local government standards panel · local government standards panel annual report 2008/2009...
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LOCAL GOVERNMENT STANDARDS PANEL
ANNUAL REPORT 2008/2009
OVERVIEW
The Local Government (Official Conduct) Amendment Act 2007 amended the LocalGovernment Act 1995 ("the Act") to provide a complaints system whereby theconduct of an individual council member can be reviewed. The amendments cameinto operation on 21 October 2007.
The amendments provide for the establishment of a Standards Panel by the Ministerfor Local Government ("the Minister"). The Standards Panel's function is to receiveand deal with complaints, made by any person, of alleged minor breaches - that is,
alleged breaches by a council member of:
any Rule of Conduct in the Local Government (Rules of Conduct) Regulations2007 ("the Regulations"); or
a provision of a local government's local law relating to conduct of people atcouncil or committee meetings.
If the Standards Panel finds that a council member has committed a minor breach,the Standards Panel is required to deal with the breach by making a decision to:
(a) dismiss the complaint; or
(b) order that the council member:
be publicly censured as specified in the order; or
apologise publicly as specified in the order; or
undertake training as specified in the order; or
(c) order 2 or more of the sanctions described in paragraph (b).
If the State Administrative Tribunal (SAT) reviews such a decision and makes afinding that a minor breach occurred, the options available to SAT are the same asthe above sanctions available to the Standards Panel.
Where a council member has previously been found to have committed 2 or moreminor breaches, and the breach alleged in a complaint, if it were found to have beencommitted, would be a or recurrent breach, the Panel may send the complaint tothe Director General ("the Director General") of the Department of Local Government("Department"), who in turn may use it as the basis of an allegation to the StateAdministrative Tribunal ("SAT") to deal with.
lithe Director General makes such an allegation and SAT finds that a personcommitted a recurrent breach, in addition to the range of sanctions available to theStandards Panel after it makes a finding that a minor breach occurred, SAT can also
order a member be suspended or disqualified from holding office.
In the period 1 July 2008 to 30 June 2009 the Panel has not had occasion toconsider any complaint as a recurrent breach.
If a Council member fails to comply with a Standards Panel order made under s5.1 10(6)(b) or (c) of the Act, the Chief Executive Officer ("CEO") of the relevant localgovernment is required to refer the failure to SAT.
Where SAT finds that a Council member has failed to comply with a Standards Panelorder made under s 5.110(6)(b) or (c) of the Act, in addition to the range of sanctionsavailable to the Standards Panel after it makes a finding that a minor breachoccurred, SAT can also order a member be suspended or disqualified from holding
office.
COMPOSITION OF THE STANDARDS PANEL
The Standards Panel is comprised of three members and three deputy members, all
of whom are appointed by the Minister.
In the period 1 July 2008 to 31 December 2009, the members and appointees to the
Standards Panel were:
The Presiding Member (and Department Member), Mr Quentin Harrington,Director Governance and Statutory Support, Department of Local Governmentand Regional Development ("Department") or the person acting in that position.The deputy member was the person who was the Department's DirectorStrategies and Legislation or the person acting in that position.
The Local Government Member, Councillor Clive Robartson, an electedmember of the City of Melville. His deputy member was Councillor MoiraGirando, the President of the Shire of Coorow.
The Legal Member, Mr John Lyon, a former Deputy State Solicitor. His deputymember was Mr Graham Castledine, a legal practitioner.
In the period March 2009 to 30 June 2009, the members and appointees to theStandards Panel were:
The Presiding Member (and Department Member), Mr Quentin Harrington. Hisdeputy member was Mr Ross Weaver.
The Local Government Member, Councillor Carol Adams, the Mayor and acurrent elected member of the Town of Kwinana. Her deputy member wasCouncillor Peter Best, a current elected member of the City of South Perth.
The Legal Member, Mr John Lyon, a former Deputy State Solicitor. His deputymember was Mr Graham Castledine, a legal practitioner.
ADMINISTRATION AND SUPPORT SERVICES
In the period 1 July 2008 to 30 June 2009 the Standards Panel's administration andsupport services were provided by Department Officers. These Officers formed theStandards Panel's Administration.
