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Council Member Behavioural Management Framework

The Council Member Behavioural Management Framework provides the legislative framework within which all council members must operate and provides the process for the management of complaints relating to a breach in the Behavioural Standards for Council Members. There are four components to the Council Member Behavioural Management Framework.

Part 1: The legislative framework within which all council members must operate (Sections 75E and 262B of the Local Government Act)

Part 2: The Behavioural Standards for Council Members, determined by the Minister for Local Government which apply to all council members in South Australia.

Part 3: The mandatory Behavioural Management Policy relating to the management of behaviour of Council Members and adopted pursuant to section 262B of the Local Government Act.

Part 4: Optional Behavioural Support Policy (or policies) (Council has not adopted a support policy at this point)

Making a complaint - Breach of the Behavioural Standards:

A breach of the Behavioural Standards will be dealt with in accordance with the council's Behavioural Management Policy. (This policy does not apply to complaints about council employees or the council as a whole).

A complaint made under the Behavioural Management Policy must be received in writing. The Behavioural Management Policy sets out the requirements for making a complaint and the process that will be followed. A complaint should be marked with "Confidential Council Member Complaint" and forwarded to the Chief Executive Officer via:

Email: councilmembercomplaint@marion.sa.gov.au; or

Post: PO Box 21, Oaklands Park South Australia 5046, Australia

Behaviour Standards Register

In accordance with the policy, Council will maintain a register of any matter where a breach has been found . This register also includes the prior two terms of council where a matter was considered under the old Council Member Code of Conduct - Procedure for Investigating Complaints Policy, and where a breach was found.

The register will be updated as resolutions are passed by Council and be rolling no less than 2 consecutive council terms.

Register Items for the period - 2010 to 2022
DateTitleMemberSummary DescriptionOutcomeFile Reference/s
25 May 2021Code of Conduct
MasikaBreach of confidence – emailUpheld and apology accepted
GC210525F01
Minutes Extract
Code of Conduct



(no resolution to retain in confidence)
22 September 2020Point of Order – Regulation 29HullInterrupted the meetingSuspended for the remainder of the meeting for his behaviourGC200922
Minutes 
(See page 20)

8 October 2019Code of Conduct
HullSocial media postUpheld and apology accepted
GC181009R06
Minutes Extract
Code of Conduct



(no resolution to retain in confidence)
23 April 2019Point of Order – Regulation 29HullBehaved in an improper and disorderly manner by interrupting the Chair whilst speakingSuspended for the remainder of the meeting for his behaviourGC190423
Minutes 
(See page 14)

9 October 2018Code of ConductHullBreach of ConfidenceUpheldGC181009R06
Minutes Extract
Code of Conduct

9 October 2018Code of ConductKerryInteractions with staff memberUpheldGC181009R06
Minutes Extract
Code of Conduct

27 February 2018Point of Order – Regulation 29KerryBeing disrespectful and his behaviour was disrupting the meetingCensured and suspended for remainder of meetingGC180227
Minutes

(see page 2)

24 October 2017Point of Order – Regulation 29KerryDisrupting the meetingSuspended for the remainder of the meetingGC171024
Minute
(see page 2 & 9)   
13 June 2017Point of Order – Regulation 29HullAbstained from votingThere was a breach of the meeting proceduresGC170613
Minutes
(see page 4)   


14 February 2017Code of Conduct Complaint
Kerry
Behaviour at the Development Assessment PanelCr Kerry - Upheld
Kerry and Hutchinson
referred to mediation
GC101115F02
Minutes Extract
Code of Conduct Complaint COMBINED

(no resolution to retain in confidence)
10 November 2015Code of Conduct Complaint
KerryComplaint from two independent members of the Council’s Development Assessment PanelCensured
Required to apologise
GC101115F02
Minutes Extract
FINAL Code of Conduct
Complaint Combined


(no resolution to retain in confidence)
14 July 2015Code of Conduct Complaint
KerryIntoxicated at meetingUpheld
Censured
GC140715R08
Minutes Extract
Code of Conduct
Complaint Combined
24 February 2015Ombudsman’s Final Report
Breach of Code of Conduct
HullBullying (Social Media post re travel) Referred to Ombudsman
Upheld
Reprimand
Required to apologise
GC240215R01
Minutes Extract
Ombudsmans Final Report
9 September 2014Code of Conduct ComplaintPfeifferUsing council resources for electoral purposesUpheldGC090914F01
Minutes Extract
Code of Conduct
Complaint Combined

22 July 2014Ombudsman Full InvestigationSpeirsConflict of InterestUpheldGC220714R06
Minutes Extract
Ombudsman Full Investigation Conflict of Interest
10 June 2014Point of Order – Regulation 29HullDirecting repeated aggravation towards Administration• Asked to remain constructive
• Asked to speak to the fact relating to the matter being discussed
• All elected member to behave in this manner. 
GC100614
Minutes
(see page 5)

24 September 2013Point of Order – Regulation 29     HullRegarding comments that were disrespectful and discriminatory to another Elected Member• Advised comments were not needed and unhelpful
• Requested to apologise for behaviour
• Withdraw his comments and not make comments of this nature in the future
GC240913
Minutes
(see page 6)
28 May 2013Point of Order – Regulation 29HullRegarding comments made about the pre-election budget and southern ward projectsCensured for his behaviourGC280513
Minutes
(see page 7)



27 November 2012Ombudsman Investigation
HutchinsonConflict of Interest (re Glandore Laneways) Investigated by Ombudsman
Upheld Matter referred to Council
resulting in a review of systems and support 
GC271112R09
Minutes Extract
Ombudsmans Investigation