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Resolution
number FR/2018/154
MOVED by Deputy Chairperson A Baker, seconded by Member S
Druyven:
That
the Franklin Local Board:
a) provides its feedback on the draft Code of
Conduct attached to this report.
i. notes the documents
entitled ‘Draft Auckland Council Code of Conduct” and
‘Draft Auckland Council Code of Conduct – Attachments’, in attachments
A and B of this agenda report.
ii. supports the overall
approach towards a more concise, positive and principle-based
code of conduct.
iii. supports the two
core principles of Trust and Respect.
iv. seeks the bullet
point under the Respect principle to be amended to required
elected members to maintain confidentiality of confidential information
rather than the confidentiality of all information.
v. recommends the
inclusion of a requirement for members to sign the code at
the first business meeting, provided there has been a prior opportunity to
discuss the implications at an induction workshop.
vi. recommends the
inclusion of the code and supporting policies and protocols
as part of the information pack sent out to prospective election candidates
Complaints Process
vii. recommends that the
complaints process includes the chief executive undertaking
an initial assessment to determine whether the complainant has
attempted to resolve the complaint and the complaint fits the criteria of
a breach before referring to an investigator.
Conflict of Interest
viii. does not agree that
a lack of action by the elected member on internal audits
advice should be automatically or usually deemed to be a material breach,
as the advice may later be determined by the Code of Conduct commissioner
to be wrong.
ix. recommends
that section 4.11 should be reworded to read “…referred to the
Conduct Commissioner for investigation as a potential material breach”.
Access to information
protocol
x. welcomes
the proposed new process for providing elected members with
useful information more quickly, particularly where it can be provided to
a member in a timely manner before a meeting where the information is relevant
to a decision that is to be made there.
xi.
considers that it is not
appropriate for the chief executive to be required to determine what is
‘reasonably necessary’, as this is too subjective and does not
engender a collaborative approach.
xii.
considers that the principles
of Trust and Respect equally apply to the chief executive’s approach to
information requests from elected members.
xiii.
recommends that the access to
information protocol utilises the ‘relevance test’ only, as
elected members have different levels of information requirements to support
their decision making. Sections 3.2 to 3.6 should be amended to retain the
‘good reason’ principle and the ‘relevant to’ test
but delete the ‘reasonably necessary’ test throughout.
Media protocols
xiv.
recommends that the media
protocols are revised to allow the deputy chair to speak on behalf of the
chair when they are not available.
xv.
requests that the
protocols are revised to reflect local board member roles as agreed by the
board as a whole, to enable them to be the local board spokesperson in their
areas of responsibility, expertise or subdivision.
CARRIED
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