Leven Parish Council Code of Conduct

Agreed 3^rd September 2024

Review 1^st September 2026

Purpose of the Code of Conduct

The purpose of this Code of Conduct is to assist Leven Parish councillors, in modelling the behaviour that is expected and to provide a personal check and balance to avoid the type of conduct that could lead to action being taken. It is also to protect councillors, the public, fellow councillors, officers and the reputation of local government.  It sets out specific obligations in relation to standards of conduct. The fundamental aim of the Code is to create and maintain public confidence in the role of councillor and local government.

Application of the Code of Conduct

This Code of Conduct applies to councillors as soon as they sign the declaration of acceptance of the office of councillor or they attend first meeting as a co-opted member and continues to apply to until they cease to be a councillor.

This Code of Conduct applies when they are acting in the capacity of councillor which may include when:

• they misuse your position as a councillor
• actions would give the impression to a reasonable member of the public with knowledge of all the facts that they are acting as a councillor;

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.

The East Riding of Yorkshire Council Monitoring Officer has statutory responsibility for the implementation of the Code of Conduct, and coiuncillors are encouraged to seek advice from the Monitoring Officer on any matters that may relate to the Code of Conduct. Parish councillors are encouraged to seek advice from their Clerk, who may refer matters to the Monitoring Officer.

Standards of Councillor Conduct

This section sets out their obligations, which are the minimum standards of conduct required of a councillor. Should conduct fall short of these standards, a complaint may be made against the councillor, which may result in action being taken.

Guidance is included to help explain the reasons for the obligations and how they should be followed.

1. You must treat others with respect

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. Councillors can express, challenge, criticise and disagree with views, ideas, opinions and policies in a robust but civil manner. Councillors should not, however, subject individuals, groups of people or organisations to personal attack.  Contact with the public, should be polite and courteous. Rude and offensive behaviour lowers the public’s expectations and confidence in councillors.

In return, Councillors have a right to expect respectful behaviour from the public.  If members of the public are being abusive, intimidatory or threatening councillors are entitled to stop any conversation or interaction in person or online. Intimidatory or threatening behaviour which may amount to a criminal offence can be reported to the Police. Such behaviour can also be reported to the relevant social media provider. This also applies to fellow councillors, where action could then be taken under the Councillor Code of Conduct, and authority employees, where concerns should be raised in line with the council employment protocol.

2. Councillors must not:

• Bully any person.
• Harass any person.
• Do anything which may cause the authority to breach any of the equality legislation and council equality and diversity policy.

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.

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.

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.

The Equality Act 2010 places specific duties on local authorities. Councillors 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.

3. Councillors must not compromise, or attempt to compromise, the impartiality of anyone who works for, or on behalf of, the authority.

The Parish Clerk must be politically neutral. The clerk should not be coerced or persuaded to act in a way that would undermine their neutrality. Councillors must not try and force them to act differently, change their advice, or alter the content of that report, if doing so would prejudice their professional integrity.

4. Councillors must not disclose information

• given to them in confidence by anyone
• acquired by them which is believed, or ought reasonably to be aware, is of a confidential nature,
• which consists of the personal data of another person, unless:

• they have received the consent of a person authorised to give it;
• they are required by law to do so;
• 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
• the disclosure is reasonable and in the public interest; made in good faith and in compliance with the reasonable requirements of the Council;
• a councillor has consulted the Monitoring Officer prior to its release.

Improper use

•  knowledge gained solely because of being a councillor for personal advancement or, close associates, family members, employers or personal business interests.
• Prevent anyone from getting information that they are entitled to by law.

Councils must work openly and transparently, and their proceedings and printed materials

are open to the public, except in certain legally defined circumstances. Councillors 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 Council must be treated in a confidential manner.  Examples include personal data relating to individuals or information relating to ongoing negotiations.

5. Councillors must not conduct yourself in a manner that could reasonably be regarded as bringing the office or Council into disrepute.

Councillors are trusted to make decisions on behalf of their community and actions and behaviour are subject to greater scrutiny than that of ordinary members of the public. Councillors should be aware that their actions might have an adverse impact on themselves, other councillors and/or the Council and may lower the public’s confidence in their and the Councils’ ability to discharge their functions. For example, behaviour that is considered dishonest and/or deceitful can bring the Council into disrepute.

Councillors are able to hold the Council and fellow councillors to account and are able to constructively challenge and express concern about decisions and processes undertaken by the Council whilst continuing to adhere to other aspects of this Code of Conduct.

6. Councillors must not use, or attempt to use, your position improperly to the advantage or disadvantage of yourself or anyone else.

Being a Councillor provides certain opportunities, responsibilities and privileges, and Councillors make choices all the time that will impact others. However, they should not take advantage of these opportunities to further their own or others’ private interests or to disadvantage anyone unfairly.

7. Councillors must not misuse Council resources.

When using the resources of the local authority or authorising their use by others Councillors must:

• act in accordance with the Councils’ requirements
• ensure that such resources are not used improperly for political purposes

Councillors may be provided with resources and facilities by the Council to assist in carrying out your duties.

