Local councillors could face longer suspensions, fines in review of code of conduct

Councillors could face harsh new penalties for behaving badly on ratepayers dime under a review of code of conduct laws. See how they could be punished.

Councillors behaving badly, beware — you could be slapped with tougher new sanctions including extended pay freezes and suspension from office over code of conduct breaches under a proposal by Local Government Minister Shelley Hancock.

On Friday, the Minister released the councillor accountability consultation paper, which calls for feedback on a series of changes proposed for dealing with complaints.

Ms Hancock told NewsLocal her “number one goal” would be to address lengthy review times of alleged breaches.

NSW Minister for Local Government, Shelley Hancock speaks during Question Time at NSW Parliament House in Sydney. Picture: NCA NewsWire/Bianca De Marchi/POOL via NCA NewsWire

“Local communities rightly expect their elected representatives uphold the highest

standards of leadership and conduct in carrying out their civic duties,” Mrs Hancock

said. “The Model Code of Conduct in it’s current form does not adequately address all

aspects of councillor conduct, and the consultation paper could not be more timely

with the upcoming local government elections.”

The review assesses whether council general managers and mayors should be the ones to review complaints of councillors behaving badly, or whether the Office of Local Government (OLG) should step in earlier to take over investigations.

Under current rules, councillors can be publicly named and censured, forced to recieve counselling, forced to formally appologise, undertake training, mediation, suspension or have pay withheld for three months by the chief executive of the OLG.

Mayors and councillors could face tough new penalties following code of conduct breaches. Picture: JOHN APPLEYARD

In the past five years the OLG boss has forced just one councillor to recieve counselling, six were reprimanded, seven ordered to “cease engaging in misconduct”, three were ordered to apologise, eight had their pay suspended and four were suspended from civic office.

Under the “model procedures” plan, councils are required to refer councillors behaving badly to the Office of Local Government if the issue is not resolved within 21 days.

However, lengthy delays in investigations has seen reviews extended beyond six months without resolution, with Ms Hancock rallying to reduce delays in investigations.

According to the consultation paper, investigations into code of conduct complaint cost an average of $7,126.

Councils spend upwards of $7000 to review each code of conduct complaint. (AAP Image/Claudia Baxter)

However, Shadow Local Government spokesman Greg Warren said some councils have racked up bills in the “hundreds of thousands of dollars in reviews that have no result”.

Mr Warren said current rules around code of conduct for councillors are seen as a “toothless tiger”.

“This review is very long overdue, under the current circumstances code of conduct is used for political purposes, rather than holding councillors to account,” he said.

“It is timely, costly and the whole system is broken, because it is very rare that councillors are held to account. 

“There needs to be more accountability, including for people making vexatious complaints.”

Greg Warren MP Member for Campbeltown. Picture: NCA NewsWire / Gaye Gerard

Misconduct expert, Gary Kellar, is carrying out the independent review into code of conduct, with the Minister calling on residents and community groups to help strengthen laws for councillors.

Mr Kellar was a member of the expert panel which lead a review of the local government misconduct framework in Queensland.

“The review is examining the effectiveness of penalties available to councils, the Office

of Local Government and the NSW Civil and Administrative Tribunal for councillor

misconduct,” Mrs Hancock said. “It is also looking at the processes for making code of conduct complaints, the way investigations are conducted, the timeliness of disciplinary action, and misconduct frameworks implemented in other jurisdictions.”

You can lodge a submission here.