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Gifts and Benefits Policy

2013

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Released: May 2013

Document Status and Version Control Ownership and Version Control

Document Name: Gifts & Benefits Policy

Document Status: Approved

Version: 3.1

Date: May 2013

Author: Warren Park

Document Owner: Manager Corporate Governance & Records

Authorised By: Council

Distribution: Public, Councillors & Staff via Internet & Intranet

Council Report Reference: CCL139-13

Council Meeting Date: 15 May 2013

Document No: CD13/11

File No 10/136 Change History

Version Release Date Author Reason for Change 1.0 25 July 2007 Warren Park New Procedure

1.1 6 January 2009 Bruce Cooke Edit of ‘Related Documents’

2.0 23 July 2010 Warren Park Review – included Code of Conduct /Personal Benefit statement

3.0 July 2011 Warren Park Enhanced requirements and review

3.1 May 2013 Warren Park Review after new Code of Conduct adopted, Gifts received in a private capacity, provision of notes for guidance and minor other amendments

Related Documents This document should be read in conjunction with: • Local Government Act 1993, in particular Part 2 Duties of disclosure, Section 449. • Local Government (General) Regulation 2005, in particular: Part 8 Honesty and

disclosure of interests, Clause 184 Gifts; and Schedule 3 Form of return - disclosure of interest.

• ICAC - Managing Gifts & Benefits in the Public sector – Toolkit 2006 • ICAC - Gifts, Benefits or Just Plain Bribes – Guidelines for Public Sector Agencies &

Officials • ICAC - Bribery, Corrupt Commissions and Rewards Newsletter - November 2009

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• HCC Code of Conduct • HCC Conflict of Interest Policy • HCC Statement of Business Ethics • HCC Internal Reporting policy

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Table of Contents 1 INTRODUCTION ......................................................................................... 6 2 SCOPE ........................................................................................................ 6 3 DEFINITIONS .............................................................................................. 6 4 COUNCIL’S CODE OF CONDUCT ............................................................. 8 5 THE ISSUE OF PERCEPTION REGARDING GIFTS AND BENEFITS .... 10 6 CONSEQUENCES OF ACCEPTING AN INAPPROPRIATE GIFT OR BENEFIT .............................................................................................................. 11 7 ACCEPTANCE AND COST OF THE GIFT ............................................... 11 8 HOSPITALITY AND WORK-RELATED FUNCTIONS ............................... 13 9 PRIZES AND GIFTS .................................................................................. 14 10 GIFTS TO FAMILY MEMBERS ................................................................. 14 11 DECISION MAKING GUIDE ...................................................................... 14 12 WHAT SHOULD I DO IF I AM OFFERED A GIFT OR BENEFIT? ............ 14

12.1 Options for dealing with the receipt of gifts that are unable to be returned 15 12.2 Certain employees need to exercise greater care when considering

accepting gifts or benefits. .......................................................................... 15 13 GIFTS AND BENEFITS REGISTER: ......................................................... 16 14 GIFTS ASSOCIATED WITH SISTER CITY ACTIVITIES .......................... 17 15 GIFTS RECEIVED IN A PRIVATE CAPACITY .......................................... 17 16 CONCLUSION ........................................................................................... 17 17 FURTHER INFORMATION ....................................................................... 18 18 REVIEW .................................................................................................... 18 19 ACKNOWLEDGEMENTS .......................................................................... 18 Annexure A – Decision Making Guide .................................................................. 19

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1 INTRODUCTION In the course of their public duties, both Councillors and staff may encounter situations in which they are offered gifts or benefits for a variety of reasons. In dealing with any gifts or benefits, you must ensure that not only do they not influence you in the performance of your duties, but also that there cannot be any public perception of undue influence due to these offers. Ratepayers and residents of Hurstville City Council have a right to expect the business of the Council is conducted with efficiency, fairness, impartiality and integrity. Public officials have an obligation to carry out their duties conscientiously, honestly and objectively. The purpose of this policy is therefore to provide guidelines for both Councillors and staff in relation to this most important issue. “Public officials and employees must:

• Never solicit gifts and benefits; • Never accept gifts of money; • Always consider the value and purpose of a gift or benefit before making any

decisions about accepting it” (ICAC Managing Gifts & Benefits in the Public sector - Toolkit)

2 SCOPE This policy relates to all gifts and benefits offered to a staff member or Councillor of Hurstville City Council. The policy is particularly relevant for staff involved in dealing with members of the public and the private sector in such areas as: • Providing services • Granting leases and licences • Regulation, including inspections and granting approvals • Assessment of Development Applications • Purchasing goods and services • Engaging consultants • Assessing tenders.

