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Councillor Conduct

Please find below the Councillor Conduct section of the Yarra Councillors' Code of Conduct:

1.1  Primary Principle of Councillor Conduct:- Section 76B of the Act

“It is a primary principle of Councillor conduct that in performing the role of a Councillor, a Councillor must –

a) act with integrity, and

b) impartially exercise his or her responsibilities in the interests of the local community, and

c) not improperly seek to confer an advantage or disadvantage on any person.”

1.2.  General Councillor Conduct Principles:- Section 76BA of the Act

 “In addition to acting in accordance with the primary principle of Councillor conduct specified in section 76B, in performing the role of a Councillor, a Councillor must —

(a) avoid conflicts between his or her public duties as a Councillor and his or her personal interests and obligations

(b) act honestly and avoid statements (whether oral or in writing) or actions that will or are likely to mislead or deceive a person

(c) treat all persons with respect and have due regard to the opinions, beliefs, rights and responsibilities of other Councillors, council officers and other persons

(d) exercise reasonable care and diligence and submit himself or herself to the lawful scrutiny that is appropriate to his or her office

(e) endeavour to ensure that public resources are used prudently and solely in the public interest

(f) act lawfully and in accordance with the trust placed in him or her as an elected representative

(g) support and promote these principles by leadership and example and act in a way that secures and preserves public confidence in the office of Councillor.

1.3  Yarra City Council Principles

(a) Councillors will treat all people with courtesy and respect, recognising that there are legitimate differences in opinions, race, culture, religion, language, gender, sexuality and abilities. This includes:         

(i)  treating members of the community and staff with dignity and ensuring that neither offence nor embarrassment are caused
(ii) treating fellow Councillors with respect, including when disagreeing with their views, and
(iii) treating Council staff with courtesy, avoiding intimidatory behaviour, discrimination, disadvantage or adverse treatment or verbal abuse (including bullying, physical or psychological violence or aggression).

(b) Councillors will always act with honesty. This includes:

(i) being honest in all dealings with the community, with other Councillors and with Council staff
(ii) acting with impartiality and in the best interests of the community as a whole, taking all relevant facts into consideration and have regard to the merits of each case
(iii) not acting in ways that may damage the Council or its ability to exercise good government  
(iv) exercising reasonable care and diligence in performing their functions as Councillors, and    
(v) complying with all relevant federal and state legislation and regulations, the Council’s local laws, codes, and policies.

(c) Councillors recognise that they hold a position of trust and will not misuse or derive undue benefit from their positions. 
 
(i) Councillors will comply with the relevant sections of the Act relating to interests and conflicts of interest.
(ii) Councillors will not exercise undue influence on other Councillors, members of Council staff or members of the public to gain or attempt to gain an advantage for themselves or individual constituents. (Refer also Part 10 “Acceptance of Gifts and Hospitality” and Attachment 1 “Gifts received by Councillors Policy”, Part 15 of this Code)

(d) Councillors will exercise appropriate prudence in the use of public resources. This includes:
 
(i) maintaining appropriate separation between their personal property and public property in the care of the Council
(ii) acting in accordance with Council policies in relation to the use of Council provided equipment and resources, and
(iii) ensuring that claims for out of pocket expenses are  accurate and submitted in accordance with Council policy.

(e) Councillors will treat Council information appropriately, by:

(i)  not using information gained only by virtue of being a Councillor for any purpose than to exercise their role as a Councillor 
(ii) respecting the Council’s protocols in relation to public comments and communications with the media
(iii) not releasing information deemed “confidential information” in accordance with section 77 of the Act, and
(iv) recognising the requirements of the Information Privacy Act 2000 and the Health Records Act 2001 regarding the access, use and release of personal information and health information. (Refer also Part 5. Confidential Information and Attachment 5 “Confidential   Information Access Policy”, in Part 15 of this Code)

1.4   Obligations to Council 

That under the Victorian Occupational Health and Safety Act 1985, all employees have a right to work in an environment that is safe and without risks to health. In this regard Council:

• acknowledges the Australian Services Union and other staff Unions and Associations position that staff have a right to work without being subjected to bullying, physical or psychological violence or aggression
• acknowledges that the human and financial cost of bullying, occupational violence and aggression (physical or psychological) is unacceptable and can be prevented
• notes that a Culture of “Accepting Bullying or Violence” will not be tolerated and Councillors will actively support a policy of zero tolerance towards bullying, physical or psychological violence and aggression in the Council workplace
• will adopt and utilise Complaints Management policies and procedures in each workplace
• notes the effective prevention and management of bullying, occupational  violence and aggression (physical or psychological) shall comprise a collaborative approach  between all parties - Council, Councillors, staff and unions.

1.5    Ward Matters

Council’s Electoral Structure is made up of three wards each of three Councillors. The following operational procedures will apply:

(a)  It is the responsibility of each Councillor to ensure that their co-ward Councillors are kept informed of any actions, communications or matters that they are actioning, relating to the ward

(b) Protocols for the conduct and the organising of Consultative or ward meetings will be:

• The preferred method of communication with the “requesting” Councillor and other Councillors is to be via email initiated through the Mayor and Councillor’s Office, with a 24-48 hour response expectation.
  
• Liaison for arranging the details associated with the meeting (dates time, venue, etc) are to be organised with the Councillor requesting the consultative/ward meeting
  
• Other ward Councillors shall be informed by the Mayor and Councillors’ Office of the meeting details via email once the meeting has been arranged
• In cases where the meeting arrangement is made by a non-ward Councillor, the Councillors for the ward are to be advised of the meeting arrangement at the time it is being set up.
• The Chair of the meeting is to be the “requesting” Councillor, unless otherwise arranged between the Councillors.

1.6 Meetings – Conduct

In consideration of the various statutory responsibilities and also the collegiate and electoral expectations on Councillors, the following principles shall apply:

(a) Councillors will endeavour to attend all meetings, briefings and consultations
(b) Councillors will undertake sufficient preparation prior to attendance at meetings, briefings and consultations, by reading prepared material
(c) Councillors will ensure appropriate conduct and extend courtesy, respect, and fairness to their fellow Councillors, staff and any attendees at meetings, briefings or consultations.