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Legislative Refs:
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(s.5.121(2)(a)
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(s.5.121(2)(b)
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(s.5.121(2)(c))
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(S.5.121(2)(d)
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s.5.110(6)(a)
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s.5.110(6)(b)(i)
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s.5.110(6)(b)(ii)
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s.5.110(6)(b)(iii)
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s.5.110(6)(b)(iv)
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s.5.110(6)(c)
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Record the Date Complaint made
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Complaint No.
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Record No.
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Name of Council Member about whom complaint is made
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Name of person making complaint
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Description of minor Breach reported to Standards Panel
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The Standards Panel Finding
Details of Action Taken under s.5.110(6) by the person against whom the complaint was made as specified in the Order.
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Date Action Taken
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No sanction be imposed
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Public Censure
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Public Apology
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Training
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pay to the local government an amount equal to amount of remuneration and allowances payable by the LG re complaint under Schedule 5.1 Clause 9
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Ordering 2 or more of the sanctions described in paragraph (b)
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6/07/2018
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SP 52 of 2018 |
OCP35632 / OCP35636 / ICR58394 |
Cr Bell |
CEO |
Alleged breach of regulation 7(1)(b) of the Local Government (Rules of Conduct) Regulations 2007 relating to a series of Facebook posts relating to the CEO between 26 and 27 June 2018.
Alleged breach of Regs 9 and 10 Rules of Conduct Regulations relating to a post on Cr Bell's Faccebook Page and Community Boards ON 26/06/2018
|
04/04/2019 |
NA |
NA |
YES |
NA |
NA |
NA |
| 6/07/2018 |
SP 53 of 2018 |
OCP35633 / OCP35636 / ICR58394 |
Cr Bell |
CEO |
Alleged breach of Regs 7, 9 and 10 Rules of Conduct Regulations relating TO a post on Cr Bell's Faccebook Page ON 2/6/2018 |
04/04/2019 |
NA |
NA |
YES |
NA |
NA |
NA |
|
6/07/2018
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SP 54 of 2018 |
OCP35633 / OCP35636 / ICR58394 |
Cr Bell |
CEO |
Alleged breach of regulation 7(1)(b) of the Local Government (Rules of Conduct) Regulations 2007 (WA) by publishing a Facebook post on 18 May 2018 relating to the inclusion of questions in an Ordinary Council Meeting and Mr Stan Scott the Chief Executive Officer of the Shire and one of Cr Bell’s fellow Councillors.
Alleged breach of Regs 9 and 10 Rules of Conduct Regulations relating t a post on Cr Bell's Faccebook Page on 18/05/2018 relating to the inclusion of questions in an Ordinary Council Meeting and Mr Stan Scott the Chief Executive Officer of the Shire (“CEO”).
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04/04/2019 |
NA |
YES |
NA |
NA |
NA |
NA |
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24/07/2018
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SP 65 of 2018 |
OCP35633 / OCP35636 / ICR58394 |
Cr Bell |
CEO |
Alleged breach of regulation 7(1)(b) of the Local Government (Rules of Conduct) Regulations 2007 (WA) relating to a Facebook post on 24 July 2018 relating to rate rises and Mr Stan Scott, the Chief Executive Officer of the Shire.
Alleged Breach of Regs 9 and 10 of the Local Government (Rules of Conduct) Regulations 2007 on 24 July 2018 relating to when he published a Facebook post
on 24 July 2018 relating to rate rises and Mr Stan Scott, the Chief Executive
Officer of the Shire (“CEO”).
|
04/04/2019 |
NA |
YES |
YES |
NA |
NA |
YES |
|
31/08/2018
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SP 2018-083 |
OCP36183 AND OCR39070 / ICR58394 |
Cr Bell |
CEO |
Alleged Breach of Regs 7, 9 and 10 of the Local Government (Rules of Conduct) Regs 2007 on 26 August 2018 (One form says 29 August 2018) when he published various Facebook posts on 26 August 2018 relating to the actions of Mr Stan Scott, the Chief Executive Officer of the Shire (“CEO”), in relation to answering Cr Bell’s questions and the Shire’s budget. |
04/04/2019 |
NA |
YES |
YES |
YES |
NA |
YES |
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02/10/2018
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SP 2018-092 |
OCP39071 AND OCP39072 / ICR58394 |
Cr Bell |
CEO |
Alleged breach of regulation 7(1)(b) of the Local Government (Rules of Conduct) Regulations 2007 (WA) by publishing a Facebook post on 30 September 2018 relating to the allegation of Mr Stan Scott, the Chief Executive Officer of the Shire, commencing legal actions on behalf of the Shire.
