CODES OF CONDUCT FOR
EMPLOYEES
Conduct
The Council has various Codes of Conduct in operation which relate to confidentiality and general conduct. These include; Gifts and Hospitality, Financial and Non-Financial Interests, Council Owned Vehicles together with a Code for Member/Officer Relations. Some of the key points are mentioned below:
As an employee of the Council, you must remember that you are employed to serve our customers and must behave, at all times, according to the high standards which they are entitled to expect.
The Council, as the employer, is entitled to expect a high standard of integrity, conduct and loyalty from its employees.
You must not communicate to anyone, especially those outside of the Council the proceedings of any member or employee meeting held in private session, nor the contents of any document or other proceedings relating to the Council unless required by law or authorised to do so by your Service Manager.
Information concerning another employee’s private affairs must not be supplied to any person outside the service of the Council unless the consent of that employee is first obtained.
You must ensure that your conduct is conducive with these high expectations of our customers. You are a representative of the Council at all times and should act accordingly. You are expected to conduct yourself in the course of your duties to the high standards of courteous and polite behaviour our customers, members, colleagues and suppliers expect.
Code of Conduct on Declaring Interests, Gifts and Hospitality
1. GENERAL CONSIDERATIONS
1.1 Local government employees must at all times be seen to act fairly and impartially. Your conduct is open to public scrutiny, and you should not be embarrassed to explain it to anyone. The public should never have reason to suspect your work-related actions or decisions are influenced by your private interests.
1.2 You must not engage in any additional employment or outside activity that conflicts with the Council’s interests or could damage public confidence.
1.3 This Code sets out the general rules all employees should follow in two main areas:
(a) Pecuniary and other interests (that is, where something in your private life may be affected by an action or decision of the Council); and
(b) Offers of gifts or hospitality.
1.4 The examples given cannot cover every situation that may arise. If you are in any doubt, seek advice from your Service Manager and/or the Monitoring Officer.
INTERESTS
2. Pecuniary Interests in Contracts – The Law
2.1 You have a pecuniary interest if any of the following people or organisations has something to gain or lose financially from a contract the Council has entered into or proposes to enterinto:
(a) you
(b) your husband/wife or civil partner
(c) a company or body or partnership in which you or your husband/wife/civil partner is a member or partner
(d) an employer of you, or your husband/wife/civil partner.
2.2 If you have an interest of this type you must notify your Service Manager and the Monitoring Officer in writing or by email as soon as you know of it. Details will be entered in a register which District Councillors (but not the public at large) can see.
Note: If you fail to disclose an interest of this type of which you are aware you could be committing an offence.
3. Pecuniary Interests - General
3.1 You have a pecuniary interest if you, or your husband/wife/personal partner, has something to gain or lose financially from any matter the Council is dealing with. Examples might be:
(a) applications for planning permission to the Council;
(b) applications for statutory licences from the Council (e.g., liquor or taxi licences).
(c) applications for grants from the Council.
(d) whether an area of land is to be designated for development.
3.2 You do not have a pecuniary interest under paragraph 3.1 where the matter affects the public at large (e.g., the level of Council Tax, or charges for parking or use of leisure facilities).
3.3 If you have a pecuniary interest in a matter the Council is dealing with you must notify your Service Manager and the Monitoring Officer in writing or by email as soon as you know of it. Details will be entered in a register.
3.4 If the interest is significant in relation to your position within the Council, you should also consider whether it would be appropriate to notify a pecuniary interest of a relative (other than your spouse/partner) or a close friend or associate, or an organisation you are a member of.
4. Other Interests
4.1 These can arise where a person or organisation close to you could gain or lose from a matter the Council is dealing with.
4.2 You need ONLY declare an interest of this type if in the normal course of your job you or a member of your team would be responsible for dealing with the matter. If this is the case, you should notify your Service Manager.
4.3 Examples of personal interests are where a close friend or family member (other than your spouse/partner), or a club or organisation you are a member of, has an interest of a type listed in 3.1 above.
