AGENDA

Special Meeting of Council

5.00pm Wednesday 15 February 2017

VENUE:
Reception Room,
Bendigo Town Hall,
Hargreaves Street, Bendigo

NEXT ORDINARY MEETING:

6:00pm Wednesday 15 February 2017 and Wednesday 15 March 2017
Bendigo Town Hall

Copies of the City of Greater Bendigo Councils Agendas & Minutes

can be obtained online at www.bendigo.vic.gov.au

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This Council Meeting is conducted in accordance with Local Law No. 8. It is an offence
for any person to engage in improper or disorderly conduct at the meeting.

Council Vision

Greater Bendigo - Working together to be Australia's most liveable regional city.

Council Values
Council wants the community to continue to have reason to be proud of the city and will
do this through:

Transparency - Information about Council decisions is readily available and easily

understood;
Efficiency and effectiveness - Council provides services based on evidence of
need and demonstrates continuous improvement in the delivery of services;
Inclusion and consultation - Council uses a range of engagement strategies to
ensure community members can understand and take part in discussion that
informs the development of new strategies and actions;
Clear decisive and consistent planning - In a rapidly growing municipality, Council
undertakes to plan effectively for our long-term future;
Respect for community priorities and needs - Council will advocate for improved
services for community members and will consider community impact and
feedback the decisions it makes.

Themes

1. Planning for Growth

2. Presentation and Vibrancy
3. Productivity
4. Sustainability
5. Leadership and Good Governance

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SPECIAL MEETING 15 FEBRUARY 2017

ORDER OF BUSINESS:

ITEM PRECIS PAGE

LEADERSHIP AND GOOD GOVERNANCE

1.1 Councillor Code of Conduct 5

____________________________
CRAIG NIEMANN
CHIEF EXECUTIVE OFFICER

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Leadership and Good Governance - Reports Special Meeting - 15 February 2017

ACKNOWLEDGEMENT OF COUNTRY

PRAYER

PRESENT

APOLOGIES

DECLARATIONS OF CONFLICT OF INTEREST

Pursuant to Sections 77, 78 and 79 of the Local Government Act 1989 (as
amended) direct and indirect conflict of interest must be declared prior to debate
on specific items within the agenda; or in writing to the Chief Executive Officer
before the meeting. Declaration of indirect interests must also include the
classification of the interest (in circumstances where a Councillor has made a
Declaration in writing, the classification of the interest must still be declared at the
meeting), i.e.

(a) direct financial interest

(b) indirect interest by close association
(c) indirect interest that is an indirect financial interest
(d) indirect interest because of conflicting duties
(e) indirect interest because of receipt of an applicable gift
(f) indirect interest as a consequence of becoming an interested party
(g) indirect interest as a result of impact on residential amenity
(h) conflicting personal interest

A Councillor who has declared a conflict of interest, must leave the meeting and
remain outside the room while the matter is being considered, or any vote is taken.

Councillors are also encouraged to declare circumstances where there may be a

perceived conflict of interest.

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Leadership and Good Governance - Reports Special Meeting - 15 February 2017

1. LEADERSHIP AND GOOD GOVERNANCE

1.1 COUNCILLOR CODE OF CONDUCT

Document Information

Author Peter Davies, Manager, Executive Services

Responsible Craig Niemann, Chief Executive Officer

Officer

Summary/Purpose

The purpose of this report is to ask the Council to review, approve and adopt the revised
Councillor Code of Conduct in accordance with recent changes to the Local
Government Act 1989 (Principal Act) .

