Complaints Against Councillors Policy | City of Casey
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Endorsed: 31 January 2016

Complaints Against Councillors Policy

Version 1.7

Purpose and Intent

This Policy guides how a complaint from a member of the community against a Councillor, or where a Councillor is the subject of a complaint against Council, is to be investigated.

Councillors work hard to achieve the best outcomes for the municipality. Occasionally their conduct may cause concern for some members of the community. This Policy has been put in place to ensure a consistent and fair approach in dealing with complaints against Councillors. Implementation will be guided by relevant legislation, including the Privacy and Data Protection Act 2014.

Scope

This Policy does not apply in the case of complaints which must legally be addressed in some other manner (such as a Protected Disclosure in relation to a Councillor under the Protected Disclosure Act 2012, or the Councillor Conduct Panel provisions of the Local Government Act 1989), or which, in the opinion of the Chief Executive Officer:

  • are frivolous or vexatious,
  • can be resolved without an investigation, or
  • are not related to the Councillor’s role as a Councillor.

Definitions

Key term

Definition

Council

means Casey City Council, being a body corporate constituted as a municipal Council under the Local Government Act 1989

 

Councillors

means the individuals holding the office of a member of Casey City Council

 

Council officer

means the Chief Executive Officer and staff of Council appointed by the Chief Executive Officer.

 

Policy

Use of an External Investigator

Upon receipt of a complaint against a Councillor, or where a Councillor is the subject of a complaint against Council, the Chief Executive Officer may engage an appropriately qualified independent external investigator, based on the recommendation of the Law Institute of Victoria, to investigate the complaint.

Councillors and Council officers shall cooperate fully with the investigator and have the right to the presence of another individual of their choosing during any discussions with the investigator.

The external investigator shall forward a report on the outcomes of the investigation, including any recommendations, to the Chief Executive Officer.

Committee of Council

Council shall form a Committee of all Councillors, excluding the Councillor or Councillors who are the subject of the complaint, to consider the independent external investigator’s report.

Responsibilities

Who

What

Chief Executive Officer

Has the responsibility to engage a qualified, independent investigator to investigate the complaint. 

Councillors

Councillors shall form a Committee of all Councillors, excluding the Councillor or Councillors who are the subject of the complaint, to consider the independent external investigator’s report.

Breaches

NA

Relevant Forms

NA

Document History

Date approved

Change Type

Version

Next Review Date

18 July 2019

Administrative: Transfer to new template

1.6

16 August 2022

16 August 2018

Administrative

1.5

16 August 2022