Members Code of Conduct
Members Code of Conduct
Notes
- Washingborough Parish Council resolved on 15 June 2022 to adopt the LGA Model Code of Conduct in its entirety (including the NKDC amendment for registering gifts & hospitality).
- This Guidance on the Model Code of Conduct has been updated to reflect the recent changes to the Code of Conduct and was also adopted on 15 June 2022.
- Washingborough Parish Council will consider the recommendations from any reviews by LGA and / or NKDC and adopt any changes it considers appropriate through its governance processes.
- Website links have been included to legislation mentioned within the text. These, however, link to the specified legislation and not to any changes, updates or superseding legislation.
- Paragraphs within square brackets [ ] are not relevant to Washingborough Parish Council but are relevant to higher tier council(s). They are retained for completeness and to aid future updates from LGA and / or NKDC.
Table of Contents
Joint Statement
Part 1 - Introduction
Definitions
Purpose of the Code of Conduct
General principles of Councillor conduct
Application of the Code of Conduct
Part 2 General obligations under the Code of Conduct
Standards of councillor conduct
1. Respect
2. Bullying, harassment and Discrimination
3. Impartiality of officers of the council
4. Confidentiality and access to information
5. Disrepute
6. Use of position
7. Use of local authority resources and facilities
8. Complying with the Code of Conduct
Part 3 Protecting your reputation and the reputation of the local authority
9. Interests
10. Gifts and hospitality
Appendices
Appendix A - The Seven Principles of Public Life
Appendix B - Registering interests
Appendix C - The Committee on Standards in Public Life
Adoption of Policy
Local Government Association
Model Councillor Code of Conduct 2020
Joint statement
The role of councillor across all tiers of local government is a vital part of our country’s system of democracy. It is important that as councillors we can be held accountable and all adopt the behaviors and responsibilities associated with the role. Our conduct as an individual councillor affects the reputation of all councillors. We want the role of councillor to be one that people aspire to. We also want individuals from a range of backgrounds and circumstances to be putting themselves forward to become councillors.
As councillors, we represent local residents, work to develop better services and deliver local change. The public have high expectations of us and entrust us to represent our local area, taking decisions fairly, openly, and transparently. We have both an individual and collective responsibility to meet these expectations by maintaining high standards and demonstrating good conduct, and by challenging behaviour which falls below expectations.
Importantly, we should be able to undertake our role as a councillor without being intimidated, abused, bullied, or threatened by anyone, including the general public.
This Code has been designed to protect our democratic role, encourage good conduct and safeguard the public’s trust in local government.
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Part 1 - Introduction
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Definitions
- a) is a member of any committee or sub-committee of the authority, or;
- b) is a member of, and represents the authority on, any joint committee or joint sub- committee of the authority,
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Purpose of the Code of Conduct
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General principles of Councillor conduct
- I act with integrity and honesty,
- I act lawfully,
- I treat all persons fairly and with respect and
- I lead by example and act in a way that secures public confidence in the role of councillor.
- I impartially exercise my responsibilities in the interests of the local community,
- I do not improperly seek to confer an advantage, or disadvantage, on any person,
- I avoid conflicts of interest,
- I exercise reasonable care and diligence, and
- I ensure that public resources are used prudently in accordance with my local authority’s requirements and in the public interest.
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Application of the Code of Conduct
- you misuse your position as a councillor,
- Your actions would give the impression to a reasonable member of the public with knowledge of all the facts that you are acting as a councillor.
- at face-to-face meetings,
- at online or telephone meetings,
- in written communication,
- in verbal communication,
- in non-verbal communication,
- in electronic and social media communication, posts, statements and comments.
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Part 2 – General obligations under the Code of Conduct
Standards of councillor conduct
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1. Respect
1.1 I treat other councillors and members of the public with respect.
1.2 I treat local authority employees, employees and representatives of partner organisations and those volunteering for the local authority with respect and respect the role they play.
Respect means politeness and courtesy in behaviour, speech, and in the written word. Debate and having different views are all part of a healthy democracy. As a councillor, you can express, challenge, criticise and disagree with views, ideas, opinions and policies in a robust but civil manner. You should not, however, subject individuals, groups of people or organisations to personal attack.
