Part 5 - Officers' Code of Conduct

1.1

Salisbury District Council depends upon the goodwill, reliability and loyalty of its employees. It is important that the Council ensures that all employees are made aware of the standards of conduct expected of them. This Code of Conduct seeks to set standards of behaviour that are expected of employees and to provide guidelines to supplement the law and standards of conduct as contained in the National Agreement on Pay and Conditions of Service. It is subject to review in the light of any national standards being issued.

1.2

The Code deals with the following matters relating to conduct:

• Receipt of gifts
• Offers of hospitality
• Private Employment and Whole-time Service
• Political Neutrality
• Relationships
• Appointment and Other Employment Matters
• Interests/Conflict of Interest
• Equality Issues
• Behaviour at Work
• Copyright
• Patents and Inventions
• Confidential Information
• Confidential Reporting Procedure (Whistleblowing)
• Politically Restricted Posts
• Speaking to the Media
• Publication of Books/Articles

1.3

This code applies to all employees who work under a contract of employment or a contract of service with the Council.

1.4

The principles upon which this Code is based are referred to in the National Agreement on Pay and Conditions of Service (Part 2 (2)) which states that “employees will maintain conduct of the highest standard such that confidence in their integrity is sustained.”

1.5

The reputation of Salisbury District Council depends on the conduct of its employees and on the public perception of that conduct. Employees are expected to use common sense in assessing any situation where improper behaviour or influence could be construed. As an employee you should not do anything which could give rise to accusations of improper behaviour or influences and which could not be justified publicly.

1.6

This Code is intended to assist employees to reach the right decision in any particular case. If you are in any doubt about the right course of action to take you should always seek the advice of your Line Manager.

2.1.1

There can be little doubt that the acceptance of gifts by employees from persons who have, or may seek to have, dealings with the Council would be viewed by the public with grave suspicion and would make the employee concerned and the Council vulnerable to criticism. This could include inducements to buy from suppliers. The Council does not favour acceptance of gifts by employees.

2.2

Section 117 of the Local Government Act 1972 provides that employees are forbidden in the course of their employment to accept any fee or reward other than their proper remuneration. Any person who contravenes this provision would be liable to conviction and to a fine not exceeding £2500.

2.2.1

The Public Bodies Corrupt Practices Act 1889 is also applicable to Local Authority Employees. This makes it a criminal offence for an employee to receive or agree to receive corruptly a gift, loan, fee, reward or advantage as an inducement or reward for doing anything with an issue or transaction in which the local authority is concerned.

2.3

It may be reasonable for staff to accept small gratuities although these must be declared. A register of gifts (and hospitality) is kept centrally by Personnel and is subject to regular review. Items of greater value e.g. bottle of spirits should always be tactfully refused and your Service Unit Head should, for your own protection, be told that the offer has been made.

2.3.1

In some cases an offer of a small gift may be made from the highest motives and to refuse such a gift could cause distress to the person making the offer. In such cases you should seek the approval of your Service Unit Head to either retain the gift or share it between members of the section. It should be made clear to the person offering the gift that it is accepted subject to the Service Unit Head’s approval. A form needs to be completed recording the gift and this can be obtained from Personnel.

2.3.2

If there is any doubt about whether a gift may be accepted the gift should be politely and tactfully refused.

3.1

Employees must refuse offers of hospitality where any suggestion of improper influence is possible. Special caution is necessary where a person or organisation having or seeking business with or a decision from the Council offers hospitality, particularly where the offer is to one employee.

3.2

It is recognised that there are genuine cases for accepting hospitality where it is, for example, a bona fide working lunch. You should always ask yourself two crucial questions:-

• Is the offer made because you are a local government employee or because you have some other connection with the person making the offer, which is clearly unconnected with your job in local government?
• In your job are you in a position to influence the Council’s affairs, conduct or activities to the extent that you could help the person making the offer to gain some advantage from the Council, or give something in return at the expense of the Council?

3.3

If you are in any doubt you should consult your Manager – who in any event should give prior approval to the acceptance of a ‘business lunch’ or similar hospitality. If this is not possible then the hospitality should be declared afterwards. The same form as for gifts, obtainable from Personnel, needs to be completed.

