Council Constitution 12 Part 5 - Members' Code of Conduct

1 - Scope

1. This Code applies to all members of Southampton City Council, including co-opted voting members,
2. It is your responsibility to comply with the provisions of this Code.
3. You must comply with this Code whenever you –
   1. conduct the business of your authority, or
   2. act, claim to act or give the impression you are acting as a representative of your authority or in your official capacity as a member of the authority.
4. Where you act as a representative of your authority –
   1. on another relevant authority, you must, when acting for that other authority, comply with that other authority’s Code of conduct: or
   2. on any other body, you must, when acting for that other body, comply with your authority’s Code of conduct, except and insofar as it conflicts with any other lawful obligations to which that other body may be subject.

2 - General Obligations

1. When acting in your role as a member of the authority –
   1. do treat others with respect;
   2. do not conduct yourself in a manner which is contrary to the Council’s duty to promote and maintain high standards of conduct of members;
   3. do ensure that you are aware of and comply with the requirements which the Bribery Act 2010 places on you in your role as a Member and on the Council as a whole;
   4. do not disclose information given to you in confidence by anyone, or information acquired by you which you believe, or ought reasonably to be aware, is of a confidential nature, except where—
      1. you have the consent of a person authorised to give it;
      2. you are required by law to do so;
      3. 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
      4. the disclosure is- (aa) reasonable and in the public interest; and (bb) made in good faith and in compliance with the reasonable requirements of the authority; and (cc) you have consulted the Monitoring Officer prior to its release.
   5. do not prevent another person from gaining access to information to which that person is entitled by law;
2. When using or authorising the use by others of the resources of the authority -
   1. do act in accordance with the authority’s reasonable requirements including the requirements of the authority’s ITC policy and the policies listed at Appendix 2, copies of which have been provided to you and which you are deemed to have read;
   2. do make sure that such resources are not used improperly for political purposes (including party political purposes): and
   3. do have regard to any applicable Local Authority Code of Publicity made under the Local Government Act 1986.

3 - Notification of disclosable pecuniary interests

1. Within 28 days of becoming a member or co-opted member, you must notify the Monitoring Officer of any ‘disclosable pecuniary interests’.
2. A ‘disclosable pecuniary interest’ is an interest of yourself or your partner (which means spouse or civil partner, a person with whom you are living as husband or wife, or a person with whom you are living as if you are civil partners) within the description at Appendix 2.

4 - Register of Interests

Any interests notified to the Monitoring Officer will be included in the register of interests. A copy of the register will be available for public inspection and will be published on the authority’s website.

5 - Sensitive interests

Where you consider that disclosure of the details of a disclosable pecuniary interest could lead to you, or a person connected with you, being subject to violence or intimidation, and the Monitoring Officer agrees, if the interest is entered on the register, copies of the register that are made available for inspection and any published version of the register will exclude details of the interest, but may state that you have a disclosable pecuniary interest, the details of which are withheld under Section 32(2) of the Localism Act 2011

6 - Non participation in case of disclosable pecuniary interest

1. If you are present at a meeting of the authority, or any committee, sub-committee, joint committee or joint sub-committee of the authority, and you have a disclosable pecuniary interest in any matter to be considered or being considered at the meeting-
   1. you may  not participate in any discussion of the matter at the meeting.
   2. you may not participate in any vote taken on the matter at the meeting.
   3. if the interest is not registered, you must disclose the interest to the meeting.
   4. if the interest is not registered and is not the subject of a pending notification, you must notify the Monitoring Officer of the interest within 28 days.
2. In addition, Council Procedure Rules and Executive Procedure Rules require you to leave the room where the meeting is held while any discussion or voting takes place.
3. Where an executive member may discharge a function alone and becomes aware of a disclosable pecuniary interest in a matter being dealt with or to be dealt with by her/him, the executive member -
   1. must notify the Monitoring Officer of the interest; and
   2. must not take any steps or further steps in the matter.
4. Where you have a disclosable pecuniary interest in any business of your authority, you may attend that meeting but only for the purpose of making representations, answering questions or giving evidence relating to the business, provided that the public are also allowed to attend the meeting for the same purpose, whether under a statutory right or otherwise and you leave the room where the meeting is held immediately after making representations, answering questions or giving evidence.

7 - Dispensations

The authority may grant you a dispensation, but only in limited circumstances, to enable you to participate and vote on a matter in which you have a disclosable pecuniary interest.

8 - Offences

1. It is a criminal offence to-
   1. fail to notify the Monitoring Officer of any disclosable pecuniary interest within 28 days of election;
   2. fail to disclose a disclosable pecuniary interest at a meeting if it is not on the register;
   3. fail to notify the Monitoring Officer within 28 days of a disclosable pecuniary interest that is not on the register that you have disclosed to a meeting;
   4. Participate in any discussion or vote on a matter in which you have a disclosable pecuniary interest;
   5. As an executive member discharging a function acting alone, and having a disclosable pecuniary interest in such a matter, failing to notify the Monitoring Officer within 28 days of the interest;
   6. Knowingly or recklessly providing information that is false or misleading in notifying the Monitoring Officer of a disclosable pecuniary interest or in disclosing such interest to a meeting;
2. The criminal penalties available to a court are to impose a fine not exceeding level 5 on the standard scale and disqualification from being a councillor for up to 5 years.

