principles upon which codes must be
based are:
4.1 Selflessness
Council officials have a duty to make decisions
solely in the public interest.
Officials must not act in order to gain financial
or other benefits for themselves,
their family or friends.
This means making decisions because they benefit
the public, not because
they benefit the decision maker.
4.2 Integrity
Council officials must not place themselves under
any financial or other
obligation to any individual or organisation that
might reasonably be thought to
influence them in the performance of their duties.
4. 3 Objectivity
Council officials must make decisions solely on
merit and in accordance with
their statutory obligations when carrying out
public business. This includes the
making of appointments, awarding of contracts or
recommending individuals for
rewards or benefits.
This means fairness to all; impartial assessment;
merit selection in
Recruitment and in purchase and sale of council’s
resources; considering only
Relevant matters.
4.4 Accountability
Council officials are accountable to the public for
their decisions and actions and
must consider issues on their merits, taking into
account the views of others. This
means recording reasons for decisions; submitting
to scrutiny; keeping proper
records; establishing audit trails.
4.5 Openness
Council officials have a duty to be as open as
possible about their decisions and
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actions, giving reasons for decisions and
restricting information only when the
wider public interest clearly demands. This means
giving and revealing reasons
for decisions; revealing other avenues available to
the client or business; when
authorised, offering all information; communicating
clearly.
4.6 Honesty
Council officials have a duty to act honestly.
Officials must declare any private
interests relating to they’re public duties
and take steps to resolve any conflicts
arising in such a way that protects the public
interest. This means obeying the
law; following the letter and spirit of policies
and procedures; observing codes of
conduct; fully disclosing actual or potential
conflict of interests and exercising any
conferred power strictly for the purpose for which
the power was conferred.
4.7 Leadership
Council officials have a duty to promote and
support these principles by
leadership and example and to maintain and
strengthen the public’s trust and
confidence in the integrity of the council.
This means promoting public duty to others in the
council
and outside, by their own ethical behaviour.
4.8 Respect
Council officials must treat with respect other
council officials and the role they
play, treating them with courtesy at all times.
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5 General Conduct Obligations
General conduct
5.1 You have an obligation to comply with the
provisions of the Local
Government Act 1993, the associated regulations and
council’s policies.
5.2 You must act lawfully, honestly and exercise a
reasonable degree of care
and diligence in carrying out your functions under
the Local Government Act
1993 or any other Act. (section 439 of the Local
Government Act 1993)
5.3 You must respect all community members and
other council officials and the
role they play, treating them with courtesy at all
times.
5.4 Councillors must avoid behaviour that could be
deemed to be an act of
disorder or misbehaviour. This includes conduct
that:
Contravenes the Local Government Act 1993 or
associated regulations
Is detrimental to the pursuit of the charter of a
Council;
Is improper or unethical;
Is an abuse of power or otherwise amounts to
misconduct;
Causes, comprises or involves intimidation,
harassment or verbal abuse;
Causes, comprises or involves discrimination,
disadvantage or adverse
treatment in relation to employment;
Causes, comprises or involves prejudice in the
provision of a service to the
Community;
Causes, comprises or involves improperly
directing or influencing or
attempting to direct or influence a member of the
staff of the Council or a
delegate of the Council in the exercise of the
functions of the member or
delegate.
Fairness and equity
5.5 You have an obligation to consider issues
consistently, promptly and fairly.
This involves dealing with matters in accordance
with established procedures, in
a non-discriminatory manner.
5.6 You must take all relevant facts known to you,
or that you should be
reasonably aware of, into consideration and have
regard to the particular merits
of each case. You must not take irrelevant matters
or circumstances into
consideration when making decisions.
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Harassment and discrimination
5.7 You must not harass, discriminate, or support
others who harass and
discriminate against colleagues or members of the
public on the grounds of
sex, pregnancy, age, race (including their colour,
nationality, descent, ethnic or
religious background), political affiliation,
marital status, disability,
homosexuality or transgender.
Guide to ethical decision-making
5.8 If you are unsure about the ethical issues
around an action or decision you
are about to take, you should consider these five
points:
Is the decision or conduct lawful?
