Notice of Motion Kath Roach 20 March 2019
Notice of Motion THAT Council: 1. Note that the ICAC has published best- practice guidelines to guide councillors, proponents of development and lobbyists in relation to land use planning and development assessment Add Client Logo Here
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 officers and to submit their arguments/proposals in writing prior to the meeting. Add Client Logo Here
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 other 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. Add Client Logo Here
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 Add Client Logo Here
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 Add Client Logo Here
Code of Conduct Update Notice of Motion Workshop Kath Roach 20 March 2019
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, - or work below or beyond a worker’s skill level • ‘Reasonable actions’ management 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) Add Client Logo Here
Part 3 – General Conduct Obligations • Extended the provisions to include Land Use Planning, DA and other 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 • Public Comment (HSC) Add Client Logo Here
‘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 … has … He is wrong. His conduct 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 Add Client Logo Here
‘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 or harassed in my workplace by anybody. ’ – Councillor Lisa Matthews Add Client Logo Here
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 or members of the public Add Client Logo Here
‘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 Add Client Logo Here
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) Add Client Logo Here
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) Add Client Logo Here
‘Veteran Logan Councillor Fails to Declare Conflict of Interest’ ‘During the meetings, matters were discussed about the Lakes Tourist and Resort Development, where one or more donors to Cr Lutton’s 2016 election campaign stood to benefit. ’ – Spokesperson for the Department of Local Government Add Client Logo Here
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 on person with non-pecuniary conflict of interests to identify, declare and manage the non-pecuniary conflict of interests (Clause 5.4) Add Client Logo Here
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 of quorum (Clause 5.20) • Personal dealings with Council (Clause 5.29) Add Client Logo Here
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 on behalf of Council (Clause 6.5) Add Client Logo Here
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) Add Client Logo Here
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) Add Client Logo Here
Part 8 – Access to Information and Council Resources • A Councillor with a conflict of 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 of a Council or 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) Add Client Logo Here
‘Former Mayor Awarded $120,000 Over Defamatory Facebook Posts’ ‘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 Add Client Logo Here
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