REQUIREMENT FOR ANNUAL REPORT
Clause 11 of Schedule 5.1 of the Act requires that:
"(1) By 31 August in each year, the primary standards panel is to prepare andprovide to the Minister a report on the complaints dealt with by all standardspanels during the previous financial year.
(2) The annual report must not include information that identifies or enables theidentification of a council member against whom a complaint was made if thecomplaint was not dealt with under section 5.1 10(6)(b) or (c)."
This report covers the period from 1 July 2008 to 30 June 2009.
NUMBER OF STANDARDS PANELS ESTABLISHED
Although the Act provides for the establishment of more than one standards panel, todate the Minister has established only one standards panel.
(1)
COMPLAINTS RECEIVED BY THE DEPARTMENT MEMBER
In the period 1 July 2008 to 30 June 2009 the Department Member received 33complaints, made in the Complaint of Minor Breach form approved by the Minister,from local government complaint officers. These complaints included some withmultiple allegations about the same council member, some with one or moreallegations about two council members, and some with an allegation or allegations incommon with another complaint or other complaints about the same councilmember.
COMPLAINTS ALLOCATED BY THE DEPARTMENT MEMBER TO THESTANDARDS PANEL
When the Department Member receives a complaint from a local government'scomplaint officer he is required by section 5.110(1) of the Act to allocate it to theStandards Panel (as it is currently the only established standards panel). However,the reference to a "complaint" in section 5.110(1) is considered to refer to acomplaint that complies with the Act and also contains at least one allegation of aminor breach having been committed.
In the period 1 July 2008 to 30 June 2009 the Department Member decided to notallocate two complaints to the Standards Panel. The reason for the first non-allocation was that the allegation in the complaint was an allegation that a seriousbreach as defined by section 5.105(3) of the Act. The reason for the second non-allocation was that there was no allegation of a minor breach made in the complaint.
FINDINGS OF MINOR BREACH OR OTHERWISE
In the period 1 July 2008 to 30 June 2009 the Standards Panel completed itsdealings with 27 complaints (including one that was awaiting the Standards Panel'sdecision under section 5.110(6) as at 30 June 2008).
In the period 1 July 2008 to 30 June 2009 the Standards Panel made findings that:
no breach occurred, in relation to 13 complaints;
the complaint did not contain an allegation that a minor breach had occurred, inrelation to 2 complaints;
at least one minor breach had occurred, in relation to 12 complaints.
COMPLAINTS NOT DEALT WITH UNDER SECTION 5.11O(6)(b) OR(c)
During 2008/2009 the Standards Panel dealt with 17 complaints without making anorder under s 5.110(6)(b) or(c) of the Act.
In regard to those 17 complaints:
13 resulted in findings that no minor breach had occurred;
2 resulted in findings that the complaint did not contain an allegation that a minorbreach had occurred;
2 resulted in the Standards Panel dismissing the complaint concerned eventhough it had made a finding of minor breach in each case.
COMPLAINTS DEALT WITH UNDER SECTION 5.11O(6)(b) OR (c)
In 2008/2009 the Standards Panel dealt with 10 complaints under s 5.1 10(6)(b) or (c)
of the Act, as per the attached schedule. These 10 complaints include the complaintthat was awaiting the Standards Panel's decision under section 5.110(6) as at 30June 2008.
COMPLAINT, WITH A FINDING OF MINOR BREACH, YET TO BE DEALT WITHUNDER SECTION 5.110(6)
As at 30 June 2009 there was one outstanding finding of breach, in regard to whichthe council member concerned was given an opportunity to make submissions onhow the Standards Panel should deal with the complaint under s 5.110(6) of the Act.
SAT REVIEWS
The attached schedule also indicates:
the complaints that have:
resulted in the Standards Panel making one or more findings of minorbreach and its decision to make an order under s 5.110(6)(b) or (c) of the
Act; and
(ii) been or are the subject of an application made to SAT, during the period IJuly 2008 to the date of signing of this report, for a SAT review of theStandards Panel's decision; and
the outcome of the application or review, or the current situation of theapplication or review at the date of signing of this report, as the case requires.
