Pursuant to Section 440 of the Local Government Act 1993, in December 2018 the Council adopted the Model Code of Conduct for Local Councils in New South Wales issued by the Department of Local Government.
Note: When adopting the model code of conduct, district councils should amend it to replace the term "chairman" with "mayor" and "member" with "council member".
GENERAL CONDUCT OBLIGATIONS
You must comply with your duties under the WHS Act and your obligations under any policies or procedures adopted by the council to ensure health and safety at work. a) take reasonable care for your own health and safety. You must avoid any suspicion of improper conduct in the exercise of land use planning, development assessment and other regulatory functions. You must not engage in conduct that disrupts Council or committee meetings or other proceedings of the Council (such as, but not limited to, workshops and .briefing sessions) or that would otherwise be inconsistent with the orderly conduct of meetings.
A nominated person must disclose in writing to the chief executive (or if the person is the chief executive, to the council) the nature of any financial interest the person has in a council matter with which the person is dealing as soon as practicable after being become. aware of the interest. For the purposes of clause 4.18, a “council committee member” includes a member of the staff of the council who is a member of the committee. Such notice is, unless and until the notice is withdrawn or until the end of the council term in which it is given (whichever is earlier), sufficient information of the councillor's or council committee member's interest in a matter relating to specified company, body or person who may be the subject of proceedings in the council or city council after the date of the notice.
NON-PECUNIARY CONFLICTS OF INTEREST
In the case of the general manager, the decision on which option to manage the non-property conflict of interest must be taken in consultation with the mayor and according to his instructions. An employee may not, for payment, engage in private employment, contract work, or other business outside of the council's service that is related to the business of the council or may conflict with the employee's duties in the council, unless they have notified the general manager in writing of the employment, work or business and the general manager has given written consent for the inclusion of the employee in employment, work or business. The Director-General may at any time prohibit a member of staff from engaging in paid private employment, contract work or other business outside the Council's service which is connected with the business of the Council or which may conflict with the staff member's business. council duties.
Gifts and benefits of token value are one or more gifts or benefits received over a 12-month period from a person or organization that, when aggregated, do not exceed a value of $100.
RELATIONSHIPS BETWEEN COUNCIL OFFICIALS
ACCESS TO INFORMATION AND COUNCIL RESOURCES
If you need to amend or dispose of council information or records, you must do so in consultation with the council's records officer and comply with the requirements of the State Records Act 1998. Councilors and administrators who need access to these facilities at other times must obtain authorization from the daily manager.
MAINTAINING THE INTEGRITY OF THIS CODE
Disclosure of Information About the Handling of a Case Under the Procedures 9.9 All allegations of breaches of this Code must be addressed under and in. accordance with the Procedures.
DISCLOSURES OF INTERESTS AND OTHER MATTERS IN
A person returning a refund in accordance with Article 4.21 of this Code must disclose: .. a) a description of each gift received during the period from June 30 of the previous financial year and .. b) the name and address of the donor of each gift. For the purposes of Article 10 of this Schedule, the amount of a gift, other than money, is an amount equal to the value of the property given. For the purposes of Article 13 of this Schedule, the amount of a contribution (excluding a financial contribution) is an amount equal to the value of the contribution.
The stake in the company does not need to be disclosed if it is a legitimate stake in the company's shares that does not exceed 10 percent of the voting rights in the company. A person making a return under clause 4.21 of this Code must disclose particulars of any disposal of immovable property by the person (including the title of the immovable property concerned) during the period from 30 June of the previous financial year pursuant to which he retained, in whole or in part the use and benefit of the immovable property or the right to reacquire the immovable property. A person making a return under clause 4.21 of this Code must disclose details of any disposal of property to another person (including the street address of the property concerned) during the period from 30 June of the previous financial year which was made in accordance with the arrangements. with the person who returns, but does not complete it, as it is a disposal of .., which the person who returns has acquired in whole or in part by using the real estate.
