ROYAL BERKSHIRE FIRE AND RESCUE SERVICE Code of Conduct - Briefing and Advice Caroline Redzikowska: Monitoring Officer Agenda Item 7

ROYAL BERKSHIRE FIRE AND RESCUE SERVICE

Code of Conduct - Briefing and Code of Conduct - Briefing and AdviceAdvice

Caroline Redzikowska: Monitoring OfficerCaroline Redzikowska: Monitoring Officer

Agenda Item 7


Why are we Here? Statutory duty of the Standards Committee

to promote the code and provide assistance in compliance

All have duty to observe it and have declared to that effect when accepting office

Code introduced in 2007 is significantly different from the previous

Most importantly: Last year were in the order of 3500 complaints BUT only 1% involving other (single purpose) authorities


Agenda & Objectives

Overview of the code, with key points including the registration and declaration of interests

Opportunities for questions

Objective: to provide understanding of certain key points and ensure awareness of the availability of guidance and advice


Some Basic but essential Points

The code applies to all members of town and parish councils but not to officers or employees

Code must be read together with the “general principles”

Each member undertakes to observe the code when signing their declaration of acceptance – so must read it and must be familiar with its contents

The Standards Committee, the Monitoring Officer and the Committee Manager will all assist with queries and guidance but the responsibility for compliance rests with each individual member


Application

The code applies whenever you conduct the business of the Council or your office or “act, claim to act or give the impression you are acting as a representative of your authority”

If sitting on another authority to which the model code applies (e.g. a Unitary or Parish Council or the police authority) you must comply with that authority’s code

If sitting on any other body as a representative of the Fire Authority you must comply with the Fire Authority’s code (unless it conflicts with the lawful obligations of that body)


Application…..Private Activities

Paragraphs3(2)(c) [intimidating a witness to an investigation]; 5 [manner bringing authority into disrepute]; and 6(a) [use of position improperly to secure a disadvantage or advantage] apply when you are not acting in an official capacity if constitute a criminal offence for which you are convicted

NB: This above point will only be true when the Government changes the Code further to legislative change. Timescale not known. For the time being not private actions are covered by the code unless there is a link with your office


General Obligations (para 3)

To treat others with respect To comply with equality and discrimination

laws Not to bully Not to intimidate (or attempt to) any person

involved as a complainant, witness, or in the investigation of an alleged breach of the code

• Not to do anything to compromise the impartiality of staff


General Obligations (para 4)

Not to disclose information given in confidence, except where Have consent; or Required by law; or Third party for professional advice provided

they agree not to disclose; or Is reasonable; in the public interest, is made in

good faith; and complies with reasonable requirements of the authority [NB: All four of these must apply]

Not to prevent another from access to information to which they are entitled by law


General Obligations (paras 5-7)

Not to conduct yourself in a manner which could reasonably be regarded as bringing your office or authority into disrepute (NB: criminal convictions and private capacity)

Not to 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

When using the resources of the authority, to act in accordance with reasonable requirements of the authority and ensure not used improperly for political purposes; and have regard to any applicable code of publicity under LGA 1986


Registration of Interests(paras 13 & 14)

Within 28 days of: election or appointment to office, or subsequently any change in your interests

you must register your interests with the Monitoring Officer of the district council

Paragraph 14 provides a possible exemption for “Sensitive Information” – i.e. “information whose availability for inspection by the public creates, or is likely to create, a serious risk that you or a person who lives with you may be subjected to violence or intimidation”

NB: Agreement of Monitoring Officer required and must subsequently register something which is no longer sensitive


What has to be Registered (1) Paragraph 13 states what must be registered, by

reference to paragraph 8(1)(a) of the Code any body of which you are a member or in a

position of general control or management and to which you are appointed or nominated by your authority;

any body - – exercising functions of a public nature;– directed to charitable purposes; or– one of whose principal purposes includes the

influence of public opinion or policy (including any political party or trade union),

of which you are a member or in a position of general control or management


What has to be Registered (2) any employment or business carried on by you any person or body who employs or has appointed you any person or body, other than a relevant authority,

who has made a payment to you in respect of your election or any expenses incurred by you in carrying out your duties

any person or body who has a place of business or land in your authority’s area, and in whom you have a beneficial interest in a class of securities of that person or body that exceeds the nominal value of £25,000 or one hundredth of the total issued share capital (whichever is the lower)

any contract for goods, services or works made between your authority and you or a firm in which you are a partner, a company of which you are a remunerated director, or a person or body of the description specified in previous sub-paragraph


What has to be Registered (3)

gifts or hospitality with an estimated value of at least £25 received in connection with your duties as a councillor

any land in your authority’s area in which you have a beneficial interest

any land where the landlord is your authority and you are, or a firm in which you are a partner, a company of which you are a remunerated director, or a person or body of the description specified in sub-paragraph (vi) is, the tenant

any land in the authority’s area for which you have a licence (alone or jointly with others) to occupy for 28 days or longer

NB: Advice available from Clerk or Monitoring Officer. Better to “over-register” than to “under-register”


Personal Interests (para 8) You have a personal interest

if the matter relates to an interest you must register if a decision on the matter might reasonably be

regarded as affecting your well-being or financial position or the well-being or financial position of a “relevant person” to a greater extent than the majority of other council tax payers, ratepayers or inhabitants of their authority’s area (or the ward)

If a personal interest is declared the councillor can remain in the meeting and speak and vote on the matter unless it is also prejudicial [see later slides]


Personal Interests (para 8)

