MEMBERS’ CODE OF CONDUCT NORTH WEST LEICESTERSHIRE DISTRICT COUNCIL TUESDAY 19 May 2015 WEDNESDAY 20 MAY 2015 THURSDAY 21 MAY 2015

SPEAKERS: DAVE GILL LEGAL SERIVCES TEAM MANAGER / DEPUTY MONITORING OFFICER ANTHEA LOWE PRINCIPAL SOLICITOR

OUTCOMES To enable members to understand their responsibilities under the Code of Conduct. Including Disclosable Pecuniary Interests. Predetermination.

PRINCIPALS UNDERPINNING THE CODE Selflessness Integrity Objectivity Accountability Openness Honesty Leadership

CODE OF CONDUCT Paragraph 1 - The Code applies to you as a councillor. Paragraph 2 - The Code only applies when you are acting in the capacity of councillor. Paragraph 3 - Treating others with respect. Paragraph 4 - Confidentiality. Paragraph 5 - Bringing your authority into disrepute: o using a position improperly; o conferring an advantage; o improper use of Authority’s resources.

Paragraph 6 - Have regard to advice from Authority’s officers. Paragraph 7 - Duty to be accountable for your decisions: o to ensure responsibility for your conduct and behaviour while acting in the capacity of councillor. Paragraph 8 - Disclosable Pecuniary Interests: o Interests are set down by Regulations; o requires members to disclose, and make public, their Pecuniary Interests where they are known to you.

Paragraph 9 - Disclosable Non Pecuniary Interests: o required to disclose Interests which, although not Pecuniary, may affect or appear to affect your ability to comply with other obligations in terms of dealing with matters on their individual merit or open decision making; o membership of groups such as “friends of associations” would fall into this category; o these Interests are not subject to criminal sanction but failure to notify may result in some other sanction imposed by the Audit and Governance Committee. This could include a letter of censure, the requirement to issue an apology or undertake training.

Paragraph 10 - Dispensations: o the Monitoring Officer may issue a dispensation for one meeting only; o further dispensations must be sought from the Audit and Governance Committee. Paragraph 11 - Sensitive Interests.

DISCLOSABLE PECUNIARY INTERESTS What are they? Set down by Regulations: o an Interest in which you or your spouse has a financial connection. Examples: o a member submits a planning application in relation to land that he jointly owns with his wife or partner; o a member is a director of a company that submits a tender to provide the Council with goods or services; o a member is the beneficiary of a trust that leases land/property to the Council for financial return.

DISCLOSABLE PECUNIARY INTERESTS What are they? Wider duty under the Locally Adopted Code which requires a member to disclose a Pecuniary Interest that relates to any family member or close associate. Close Associate means someone with whom you have a social/business relationship which is more than casual.

DISCLOSABLE PECUNIARY INTERESTS When to disclose? –Required to disclose the Interest at the meeting where that Interest arises. –Required to leave the meeting where that Interest arises. –Breach of the Code of Conduct subject to sanctions.

DISCLOSABLE PECUNIARY INTERESTS Register of Interests Requirement to register your Interest: o on the required form provided by your member support officer/responsible officer (parish clerk); o when - the Register of Interests must be completed within 28 days of election - failure to complete the register is a criminal offence. What goes on the form: o Interests of you or your spouse; o Interests of your other family members or close associates need only be added when they arise. Where an Interest is disclosed at a meeting: o need to be registered within 28 days. Duty on the member: o it is your responsibility to ensure the Interest is registered.

DISCLOSABLE PECUNIARY INTERESTS Participation in Meetings Where you have a Disclosable Pecuniary Interest in a matter to be determined you MUST NOT participate in the meeting and are required to remove yourself from the meeting.

DISCLOSABLE NON PECUNIARY INTERESTS What are they? o Matters in which you have an Interest but not a financial connection. Examples: o a District member who is also a member of a town or parish council will have a Disclosable Non Pecuniary Interest in decisions made by the District that may affect the parish; o a member who is a member of a trade union will have a Disclosable Non Pecuniary Interest in decisions that relate to employment matters; o a member who volunteers for a charity will have a Disclosable Non Pecuniary Interest in decisions that relate to that charity, e.g. the awarding of financial grants or the grant of a lease for Council property.

