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CODE OF CONDUCT
Adopted by Council 29 th March,2005.
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TABLE OF CONTENTS
(note -top- hyperlink is a few lines above the title)
1 Introductions 3
2 Definitions 4
3 Purpose of the code of conduct 5
4 Key Principles 7
5 General Conduct Obligations 8
6 Conflicts of Interest 10
7 Personal Benefit 13
8 Relationshipbetween Council Officials 15
9 Access to information and council resources 17
10 Reporting breaches, complaint handling procedures & sanctions 20
11 Councillor misbehaviour 22
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1 Introduction
The Local Government Act 1993 requires every council to adopt a code of
conduct that incorporates the provisions of The Model Code Of Conduct for Local
Councils in NSW. Councillors, members of staff of council and delegates of the
council must comply with the applicable provisions of council’s code of conduct. It
is the personal responsibilit y of council officials to comply with the standards in
the code and regularly review their personal circumstances with this in mind.
Council contractors and volunteers will also be required to observe the relevant
provisions of council’s code of conduct.
Failure by a councillor to comply with an applicable requirement of council’s code
of conduct constitutes misbehaviour. Failure by a member of staff to comply with
council’s code of conduct may give rise to disciplinary action.
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2 Definitions
In the model code of conduct the following definitions apply:
Council official Includes councillors, members of staff of council
and delegates of council.
Delegates of council A delegate of council is a person or body to
whom a function of council is delegated
Designated person See the definition in section 441 of the Local
Government Act 1993
Act of disorder See the definition in clause 29 of the Local
Government (Meetings) regulation 1999
The Act The Local Government Act 1993
The term “you” used in the model code of conduct refers to council officials.
References to sections in the model code of conduct are references to sections
in the Local Government Act 1993.
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3 Purpose of the code of conduct
The Model Code of Conduct for Local Councils in NSW sets the minimum
requirements of behaviour for council officials in carrying out their function. The
model code is prescribed by regulation.
The model code of conduct has been developed to assist council officials to:
Understand the standards of conduct that are expected of them
Enable them to fulfil their statutory duty to act honestly and exercise a
reasonable degree of care and diligence (section 439)
Act in a way that enhances public confidence in the integrity of local
government.
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4 Key Principles
The code of conduct applies equally to formal and informal dealings between
councillors, staff and others. The general principles upon which codes must be
based are:
4.1 Selflessness
Council officials have a duty to make decisions solely in the public interest.
Officials must not act in order to gain financial or other benefits for themselves,
their family or friends.
This means making decisions because they benefit the public, not because
they benefit the decision maker.
4.2 Integrity
Council officials must not place themselves under any financial or other
obligation to any individual or organisation that might reasonably be thought to
influence them in the performance of their duties.
4. 3 Objectivity
Council officials must make decisions solely on merit and in accordance with
their statutory obligations when carrying out public business. This includes the
making of appointments, awarding of contracts or recommending individuals for
rewards or benefits.
This means fairness to all; impartial assessment; merit selection in
Recruitment and in purchase and sale of council’s resources; considering only
Relevant matters.
4.4 Accountability
Council officials are accountable to the public for their decisions and actions and
must consider issues on their merits, taking into account the views of others. This
means recording reasons for decisions; submitting to scrutiny; keeping proper
records; establishing audit trails.
4.5 Openness
Council officials have a duty to be as open as possible about their decisions and
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actions, giving reasons for decisions and restricting information only when the
wider public interest clearly demands. This means giving and revealing reasons
for decisions; revealing other avenues available to the client or business; when
authorised, offering all information; communicating clearly.
4.6 Honesty
Council officials have a duty to act honestly. Officials must declare any private
interests relating to they’re public duties and take steps to resolve any conflicts
arising in such a way that protects the public interest. This means obeying the
law; following the letter and spirit of policies and procedures; observing codes of
conduct; fully disclosing actual or potential conflict of interests and exercising any
conferred power strictly for the purpose for which the power was conferred.
4.7 Leadership
Council officials have a duty to promote and support these principles by
leadership and example and to maintain and strengthen the public’s trust and
confidence in the integrity of the council.
This means promoting public duty to others in the council
and outside, by their own ethical behaviour.