3 DEFINITIONS The Independent Commission Against Corruption in its publication Gifts, Benefits or Just Plain Bribes? – Guidelines for Public Sector Agencies and Officials, defines gifts and benefits as follows. Gifts - In a private context, gifts are usually unsolicited and meant to convey

a feeling on behalf of the giver, such as gratitude. There is ordinarily no expectation of repayment. Gifts given in a private context are not the focus of this publication. Gifts are also offered to individuals in the course of business relationships. Such gifts are usually given for commercial purposes,

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for example, to create a feeling of obligation in the receiver. Some examples of these sorts of gifts are: money alcohol clothes products tickets.

Benefits - Something which is believed to be of value to the receiver, such as a

service. Examples include: * access to a private spectator box at a sporting venue * a new job or a promotion * preferential treatment, such as queue jumping.

The Independent Commission Against Corruption (ICAC) in its publication Managing Gifts and Benefits in the Public Sector Toolkit defines the different types of gifts that may be offered to public officials and bribes as follows: Gifts of Influence - A gift that is intended to generally ingratiate the giver with the

recipient for favourable treatment in the future.

Gifts of Gratitude - A gift offered to an individual or agency in appreciation of performing specific tasks or for exemplary performance of duties. Gifts to staff who speak at official functions would be considered Gifts of Gratitude.

Token Gifts - A gift that is offered in business situations to an agency or public official representing an agency. Such gifts are often small office or business accessories (e.g. pens, calendars, folders) that contain the company logo. They are usually products that are mass-produced and not given as a personal gift.

Ceremonial Gift – An official gift from one agency to another agency. Such gifts

are often provided to a host agency when conducting official business with delegates from another organisation. Although these gifts may sometimes be offered to express gratitude, the gratitude usually extends to the work of several people in the agency, and therefore the gift is considered to be for the agency and not a particular individual.

Bribes - A gift or benefit offered to or solicited by a public official to influence that person to act in a particular way.

A reference to a gift or benefit does not include a political donation or contribution to an election fund that is subject to the provision of the relevant election funding legislation, as outlined in Council’s Code of Conduct.

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4 COUNCIL’S CODE OF CONDUCT The Code has a specific section dealing with “Personal Benefit” and it is appropriate that this be included in Council’s Policy. It is noted the Code extends “Private Benefit” to include immediate family members. Part 5 PERSONAL BENEFIT All Council officials must comply with Council’s Gifts and Benefits Policy which enhances the requirements of the Code. Further information on the management of gifts and benefits and a declaration form are contained in the Policy. The value placed on Token Gifts is an amount of $50 or less. For the purposes of this section, a reference to a gift or benefit does not include a political donation or contribution to an election fund that is subject to the provisions of the relevant election funding legislation.

Gifts and benefits 5.1 You must avoid situations giving rise to the appearance that a person or body,

through the provision of gifts, benefits or hospitality of any kind, is attempting to secure favourable treatment from you or from the council.

5.2 You must take all reasonable steps to ensure that your immediate family

members do not receive gifts or benefits that give rise to the appearance of being an attempt to secure favourable treatment. Immediate family members ordinarily include parents, spouses, children and siblings.

