Tomorrow night’s council meeting has a recommendation from its Local Laws review committee regarding the Councillor Code of Conduct. The recommendation reads – “No changes suggested’. Hence, it seems that Lipshutz, Tang and Pilling are satisfied with the current document!

Most of the current crop of Councillor Code of Conduct documents closely follow the stipulations set out in the Local Government Act. The act covers things like conflict of interest, integrity, honesty, community participation, etc. etc. It is relatively straight forward and most councils have policies which refer to, or cite the act –  and that’s it! Straight forward, no semantics, no ambiguity, no ‘directives’. Not Glen Eira however! Glen Eira has produced a weighty tome of 22 pages. In contrast, Port Phillip’s policy is 3 pages; Kingston’s policy is 2 pages and Bayside’s policy is 10 pages.  What on earth can these councils say in a fraction of the space that it takes Glen Eira to articulate?

Why is Glen Eira’s Councillor Code of Conduct so ‘fulsome’? What does it contain that no other council bothers to include? What is the reasoning behind such a detailed document? Below is a selection from this Code of Conduct. We’ve highlighted what we believe to be important sections. Readers are invited to draw their own conclusions as to the intended impact of such clauses, the reasons for their existence, and the ramifications for the community. Finally, the central question is: do the following clauses improve governance, or are they intended to gag ‘dissidents’ within the councillor ranks, and to create further divides between council and the community? 

 “Demonstrating commitment to consult with other Councillors, within the decision making framework and with no surprises;” 

There may be times when a Councillor as an individual disagrees with a majority decision of the Council and wants the community to know that. Although Councillors are entitled to present their own views, in doing so, each Councillor should nevertheless acknowledge that:…an overriding concern ought to be to achieve a balance in the matters that are communicated and to strive to achieve an outcome that presents the Council as effective and cohesive. 

Councillors have a duty to be as transparent as possible about their decisions and actions, giving reasons for decision and restricting information only when the wider public interest clearly demands. 

Councillors’ decisions are made in Statutory Council Meetings. In discussions leading up to such decisions, in Assembly of Councillor Meetings not open to the public, Councillors may explore a range of positions and express a range of views. Those views must not be reported outside those meetings. To do so would discourage full discussion of developing issues and the ability for Councillors to firm up their views as questions are answered and information provided.