4.8 Respect
Council officials must treat with respect other council officials and the role they
play, treating them with courtesy at all times.
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5 General Conduct Obligations
General conduct
5.1 You have an obligation to comply with the provisions of the Local
Government Act 1993, the associated regulations and council’s policies.
5.2 You must act lawfully, honestly and exercise a reasonable degree of care
and diligence in carrying out your functions under the Local Government Act
1993 or any other Act. (section 439 of the Local Government Act 1993)
5.3 You must respect all community members and other council officials and the
role they play, treating them with courtesy at all times.
5.4 Councillors must avoid behaviour that could be deemed to be an act of
disorder or misbehaviour. This includes conduct that:
Contravenes the Local Government Act 1993 or associated regulations
Is detrimental to the pursuit of the charter of a Council;
Is improper or unethical;
Is an abuse of power or otherwise amounts to misconduct;
Causes, comprises or involves intimidation, harassment or verbal abuse;
Causes, comprises or involves discrimination, disadvantage or adverse
treatment in relation to employment;
Causes, comprises or involves prejudice in the provision of a service to the
Community;
Causes, comprises or involves improperly directing or influencing or
attempting to direct or influence a member of the staff of the Council or a
delegate of the Council in the exercise of the functions of the member or
delegate.
Fairness and equity
5.5 You have an obligation to consider issues consistently, promptly and fairly.
This involves dealing with matters in accordance with established procedures, in
a non-discriminatory manner.
5.6 You must take all relevant facts known to you, or that you should be
reasonably aware of, into consideration and have regard to the particular merits
of each case. You must not take irrelevant matters or circumstances into
consideration when making decisions.
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Harassment and discrimination
5.7 You must not harass, discriminate, or support others who harass and
discriminate against colleagues or members of the public on the grounds of
sex, pregnancy, age, race (including their colour, nationality, descent, ethnic or
religious background), political affiliation, marital status, disability,
homosexuality or transgender.
Guide to ethical decision-making
5.8 If you are unsure about the ethical issues around an action or decision you
are about to take, you should consider these five points:
Is the decision or conduct lawful?
Is the decision or conduct consistent with Council’s policy and with
Council’s objectives and the Code of Conduct?
What will the outcome be for the employee or councillor, work colleagues,
the Council and any other parties?
Do these outcomes raise a conflict of interest or lead to private gain at
public expense?
Can the decision or conduct be justified in terms of the public interest and
would it withstand public scrutiny?
Remember – you have the right to question any instruction or direction given
to you which you think may be unethical or unlawful. If you are uncertain
about an action or decision, you may need to seek advice from other people.
This includes your supervisor or trusted senior officer, the Department of
Local Government, the Ombudsman’s Office and the Independent
Commission Against Corruption.
Independent Commission Against Corruption 8281 5999
NSW Ombudsman 9286 1000
NSW Department of Local Government 4428 4100
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6 Conflict of Interest
Pecuniary and non-pecuniary conflict of interests
6.1 A conflict of interests exists when you could be influenced, or a reasonable
person would perceive that you could be influenced by a personal interest when
carrying out your public duty.
6.2 You must appropriately resolve any conflict or incompatibility between your
private or personal interests and the impartial performance of your public or
professional duties.
6.3 Any conflict between your interests and those of council must be resolved to
the satisfaction of the council. When considering whether or not you have a
conflict of interests, it is always important to think about how others would view
your situation.
6.4 It is essential that you properly address conflict of interest’s issues that may
arise. You must:
Try to understand the concept and practical implications of conflict of
interests issues
Accept that failure to resolve an actual or reasonably perceived conflict of
interests is unacceptable in local government
Take timely and appropriate action to avoid, or if not, to disclose any
actual, potential or reasonably perceived conflict of interests.
6.5 Perceptions of a conflict of interests are as important as actual conflict of
interests. The onus is on you to identify a conflict of interests, whether
perceived or real, and take the appropriate action to resolve the conflict in
favour of your public duty.
6.6 Where necessary, you must disclose an interest promptly, fully and in writing.
If a disclosure is made at a council or committee meeting, both the disclosure
and nature of an interest must be recorded in the minutes.
6.7 If you are in doubt whether a conflict of interests exists, you should seek legal
or other appropriate advice.