5. GIFTS AND HOSPITALITY
5.1 The general rule is that, by law, you must not accept any fee or reward from an external source for carrying out your duties. You may commit an offence if you do so.
5.2 If you are offered a gift or hospitality because of your work for the Council, the following rules apply. If in doubt, seek advice from your Service Manager and/or the Monitoring Officer.
5.2.1 You can accept the following without having to disclose their receipt:
(a) refreshments in the form of “working lunches” or similar,
(b) small items of low value (e.g., diaries, pens, stationery) where the donor freely gives these to a variety of customers.
5.2.2 You can accept the following, but you must notify receipt (in writing or by email) to your Service Manager and the Monitoring Officer
(a) Hospitality (including for your spouse/partner) where you are representing the Council and, in the opinion of your Service Manager or Line Manager, the level and type of hospitality is not excessive
(b) Invitations where hospitality is included as part of the event and there is a genuine need to represent or impart information on behalf of the Council
(c) Modest gifts (e.g., chocolates, flowers), especially if these are intended as thanks for good service and refusal may cause embarrassment.
5.2.3 You should never accept the following
(a) any expensive gift.
(b) any offer of a gift or hospitality if you suspect the giver has an ulterior motive (for example, that they are about to apply for planning permission).
(c) travel or accommodation when visiting an actual or potential customer, client, or contractor of the Council, unless approved by your line manager.
5.3 Officers in senior positions, or those whose duties include the power to influence the outcome of applications for planning permission, licences, grants etc, should consider whether it would be appropriate in a particular case to notify instances where a gift or hospitality has been offered but refused.
6. DEALINGS WITH MEMBERS
6.1 For guidance on dealing with members of the Council, see the Local Code for Member/Officer Relations
7. CONCERNS ABOUT IMPROPER CONDUCT OF OTHERS
7.1 If you have any concerns about fraudulent or corrupt acts concerning the Council, see the Council’s Anti-Fraud, Money Laundering and Whistle Blowing at Work Policies.
Code of Conduct for Member/Officer Relations
INTRODUCTION
1.1 The purpose of this code is to guide members and officers of the Council in their relations with one another to ensure the smooth running of the Council. In particular it:
a. offers guidance on some of the issues that most commonly arise.
b. serves as a guide to dealing with issues that are not specifically covered in this Code.
c. should ensure that members receive objective and impartial advice.
d. should ensure that officers are protected from accusations of bias and undue influence from members.
1.2 Much of this Code reflects the principles underlying the statutory Code of Conduct for members. The object of that Code is to enhance and maintain the integrity (real and perceived) of local government by demanding very high standards of personal conduct by elected members.
2. STATUTORY CODE OF CONDUCT FOR MEMBERS
2.1 The Council’s Code of Conduct for Members is at Chapter 32 of the Constitution. Various provisions of the Code are relevant to member/officer relations. These are shown below.
2.2 The Code of Conduct requires members:
a. not to use their position improperly to obtain an advantage to themselves or any other person or body.
b. not to use Council resources improperly for political purposes or any other purposes forbidden by the Council.
c. not to do anything likely to compromise the impartiality of officers.
d. not to bully anyone, by displaying any offensive, intimidating, malicious, insulting or humiliating behaviour.
e. not to disclose any information that is confidential without authority or a legitimate reason.
f. not to prevent anyone from obtaining information to which they are entitled by law; and
g. not to do anything that may cause the Council to breach any of the Equality laws that prohibit discrimination on grounds such as age, sex, race, disability, religion/belief, sexual orientation of pregnancy.
2.3 It is important that any dealings between members and officers should observe these reasonable standards of courtesy and professionalism, and that neither party should seek to take unfair advantage of their position.
3. Member concern about officer’s conduct or capability
3.1 Members should not raise matters relating to the conduct or capability of a Council employee,
or of employees collectively, at meetings held in public. This is a long-standing tradition in
public service. Employees have no means of responding to criticisms like this in public.
