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Answer:

22 .    As a Member:

a. I promote and support high standards of conduct through my leadership and example.

b. I treat other Members and members of the public with respect.

c. I treat local authority employees, and representatives of partner organisations and those volunteering for the local authority with respect and respect the role they play.

d. I take account of the views of others, including where applicable my political group, but I reach my own conclusions and act in accordance with those conclusions.

 23. 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 Member, 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.

 24. In your contact with the public, you should treat them politely and courteously. Rude and offensive behaviour lowers the public’s confidence in Members.

 Local Government Association Guidance on the Model Code of Conduct – Respect

 https://www.local.gov.uk/publications/guidance-local-government-association-model-councillor-code-conduct#respect 
Answer:

25. 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.

26. If you wish to raise concerns about the behaviour of a member of the public you can seek advice from the Monitoring Officer in the first instance. 

27. Where you have stopped engaging or refused to engage with any member of the public who could reasonably be perceived as being abusive, threatening, intimidatory or otherwise displaying unacceptable behaviours you should direct them to other communication channels within the council.

28. This also applies to fellow Members, where action could then be taken under the Member Code of Conduct, and local authority employees, where concerns should be raised in line with the Member / Officer Relations Protocol.

Answer:

29 .    As a Member:

a.    I do not bully any person

b.    I do not harass any person

c.    I promote equalities and do not discriminate unlawfully against any person

30. The Advisory, Conciliation and Arbitration Service (ACAS) characterises bullying as offensive, intimidating, malicious or insulting behaviour, an abuse or misuse of power through means that undermine, humiliate, denigrate or injure the recipient. Bullying might be a regular pattern of behaviour or a one-off incident, happen face-to-face, on social media, in emails or phone calls, happen in the workplace or at work social events and may not always be obvious or noticed by others.

31. The Protection from Harassment Act 1997 defines harassment as conduct that  causes alarm or distress or puts people in fear of violence and must involve such conduct on at least two occasions. It can include repeated attempts to impose unwanted communications and contact upon a person in a manner that could be expected to cause distress or fear in any reasonable person.

32. Unlawful discrimination is where someone is treated unfairly because of a protected characteristic. Protected characteristics are specific aspects of a person's identity defined by the Equality Act 2010. They are age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation.

33. The Equality Act 2010 places specific duties on local authorities. Members have a central role to play in ensuring that equality issues are integral to the local authority's performance and strategic aims, and that there is a strong vision and public commitment to equality across public services.

 Local Government Association Guidance on the Model Code of Conduct – Bullying, Harassment and Discrimination 

 https://www.local.gov.uk/publications/guidance-local-government-association-model-councillor-code-conduct#bullying 
Answer:

34. As a Member:

a. I do not compromise, or attempt to compromise, the impartiality of anyone who works for, or on behalf of, the local authority.

35. Officers work for the local authority as a whole and must be politically neutral (unless they are political assistants). They should not be coerced or persuaded to act in a way that would undermine their neutrality. You can question officers to understand, for example, their reasons for proposing to act in a particular way, or the content of a report that they have written. However, you cannot require or coerce them to act differently, change their advice, or alter the content of that report.

 Local Government Association Guidance on the Model Code of Conduct – Impartiality of Officers

 https://www.local.gov.uk/publications/guidance-local-government-association-model-councillor-code-conduct#impartiality-of-officers- 
Answer:
36. As a Member:

a. I do not disclose information

i. Given to me in confidence by anyone

ii. Acquired by me which I believe, or ought reasonably to be aware, is of a confidential nature, unless

1. I have received the consent of a person authorised to give it;

2. I am required by law to do so;

3. 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

4. The disclosure is:

a. Reasonable and in the public interest; and

b. Made in good faith and in compliance with the reasonable requirements of the local authority;

c. And I have consulted the Monitoring Officer prior to its release.

37. I do not improperly use knowledge gained solely as a result of my role as a Member for the advancement of myself, my friends, my family members, my employer or my business interests.

38. I do not prevent anyone from getting information that they are entitled to by law.

39. Local authorities must work openly and transparently, and their proceedings and printed materials are open to the public, except in certain legally defined circumstances. You should work on this basis, but there will be times when it is required by law that discussions, documents and other information relating to or held by the local authority must be treated in a confidential manner. Examples include personal data relating to individuals or information relating to ongoing negotiations.

 Local Government Association Guidance on the Model Code of Conduct – Confidentiality and Access to Information

 https://www.local.gov.uk/publications/guidance-local-government-association-model-councillor-code-conduct#confidentiality-and-access-to-information- 
Answer:

40. As a Member:

a. I do not bring my role or local authority into disrepute

41. As a Member, you are trusted to make decisions on behalf of your community and your actions and behaviour are subject to greater scrutiny than that of ordinary members of the public. You should be aware that your actions might have an adverse impact on you, other Members and/or your local authority and may lower the public’s confidence in your or your local authority’s ability to discharge your/it’s functions. For example, behaviour that is considered dishonest and/or deceitful can bring your local authority into disrepute.

