440JAlternatives to disciplinary action by the Departmental Chief Executive

#### 440J Alternatives to disciplinary action by the Departmental Chief Executive 440J Alternatives to disciplinary action by the Departmental Chief Executive > > (1) The Departmental Chief Executive may before, during or after an investigation into an allegation of misconduct by a councillor decide to take no further action against the councillor, if satisfied that no further action is warranted. > > > (2) The Departmental Chief Executive may, instead of taking disciplinary action against a councillor— > > > > > (a) refer the matter to the council concerned with recommendations as to how the council might resolve the matter, by alternative dispute resolution or otherwise, or > > > > > (b) refer the matter to the Civil and Administrative Tribunal for consideration. > > > (3) A matter is referred to the Tribunal under this section by means of a report presented to the Tribunal by the Departmental Chief Executive. A report may contain or be accompanied by such material and observations as the Departmental Chief Executive thinks fit. > > > (4) The Departmental Chief Executive is to notify the councillor concerned of any decision to refer the matter to the Tribunal. > > > (5) The regulations may make provision for or with respect to the reference of matters to the Tribunal under this section. > > **s 440J:** Ins 2004 No 73, Sch 1 \[4\]. Subst 2012 No 94, Sch 1 \[12\]. Am 2013 No 95, Sch 7.3 \[3\].