As we enter the second phase of the four year council term, my office is noting a rise in thematic complaints, particularly in respect to the interaction between councillors and council staff and the use of council resources and expenses. In many cases, the complaints concern councils that do not have adequate policies or guidelines in place to set the ‘ground rules’ for operational interaction, or councils that have policies and guidelines in place but have tolerated inconsistent application.

Both scenarios create frustrations for councillors who, in most cases, are genuinely seeking information or advice. However, this can be quite unsettling for staff in terms of the balance of power and what they are being asked to do or provide.

In this edition of integrity matters, we identify a recent investigation where an allegation of misuse of position was substantiated in relation to the interaction between a councillor and staff member but also identified a clear gap in the organisational policy and codes of conduct to set out the process for the councillor to raise an operational issue. This case highlighted the importance of ‘ground rules’ to protect councilliors against allegations of improper direction and to assist staff in the provision of service to the elected council.

As part of our recommendations to council in the above case and our broader objective of encouraging higher standards, we are sharing examples of good practice or policies and guidelines observed in our work across the state. In this edition we note the work of Wyndham City Council towards developing and updating their policy on councillor and staff interaction and also the work of Hobsons Bay Council related to council governance schedules. Thank you to both councils for sharing these examples.

Chief Municipal Inspector

High performing councils are commonly those that foster good working relationships between councillors and council staff. These working relationships are often built on a foundation of values, respect and clear guidelines to ensure councillors have access to information but do not risk falling foul of the laws preventing improper direction or influence of staff.

These relationships, and performance of council staff, can be impacted when elected councillors seek to influence or improperly direct council staff, particularly those with delegated decision making powers in areas such as local laws, planning and legal services.

The Inspectorate recently completed an investigation where it was alleged that councillors had attempted to influence the council’s prosecution of a resident. Two councillors attended a court hearing in apparent opposition to council’s prosecution case and spoke to the council prosecutor and other council staff present.

This raised issues over the implied pressure on council staff by councillors and also the reputation of council where the organisational policy supported a prosecution but elected councillors publicly opposed it.

Subsequent to the court hearing, one councillor approached the council legal services manager attempting to secure the withdrawal of the prosecution case. In this second interaction the councillor was found to be in breach of the misuse of position laws under the Local Government Act 1989.

During the investigation, however, the Inspectorate found the council did not have a policy that set out clear guidance to address interactions between councillors and council staff on operational matters.

On the basis of the gaps in formal guidance at the council, the Inspectorate elected to issue a warning to the councillor for the interaction with the legal services manager and made the following recommendations to council:

• Adopt a policy specifically addressing interaction between councillors and council staff and in particular interaction with staff carrying out the functions under a delegated authority, as is common across the sector;

• Amend the existing councillor code of conduct to include a reference to the above mentioned policy;

• Following adoption of the above policy, ensure that all councillors are trained in respect to the new policy.

In previous work, the Inspectorate has reviewed councillor/staff interaction policies across the sector. Wyndham Council is one example of an organisation that has recently reviewed and is in the process of updating its Councillor-Staff Interaction and Email Policy, and works with councillors on training where necessary. For enquiries on the council’s policy, contact Wyndham corporate affairs manager Emily Keogh on 9742 0731.

Councillors are often privy to confidential or sensitive information that is important to the business of the municipality.

Following a recent investigation into the improper use of information, former Murrindindi Shire councillor Chris Healy was convicted on five charges of misuse of position.

On five separate occasions, Mr Healy attempted to gain an advantage by making improper use of information, acquired while a councillor, regarding Murrindindi Shire’s proposed rating strategy.

Magistrate John Murphy handed down his decision on 10 October at Shepparton Magistrates Court, convicting Mr Healy on all five charges and ordering him to pay a $10,000 fine and $20,000 towards prosecution legal costs.

Magistrate Murphy said there are “very high standards set by the community for elected officials, in this case council, and such offences undermine the duties of councillors”.

Chief Municipal Inspector David Wolf said: "It is important that any person who holds or has held the office of councillor not misuse information they are privy to for personal gain. This finding supports the integrity expectations for the office of councillor."