Improper Direction and Improper Influence
Please find below the Improper Direction of Improper Influence section of the Yarra Councillors' Code of Conduct:
3. Improper Direction and Improper Influence:- Section 76E of the Act
(1) A Councillor must not improperly direct or improperly influence, or seek to improperly direct or improperly influence, a member of Council staff in the exercise of any power or in the performance of any duty or function by the member.
(2) A Councillor must not direct, or seek to direct, a member of Council staff:
(a) in the exercise of a delegated power, or the performance of a delegated duty or function of the Council, or
(b) in the exercise of a power or the performance of a duty or function exercised or performed by the member as an authorised officer under this Act or any other Act, or
(c) in the exercise of a power or the performance of a duty or function the member exercises or performs in an office or position the member holds under another Act, or
(d) in relation to advice provided to the Council or a special committee, including advice in a report to the Council or special committee.
(3) This section does not apply to a decision of the Council or a special committee that is made within the powers, duties or functions conferred under this or any other Act.
A Councillor must not intimidate or use such behaviour towards a member of Council staff in the exercise of any power or in the performance of any duty or function by the member.
Additional to the relevant sections of this Code, the Staff Code of Conduct document sets out the relationship between Councillors and Council staff, defines the roles of the Chief Executive Officer, management and staff and importantly, sets out the manner in which those parties and their respective roles require to interact.
3.1 Obligations of Councillors
Each Council is a statutory corporation. The Councillors are the governing body of the corporation. Councillors have the responsibility of directing and controlling the affairs of the Council in accordance with the Act. Councillors are encouraged to maintain communication with staff, however Councillors must observe the requirements of Section of the Act and:
(a) refrain from directing Council staff other than by giving appropriate direction to the Chief Executive Officer in the performance of Council’s functions by way of Council or committee resolution,
(This obligation does not apply to the Mayor and Councillors giving direction to the Executive Assistant and staff of the Mayor and Councillors’ Office.)
(b) not issue instructions to any of Council’s contractors or tenderers, including Council’s legal advisers.
The effect of Section 76E of the Act means Councillors whilst communicating with staff on day to day Council issues, will not directly or indirectly instruct or coerce staff to take a particular position in the performance of their work, or recommendations they should make.
The following interactions are inappropriate:
- Councillors approaching staff directly on individual staffing matters
- Councillors approaching outside organizations, for example industrial organizations, in relation to staffing matters that relate to individual staff members rather than broader industrial policy issues.
3.2 Reporting Breaches, Complaint Handling Procedures & Sanctions
Councillors should report any instances of suspected inappropriate or corrupt conduct, maladministration and/or serious and substantial waste of public resources to the Chief Executive Officer.
The Chief Executive Officer will make enquiries, or cause enquiries to be made, regarding complaints submitted or referred to the Council.
(Refer Attachment 3: Council’s “Council Values and Staff Conduct Policy” and Attachment 4 “Complaints Management Policy”, Part 15 of this Code).
3.3 Breach of the Code of Conduct-
For the purposes of the Act, failure by a Councillor to comply with an applicable requirement of this code of conduct constitutes a breach.
Further Information
Ivan Gilbert
Executive Manager – Governance
9205 5110
Ivan.Gilbert@yarracity.vic.gov.au
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