BATHURST Regional Council is set to make determinations on two code of conduct complaints against councillor Alex Christian on Wednesday night.
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The complaints, made by Cr Jess Jennings and Bathurst resident Sandy Bathgate, are on the agenda for the council meeting after they were investigated by an independent party.
The items are to be discussed in the confidential session of Wednesday's meeting and, as such, the details of the complaints have been kept private.
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However, the Western Advocate understands the allegations against Cr Christian are regarding interactions with Cr Jennings and Mr Bathgate on separate occasions, both in person and online.
The Advocate understands Cr Christian has denied some, but not all, of the alleged conduct put forward in the complaints, and denies any breach of the code.
Council's general manager, David Sherley, said the items will be addressed in confidential because "they're a complaint and there have been no findings at this time".
"So therefore the administration procedures for the code of conduct complaints say that you go into confidential session first," he said.
"Any decision that is made by the council in that session will be made publicly available."
Mr Sherley confirmed that councillors involved in the complaints can't be in the chamber while the matters relating to them are discussed, and they will not be able to vote for a resolution.
"In accordance with the code, the councillor, the subject of the discussion, can make representations to council and then steps out of the room when the council debates that matter, and the person who put the complaint in would go out of the room as well," he said.
If Cr Christian is found to have breached the code, he could face formal censure.
Council's procedures for the administration of the code state that a councillor could be formally censured for the breach under section 440G of the Local Government Act, and that the matter could be referred to the Office of Local Government for further action under the act's misconduct provisions.
Those sanctions would need to be imposed by a resolution of the council.
The independent party will have provided council with recommendations after concluding their investigations into the complaints, but council is not obliged to adopt those recommendations.
According to the procedures of administration document, where council resolves not to adopt the investigator's recommendation, the complaints coordinator must notify the Office of Local Government of the council's decision and the reasons for it.
The council meeting will start at 6pm on Wednesday.
Members of the public are unable to attend in person due to COVID-19 restrictions, however the meeting will be livestreamed on council's YouTube channel.
The stream will be switched off prior to the start of confidential.
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