Is the decision or conduct consistent with
Council’s policy and with
Council’s objectives and the Code of Conduct?
What will the outcome be for the employee or
councillor, work colleagues,
the Council and any other parties?
Do these outcomes raise a conflict of interest or
lead to private gain at
public expense?
Can the decision or conduct be justified in terms
of the public interest and
would it withstand public scrutiny?
Remember – you have the right to question any
instruction or direction given
to you which you think may be unethical or
unlawful. If you are uncertain
about an action or decision, you may need to seek
advice from other people.
This includes your supervisor or trusted senior
officer, the Department of
Local Government, the Ombudsman’s Office and
the Independent
Commission Against Corruption.
Independent Commission Against Corruption 8281 5999
NSW Ombudsman 9286 1000
NSW Department of Local Government 4428 4100
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6 Conflict of Interest
Pecuniary and non-pecuniary conflict of interests
6.1 A conflict of interests exists when you could
be influenced, or a reasonable
person would perceive that you could be influenced
by a personal interest when
carrying out your public duty.
6.2 You must appropriately resolve any conflict or
incompatibility between your
private or personal interests and the impartial
performance of your public or
professional duties.
6.3 Any conflict between your interests and those
of council must be resolved to
the satisfaction of the council. When considering
whether or not you have a
conflict of interests, it is always important to
think about how others would view
your situation.
6.4 It is essential that you properly address
conflict of interest’s issues that may
arise. You must:
Try to understand the concept and practical
implications of conflict of
interests issues
Accept that failure to resolve an actual or
reasonably perceived conflict of
interests is unacceptable in local government
Take timely and appropriate action to avoid, or
if not, to disclose any
actual, potential or reasonably perceived conflict
of interests.
6.5 Perceptions of a conflict of interests are as
important as actual conflict of
interests. The onus is on you to identify a
conflict of interests, whether
perceived or real, and take the appropriate action
to resolve the conflict in
favour of your public duty.
6.6 Where necessary, you must disclose an interest
promptly, fully and in writing.
If a disclosure is made at a council or committee
meeting, both the disclosure
and nature of an interest must be recorded in the
minutes.
6.7 If you are in doubt whether a conflict of
interests exists, you should seek legal
or other appropriate advice.
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6.8 A conflict of interests can be of two types:
Pecuniary - 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 or
another person with whom the person is associated.
(sections 442, 443 of the
Local Government Act 1993)
Non-pecuniary - A private or personal interest the
councillor, staff member or
delegate has that does not amount to a pecuniary
interest as defined in the
Local Government Act 1993 (for example; a
friendship, membership of an
association, society or trade union or involvement
or interest in an activity).
6.9 Where the interest is a pecuniary one, you must
comply with the Act. If you
do not comply with the Act, the consequences may be
severe.
The Act requires that if a pecuniary interest
exists in a matter, you must not be
involved in consideration or discussion of the
matter in which you have the
interest and must not participate in the
decision-making process or vote on
any question relating to the matter. The Act
requires that:
Councillors and designated persons lodge an
initial and an annual written
disclosure of interests that could potentially be
in conflict with their public
or professional duties (section 449 of the Local
Government Act 1993);
Councillors or members of council committees
disclose an interest at a
meeting, leave the meeting and be out of sight of
the meeting and not
participate in discussions or voting on the matter
(section 451 of the Local
Government Act 1993);
Designated persons immediately declare, in
writing, any pecuniary interest
(Section 459 of the Local Government Act 1993).
Designated persons are
defined at Section 441 of the Local Government Act
1993.
6.10 Where the interest is a non-pecuniary one you
have a broader range of
options for managing the interest. The option you
choose will depend on an
assessment of the circumstances of the matter, the
degree of the interest and
the significance of the issue being dealt with. You
must deal with a conflict of
interests in at least one of these ways:
Take no action because the potential for conflict
is minimal. Council
officials should consider providing an explanation
of why they consider a
conflict does not exist;
Disclose the nature of the conflict;
Limit involvement if practical (for example,
participate in discussion but not
in decision making) or restrict your access to all
relevant information. Care
needs to be taken when exercising this option;
Remove the source of the conflict (for example,
relinquishing or divesting
the personal interest that creates the conflict or
reallocating the conflicting
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duties to another officer);
Have no involvement by absenting yourself from
and not taking part in any
debate or voting on the issue, particularly if you
have a significant interest;
Include an independent in the process to provide
assurances of probity
(for example, for tendering or recruitment
selection panels).