Token gifts and benefits 5.3 Generally speaking, token gifts and benefits

include: a) free or subsidised meals, beverages or refreshments provided in

conjunction with: i) the discussion of official business ii) council work related events such as training, education

sessions, workshops iii) conferences iv) council functions or events v) social functions organised by groups, such as council

committees and community organisations b) invitations to and attendance at local social, cultural or sporting events c) gifts of single bottles of reasonably priced alcohol to individual council

officials at end of year functions, public occasions or in recognition of work done (such as providing a lecture/training session/address)

d) ties, scarves, coasters, tie pins, diaries, chocolates or flowers e) prizes of token value. f) free or subsidised meals, of a modest nature, and/or beverages provided

infrequently (and/or reciprocally) at special events such as "Christmas Party's" or the like, provided the event is not for you exclusively or a small/select number of guests

g) gain advantage from frequent flyer benefits or any other benefits that may be accumulated by undertaking travel and/or other purchases on behalf of Hurstville City Council

Note: Guidelines to assist in compliance with this section of this Code is included in

Council’s Gifts and Benefits Policy.

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Gifts and benefits of value 5.4 Notwithstanding clause 5.3, gifts and benefits that have more than a token value

include, but are not limited to, tickets to major sporting events (such as state or international cricket matches or matches in other national sporting codes (including the NRL, AFL, FFA, NBL)), corporate hospitality at a corporate facility at major sporting events, discounted products for personal use, the frequent use of facilities such as gyms, use of holiday homes, free or discounted travel, free or discounted membership rates.

How are offers of gifts and benefits to be dealt with? 5.5 You must not:

a) seek or accept a bribe or other improper inducement b) seek gifts or benefits of any kind c) accept any gift or benefit that may create a sense of obligation on your

part or may be perceived to be intended or likely to influence you in carrying out your public duty

d) accept any gift or benefit of more than token value unless approved by the General Manager in accordance with the Gifts and Benefits Policy

e) accept an offer of cash or a cash-like gift, regardless of the amount. f) accept an offer of gift certificates or complimentary (free) air travel and the

like, regardless of the amount. 5.6 For the purposes of clause 5.5(e), a “cash-like gift” includes but is not limited to

gift vouchers, credit cards, debit cards with credit on them, prepayments such as phone or internal credit, memberships or entitlements to discounts.

5.7 Where you receive a gift or benefit of more than token value that cannot

reasonably be refused or returned, this must be disclosed promptly to your supervisor, the Mayor or the general manager. The recipient, supervisor, Mayor or general manager must ensure that any gifts or benefits of more than token value that are received are recorded in a Gifts Register. The gift or benefit must be surrendered to council, unless the nature of the gift or benefit makes this impractical.

Improper and undue influence 5.8 You must not use your position to influence other council officials in the

performance of their public or professional duties to obtain a private benefit for yourself or for somebody else. A councillor will not be in breach of this clause where they seek to influence other council officials through the appropriate exercise of their representative functions.

5.9 You must not take advantage (or seek to take advantage) of your status or

position with or of functions you perform for council in order to obtain a private benefit for yourself or for any other person or body.

Prizes 5.10 Whether you may keep a prize depends upon whether you won it while acting in

your official capacity or not. Prizes won while representing Council may be perceived as a personal benefit connected to carrying out your official duties and should be graciously declined or handed into the Council. (For example, prizes won at conferences where attendance was paid for by Council.) Prizes won in your personal life, while unconnected with your official duties, may present an actual or perceived benefit and should be declared to your Manager. Entry conditions in official Council competitions do not allow employees and immediate family members to participate.

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Bribes 5.11 If a bribe or other improper inducement is offered to you, you must immediately

report the matter to the General Manager, to enable the General Manager to fulfil his/her obligations pursuant to Section 11 of the Independent Commission Against Corruption Act 1998. Such a report must be in writing and be provided to the General Manager as soon as possible following the incident.

Family members 5.12 You must take all reasonable steps to ensure that your immediate family members

do not receive gifts or benefits that give rise to the appearance of being an attempt to secure favourable treatment. If a gift is outside the normal gift-giving pattern of your personal relationships, you should consider whether external factors may be at play before accepting the gift.

Regulatory functions 5.13 Notwithstanding the provisions in this section relating to gifts and benefits, all

Council officers exercising regulatory and procurement functions need to exercise greater care when considering the acceptance gifts and benefits, where those officers are dealing with persons seeking the exercise of Council’s decision-making discretion or who have sought the exercise of the Council’s decision-making discretion particularly within the previous 12 months.

