Pursuant to Section 440 of the Local Government Act 1993, the Council adopted the Model Code of Conduct for Local Councils in New South Wales which was issued by the Department of Local Government in December 2018.
Note: When adopting the Model Code of Conduct, county councils should adapt it to replace the term "chairman" with "mayor" and "member" with "councillor".
GENERAL CONDUCT OBLIGATIONS
You must comply with your duties under the WH&S 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 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. If you are a councillor, you must not engage in disorderly conduct or other conduct intended to prevent the council or any committee of the council from functioning properly or effectively.
A designated person must disclose in writing to the chief manager (or if the person is the chief manager, to the council) the nature of any pecuniary interest the person has in any council matter with which the person deals as soon as practicable after he becomes . aware of the interest. For the purposes of clause 4.18, a "council committee member" includes a member of the council staff who is a member of the committee. Such notice is, unless and until the notice is withdrawn or until the end of the term of the board in which it is given (whichever is the first), sufficient disclosure of the board member's or board committee member's interest in a matter in relation to the said company, body or person which may be the subject of consideration by the board or board committee after the date of the notice.
NON-PECUNIARY CONFLICTS OF INTEREST
In the case of the general manager, the decision as to which option should be taken to manage a non-proprietary conflict of interest should be made in consultation with and under the direction of the mayor. A member of staff must not engage, for remuneration, in private employment, contract work or other business outside the service of the council which relates to the work of the council or which may conflict with the member of staff's council duties, unless they have notified the general. the manager of employment, work or business and the general manager has given written approval for the staff member to engage in employment, work or business. The general manager may at any time prohibit a member of staff from engaging, for remuneration, in private employment, contract work or other business outside the service of the council which is connected with, or which may conflict with, the work of the council with staff members. council duties.
Gifts and benefits of token value are one or more gifts or benefits received from an individual or organization over a 12-month period that, when aggregated, do not exceed a value of $50. A councilor will not be in breach of this clause when they seek to influence other council officers through the proper exercise of their role as prescribed in the LGA.
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 9.10 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.
An interest in a corporation need not be disclosed if the interest is a beneficial interest in stock in a company 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 street address of the property affected) in the period from 30 June of the preceding financial year, in accordance to which they wholly or partially retained the use and benefit of the property or the right to recover the property. A person making a return under clause 4.21 of this code must disclose particulars of any disposal of immovable property to another person (including the street address of the property affected) in the period from 30 June of the previous financial year , which is made under arrangements with, but not made by, the person making the return, being a disposition under which the person making the return has obtained the whole or part of the use of the property.
A reference in clause 26 of this schedule to each source of income received by a person, or reasonably expected to be received, is a reference to: .. a) in relation to income from an occupation of the person: i) a description of the occupation, and. ii) if the person is employed or the holder of an office, the name and address of their employer, or a description of the office, and (iii) if the person has entered into a partnership with other persons. The source of any 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 did not reasonably expected to exceed $500, as it may be. A fee paid to a councilor or to the mayor or deputy mayor under sections 248 or 249 of the LGA need not be disclosed.
An obligation to pay a debt must be disclosed by a person in a statement under clause 4.21, regardless of whether the amount, or part of the amount due, became due and payable on the return date or at any time during the period after on 30 June of the previous financial year, as the case may be.
FORM OF WRITTEN RETURN OF INTERESTS SUBMITTED
Information contained in statements made and submitted under clause 4.21 must be made available to the public in accordance with the requirements of the Government Information (Public Access) Act 2009, the Government Information (Public Access) Regulations 2009 and any guidance issued by the Information Commissioner. The street address of each parcel of real property in which I had an interest on the date of the return/at any time since June 30. 1 Sources of income I reasonably expect to receive from an occupation in the period beginning on the first day after the return date and ending on the following June 30.
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. Name and address of each person to whom I owed a debt on the date of return/any time since June 30. 1 Details of any disposal of property by me (including the address of the affected property) at any time since June 30 that would result in my losing the use and benefit of the property or the right to return the property at a later date to acquire.
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 have obtained, either in whole or in part, the use and benefit of the property.
FORM OF SPECIAL DISCLOSURE OF PECUNIARY INTEREST
1 Clause 4.1 of the Model Code of Conduct provides that a pecuniary interest is an interest that a person has in a matter because of a reasonable likelihood or expectation of substantial financial gain or loss to the person. This form must be kept by the general director of the council and included in full in the minutes of the meeting]. The Model Code of Conduct is made under section 440 of the Local Government Act 1993 (“LGA”) and the Local Government (General) Regulations 2005 (“the Regulations”).
Section 440 of the LGA requires each council (including county councils) and joint body to adopt a code of conduct incorporating the provisions of the Model Code of Conduct. The general manager may appoint other staff members of the council or other persons (such as, but not limited to, staff members of another council or staff members of a joint organization or other regional body connected to the council) to act. as substitutes for the complaint coordinator. Part to a staff member of the council or to a person or persons outside the council other than an external agency.
The decision of a code of conduct complaint under this section shall not be regarded as a finding that there has been a breach of the council's code of conduct. satisfaction of the Manager, the General Manager shall notify the Complainant in writing of the steps taken to resolve the complaint and this shall conclude consideration of the matter under these procedures. The decision of a code of conduct complaint under this section shall not be regarded as a finding that there has been a breach of the council's code of conduct. The determination of a code of conduct complaint under this section shall not be construed as a finding that there has been a breach of the council's code of conduct. 5.32 Where the mayor resolves a code of conduct complaint in accordance with clause 5.31 to the mayor's satisfaction, the mayor must notify the complainant.
Such reference must be made pursuant to Section 26 of the Public Interest Disclosure Act. The Chief Executive may request the Bureau in writing to enter into a special complaint management arrangement with the City regarding Code of Conduct complaints made by or about any person or persons. The general manager is responsible for arranging for the implementation of the recommendation(s) where the report relates to the actions of a council member. The mayor is responsible for arranging for the implementation of the recommendation(s) insofar as the report relates to the general manager's conduct.