DISCLOSABLE NON PECUNIARY INTERESTS When to declare? Requirement to disclose: o when they arise. Effect of Declaration: o may remain and vote provided other Code of Conduct obligations are not breached.

SENSITIVE INTERESTS Detail not required on the form subject to the agreement of the Monitoring Officer. Definition of a Sensitive Interest set down by the Localism Act 2011 Section 32(2): “The nature of the interest is such that the member or co-opted member, and the authority’s monitoring officer, consider that disclosure of the details of the interest could lead to the member or co-opted member, or a person connected with the member or co- opted member, being subject to violence or intimidation.”

SENSITIVE INTERESTS Examples: You, your partner or spouse may do work of a sensitive nature, e.g. Animal Testing or work for the intelligence agency If you believe that you have a sensitive interest then you should seek advice from the Monitoring Officer before you complete your register of interests form.

REGISTER OF INTERESTS FORM Publication Register of Interests forms are: o public documents available for inspection, and o must be published on the Council’s website (where the Council has one). (Sensitive interests are not published.)

SANCTIONS Failure to disclose a Disclosable Pecuniary Interest is a criminal offence - but only in relation to a spouse or equivalent. Penalty - fine £5,000 plus 5 year disqualification from public office. Failure in relation to family member or close associate is a breach of the Code and could attract the sanctions below.

SANCTIONS R -v- Flower March 201

SANCTIONS Failure to disclose a Disclosable Non Pecuniary Interest is a breach of the Code. Likely sanctions: o Letter of Censure; o Requirement to Apologise; o Removal from Committees with agreement of Group Leader.

DISPENSATIONS One dispensation to be granted by the Monitoring Officer. Any subsequent dispensations to be granted by the Audit and Governance Committee. Reasons for dispensations set down by the Localism Act 2011 Section 33: o the meeting would be inquorate; o the meeting would be politically unbalanced; o it is in the interests of persons living in the area to grant the dispensation; o the Executive would be inquorate; o it is otherwise appropriate to grant the dispensation.

PREDETERMINATION There is no longer a presumption of a closed mind just because a member has previously campaigned on an issue. The Act does not allow previous statements or actions to be completely disregarded, rather that they are not by themselves to be taken as amounting to a predetermined mind. Example: A parish member considering a planning matter as part of the statutory consultation process is not deemed to be predetermined if that member also sits on the Planning Committee at District level provided that he does so with an open mind and is capable of being persuaded having heard all of the information.

PRE-DETERMINATION VS PRE-DISPOSITION Predetermination o The “closed mind”. o Where the member has come to the table having already come to a decision, regardless of what they subsequently hear. Predisposition o A mere inclination. o Will still consider all the information with an open mind before coming to a determination.

BIAS Actual bias automatically disqualifies a member from sitting on the decision making body. Includes appearance of bias from either: -a Disqualifying Interest (a Registered Interest), –OR -Where a reasonably fair minded observer would conclude there is a real possibility that the member is biased.

CRIMINAL LIABILITY Misconduct in Public Office o Wilful misuse of public authority amounting to a breach of public trust. Bribery Act The act creates a number of offences of either bribing a person or being bribed whether or not the bribe is received. The maximum penalty under the act is 10 years’ imprisonment (depending upon the offence).

BIAS, PRE-DETERMINATION AND PRE-DISPOSITION Don’t make up your mind too early. Consider all the information and consider it fairly. Have an open mind. Decide as an individual, not a party member, as the Code of Conduct requires.

HOW COMPLAINTS ARE DEALT WITH Early member involvement. Informal resolution. Greater flexibility. Consultation with parish clerks/chairman. Co-option of parish members on to sub committees when dealing with parish council issues.

QUESTIONS

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