Other business or employment
6.11 A member of staff who is considering outside
employment that relates to the
business of the council or that might conflict with
their council duties, must
notify and seek the approval of the general manager
in writing. (section 353 of
the Local Government Act 1993)
Political support
6.12 Councillors should note that matters before
council for determination that
involve campaign donors or supporters have the
potential to place the
councillor in a position of having a pecuniary or
non-pecuniary conflict of
interests.
Personal dealings with council
6.13 You will inevitably deal personally with your
council (for example, as a
ratepayer, recipient of a council service or
applicant for a consent granted by
council). You must not expect or request
preferential treatment for yourself or
your family because of your position. You must
avoid any action that could lead
members of the public to believe that you are
seeking preferential treatment.
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7 Personal Benefit
Gifts or benefits
7.1 You must not:
Seek or accept a bribe or other improper
inducement;
By virtue of your position acquire a personal
profit or advantage which
has a monetary value, other than one of a token
value.
7.2 You must not seek or accept any payment, gift
or benefit intended or likely to
influence, or that could be reasonably perceived by
an impartial observer as
intended or likely to influence you to:
act in a particular way (including making a
particular decision);
fail to act in a particular circumstance;
otherwise deviate from the proper exercise of
your official duties.
7.3 You may accept gifts or benefits of a nominal
or token value and that do not
create a sense of obligation on your part.
Token gifts
7.4 Generally speaking, token gifts and moderate
acts of hospitality could
include:
Gifts of single bottles of reasonably priced
alcohol to individual Council
officials at end of year functions, public
occasions or in recognition of work
done (such as providing a lecture/training
session/address);
Free or subsidised meals, of a modest nature,
and/or beverages provided
infrequently (and/or reciprocally) that have been
arranged primarily for, or
in connection with, the discussion of official
business;
Free meals, of a modest nature, and/or beverages
provided to Council
officials who formally represent their council at
work related events such
as training, education sessions, workshops;
Refreshments, of a modest nature, provided at
conferences where you are
a speaker;
Ties, scarves, coasters, tie pins, diaries,
chocolates, flowers and small
amounts of beverages;
Invitations to appropriate out of hours “cocktail
parties” or social functions
organised by groups, such as, council committees
and community
organisations.
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Gifts of value
7.5 You must never accept an offer of money,
regardless of the amount.
7.6 Gifts and benefits that have more than a
nominal or token value include
tickets to major sporting events, corporate
hospitality at a corporate facility at a
sporting venue, discounted products for personal
use, the frequent use of
facilities such as gyms, use of holiday homes, free
or discounted travel and free
training excursions.
7.7 If you receive a gift of more than token value
in circumstances where it
cannot reasonably be refused or returned, you
should accept the gift and
disclose this promptly to your supervisor or the
general manager. The supervisor
or general manager will ensure that any gifts
received are recorded in a Gifts
Register.
7.8 You must avoid situations in which the
appearance may be created that any
person or body, through the provision of
hospitality or benefits of any kind, is
securing or attempting to influence or secure a
favour from you or the council.
7.9 You must also take all reasonable steps to
ensure that your immediate family
members do not receive gifts or benefits that could
appear to an impartial
observer to be an attempt to influence or secure a
favour. Immediate family
members ordinarily include parents, spouses,
children and siblings.
7.10 Councillors and designated persons must by law
disclose a description of
any gift or gifts totalling a value exceeding $500
made by the same person during
a period of 12 months or less. (required to be
included in the disclosure of
interests returns – section 449 of the Local
Government Act 1993)
Improper and undue influence
7.11 You must not take advantage of your position
to improperly influence other
council officials in the performance of their
public or professional duties to
secure a private benefit for yourself or for
somebody else.
