While there has been an even greater amount of commentary on social media of late, regarding conduct concerns and conflicts of interest, we wanted to clarify for the community, just what it is that Councillors are here to do, and what it is, they aren't, and shouldn't do.

Most of us can't recall the political education part of our year 6 education, and even if we could, the roles of each level of Government, aren't exactly laid out in-depth, so that we can clearly understand what the roles and responsibilities are when we line up to vote, and then get our sausage sandwich on election day.

For those who have contacted us to ask for clarity, we have done the hard work for you, and have a quick guide on what exactly it is your Lismore City Councillors are here to provide, and equally, what constitutes a breach of their responsibilities in the role, and what you can do about it, if this of concern to you, aside from launching into a social media tirade.

A year since they were sworn in, and without doubt, one of the most challenging of any for a Councillor to face, particularly a new Councillor, we come back to the meaning of what it is to serve, on Council.

According to The Office of Local Government (OLG) "Local government plays a critical part in the delivery of the most vital services for communities."

"Residents have put their faith in you (Councillors) to represent their needs at the local level and this is a responsibility you will not take lightly. Being a councillor is a privilege and a wonderful opportunity to make a difference to your community. Although challenging at times, your service will have a profound impact on your local community."

"As a councillor, you are expected to represent the views of the community while making decisions in their interests, demonstrate conduct that the community expects and deserves, and plan and oversee the running of a significant and complex business. In fulfilling your duties with the integrity expected of an elected official, OLG provide key resources which outline how councillors can meet the wide range of obligations. They will play a strong part in ensuring that you are fully prepared for the role and give the community comfort that it has civic leaders well supported and skilled as they perform their duties."

This broad definition doesn't go into detail regarding the specific area's under Local Government's jurisdiction, however, it can be summed up into the following categories: Roads (Local repairs and maintainence), Rates (Building approvals and rates to ensure local government area's are supported with valuable infrastructure and maintenance (parks, curbs, waste services, dog safe area's for walking the beloved family pet etc), Rubbish (Waste removal and safe disposal) as well as advocacy for more infrastructure, cultural protection, heritage preservation, environmental sustainability and protection of local council land and during the DA process, and responding on the ground, in emergencies, such as that which we faced last year.

Lobbying State and Federal Governments for changes the community needs and wants, through both legislative and financial processes is also an important part of the role. One of the key aspects is community engagement, ensuring Councillor's remain aware and open to receiving, the feedback of the community who elected them.

One such way is via submissions, such as the local skate park funding submission on the Your Say Lismore council website right now. If your kids or you want specific things to enjoy in your leisure time, now is the time to get in touch and tell council, before the plans and building begin! Another way is through emails, phone calls, meetings and attendance of Council meetings, including the opportunity to ask questions.

When a Councillor is seen to be misrepresenting the community through what may be known as a 'breach of conduct', or via what may be perceived as an (undeclared) conflict of interest, what can you do to ensure the behaviour changes to better represent the wider community interests?

According to the OLG, "The role of the Office of Local Government is to provide a framework to enable councils to operate to a high standard."

"Local councils are independent bodies, elected by and accountable to their communities and therefore we encourage councils to resolve most complaints at the local level."

"Many people write to the Minister for Local Government and/or the Office of Local Government asking for the council to be directed to take or not take a particular course of action. However, under the legislation we have limited powers to intervene in the decision making and functions of individual councils."

"This is why complaints should be made to the council in the first instance. Many problems ultimately have to be resolved by the council without outside involvement."

According to their website, outlining the complaints process here, there are between 811-1454 complaints yearly between 2010-2017.

What breaches a code of conduct? On December 13 2022 a new review of the frameworks of code of conducts expectations for councillors was circulated. This can be found as a guide to inform the public's complaints, if they should arise. You can find that here.

Some points of particular interest to some of our readers may be the following recommendations:

• That all meetings of councillors even if closed to the public for legitimate confidentiality reasons be audio visually recorded for transparency and accountability.
• That all meetings of councillors including workshops and briefings require written declarations and recordings of conflicts of interest.
• That as well as addressing the matters mentioned elsewhere in this report concerning review of the code of conduct, attention be given to addressing the transparency and risk issues 
• That the framework for councillor conduct accountability be restructured as follows:

a. Requiring complainants to submit complaints using a prescribed complaint form supplying all relevant information to assist assessment of the complaint.

b. Establishing jurisdictions for dealing with councillor conduct complaints as follows: i. Mayors/meeting chairs ii. Independent Councillor Conduct Review Panels iii. Councillor Conduct Commissioner iv. NCAT v. ICAC and other agencies

c. Adopting of a schedule of councillor conduct and jurisdictional enforcement options to underpin authority of the various jurisdictions involved in the framework.

d. Removing current powers and functions of council general managers to process and/or determine any matters associated with councillor conduct complaints.

e. Create powers for the council complaints coordinator to receive and refer correctly lodged complaints concerning councillor conduct to the relevant Independent Councillor Conduct Review Panel (as outlined in Section 7 of Mr Kellar’s report).

f. Removing current powers and functions of councils to determine outcomes associated with councillor conduct complaints.

g. Creating Independent Councillor Conduct Review Panels for the assessing, investigation and determination of councillor conduct complaints, including making orders for sanctions and penalties.

As we have seen in the past, even when LCC Councillors have been found to be in breach of a code of conduct complaint by a respected independent person, nothing happens. There is no recourse as councillors themselves vote on the issue in a confidential session at the end of a council meeting. One councillor called the process a 'toothless tiger' two years ago.

So, while the framework is in place, councillors can and often do conduct themselves how they wish knowing there is very little to stop them from continuing to breach a code of conduct.