Fixing Council meetings: A strengthened Councillor Code of Conduct

Fixing Council meetings: A strengthened Councillor Code of Conduct

Prior to my election as mayor, Council meetings had seen a pronounced decline in behavioural standards amongst a small group of councillors.  This had led to meetings being unacceptably unruly, disruptive and unpleasant.  In particular, there had been a number of instances where these councillors had completely disregarded the rulings or directions of the previous mayor.  A number of complaints have been made in response to this conduct.

It is important that Council takes action to require all councillors to observe reasonable professional standards of behaviour.  Accordingly, I proposed to the 31 May 2016 Council meeting a substantially strengthened new Councillor Code of Conduct (Code) to improve on the fairly benign Code which had previously been in place.

Upon my election to fill the vacancy in the position of mayor three weeks ago, I signalled to Council and the community that restoring the orderly and efficient functioning of Council meetings would be my main focus in the role.  In my acceptance speech I said:

I was not at the last Council meeting, but the reports I have received from multiple councillors, officers and members of the public have concerned me greatly.  I do not want to go back over past ground, and others can form their own views about where fault reasonably lies for past actions, however I will be focused on chairing the remaining meetings left in this term to ensure:

  • this is a kinder, gentler place;
  • there is freedom of debate and discussion, but within reasonable boundaries;
  • Council business is dealt with efficiently; and
  • officers and councillors are protected from personal attack and aggressive conduct.

At the next ordinary meeting of Council, I will be seeking the support of all councillors around this table to do two things.

Firstly, to adopt a new, significantly strengthened Councillor Code of Conduct which will set clear standards of Councillor behaviour and as well as specific consequences for behaviour which falls below this standard.

And secondly, to support a series of new measures to ensure the efficient conduct of our meetings.

A key part of achieving improved standards of behaviour by councillors is ensuring there are clear, certain consequences for councillors who behave badly.  The new Code is significantly strengthened and more robust than the previous Councillor Code of Conduct which applied.

A councillor who ignores directions or orders of the chairperson of a Council meeting or who otherwise acts in a disorderly manner at Council meetings, can expect to be held accountable for their actions through this completely revised Code.

The Act places obligations on councillors in relation to how they act.  The Act also prohibits certain conduct by councillors and prescribes penalties for councillors who contravene these provisions. As councillors, we undertake to comply with the various provisions of the Act and with the Code.

The Code which I am recommending for adoption by Council is based upon the Municipal Association of Victoria’s (MAV) model code which it recently developed following the state government’s legislative changes to this area.  This proposed Code is substantially different to the previous Code which Council had in place.

The new Code:

  • sets out the standards of conduct expected of elected representatives;
  • endeavours to foster good working relations between councillors to enable councillors to work constructively together in the best interests of the local community;
  • specifically seeks to lift the standard of behaviour of councillors during Council meetings, Council briefing meetings and any other Council related meetings which councillors participate in from time to time; and
  • mandates councillor conduct designed to build public confidence in the integrity of local government.

The Act requires that all councillors sign a written declaration that they will abide by the new Code.  Further, following the coming elections, a person elected to be a councillor is not capable of acting as a councillor until the person has read the Code and made a declaration stating that they will abide by the Code.

I believe that this Code, together with the Supplementary Standing Orders, will likely provide for the strongest councillor behaviour and accountability regime of any Victorian council.  It is my intention that all Monash councillors will be held to account for their performance against both the Code and the Supplementary Standing Orders.

The community expects high standards from the public office holders they elect.  It is appropriate for Council to have in a place robust accountability mechanisms for holding councillors to account for their behaviour.  This Code unashamedly elevates a focus on councillor behaviour at meetings as a proactive and intentional way of addressing something which we collectively must recognise as requiring substantial improvement.

I hope that this Code, coupled with the Supplementary Standing Orders, will provide the catalyst necessary to substantially lift the standard of councillor behaviour at Council meetings.  However if it does not, the Code, together with the powers conferred by Local Law No 1, will ensure that such behaviour is more effectively managed in the future than what has been possible in the past.

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