Notice of Motion Kath Roach 20 March 2019 Notice of Motion THAT - - PowerPoint PPT Presentation

20 March 2019

Notice of Motion Kath Roach

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Notice of Motion

THAT Council: 1. Note that the ICAC has published best- practice guidelines to guide councillors, proponents

• f development and lobbyists in relation to land use

planning and development assessment

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Notice of Motion

• 2. Adopt the following additional clauses in the Code of Conduct (as an

addendum to the Development Decisions section in Part 3 of the Code) to increase transparency: 3(vii) That in respect of Planning Proposals (including foreshadowed and formally lodged), the Mayor and Councillors must: (a) Keep a written record of meetings and other communications with developers, proponents and lobbyists (hereafter referred to as “applicants”) (b) Request applicants, who have approached you for a meeting, to formally write to Council to request a meeting with all Councillors and relevant council

• fficers and to submit their arguments/proposals in writing prior to the

meeting.

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Notice of Motion

3(vii) That in respect of Planning Proposals (including foreshadowed and formally lodged), the Mayor and Councillors must: (c) Conduct meetings with applicants in official locations, such as Council premises, and have a senior council officer present at all times. (d) Provide copies of information presented by an applicant during a meeting to Council officers for consideration and assessment (if required), distribution to

• ther Councillors and filing in Council’s records management system.

(e) Make a declaration at a Council meeting, during consideration of any relevant planning matter, about the lobbying activities of applicants which were not part of Council’s formal engagement/consultation processes.

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Notice of Motion

• 3. Create a public register of meetings with applicants for

Planning Proposals (foreshadowed and formally lodged) to provide transparency for the people of Hornsby Shire. The register would include meetings between applicants and the Mayor and Councillors, and the applicants be advised that the meeting details will be included in such register

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Next Step

Workshop has been held as per the resolution for the Notice of Motion, so the matter is referred back to Council for consideration

20 March 2019

Code of Conduct Update Notice of Motion Workshop Kath Roach

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Part 3 – General Conduct Obligations

• Greater emphasis on bullying type behaviour – expressly prohibited

(Clause 3.8 to 3.10)

• f) unreasonable work expectations, including too much or too little work,
• r work below or beyond a worker’s skill level
• ‘Reasonable

management actions’ that will not constitute bullying behaviour (Clause 3.11)

• Recognition of statutory duties under the Work Health and Safety Act 2011

(Clause 3.12)

• Obligations in relation to meetings (Clauses 3.21 and 3.22)

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• Extended the provisions to include Land Use Planning, DA and
• ther regulatory functions (3.13 – 3.14)

3.13 - You must ensure that land use planning, development assessment and other regulatory decisions are properly made, and that all parties are dealt with fairly. You must avoid any occasion for suspicion of improper conduct in the exercise of land use planning, development assessment and other regulatory functions 3.14 - In exercising land use planning, development assessment and other regulatory functions, you must ensure that no action, statement or communication between yourself and others conveys any suggestion of willingness to improperly provide concessions or preferential or unduly unfavourable treatment

Part 3 – General Conduct Obligations

• Public Comment (HSC)

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‘Former Burnside Councillor Lance Bagster Bullied and Harassed Staff, State Ombudsman Finds’

'Cr Bagster has sought to characterise his conduct as being in the greater interests of ratepayers… He is wrong. His conduct has… resulted in an enormous waste of public resources… His behaviour has been entirely self-centred and counter- productive… (and) falls far short of reasonable community expectations.’

– State Ombudsman Wayne Lines

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‘Cr Lisa Matthews Complaint Over Alleged Intimidation at Central Coast Council’

‘I’m doing my job as a Councillor and I should not be intimidated

• r harassed in my workplace by anybody.’

– Councillor Lisa Matthews

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General Conduct Obligations

Fairness and Equity

• Consider issues consistently,

promptly and fairly

• Take all relevant facts known to you

into consideration and have regard to the particular merits of each case

Harassment and Discrimination

• Do not harass or discriminate

against or support others who harass and discriminate against colleagues

• r members of the public

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‘Protestors hired on Airtasker for $50’

‘Someone paid to facilitate disorder at our council meeting. This is a new low in politics’

– Mayor Jilly Gibson

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Part 4 – Pecuniary Interests – Alignment

Councillors must:

• Prepare and submit to the General Manager written returns of interests:
• Within three (3) months of appointment;
• After 30 June each year; and
• On becoming aware of a pecuniary interest that requires disclosure

but has not yet been disclosed

• Disclose your pecuniary interest in any matter before a Council or

Committee Meeting at which you are present as soon as practicable to that Meeting (Clauses 4.1 to 4.39)

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Requirements for Pecuniary Interests

Prepare & submit written return – 3 months & 30 June each year & on becoming aware Disclose in writing when arise Not participate & At a meeting declare & not be present or in site of the meeting (HSC p11)

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‘Veteran Logan Councillor Fails to Declare Conflict of Interest’

‘During the meetings, matters were discussed about the Lakes Tourist and Resort Development, where one

• r more donors to Cr Lutton’s 2016

election campaign stood to benefit.’