5 THE ISSUE OF PERCEPTION REGARDING GIFTS AND BENEFITS

It is important to consider the intentions of the gift giver and the ‘public perception’ before deciding if it is appropriate to accept a gift or benefit. Gifts can be given with varying motives and purposes. The purpose for which a gift is given, to a certain extent, affects how it should be managed.

• If the likely perception of the gift-giving relationship is that the gift could influence the intended recipient’s performance of his or her official function, then the gift should not be accepted.

• If the public official is a regulator of the person offering the gift or benefit or is about to make a decision which could affect the interests of the person offering the gift or benefit, it is more than likely that the gift or benefit would be perceived as inappropriate.

• If a gift or benefit is offered to a public official in a public forum, it is less likely to be perceived as a gift of influence than if it were offered in a private context.

• Expensive gifts or benefits are more likely to be perceived as gifts to win favours.

• The cumulative affect of previous gifts given by an agency or individual to a public official should also be considered. While the perception that one gift may not be considered sufficient to cause an employee to act outside his or her official duty, the sum of multiple gifts over a 12 month period may be considered sufficient to do so. This may also be considered as an act of “grooming” and depending on the circumstances may need to be rejected, retained or surrendered in accordance with this Policy.

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One-off gifts of less than nominal value and which are considered to be gestures of appreciation or ceremonial gifts (as opposed to gifts of influence) are able to be accepted, but must be recorded in Council’s Gifts and Benefits Register. A benefit could also be a relationship between a Council official and a Council contractor. The contractor may carry out work on an official’s property and in doing so may provide the Council official with a discount for the work due to this relationship. Where a Council Contractor is knowingly performing work on a property owned by a Council official, the Contractor or Council official should notify the General Manager of this occurrence to enable the matter to be registered, whether a discount is being offered or not. Note: When receiving proposals from Sales Representatives there must always be two (2) Council staff present. Staff must be aware of relational selling ie Sales Representative enquires of staff’s personal affairs in order to build a relationship.

6 CONSEQUENCES OF ACCEPTING AN INAPPROPRIATE GIFT OR BENEFIT

The consequences for individual officials may be: • Embarrassment • Disciplinary action • Being the subject of an internal or external inquiry • Loss of employment • Criminal prosecution.

The consequences for an agency may be:-

• Embarrassment for the organisation • Loss of public trust • Being the subject of a external enquiry • Legal action.

A gift or benefit offered or sought in order to influence a public officials behaviour is a bribe and such persons may be guilty of an offence under Section 249B of the Crimes Act 1900 and subject to a maximum gaol term of seven years.

7 ACCEPTANCE AND COST OF THE GIFT A Councillor or staff member must generally not by virtue of his or her official position accept or acquire a personal profit (benefit) or advantage of a pecuniary value. However you may, with the General Manager’s approval: 1. accept a token (low value i.e. <$50) gift or benefit. – see examples below. 2. accept a non-token (high value >$51) gift or benefit in special

circumstances and it could be retained either by the individual or Council. – see examples below.

Examples of what would be regarded as a token gift or benefit include:

• gifts of alcohol (modest bottle of wine) or food (chocolates), flowers or other similar items traditionally given to Directorates / Sections of Council or individual staff generally during festive seasons.

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• small office or business accessories that are usually mass produced and usually contain a company logo i.e. pens, calendars, folders, mugs, ties, scarves, plaques etc.

• free or subsidised meals and/or beverages provided infrequently (and/or reciprocally) by representatives of State or Federal government departments or agencies and clients of the Council who do not have an application or contract negotiations either before the Council or proposed.

• free meals and/or beverages provided to councillors and/or employees who formally represent the Council at social or local government related functions.

Examples of what would be regarded as a non-token gift or benefit include:

• tickets to sporting / social events (see also Hospitality and work-related functions below)

• jewellery • works of art • discounted products for personal use • use of facilities such as gyms.

