Oxfordshire
Councils’ Councillor Code of Conduct 2022
1.0
Introduction
The Council has a
duty to promote and maintain high standards of conduct by members
and co-opted members of the Council, and formally adopt a code of
conduct, in accordance with the Localism Act
2011.
2.0
Purpose of the Code of Conduct
The purpose of this
Code of Conduct is to assist you, as a Councillor, in modelling the
behaviour that is expected of you, to provide a personal check and
balance, and to set out the type of conduct that could lead to
action being taken against you. It is also to protect you,
the public, fellow Councillors, local authority officers and the
reputation of local government. It sets out general principles of
conduct expected of all Councillors and your specific obligations
in relation to standards of conduct. The fundamental aim of
the Code is to create and maintain public confidence in the role of
the Councillor and in Local Government.
3.0
Definitions
For the purposes of
this Code of Conduct, a “Councillor” means a member or
co-opted member of the local authority. A “co-opted
member” is defined in the Localism Act 2011 Section
27(4) as “a person who is not a member of the authority
but who
3.1
is a member of any
committee or sub-committee of the authority, or;
3.2
is a member of, and
represents the authority
on, any joint committee or joint sub- committee of theauthority;
and
who is entitled to
vote on any question that falls to be decided at any meeting of
that committee or sub-committee”.
4.0
General Principles of Councillor Conduct
Everyone in public
office and all who serve the public or deliver public services,
including Councillors and local authority officers, should uphold
the Seven Principles of Public Life,
also known as the
Nolan Principles, (see Appendix A).
Building on these
principles of selflessness,
objectivity, accountability, openness, honesty and integrity and
leadership, the following general principles have been
developed specifically
for the role of
Councillor.
In accordance with
the public trust placed in Councillors, on all occasions a
Councillor shall:
·
act with integrity
and honesty
·
act lawfully
·
treat all persons
fairlyand with respect;and
·
lead by example
and act in a way that
secures public
confidence in the role of Councillor.
·
impartially
exercise their
responsibilities in the interests of the local community
·
not improperly seek to confer an
advantage, or
disadvantage, on any person
·
avoid conflicts
of interest
·
exercise reasonable
care and diligence; and
·
ensure
that public resources are used
prudently in accordance
with the local
authority’s requirements and in the public interest.
These general
principles have been incorporated into the obligations of the Code
of Conduct as set out below.
5.0
Application of the Code of Conduct
This Code of
Conduct applies to you as soon as you sign your declaration of
acceptance of the office of Councillor or attend your first meeting
as a co-opted member and continues to apply to you until you cease
to be a Councillor.
This Code of
Conduct applies to you when you are acting in your capacity as a
Councillor which may include when:
•
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;
The Code applies to
all forms of communication and interaction, including at
face-to-face meetings,
at online or telephone
meetings, in written communication, in verbal communication, in
non-verbal communication
and in electronic and social media communication, posts, statements and comments.
Your Monitoring
Officer has statutory responsibility for the implementation of the
Code of Conduct, and you are encouraged to seek advice from your
Monitoring Officer on any matters that may relate to the Code of
Conduct. Town and parish Councillors are encouraged to seek advice
from their Clerk, who may refer matters to the Monitoring
Officer.
6.0
Standards of
Councillor Conduct
This sectionsets
out the obligations (in bold below),
which are the minimumstandards of conduct required of a Councillor.
Should a
Councillor’s conduct fall short of these
standards, a
complaint may be made
against them, which may
result in action being
taken.
Guidance is also
included below each obligation to help explain the reasons for the
obligations and how they should be followed.
6.1
Respect
A
Councillor:
6.1.1
Shall treat everyone,
including other Councillors and members of the publicwith
respect.
6.1.2
Shall 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 personalattack.
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 everyone. 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 relevant social media provider and/or
the police. This also applies to fellow councillors, where action
could then be taken under the Councillor Code of Conduct, and local
authority employees, where concerns should be raised in line with
the local authority’s councillor- officer
protocol.
6.2
Bullying, Harassment and Discrimination
A Councillor:
6.2.1
Shall not bully any person.
6.2.2
Shall not harass any
person.
6.2.3
Shall promote equalities
and not discriminate against any person.
Bullying is
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 obviousor
noticed by others.
The Protection from
Harassment Act 1997
defines harassment as;
conduct that causes
alarm or distress or puts people in fear of violence and must involvesuch
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.
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.
Legislation places
specific duties on local authorities. Councillors 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.
6.3
Impartiality of Officers of the Council
A Councillor:
6.3.1
Shall not compromise, or attempt to compromise, the impartiality of
anyone who works for, or on behalf of, the local authority.
Officers work for
the local authority as a
whole and must be
politically neutral,
(other than political assistants where applicable). They should
not be coerced or persuaded to act in a way that
would undermine their neutrality. A Councillor may question officers in order 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, a Councillor must
not try and force them
to act differently,
change their advice, or alter the content
of that report, if
doing so would prejudice
their professional integrity.
6.4
Confidentiality and access to information
A Councillor:
6.4.1
Shall not disclose information either given to them in confidence
by anyone or acquired by them which they believe, or ought reasonably to be
aware, is of a confidential nature, unless
i.
They have
received the consent of
a person authorised to
give it; or
ii.
They are
required by law to do
so; or
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
iv.
the disclosure
is reasonable and in the publicinterest; and also made in good
faith and in compliance with the reasonable requirements of the local authority and consultation
with the Monitoring Officer has taken place prior to its
release.
6.4.2
Shall not improperly use knowledge gained solely as a result
of their role as a
Councillor for the advancement of themselves, their
friends, family members,
employer or businessinterests.
6.4.3
Shall not prevent anyone
from getting information that they are entitled to by
law.