3.2 If a member feels that an officer has not treated him with proper respect or courtesy or has any concern about the conduct or capability of a Council employee, he should initially consider whether it would be appropriate to raise the matter through direct discussion with the employee concerned. Whether this is appropriate will depend largely on the nature and seriousness of the conduct, and the level of seniority of the employee. If the member fails to resolve the matter through discussion with the employee or feels that such an approach would not be appropriate, he should raise the matter with the relevant Executive Head. The Executive Head will look into the facts and report back to the member. If the member continues to feel concerned, he should then report the facts to the Chief Executive who will look into the matter afresh.
4. Officer concern about member’s conduct
4.1 Where an officer:
a. feels a member has not treated him with respect and courtesy, or
b. is concerned about any action or statement by a member relating to himself, or to a colleague, he should raise the matter with the member concerned, or with his/her own Line Manager, Executive Head, or the Chief Executive, as appropriate. Line Managers should normally refer matters reported to them to their ServiceManager. Where the matter is raised with an Executive Head or Chief Executive, he will take appropriate action which may include approaching the individual member and/or Group Leader. If the Executive Head or Chief Executive considers that the member has been in breach of the Code, he will discuss the matter with the Monitoring Officer who will consider reference to the Standards Committee.
5. Candidates for appointment to the Council
5.1 The Council’s Standing Orders for General Procedures (Chapter 27) lay down procedures to be followed where a candidate for appointment to the Council is related to a member or senior
officer. Standing Orders also specifically prevent candidates for appointment from canvassing
members, and members from soliciting an appointment for any person.
6. Close Personal Relationships between officers and members
6.1 Mutual respect between members and officers is essential to good local government. However, close personal familiarity between individual members and officers can damage this relationship and prove embarrassing to other members and officers.
6.2 The Council recognises that in a large organisation it is inevitable that there may be close social or personal relationships between members and officers. These relationships may have commenced before, or after, a councillor is elected to the Council or before, or after, a person becomes employed by the Council. The councillor should disclose any such relationship to his Group Leader and the Monitoring Officer, and the employee to his Service Manager. The Monitoring Officer and appropriate Service Manager will arrange for the relationship to be entered in the Register of Member and Officer Interests respectively. In order to maintain the integrity of the individuals concerned and the Council such relationships should never be hidden. To do so can lead to suspicion and mistrust. The Group Leaders and Executive Head should take what steps they reasonably can to ensure that neither the member nor the employee is placed in a position where their relationship will be seen to conflict with this Code or with the Council’s Code of Conduct.
7. Officers and “senior” members - working relations
7.1 It is clearly important that there should be a close working relationship between Cabinet members, Group Leaders and Committee or Panel Chairmen, and Executive Heads and other senior officers. However, such relationships should never be allowed to become so close, or appear to be so close, as to bring into question the officers’ ability to deal with other members and other party groups.
7.2 A Member of the Cabinet, or the Chairman of a Panel or Committee will routinely be consulted as part of the process of drawing up the agenda for a forthcoming meeting. Sometimes an officer will be under a duty to submit a report to a meeting on a particular matter. An Executive Head or other senior officer will always be fully responsible for the contents of any report submitted by his/her Service. This means that any such report will be amended only where the amendment reflects the professional judgement of the author of the report. Any issues arising in this area should be referred to the Chief Executive for resolution in conjunction with the Leader of the Council or Chairman of the Panel or Committee, as appropriate. If a report is issued in the name of a member of the Executive, it should make clear that any views or recommendations they contain are those of the member (or of the Cabinet as a whole, if appropriate).
7.3 In addition to the briefing before any meeting, minority group representatives will also be afforded the opportunity of a briefing through their appropriate spokesman.
7.4 Except where the Council’s scheme of delegations enables a decision to be taken by a Cabinet member, the law only allows for decisions to be taken by the Council, Cabinet, a Committee, a Sub-Committee or an officer. If a meeting resolves to authorise a named officer(s) to take action in consultation with a member(s), it must be recognised that it is the officer, not the member, who takes the action and the officer who is accountable for it.