Note: Non-token gifts may be token in nature even if its value is over $50 ie a desk ornament, framed photograph or commemorative plaque etc and the acceptance or otherwise rests with the General Manager. Another example may be if an item is left to you in someone's will (other than a relative) with the approval of the General Manager. Accepting gifts of money is strictly prohibited in all cases. Gift cards are deemed to be equivalent to cash and must never be accepted. If an employee becomes aware of a staff member soliciting gifts or benefits or accepting money, he or she must report it immediately to the General Manager. If a staff member (or Councillor) is offered a gift of money (including offers of money to cover expenses for trips to view samples of work etc) it should be refused and the incident reported immediately to the staff member’s supervisor, the General Manager or, in the case of a Councillor, to the Mayor. In deciding whether to accept a gift, consideration needs to be given to:

• The motive of the gift giver; • The actual or perceived effect of the gift; • The cost of the gift; and • Other situational factors.

Notwithstanding the above, no gift or benefit, even of a token nature, should be accepted if it might be perceived by a fair-minded, independent observer as an attempt to “butter-up” a Council Official in the hope of favourable treatment or consideration in the future. In circumstances where an offer of a gift (not necessarily money) is made which may constitute a bribe, or an attempt to bribe, it is not only appropriate that the offer be rejected, but it is also important that the fact that the offer was made be reported to the appropriate person within the Council (the General Manager / Internal Ombudsman or the Mayor, if the offer is made to a Councillor) and to the

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ICAC. The ICAC’s brochure on bribery details the steps to be taken should a public employee or Councillor be offered a bribe or otherwise suspects that bribery has occurred. Further, accepting gifts and benefits of any kind is strictly prohibited, regardless of their value, from persons seeking the exercise of a Council’s decision-making discretion within the next 12 months if known ie an upcoming tender or who have sought the exercise of such discretion within the previous 12 months. Exceptions to this provision for token gifts at Christmas (ie box of chocolates or single bottles of wine) may be considered by the General Manager and will be determined on a case-by-case basis.

8 HOSPITALITY AND WORK-RELATED FUNCTIONS A useful measure of what would be acceptable hospitality is the type of hospitality which Council may itself provide to other business partners / agencies etc when conducting official business as a matter of courtesy. Conversely, hospitality that extends beyond courtesy, where there is no real benefit to the staff member or Councillor, or where it is clearly offered in an attempt to influence the public officials decisions, such as in a procurement process, or development approvals, should be declined. However, in some circumstances the hospitality may relate to an event that involves legitimate work activities or provides an opportunity to network in a social atmosphere with the recipient’s peers, Members of Parliament or other like persons at which there may be significant benefit to the Council and it is considered essential for the public official to attend. When considering requests that may fall into this category, the General Manager shall have regard to the following:

• The invitation to be taken on its merits • Whether the invitation is of an educational benefit which in turn will benefit

the Council • Is the invitation for a number of persons of similar status ie all Councillors,

General Managers or Fleet Managers • Will Council enter into a contract with the person/organisation extending the

invitation within the next 6-12 months so it cannot be seen to be a bribe or enticement to enter into a contract

• This invitation considered to be a function or “one stop shop” for an exchange of ideas and matters of interest with the invitees peers which will benefit the Council

It is considered that the intent of the Code of Conduct and Council's Gifts and Benefits Policy should not exclude Officers from functions that are in the interest of Council. Further, attendance at major events held on Council property could be acceptable due to the expected protocols of inviting Councillors and staff members to be

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present and given the significant benefit to Council of networking with other invitees.

9 PRIZES AND GIFTS Staff members and Councillors may receive a prize or gift whilst on Council business such as by attending a Conference. This may be from a raffle, lucky door prize, from an incentive to complete a survey or by submitting / entering a business card draw or completing a form to receive further information about products etc. As the staff member or Councillor attended the Conference at the Council’s expense then any prize or gift should be treated as the Council’s prize or gift and be surrendered to Council upon the person’s return to the workplace. The prize or gift could then be disposed of as indicated in this Policy.

10 GIFTS TO FAMILY MEMBERS Staff and Councillors should take all reasonable steps to ensure that their immediate family members are not the recipients of gifts and benefits that could be perceived to be an attempt to influence the behaviour of the Council official. Council will treat the receipt of gifts and benefits to immediate family members as if they had been received by a staff member or Councillor. Immediate family members ordinarily include: Current spouse, domestic partner, parent/step parent, children (includes biological, adopted, foster or other legally placed children), siblings (includes biological, step or half) grandparent, grandchild, in-laws, corresponding immediate family members of any employees spouse or domestic partner members or other organisations for which you may act as a representative.