(i)
NON-COMPLIANCE WITH A STANDARDS PANEL ORDER OR A SAT ORDER
The attached schedule also indicates any Standards Panel order or SAT order thatwas not complied with, or is yet to be complied with, and the outcome (or the state ofprogress of any proceedings at the date of signing of this report) in relation to thenon-compliance.
Brendan PeytonPresiding MemberLocal Government Standards Panel
8 September 2009
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10 o
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Pag
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19 o
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rder
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the
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egul
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ions
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here
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ely
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ter
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): (
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atth
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ilm
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re's
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ied
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ncil
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r an
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licab
le, a
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w h
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iled
toco
mpl
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ith (
ii) o
f the
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ndar
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anel
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der.
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re's
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Ore
ferr
ed th
at fa
ilure
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AT
, whi
ch: (
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re o
ccur
red;
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(b)
orde
red
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Bla
ck is
disq
ualif
ied
from
hold
ing
offic
e as
am
embe
r of
a c
ounc
ilfo
r th
e 12
-mon
thpe
riod
from
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uly
2009
.
Pag
e 4
of 9
21 o
fS
hire
of
BLA
CK
,D
ULL
AR
D,
2008
Mun
darin
gK
evin
Ala
nH
elen
(C
r)
Pag
e 5
of 9
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f20
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own
ofB
asse
ndea
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AN
GE
LL,
John
ME
RH
ELD
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om 2
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arch
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plai
ned
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eda
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ch o
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gula
tion
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(b)
of th
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egul
atio
nsw
hen
hedi
sclo
sed
info
rmat
ion
that
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cqui
red
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g a
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rt o
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g.
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ndar
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anel
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e an
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r un
der
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tions
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er5.
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}: (
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atth
e C
ounc
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lyce
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at h
e ap
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icly
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rtic
ular
ly th
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iscl
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info
rmat
ion.
The
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n's
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Oco
mpl
ied
with
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of th
e S
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ards
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el's
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er.
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ange
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ied
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e S
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el's
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er.
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licab
le, a
s no
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T r
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asap
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r.
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licab
le, a
sno
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T r
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w h
eld.
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app
licab
le.
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he S
hire
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rdin
ary
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ncil
Mee
ting
held
on
14 N
ovem
ber
2007
whe
n it
was
open
tom
embe
rs o
f the
publ
ic th
eC
ounc
il m
embe
rco
mpl
aine
dab
out c
omm
itted
two
brea
ches
: (1)
a br
each
of
stan
ding
ord
er20
.2 o
f the
Shi
re's
sta
ndin
gor
ders
, a m
inor
brea
ch b
y vi
rtue
of r
egul
atio
n 4(
2)of
the
Reg
ulat
ions
,w
hen
she
com
men
ted
adve
rsel
y up
onth
e ac
tions
of
the
Shi
re's
CE
Oan
d w
asin
tent
iona
llydi
sres
pect
ful t
oth
e S
hire
's C
EO
;an
d (2
) a
brea
chof
reg
ulat
ion
7(1)
(b)
of th
eR
egul
atio
nsw
hen
she
mad
eim
prop
er u
se o
fhe
r of
fice
as a
Cou
ncil
mem
ber
to c
ause
detr
imen
t to
the
com
plai
nant
and
the
Shi
re's
CE
O.
The
Sta
ndar
dsP
anel
mad
e an
orde
r un
der
5.11
0(6)
(c)
for
two
sanc
tions
und
er5.
11O
(6)(
b): (
i) th
atth
e C
ounc
ilm
embe
rco
mpl
aine
d ab
out
be p
ublic
lyce
nsur
ed; a
nd (
ii)th
at s
he a
polo
gise
publ
icly
to th
eco
mpl
aina
nt a
ndth
e S
hire
's C
EO
.
The
Cou
ncil
mem
ber
com
plai
ned
abou
tap
plie
d to
SA
T fo
r a
SA
T r
evie
w, w
hich
was
hel
d.
The
SA
T r
evie
w w
ashe
ard
on 5
Mar
ch20
09.
