CODE OF CONDUCT FOR EMPLOYEES
1.
INTRODUCTION
1.1
The National Joint Council Scheme of Conditions of Service incorporates the
following statements:
“Employees will maintain conduct of the highest standard such that public
confidence in their integrity is sustained.
Local codes of practice will be developed to cover the official conduct and the
obligations of employees and employers.”
1.2
In the light of the national guidance, this code has been produced. It takes
account of the challenges that we all face in the present commercially
orientated environment. These include the introduction and extension of
compulsory competitive tendering (CCT), market testing, the introduction of a
‘best value approach’, changes in the management of the education and
housing services, and care in the community.
1.3
This Code of Conduct is intended as a guide for employees on the standards
that are expected. It is not intended to be exhaustive, but rather to give an
indication of the areas that may fall within the scope of the Code of Conduct.
If you have any concerns about the application of this Code, you should seek
the advice of your manager.
2.
STANDARDS
2.1
As an employee of the Council, you are expected to give the highest possible
standard of service to the public and, where it is part of your duties, to
provide appropriate advice to councillors and other employees with
impartiality.
2.2
If you have any concern about impropriety or breach of procedure you must
report this to your manager.
2.3
You are expected, through agreed procedures and without fear of
recrimination, to bring to the attention of the appropriate level of management
any deficiency in the provision of service. A Whistleblowing - Confidential
Reporting Policy is available for use in appropriate circumstances.
2.4
The Council has published standing orders and financial regulations, which
describe important rules and standards. Copies of these documents are
available, and all employees are required to work in accordance with them.
2.5
If you are convicted of any criminal offence that you consider may be relevant
to your employment while employed by the Council, you must inform your
manager. If you are unsure about whether or not an offence should be
disclosed, you should discuss this with your manager.
2.6
The Code is intended to help to maintain and improve standards and protect
employees from misunderstanding or criticism. However, a failure to comply
with the code would be investigated and could lead to disciplinary action.
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2.7
The additional responsibilities of Chief Officers and Heads of Service arising
from the Code are attached as Appendix 3.
3.
RELATIONSHIPS
Councillors
3.1
Employees are responsible to the Council through its senior managers. Your
role may require you to give advice to councillors and senior managers.
Mutual respect between employees and councillors is essential to good local
government. Close personal familiarity between employees and individual
councillors can damage the relationship and prove embarrassing to other
employees and councillors. It should therefore be avoided.
The Local Community and Service Users
3.2
As an employee of the Council, you should always remember your
responsibilities to the community you serve and ensure courteous, efficient
and impartial service delivery to all groups and individuals within that
community as defined by the policies of the Council.
Contractors
3.3
Orders and contracts must be awarded on merit, by fair competition between
tenders, and no special favour should be shown in the tendering process.
Particular care needs to be taken in relation to businesses which the
employee is aware are either run by or employ in a senior or relevant
management capacity either existing or former employees, friends, partners
or relatives. No part of the local community should be discriminated against.
3.4
All relationships of a business or private nature with external contractors, or
contractors bidding for contracts, who operate in your area of work, should be
reported to your manager for inclusion in the relevant Register of Interests.
3.5
You should declare any private or domestic relationship that you have or
have had with contractors who operate in your area or work to your manager
for inclusion in the relevant Register of Interests if you engage or supervise
contractors or have any other official relationship with contractors.
3.6
If you are involved in the purchase of goods or services from individuals or
organisations with whom you come into contact in the course of your private
life it would not be appropriate to register every encounter. In such situations
you may wish to register a general statement of the type of meeting that may
arise during the course of your normal private life. A specific registration
would be needed where you, on behalf of the Council, make a decision to
enter into a business relationship with a person or an organisation
represented by a person with whom you have come into contact in the course
of your normal private life.
4.
PERSONAL INTERESTS
If you have any financial interests that could conflict with the Council’s
interests, then you should declare this to your manager for inclusion in the
relevant Register of Interests. If you are unclear as to the relevance of a
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particular matter you should discuss this with your manager.
4.2
If you have any non-financial interests that you consider could bring about
conflict with the Council’s interests then you should declare this to your
manager for inclusion in the relevant Register of Interests. This might include
a relationship with someone seeking planning permission or who is seeking
advice under the building control regulations, membership of a school
governing body or of the committee of a voluntary organisation, where this is
relevant to your area of work. If you are in any doubt about the relevance of
a non-financial interest, you should discuss this with your manager.
