Bungendore Mirror

Pick the conflict of interest Survey

By John Mitchell
A councillor’s challenge to a member of the public gallery that he name the councillors he alleged had a conflict of interest, and the gallery member’s acceptance of that challenge, has again highlighted the difference between some councillors and members of the public in their understanding of what constitutes a conflict of interest.

The Local Government Act describes possible conflicts as being ‘pecuniary’ and ‘non pecuniary’. A ‘pecuniary’ interest involves a relationship with a matter before the council which would give the councillor a financial benefit. A ‘non-pecuniary’interest is membership or association with an individual or group doing business with the council which raises the possibility of a ‘favour’ or a ‘disfavour’ being done. While successive Palerang mayors, and before that Yarrowlumla and Tallaganda mayors, have insisted that the declaration of an interest is up to the individual councillors, changes to the Local Government Act now oblige the General Manager and other councillors to advise the council if they are aware of circumstances which would create a conflict.

If a councillor has a conflict of interest he or she must declare the interest and leave the council chamber while the matter is being considered. If the councillor is aware of the conflict, he or she may ask for advice from the top table.

The test of a conflict of interest is how a ‘reasonable’ person would judge the relationship between a councillor and a matter before the council. Accordingly, the Mirror has decided to ask you our readers, the most reasonable of people, how you would judge a series of scenarios which may or may not involve a conflict of interest.

If you'd prefer to print it out, and Mail or Fax it to us, use this PDF version.

Scenario 1 A councillor's vote was crucial to the approval of a rural subdivision, which had been opposed by the community and Council’s planning staff, shortly before a council election.
Should the councillor have accepted a donation from the developer towards his/her election campaign?
Yes     No Unsure
Scenario 2 Council is considering a development application for a rural subdivision. A councillor was the best friend of the applicant’s deceased husband. He will receive no benefit from the development.
Should he/she disclose an interest?
Yes     No Unsure
Scenario 3 A developer has made an application to rezone adjoining farmland to allow the expansion of an existing urban subdivision. A councillor’s business is retained by the developer to provide a service in the sale of the subdivision blocks. Expansion of the subdivision will provide a direct benefit to the councillor's business.
Should the councillor declare an interest in Council’s consideration of any matters related to the rezoning?
Yes     No Unsure
Scenario 4 Council is considering a development application for a rural subdivision which includes 'special' entitlements. The entitlements can be allowed by the Council, providing there is a demonstrated need and they can satisfy the planning scheme’s objectives. Each time the Council considers an application involving the entitlements one councillor argues that the Council has no discretion in the matter and must grant the entitlements.
Each application approved tends to reinforce the case for those that will follow. The councillor has made an application for a subdivision including the 'special' entitlements which has not yet come before the Council.
Should he/she declare an interest and leave the room?
Yes     No Unsure
Scenario 5 Each year the Council considers a budget which votes money for the Council’s operations for the coming year. The councillors can, and do, challenge the priorities and details of the spending proposals which are listed as items, line by line. A councillor’s business provides a service to the Council which is funded by a budget line item.
Should he/ she ask that the item be considered separately and declare an interest?
Yes     No Unsure
Scenario 6 Council is considering a new planning scheme for the council area. A councillor has made a submission during the public exhibition of the scheme. If the councillor’s proposal is adopted, it will result in a substantial increase in the value of the councillor’s property.
Should he/she declare an interest?
Yes     No Unsure
Scenario 7 A developer has a substantial interest in the Council area and has frequent dealings with the Council including development applications. A councillor received a donation from the developer towards an election campaign.
Should he/she declare an interest when the developer’s business is considered by the Council?
Yes     No Unsure

If your answer is Yes , will the need to declare an interest carry over to successive Council terms, even though no further donations have been made?
Yes     No Unsure
Scenario 8 Council is considering a request for a financial contribution to assist in the publication of a book which is a collection of essays, poems and photographs celebrating a rainforest in the Council area. The book will help encourage tourism to the forest and surrounding area. A councillor has contributed a poem to the book. He/ she will receive no benefit apart from the glory of having the poem published.
Should he/she declare an interest?
Yes     No Unsure
Scenario 9 Council is considering a development application. A councillor is currently involved in negotiating a substantial contract with the applicant which is not related to the application before the Council.
Should he/she declare an interest?
Yes     No Unsure
Scenario 10 A councillor’s business derives a significant amount of its income from a service provided for a developer with substantial interests in the Council area. There is no direct link between the service and any matter before the Council.
Should the councillor declare an interest?
Yes     No Unsure
Scenario 11 Council is considering a new planning scheme for the Council area. A councillor is an office bearer in an organisation that has made a submission during the public exhibition of the scheme. If the organisation’s proposals are adopted, it will result in a substantial increase in the value of the rural properties including that of the councillor.
Should he/ she declare an interest?
Yes     No Unsure

Thank you  for taking part in this small bit of community feedback to our Council

Now please give us your name Please tell us your name and address or which area of Palerang Council you live in. If we're presenting this to Council as a valid survey, we can't count anonymous or multiple entries. You can add anything else you think is relevant to the debate here.Thanks!