Examples include:

• office support
• stationery
• equipment such as phones, and computers

These may be given to Councillors to help them carry out their role more effectively and are not to be used for business or personal gain. They should be used in accordance with the purpose for which they have been provided and the local authority’s own policies regarding their use.

8.Generally Councillors must:

a. undertake any Code of Conduct training provided or commissioned by the Council

b. co-operate with any Code of Conduct investigation and/or determination.

c. comply with any sanction imposed following a finding of a breach of the Code of Conduct

10. Councillors must not :

• intimidate or attempt to intimidate any person who is likely to be involved with the administration of any investigation or proceedings.

• make any trivial or malicious complaint against any other Councillor alleging a breach of any of the provisions of this Code of Conduct.

It is extremely important for councillors to demonstrate high standards, as they actions are open to scrutiny, and they must not undermine public trust in the Council or its governance. If a councillor does not understand or are concerned about the local authority’s processes in handling a complaint you should raise this with the Monitoring Officer.

10. Councillors must within 28 days of receipt, register offers of gifts or hospitality with a value of £25 or more which have been offered to you in your capacity as a councillor

from any person or body other than the Council.

Councillors must not accept gifts and hospitality regardless of value where it may lead any reasonable person with knowledge of the relevant facts to believe that you might

be influenced by the gift or hospitality given.

In order to protect their position and the reputation of the Council, councillors should exercise caution in accepting any gifts or hospitality which are (or which they reasonably believe to be) offered because they are a councillor. The presumption should always be not to accept significant gifts or hospitality.  However, there may be times when such a refusal may be difficult if it is seen as rudeness in which case councillors could accept it but must ensure it is publicly registered. However, councillors do not need to register gifts and hospitality which are not related to their role as a councillor.

11.Registration of Interests

 Councillors must before the end of 28 days beginning on the day on which they become a Member of the authority or within 28 days of any change in an interest or becoming aware of any new interest notify the Clerk/Monitoring Officer of the following Pecuniary Interests of themselves and their spouse or civil partner, any person with whom you are living as husband or wife or any person with whom they are living as if they were a civil partner:

• Any employment, office, trade, profession or vocation carried on for profit or gain.
• Any payment or provision of any other financial benefit (other than from the council) made to the councillor during the previous 12-month period for expenses incurred by him/her in carrying out his/her duties as a councillor, or towards his/her election expenses. This includes any payment or financial benefit from a trade union within the meaning of the Trade Union and Labour Relations (Consolidation) Act 1992.

• Any contract made between the councillor or his/her spouse or civil partner or the person with whom the councillor is living as if they were spouses/civil partners (or a firm in which such person is a partner, or an incorporated body of which such person is a director or a body that such person has a beneficial interest in the securities of*) and the council — (a) under which goods or services are to be provided or works are to be executed; and (b) which has not been fully discharged.

• Any beneficial interest in land which is within the area of the council. ‘Land’ excludes an easement, servitude, interest or right in or over land which does not give the councillor or his/her spouse or civil partner or the person with whom the councillor is living as if they were spouses/ civil partners (alone or jointly with another) a right to occupy or to receive income.

• Any licence (alone or jointly with others) to occupy land in the area of the Council for a month or longer

• Any tenancy where (to the councillor’s knowledge) — (a) the landlord is the council; and (b) the tenant is a body that the councillor, or his/her spouse or civil partner or the person with whom the councillor is living as if they were spouses/ civil partners is a partner of or a director* of or has a beneficial interest in the securities* of.

• Any beneficial interest in securities* of a body where — (a) that body(to the councillor’s knowledge) has a place of business or land in the area of the Council; and (b) either — (i) ) the total nominal value of the securities* exceeds £25,000 or one hundredth of the total issued share capital of that body; or (ii) if the share capital of that body is of more than one class, the total nominal value of the shares of any one class in which the councillor, or his/ her spouse or civil partner or the person with whom the councillor is living as if they were spouses/civil partners has a beneficial interest exceeds one hundredth of the total issued share capital of that class.

*Director’ includes a member of the committee of management of an industrial and provident society.

*‘Securities’ means shares, debentures, debenture stock, loan stock, bonds,

*Units of a collective investment scheme within the meaning of the Financial Services and Markets Act 2000 and other securities of any description, other than money deposited with a building society.

b. The following Non-Pecuniary interests of the councillor:

• Bodies to which the councillor is appointed or nominated by the Council other than bodies in which the authority has an interest (i.e. outside body appointments).

• Bodies exercising functions of a public nature of which the councillor is a member (including regional and local enterprise partnerships, other councils, public health bodies, school governing bodies).

• Bodies directed to charitable purposes of which they are a member (including the Lions, the Masons, a Parochial Church Council; not just bodies registered with the Charity Commission).

• Bodies whose principal purposes include influence of public opinion of policy (including any political party or trade union) of which they are a Member.

• Any voluntary work undertaken.

• Any role as a trustee.

14. Councillors need only notify the Monitoring Officer of any interests of which they are aware pursuant to paragraph 13 above.

15. Where a councillor becomes a Member of the authority as a result of a re-election or a re-appointment they only need to disclose interests not already entered on the register.

Download a PDF of Code of Conduct for Councillors 2024