4.3
If you are a member of any organisation not open to the public without formal
membership and commitment of allegiance, which has secrecy about rules or
membership or conduct, you should declare this to your manager for
inclusion in the relevant Register of Interests
4.4
The Register of Interests Procedure is attached as Appendix 1.
5.
CORRUPTION
5.1
It is a serious criminal offence for an employee to seek to influence the
placing of a contract by or from the Council through
(a)
the receiving or giving of any gift, loan, fee, reward or advantage, or
(b)
by either taking inappropriate action or failing to take action when there is a
clear need to do so, or
(c)
by showing favour, or disfavour, to any person or organisation.
5.2
The Council procedure for recording of hospitality or gifts is set out in
Appendix 2.
5.3
You should not take advantage of your position with the Council. This could
mean:
(a)
By acquiring goods or services at a preferential rate which would not normally
be available to other Council employees.
(b)
By acquiring goods or services at a reduced rate because a contractor or
those bidding for contracts in your area of work, or another person or body
seeking influence with the Council treats you, your relatives or friends more
favourably than others.
(c)
By accepting gifts or hospitality from a contractor or those bidding for
contracts with the Council or any other person or body seeking influence with
the Council.
5.4
Employees may be offered goods and services at a reduced rate by one of
the Council’s suppliers. If this reduced rate is widely publicised as being
available to all then the purchase of these items would not generally need to
be registered. However, if an employee is in a position to influence the
purchasing decisions of the Council in relation to these items, then it would
be appropriate for them to discuss the issue with their manager, with a view
to
registering
that
interest.
Account would need to be taken
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of the level of authority that the individual had in relation to the decision
making and the number of checks in place involving other levels of authority.
5.5
A relationship between a supplier of goods and /or services and the Council,
should not affect the purchasing practice of an employee in a situation where
the prices to the public are published and the employee is purchasing at the
published prices. Therefore, an employee would not need to register where
they purchase their weekly shopping, for example.
5.6
However, where there is a general expectation that prices are open to
negotiation and an employee is responsible for advising on purchasing
decisions relating to those items, it would be appropriate for the employee to
register.
6.
SEPARATION OF ROLES DURING TENDERING
6.1
The law requires the Council to comply with the Compulsory Competitive
Tendering (CCT)legislation. Employees involved in the tendering process
and dealing with contractors should be clear on the separation of “client” and
“contractor” roles within the Council. If you are involved in both client and
contractor roles and responsibilities you must be aware of any restrictions
that apply to involvement in particular stages in the process. Some of these
are set out in relevant government circulars. You should also make
declarations of interest at the start of relevant meetings which form part of the
tendering process. If you are unclear about the implications in your own
case, you should discuss this with your manager.
6.2
If you work in contractor or client units, you must exercise fairness and
impartiality when dealing with all customers, suppliers, other contractors and
sub-contractors.
7.
HOSPITALITY
Employees receiving hospitality
7.1
You should only accept offers of hospitality where there is a genuine need to
impart information or represent the local Council in the community. Offers to
attend purely social or sporting functions should be accepted where the
Council wishes to be represented. Offers of hospitality should be authorised
by your manager and recorded in the relevant Register of Interests.
7.2
When hospitality has to be declined, those making the offer should be
courteously but firmly informed of the procedures and standards operating
within the Council. Hospitality that is rejected must be recorded in the
relevant Register of Interests.
7.3
When receiving authorised hospitality, you should be particularly sensitive as
to its timing in relation to decisions which the Council may be taking affecting
those providing the hospitality.
7.4
Acceptance of hospitality through attendance at relevant conferences and
courses is acceptable where it is clear the hospitality is corporate rather than
personal, offered to the Council rather than the individual employee on a
personal basis. In such cases, you should obtain the consent, in advance, of
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your manager and it should be recorded in the Register of Interests.
7.5
Where visits to inspect equipment etc. are required, you should ensure that
the Council meets the cost of such visits to avoid jeopardising the integrity of
subsequent purchasing decisions
Employees providing hospitality
7.6
Where you have to offer hospitality to visitors to Council premises, meals
should normally be taken in the dining room (or other appropriate venue), and
it is a matter for individual judgement whether only the visitors meal is
reimbursed, or whether both staff and visitors meals are reimbursed.