Alleged Breach of Reg 10 of the Local Government (Rules of Conduct) Regs 2007 on 30 September 2018 relating to the allegation of Mr Stan Scott, the Chief Executive Officer of the Shire (“CEO”), commencing legal actions on behalf of the Shire.
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04/04/2019 |
NA |
YES |
YES |
NA |
NA |
YES |
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29/10/2018
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SP 2018-111 |
ICR55000 AND OCR37615/OCR37691 AND OCR37612 AND OCR37776 / ICR61070 // ICP59779 |
Cr Rayner and CEO |
Mr L Graham |
Alleged Breach of Regulations 4, 7 and 8 of the Local Government (Rules of Conduct) Regulations 2007 when he made certain statements at the Ordinary Council
meeting of 24 April 2018 AND ALSO when he approved the publication of a column written by the Shire’s CEO in the community newsletter and when he made statements at the council meeting on 24 April 2018 regarding the column. |
31/04/2019 |
NA |
NA |
YES |
NA |
NA |
NA |
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05/11/2018
|
SP 2018-110 |
ICR55144/ OCR37613 / OCR37690 / OCR37609 / OCR37776 // ICP59779 |
Cr Rayner |
Mr G Appleby |
Alleged Breach of Regulation 7 of the Local Government (Rules of Conduct) Regulations 2007 (allegedly making an offensive respones during an April Council Meeting). |
31/05/2019 |
NA |
NA |
NA |
NA |
NA |
NA |
|
13/11/2018
|
SP 2018-112 |
ICR55119 / OCR37610 / OCR37608 / OCR37696 AND ICR55476 / OCR37809 / ICR55411 / OCR37777 / ICR59620 |
Cr Chitty |
Mr L Graham |
Alleged Breach of Regulation 7 Securing Personal advantage or disadvantaging others when she confirmed there had been a breach of the Shire’s Code
of Conduct by the Shire President and the CEO, but an apology was subsequently
not made to the Toodyay Progress Association (“TPA”) by those parties. |
24/05/2019 |
NA |
NA |
NA |
NA |
NA |
NA |
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15/01/2019
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SP 2019-005 |
ocr39035 / ocr39035 / ocr39034 and refer to corro ICP57061 & ILM58430 & ICR59307 / ICR61117 |
Cr Bell |
Cr Greenway |
Alleged Breach on 16/12/2018 of the following:
Regulation 6 - Improper disclosure of information /
Regulation 7 Securing personal advantage or disadvantaging others
Regulation 9 Prhobition against inolvement in administration and
Regulation 10 Relations with local government employees. |
29/07/2019 |
NA |
NA |
YES |
NA |
NA |
NA |
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07/02/2019
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SP 2019-008 |
OCP39819 AND OCP39820 / ICR71548 |
Cr Bell |
CEO Reported to Department |
Alleged Recurrent Minor Breach on 6 February 2019 of Regulation 7 - Securing Personal advantage or disadvantaging others |
09/10/2020 |
NA |
NA |
NA |
NA |
NA |
NA |
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07/02/2019
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SP 2019-008 |
ICR71515 |
Cr Bell |
Mr S Scott |
Alleged Breach of Regulation7 of the Local Government Rules of Conduct Regulations 2007 when, on 6 February 2019 he wrote an article in the Toodyay Herald in which he allegedly sought to minimise the perceived seriousness of his prior breaches under the Regulations and set out to denigrate the Complainant, as set out in paragraph 18 below. |
09/10/2020 |
NA |
NA |
NA |
NA |
NA |
NA |
|
07/02/2019
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SP 2019-009 |
OCP39819 AND OCP39820 / ICR71548 |