– Spokesperson for the Department of Local Government

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Part 5 – Non-Pecuniary Interests

• A person must disclose a non-pecuniary conflict of interests in relation to

a matter as soon as practicable after becoming aware of the non- pecuniary conflict (Clause 5.6)

• Onus
• n

person with non-pecuniary conflict of interests to identify, declare and manage the non-pecuniary conflict of interests (Clause 5.4)

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Part 5 – Non-Pecuniary Interests

• Non-pecuniary conflict of interests arising from reportable

political donations must be recorded in the Minutes of a Council Meeting (Clause 5.16)

• The Minister may allow a Councillor or Council Committee

Member to participate in a Council or Committee Meeting from which they would otherwise be excluded, to defeat loss

• f quorum (Clause 5.20)
• Personal dealings with Council (Clause 5.29)

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Part 6 – Personal Benefit

Councillors and Council staff are precluded from:

• Participating in competitions for prizes where

eligibility is based on Council being in or entering into a customer-supplier relationship with the competition organiser, or

• Personally benefiting from rewards points

programs when purchasing

• n

behalf

• f

Council (Clause 6.5)

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Part 6 – Personal Benefit

• All gifts or benefits regardless of value must be

reported and recorded in Council’s Gift Register (Clause 6.6)

• Gifts and benefits of token value may be

accepted but must not exceed an aggregated total value of $50 inclusive of GST from a person or organisation over a twelve (12) month period (Clauses 6.8 and 6.12)

• Gifts and benefits of more than token value

must not be accepted (Clause 6.9)

• Offered a gift/ benefit and refused, you still must

record it if you believe it was offered with a suspected improper purpose (HSC)

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Part 7 – Relationships between Council Officials

• New ‘inappropriate interaction’ for councillors with local planning panels

(Clause 7.6)

• No personal attacks on staff or contrary to general conduct provisions in a

‘Public forum’ which now includes social media (clause 7.6)

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Part 8 – Access to Information and Council Resources

• A Councillor

with a conflict

• f

interests which precludes them from participating in relation to a Council matter has the same rights to information relating to that matter as a member of the public (Clause 8.6)

• Not disclose any confidential information discussed

during a confidential session

• f

a Council

• r

Committee meeting or any other confidential forum (E.g. Workshop/ Briefing session) Clause 8.11G

• Council record keeping (Clause 8.22)
• New

standards in relation to internet access (Clauses 8.19)

• Social media Standards (HSC)

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‘A women!!! Your been around too many strong chemicals in the spraying game… Even if she is reasonable, [the former general manager] … left a complete shitfight that only a truly experienced BLOKE could fix.’

• Mr Stephen Stoltenberg

‘Former Mayor Awarded $120,000 Over Defamatory Facebook Posts’

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Maintaining Integrity of the Code

• Support for staff and councillors (HSC)

Support for staff and councillors 9(i) A council official who honestly and faithfully observes the requirements of this Code and any relevant law can expect the publicly expressed support of council and their colleagues against unfair allegations of dishonesty or partiality of their public or professional duties.

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Schedules

• Schedule 1: Disclosures of Interests and Other Matters in Written Returns

Submitted under Clause 4.21

• Schedule 2: Form of Written Return of Interests Submitted under Clause

4.21

• Schedule 3: Form of Special Disclosure of Pecuniary Interest Submitted

under Clause 4.37

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ICAC Operation Dasha

Mr Michael Hawatt, former Councillor Mr Pierre Azzi, former Councillor

ICAC probes Starsky and Hutch councillors

SMH 16 April 2018

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When it all goes wrong…

Former Ryde mayor Ivan Petch found guilty of blackmail charge

SMH 12 October 2018

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Next Step

• Three Codes of Conduct going to council for:
• 1. Councillors
• 2. Staff
• 3. Delegates of council.
• A further part of the resolution is that Council will develop and distribute

two further Codes of Conduct based on the Hornsby Shire Council Code code for:

• Contractors
• Members of Advisory Committees

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