7.7
Only in special circumstances should meals be provided away from Council
premises and the reason for this should be stated on the reclaim voucher.
Prior authorisation from your manager will be necessary. Heads of Service
need permission from their Strategic Director; Strategic Directors from the
Chief Executive.
8.
GIFTS
8.1
As a general rule you should not accept significant personal gifts from clients,
contractors and outside suppliers. Gifts, such as wines or spirits, which are
given to individuals must not be accepted. However, the Council allows
employees to keep insignificant items of token value such as pens, diaries
etc.
8.2
Council employees may not accept personal payments from clients,
contractors or outside suppliers.
9.
SPONSORSHIP - GIVING AND RECEIVING
9.1
Where an outside organisation wishes to sponsor or is seeking to sponsor a
local Council activity, whether by invitation, tender, negotiation or voluntarily,
the basic conventions concerning acceptance of gifts or hospitality apply.
Particular care must be taken when dealing with contractors or potential
contractors.
9.2
Where the Council wishes to sponsor an event or service and you are
involved in some way in consideration of the application, neither you nor your
partner, spouse or relative must benefit from such sponsorship without there
being full disclosure to the manager for inclusion in the Register of Interests.
Similarly, where the Council through sponsorship, grant aid, financial or other
means, gives support in the community, employees should ensure that
impartial advice is given and that there is no conflict of interest involved.
9.3
An employee is not normally expected to register that they undertake
voluntary work in an organisation that is in receipt of a grant from the Council.
However, if in the course of their employment they were involved in the
processing of the application or advising officers or members of the Council
on the application they would need to register the potential conflict of interest.
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10.
DISCLOSURE OF INFORMATION
10.1
There is a statutory responsibility that requires certain types of information to
be made available to Members, auditors, government departments, service
users and the public. The Council itself may decide to be open about other
types of information. You must be aware of the information you may be open
about, and act accordingly.
10.2
You should not use any information obtained in the course of your
employment for personal gain or benefit, nor should you pass it on to others
who might use it in such a way.
10.3
You should be aware that the Council’s standing orders limit communication
with the news media. Only members of the Chief Officer Board and the Head
of Press and Public Relations may give information to the Press about any
aspect of the Council’s business, unless specific items have been delegated
to other Officers. However, the Council recognises the right of Union Officials
to speak to the Press on matters directly affecting their members.
10.4
Making unauthorised or improper use of confidential information is a serious
offence, which the Council may regard as gross misconduct, and which may
place your job in jeopardy. Detailed guidance is available for employees
working in some departments. You will be provided with copies of any
guidance that relates to your department.
10.5
If you are privy to confidential information on tenders or costs for either
internal or external contractors, you should not disclose that information to
any unauthorised party or organisation, including any other potential bidder
whether internal or external.
11.
POLITICAL NEUTRALITY
11.1
All employees serve the Council as a whole. It follows that you must serve all
councillors and not just those of the controlling group, and must ensure that
the individual rights of all councillors are respected.
11.2
Councillors usually direct enquiries for information through Strategic Directors
or Heads of Service. However, if you receive a direct approach from a
Councillor for information and you are doubtful about whether it is appropriate
to provide the information or about the organisation’s ability to supply the
information, advise the Councillor accordingly. Explain that you will refer the
matter to your manager to establish what can be done to assist.
11.3
Subject to the Council’s conventions, you may also be required to advise
political groups. If asked to do so, this should be agreed with your Strategic
Director. You should also ensure that another officer is present at the
meeting with you.
11.4
Whether or not you are in a politically restricted post, you must follow every
lawful expressed policy of the Council and must not allow your own personal
or political opinions to interfere with your work.
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12.
EQUALITY ISSUES
12.1
All employees contribute to ensuring that policies relating to equalities issues
as agreed by the Council in addition to the requirements of the law are
complied with. All members of the local community, customers, Councillors
and other employees have a right to be treated with fairness and equity.
13.
APPOINTMENTS AND OTHER EMPLOYMENT MATTERS
13.1
Employees involved in appointments should ensure that these are made on
the basis of merit and in accordance with the Council’s Recruitment and
Selection Procedures. It would be unlawful for an appointment to be made
on the basis of anything other than the ability of the candidate to undertake
the duties of the post.
13.2
In order to avoid any possible accusation of bias, you should not be involved
in an appointment where you are related to an applicant, or you have a
personal relationship outside work with him or her.