4.1

Whilst it is accepted that employees’ off-duty hours are their personal concern, it is important that duty is not subordinated to private interest or that a situation is created where duty and private interest conflict.

4.2

The Council does not wish to prevent employees from undertaking additional employment, but this employment must not, in the view of the Council, conflict with the authority’s interest or in any way weaken public confidence in the conduct of the Council’s business.

4.3

There may also be health and safety concerns arising from an employee wishing to increase his/her working hours by engaging upon other employment which the Council will need to take into account when considering requests from employees.

4.4

Employees paid a salary of spinal point 28 & above should devote their whole-time service to the work of the Council and should not engage in any other business or take up any other additional appointment without the express consent of the Service Unit Head or Policy Director.

4.5

To ensure that any work undertaken does not breach your Conditions of Service, particularly the type of work referred to above, the Council has adopted a policy, with the Trade Union agreement, whereby a register of any “outside work” will be maintained. An employee’s registration, regardless of salary grading, will be considered to constitute consent by the Council unless the Council notifies the employee to the contrary. The Policy is attached as Appendix 1 to this document. Personnel & Training Services will keep the register.

4.6

Registration/declaration is a serious matter and non-compliance could result in formal disciplinary action. If there are any doubts as to whether or not a registration form or declaration should be completed it should be discussed confidentially with the Service Unit Head.

5.1

Employees serve the Council as a whole. It follows they must serve all Councillors and not just those of the controlling group, and must ensure that the individual rights of all Councillors are respected.

5.2

Employees, whether or not politically restricted, must follow every lawful expressed policy of the Council and must not allow their own personal or political opinions to interfere with their work.

5.3

A number of senior staff hold positions which are classified as politically restricted. If an employee does occupy a politically restricted post this will be stated in his/her contract of employment and Personnel will notify the employee of the requirements of the legislation. ( See Politically Restricted Posts )

6.1

Councillors

6.1.1

Employees are responsible to the Council through its senior managers. For some, their role is to give advice to Councillors and senior managers and then implement their decisions. Mutual respect between employees and Councillors is essential to good local government.

6.1.2

Relationships between Councillors and employees is essentially a business one, and an overly familiar relationship risks confusing this and should be avoided. Such inappropriate relationships can damage the relationship and prove embarrassing to other employees and Councillors.

6.2

The Local Community and Service Users

6.2.1

Employees should always remember their responsibilities to the community they serve and ensure courteous, efficient and impartial service delivery to all groups and individuals within that community as defined by the policies of the Council.

6.3

Contractors

6.3.1

All relationships of a business or private nature with external contractors, or potential contractors, should be made known to the appropriate manager. Orders and contracts must be awarded on merit, by fair competition against other tenders and no special favour should be shown to businesses run by, for example, friends, partners or relatives in the tendering process. No part of the local community should be discriminated against.

6.3.2

Employees, who engage or supervise contractors or have any other official relationship with contractors and have previously had or currently have a relationship in a private or domestic capacity with contractors, should declare that relationship to the appropriate manager.

6.3.3

Further information in this subject is available via the Financial Regulations of the Council and the Regulations relating to Contracts.

7.1

Employees involved in appointments should ensure that those are made on the basis of merit. It would be unlawful for an employee to make an appointment that was based on anything other than the ability of the candidate to undertake the duties of the post. In order to avoid any possible accusation of bias, employees should not be involved in an appointment where they are related to an applicant, or have a close personal relationship outside work with him or her.

7.2

Further information may be obtained from the Council’s Recruitment and Selection Policy and Procedure and the Diversity in Employment policy.

7.3

Employees should not be involved in decisions relating to discipline, promotion or pay adjustments for any other employee who is a relative or partner.

8.1

An Employee who as a result of outside work/activity may face a potential conflict of interest must ensure that a declaration of interest is attached to the work when it is submitted.

8.2

You must tell your manager about any non-financial interests that you consider could bring about conflict with the Council’s interests.

8.3

You must declare to an appropriate manager any financial interests that could conflict with the Council’s interests.

8.4

If you attend a Committee meeting and you consider that an item will be discussed in which you have a personal interest you must declare it

9.1

All local government employees should ensure that policies relating to equality issues as agreed by the authority are complied with in addition to the requirements of the law. All members of the local community, customers and other employees have a right to be treated with fairness and equity.

