1. Purpose

2. Scope

3. References

4. Definitions

5. Council Policy

6. Quality Records

Attachments

COUNCILLOR CODE OF CONDUCT

1. Introduction

1. the principles of good governance;
2. discharging their responsibilities to the best of their skill and judgment; and
3. working together in the best interests of the people within the municipality

2. Councillor Conduct Principles

2.1 Primary principle

• Act with integrity;
• Impartially exercise his or her responsibilities in the interests of the local community; and
• Not improperly seek to confer an advantage or disadvantage on any person.

2.2 General principles

• Avoid conflicts between his or her public duties as a Councillor and his or her personal interests and obligations;
• Act honestly and avoid statements (whether oral or in writing) or actions that will or are likely to mislead or deceive a person;
• Treat all persons with respect and have due regard to the opinions, beliefs, rights and responsibilities of other Councillors, Council officers and other persons;
• Exercise reasonable care and diligence and submit himself or herself to the lawful scrutiny that is appropriate to his or her office;
• Endeavour to ensure that public resources are used prudently and solely in the public interest;
• Act lawfully and in accordance with the trust placed in him or her as an elected representative; and
• Support and promote these principles by leadership and example and act in a way that secures and preserves public confidence in the office of Councillor.

3. Values and Behaviours

3.1 Integrity

• Act on their commitments;
• Be open, transparent, ethical and honest in their actions; and
• Share information.

3.2 Responsibility

• Be accountable for their decisions and everything they do;
• Take pride in the job they are doing;
• Be loyal and support their colleagues and the organization; and
• Take responsibility for problem solving.

3.3 Innovation

• Look for and implement better ways of doing things;
• Be open to learning; and
• Be responsive to the changing needs of the community.

3.4 Respect

1. Listen and seek to understand the views of others;
2. Be considerate and courteous;
3. Recognise everyone’s contribution and value a job well done; and
4. Build positive relationships.

Roles and Responsibilities

4.1 The Mayor

4.2 Portfolios

1. receiving and providing preliminary feedback in relation to issues impacting on the portfolio;
2. increasing their level of knowledge, understanding and involvement in the area; and
3. functioning as a Council spokesperson, where appropriate, in matters that arise in relation to their portfolio.

4.3 Councillors

1. strive to achieve the best outcomes for the City by working with colleagues and staff in an atmosphere of mutual respect;
2. be honest and open with other Councillors;
3. recognise and respect the strengths and weaknesses of fellow Councillors and where possible offer encouragement and support;
4. ensure punctual attendance at meetings;
5. debate contentious issues without resorting to personal acrimony or insult; and
6. refrain from personal attacks on other Councillors and focus on the issue at hand.

4.4 Chief Executive Officer and Administration

1. act respectfully towards staff dealing in a professional, courteous, fair, equitable and honest manner and avoiding intimidating behaviour;
2. commit to working co-operatively with staff to achieve the Council’s goals;
3. develop mature and constructive working relationships based on mutual trust, respect and a recognition of common goals;
4. understand and respect the distinction in roles of Councillors and staff, acknowledging that the Chief Executive Officer is responsible for the operations of Council and management of staff.  Councillors will not involve themselves, directly or indirectly, in any personnel matter relating to a Council officer;
5. acknowledge that Councillors must not direct or instruct members of staff in the performance of their duties;
6. acknowledge that access to Staff in the Office of the Mayor & Councillors shall be available in accordance with approved protocols;
7. refrain from using the Councillor position to improperly influence members of staff in their duties or functions or to seek preferential treatment or gain an advantage for themselves or others;
8. advise the Chief Executive Officer in a timely fashion of any concerns that a Council officer has acted contrary to a formal Council policy or decision.  Any discussions pertaining to the performance of a Council officer must be held privately with the Chief Executive Officer or appropriate General Manager in a constructive manner; and
9. refrain from publicly criticising staff in a way that casts aspersions on their professional competence or credibility.

4.5 The Community

1. respectfully deal with members of the community in a courteous, fair, equitable and honest manner;
2. strive to understand  and respect different points of view within the community;
3. be available to listen and respond to community concerns, but will avoid promising things which cannot or may not be delivered;
4. make decisions in the best interest of the community after considering all relevant interests and points of view;
5. be cognisant of the principles of procedural fairness prior to making statements on issues upon which public submissions have been invited;
6. encourage partnerships with the community so that mutual strengths can be utilised to achieve common goals; and
7. encourage understanding and harmony and discourage divisiveness among citizens of the City of Greater Geelong.

5. Dispute Resolution

1. A written report (complaint) will be furnished by a Councillor to the Mayor detailing an alleged breach of the Code specifying the relevant provisions of the Code of Conduct.
2. Within 5 working days of receipt of the complaint, the Mayor will:
   1. provide written acknowledgment of receipt of the complaint;
   2. provide a copy of the complaint to the Councillor concerned; and
   3. attempt to facilitate a resolution.
3. The Mayor may call upon the Chief Executive Officer for advice and guidance at this point in the process. The Mayor may appoint an independent expert to express an opinion in relation to the dispute.
4. If the matter is not able to be satisfactorily resolved, the Mayor shall appoint an Independent Appointee conciliator, being a person suitably qualified in mediation or conciliation nominated by the President of the Law Institute of Victoria.
5. If an Independent Appointee is appointed all Councillors shall cooperate in the dispute resolution process and provide reasonable assistance to the Independent Appointee as requested.
6. Following mediation a report is to be prepared for the Mayor by the Independent Appointee which sets out the outcome of the mediation and may include any general recommendations which may be of assistance to Council. This report is to be provided within 21 days of appointment of the Independent Appointee or such other reasonable time as agreed by the Mayor.  The report will be subsequently presented during a closed section of a Council meeting.
7. In the event that the Mayor or Deputy Mayor is either a complainant or a respondent, another Councillor determined by Council shall assume the role of the Mayor for the purposes of this part of the Code.
8. In the event that the above internal processes fail to reach a resolution, the matter may be formally referred to either the Councillor Conduct Panel in the first instance or the VCAT. The process for formal resolution is outlined in Part 4 of the Act.

6. Sanctions or Referral to Councillor Conduct Panel

1. Require the Councillor to apologise to the person concerned;
2. Request a formal public apology;
3. Pass a sanction motion at a Council Meeting;
4. Make public disclosures of inappropriate conduct (such as making the community aware of the breach through the media or Annual Report);
5. Refer the matter to an appropriate investigative body if the matter is serious;
6. Withdraw or re-allocate any Portfolio responsibilities or Chairperson role held by the Councillor; and
7. Withdraw or re-allocate any appointment of the Councillor to a Committee.

7. Councillor Signatures