7.5 Where a Portfolio Holder takes a decision under delegated powers, the Portfolio Holder is personally accountable for the decision.
7.6 Officers within a Service are accountable to their Service Manager.
7.7 While officers should always seek to assist Portfolio Holders and Chairmen (or indeed any member), they must not, in so doing, go beyond the bounds of whatever authority they have been given by their Service Manager. Members should not put staff in a position that could give rise to conflict between them and their Manager and/or Service Manager.
8. Officer Advice to Political Groups
8.1 Officers serve the Council as a whole and not exclusively any political group, combination of groups or any individual member of the Council.
8.2 It is common practice for political groups to give preliminary consideration to Council business before the matter is considered by the relevant Council decision making body. Officers may properly be called upon to support and contribute to deliberations by party groups, and the support provided can take many forms, ranging from a briefing meeting with a Chairman or spokesman before a formal meeting, to a presentation to a full party group meeting. However, the following rules must be followed:
a. Officers must at all times maintain political neutrality.
b. Officers must treat all political groups and individual members in a fair and even-handed manner. Whilst in practice support is likely to be in most demand from whichever party group is for the time being in control of the Council, support is available to all party groups.
c. Requests for officers to attend any party group meeting must be made through the appropriate Service Manager. The Service Manager will advise the Chief Executive of any requests made.
d. Officer support must not extend beyond providing information and advice on Council business. Officers must not be involved in advising on matters of party business. The observance of this distinction will be assisted if officers are not expected to be present at meetings or part of meetings when matters of party business are to be discussed.
e. Conclusions reached at party meetings must not be interpreted or acted upon as decisions on behalf of the Council.
f. Officers must interpret any request for advice, and advice given, as confidential and not accessible to any other political group. They must not relay the content of any discussions at which they are present to another political group. However, factual information upon which the advice is based will, if requested, be available to all political groups.
g. An officer’s advice to a political group or member, or help in formulating a policy, must not be assumed to be support by the officer for the policy.
h. Officers’ advice to a party group cannot be a substitute for providing all necessary information and advice to the Cabinet, Panel or Committee when the matter in question is considered.
i. Unless otherwise agreed in advance with the Chief Executive, officers will not attend party group meetings that include persons who are not members of the Council. Where, exceptionally, attendance in these circumstances has been agreed by the Chief Executive, officers must exercise special care in providing information and advice. Persons who are not Councillors will not be bound by the Code of Conduct, in particular, the provisions concerning the declaration of interests and confidentiality. For this and other reasons officers may not be able to provide the same level of information and advice as they would to a members only meeting.
8.3 Any particular cases of difficulty or uncertainty in this area must be raised with the Chief Executive, who will discuss them with the relevant group leader(s).
9. Support Services to Members and Political Groups
9.1 The only basis on which the Council can lawfully provide support services (e.g., stationery, typing, printing, photocopying, transport etc) to members is to assist them in discharging their role as members of the Council. Such support services must therefore only be used on Council business. They should never be used in connection with party political or campaigning activity or for private purposes.
9.2 In particular the post distribution system should only be used by members for circulating correspondence and literature relating specifically to Council business. This can include Group correspondence directly relating to Council business.
9.3 Apart from accommodation and services that are specifically dedicated to members, the Council’s offices, services and sources of information may be used only through the officers. Members should not go into, or use, any offices or sources of information without an officer in attendance.
10. Ceremonial Events
10.1 Any member taking part in a ceremonial event (see section 15 below) must not seek disproportionate personal publicity or use the occasion for party political advantage, bearing in mind that he or she is representing the Council as a whole.