6.4.4
When making decisions on behalf of, or as part of, the Council
shall have due regard to any professional advice provided by the
Council’s Officers.
6.5
Disrepute
A Councillor:
6.5.1
Shall not bring theirrole or local authority into
disrepute.
As a
Councillor, 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
Councillors and/or your local authority and may lower the
public’s confidence in your or your local authority’s
ability to discharge your/its functions.
6.6 Use
of position
A
Councillor:
6.6.1 Shall not
use, or attempt to use,
their position improperly to the advantage or disadvantage of
anyone.
A Councillor should
not take advantage of opportunities, responsibilities and
privileges to further their own or others’ private interests
or to disadvantage anyone unfairly.
6.7
Local authority Resources and Facilities
A Councillor:
6.7.1
Shall not misuse council resources.
6.7.2
Shall, when using the
resources of the
local authority or
authorising their use by others, act in accordance with the
localauthority'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 they
have been elected or
appointed.
A Councillor may be
provided with resources and facilities by the local authority to
assist them in carrying out their duties as a Councillor. Examples
may include office support, stationery, equipment such
as phones, computers and
transport and access and
use of local authority
buildings and
rooms.
6.8
Compliance with the Code of
Conduct
A Councillor:
6.8.1
Shall undertake Code of Conduct training as required by the
local authority.
6.8.2
Shall cooperate with any Code of Conduct assessment, investigation,
hearing and/or determination.
6.8.3
Shall not intimidate or attempt to intimidate any person
who is likely to be involved with the administration of
any investigation or
proceedings.
6.8.4
Shall comply with any sanction imposed on them following a finding
that they have breached the Code of Conduct.
It is extremely
important for a Councillor to demonstrate high standards, to have
your actions open to scrutiny and not to undermine public trust in
the local authority or its governance. If you do not understand, or
are concerned about the local authority’s processes in
handling a complaint, you should raise this with the Monitoring
Officer.
7.0
Registering and
Declaring Interests
You need to
register your interests so that the public, local authority
employees and fellow councillors know which of your interests might
give rise to a conflict of interest. The register is a public
document that can be consulted when (or before) an issue arises.
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 or not 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 councillors 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.
7.1
Disclosable
Pecuniary Interests
A Councillor must,
within 28 days of taking office as a member or co-opted member,
notify the Council’s Monitoring Officer of any disclosable
pecuniary interest as defined by regulations made by the Secretary
of State (see Appendix B), where the pecuniary interest is yours,
your spouse’s or civil partner’s, or is the pecuniary
interest of somebody with whom you are living with as a husband or
wife, or as if you were civil partners. Section 29 of the Localism
Act 2011 requires the Monitoring Officer to establish and maintain
a register of interests of members of the authority.
You must disclose
the interest at any meeting of the Council at which you are
present, where you have a disclosable interest in any matter being
considered and where the matter is not a ‘sensitive
interest’. If it is a ‘sensitive interest’, you
must disclose the fact that you have an interest but do not have to
disclose the nature of it. (A sensitive interest is an interest
which, in the opinion of the Monitoring Officer, if disclosed,
could lead to the Councillor, or a person connected with them,
being subjected to violence or intimidation.) You are personally responsible for deciding
whether or not you
should disclose an interest in a meeting.
Following any
disclosure of an interest not on the Council’s register, or
the subject of pending notification, you must notify the Monitoring
Officer of the interest within 28 days beginning with the date of
disclosure.
Unless dispensation
has been granted, by the Monitoring Officer, you may not
participate in any discussion of, or vote on, or discharge any
function related to any matter in which you have a disclosable
pecuniary interest. You must withdraw from the room or chamber when
the meeting discusses and votes on the matter.
Where you have a
disclosable pecuniary interest on a matter to be considered
or 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 .
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.
You should note
that failure to register or disclose a disclosable pecuniary
interest as set out in Appendix B is a criminal offence under the
Localism Act 2011.
7.2
Other
Registerable Interests
You must also
register your other registerable interests with the Monitoring
Officer within 28 days of taking office and ensure these are kept
up to date by notifying any changes within 28 days.
Where a matter
arises at a meeting which directly relates to the
financial interest or wellbeing of one of your OtherRegisterable
Interests (as set out in Appendix C), you must disclose the
interest.
Wellbeing
can be described as a condition of contentedness, healthiness and
happiness; anything that could be said to affect a person’s
quality of life, either positively or negatively, is likely to
affect their wellbeing.
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.
Where
you have an
Other 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.
7.3
Non-Registerable
Interests
Where a matter
arises at a meeting which directly relates to your
financial interest or wellbeing and does not fall under disclosable
pecuniary interests at 7.1 above, or the financial interest or
wellbeing 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 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.
Where a matter
arises at a meeting
which affects
your own financial
interest or wellbeing, a financial interest or
wellbeing of a relative or close associate or a financial
interest or wellbeing of a body included under Other
Registrable Interests as
set out at 7.2 above and
appendix C 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:
Where a matter
affects the financial interestor 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.
Where
you have a
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.
8.0 Gifts and
Hospitality
A Councillor:
8.1
Shall 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 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.
8.2
Shall register with the
Monitoring Officer any
gift or hospitality with an estimated value of at least £50
within 28 days of its receipt.
8.3
Shall register with the
Monitoring Officer any significant gift or hospitality that they
have been offered but
have refused to
accept.
The presumption
should always be not to accept significant gifts or hospitality but
there may be times when such a refusal may be difficult if it is
seen as rudeness in which case, you could accept it but must ensure
it is publicly registered.
You do not need to
register gifts and hospitality which are not related to your role
as a Councillor.
It is appropriate
to accept normal expenses and hospitality associated with your
duties as a Councillor.