On
13 A
ugus
t 200
9 th
eS
AT
dec
isio
n in
Rya
nan
d Lo
cal G
over
nmen
tS
tand
ards
Pan
el (
2009
1W
AS
AT
154
was
deliv
ered
.
The
SA
T r
evie
wco
nclu
ded
that
: (a)
the
Cou
ncil
mem
ber
com
plai
ned
abou
tbr
each
ed s
tand
ing
orde
r 20
.2 o
f the
Shi
re's
sta
ndin
gor
ders
; (b)
the
Sta
ndar
ds P
anel
was
corr
ect i
n its
conc
lusi
on th
at th
eC
ounc
il m
embe
rco
mpl
aine
d ab
out
had
com
mitt
ed a
brea
ch o
f reg
ulat
ion
7(1)
(b)
of th
eR
egul
atio
ns.
"1. T
he d
ecis
ion
ofth
e st
anda
rds
pane
l the
sub
ject
of th
e re
view
isaf
firm
ed.
2. T
he a
pplic
atio
nfo
r re
view
isdi
smis
sed.
"
At t
he d
ate
of s
igni
ngof
the
atta
ched
Ann
ual R
epor
t20
0810
9 th
e ex
tend
ed-
by-la
w ti
me
for
com
plia
nce
with
the
Pan
el's
ord
er h
as n
otex
pire
d.
Pag
e 6
of 9
26 o
fS
hire
of
RY
AN
,M
ITC
HE
LL,
2008
Bus
selto
nA
nne
Daw
nW
illia
m M
urra
y(M
r)
At t
he C
ity's
Spe
cial
Cou
ncil
Mee
ting
held
on
25 J
uly
2008
the
Cou
ncil
mem
ber
com
plai
ned
abou
tco
mm
itted
two
brea
ches
(1)
abr
each
of
stan
ding
ord
er11
.9 o
f the
City
'sst
andi
ng o
rder
s,a
min
or b
reac
h by
virt
ue o
f reg
ulat
ion
4(2)
of t
heR
egul
atio
ns, w
hen
he m
ade
cert
ain
rem
arks
and
obse
rvat
ions
inw
hich
he
refle
cted
adve
rsel
y up
onth
e ch
arac
ter
and
actio
ns o
f 3 o
f his
fello
w C
ityC
ounc
illor
s an
dim
pute
d m
otiv
esto
them
; and
(2)
abr
each
of
regu
latio
n 7(
1)(b
)of
the
Reg
ulat
ions
whe
n he
mad
eim
prop
er u
se o
fhi
s of
fice
as a
Cou
ncil
mem
ber
to c
ause
det
rimen
tto
thos
e 3
fello
wC
ity C
ounc
illor
sby
mak
ing
thos
ere
mar
ks a
ndob
serv
atio
ns.
The
Sta
ndar
dsP
anel
mad
e an
orde
r un
der
5.11
0(6)
(c)
for
two
sanc
tions
und
er5.
11 D
(8)(
b): (
I) th
atth
e C
ounc
ilm
embe
rco
mpl
aine
d ab
out
be p
ublic
lyce
nsur
ed; a
nd (
ii)th
at h
e ap
olog
ise
publ
icly
to th
e 3
City
Cou
ncill
ors.
The
Cou
ncil
mem
ber
com
plai
ned
abou
t has
appl
ied
to S
AT
for
aS
AT
rev
iew
.
At t
he d
ate
of s
igni
ngof
the
atta
ched
Ann
ual R
epor
t20
0810
9 th
ere
is a
SA
Tpr
elim
inar
y is
sues
hear
ing
set d
own
inth
is m
atte
r. A
fter
that
hear
ing,
SA
T w
illco
nsid
er w
hen
itsre
view
of t
his
mat
ter
will
be
hear
d.