10.2 See also section 11 concerning members’ rights of access to information.
10.3 Any information not in the public domain provided by the Council to a member must only be used for the purpose for which it was provided, i.e., in connection with the proper performance of the member’s duties as a member of the Council. Any member who obtains any information or documents from any source provided to another member should not make use of, or release that information or document(s), without the consent of the member for whom it was intended. Any information relating to employee matters should always be regarded as confidential. Confidential information provided to members should not be discussed with, or released to, any other persons. Confidential information provided to an individual member should not be discussed with other members without the permission of the person giving the information. In particular, confidential information should never be disclosed or used for the personal advantage of a member or of anyone known to him, or to the disadvantage or the discredit of the Council or anyone else.
10.4 It should be noted that agenda and reports for Council, Cabinet, Panel and Committee meetings are to be treated as confidential unless and until they become public in the ordinary course of the Council’s business (see Standing Orders for General Procedures No. 8). Reports may be amended, or withdrawn from agenda, at any time up to agenda issue. If a member obtains an advance copy of a report, its contents should not be made public until the agenda containing it is issued.
11. OTHER LEGISLATIVE PROVISIONS CONCERNING MEMBER/OFFICER RELATIONS
11.1 Members’ Rights of Access to Information and to Council Documents
11.2 The legal rights of members to inspect Council documents is covered partly by statute, and partly by common law. The following paragraphs give guidance on the circumstances in which members may legitimately require officers to give them access to Council documents.
11.3 It is however important to note that these rights only apply where members are undertaking Council business. Where a member has a private or personal interest in a matter, the member
will only be entitled to the same access to documents as would be the case for a private individual. In these circumstances the member must make it clear to the employee that he is acting on his own behalf and not acting as a Councillor.
11.4 Members may approach any Council Service to obtain such reasonable information, explanation and advice about that Service’s functions to assist in discharging their role as members of the Council or any particular role, e.g., representative on an outside body to which they have been appointed by the Council. This can range from a request for general information or research about some aspect of a Service’s activities to a request for specific information on behalf of a constituent. Such approaches should normally be made to the Service Manager or another senior officer of the Service concerned. In cases of doubt, the appropriate Service Manager or the Monitoring Officer should be asked for assistance.
11.5 Members have a statutory right to inspect any Council document, including any relevant background papers, containing material relating to any business which is to be transacted in public at a Council, Cabinet, Panel, Committee or Sub-Committee meeting. This right applies irrespective of whether the member is a member of any of the bodies concerned.
11.6 This statutory right does not, however, apply to documents or background papers appearing as private session items on agenda for meetings. Therefore, members not on the particular Committee etc do not have a statutory right to inspect confidential or exempt information, for example that relating to employees, occupiers of Council property, applicants for grants and other services, the care of children, contract and industrial relations negotiations, advice from Counsel and criminal investigations. The only exception relates to Overview and Scrutiny Panels. Members of Overview and Scrutiny Panels have the right to exempt or confidential information that is in the possession or under the control of the Executive and contains material relating to:
a. business transacted at a meeting of a decision-making body; or
b. a Portfolio Holder decision; or
c. a key decision made by an officer
if the information is relevant to an action or decision the Panel is reviewing, or to a review contained in the Panel’s work programme.
11.7 The common law right of members is much broader. It is based on the principle that any member has a prima facie right to inspect Council documents provided his/her access to the documents is reasonably necessary to enable the member properly to perform his/her duties as a member of the Council. This principle is commonly referred to as the “need to know” principle.
11.8 The exercise of this common law right therefore depends upon the member’s ability to demonstrate that he/she has the necessary “need to know”. In this respect a member has no right to “a roving commission” to go and examine documents of the Council. Mere curiosity is not sufficient. The crucial question is the determination of the “need toknow”.
11.9 This question must initially be determined by the particular Service Manager whose Service holds the document in question (with advice from the Monitoring Officer). A member will be expected to justify the request in specific terms. In the event of dispute, the question falls to be determined by the Standards Committee.
11.10 There will be a range of documents which, because of their nature, are either not accessible by members or are accessible only by the political group forming the administration and not by the other political groups. An example of this latter category would be draft documents compiled in the context of emerging Council policies and draft reports, the premature disclosure of which might be against the Council’s and the public interest.