13.3
Similarly, you should not be involved in decisions relating to discipline,
promotion or pay adjustments for any employee who is a relative, partner or a
personal friend.
14.
OUTSIDE COMMITMENTS
14.1
You should be clear about your contractual obligations and should not take
outside employment that conflicts with the Council’s interests. Employees on
grade MK9, or equivalent and above, have to obtain written consent to take
any outside employment.
14.2
The Council is entitled to ownership of intellectual property or the copyright of
material created by you in the course of your duties as an employee of the
Council.
15.
USE OF FINANCIAL RESOURCES
15.1
You must ensure that you use any public funds entrusted to you in a
responsible and lawful manner. You should strive to ensure value for money
to the local community and to avoid legal challenge to the Council.
16.
REVIEW
16.1
This Code will be kept under review and any amendments will be subject to
consultation with staff representatives. The Code will be subject to formal
review in December 2002.
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REGISTER OF INTERESTS PROCEDURE
17.
PURPOSE:
17.1
This procedure, which is referred to in the Council’s Code of Conduct, sets
out the arrangements which the Council has in place for the maintenance of
registers of interests for all its staff. In considering what it is appropriate to
register individual employees may need to include the interests of family and
friends, where these have an impact on, or could be interpreted as
influencing the employee’s conduct in relation to the performance of their
duties.
18.
GENERAL PRINCIPLES:
18.1
Each Strategic Director is charged with the responsibility for making
arrangements within their Directorate for one or more registers of interests to
be kept. In making these arrangements Strategic Directors will need to take
account of the size of the Directorate and the number of different workplaces.
18.2
Employees will be invited annually to complete a form, Annex A, and return
this for retention on the appropriate register of interests. Employees may
provide a “nil return” if they have no interests that they wish to register.
However, if forms are not completed by the deadline provided by the
Strategic Director, it will be assumed that the employee is not prepared to
provide the information and this will be recorded in the Register.
18.3
New employees will be invited to complete a form during their induction
period.
18.4
Employees may update the appropriate register of interests at any time.
18.5
As employees report interests, the forms shall be reviewed by the Strategic
Director, before being filed securely.
18.6
The Strategic Director will discuss any potential conflict of interest with the
individual employee concerned and, in appropriate circumstances with the
relevant Head of Section.
18.7
The registers of interests shall be kept in a locked cupboard, and shall not be
recorded on any computer system.
19.
MAINTAINING THE REGISTER
19.1
The Strategic Director will be responsible for writing to all staff annually to
remind them of their opportunity to register any interests which they wish to
record on the Directorate Register of Interests. Staff must register that they
do not have any interests to record.
19.2
The information that employees will be invited to register will include:
(a)
Commercial Interests, such as paid work, home businesses, contracts with
builders.
(b)
Relationships with those seeking planning permission or advice, and
community interests, such as
membership of school governing
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bodies, or the committees of voluntary organisations.
This list is indicative, not exhaustive. If you are unclear whether you may
have an interest that you should declare, this should be discussed with your
manager.
19.3
The Strategic Director will ensure that staff in his/her Directorate are aware of
the local arrangements for registering interests and offers of hospitality and/or
gifts.
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DECLARATION OF INTERESTS OUTSIDE WORK
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Name:
_______________________________________________________________
Directorate:
________________________
Service: _________________________
In considering what it is appropriate to register you may need to include the interests
of family and friends, where these have an impact on, or could be interpreted as
influencing your conduct in relation to the performance of your duties.
*Please delete where appropriate
1. Financial Interests
* Yes / No
If ‘Yes’, please indicate below the nature of the interest to be registered.
2. Non Financial Interests (e.g. planning enquiries, school
governor, committee member, etc)
* Yes / No
If ‘Yes’, please indicate below the nature of the interest to be registered.
3. Membership of organisations specified under 3.3 of the
Code of Conduct:
* Yes / No
If ‘Yes’, please indicate below the nature of the interest to be registered.
I confirm that I have the interests listed above which could conflict with my duties at MKC.
Signed: ____________________________
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Date: __________________
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APPENDIX 2
REGISTRATION OF HOSPITALITY AND GIFTS PROCEDURE
20.
INTRODUCTION:
20.1
This procedure, which is referred to in the Council’s Code of Conduct, sets
out the arrangements which the Council has in place for the maintenance of
registers of hospitality and gifts offered to employees of the Council.