Pag
e 7
of 9
30 o
f[S
uppr
esse
d[S
uppr
esse
d[S
uppr
esse
d20
08pe
ndin
gpe
ndin
g re
sult
pend
ing
resu
ltre
sult
of th
eof
the
SA
Tof
the
SA
TS
AT
rev
iew
inre
view
in th
isre
view
in th
isth
is m
atte
r]m
atte
rjm
atte
r]
Pag
e 8
of 9
31 o
f[S
uppr
esse
dfS
uppr
esse
d[S
uppr
esse
dA
t the
City
'sT
he S
tand
ards
The
Cou
ncil
mem
ber
2008
pend
ing
pend
ing
resu
ltpe
ndin
g re
sult
Spe
cial
Cou
ncil
Pan
el m
ade
anco
mpl
aine
d ab
out h
as
resu
lt of
the
of th
e S
AT
of th
e S
AT
Mee
ting
held
on
orde
r un
der
appl
ied
to S
AT
for
a
SA
T r
evie
w in
revi
ew in
this
revi
ew in
this
25 J
uly
2008
the
5.11
0(6
)(b)
(ii)
that
SA
T r
evie
w.
this
mat
ter]
mat
ter]
mat
ter]
Cou
ncil
mem
ber
com
plai
ned
abou
tco
mm
itted
two
brea
ches
: (1)
abr
each
of
stan
ding
ord
er11
.9 o
f the
City
'sst
andi
ng o
rder
s,a
min
or b
reac
h by
virt
ue o
f reg
ulat
ion
4(2)
of t
he
the
Cou
ncil
mem
ber
com
plai
ned
abou
tap
olog
ise
publ
icly
toth
e a
City
Cou
ncill
ors.
At t
he d
ate
of s
igni
ngof
the
atta
ched
Ann
ual R
epor
t20
0810
9 th
ere
is a
SA
Tpr
elim
inar
y is
sues
hear
ing
set d
own
inth
is m
atte
r. A
fter
that
hear
ing,
SA
T w
illco
nsid
er w
hen
itsre
view
of t
his
mat
ter
Reg
ulat
ions
, whe
nhe
mad
e ce
rtai
nre
mar
ks a
ndob
serv
atio
ns in
whi
ch h
e re
flect
edad
vers
ely
upon
the
char
acte
r an
dac
tions
of a
of h
isfe
llow
City
Will
be
hear
d.
Cou
ncill
ors
and
impu
ted
mot
ives
to th
em; a
nd (
2) a
brea
ch o
fre
gula
tion
7(1)
(b)
of th
e R
egul
atio
nsw
hen
he m
ade
impr
oper
use
of
his
offic
e as
aC
ounc
il m
embe
rto
cau
se d
etrim
ent
to th
ose
3 fe
llow
City
Cou
ncill
ors
by m
akin
g th
ose
rem
arks
and
obse
rvat
ions
.
On
12 S
epte
mbe
r20
08 C
rStu
bbs
com
mitt
ed a
brea
ch o
fre
gula
tion
7(1
)(b}
of th
eR
egul
atio
nsw
hen
he m
ade
impr
oper
use
of
his
offic
e of
Cou
ncil
mem
ber
to c
ause
detr
imen
t to
the
Shi
re's
CE
O b
yse
ndin
g to
two
med
ia o
utle
ts a
copy
of h
is e
mai
lto
the
Shi
re's
CE
Oco
mpl
aini
ngab
out t
he S
hire
'sC
EO
's c
ondu
ctas
a S
hire
empl
oyee
, rat
her
than
mak
ing
his
com
plai
nt in
the
prop
er fo
rum
by
appr
opria
tem
eans
.
The
Sta
ndar
dsP
anel
mad
e an
orde
r un
der
5.1
10(6
)(b)
(i) th
atC
rStu
bbs
bepu
blic
ly c
ensu
red
for
the
brea
ch.
The
Shi
re's
CE
Oha
s co
mpl
ied
with
the
Sta
ndar
dsP
anel
's o
rder
.
Not
app
licab
le, a
s no
SA
T r
evie
w w
asap
plie
d fo
r.
Pag
e 9
of 9
38 o
fS
hire
of
ST
UB
BS
,B
RO
ME
LL,
2008
Bus
selto
nIa
n W
illia
mR
oss
Lind
say
(Cr)
39 o
f20
08C
LAR
KE
,B
ever
ley
Joan
(Cr)
Not
app
licab
le, a
sN
ot a
pplic
able
.no
SA
T r
evie
w.