THE code of conduct policy, behind a $700,000 Singleton Council Supreme Court dispute, is expected to be reformed before local government elections in September.
A spokeswoman for the state government’s department of premier and cabinet, Natasa Mitic, has confirmed the deadline.
Under proposed changes, the code covering all New South Wales councils, should prevent councillors making a complaint for an “improper purpose”.
It should be more difficult to use the new code to harass or silence political opponents.
Also under consideration are conditions preventing councillors, who make complaints, to do so anonymously or attend meetings dealing with their complaints.
Councillors subjected to a complaint should be told the substance of the complaint, be given opportunities for written and oral submissions on draft reports and have a right of appeal against a lack of procedural fairness.
The code is likely to have tougher penalties, ban councillors meeting alone with land developers and change the “gatekeeper” role of general managers.
Preliminary assessment of complaints against councillors, now made by the general manager from their own council, should be handed to the general manager of a neighbouring council.
Neighbouring general managers should decide whether to appoint an external reviewer to investigate complaints and the reviewer would come from a regional panel of reviewers chosen through a competitive tender process.
Certain types of complaints, such as failure to disclose conflicts of interest arising from political donations, code of conduct abuses and breaches of pecuniary interest requirements, should be referred to bureaucrats in the state government’s local government department.
The Singleton Council dispute involves an anonymous complaint against deputy mayor Paul Nichols who denied any wrongdoing and took court action to clear his name, overcome procedural unfairness and stop the council discussing a report against him.
Supreme Court judge Monika Schmidt quashed the report and banned the council from giving it any consideration.
Ms Mitic said reviewing the code of conduct and misbehaviour provisions in the Local Government Act began last year.
A “discussion paper” on the review attracted more than 120 submissions and a subsequent “position paper” attracted more than 100 submissions.
The submissions were being assessed with the aim of amending the position paper, she said.
A draft of the proposed new code would go to Local Government Minister Don Page before being re-exhibited for public comment.
It will then be presented to state parliament for determination, Ms Mitic said.