LGOIMA Request Details: LG1939

Code of Conduct for members

1. Does your Council have a code of conduct for members? Yes, available on our website: https://www.mdc.govt.nz/About-The-Council/Governance/Elected-Member-Roles?BestBetMatch=code%20of%20conduct|ab8081d3-bcb0-454e-85c7-ad98a040f549|9579e309-481d-436a-9608-9de7a412f807|en-AU
2. Are council staff subject to a code of conduct? No, but we have a series of management policies that staff are subject to.
2. What are the consequences if a member breaches the code of conduct? Penalties and actions are set out in section 13 of the Code of Conduct (page 13).
3. Who can make a complaint against a member's behaviour if that person considers a member has breached the code of conduct? Elected Members or the Chief Executive. (page 11).
4. What is the disciplinary process to investigate the member's behaviour? The process is set out in section 12 of the Code of Conduct (pages 11-12).

Code of Conduct for staff
5. What are the consequences if a staff member breaches the code of conduct (please specify different levels from GM to operational staff)? If staff breach any of our policies, the process and possible consequences are set out in our Disciplinary Policy. Possible consequences include an informal discussion/verbal warning, first written warning, final written warning, or dismissal depending on the seriousness of the circumstances.

6. Who can make a complaint against a staff member's behaviour if that person considers a staff member has breached the code of conduct? Usually another staff member, but we will consider complaints from members of the public or other Council stakeholders also.
7. What is the disciplinary process to investigate the staff member's behaviour? An investigation will take place, and if reasonable grounds are established, a disciplinary process following good practice employment law.

Review of Code of Conduct
8. When was the code of conducts and/or policies described in the answers above developed, implemented and reviewed? The Elected Members code of conduct is reviewed each triennium. The current document was adopted on 21 November 2019. The staff policies are reviewed every 1-3 years.
9. Is a child protection policy included in the code of conduct? If not or your council does not have a code of conduct, are councillors subject to a child protection policy? If so, what are the consequences for breaching that policy and what is the disciplinary process to investigate a breach of that policy? Child protection issues are covered by the general good behaviour provisions of the Elected Members Code of Conduct. We have a staff policy called the "Child Protection Policy". Breaches of that policy would follow the usual investigation/disciplinary policy.
10. If you have a code of conduct, is appropriate behaviour with constituents included in the code of conduct (sexual harassment and bullying)? This is covered by section 5.3 of the Code. If not or your council does not have a code of conduct, are councillors subject to a policy in relation to appropriate behaviour with constituents e.g sexual harassment and bullying policy? N/A If so, what are the consequences for breaching that policy and what is the disciplinary process to investigate a breach of that policy? Breaches of the code are dealt with by section 12; penalties are dealt with by section 13.

Behaviour in the past five years
11. In the past five years, have you had any complaints on a member's or a staff member's behaviour in relation to inappropriate behaviour with youth (under 25s), or bullying, harrasment or sexual harassment? Yes
12. How many complaints resulted in an investigation process? 5
13. How many complaints resulted in disciplinary action? 4 If so, what was that disciplinary action? Verbal Warning/First Written Warning/Final Written Warning/Termination