For the purpose of deciding if have a personal interest, a “Relevant Person” is: a member of your family or any person with

whom you have a close association any person or body who employs or has

appointed such persons, any firm in which they are a partner, or any company of which they are directors

any person or body in whom such persons have a beneficial interest in a class of securities exceeding the nominal value of £25,000

any body of a type described in sub-paragraph 8(1)(a)(i) or (ii)


Disclosure of Personal Interests(para 9)

If you have a personal interest you must declare the existence and nature of the interest at any meeting at which the matter is considered

The disclosure must be made at the commencement of that consideration or when the interest becomes apparent

There is an item on each agenda item regarding disclosure of interests for all meetings as a reminder


Disclosure of Personal Interests(para 9) ….. Exceptions

• An exemption to declaring a personal interest applies when the interest arises solely from your membership of or position of general control or management on:

– Any other body to which you have been appointed or nominated by the authority

– Any other body exercising functions of a public nature (e.g. another local authority)

• In these exceptional cases, provided you do not have a prejudicial interest, you only need to declare your interest if you speak

• If you do not want to speak to the meeting, you may still vote on the matter without making a declaration


Disclosure of Personal Interests(para 9) ….. More Exceptions

• If the interest arises from gifts and hospitality registered more than three years before the meeting there is no need to disclose it at the meeting

• Requirement to disclose is applicable only when you are aware, or ought reasonably to be aware, of the existence of the interest

• If the disclosure relates to sensitive information, need to disclose that an interest exists, but not the sensitive information


Prejudicial Interests (para 10)

• A personal interest is prejudicial if all the following conditions are met:

• The interest is one which “a member of the public with knowledge of the relevant facts would reasonably regard as so significant that it is likely to prejudice your judgement of the public interest” and

• The matter does not fall within an exempt category under para 10(2)(c) and

• The matter affects your financial position or that of a relevant person or it relates to the determining of any approval, consent, licence, permission or registration in relation to you, or a relevant person or body


Participation when have a Prejudicial Interest (para 12)

• A councillor with a prejudicial interest must leave the room where a meeting is being held, as soon as consideration becomes apparent unless para 12(2) applies …..

• ……. Para 12(2) allows a councillor with a prejudicial interest to “attend a meeting but only for the purpose of making representations, answering questions or giving evidence relating to the business, provided that the public are also allowed to attend the meeting for the same purpose, whether under a statutory right or otherwise”


More on para 12(2)

• Only applicable where the public have the same rights

• Must withdraw immediately after making representations

• Meeting may say enough is enough!!


Even more on prejudicial interests• Provisions in relation to participation where have

a prejudicial interest do not solely relate to attendance at a meeting

• In addition, you must not seek “improperly to influence a decision about that business”

• The provisions do not prevent a councillor from making written representations in a private capacity; or using a professional representative; or asking another councillor to represent constituents’ views

• The granting of a dispensation by the Standards Committee will enable you to take part whatever other circumstances apply, but a dispensation can be granted only in very limited situations


Gifts & Hospitality

• councillors must register gifts and hospitality worth £25 or over that they receive in connection with being a councillor

• the gift/hospitality and its source must be registered within 28 days of receipt

• members have a personal interest in a matter that is likely to affect the source of the gift/hospitality

• after three years the obligation to disclose the interest at meetings ceases


Predisposition, pre-determination and bias

This is not part of the code or of this briefing ……but councillors have a common law obligation to make fair decisions free of predetermination or bias

Standards Board guidance [“occasional paper”] available at http://www.standardsboard.gov.uk/Publications/OccasionalPaper/


Tips …… for Members Keep your registration of interests up to date Think about whether you have an interest in a matter

arising at a Fire Authority meeting in advance Remember that having registered an interest under the

Code does not mean it does not have to be declared at a meeting

Remember that the existence and nature of the interest has to be declared

Seek advice from the Monitoring Officer if in doubt – this is always better done in advance.

Remember the test for whether an interest is prejudicial – you do not need to be prejudiced, but must regard it as such if a member of the public with knowledge of the facts would reasonably regard it as such. And remember the exemptions.


Advice Clerk and Monitoring Officer Standards Board for England –

www.standardsboard.co.uk – including FAQsand Publications

Standards Board guidance on revised Code and “Pocket Guide” to the Code, including “factsheets”, all available at http://www.standardsboard.gov.uk/Guidance/CodeofConduct/

www.adjudicationpanel.co.uk www.audit-commission.gov.uk


Scenario 1

The Fire Authority is due to consider a controversial matter on which opinion in the county is divided. Councillor C is in his local pub at lunchtime on the day of the meeting. Someone who feels strongly about the matter approaches Councillor C saying that all Fire Authority Members are useless. Councillor C makes disparaging comments about the resident in reply. Has Councillor C breached the code of conduct? In the afternoon, Councillor C calls into BHQ. While he is there he tells the Clerk that because of her handling of the matter she is “pathetic” and “useless at her job.”

Has Councillor C breached the code of conduct?


Scenario 2Which of the following need to be included by a Fire Which of the following need to be included by a Fire Authority Member in their register of interests?Authority Member in their register of interests?

Membership of a Unitary Council?Membership of a Unitary Council? Membership of a local social club?Membership of a political party?Membership of a political party?Their home in the county?Their home in the county?Ownership of property outside of the county ?Ownership of property outside of the county ?Membership of a charitable body ?Membership of a charitable body ?A company shareholding of £5,000A company shareholding of £5,000?

Documents

ROYAL BERKSHIRE FIRE AND RESCUE SERVICE Code of Conduct - Briefing and Advice Caroline Redzikowska: Monitoring Officer Agenda Item 7