Councillors' code of conduct: consultation 2020

Section 3:  General Conduct

Respect and Courtesy

3.1 I will treat everyone with courtesy and respect. This includes in person, in writing, at meetings, when I am representing the Council and when I am online and using social media. 

Explanatory Note: The respect provision has been extended to everyone a councillor could come into contact or engage with when acting as such including, for example, contractors and employees of other bodies as well as other elected members, Council employees and members of the public. 

3.2 I will advance equality of opportunity; not discriminate unlawfully on the basis of race, age, sex, sexual orientation, gender reassignment, disability, religion or belief, marital status or pregnancy/maternity; and will seek to foster good relations between different people.

3.3 I will not engage in any conduct that could amount to bullying or harassment (including sexual harassment). I accept that such conduct is completely unacceptable and will be considered to be a breach of this Code.

3.4 I accept that disrespect, bullying and harassment can be a one-off incident, part of a cumulative course of conduct, or a pattern of behaviour. I understand that how, and in what context, I exhibit certain behaviours can be as important as what I communicate, given that disrespect, bullying and harassment can be physical, verbal and non-verbal conduct.

3.5 I accept that it is my responsibility to understand what constitutes bullying and harassment (including sexual harassment) and will utilise resources, including the Standards Commission's guidance and advice notes, Council policies and training material (where appropriate) to ensure that my knowledge and understanding is up to date.

Explanatory Note: The provisions concerning respect, bullying and harassment have been extended to make it clear that such behaviour can be a one-off or a course of conduct, and can be physical and non-verbal in nature.

3.6 I will not become involved in operational management of the Council's services as I acknowledge and understand that is the responsibility of its employees. 

3.7 I will not undermine any individual employee or group of employees, or raise concerns about their performance, conduct or capability in public. 

3.8 I will not take, or seek to take, unfair advantage of my position in my dealing with employees or bringing any undue influence to bear on employees to take a certain action. I will not ask or direct employees to do something which I know, or should reasonably know, could compromise them or prevent them from undertaking their duties properly and appropriately. 

Explanatory Note: These provisions have been moved from the Protocol on Relations Between Employees and Councillors, that is at Annex C in the existing Code (now Annex A), to increase awareness and to emphasise that a breach of them will be treated as a contravention of the Code.

3.9 I will follow the Protocol for Relations between Councillors and Employees at Annex A and note that a breach of the Protocol will be considered a breach of this Code. I will also comply with any internal protocol my Council has on councillor / employee relations.

3.10 I will respect and comply with rulings from the chair or convener during meetings of:
a) the Council, its committees or sub-committees; and
b) any outside organisations that I have been appointed or nominated to by the Council or that I represent the Council on.  

Explanatory Note: The provision requiring a councillor to respect the chair / convener and to comply with their rulings has been extended to apply to the chair / convener of any outside body the councillor has been nominated or appointed to by the Council.

Remuneration, Allowances and Expenses

3.11 I will comply with the rules, and my Council's policies, on the payment of remuneration, allowances and expenses.

Gifts & Hospitality

3.12 I will never ask for any gifts or hospitality.

3.13 I will never accept any gifts (including money raised via crowdfunding or sponsorship), hospitality, material benefits or services that are offered which might place me, or which would reasonably be regarded by a member of the public with knowledge of the relevant facts as placing me, under an improper obligation or which might influence, or might reasonably appear to influence, my judgement. 

3.14 I will consider whether there could be a reasonable perception that any gift or hospitality received by a person or body connected to me could or would influence my judgement. 

3.15 I will not allow the promise of money or other financial advantage to induce me to improperly perform any Council function. I accept that the money or advantage (including gifts or hospitality) does not have to be given to me. The offer of monies to others, including community groups, may amount to bribery, if the intention is to induce me to improperly perform a function.

3.16 I will never accept any gifts or hospitality from any individual or applicant who is awaiting a decision from, or seeking to do business with, the Council.

3.17 I will refuse any gifts offered unless it is: 
a) a minor item or token of modest intrinsic value offered on an infrequent  basis; or
b) a civic gift being offered to the Council.  

3.18 If I consider that declining an offer of a gift would cause offence, I will accept it and hand it over to the Council at the earliest possible opportunity and ask for it to be registered.  

3.19 I will refuse any hospitality offered other than that which would normally be associated with my duties as a councillor.

3.20 I will advise the Council's Monitoring Officer if I am offered (but refuse) any gifts or hospitality of any significant value and / or if I am offered any gifts or hospitality from the same source on a repeated basis, so that the Council can monitor this.