9.2

Further information is available in the Council’s Diversity in Employment Policy.

10.1

Salisbury District Council wishes to provide a working environment that encourages innovation, enthusiasm, commitment and uses to the full the potential of each elected member and employee. The Council takes a serious view of personal behaviour that is contrary to the above principle.

10.2

The Council has a number of personnel policies that have links with this Code. These policies and the Code set out the standards of behaviour expected from employees. The Council has a Harassment Policy and Procedure that seeks to help eliminate bullying or harassing behaviour. There is also a Corporate Diversity and Equality in Employment policy, which commits all employees to valuing diversity and equality of opportunity. A grievance procedure can be used by employees if they wish to pursue a grievance. On the other hand the Council may conclude that a breach of the Code justifies using the disciplinary procedure. All these policies are available on the Council’s Intranet and can be found in the Managers’ Guide to People Related Policies or obtained from the Personnel Unit.

10.3

Any person who believes that s/he is the subject of unreasonable behaviour from an elected member should raise this issue with their Service Unit Head who should consult the Monitoring Officer and seek to resolve the difficulties through discussion. Where this does not prove possible, the matter should be referred to the Chief Executive for resolution. Where necessary, the Chief Executive will rely upon the Members Code of Conduct to determine what action should be taken.

10.4

Service Unit Heads should be vigilant and ensure that employees are treated with dignity and respect and that employees deal similarly with other Employees, Councillors and members of the public.

10.5

Unreasonable behaviour towards employees from persons involved with outside organisations or members of the public should be reported in the normal way through line managers in order that the appropriate policies and procedures may be applied. Personnel and Training Services will provide advice and guidance where requested.

14.1

The Council is committed to the highest possible standards of openness, probity and accountability, and expects employees who have serious concerns about any aspect of the Council’s work to come forward and voice these concerns, using the Confidential Reporting Procedure (Whistleblowing Policy).

14.2

Your contract of employment implies a commitment to mutual trust and commitment between employer and employee. You are asked to ensure that public interest and assets are protected by reporting immediately to your line/service manager, any concerns about dishonesty or impropriety which you suspect has occurred or is likely to occur. Initial enquiries will be made which, if appropriate, will result in an investigation.

14.3

Employees who fail to report their concerns may become implicated themselves and consequently the Council may treat failure by an employee to report such matters as a serious matter which could lead to disciplinary action, as could be the case should an employee make an allegation frivolously, maliciously or for personal gain. Additionally, the Council may take action against an employee who goes public when it is unreasonable for the employee to do so.

14.4

Employees must assist in any investigation or hearing into suspected misconduct.

15.1

Local government is subject to legislation, which requires local authorities to designate a number of senior posts as politically restricted. An employee occupying one of these posts is not permitted to engage in certain political activities. The detail of the legislation will be set out in the employee’s contract of employment.

15.2

The Head of the Paid Service (Chief Executive), the Policy Directors, the Section 151 Officer, Service Unit Heads and the Monitoring Officer occupy politically restricted posts as do those staff paid on spine point 44 and above. Other staff regularly advising committees could also be included.

15.3

An employee in a politically restricted post must not

• Announce their intention to stand as a candidate for election as a Member of Parliament, European Parliament or any local authority except a Parish Council
• Be an employee of a political party or a branch of this party
• Canvass on behalf of a political party
• Speak in public with the intention of influencing support for a political party
• Publish any written work if the work appears to be intended to affect public support for a political party

16.1

Local Government is a fruitful source of stories for newspaper, radio and television reporters. Often they approach the Council seeking information, clarification or comment, but be warned – from time to time the subject they question us is not the actual subject they are reporting.

16.2

So who should speak to the media? Designated officers who have been authorised to speak to the media on behalf of the Council may comment upon operational issues concerning the aspects of service delivery for which they are responsible. In practical terms there is currently and should continue to be close dialogue between a lead Councillor and lead officer where media enquiries and interviews are concerned The decision as to who gives the interview can therefore depend upon each particular situation

16.3

Respecting Confidentiality. Leaks of confidential information, exempt agenda items and minutes to the media or pro-active criticism of the Council will be regarded as unacceptable. There are mechanisms for complaining about issues or situations arising in the workplace and staff should, in the first instance, refer to the Whistleblowing policy.