7.12 You must not take advantage (or seek to take
advantage) of your status or
position with, or functions performed for, council
in order to obtain unauthorised
or unfair benefit for yourself or for any other
person or body.
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8 Relationship between Council Officials
Obligations of councillors
8.1 Each council is a statutory corporat ion. The
councillors are the governing
body of the corporation. Councillors have the
responsibility of directing and
controlling the affairs of the council in
accordance with the Local Government
Act 1993.
8.2 Councillors must:
Only provide, by way of council or committee
resolution, or by the Mayor
exercising their power under s226 of the Local
Government Act 1993,
proper and appropriate direction to the general
manager in the performance
of council’s functions;
Refrain from, in any public or private forum,
directing or improperly
influencing, or attempting to direct or improperly
influence, any other
member of the staff of the council or a delegate of
the council in the
exercise of the functions of the member or
delegate;
Only contact a member of the staff of the Council
in accordance with
procedures governing the interaction of Councillors
and Council staff that
have been authorised by the General Manager;
Not contact or issue instructions to any of
Council’s contractors or tenderers,
including Council’s legal advisers.
Role of the Mayor
8.3 The role of the Mayor is defined by section 226
of the Local Government Act
1993. This role is the same whether the Mayor is
popularly elected or elected
by the Councillors.
Obligations of staff
8.4 The General Manager is responsible for the
efficient and effective operation
of the council’s organisation and for
ensuring the implementation of, without
delay, the decisions of the Council.
8.5 Council staff have an obligation to:
Give their attention to the business of council
while on duty;
Ensure that their work is carried out
efficiently, economically and effectively;
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Carry out lawful directions given by any person
having authority to give such
Directions;
Give effect to the lawful policies, decisions and
practices of the council,
whether or not the staff member agrees with or
approves of them.
Obligations during meetings
8.6 You must act in accordance with council’s
Code of Meeting Practice and the
Local Government (Meetings) Regulation 1999 during
council and committee
meetings.
8.7 You must respect the chair, other council
officials and any members of the
public present during council and committee
meetings or other formal
proceedings of the council.
Inappropriate interactions
8.8 The following interactions are inappropriate:
Councillors approaching junior members of staff
for information on
sensitive or controversial matters;
Members of staff approaching councillors directly
(rather than via their
director, staff representative or union delegate)
on staffing or political
issues;
Councillors approaching staff outside the council
building or outside hours
of work to discuss council business;
Staff refusing to give information which is
available to other Councillors to a
particular Councillor because of the staff member’s
or Councillor’s political
views;
Councillors who have a development application
before council discussing
the matter with junior staff in staff-only areas of
the Council;
Junior staff being asked to answer questions or
provide documents to
Councillors who are overbearing or threatening;
Councillors directing or pressuring staff in the
performance of their work, or
recommendations they should make;
Staff providing ad hoc advice to Councillors
without recording or
documenting the interaction as they would if the
advice was provided to a
member of the community;
Councillors approaching Council staff
organisations; for example unions
and associations; in relation to staffing matters;
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9 Access to information and Council resources
Councillor access to information
9.1 A Council must provide access to the documents
listed in section 12 of the
Local Government Act 1993 to all members of the
public, and to Councillors. A
council must also provide Councillors with
information sufficient to enable them
to carry out their civic functions.
9.2 Any information that is given to a particular
councillor in the pursuit of their
civic duties must also be available to any other
Councillor who requests it.
9.3 Councillors who have a personal (as distinct
from civic) interest in a
document of council have the same rights of access
as any member of the
public.
9.4 Council staff have an obligation to provide
full and timely information to
councillors about matters that they are dealing
with.
9.5 Councillors have an obligation to properly
examine all the information
provided to them relating to matters that they are
dealing with, sufficient to make
a decision on the matter in accordance with
Council’s charter.
Refusal of access to documents
9.6 The General Manager and Public Officer must act
reasonably in deciding
whether a document sought by a Councillor should be
made available under
section 12 of the Local Government Act 1993 or
because it is relevant to the
performance of the Councillor’s civic duty.
The General Manager or Public Officer
must state the reasons for the decision if access
is refused.
