The Office of Local Government has released a discussion paper seeking community feedback on a new framework concerning local councillor conduct and meeting practices.
The paper says, ‘Unfortunately, the existing councillor conduct framework is not delivering on the need for transparency or the necessary degree of respect in the community for the role that councillors have.’
The OLG has noted the growth in the number of complaints, ‘often over trivial issues’, and is particularly concerned at the lack of respect for mayors. It proposed giving them the ability to dock pay from councillors, and force apologies.
Across NSW, from 2020 to 2023 there were 4,289 complaints made via the local government code of conduct process, resulting in 14 suspensions or reprimands of councillors, with four of those referred to NCAT, and one councillor being dismissed as a result of ICAC investigations.
Describing most of these complaints as ‘frivolous’, the OLG is now considering delegating additional powers to deal with them.
Key proposals
This discussion paper which is now online includes the following proposals:
- Make OLG directly responsible for dealing with pecuniary interest and significant non-pecuniary conflicts of interest, with sanctions (suspensions and loss of pay) being determined by an appropriate tribunal or body,
- Refer behavioural based concerns about councillor conduct to a State-wide panel of experienced councillors to judge their peers,
- Reset the code of conduct to be similar to Parliamentary Codes, making it clear the expected patterns of councillor behaviour,
- Ensure the community can observe local democratic processes by banning closed to the public briefing sessions, while at the same time restoring the dignity and prestige of the council chamber.
The OLG says these changes are only proposed for councillors, with no new processes proposed for local government staff’s code of conduct.
The Office of Local Government says it is now seeking the views of the community, key stakeholders and the local government sector about the proposed changes, with submissions being accepted until COB Friday 15 November 2024.
Fine print
Page 17 of the discussion paper asks the question, ‘Are there any other powers that need to be granted to the mayor or chair of the relevant meeting to deal with disorderly behaviour?’
The document suggests that ‘dignity and reverence for tradition’ could be served by reforming the powers of mayors to expel councillors for acts of disorder ‘and to remove the councillor’s entitlement to receive a fee for the month in which they have been expelled from a meeting.’
Councillors will also be forced to apologise for infractions, instead of simply avoiding the request, as Cr Rod Bruem did in the last term of Ballina Council. Councillors will also be expected to stand when the mayor enters or leaves the chamber (like magistrates).
The proposed reforms will also expand the grounds for mayors to expel members of the public from the chamber.
The OLG says it is now seeking the views of the community, key stakeholders and the local government sector about the proposed changes, with submissions will be accepted to COB Friday 15 November 2024.
Ballina example
While many of the proposed reforms will likely be welcomed by both councillors and the general public, they will also open the door for grandstanding and power plays from mayors.
Consider the somewhat surreal case of Ballina Shire Council’s last meeting.
When Cr Kiri Dicker was making a speech about development in Lennox Head, and infrastructure not keeping up with rapid population growth, she said ‘this council, previous councils and the planning department were green lighting thousands and thousands of new homes, all of this greenfield development…’
Mayor Sharon Cadwallader cut her off at this point, taking exception to the phrase ‘green lighting’ development, although as Cr Dicker pointed out, the term simply means approving development, which is exactly what has been happening, in Lennox Head even more than most places in NSW.
The mayor demanded that Cr Dicker withdraw her comment on the grounds that she ‘was making personal reflections on staff and councilors, and that is a clear breach of the Code of Conduct’.
Cr Dicker said it wasn’t, and she wouldn’t. Ballina GM Paul Hickey was then brought in to explain the rules relating to the direction of the chair, which resulting in more time wasting before the council meeting was adjourned for fifteen minutes.
After that, Cr Dicker once again refused to apologise for using the term ‘green lighting’, and the meeting resumed.
All in all, a strange little interlude, which could have ended quite differently if the rules relating to mayoral power proposed by the OLG are adopted in full.
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