Cr Bell |
CEO Reported to Department |
Alleged Recurrent Minor Breach on 6 February 2019 of Regulation 7 - Securing Personal advantage or disadvantaging others when he made a Facebook Post
that was intended to cause detriment to the Complainant as set out in paragraph 18 |
09/10/2020 |
NA |
NA |
NA |
NA |
NA |
YES |
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07/02/20219
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SP 2019-010 |
OCP39819 AND OCP39820 / ICR71548 |
Cr Bell |
CEO Reported to Department |
Alleged Recurrent Minor Breach on 6 February 2019 of Regulation 7 - Securing Personal advantage or disadvantaging others when he:
i. made a Facebook Post on 10 February 2019 in respect to minor breach
findings against him;
ii. made a Facebook Post on 10 February 2019 in respect to use of legal
representation by the Shire; and
iii. made a Facebook Post on 10 February 2019 in respect to Cr Therese Chitty;
and |
09/10/2020 |
NA |
NA |
NA |
NA |
NA |
YES |
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07/02/2021
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SP 2019-046 |
OCP39819 AND OCP39820 / OCR39433 and OCP39434 / ICR71548 |
Cr Bell |
CEO Reported to Department |
Alleged Recurrent Minor Breach on 6 February 2019 of Regulation 7 - Securing Personal advantage or disadvantaging others |
09/10/2020 |
NA |
NA |
NA |
NA |
NA |
NA |
|
17/05/2019
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SP 2019-008 |
OCP39643 AND OCR39644 OCP42016 - |
Cr Bell |
CEO Reported to Department |
Alleged Recurrent Minor Breach ON 15 February 2019 of Regulation 7 - Securing Personal advantage or disadvantaging others
Alleged Recurrent Minor Breach ON 10 May 2019 of Regulation 7 - Securing Personal advantage or disadvantaging others
|
09/10/2020 |
NA |
NA |
NA |
NA |
NA |
NA |
|
11/06/2019
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SP 2019-052 (Complaint 1) |
OCR50998 / ICP62999 |
Cr Rayner |
Cr Bell |
Alleged Minor Breach on 16 Feb 2019 of Regulation Regulation 6, 7 and 8 of the Rules of Conduct Regulations when the February edition of the Toodyay Community Newsletter published details of prior minor breach complaints SP 52 of 2018, SP 53 of 2018 and SP 54 of 2018 |
17/10/2019 |
NA |
NA |
NA |
NA |
NA |
NA |
|
11/06/2019
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SP 2019-053 (Complaint 2) |
OCR50998 / ICP62999 |
Cr Rayner |
Cr Bell |
Alleged Minor Breach on 16 Feb 2019 of Regulation Regulation 6, 7 and 8 of the Rules of Conduct Regulations when the February edition of the Toodyay Community Newsletter published details of prior minor breach complaints SP 52 of 2018, SP 53 of 2018 and SP 54 of 2018 |
17/10/2019 |
NA |
NA |
NA |
NA |
NA |
NA |
|
11/06/2019
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SP 2019-054 (Complaint 3) |
OCR50998 / ICP62999 |
Cr Rayner |
Cr Bell |
Alleged Minor Breach on 16 Feb 2019 of Regulation Regulation 6, 7 and 8 of the Rules of Conduct Regulations when the February edition of the Toodyay Community Newsletter published details of prior minor breach complaints SP 52 of 2018, SP 53 of 2018 and SP 54 of 2018 |
17/10/2019 |
NA |
NA |
NA |
NA |
NA |
NA |
|
11/06/2019
|
SP 2019-055 (Complaint 4) |
OCR50998 / ICP62999 |
Cr Rayner |
Cr Bell |
Alleged Minor Breach on 16 Feb 2019 of Regulation Regulation 6, 7 and 8 of the Rules of Conduct Regulations when the February edition of the Toodyay Community Newsletter published details of prior minor breach complaints SP 52 of 2018, SP 53 of 2018 and SP 54 of 2018 |
