167Determinations by a Councillor Conduct Panel

167 Determinations by a Councillor Conduct Panel

(1) After a Councillor Conduct Panel has conducted a hearing, the Councillor Conduct Panel may—

(a) make a finding of serious misconduct against a Councillor; or

S. 167(1)(b) amended by Nos 30/2022 s. 27, 23/2024 s. 68(1).

(b) if it is satisfied that a Councillor has breached the Model Councillor Code of Conduct on one or more occasions and the application for a finding of serious misconduct was made to the Councillor Conduct Panel within the period of 3 months after the breach occurred, make a finding of misconduct against a Councillor; or

(c) whether or not a finding of misconduct or serious misconduct against a Councillor has been made, make a finding that remedial action is required; or

(d) dismiss the application.

(2) If a Councillor Conduct Panel makes a finding of serious misconduct against a Councillor, the Councillor becomes ineligible to hold the office of Mayor or Deputy Mayor for the remainder of the Council's term unless the Councillor Conduct Panel directs otherwise.

(3) If a Councillor Conduct Panel makes a finding of serious misconduct against a Councillor, the Councillor Conduct Panel may do any one or more of the following—

(a) reprimand the Councillor;

(b) direct the Councillor to make an apology in a form or manner determined by the Councillor Conduct Panel;

(c) suspend the Councillor from office for a period specified by the Councillor Conduct Panel not exceeding 12 months;

(d) direct that the Councillor is ineligible to chair a delegated committee of the Council for a period specified by the Councillor Conduct Panel not exceeding the remainder of the Council's term.

(4) If a Councillor Conduct Panel makes a finding of misconduct against a Councillor as specified in subsection (1)(b), the Councillor Conduct Panel may do any one or more of the following—

(a) direct the Councillor to make an apology in a form or manner specified by the Councillor Conduct Panel;

(b) suspend the Councillor from the office of Councillor for a period specified by the Councillor Conduct Panel not exceeding one month;

(c) direct that the Councillor be removed from any position where the Councillor represents the Council for the period determined by the Councillor Conduct Panel;

(d) direct that the Councillor be removed from being the chair of a delegated committee for the period determined by the Councillor Conduct Panel.

(5) For the purposes of subsection (3) or (4), any period of suspension of a Councillor from the office of Councillor is to be reduced by any period during which the Councillor was stood down under Division 6 of Part 7 in relation to the relevant conduct.