WPC Code of Conduct Procedure

CODE OF CONDUCT FOR WELBY PARISH COUNCIL

Introduction

Pursuant to Section 27 of the Localism Act 2011, Welby Parish Council (hereafter referred to as the Council), has adopted this Code of Conduct to promote and maintain high standards of behaviour by its members, employees, and co-opted members whenever they conduct the business of the Council, including the business of the office to which they were elected, appointed or employed. It also covers occasion when they claim to act or give the impression of acting as a representative of the Council.

This Code of Conduct is based on the 7 Nolan Principle of Public Office (selflessness, integrity, objectivity, accountability, openness, honesty, and leadership.

This Code of Conduct is in accordance with mandatory obligations of a Council laid down by the National Association of Local Councils (NALC).

Definitions

For the purposes of this Code, a co-opted member is a person who is not an elected member of the Council but who is either a member of any committee or sub committee of the Council, or who may represent the Council on any related committee or group and may bring matters from that group to the Council, and who is entitled to vote on any question that falls to be decide upon by the Council.

For the purposes of this code, a meeting is a meeting of the Council, of any of its sub committees or groups.

Member obligations

 When a member of the Council acts, claims to act or is perceived to give the impression of acting as a representative of the Council, he / she / they have the following obligations.

1. To behave in such a way that a reasonable person would regard as respectful.
2. Shall not act in a way which a reasonable person would regard as bullying or intimidatory.
3. Shall not seek to improperly confer an advantage or disadvantage on any person or organisation.
4. Shall use the resources of the Council in accordance with agreed requirements (physical resources such as equipment, disposables such as stationery, electronic resources such as websites, email addresses, stored records etc.)
5. Shall not disclose information which is confidential or where disclosure is prohibited by law or would confer an advantage to the person in receipt of the information.
6. Shall not respond to anonymous or third party requests for consideration of matters by the Council. Representations should be made directly to the Council (in person or by writing) such that they can be dealt with directly.

Registration of Interests

7. Within 28 days of this Code being adopted by the Council, or within 28 days of a member being elected, re-elected, or co-opted, interests should be registered, and a record of interests kept by the Clerk to the Council. Such interests are laid out in the appendices to this Code of Conduct.
8. Any change to or new interests should be registered within 28 days of becoming aware of it.
9. A member need only declare the existence of an interest but not the details of it, if it is agreed as being a “sensitive interest” that could lead to the member being subject to violence or intimidation.

Declaration of interests at meetings

10. Where a matter arises at a meeting in relation to an interest declared by a member, the member shall not participate in any discussion or vote on the matter. If it is an interest of a sensitive nature the disclosure of an interest shall be made but not the nature of it.
11. Where a matter relates to a friend, relative or close associate, a member should disclose the nature of the interest (if it is not otherwise known or declared) and may speak on the matter as long as there is also the opportunity for members of the public to also speak at the meeting.

The obligations of the Parish Clerk and other employees of the Council

12. The clerk is employed by the council, under section 112 (1) of the Local Government Act 1972, to provide administrative support for the council's activities. Any other staff, although employed by the council, answer to the clerk who is their manager and is responsible for their performance. Although not salaried, the Clerk will receive an annual payment of expenses for services provided and for completion of responsibilities.
13. The clerk's primary responsibility is to advise the council on whether its decisions are lawful and to recommend ways in which decisions can be implemented. To help with this, the Clerk can be asked to research topics of concern to the council and provide unbiased information to help the council to make appropriate choices.
14. The clerk has a wide range of other responsibilities which should be set out in their job description. The clerk must recognise that the council is responsible for all decisions and that they take instructions from the council as a body. The clerk is not answerable to any individual councillor - not even the Chair. The Clerk must ensure that any intended actions / interactions carried out by them including correspondence with members of the public (face to face or by means of written or electronic means) are approved by the Council.
15. The Council must be confident that the clerk is, always, independent, objective and professional.
16. 'Proper officer' is a title used in statute. It refers to the appropriate officer for the relevant function. In Parish councils, the proper officer is normally the clerk and for financial matters, the proper officer is known as the Responsible Financial Officer.

Roles and Responsibilities of the Clerk

17. The Parish council Clerk is responsible for the administration of its financial affairs. The Clerk is sometimes a council's only employee.
18. The Clerk is required to give clear guidance to Councillors, including the Chair, before decisions are reached, even when that guidance may be unpalatable. The Clerk has a key role in advising the council, and Councillors, on governance, ethical and procedural matters. They must also liaise with the Monitoring Officer at the district/unitary council on ethical issues and the Councillors' Register of Interests.
19. The Clerk to the Council will be the Proper Officer of the Council and as such is under a statutory duty to carry out all the functions, and in particular to serve or issue all the notifications required by law of a local authority's Proper Officer. The Clerk will be totally responsible for ensuring that the instructions of the Council in connection with its function as a Local Authority are carried out. The Clerk is expected to advise the Council on, and assist in the formation of, overall policies to be followed in respect of the Authority's activities and to produce all the information required for making effective decisions and to implement constructively all decisions. They will be accountable to the Council for the effective management of all its resources. The Clerk may also be the Responsible Financial Officer and responsible for all financial records of the Council and the careful administration of its finances.
20. The post of the Clerk is responsible for the administration of the Council and should properly communicate with all Councillors, members of the public and external bodies. All administration should be approved by the Council before issue.
21. It is the duty of the Clerk as the Proper Officer to assist Members of the Council on matters of fact and law. Councillors (even where it is contrary to their personal wishes or expectations) should take fully into account the advice and guidance given by the Clerk on the existence and applicability of the relevant facts or the law. Councillors should then seek means to make their policy decisions considering such guidance. Councillors should also accept as a fact that it is the duty of the Clerk to minute any situation in which the advice given has not been heeded.
22. The Clerk should consider and present all directly made written requests to the Council for their consideration. This may include dispensation for a Councillor to participate in a discussion and vote on a matter where they have a declared interest. The Clerk must also arrange for inhabitants within the Council area to be afforded the opportunity to properly communicate with the Council, in person or in writing.

Appendix A

Interests to be declared

Other Interests to be advised

Any interest that is likely to affect:

1. Any body of which the member is in a position of general control or management and to which he / she is appointed b the Council
2. Any body exercising a function of a public nature
3. Any body directed to charitable purposes
4. Any body whose principal function is the influence of public opinion or policy
5. Receipt of any gift or hospitality worth more than an estimated value of £50 which the member has received by virtue of Office.