Employees are expected to register all offers that are received, whether or
not they are accepted.
20.2
Offers of hospitality and/or gifts must be registered as they are received. It
is not appropriate for these to be done on an annual basis.
21.
HOSPITALITY
Employees receiving hospitality
21.1
You should only accept offers of hospitality where there is a genuine need
to impart information or represent the local Council in the community.
Offers to attend purely social or sporting functions should be accepted
where the Council wishes to be represented. Offers of hospitality should be
authorised by your manager and recorded in the relevant Register of
Interests.
21.2
When hospitality has to be declined, those making the offer should be
courteously but firmly informed of the procedures and standards operating
within the Council. Hospitality that is rejected must be recorded in the
relevant Register of Interests.
21.3
When receiving authorised hospitality, you should be particularly sensitive
as to its timing in relation to decisions which the Council may be taking
affecting those providing the hospitality.
21.4
Acceptance of hospitality through attendance at relevant conferences and
courses is acceptable where it is clear the hospitality is corporate rather
than personal, offered to the Council rather than the individual employee on
a personal basis. In such cases, you should obtain the consent, in
advance, of your manager and it should be recorded in the Register of
Interests.
21.5
Where visits to inspect equipment etc. are required, you should ensure that
the Council meets the cost of such visits to avoid jeopardising the integrity
of subsequent purchasing decisions
Employees providing hospitality
21.6
Where you have to offer hospitality to visitors to Council premises, meals
should normally be taken in the dining room (or other appropriate venue),
and it is a matter for individual judgement whether only the visitors meal is
reimbursed, or whether both staff and visitors meals are reimbursed.
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21.7
Only in special circumstances should meals be provided away from Council
premises and the reason for this should be stated on the reclaim voucher.
Prior authorisation from your manager will be necessary. Heads of Service
need permission from their Strategic Director; Strategic Directors from the
Chief Executive.
22.
GIFTS
22.1
As a general rule you should not accept significant personal gifts from
clients, contractors and outside suppliers. Gifts, such as wines or spirits,
which are given to individuals must not be accepted. However, the Council
allows employees to keep insignificant items of token value such as pens,
diaries etc.
22.2
Council employees may not accept personal payments from clients,
contractors or outside suppliers.
23.
MAINTAINING THE REGISTER
23.1
The Strategic Director will maintain a record of offers of hospitality and/or
gifts and to ensure that staff in his/her Directorate is aware of these
arrangements.
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DECLARATION OF HOSPITALITY OR GIFT
Name:
_________________________
Division: _________________________
OFFER OF HOSPITALITY OR GIFT
Offered by:
Nature of hospitality/gift:
Date:
Action Taken:
Accepted: Yes/No*
* Please delete as appropriate.
I confirm the above details are an accurate record of the offer of hospitality/gift.
Signed:
Date:
Manager’s comments:
Signed:
Date:
Name:
Position:
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APPENDIX 3
THE RESPONSIBILITIES OF CHIEF OFFICERS AND HEADS OF
SERVICE ARISING FROM MILTON KEYNES COUNCIL’S CODE OF
CONDUCT FOR EMPLOYEES:
1.
The council, through its employees, is accountable to the public it serves. As
a Chief Officer or Head of Service you have a particular responsibility in
representing the council to the public. Your behaviour must, at all times,
inspire public confidence in your actions and your integrity. The Council
expects you to be able to demonstrate the highest standards of probity,
integrity and propriety in all your dealings.
2.
To assist you in this, the Council has introduced a revised Code of conduct
that sets out the standards of behaviour expected of all its employees. In
particular, it confers some direct, personal responsibilities upon senior
managers.
2.1
As a Chief Officer or a Head of Service you are a custodian of the Code. You
are expected to behave in a manner that is consistent with both the word and
the spirit of the Code. The trust that is implicit in the Code lies at the heart of
your contract of employment.
2.2
Your own conduct should demonstrate a positive commitment to the Code.
This will serve as an example to the employees under your control and will
reinforce the standards of conduct that the Code seeks to establish.
2.3
As a Chief Officer or Head of Service, you have a direct, personal
responsibility to ensure that the employees under your control understand
and meet the requirements of the Council’s Code of Conduct. Any failure by
any employee to meet the standards expected by the Code will be
investigated, and in appropriate cases could lead to disciplinary action being
taken against them.
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