Why you can’t legislate for good behaviour in local council

Local councils are the level of government closest to the people and are responsible for shaping communities, managing services and representing the interests of their community. However many councils have become battlegrounds of incivility, dysfunction and conflict. This has led to increasing calls for stricter codes of conduct, legislative reforms, and enforcement mechanisms to regulate councillor behaviour. In Victoria the Local Government Amendment (Govenance and Integrity) Act 2024 has made a series of amendments to the Local Government Act 2020 (the LG Act 2020). It also introduces a Model Councillor Code of Conduct for all 79 councils across the State. While rules and regulations have their place, they cannot alone ensure respectful and constructive engagement. As Greg Power highlights in his book Inside the Political Mind, political behaviour is driven by deep-seated psychological and social factors that cannot be simply legislated away. Instead, local government must invest in training councillors to manage relationships, navigate conflict, and foster a culture of civility and collaboration.

The limitations of legislation

Codes of conduct and disciplinary measures have long been used to enforce behavioural standards in local government. However, as Power explains, political behaviour is shaped by intrinsic motivations such as personal identity, ideology, and social group dynamics. When councillors operate in an environment of political polarization, personal grievances, and power struggles, no amount of legislative oversight will stop conflicts from escalating.

One of the fundamental issues with relying solely on legislation is that it treats poor behaviour as a rule-breaking issue rather than a symptom of deeper relational dysfunction. Power emphasizes that politics is inherently adversarial, and when adversaries fail to see each other as legitimate counterparts, formal rules are unlikely to prevent personal attacks, obstructionist tactics and grandstanding. Moreover, councillors who feel unfairly targeted by disciplinary measures may respond with greater resistance, further entrenching divisions rather than resolving them.

A legislative approach also assumes that conflict is always a bad thing. In reality, healthy debate and disagreement are essential to democracy. The problem arises when conflicts become personal, unproductive or abusive. A code of conduct can outline acceptable standards, but it cannot teach councillors how to engage in respectful and constructive disagreement. Nor can it create the trust and goodwill necessary for cooperation.

Training councillors to manage conflict and relationships

If legislation is not the solution, what is? The answer lies in equipping councillors with the skills and mindset necessary to manage relationships and navigate conflict BEFORE it spirals out of control. This requires a proactive approach, focusing on training, coaching, and culture change within councils.

1. Developing emotional intelligence skills - councillors need to understand how their emotions influence their behaviour and decision-making. Training in emotional intelligence can help them regulate their reactions, listen actively, and engage more constructively with colleagues and constituents.
2. Building skills in conflict management and mediation - conflict is inevitable in politics, but it does not have to be destructive. Councillors should receive training in mediation techniques, active listening, and negotiation strategies to help them resolve disputes in a way that preserves relationships and focuses on problem-solving.
3. Encouraging values-based leadership - councils should foster a culture where councillors are guided by principles such as respect, integrity, and accountability. Leadership training should emphasize the importance of leading by example and prioritizing the long-term health of the institution over short-term political wins.
4. Facilitating collaborative decision-making - many conflicts arise from councillors feeling excluded or unheard. Providing training on consensus-building, structured dialogue, and collaborative decision-making processes can help ensure that all voices are considered and that discussions remain productive.
5. Providing ongoing coaching and support - one-off training sessions are not enough. Councillors should have access to ongoing coaching, peer support, and mentoring to reinforce learning and provide guidance when difficult situations arise.

Creating a culture of civility in local government

Changing behaviour in local councils requires more than just training individuals—it requires a cultural shift. Councils should actively promote civility by:

• Setting clear expectations for respectful behaviour and making civility a core organizational value.
• Recognizing and rewarding constructive engagement rather than just penalizing misconduct.
• Providing mechanisms for early intervention, such as confidential mediation services for councillors experiencing disputes.
• Encouraging public participation in a way that models respectful discourse and discourages toxic political environments.

Conclusion

Legislating for good behaviour in local councils alone is an ineffective strategy because it fails to address the underlying causes of incivility and conflict. As Inside the Political Mind demonstrates, political behaviour is driven by deep psychological and social factors that cannot be changed through regulation alone. Instead, councils must invest in training and cultural change, equipping councillors with the skills needed to manage relationships, engage in constructive conflict, and lead with integrity. Only by fostering a culture of civility and collaboration can local governments function effectively and serve their communities with the respect and diligence they deserve.

Take the Next Step Toward a Collaborative Council

Building collaboration in a divided Council requires skill, patience and leadership. If you’re looking for tailored support, my coaching and training services can help.

I offer:

• Mediation services
• Conflict management workshops tailored for Councils.
• Conflict management coaching for Mayors and Deputy Mayors to navigate difficult conversations and foster collaboration.

By investing in professional development, you can create a team that works together to serve your community effectively.

?? Learn more: https://www.lgconflictmanagement.com/

?? Book a consultation: https://www.lgconflictmanagement.com/contact-us or email me at [email protected] for more information.

For more insights on how to "Cut the Conflict in Council" listen to my podcast https://open.spotify.com/show/6CKK3UyjJDLoXEuvPgRkyo?si=9a42d3d8168145de

Let’s work together to transform division into unity and build a legacy of collaborative leadership in your Council.