A reference in paragraph 26 of this Schedule to each source of income received or reasonably expected to be received by a person is a reference to: .. a) in relation to income from a person's business:. i) a description of the occupation, and. ii) if the person is employed or holds a position, the name and address of his employer or a description of the position, and (iii) if the person has entered into a partnership with other persons. The source of income need not be disclosed by a person in a return if the amount of income received or reasonably expected to be received by the person from that source did not exceed $500, or was not reasonably expected to exceed $500, in the coincidence. A fee paid to a councilor or to the mayor or deputy mayor under section 248 or 249 of the LGA need not be disclosed.
A liability to pay a debt must be disclosed by a person in a return under clause 4.21, regardless of whether the amount or any part of the amount due is due and payable on the repayment date or at any time between 30 June of the previous fiscal year, as the case may be.
FORM OF WRITTEN RETURN OF INTERESTS SUBMITTED
Information contained in returns made and filed under clause 4.21 must be publicly available in accordance with the requirements of the Government Information (Public Access) Act 2009, the Government Information (Public Access) Regulations 2009 and any guidelines , issued by the Information Commissioner. The street address of each parcel of real estate in which I had an interest on the return date/any time since June 30. 1 Sources of income that I can reasonably expect from employment during the period beginning on the first day after the return date and ending on the following 30 June.
Occupation description Name and address of the employer or description of the position performed (if applicable). 2 Sources of income I reasonably expect to receive from a trust in the period commencing on the first day after the date of return and ending on the following 30 June. 3 Sources of other income that I reasonably expect to receive in the period beginning on the first day after the tax return date and ending on the following June 30.
Positions in trade unions and professional or business associations Name of each trade union and each. The name and address of each person to whom I was liable to pay any debt on the return date/at any time since June 30. 1 Particulars of any disposal by me of real property (including the street address of the relevant property) at any time since June 30, whereby I have retained, in whole or in part, the use and benefit of the property or the right to reacquire the property at a later date.
2 Particulars of each disposition of property to a person by any other person pursuant to arrangements made by me (including the address of the property concerned), being dispositions made at any time since June 30, as a result of which I obtained, either in whole or in part, the use and benefit of the property.
FORM OF SPECIAL DISCLOSURE OF PECUNIARY INTEREST
1 Paragraph 4.1 of the Model Code of Conduct provides that a financial interest is an interest that a person has in a matter because of a reasonable probability or expectation of appreciable financial gain or loss for the person. This form is kept by the council's day-to-day manager and is included in its entirety in the minutes of the meeting]. These procedures (the "Model Code Procedures") are prescribed for the administration of the Model Code of Conduct for Local Councils in NSW (the "Model Code of Conduct").
The Model Code of Conduct has been prepared under section 440 of the Local Government Act 1993 ("LGA") and the Local Government (General) Regulation 2005 ("the Regulation"). Section 440 of the LGA requires all councils (including county councils) and community organizations to adopt a code of conduct incorporating the provisions of the Model Code of Conduct. The General Manager shall designate an employee of the Council or another person (such as, but not limited to, an employee of another Council or an employee of a joint organization or other regional body affiliated with the Council) to act as the Grievance Coordinator.
Part to a member of council staff or to a person or persons outside the council, other than an external agency. The resolution of a code of conduct complaint under this clause is not to be taken as a determination that there has been a breach of the council's code of conduct. if the manager is satisfied, the general manager must notify the complainant in writing of the steps taken to resolve the complaint and this will conclude the matter under these procedures. 14. there has been a breach of the council's code of conduct. 5.25 Where the general manager resolves a code of conduct complaint under clause 5.24 to the general manager's satisfaction, the general manager must notify the complainant in writing of the steps taken to resolve the complaint within 21 days of receiving the complaint and this will complete the examination of the case according to these procedures.
Such a reference must be made under section 26 of the Public Interest Disclosure Act. The general manager may request in writing that the Office enter into a special complaint management arrangement with the council in relation to code of conduct complaints made by or about a person or persons. .