42. Members collectively are able to hold the local authority and fellow Members to account and where appropriate you can constructively challenge and express concern about decisions and processes undertaken by the council whilst continuing to adhere to other aspects of this Code of Conduct. Members should not make trivial or malicious allegations against each other.

 Local Government Association Guidance on the Model Code of Conduct – Disrepute

 https://www.local.gov.uk/publications/guidance-local-government-association-model-councillor-code-conduct#disrepute- 
Answer:

43. As a Member:

a. I do not use, or attempt to use, my position improperly to the advantage or disadvantage of myself or anyone else.

44. Your position as a member of the local authority provides you with certain opportunities, responsibilities and privileges, and you make choices all the time that will impact others. However, you should not take advantage of these opportunities to further your own or others’ private interests or to disadvantage anyone unfairly.

 Local Government Association Guidance on the Model Code of Conduct – Misuse of Position

 https://www.local.gov.uk/publications/guidance-local-government-association-model-councillor-code-conduct#misuse-of-position 
Answer:

45. As a Member:

a. I do not misuse council resources.

b. I will, when using the resources of the local authority or authorising their use by others;

i.     Act in accordance with the local authority’s requirements; and 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.

46. You may be provided with resources and facilities by the local authority to assist you in carrying out your duties as a Member. They should be used in accordance with the purpose for which they have been provided and the local authority’s own policies regarding their use and are not to be used for business or personal gain.

  • Examples include:
    • office support
    • stationery
    • equipment such as phones, and computers
    • transport
    • access and use of local authority buildings and rooms.

 Local Government Association Guidance on the Model Code of Conduct – Misuse of resources and facilities

 

 https://www.local.gov.uk/publications/guidance-local-government-association-model-councillor-code-conduct#misuse-of-  resources-and-facilities-
Answer:

47. As a Member:

a. I undertake Code of Conduct training provided by my local authority.

b. I cooperate with any Code of Conduct investigation and/or determination

c. I do not intimidate or attempt to influence any person who is likely to be involved with the administration of any investigation or proceedings.

d. I comply with any sanction imposed on me following a finding that I have breached the Code of Conduct.

48. If you do not understand or are concerned about the local authority’s processes in handling a complaint you should raise this with your Monitoring Officer.

49. Any alleged breach of this code will be dealt with in accordance with the arrangements set out in Appendix C to the Code.

NB: a breach of any of the statutory requirements relating to the registration and declaration of disclosable pecuniary interests may result in prosecution. If you need advice you should contact the Monitoring Officer.

 Local Government Association Guidance on the Model Code of Conduct – Complying with the Code of Conduct

 https://www.local.gov.uk/publications/guidance-local-government-association-model-councillor-code-conduct#complying-with-the-code-of-conduct

 

 

Answer:

50. As a Member:

a. I register and disclose my interests.

51. Section 29 of the Localism Act 2011 requires the Monitoring Officer to establish and maintain a register of interests of members of the authority.

52. An example of an interest is something which is of value to you which you may have through personal, professional or other private reasons. For example, your job, home or other property. Your main financial interests are called Pecuniary Interests.

53. You should note that failure to register or disclose a Disclosable Pecuniary Interest as set out in Table 1 of Appendix B, is a criminal offence under the Localism Act 2011 for which you can be prosecuted.

54. You need to register your interests so that the public, local authority employees and fellow Members know which of your interests might give rise to a conflict of interest.

55. An example of a conflict of interest is ‘a situation where your interests (or responsibility to another organisation) could be (or could be seen to be) in conflict with your responsibilities as a Member’. This is especially important in relation to your role as a decision maker at the Council. Table 3 of Appendix B sets out how different types of declarations should be dealt with at meetings.

56.  If in doubt, always seek advice from your Monitoring Officer.

57. The register of interests maintained by the Monitoring Officer is a public document that can be consulted when (or before) an issue arises. Your interests will be published on your Council web page.

58. The register also protects you by allowing you to demonstrate openness and a willingness to be held accountable. You are personally responsible for deciding whether you should disclose an interest in a meeting, but it can be helpful for you to know early on if others think that a potential conflict might arise. It is also important that the public know about any interest that might have to be disclosed by you or other Members when making or taking part in decisions, so that decision making is seen by the public as open and honest. This helps to ensure that public confidence in the integrity of local governance is maintained.

 Local Government Association Guidance on the Model Code of Conduct – Declarations of Interest

 https://www.local.gov.uk/publications/guidance-local-government-association-model-councillor-code-conduct#declarations-of-interest

 

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