Code & Constitution - South Somerset District Council - 2011 1 Code & Constitution Ian Clarke...

Code & Constitution - South Somerset District Council - 2011

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Code & Constitution

Ian Clarke

Assistant Director – Legal & Corporate Services


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Part 1Code of ConductPart 2Constitution

Code of Conduct for Members – still applies!


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When does the code apply?

Official capacity What about any conduct in your private

capacity?


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Obligations under the Code

You must treat others with respect– Officers & the public– Other members

You must not do anything which may cause the council to breach any equality laws


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You must not bully any person– Includes other councillors, officers and members

of the public You must not intimidate persons involved in the

administration, investigation or proceedings in relation to code of conduct matters

You must not compromise or attempt to compromise the impartiality of officers or others working for the council


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You must not disclose confidential information unless– You have consent or are required by law– Disclosure is made to third party to obtain

professional advice– Disclosure reasonable – in the public interest –made

in good faith – does not breach any reasonable requirements of the authority


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You must not prevent anyone getting information that they are entitled to by law

You must not bring your office or authority into disrepute whilst acting in an official capacity

You must not use your position improperly to the advantage or disadvantage of yourself or anyone else


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You must only use the resources of the council in accordance with its requirements and for proper purposes

You must have regard to the advice of the Monitoring Officer and Chief Finance Officer

You must give reasons for all decisions


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Anything to declare?

Personal Interests – 2 types– Registered– Where the well-being or financial position of you or

“relevant persons” is likely to be affected by the business of your council more than it would affect the majority of people living in the ward affected by the decision


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If you have a personal interest– You must declare the existence and nature of it as

soon as possible unless an exemption applies– Where a public body exemption applies, you only

need to make a declaration if and when you intend to speak on the issue


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Sensitive information – you must disclose that you have an interest but do not need to disclose the sensitive information

Gifts and hospitality – did not previously amount to a personal interest under the old code


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Prejudicial interests – ask yourself– Is there a personal interest?– If so, does it fall within one of the exempt

categories?– If not, does it relate to the financial position of the

interest or relate to deciding a regulatory matter?– If so, what is the result of applying the general test?


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Prejudicial Interests – General Test:-– Is the personal interest one which a member of the

public who knows all the relevant facts, would reasonably think is so significant that it would likely prejudice your judgment of the public interest.

– If answer is “yes”, then prejudicial interest exists.


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Prejudicial interest exists, at the meeting you can:– Attend but only to make representations, answer

questions or give evidence, if the public can do so for the same purpose

– Seek a dispensation from our Standards Committee to participate fully


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Prejudicial interest exists, you can also:– Make written representations in your private

capacity– Use a professional representative to act on your

behalf– Get another member to represent the views of your

constituents


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Prejudicial interest exists, you must not:– Stay in the room when the matter is being discussed

after having made your representations– Exercise executive functions in relation to that

matter– Seek to improperly influence a decision about that

business


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Prejudicial interests – overview & scrutiny– Is the O&S about a decision you were involved in

(you were there at the meeting – it doesn’t matter how you voted)?

– Was the decision made at DX, Committee or sub committee?

– If answer is “yes” then would have a prejudicial interest at O&S committee


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And Finally….

If you are not sure, please seek advice as soon as you are aware there may be an issue from:– Democratic Services Officers– Me! …..it is part of my job.

And/or refer to :– The Standards for England Code of Conduct

Guide for Members or Pocket Guide


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And Finally Finally….

THE DECISION IS YOURS!

ANY QUESTIONS?


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Part 2 - Constitution


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Articles of the Constitution

16 Articles Article 1 Articles 2-16 Article 13


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Responsibility for Functions

Sets out who in the council has the power to do what how and when and what limits apply.

Covers both member side and officer


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Rules of Procedure

Known as Standing Orders Includes Procurement Procedure Rules Overview & Scrutiny HR Management Rules Financial Procedure Rules


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Codes and Protocols

Members Code of Conduct Code of Practice for Planning Code of Practice for Licensing Protocol on Member/Officer Relations Members gifts and hospitality


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Members Allowances Scheme

As it says on the tin!


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Petition Scheme

Formal means by which residents can require a council debate or consideration of an issue

8000 signatures 4000 signatures Optional

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