Code of Conduct Review Panel

EXECUTIVE SUMMARY

In June 2008 the Department of Local Government issued a revised Model Code of Conduct for NSW councils effective from 28 June 2008. The revised Code of Conduct includes an important change to the requirements for the composition of Conduct Review Committees. The revised Code states that now all members of a Conduct Review Committee shall be independent persons appointed by Council. Such persons are to be qualified and of high standing in the community.

The NSROC General Managers Advisory Committee (GMAC) resolved to adopt a regional approach to securing Code of Conduct committee members as this would assist in ensuring consistency in pursuing code of conduct matters across the region, provide a timelier and efficient manner in which to identify and contract panel members, and provide optimum flexibility for councils to chose panel members or sole reviewers as required.

Two General Managers were nominated to execute an Expression of Interest (EOI) process using defined evaluation criteria.

It was also agreed that a set of guidelines and protocols be developed for the uniform conduct of the Review Committees.

The Report recommends the appointment of all respondents to a Panel from which members of Conduct Review Committees/Sole Reviewers can be selected.

PURPOSE/OBJECTIVE

The purpose of the Report is to advise Council of the responses received in respect of an Expression of Interest called for members of Code of Conduct Review Committees and to enable Council to appoint a Panel to conform to the requirements of the Code of Conduct.

DISCUSSION

In June 2008 the Department of Local Government issued a revised Model Code of Conduct for NSW councils effective from 28 June 2008. As a result Council revised its Code of Conduct to reflect the Model Code and this was adopted on 12 November 2008.

Conduct Review Committees

The revised Code of Conduct includes an important change to the requirements for the composition of Conduct Review Committees that previously were comprised of the General Manager, the Mayor and at least one independent person. The revised Code states that now all members of a Conduct Review Committee shall be independent persons appointed by Council; such persons to be qualified and of high standing in the community. They need not be residents of the area and can act in the role for more than one Council. The appointment is for four years.

Section 12 of the Code details the complaint handling procedure for complaints received in respect of the Mayor, Councillors and the General Manager. These complaints, if determined by the General Manager (in the case of Councillors) or the Mayor (in the case of the General Manager) to meet the criteria provided in Section 13 of the Code, are to be reviewed as determined by the General Manager or Mayor by either a conduct review committee or a sole reviewer.

This has necessitated that Council advertise for members of its Conduct Review Committee/Sole Reviewer Panel.

The NSROC General Managers Advisory Committee (GMAC) resolved at its meeting held on 28th August to adopt a regional approach to securing new regional Code of Conduct committee members. This would assist in ensuring consistency in pursuing code of conduct matters across the region, provide a timelier and efficient manner in which to identify and contract panel members and provide optimum flexibility for councils to chose conduct committee members or sole reviewers as required.

The General Managers of Kuring-gai and Ryde were nominated to execute the EOI. It was also agreed that a set of guidelines and protocols be developed for the uniform conduct of the Review Committees.

· Expressions of Interest were advertised in the SMH on the 12th August and the North Shore Times and Northern District Times on the 13th August.

· Expressions of Interest closed on the 3rd September at 3.00 pm, and twelve responses were received.

· 3rd September - Documentation distributed to John McKee and Michael Whittaker.

· 10th September - Evaluation meeting held.

The following Evaluation Criteria was used to assess the EOI applicants:

· Understanding of local government, procedural fairness and ethical decision making.

· Independence and standing in the local community in relation to local Councils in the NSROC region.

· Ability to conduct investigations, review conduct matters and deliberate on these matters.

· Ability to prepare a report to Council on the Conduct Committee’s findings and recommendations.

· Ability to provide the service at a high standard and at a reasonable rate.

· Ability to communicate effectively and work in partnership with officers of Council.

· Ability to provide flexibility and availability of time whenever the Committee is convened.

· Ability to travel throughout the NSROC region.

The results were as follows:

Applicant	Suitable/Not Suitable	Comments
Ian Ellis-Jones	Suitable	Met Criteria. *Unable to be used by LCC and KMC
Bronwyn Connolly	Suitable	Met Criteria
Kath Roach	Suitable	Met Criteria
Mitchell Morley	Suitable	Met Criteria
Christopher Shaw	Suitable	Met Criteria
Melissa Gibbs	Suitable	Met Criteria
Steven Blackadder	Suitable	Met Criteria
Ken Davidson	Suitable	Met Criteria
James Marshall	Suitable	Met Criteria *Location
Claire Brogan	Suitable	Met Criteria
Bernard Smith	Suitable	Met Criteria *Location
John Kleem	Suitable	Met Criteria

* Issue of concern but one which does not preclude the respondent from selection.

The curriculum vitae of respondents to the EOI are available for inspection on Council’s file.

Regional Tool Kit

A Regional Took Kit has been developed by Mr Ian Ellis-Jones for use by Panel Members which includes:-

· Summary of the Provisions of the Model Code of Conduct

· Conduct Review Committee Checklist

· Report to Council Template

· Minutes of Meeting Template

· Standard letter to person subject of the complaint Template

· Standard letter to person subject of the complaint at the Preliminary Stage Template.

· Standard letter to person subject of the complaint at the Enquiries Stage Template.

· Standard letter to the complainant at the Preliminary Stage Template

· Standard letter to the complainant Template

Copy of the Regional Tool Kit is attached to this Report.

BUDGET

There are no budgetary implications from the adoption of this Report.

POLICY

There are no policy implications from the adoption of this Report as the Report relates to the existing requirements of the adopted Code of Conduct.

CONSULTATION

There has been consultation with the General Managers from the NSROC Councils through the General Managers Advisory Committee.

TRIPLE BOTTOM LINE SUMMARY

No Triple Bottom Line assessment is required in respect of this matter.

RESPONSIBLE OFFICER

The General Manager, Mr Robert Ball.

1.	Process Chart
2.	NSROC Code of Conduct Tool Kit 2008 - Explanatory Notes
3.	NSROC Regional Code of Conduct Review - Standard Forms