In your contact with the public, you should treat them politely and courteously. Rude and offensive behaviour lowers the public’s expectations and confidence in councillors.
In return, you have a right to expect respectful behaviour from the public. If members of the public are being abusive, intimidatory or threatening you are entitled to stop any conversation or interaction in person or online and report them to the local authority, the relevant social media provider or the police. This also applies to fellow councillors, where action could then be taken under the Members Code of Conduct, and local authority employees, where concerns should be raised in line with the local authority’s councillor- officer protocol.
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2. Bullying, harassment and Discrimination
2.1 I do not bully any person,
2.2 I do not harass any person,
2.3 I promote equalities and do not discriminate unlawfully against any person.
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3. Impartiality of officers of the council
3.1 I do not compromise, or attempt to compromise, the impartiality of anyone who works for, or on behalf of, the local authority.
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4. Confidentiality and access to information
4.1 I do not disclose information:
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a. given to me in confidence by anyone
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b. acquired by me which I believe, or ought reasonably to be aware, is of a confidential nature, unless
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i. I have received the consent of a person authorised to give it;
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ii. I am required by law to do so;
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iii. the disclosure is made to a third party for the purpose of obtaining professional legal advice provided that the third party agrees not to disclose the information to any other person; or
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iv. the disclosure is:
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1. reasonable and in the public interest; and
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2. made in good faith and in compliance with the reasonable requirements of the local authority; and
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3. I have consulted the Monitoring Officer prior to its release.
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4.2 I do not improperly use knowledge gained solely as a result of my role as a councillor for the advancement of myself, my friends, my family members, my employer or my business interests.
4.3 I do not prevent anyone from getting information that they are entitled to by law.
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5. Disrepute
5.1 I do not bring my role or local authority into disrepute.
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6. Use of position
6.1 I do not use, or attempt to use, my position improperly to the advantage or disadvantage of myself or anyone else.
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7. Use of local authority resources and facilities
7.1 I do not misuse council resources.
7.2 I will, when using the resources of the local authority or authorising their use by others:
- a. act in accordance with the local authority's requirements; and
- b. ensure that such resources are not used for political purposes unless that use could reasonably be regarded as likely to facilitate, or be conducive to, the discharge of the functions of the local authority or of the office to which I have been elected or appointed.
- office support
- stationery
- equipment such as phones, and computers
- transport
- access and use of local authority buildings and rooms.
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8. Complying with the Code of Conduct
8.1 I undertake Code of Conduct training provided by my local authority.
8.2 I cooperate with any Code of Conduct investigation and/or determination.
8.3 I do not intimidate or attempt to intimidate any person who is likely to be involved with the administration of any investigation or proceedings.
8.4 I comply with any sanction imposed on me following a finding that I have breached the Code of Conduct.
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Part 3 – Protecting your reputation and the reputation of the local authority
9. Interests
9.1 I register and disclose my interests.
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10. Gifts and hospitality
10.1 I do not accept gifts or hospitality, irrespective of estimated value, which could give rise to real or substantive personal gain or a reasonable suspicion of influence on my part to show favour from persons seeking to acquire, develop or do business with the local authority or from persons who may apply to the local authority for any permission, licence or other significant advantage.
10.2 I register with the Monitoring Officer any gift or hospitality with an estimated value of at least £50 within 28 days of its receipt.
10.3 I register with the Monitoring Officer any significant gift or hospitality that I have been offered but have refused to accept.
10.4 I register with the Monitoring officer any gifts or hospitality received over a rolling 28 day period and which when totalled together during that 28 days has an estimated value of at least £50.
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Appendices
Appendix A - The Seven Principles of Public Life
Selflessness
Integrity
Objectivity
Accountability
Openness
Honesty
Leadership
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Appendix B - Registering interests
- 1. You must ensure that your register of interests is kept up-to-date and within 28 days of becoming aware of any new interest, or of any change to a registered interest, notify the Monitoring Officer.