11 DECISION MAKING GUIDE A decision making guide has been developed to assist staff members and Councillors to determine if it is appropriate to accept a gift and is attached to this policy as Annexure “A”. If there is any concern regarding the appropriateness of accepting a gift or benefit it is best to refuse it.

12 WHAT SHOULD I DO IF I AM OFFERED A GIFT OR BENEFIT?

All offers of gifts and benefits of more than nominal value should be rejected if possible and the offer should be declared in writing and recorded in Council’s Gifts and Benefits Register. All gifts of influence, should be rejected, declared in writing and recorded in Council’s Gifts and Benefits Register.

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The reporting of acceptance of a gift / benefit obliges the staff member / Councillor to take appropriate action having regard to the General Manager’s determination, which may include:

• Contact the gift giver and explain Council’s policy in relation to gifts and benefits

• Return the gift • Donate the gift to a local charity • Donate the gift to Council’s Social Club

Other gifts need to be considered in the context of this Policy.

12.1 Options for dealing with the receipt of gifts that are unable to be returned

There are several options for the disposal of gifts that, for one reason or another, are unable to be returned. There will be circumstances where a gift that is unacceptable under this Policy may not be able to be returned or may not easily be returned. Examples of this are:

• Gifts accepted for protocol or other reasons, where returning it would be inappropriate or may offend the gift giver

• Anonymous gifts (received through the mail or left without a return address) • A gift received in a public forum where attempts to refuse or return it would

cause significant embarrassment. Options for disposing of gifts that are unable to be returned include:

• Sharing the gift amongst all staff (for example a computer printer that could be networked)

• Holding a fundraiser with the gift(s) as the prize • Donating the gift to an appropriate charity • Holding an auction with the proceeds going to a charity.

In instances such as this, the matter should be declared in writing and recorded in Council’s Gifts and Benefits Register. Caution should be exercised when the gift giver has a continuing business relationship with the Council.

12.2 Certain employees need to exercise greater care when considering accepting gifts or benefits.

Employees who have regulatory relationships with Council’s customers (such as inspection and certification roles) and also employees involved in procurement and disposal need to exercise greater care when considering accepting a gift or benefit/s. In these circumstances there is a greater likelihood that a gift or benefit may appear to have been offered in order to achieve a particular outcome, even if this is not the intention of the person who offered it.

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13 GIFTS AND BENEFITS REGISTER: For the purposes of this policy, a Gifts and Benefits Register has been established to enable Councillors and staff to record, where appropriate, gifts and benefits offered or received by them and / or to the Council. The register will contain the following:

• Name and title of person receiving the gift, either personal or Council. • Name and title of person giving the gift. • Description of gift. • Display/storage location of gift (if appropriate). • Value of gift (if known), or approximate value. • Reason for presentation of gift. • Date of Offer.

The Register will be maintained by the Manager Corporate Governance & Records. Councillors and members of staff are required to record items in the Gifts and Benefits Register and regard should be had to the contents of this document and the requirements of the Act in determining action taken. A series of gifts or benefits, each of which is of minimal value, may have an aggregate value that exceeds the Council’s stipulated nominal value. Under such circumstances, accepting these gifts may pose the same risks of real or apparent compromise as accepting one gift or benefit which alone exceeds the nominal value. Staff members and Councillors shall monitor attempts to compromise them through such serial gift giving. Council designated persons must by law disclose a description of any gift or gifts totalling a value exceeding $500 made by the same person during a period of 12 months or less (required to be included in the disclosure of interests returns – (Section 449 of the Local Government Act). The inclusion of an entry in the Gifts and Benefits Register does not relieve Councillors or staff from their obligations to make disclosures in association with annual Disclosure Returns required of Councillors and designated persons under Section 449(3) of the Local Government Act. In addition, should Councillors or members of staff find themselves in a position where they have received a gift or benefit which they consider not to be of a ‘token’ nature and they are unable to return this gift or benefit, they should declare the gift to the General Manager for an appropriate entry to be made in the Gifts and Benefits Register and surrender the gift or benefit to the custody of the Council therefore removing any perception of undue influence being exerted upon that Councillor or member of staff. The General Manager will then determine the most appropriate action to take, for example to donate the gift to a charity or raffle it with proceeds going to the charity or the Council’s Social Club. Note: If a public official is found to have accepted a gift without lodging a declaration in accordance with this Policy they may be in breach of the Council’s Code of Conduct and be subject to an investigation. Refer clause 6 for examples of potential consequences.

