Official Information Request - 31 July 2020

Sent: Monday, 10 August 2020 12:32 pm

Subject: LGOIMA request - code of conduct for elected members and staff

I refer to your email of 31 July 2020 under LGOIMA regarding code of conduct for elected members and staff, and respond below as per your email:

Code of Conduct for members

1. Does your Council have a code of conduct for members? Yes - attached

2. Are council staff subject to a code of conduct? Yes - attached

3. What are the consequences if a member breaches the code of conduct? Refer to pages 10-11 of the Elected Members Code of Conduct

4. Who can make a complaint against a member's behaviour if that person considers a member has breached the code of conduct? Anyone

5. What is the disciplinary process to investigate the member's behaviour? Refer to pages 10-11 of the Elected Members Code of Conduct

Code of Conduct for staff

6. What are the consequences if a staff member breaches the code of conduct (please specify different levels from GM to operational staff)? See attached Employee Code of Conduct

7. Who can make a complaint against a staff member's behaviour if that person considers a staff member has breached the code of conduct? Anyone

8. What is the disciplinary process to investigate the staff member's behaviour? The Manager Organisational Development & Capability will meet with the employee to discuss. An investigation will be undertaken if required. Once all information is collected further meetings will be held with the employee to advise the level of misconduct as per the Employee Code of Conduct ie: verbal warning, written warning or dismissal.

Review of Code of Conduct

9. When was the code of conducts and/or policies described in the answers above developed, implemented and reviewed?

Elected members - Developed and implemented a number of years ago. Reviewed after the beginning of each triennium.

Staff - Developed and implemented a number of years ago. Last reviewed April 2019.

10. Is a child protection policy included in the code of conduct? Not for elected members. Council has a Child Protection Policy for employees (attached).

If not or your council does not have a code of conduct, are councillors subject to a child protection policy? No

If so, what are the consequences for breaching that policy and what is the disciplinary process to investigate a breach of that policy? Councillors are not subject to a child protection policy

11. If you have a code of conduct, is appropriate behaviour with constituents included in the code of conduct (sexual harassment and bullying)? 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? The elected members code of conduct does not cover sexual harassment and bullying specifically. However, if any constituents have a complaint regarding sexual harassment or bullying from an elected member, the constituent can complain through the code of conduct process and the complaint will be investigated as per the code of conduct process.

If so, what are the consequences for breaching that policy and what is the disciplinary process to investigate a breach of that policy? Refer to comments above

Behaviour in the past five years

12. 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, harassment or sexual harassment?

Elected members - 1 for bullying

Staff - 2 for bullying

13. How many complaints resulted in an investigation process?

Elected members - 1

Staff - 2

14. How many complaints resulted in disciplinary action? If so, what was that disciplinary action?

Elected members - 0

Staff - 1 dismissal

You have the right to seek an investigation and review by the Ombudsman of this decision. Complaints can be sent by email to info@ombudsman.parliament.nz, by fax to (04) 471 2254, or by post to The Ombudsman, PO Box 10152, Wellington 6143.

Publication of responses to LGOIMA requests

Please note: Our LGOIMA responses may be published on the Rotorua Lakes Council website after they have been responded to, with requesters' personal details withheld. If you have any concerns about this please contact the Council on info@rotorualc.nz .

Regards