Use of Council information
9.7 Council officials must:
Protect confidential information;
Only access information needed for council
business;
Not use confidential information for any
non-official purpose;
Only release confidential information if you have
authority to do so.;
Only use confidential information for the purpose
it is intended to be used;
Only release other information in accordance with
established Council
policies and procedures and in compliance with
relevant legislation;
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Not use council information for personal
purposes;
Not disclose any information discussed during a
confidential session of a
Council meeting;
9.8 You must carry out your duties in a manner that
allows councillors, members
of staff, delegates and the public to remain
informed about local government
activity and practices.
9.9 You must not use confidential information
gained through your official
position for the purpose of securing a private
benefit for yourself or for any other
person.
9.10 You must not seek or obtain, either directly
or indirectly, any financial benefit
or other improper advantage for yourself, or any
other person or body, from any
information to which you had access in the exercise
of your official functions or
duties by virtue of your office or position.
9.11 You must not use confidential information with
the intention to improperly
cause harm or detriment to your council.
Security of information
9.12 You must take care to maintain the integrity
and security of confidential
documents or information in your possession, or for
which you are responsible.
9.13 You must comply with the information
protection principles, council’s privacy
management plan and legislation when dealing with
personal information.
Personal information is information or an opinion
about a person whose identity
is apparent, or can be determined from the
information or opinion.
Use of council resources
9.14 You must use council resources ethically,
effectively, efficiently and carefully
in the course of your public or profes sional
duties, and must not use them for
private purposes (except when supplied as part of a
contract of employment)
unless this use is lawfully authorised and proper
payment is made where
appropriate.
9.15 You must be scrupulous in your use of council
property, official services and
facilities and should not permit their misuse by
any other person or body.
9.16 You must avoid any action or situation which
could create the impression
that council property, official services or public
facilities are being improperly
used for your own or any other person or body’s
private benefit or gain.
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9.17 The interests of a Councillor in thei r
re-election is considered to be a
personal interest and as such the reimbursement of
travel expenses incurred on
election matters is not appropriate. The use of
Council letterhead, Council crests
and other information that gives the impression it
is official Council material must
not be used for these purposes.
9.18 You must not convert any property of the
Council to your own use unless
properly authorised.
9.19 You must not use Council’s computer
resources to search for, access,
download or communicate any material of an
offensive, obscene, pornographic,
threatening, abusive or defamatory nature. In the
case of Council staff this is
likely to constitute a disciplinary offence.
Councillor access to Council buildings
9.20 As elected members of the Council, councillors
are entitled to have access
to the Council Chamber, committee room, Mayor’s
office (subject to the Mayor’s
approval), Councillor’s rooms, and public
areas of Council’s buildings during
normal business hours and for meetings. Should
Councillors need access to
these facilities at other times, authority is
required from the General Manager in
order that necessary arrangements can be made.
9.21 Councillors must not enter staff-only areas of
Council buildings without the
approval of the General Manager (or delegate) or as
provided in the procedures
governing the interaction of Councillors and
Council staff.
9.22 Councillors must ensure that when they are
within a staff area they are
cognisant of potential conflict or pecuniary
interest matters and /or a perception
that they may bring influence to bear on Council
staff decisions and should
conduct themselves accordingly.
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10 Reporting Breaches, complaint handling
procedures & sanctions
Corrupt conduct, maladminis tration and waste of
public
resources
10.1 You have an obligation to act honestly and to
report any instances of
suspected corrupt conduct, maladministration and
serious and substantial waste
of public resources in accordance with council’s
internal reporting policy.
10.2 The Protected Disclosures Act 1994 provides
certain protections against
reprisals for council officials who report such
matters. It is an offence to take
detrimental action against people who make such
reports.
Reporting breaches of the code of conduct
10.3 You also have an obligation to report
suspected breaches of the code of
conduct to the General Manager.
Investigation procedures – staff conduct (e
xcluding the general
manager)
10.4 The General Manager will investigate breaches
of the code of conduct
regarding Council staff and others engaged by the
Council and will determine
the matter.