Explanatory Note: The provisions concerning gifts and hospitality have been amended to make it clear that they should not be sought or accepted unless it is a minor gift (such as a pen or notepad), or is hospitality that a councillor would normally be expected to be offered in their everyday role (such as tea or coffee at a local event, or a sandwich lunch included as part of a daily rate charged and provided to all delegates at a training event or conference).

Councillors will no longer be allowed to accept gifts and hospitality that members of the public would otherwise have to pay for, such as tickets to the theatre or sporting events, unless such an invitation has been made to the council and they have been asked by the council to attend on its behalf. The intention is to avoid any perception that councillors are using their role to obtain access to benefits that members of the public would otherwise be expected to pay for, and also to prevent them from being influenced (inadvertently or otherwise) into making decisions for reasons other than the public interest (for example, by serious organised crime gangs seeking to obtain contracts and licences to facilitate money laundering).

The requirement for councillors to advise their Council's Monitoring Officer of any offers of any gifts or hospitality of significant value or gifts and hospitality from the same source on a repeated basis is intended to ensure the council can take action if it appears the same individual or organisation is attempting to influence its elected members and decision-making.

Confidentiality

3.21 I will not disclose confidential information or information which should reasonably be regarded as being of a confidential or private nature, without the express consent of a person authorised to give such consent, or unless required to do so by law.  I note that if I cannot obtain consent, I will assume it is not given.

3.22 I accept that confidential information can include discussions, documents, information which is not yet public or never intended to be public, and information deemed confidential by statute. 

3.23 I will only use confidential information to undertake my duties as a councillor.  I will not use it in any way for personal or party political advantage or to discredit the Council (even if my personal view is that the information should be publicly available).

Explanatory Note: The provisions concerning the obligation to keep certain information confidential have been clarified and amended to make it clear they apply to all confidential information, not just information deemed to be confidential by statute. The amended version also makes it clear that the onus is on the councillor to check whether they have consent to disclose such information and that they cannot assume it can be disclosed if they are unable to obtain such consent. 

Dealings with and Responsibilities to the Council

3.24 I will only use Council resources, including employee assistance, facilities, stationery and IT equipment for carrying out Council duties in accordance with all my Council's relevant policies.

3.25 I will not use, or in any way enable others to use, council resources:
a) imprudently;
b) unlawfully;
c) for any party political or campaigning activities or matters relating to these; or
d) improperly for private purposes.

3.26 I will not use, or attempt to use, my position or influence as a councillor to:
a) improperly confer on or secure for myself, or others, an advantage;
b) create or avoid for myself, or others, a disadvantage; or
c) improperly seek preferential treatment or access for myself or others. 

3.27 I will avoid any action which could lead members of the public to believe that preferential treatment or access is being sought. 

Explanatory Note: The provisions on using council resources have been extended to cover their imprudent and unlawful use. Provisions preventing councillors from using their position as an elected member for their own advantage have been moved from the Protocol on Relations Between Employees and Councillors that is at Annex C in the existing Code (now Annex A) into the main body of the Code. These provisions have also been extended to state that councillors should not use their position to obtain a benefit for themselves or others and that they should also avoid doing anything that could lead the public to reasonably consider they were doing so, in order to maintain the public's confidence in the role of elected members and the Council as a whole.

3.28 I will advise employees of any connection I may have to a matter, when seeking information or advice from them.

Explanatory Note: This provision has been included to ensure that there is an onus on councillors to advise officers of any potential conflict of interest they may have in a matter when seeking advice or information out with any formal Council meeting.   

3.29 I will not participate in certain decisions concerning Council tax issues if I am in two months arrears in respect of the payment of Council tax. 

Explanatory Note: The requirement in the existing Code for councillors to repay any debts they owe to the Council at the earliest possible opportunity has been removed on the basis that it was unfair for councillors to be treated differently to other members of the public in this regard. It was considered, in any event, that it would be very difficult to establish what was 'the earliest possible opportunity'. The requirement in the existing Code that immediately followed on from that (for councillors to avoid situations that might lead members of the public to consider preferential treatment to be sought), has been moved to paragraph 3.26 above.

Appointments to Outside Organisations 

3.30 If I am appointed or nominated by the Council as a member of another body or organisation, I will abide by the rules of conduct, and will act in the best interests of, that organisation while acting as a member of it. I will also continue to observe the rules of this Code when carrying out the duties of the body or organisation.

3.31 I accept that if I am a director of a company or charitable trust, as a nominee of the Council, I will be responsible for identifying, and taking advice on, any conflict of interests that may arise between the company or charitable trust and the Council.