13 February 2017
Councillor
(as addressed)
re : Special Meeting
of Council Monday 20 February 2017
Pursuant to the
provisions of Section 84(1) of the Local Government Act 1989, a Special Meeting
of Council has been called to be held on Monday 20 February 2017 at 7.15pm in
the Council Chamber, Municipal Offices, Braeside Avenue, Ringwood, and your
presence is requested.
The
purpose of the meeting is for Council to consider adoption of the revised
Councillors Code of Conduct together with individual Councillors making a
declaration that they have read and will abide by the Code.
Yours faithfully
Steve Kozlowski
CHIEF EXECUTIVE OFFICER
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Council
Chamber
is fitted with a Hearing Aid Induction Loop
Switch
Hearing Aid to ‘T’ for Reception
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City
Offices
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Braeside
Avenue, Ringwood, 3134
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Postal
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PO
Box 156, Ringwood 3134
DX
38068, Ringwood
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Telephone
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1300
88 22 33
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Facsimile
Email
Web
Service
Centres
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Translating and Interpreting Service (TIS): 131 450
National Relay
Service (NRS): 133 677
(03)
9298 4345
maroondah@maroondah.vic.gov.au
www.maroondah.vic.gov.au
Croydon: Civic
Square
Ringwood: 1
Civic Place, Ringwood
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13 February 2017
Chief Executive Officer
Maroondah City Council
re : Special Meeting
of Council Monday 20 February 2017
In accordance with Section
84(1) of the Local Government Act 1989, I hereby call a Special Meeting of
Council to be held on Monday 20 February 2017 at 7.15pm in the Council Chamber,
Municipal Offices, Braeside Avenue, Ringwood.
The
purpose of the meeting is for Council to consider adoption of the revised
Councillors Code of Conduct together with individual Councillors making a
declaration that have read and will abide by the Code.
Yours faithfully
Cr Tony Dib JP
MAYOR
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Council
Chamber
is fitted with a Hearing Aid Induction Loop
Switch
Hearing Aid to ‘T’ for Reception
|
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City
Offices
|
Braeside
Avenue, Ringwood, 3134
|
|
Postal
|
PO
Box 156, Ringwood 3134
DX
38068, Ringwood
|
|
Telephone
|
1300
88 22 33
|
|
Facsimile
Email
Web
Service
Centres
|
Translating and Interpreting Service (TIS): 131 450
National Relay
Service (NRS): 133 677
(03)
9298 4345
maroondah@maroondah.vic.gov.au
www.maroondah.vic.gov.au
Croydon: Civic
Square
Ringwood: 1
Civic Place, Ringwood
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DIRECTOR Corporate Services – Marianne Di Giallonardo
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Councillor Code of Conduct
2017
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Item 1
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Purpose
Council to review and adopt a
proposed revised Councillor Code of Conduct in line with State Government
legislation.
Strategic /
policy issues
The following directions contained
in Maroondah 2040: Our Future Together and the Council plan 2013-2017 (Year 4:
2016-2017) provide the strategic framework that underpins the purpose in this
report.
Outcome Area: A well governed and empowered community.
Our Vision: Maroondah is an effectively empowered community that
is actively engaged in Council decision making through processes that ensure
their voice is heard and considered. Council provides strong and
responsive leadership, ensures transparent processes and works with the
community to advocate and champion their needs.
Key Directions 2016 –
2017:
8.1 Provide enhanced
governance that is transparent, accessible, inclusive and accountable.
Background
The Local Government Act 1989 (the
Act) requires all Councils to develop and maintain a Councillor Code of Conduct
(the Code) and Maroondah has done so since 2004.
Substantive changes were made to
the Code by Council in April 2016 following amendments to the Act. One of
the major changes was the mandatory
requirement for each Councillor to make a declaration that they have read and
will abide by the Code. Failure to make such a declaration – to be
signed and witnessed by the CEO – will lead to disqualification of the
Councillor.
Further legislative changes
introduced last year made it mandatory for the
Code to include an internal resolution
procedure for dealing with any alleged contraventions of the Code. A
Council can also apply sanctions to a Councillor who has been found to have
contravened the Councillor Code of Conduct.
Council
is required to review its Code of Conduct and adopt any amendments to it within
4 months after a general election ie by 22 February 2017.