RECOMMENDATION

That Council, having reviewed the attached Councillor Code of Conduct in accordance
with section 76C(2) of the Local Government Act 1989, adopt the Code with no
changes except in the 'Internal Resolution Procedure', changing the naming of the
meetings from 'Councillor Forum to Councillor Briefing' in line with current practice and
that Councillors' sign the Code of Conduct accordingly.

~~~~~~~~~~~~~~~~~~~~~~~~~

Policy Context

Council Plan Reference: Council demonstrates good governance and leadership.

Background Information

The Local Government Amendment (Improved Governance) Act 2015 (amending Act)
came fully into operation on March 1, 2016.

The amending Act makes changes to the Local Government Act 1989, particularly in
relation to councillor conduct processes and consequential amendments to the
Councillor Code of Conduct. These changes are intended to improve the accountability
of councillors. In particular, the changes seek to encourage improved standards of
behaviour in order to strengthen council governance.

These reforms were considered too important to wait for the overarching review of the
Principal Act which is currently underway to be completed.

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Leadership and Good Governance - Reports Special Meeting - 15 February 2017

There is a requirement for the Council to develop and maintain an internal resolution
procedure for the purposes of addressing an alleged contravention of the Councillor
Code of Conduct and for this procedure to be specified in the Code of Conduct.

There is a requirement that a Council must review and make any necessary
amendments to its Councillor Code of Conduct within four months of an election by
calling a special meeting solely for the purpose of reviewing the Councillor Code of
Conduct; and, at that special meeting, approving any amendments to be made to the
Councillor Code of Conduct determined by the Council to be necessary following the
review of the Councillor Code of Conduct.

Report

The Code of Conduct is based on the Code of Conduct for Directors and statutory office
holders in the Victoria Public Sector and is readily understandable by Councillors and the
community.

In accordance with the Principal Act, the purpose of this report is to ask the Council to
review, approve and adopt the attached draft updated Councillor Code of Conduct.

This must be approved within four (4) months of the election pursuant to section 76C(2)
of the Principal Act.

The Council should note that this Code was in place at the general election October 22,
2016 and, consequently, is the Code of Conduct for the new incoming councillors which
each declared they would abide by and signed before they commenced office.

If any Councillor does not comply with section 76(A) to sign the Code of Conduct within
one (1) month of this meeting, they will be disqualified as a Councillor under Section
29(1)(ea) of the Act.

Resource Implications

There are no resource implications in Council reviewing, approving and adopting the
attached Councillor Code of Conduct.

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Leadership and Good Governance - Reports Special Meeting - 15 February 2017

CITY OF GREATER BENDIGO

Councillor Code of Conduct

1. Introduction

This Code has been developed in accordance with section 76C of the Local
Government Act 1989 as amended and effective from March 1, 2016

Councillors will observe and demonstrate the exemplary standards of conduct that the
local community has the right to expect of its elected representatives. These standards
are the Councillor Conduct Principles.

2. Councillor Conduct Principles

(1) Responsiveness Councillors will demonstrate responsiveness by:

(a) responding to residents, support staff and the Mayor in a timely manner; and
(b) abiding with requirements of policies that are adopted by Council and apply to
Councillors

(2) Integrity Councillors will demonstrate integrity by:

(a) being honest, open and transparent in their dealings; and

(b) reporting improper conduct; and
(c) avoiding any real or apparent conflicts of interest;
(d) striving to earn and sustain public trust of a high level; and
(e) using Council resources only for the purpose intended.

(3) Impartiality Councillors will demonstrate impartiality by:

(a) making decisions on merit and without bias, favouritism or self-interest; and
(b) acting fairly by objectively considering all relevant facts and fair criteria.

(4) Accountability Councillors will demonstrate accountability by:

(a) working to clear objectives in a transparent manner; and
(b) accepting responsibility for their decisions and actions; and
(c) seeking to achieve best use of resources; and
(d) submitting themselves to appropriate scrutiny; and
(e) maintain confidentiality as determined by the Council.

(5) Respect Councillors will demonstrate respect for colleagues, members of

staff and members of the community by:

(a) treating them fairly and objectively; and

(b) ensuring freedom from discrimination, public criticism, harassment and bullying;
and
(c) using their views to improve outcomes on an ongoing basis.

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Leadership and Good Governance - Reports Special Meeting - 15 February 2017

(6) Leadership Councillors will demonstrate leadership by actively

implementing, promoting and supporting these values of responsiveness,
integrity, impartiality, accountability and respect.

3. Internal Resolution Procedure

(1) The internal resolution procedure applies where a councillor or group of

councillors allege a contravention of the Councillor Code of Conduct by a
councillor.

(2) The procedure is not intended to resolve differences in policy or decision making
which are appropriately resolved through discussion at a Councillor Briefing and
voting in council meetings.

(3) Where a councillor or group of councillors allege a possible contravention of the

Councillor Code of Conduct that, on the face of it, appears to be frivolous,
unsubstantiated or misconceived, such a matter, if appropriate, should be brought
to the next Councillor Briefing for discussion with a view to clarifying the issue
forming the basis of the allegation and, if possible, early resolution of the matter.

(4) Where a councillor or group of councillors allege a contravention of the Councillor

Code of Conduct by a councillor that cannot be resolved through discussion at a
Councillor Briefing, the allegation is to be made to the Principal Conduct Officer
with a request that the Internal Resolution Procedure be activated.

(5) If appropriate, and with the consent of the parties, the Principal Conduct Officer
will arrange for a formal mediation by a suitably qualified and experienced external
mediator who is agreeable to both parties.

(6) The mediator will arrange for an expeditious hearing of the matter and the parties
concerned will act in good faith in an endeavour to reach a satisfactory resolution
and, to this end, all councillors agree to co-operate with the resolution process.

(7) The mediator will provide a written report of the outcome of the mediation to the
Principal Conduct Officer.

(8) If mediation fails or is not reasonable to be held into circumstances, an arbiter who
is suitably independent and able to carry out the role of arbiter fairly, is to be
appointed by the Principal Conduct Officer.

(9) The arbiter will

(a) consider applications alleging a contravention of the Councillor Code of

Conduct by a councillor;

(b) ensure that parties affected by an application alleging a contravention of the

Councillor Code of Conduct are given an opportunity to be heard by the
arbiter;

(c) conduct proceedings with as little formality and technicality as the proper
consideration of the matter permits and without representation;

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Leadership and Good Governance - Reports Special Meeting - 15 February 2017

(d) make findings in relation to any application alleging a contravention of the

Councillor Code of Conduct;

(e) provide a full copy of the written report to the Council for determination in
accordance with the Act, which will be in two parts: the first part will contain the
findings and decision in respect of the application; and the second part, which
will be confidential, will give written reasons for any findings made; and

(f) provide the councillor, who is the subject of any application alleging a
contravention of the Councillor Code of Conduct, with a full copy of the report.

(10) Given that the role of the arbiter will require assessing evidence, applying the
principles of natural justice and writing decisions or judgments based on
findings of fact, the Principal Conduct Officer will select an arbiter who is a
suitably qualified, independent and experienced legal practitioner.

Note: Mediation would not be held if there was no willingness on the part of the
Councillors involved to resolve the matter and in circumstances where the breach of the
Code of Conduct does not involve another party.

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Leadership and Good Governance - Reports Special Meeting - 15 February 2017

I hereby declare that I have read the Councillor Code of Conduct for Greater Bendigo
City Council adopted on 15 June 2016 and reviewed on 15 February 2017 and declare
that I will abide by this Code.

Councillor Date CEO

Cr Jennifer Alden .

Cr Matt Emond .

Cr George Flack ..

Cr Rod Fyffe .

Cr Julie Hoskin .

Cr Andrea Metcalf ...

Cr Margaret ORourke

Cr James Williams ..

Cr Yvonne Wrigglesworth ..

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