Investigation procedures – Coun cillor and
General Manager
conduct
10.5 Council will establish a Conduct Commit tee
that will consist of the Mayor,
the General Manager and Council’s nominated
legal adviser or other
independentperson of appropriate standing. In the
instance of a complaint being
madeagainst the Mayor or the General Manager, the
Deputy Mayor will take the
place of the Mayor or General Manager on the
Committee.
10.6 Councillors must report suspected breaches of
the Code of Conduct to the
General Manager in the first instance and refrain
from making allegations at
open Council meetings. The General Manager is
responsible for reporting the
matter to the Conduct Committee.
10.7 Where a Councillor believes that the General
Manager has failed to comply
with this Code, the Councillor should report the
matter to the Mayor who will
report the matter to the Conduct Committee.
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10.8 Council’s Conduct Committee will be
responsible for the investigation of
allegations of breaches of the Code of conduct by
Councillors and must either:
Investigate the alleged breach; or
Engage an independent person to investigate the
allegation.
10.9 An investigation conducted by the General
Manager or the Conduct
Committee will follow the rules of procedural
fairness. The investigator must:
Inform the person/s against whose interests a
decision may be made of any
allegations against them and the substance of any
adverse comment in
respect of them;
Provide the person/s with a reasonable
opportunity to put their case;
Hear all parties to a matter and consider
submissions;
Make reasonable inquiries or investigations
before making a decision;
Ensure that no person decides a case in which
they have a direct interest;
Act fairly and without bias, and
Conduct the investigation without undue delay.
10.10 Council’s Conduct Committee must decide
whether a matter reported to it
under this policy reveals a breach. The Committee
may recommend that Council
take any actions provided for in this policy that
it considers reasonable in the
circumstances.
Sanctions
10.11 Where the Council finds that a Councillor has
breached the code, it may
decide by resolution to:
Require the Councillor to apologise to any person
adversely affected by the
Breach;
Counsel the Councillor;
Reprimand the Councillor;
Censure the Councillor;
Make public disclosures of inappropriate conduct;
Refer the matter to an appropriate investigative
body, if the matter is serious
(for example, the Department of Local Government,
the
Independent Commission Against Corruption, the NSW
Ombudsman or
the NSW Police);
Prosecute for any breach of law.
10.12 Sanctions for staff depend on the severity,
scale and importance of the
breach and must be in accordance with any staff
agreements, awards, industrial
agreements and contracts.
Page No 22
Camden Council - Code of Conduct Page 22
11 Councillor misbehaviour
11.1 For the purposes of Chapter 14, Part 1,
Division 3 of the Act, failure by a
councillor to comply with an applicable requirement
of this Code of Conduct
constitutes misbehaviour. (Section 44OF)
11.2 Under section 44OG, a Council may by
resolution at a meeting formally
censure a Councillor for misbehaviour.
11.3 Under section 44OH, the process for the
suspension of a Councillor from
civic office can be initiated by a request made by
council to the Director General
of the Department of Local Government.
11.4 The first ground on which a Councillor may be
suspended from civic office is
where the Councillor’s behavio ur has been
disruptive over a period, involving
more than one incident of misbehaviour during that
period, and the pattern of
behaviour during that period, and the pattern of
behaviour during that period is of
such sufficiently serious nature as to warrant the
Councillor’s suspension.
11.5 Council cannot request suspension on this
ground unless during the period
concerned the Councillor has been:
Formally censured for incidents of misbehaviour
on at least one occasion;
Expelled from a meeting of the Council or a
committee of the Council for an
incident of misbehaviour on at least one occasion.
11.6 The second ground on which a councillor may be
suspended from civic
office is where the Councillor’s behaviour
has involved one incident of
misbehaviour that is of such a sufficiently serious
nature as to warrant the
Councillor’s suspension.
11.7 Council cannot request suspension on this
ground unless the Councillor has
been:
Formally censured for the incident of
misbehaviour concerned; or
Expelled from a meeting of the Council or a
committee of the Council for the
incident of misbehaviour concerned.
11.8 Under section 44OH, the process for the
suspension of a councillor can also
be initiated by the Department of Local Government,
the independent
Commission Against Corruption or the NSW Ombudsman
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