Munstead and Tuesley Parish Council

 

Members’ Code of Conduct

 

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Introduction and Interpretation

(1) This Code applies to you as a Member of Munstead and Tuesley Parish Council (“the Council”) when you act in your role as a Member.

(2) You are a representative of the Council and the public will view you as such. Your actions can impact on how the whole Council is viewed.

(3) This Code is based on and is consistent with the seven principles of public life set out in the Localism Act 2011 which the Council endorses:

 

• Selflessness

Holders of public office should act solely in terms of the public interest. They should not do so in order to gain financial or other material benefits for themselves, their family, or their friends.

 

• Integrity

Holders of public office should not place themselves under any financial or other obligation to outside individuals or organisations that might seek to influence them in the performance of their official duties.

 

• Objectivity

In carrying out public business, including making public appointments, awarding contracts, or recommending individuals for rewards and benefits, holders of public office should make choices on merit.

 

• Accountability

Holders of public office are accountable for their decisions and actions to the public and must submit themselves to whatever scrutiny is appropriate to their office.

 

• Openness

Holders of public office should be as open as possible about all the decisions and actions that they take. They should give reasons for their decisions and restrict information only when the wider public interest clearly demands.

 

• Honesty

Holders of public office have a duty to declare any private interests relating to their public duties and to take steps to resolve any conflicts arising in a way that protects the public interest.

 

•  Leadership

Holders of public office should promote and support these principles by leadership and example.

(4) It is your responsibility to comply with the provisions of this Code when acting in your capacity as a Member.

 

(5) In this Code –

 “meeting” means any meeting of

   (a) the Council

   (b) any of the Council’s committees, sub-committees, joint committees, joint sub-committees, area   

         committees, Special interest Groups

 “Member” includes a co-opted member and an appointed member.

General Obligations

(1) You must always treat member colleagues, officers, other organisations and members of the public with respect.

(2) You must not conduct yourself in a manner which is contrary to the Council’s duty to promote and maintain high standards of conduct by Members.

(3) You must not disclose information given to you in confidence by anyone, or information acquired by you which you believe, or ought reasonably to be aware, is of a confidential nature, except where  

    (i) you have the consent of a person authorised to give it

    (ii) you are required by law to do so

    (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 – (a) reasonable and in the public interest

                                            (b) made in good faith and in compliance with the reasonable requirements

                                             of the Council and

                                            (c) you have consulted the Parish Clerk or taken other independent legal

                                               advice prior to its release.

(4) You must not prevent another person from gaining access to information to which that person is entitled by law.

(5) You must not use or attempt to use your position as a Member improperly to confer on or secure for yourself or any other person an advantage or disadvantage.

(6) You must not undertake any action that could be regarded as harassment, intimidation and /or bullying of member colleagues, parish clerk, or members of the public.

 (7) When using or authorising the use by others of the resources of the Council –

       (a) Do act in accordance with the Council’s reasonable requirements and policies

       (b) Do ensure that such resources are not used improperly for political purposes, including

            party political purposes and

       (c) Do have regard to any applicable Local Authority Code of Publicity made under the Local

       Government Act 1986.

 Gifts and Hospitality

• Do exercise caution in accepting any gifts or hospitality which are (or which you reasonably believe to be) offered to you because you are a Member.

• Do not accept significant gifts or hospitality from persons seeking to acquire, develop or do business with the Council or from persons who may apply to the Council for any permission, licence or other significant advantage.

• Do register with the Clerk any gift or hospitality with an estimated value of at least £25 within 28 days of its receipt.

Registration of Interests

1. You must notify the Parish Clerk of your disclosable pecuniary interests, or other interests which the Council has decided are appropriate for registration. On election, you must do this within 28 days of being elected or appointed to office. Details of disclosable pecuniary interests are set out in the Annexe to this Code.

2. Do similarly notify the Parish Clerk of any disclosable pecuniary or other interests not already registered within 28 days of your re-election or re-appointment to office.

3. Do be aware that Disclosable Pecuniary Interests include not only your interests but also the interests of your spouse or civil partner, a person with whom you are living as husband or wife or a person with whom you are living as if they were a civil partner, so far as you are aware of the interests of that person.

4. Do be aware that the Council has decided that it is appropriate for you to register and disclose non-pecuniary interests that arise from your membership of or your occupation of a position of general control or management in the following bodies –

 

(i) bodies to which you have been appointed or nominated by the Council

 

(ii) bodies exercising functions of a public nature

 

(iii) bodies directed to charitable purposes

 

(iv) bodies one of whose principal purposes include the influence of public opinion or policy.

 

Disclosure of Interests and Participation

1. Do disclose to a meeting at which you are present any disclosable pecuniary interest, or

other interest which the Council has decided is appropriate for disclosure.

        (2) Do notify the Clerk of any interest not already registered as in the above paragraph.

        (3) Do not participate in any discussion, or vote, where you have a disclosable pecuniary interest

             in a matter. Do withdraw from the meeting during the consideration of the matter.

 

In making a judgement about whether a non-pecuniary interest is of sufficient weight as to undermine your objectivity, you should consider what an ordinary member of the public, with knowledge of the relevant facts, would think.

Decision-making and Predetermination

(1) Where you have been involved in campaigning in a political role on an issue which does not impact on your personal and/or professional life, you should not be prohibited from participating in a decision in your role as a Member.

(2) However, do not place yourself under any financial or other obligation to outside individuals or organisations that might seek to influence you in the performance of your official duties.

(3) When making a decision, do consider the matter with an open mind and on the facts before the meeting at which the decision is to be made, listening to the advice of relevant parties, including advice from the Parish Clerk, and taking all relevant information into consideration, remaining objective and making decisions on merit.

ANNEXE – DISCLOSABLE PECUNIARY INTERESTS

• Employment

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 or provided within the period of 12 months ending with the day on which you give a notification.

• Contracts

Any contract which is made between you (or a body in which you have a beneficial

interest) and the Council-

(a) under which goods or services are to be provided or works are to be executed; and

(b) which has not been fully discharged.

        4.    Land and property

               Any beneficial interest in land and property which is within the area of the Council.

1. Licences

Any licence (alone or jointly with others) to occupy land in the area of the Council for a month or longer.

1. Corporate Tenancies

Any tenancy where (to your knowledge)-

(a) the landlord is the Council; and

(b) the tenant is a body in which you have a beneficial interest.

       7. Securities

           Any beneficial interest in securities of a body where-

           (a) that body (to your knowledge) has a place of business or land in the area of the Council and   

              (b) either-

                  (i) the total nominal value of the securities exceeds £25,000 or one hundredth of

                       the total issued share capital of that body or

                  (ii) if the share capital of that body is of more than one class, the total nominal value

                        of the shares of any one class in which you have a beneficial interest exceeds one

                        hundredth of the total issued share capital of that class.