17/10/2019 |
NA |
NA |
NA |
NA |
NA |
NA |
|
11/06/2019
|
SP 2019-056 (Complaint 5) |
OCR50998 / ICP62999 |
Cr Rayner |
Cr Bell |
Alleged Minor Breach on 16 Feb 2019 of Regulation Regulation 6, 7 and 8 of the Rules of Conduct Regulations when the February edition of the Toodyay Community Newsletter published details of prior minor breach complaints SP 52 of 2018, SP 53 of 2018 and SP 54 of 2018 |
17/10/2019 |
NA |
NA |
NA |
NA |
NA |
NA |
|
11/06/2019
|
SP 2019-057 (Complaint 6)
SP 2019-058 (Complaint 7)
SP 2019-059 (Complaint 8) ; and
SP 2019-060 (Complaint 9) |
OCR50999 / ICP62999 |
Cr Rayner |
Cr Bell |
Alleged Minor Breach on 9 May 2019 of Regulation Regulation 7 and 8 of the Rules of Conduct Regulations |
17/10/2019 |
NA |
NA |
NA |
NA |
NA |
NA |
|
11/06/2019
|
SP 2019-061 |
OCR61001 |
Cr Greenway |
Cr Bell |
Alleged Minor Breach on 27 March 2019 of Regulation Regulation 7(1)(b) of the Local Government (Rules of Conduct) Regulations 2007 (“the Regulations”) when she replied to an email from another councillor, which was sent to all councillors, the Shire’s Chief Executive Officer and five senior staff members. |
06/11/2019 |
NA |
NA |
NA |
NA |
NA |
NA |
|
11/06/2019
|
SP 2019-062 |
ICP59863 / OCR51000 |
Cr Chitty |
Cr Bell |
Alleged Minor Breach on 27 March 2019 of Regulation 7(1)(b) of the Local Government (Rules of Conduct) Regulations 2007 (“the Regulations”) when she sent an email on 27 March 2019 to all councillors, the Shire’s Chief Executive Officer and five senior staff members. |
04/11/2019 |
NA |
NA |
NA |
NA |
NA |
NA |
|
06/08/2019
|
SP 2019-075 |
ICP62996 |
Cr Rayner |
Cr Bell |
Alleged Minor Breach of Regulation No. 4 when, at the Ordinary Council Meeting of the Shire of 28 May 2019 (“the OCM”), Cr Rayner (in his capacity as Presiding Member): a. reopened discussion on Council Resolution number 107/05/19; and
b. reopened discussion of Council Resolution number 63/03/19, |
17/10/2019 |
NA |
NA |
NA |
NA |
NA |
NA |
|
02/06/2020
|
SP 2020-040 |
ICP81031 |
Cr Madacsi |
Cr Chitty |
Alleged breach of regulation 6 of the Local Government (Rules of Conduct) Regulations 2007 (“the Regulations”); and b. regulation 7 of the Regulations,
when on 13 April 2020 she made some comments on Facebook which allegedly
released confidential information and potentially caused a disadvantage to the Shire
and its staff |
19/11/2019 |
NA |
NA |
NA |
NA |
NA |
NA |
|
02/06/2020
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SP 2020-041 |
ICP81031 |
Cr Madacsi |
Cr Chitty |
Alleged breach of regulation 9 of the Local Government (Rules of Conduct) Regulations 2007 when she sent an email to the Acting Chief Executive Officer of the Shire requesting that a certain staff member be retained as further set out in paragraph 15 below. |
19/11/2021 |
NA |
NA |
NA |
NA |
NA |
NA |
|
08/10/2020
|
SP 2020-046 |
ICR73826 |
Cr Bell |
Mr S Scott |
Alleged Breach of Regulation 7 (1)(b) of the Local Government (Rules of Conduct) Regulations 2007 WA relating to a facebook post that was intended to cause detriment to the complainant |
13/01/2021 |
NA |
YES |
YES |
NA |
NA |
YES |
| 29/10/2020 |
SP 2020-030 |
ICR72471 |
Cr Madacsi |
Mrs C Luangala |
Alleged breach of Regulations 6, 7 and 10 of the Local Government (Rules of Conduct) Regulations 2007 (WA) when she made comments on Facebook that disclosed information from a document marked confidential by the Acting Chief Executive Officer |
03/11/2020 |
NA |
NA |
NA |
YES |
NA |
YES |