- 2. A ‘sensitive interest’ is as an interest which, if disclosed, could lead to the councillor, or a person connected with the councillor, being subject to violence or intimidation.
- 3. Where you have a ‘sensitive interest’ you must notify the Monitoring Officer with the reasons why you believe it is a sensitive interest. If the Monitoring Officer agrees they will withhold the interest from the public register.
Non participation in case of disclosable pecuniary interest
- 4. Where a matter arises at a meeting which directly relates to one of your Disclosable Pecuniary Interests as set out in Table 1, you must disclose the interest, not participate in any discussion or vote on the matter and must not remain in the room unless you have been granted a dispensation. If it is a ‘sensitive interest’, you do not have to disclose the nature of the interest, just that you have an interest. Dispensation may be granted in limited circumstances, to enable you to participate and vote on a matter in which you have a disclosable pecuniary interest.
- 5. [ Where you have a disclosable pecuniary interest on a matter to be considered or is being considered by you as a Cabinet member in exercise of your executive function, you must notify the Monitoring Officer of the interest and must not take any steps or further steps in the matter apart from arranging for someone else to deal with it ]
Disclosure of Other Registerable Interests
- 6. Where a matter arises at a meeting which directly relates to the financial interest or wellbeing of one of your Other Registerable Interests (as set out in Table 2), you must disclose the interest. You may speak on the matter only if members of the public are also allowed to speak at the meeting but otherwise must not take part in any discussion or vote on the matter and must not remain in the room unless you have been granted a dispensation. If it is a ‘sensitive interest’, you do not have to disclose the nature of the interest.
Disclosure of Non-Registerable Interests
- 7. Where a matter arises at a meeting which directly relates to your financial interest or well-being (and is not a Disclosable Pecuniary Interest set out in Table 1) or a financial interest or well-being of a relative or close associate, you must disclose the interest. You may speak on the matter only if members of the public are also allowed to speak at the meeting. Otherwise you must not take part in any discussion or vote on the matter and must not remain in the room unless you have been granted a dispensation. If it is a ‘sensitive interest’, you do not have to disclose the nature of the interest.
- 8. Where a matter arises at a meeting which affects –
- a. your own financial interest or well-being;
- b. a financial interest or well-being of a relative or close associate; or
- c. a financial interest or wellbeing of a body included under Other Registrable Interests as set out in Table 2
you must disclose the interest. In order to determine whether you can remain in the meeting after disclosing your interest the following test should be applied.
- 9. Where a matter (referred to in paragraph 8 above) affects the financial interest or well-being:
- a. to a greater extent than it affects the financial interests of the majority of inhabitants of the ward affected by the decision and;
- b. a reasonable member of the public knowing all the facts would believe that it would affect your view of the wider public interest
You may speak on the matter only if members of the public are also allowed to speak at the meeting. Otherwise you must not take part in any discussion or vote on the matter and must not remain in the room unless you have been granted a dispensation.
If it is a ‘sensitive interest’, you do not have to disclose the nature of the interest.
