Code of Conduct checklist for NSW councillors

Code of Conduct Checklist

1.      Request all communication be in writing. Do not respond to phone calls requesting an informal conversation (at least not until you have been provided with a copy of the allegation in writing).

2.      Once you have received notice of an allegation either verbally or in writing consider seeking legal assistance regardless of whether this communication is a preliminary inquiry or a Notice of Investigation.

3.      If you have received a Notice of Investigation ensure that the each allegations:

·         is clearly stated;

·         lists which clause of the Code of Conduct you are alleged to have breached for each specific allegation

·         for each allegation includes a statement of the evidence which is said to support the allegation

4.      If there is insufficient information in the Notice request further particulars within 7 days of receiving the Notice.

5.      If the Notice does not already identify the complainant you should at least request the Conduct Reviewer to disclose the identity of the complainant. The reviewer is obliged to disclose a complainant’s identity if it is a Councillor.

6.      A General Manager must decide whether the complaint must be referred to the Office of Local Government (e.g. a pecuniary conflict or an alleged breach of the integrity of the Code i.e. Part 9), or determine that the complaint can be dealt by alternate means including, counselling, training or mediation, or; refer the complaint to the Complaints Co-ordinator who must then engage a Conduct Reviewer within 21 days of the referral (Clause 6.1).

7.      A Conduct Reviewer may also seek to resolve the matter by explanation, counselling, training, mediation, informal discussion, negotiation, a voluntary apology or an undertaking not to repeat the offending behaviour; referral back to the General Manager for alternate resolution, refer the matter to an external agency, or investigate the complaint.

8.      A Councillor who makes a complaint, and a Councillor who is subject to a complaint cannot vote on the Final Investigation Report if it is referred to a Council meeting.

9.      Generally a Councillor can make written submission in response to the Notice of Investigation and again in response to the Draft Investigation Report.

This checklist is not legal advice.