The majority of proposed changes
are common across the Local Government sector having been sourced from the
MAV’s Model Councillor Code of Conduct that was produced in June
2016. These add further substance to a number of issues already within
the Code.
Issue /
discussion
The Code of Conduct is an
all-inclusive document dealing with the obligations of Councillors including:
· Legislative requirements for the Code, such as
- Dispute resolution processes; and
- Ability of Council to pass a sanction motion against a Councillor
for breaches of the Code.
· Working relationships
- Between fellow Councillors;
- With employees; and
- With members of the community.
· Governance practices.
- Gifts and hospitality – enhanced in this review;
- Bodies able to investigate Councillor behaviour; and
- Devise of property, donation or bequest.
In
detail the changes proposed to be incorporated within the Code - since it
was last adopted in April 2016 – are:-
· Page 1 - Enhanced introduction –
paragraphs 1 and 2. Highlighting the purpose of the Code and that
responsibility falls on individual Councillors to be conversant with the Code.
· Page 6 – clause 7.3 - Elaborating upon
the relationship with and the role of the Chief Executive Officer.
· Page 7 – Section 8, paragraph 1 - Slightly
modifying the emphasis on the Ombudsman’s reports regarding conflicts
within the Local Government sector.
· Page 8 – clauses 8.2 and 8.3 - Enhancing the processes re the
Councillor Gift Register.
· Page 11 – clause 12.6 - replacement of the phrase
“immediate past Mayor” by the inclusion of the term “Deputy
Mayor”.
· Page 14 – clauses 14.3 and 14.4 - requisite changes re Election
Period (Caretaker) provisions
· Page 15 – paragraph 2 – enhanced disclaimer.
· Page 16 - Format of Gifts Register with illustrations of entries
provided.
· Page 17 – Inclusion of the Office of Deputy Mayor within the
Endorsement.
Financial /
economic issues
Not applicable.
Environmental
/ amenity issues
Not applicable.
Social /
community issues
Not applicable.
Community
consultation
The Maroondah community deserves
and expects the highest levels of leadership and associated behaviours of their
elected members. In June 2014,
Council adopted the
“Maroondah 2040‟
Community Vision
as a basis for
service and advocacy directions and targets over the coming years. A well governed community was a prominent aspect of the survey findings for many residents and the
Code is one of the many processes that link together in achieving this outcome.
Conclusion
Council has long held values to
ensure it serves its community with the highest levels of leadership with
associated values and behaviours. The Code of Conduct articulates this
aspiration and signing the Code in addition to each individual Councillor
making a declaration that they have read the Code and will abide by its
provisions is an active acknowledgement of this commitment.
Attachments
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1.⇩
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Councillor
Code of Conduct - Reveiw 2017
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CONFIDENTIALITY
Not Applicable
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RECOMMENDATION
THAT
IN ACCORDANCE WITH THE PROVISIONS OF SECTION 76C OF THE LOCAL GOVERNMENT ACT
1989 (THE ACT), MAROONDAH CITY COUNCIL
1. NOTES IT HAS REVIEWED THE
COUNCILLOR CODE OF CONDUCT, DATED APRIL 2016
2. ENDORSES THE CHANGES PROPOSED AS
AT FEBRUARY 2017 TO THE CODE OF CONDUCT
3. ADOPTS THE CODE – FEBRUARY
2017 - AS ATTACHED TO THE REPORT OF THE DIRECTOR CORPORATE SERVICES AND
PRESENTED TO THE SPECIAL MEETING OF COUNCIL HELD ON 20 FEBRUARY 2017
4. NOTES THAT COUNCILLORS ARE TO
INDICATE THEIR COMMITMENT TO THE 2017 CODE BY SIGNING A COPY OF THE CODE OF
CONDUCT DATED FEBRUARY 2017
5. FURTHER NOTES COUNCILLORS ARE TO
MAKE AN INDIVIDUAL DECLARATION IN ACCORDANCE WITH THE PROVISIONS OF THE ACT
– SECTION 76C - THAT THEY HAVE READ THE 2017 CODE AND WILL ABIDE BY IT;
AND SUCH DECLARATION TO BE IN WRITING, BE MADE BEFORE AND WITNESSED BY THE
CHIEF EXECUTIVE OFFICER
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