- 10. [Where you have an Other Registerable Interest or Non-Registerable Interest on a matter to be considered or is being considered by you as a Cabinet member in exercise of your executive function, you must notify the Monitoring Officer of the interest and must not take any steps or further steps in the matter apart from arranging for someone else to deal with it]
Table 1: Disclosable Pecuniary Interests
Subject | Description |
---|---|
Employment,office, trade, profession or vocation | Any employment, office, trade, profession or vocation carried on for profit or gain. |
Sponsorship | Any payment or provision of any other financial benefit (other than from the council) made to the councillor during the previous 12-month period for expenses incurred by him/her in carrying out his/her duties as a councillor, or towards his/her electionexpenses. This includes any payment or financial benefit from a trade union within the meaning of the Trade Union and Labour Relations (Consolidation) Act 1992. |
Contracts |
Any contract made between thecouncillor or his/her spouse or civilpartner or theperson with whom thecouncillor is living as if they were spouses/civilpartners (or a firm in whichsuch person isa partner, or an incorporatedbody of which such person is a director* ora body thatsuch person has a beneficialinterest in the securities of*) and the council-
|
Land and Property | Any beneficial interest in land which iswithin the area of the council. ‘Land’ excludes an easement, servitude,interest or right in or over land which doesnot give the councillor or his/her spouse orcivil partner or the person with whom thecouncillor is living as if they were spouses/civil partners (alone or jointly with another)a right to occupy or to receive income. |
Licenses | Any licence (alone or jointly with others) to occupy land in thearea of the council for a month or longer |
Corporate tenancies |
Any tenancy where (to the councillor’s knowledge)-
|
Securities |
Any beneficial interest in securities* of a body where-
|
Table 2: Other Registrable Interests
You must register as an Other Registerable Interest:
- any unpaid directorships
- any body of which you are a member or are in a position of general control or management and to which you are nominated or appointed by your authority
- any body exercising functions of a public nature directed to charitable purposes or one of whose principal purposes includes the influence of public opinion or policy (including any political party or trade union) of which you are a member or in a position of general control or management
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Appendix C - the Committee on Standards in Public Life
- Recommendations for changes to the Localism Act 2011 to clarify in law when the Code of Conduct applies
- The introduction of sanctions
- An appeals process through the Local Government Ombudsman
- Changes to the Relevant Authorities (Disclosable Pecuniary Interests) Regulations 2012
- Updates to the Local Government Transparency Code
- Changes to the role and responsibilities of the Independent Person
- That the criminal offences in the Localism Act 2011 relating to Disclosable Pecuniary Interests should be abolished
- Local authorities should include prohibitions on bullying and harassment in codes of conduct. These should include a definition of bullying and harassment, supplemented with a list of examples of the sort of behaviour covered by such a definition.
- Councils should include provisions in their code of conduct requiring councillors to comply with any formal standards investigation and prohibiting trivial or malicious allegations by councillors.
- Principal authorities should review their code of conduct each year and regularly seek, where possible, the views of the public, community organisations and neighbouring authorities.
- An authority’s code should be readily accessible to both councillors and the public, in a prominent position on a council’s website and available in council premises.
- Local authorities should update their gifts and hospitality register at least once per quarter, and publish it in an accessible format, such as CSV.
- Councils should publish a clear and straightforward public interest test against which allegations are filtered.
- Local authorities should have access to at least two Independent Persons.
- An Independent Person should be consulted as to whether to undertake a formal investigation on an allegation, and should be given the option to review and comment on allegations which the responsible officer is minded to dismiss as being without merit, vexatious, or trivial.
- Where a local authority makes a decision on an allegation of misconduct following a formal investigation, a decision notice should be published as soon as possible on its website, including a brief statement of facts, the provisions of the code engaged by the allegations, the view of the Independent Person, the reasoning of the decision-maker, and any sanction applied.
- A local authority should have straightforward and accessible guidance on its website on how to make a complaint under the code of conduct, the process for handling complaints, and estimated timescales for investigations and outcomes.
- Formal standards complaints about the conduct of a parish councillor towards a clerk should be made by the chair or by the parish council, rather than the clerk in all but exceptional circumstances.
- Monitoring Officers’ roles should include providing advice, support and management of investigations and adjudications on alleged breaches to parish councils within the remit of the principal authority. They should be provided with adequate training, corporate support and resources to undertake this work.
- A local authority should have procedures in place to address any conflicts of interest when undertaking a standards investigation. Possible steps should include asking the Monitoring Officer from a different authority to undertake the investigation.
- Councils should report on separate bodies they have set up or which they own as part of their annual governance statement and give a full picture of their relationship with those bodies. Separate bodies created by local authorities should abide by the Nolan principle of openness and publish their board agendas and minutes and annual reports in an accessible place.
- Senior officers should meet regularly with political group leaders or group whips to discuss standards issues.
Adoption of Policy
Washingborough Parish Council has adopted this Members Code of Conduct and have formatted it for on-line use. However, the written document (link below) is the formal document and will always have precedence.
First Adopted - Jun 2021
Last Update - Jun 2022
Last Review - Jun 2022
Links to original documents - 1. Members Code of Conduct 2. Guidance for Members Code of Conduct