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6.8 A conflict of interests can be of two types:
Pecuniary - An interest that a person has in a matter because of a reasonable
likelihood or expectation of appreciable financial gain or loss to the person or
another person with whom the person is associated. (sections 442, 443 of the
Local Government Act 1993)
Non-pecuniary - A private or personal interest the councillor, staff member or
delegate has that does not amount to a pecuniary interest as defined in the
Local Government Act 1993 (for example; a friendship, membership of an
association, society or trade union or involvement or interest in an activity).
6.9 Where the interest is a pecuniary one, you must comply with the Act. If you
do not comply with the Act, the consequences may be severe.
The Act requires that if a pecuniary interest exists in a matter, you must not be
involved in consideration or discussion of the matter in which you have the
interest and must not participate in the decision-making process or vote on
any question relating to the matter. The Act requires that:
Councillors and designated persons lodge an initial and an annual written
disclosure of interests that could potentially be in conflict with their public
or professional duties (section 449 of the Local Government Act 1993);
Councillors or members of council committees disclose an interest at a
meeting, leave the meeting and be out of sight of the meeting and not
participate in discussions or voting on the matter (section 451 of the Local
Government Act 1993);
Designated persons immediately declare, in writing, any pecuniary interest
(Section 459 of the Local Government Act 1993). Designated persons are
defined at Section 441 of the Local Government Act 1993.
6.10 Where the interest is a non-pecuniary one you have a broader range of
options for managing the interest. The option you choose will depend on an
assessment of the circumstances of the matter, the degree of the interest and
the significance of the issue being dealt with. You must deal with a conflict of
interests in at least one of these ways:
Take no action because the potential for conflict is minimal. Council
officials should consider providing an explanation of why they consider a
conflict does not exist;
Disclose the nature of the conflict;
Limit involvement if practical (for example, participate in discussion but not
in decision making) or restrict your access to all relevant information. Care
needs to be taken when exercising this option;
Remove the source of the conflict (for example, relinquishing or divesting
the personal interest that creates the conflict or reallocating the conflicting
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duties to another officer);
Have no involvement by absenting yourself from and not taking part in any
debate or voting on the issue, particularly if you have a significant interest;
Include an independent in the process to provide assurances of probity
(for example, for tendering or recruitment selection panels).
Other business or employment
6.11 A member of staff who is considering outside employment that relates to the
business of the council or that might conflict with their council duties, must
notify and seek the approval of the general manager in writing. (section 353 of
the Local Government Act 1993)
Political support
6.12 Councillors should note that matters before council for determination that
involve campaign donors or supporters have the potential to place the
councillor in a position of having a pecuniary or non-pecuniary conflict of
interests.
Personal dealings with council
6.13 You will inevitably deal personally with your council (for example, as a
ratepayer, recipient of a council service or applicant for a consent granted by
council). You must not expect or request preferential treatment for yourself or
your family because of your position. You must avoid any action that could lead
members of the public to believe that you are seeking preferential treatment.
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7 Personal Benefit
Gifts or benefits
7.1 You must not:
Seek or accept a bribe or other improper inducement;
By virtue of your position acquire a personal profit or advantage which
has a monetary value, other than one of a token value.
7.2 You must not seek or accept any payment, gift or benefit intended or likely to
influence, or that could be reasonably perceived by an impartial observer as
intended or likely to influence you to:
act in a particular way (including making a particular decision);
fail to act in a particular circumstance;
otherwise deviate from the proper exercise of your official duties.
7.3 You may accept gifts or benefits of a nominal or token value and that do not
create a sense of obligation on your part.
Token gifts
7.4 Generally speaking, token gifts and moderate acts of hospitality could
include:
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);
Free or subsidised meals, of a modest nature, and/or beverages provided
infrequently (and/or reciprocally) that have been arranged primarily for, or
in connection with, the discussion of official business;
Free meals, of a modest nature, and/or beverages provided to Council
officials who formally represent their council at work related events such
as training, education sessions, workshops;
Refreshments, of a modest nature, provided at conferences where you are
a speaker;
Ties, scarves, coasters, tie pins, diaries, chocolates, flowers and small
amounts of beverages;
Invitations to appropriate out of hours “cocktail parties” or social functions
organised by groups, such as, council committees and community
organisations.
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Gifts of value
7.5 You must never accept an offer of money, regardless of the amount.
7.6 Gifts and benefits that have more than a nominal or token value include
tickets to major sporting events, corporate hospitality at a corporate facility at a
sporting venue, discounted products for personal use, the frequent use of
facilities such as gyms, use of holiday homes, free or discounted travel and free
training excursions.
7.7 If you receive a gift of more than token value in circumstances where it
cannot reasonably be refused or returned, you should accept the gift and
disclose this promptly to your supervisor or the general manager. The supervisor
or general manager will ensure that any gifts received are recorded in a Gifts
Register.
7.8 You must avoid situations in which the appearance may be created that any
person or body, through the provision of hospitality or benefits of any kind, is
securing or attempting to influence or secure a favour from you or the council.
7.9 You must also take all reasonable steps to ensure that your immediate family
members do not receive gifts or benefits that could appear to an impartial
observer to be an attempt to influence or secure a favour. Immediate family
members ordinarily include parents, spouses, children and siblings.
7.10 Councillors and 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 1993)
Improper and undue influence
7.11 You must not take advantage of your position to improperly influence other
council officials in the performance of their public or professional duties to
secure a private benefit for yourself or for somebody else.
7.12 You must not take advantage (or seek to take advantage) of your status or
position with, or functions performed for, council in order to obtain unauthorised
or unfair benefit for yourself or for any other person or body.
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8 Relationship between Council Officials
Obligations of councillors
8.1 Each council is a statutory corporat ion. The councillors are the governing
body of the corporation. Councillors have the responsibility of directing and
controlling the affairs of the council in accordance with the Local Government
Act 1993.
8.2 Councillors must:
Only provide, by way of council or committee resolution, or by the Mayor
exercising their power under s226 of the Local Government Act 1993,
proper and appropriate direction to the general manager in the performance
of council’s functions;
Refrain from, in any public or private forum, directing or improperly
influencing, or attempting to direct or improperly influence, any other
member of the staff of the council or a delegate of the council in the
exercise of the functions of the member or delegate;
Only contact a member of the staff of the Council in accordance with
procedures governing the interaction of Councillors and Council staff that
have been authorised by the General Manager;
Not contact or issue instructions to any of Council’s contractors or tenderers,
including Council’s legal advisers.
Role of the Mayor
8.3 The role of the Mayor is defined by section 226 of the Local Government Act
1993. This role is the same whether the Mayor is popularly elected or elected
by the Councillors.
Obligations of staff
8.4 The General Manager is responsible for the efficient and effective operation
of the council’s organisation and for ensuring the implementation of, without
delay, the decisions of the Council.
8.5 Council staff have an obligation to:
Give their attention to the business of council while on duty;
Ensure that their work is carried out efficiently, economically and effectively;
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Carry out lawful directions given by any person having authority to give such
Directions;
Give effect to the lawful policies, decisions and practices of the council,
whether or not the staff member agrees with or approves of them.
Obligations during meetings
8.6 You must act in accordance with council’s Code of Meeting Practice and the
Local Government (Meetings) Regulation 1999 during council and committee
meetings.
8.7 You must respect the chair, other council officials and any members of the
public present during council and committee meetings or other formal
proceedings of the council.
Inappropriate interactions
8.8 The following interactions are inappropriate:
Councillors approaching junior members of staff for information on
sensitive or controversial matters;
Members of staff approaching councillors directly (rather than via their
director, staff representative or union delegate) on staffing or political
issues;
Councillors approaching staff outside the council building or outside hours
of work to discuss council business;
Staff refusing to give information which is available to other Councillors to a
particular Councillor because of the staff member’s or Councillor’s political
views;
Councillors who have a development application before council discussing
the matter with junior staff in staff-only areas of the Council;
Junior staff being asked to answer questions or provide documents to
Councillors who are overbearing or threatening;
Councillors directing or pressuring staff in the performance of their work, or
recommendations they should make;
Staff providing ad hoc advice to Councillors without recording or
documenting the interaction as they would if the advice was provided to a
member of the community;
Councillors approaching Council staff organisations; for example unions
and associations; in relation to staffing matters;
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9 Access to information and Council resources
Councillor access to information
9.1 A Council must provide access to the documents listed in section 12 of the
Local Government Act 1993 to all members of the public, and to Councillors. A
council must also provide Councillors with information sufficient to enable them
to carry out their civic functions.
9.2 Any information that is given to a particular councillor in the pursuit of their
civic duties must also be available to any other Councillor who requests it.
9.3 Councillors who have a personal (as distinct from civic) interest in a
document of council have the same rights of access as any member of the
public.
9.4 Council staff have an obligation to provide full and timely information to
councillors about matters that they are dealing with.
9.5 Councillors have an obligation to properly examine all the information
provided to them relating to matters that they are dealing with, sufficient to make
a decision on the matter in accordance with Council’s charter.
Refusal of access to documents
9.6 The General Manager and Public Officer must act reasonably in deciding
whether a document sought by a Councillor should be made available under
section 12 of the Local Government Act 1993 or because it is relevant to the
performance of the Councillor’s civic duty. The General Manager or Public Officer
must state the reasons for the decision if access is refused.
Use of Council information
9.7 Council officials must:
Protect confidential information;
Only access information needed for council business;
Not use confidential information for any non-official purpose;
Only release confidential information if you have authority to do so.;
Only use confidential information for the purpose it is intended to be used;
Only release other information in accordance with established Council
policies and procedures and in compliance with relevant legislation;
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Not use council information for personal purposes;
Not disclose any information discussed during a confidential session of a
Council meeting;
9.8 You must carry out your duties in a manner that allows councillors, members
of staff, delegates and the public to remain informed about local government
activity and practices.
9.9 You must not use confidential information gained through your official
position for the purpose of securing a private benefit for yourself or for any other
person.
9.10 You must not seek or obtain, either directly or indirectly, any financial benefit
or other improper advantage for yourself, or any other person or body, from any
information to which you had access in the exercise of your official functions or
duties by virtue of your office or position.
9.11 You must not use confidential information with the intention to improperly
cause harm or detriment to your council.
Security of information
9.12 You must take care to maintain the integrity and security of confidential
documents or information in your possession, or for which you are responsible.
9.13 You must comply with the information protection principles, council’s privacy
management plan and legislation when dealing with personal information.
Personal information is information or an opinion about a person whose identity
is apparent, or can be determined from the information or opinion.
Use of council resources
9.14 You must use council resources ethically, effectively, efficiently and carefully
in the course of your public or profes sional duties, and must not use them for
private purposes (except when supplied as part of a contract of employment)
unless this use is lawfully authorised and proper payment is made where
appropriate.
9.15 You must be scrupulous in your use of council property, official services and
facilities and should not permit their misuse by any other person or body.
9.16 You must avoid any action or situation which could create the impression
that council property, official services or public facilities are being improperly
used for your own or any other person or body’s private benefit or gain.
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9.17 The interests of a Councillor in thei r re-election is considered to be a
personal interest and as such the reimbursement of travel expenses incurred on
election matters is not appropriate. The use of Council letterhead, Council crests
and other information that gives the impression it is official Council material must
not be used for these purposes.
9.18 You must not convert any property of the Council to your own use unless
properly authorised.
9.19 You must not use Council’s computer resources to search for, access,
download or communicate any material of an offensive, obscene, pornographic,
threatening, abusive or defamatory nature. In the case of Council staff this is
likely to constitute a disciplinary offence.
Councillor access to Council buildings
9.20 As elected members of the Council, councillors are entitled to have access
to the Council Chamber, committee room, Mayor’s office (subject to the Mayor’s
approval), Councillor’s rooms, and public areas of Council’s buildings during
normal business hours and for meetings. Should Councillors need access to
these facilities at other times, authority is required from the General Manager in
order that necessary arrangements can be made.
9.21 Councillors must not enter staff-only areas of Council buildings without the
approval of the General Manager (or delegate) or as provided in the procedures
governing the interaction of Councillors and Council staff.
9.22 Councillors must ensure that when they are within a staff area they are
cognisant of potential conflict or pecuniary interest matters and /or a perception
that they may bring influence to bear on Council staff decisions and should
conduct themselves accordingly.
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10 Reporting Breaches, complaint handling
procedures & sanctions