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14 GIFTS ASSOCIATED WITH SISTER CITY ACTIVITIES

Gifts presented to the Mayor / Councillors / staff for the Council in association with Sister City activities must be entered into the Gift Register. The receiver of the gift must lodge the gift with the Manager Corporate Governance & Records as soon as possible after receipt of the gift. The gift will then be recorded and placed in an appropriate location. Gifts for the Council (normally presented to the Mayor or head of a delegation) are generally non-token / ceremonial gifts, i.e. painting, plaque, work of art or craft, other items of significance to a specific occasion (items relating to the formal signing of a Sister City Relationship) is of a reasonable monetary value or any other item that more than one person in the delegation would not receive. If there is doubt as to whether a gift is for the Council or is a personal gift, the General Manager must be consulted for a determination. This Policy is in addition to the understanding of Council's Code of Conduct as amended from time to time and the requirements placed on Councillors and Designated Persons through the Disclosure of Interests Return 449(3) under the Local Government Act. Gifts not required to be recorded in the Gift and Benefits Register are token / personal gifts. Token / personal gifts can be viewed as being:

• of no significant monetary value • presented to a number of persons in the delegation • inconsequential or trivial and are not offered on a regular basis • not likely to be seen to be compromising.

15 GIFTS RECEIVED IN A PRIVATE CAPACITY On occasions a Council Official may receive a gift by a person who may have dealings with Council but the gift is offered because of a long standing personal or business relationship the person has with the Council Official in a private capacity. On these occasions it would be preferable for the Council Official to still declare the gift and indicate the reasons why the gift is outside of the Council’s Gifts and Benefits Policy. Although the submission of a gift declaration form will not avoid the perception that the Council Official has accepted a gift it will document the reasons for the gift which can be verified at a later date if required.

16 CONCLUSION As indicated previously, the purpose of this document is to provide guidelines to Councillors and staff in relation to their obligations should they be in a position to receive gifts or benefits associated with the conduct of their duties.

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Whilst it may be appropriate to accept ‘token’ gifts or benefits, Councillors and staff should ensure at all times that there is no possible perception that the acceptance of a gift or benefit will in any way influence the conduct of their public duties. Even though the gift or benefit may be of a ‘token’ nature, if there is any possible perception of undue influence being exerted upon the Councillor or staff member, the gift or benefit should be politely declined.

17 FURTHER INFORMATION Should any Councillor or member of staff wish to obtain further information or guidance in association with this issue contact Council’s Internal Ombudsman or make reference to the following ICAC publications: Gifts, Benefits or Just Plain Bribes? – Guidelines for Public Sector Agencies

and Officials Bribery, Corrupt Commissions and Rewards – ICAC Newsletter November

2009 Managing Gifts and Benefits in the Public Sector Toolkit – ICAC June 2006.

Copies of the above documents are available from the Manager Corporate Governance & Records or may be obtained from the ICAC web site at www.icac.nsw.gov.au, together with other relevant information.

18 REVIEW Due to the nature of this Policy and the possible implications that may flow from any gift or benefit received, this Policy may be reviewed at any time. However the Policy will be reviewed within 12 months of an Ordinary election of the Council. Amendments to this Policy need to be submitted to Council for approval.

19 ACKNOWLEDGEMENTS This Policy has been prepared having regard to various publications particularly those from the Independent Commission Against Corruption. A number of references and quotations are from the 2006 ICAC Toolkit – Managing Gifts and Benefits in the Public Sector.

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Annexure A – Decision Making Guide

Always check and comply with Council’s gifts and benefits policy. In addition, it may be useful to consider the following general issues: