FAQ

16. This Code of Conduct applies to you as soon as you sign your declaration of acceptance of the office of Mayor/Councillor or on appointment as a co-opted member and continues to apply to you until you cease to be a Member.

 17. This Code of Conduct applies to you when you are acting in your capacity as a member which may include, but is not limited to, when:

• You are acting on council business
• Your actions would give the impression to a reasonable member of the public with knowledge of all the facts that you are acting as a Member;
• You misuse your position as a Member

 18. The Code applies to all forms of communication and interaction, including:

• at face-to-face meetings
• at online or telephone meetings
• in written communication
• in verbal communication
• in non-verbal communication
• in electronic and social media communication, posts, statements and comments.

 19. You are also expected to uphold high standards of conduct and show leadership at all times when acting as a Member.

 20. Your Monitoring Officer has statutory responsibility for the implementation of the Code of Conduct, and you are encouraged to seek advice from your Monitoring Officer on any matters that may relate to the Code of Conduct.

22 .    As a Member:

a. I promote and support high standards of conduct through my leadership and example.

b. I treat other Members and members of the public with respect.

c. I treat local authority employees, and representatives of partner organisations and those volunteering for the local authority with respect and respect the role they play.

d. I take account of the views of others, including where applicable my political group, but I reach my own conclusions and act in accordance with those conclusions.

 23. Respect means politeness and courtesy in behaviour, speech, and in the written word. Debate and having different views are all part of a healthy democracy. As a Member, you can express, challenge, criticise and disagree with views, ideas, opinions, and policies in a robust but civil manner. You should not, however, subject individuals, groups of people or organisations to personal attack.

 24. In your contact with the public, you should treat them politely and courteously. Rude and offensive behaviour lowers the public’s confidence in Members.

29 .    As a Member:

a.    I do not bully any person

b.    I do not harass any person

c.    I promote equalities and do not discriminate unlawfully against any person

30. The Advisory, Conciliation and Arbitration Service (ACAS) characterises bullying as offensive, intimidating, malicious or insulting behaviour, an abuse or misuse of power through means that undermine, humiliate, denigrate or injure the recipient. Bullying might be a regular pattern of behaviour or a one-off incident, happen face-to-face, on social media, in emails or phone calls, happen in the workplace or at work social events and may not always be obvious or noticed by others.

31. The Protection from Harassment Act 1997 defines harassment as conduct that  causes alarm or distress or puts people in fear of violence and must involve such conduct on at least two occasions. It can include repeated attempts to impose unwanted communications and contact upon a person in a manner that could be expected to cause distress or fear in any reasonable person.

32. Unlawful discrimination is where someone is treated unfairly because of a protected characteristic. Protected characteristics are specific aspects of a person's identity defined by the Equality Act 2010. They are age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation.

33. The Equality Act 2010 places specific duties on local authorities. Members have a central role to play in ensuring that equality issues are integral to the local authority's performance and strategic aims, and that there is a strong vision and public commitment to equality across public services.

a. I do not disclose information

i. Given to me in confidence by anyone

ii. Acquired by me which I believe, or ought reasonably to be aware, is of a confidential nature, unless

1. I have received the consent of a person authorised to give it;

2. I am required by law to do so;

3. The disclosure is made to a third party for the purpose of obtaining professional legal advice provided that the third party agrees not to disclose the information to any other person; or

4. The disclosure is:

a. Reasonable and in the public interest; and

b. Made in good faith and in compliance with the reasonable requirements of the local authority;

c. And I have consulted the Monitoring Officer prior to its release.

37. I do not improperly use knowledge gained solely as a result of my role as a Member for the advancement of myself, my friends, my family members, my employer or my business interests.

38. I do not prevent anyone from getting information that they are entitled to by law.

39. Local authorities must work openly and transparently, and their proceedings and printed materials are open to the public, except in certain legally defined circumstances. You should work on this basis, but there will be times when it is required by law that discussions, documents and other information relating to or held by the local authority must be treated in a confidential manner. Examples include personal data relating to individuals or information relating to ongoing negotiations.