9 - Notification of other interests

1. In addition to the disclosable pecuniary interests notifiable under the Localism Act 2011, you must, within 28 days of—
   
   1. this Code being adopted by or applied to your authority; or
   2. your election or appointment to office (where that is later),
   notify the Monitoring Officer in writing of the details of your other personal interests, where they fall within the following descriptions, for inclusion in the register of interests.
2. You have a personal interest in any business of your authority where either—
   1. it relates to or is likely to affect—
      i. any body of which you are a member or in a position of general control or management and to which you are appointed or nominated by your authority;
      ii. any body—
      aa. exercising functions of a public nature;
      bb. directed to charitable purposes; or
      cc. one of whose principal purposes includes the influence of public opinion or policy (including any political party or trade union), of which you are a member or in a position of general control or management;
3. You must, within 28 days of becoming aware of any new interest or change to any interest registered under paragraph (1), or as a disclosable pecuniary interest notify the Monitoring Officer of the details of that new interest or change

10 - Disclosure of other interests

1. Subject to sub-paragraphs (2) to (5) below, where you have a personal interest described in paragraph 9 above or in paragraph (2) below in any business of your
   authority, and where you are aware or ought reasonably to be aware of the existence of the personal interest, and you attend a meeting of your authority at which the business is considered, you must-
   
   1. disclose to that meeting the existence and nature of that interest at the commencement of that consideration, or when the interest becomes apparent.
2. (A) You have a personal interest in any business of your authority where a decision in relation to that business might reasonably be regarded as affecting your well-being or financial position or the well-being or financial position of a relevant person to a greater extent than the majority of other council tax payers, ratepayers or inhabitants of the electoral division or ward, as the case may be, affected by the decision;
   
   (B) In sub-paragraph (2)(A), a relevant person is—
   1. a member of your family or any person with whom you have a close association; or
   2. any person or body who employs or has appointed such persons, any firm in which they are a partner, or any company of which they are directors;
   3. any person or body in whom such persons have a beneficial interest in a class of securities exceeding the nominal value of £25,000; or
   4. any body of a type described in paragraph 9(2)(a)(i) or (ii).
3. Where you have a personal interest in any business of your authority which relates to or is likely to affect a person described in paragraph 9(2)(a)(i) or 9(2)(a)(ii)(aa), you need only disclose to the meeting the existence and nature of that interest when you address the meeting on that business.
4. Where you have a personal interest but, by virtue of paragraph 12, sensitive information relating to it is not registered in your authority’s register of members’ interests, you must indicate to the meeting that you have a personal interest, but need not disclose the sensitive information to the meeting.
5. Where you have a personal interest in any business of your authority and you have made an executive decision in relation to that business, you must ensure that any written statement of that decision records the existence and nature of that interest.

11 - Register of interests

A Member shall enter in the authority’s register of interests the receipt of any gift or hospitality, where the Member estimates the value to be at least £50, within 28 days of receipt.

Any interests notified to the Monitoring Officer will be included in the register of interests. A copy of the register will be available for public inspection and will be published on the authority’s website.

12 - Sensitive interests

Where you consider that disclosure of the details an interest could lead to you, or a person connected with you, being subject to violence or intimidation, and the Monitoring Officer agrees, if the interest is entered on the register, copies of the register that are made available for inspection and any published version of the register will exclude details of the interest, but may state that you have an interest, the details of which are withheld.

13 - Non participation in case of pecuniary interest

1. Where you have a personal interest in any business of your authority you also have a pecuniary interest in that business where the interest is one which a member of the public with knowledge of the relevant facts would reasonably regard as so significant that it is likely to prejudice your judgement of the public interest and where that business—
   1. affects your financial position or the financial position of a person or body described in paragraph 10 ;or
   2. relates to the determining of any approval, consent, licence, permission or registration in relation to you or any person or body described in paragraph 10.
2. Subject to paragraph (4) and (5) below, where you have a pecuniary interest in any business of your authority—
   1. You may not participate in any discussion of the matter at the meeting.
   2. You may not participate in any vote taken on the matter at the meeting.
   3. If the interest is not registered, you must disclose the interest to the meeting.
   4. If the interest is not registered and is not the subject of a pending notification, you must notify the Monitoring Officer of the interest within 28 days.
3. In addition Council Procedure Rules and Executive Procedure Rules require you to leave the room where the meeting is held while any discussion or voting takes place.
4. Where you have a pecuniary interest in any business of your authority, you may attend a meeting but only for the purpose of making representations, answering questions or giving evidence relating to the business, provided that the public are also allowed to attend the meeting for the same purpose, whether under a statutory right or otherwise and you leave the room where the meeting is held immediately after making representations, answering questions or giving evidence.
5. Subject to you disclosing the interest at the meeting, you may attend a meeting and vote on a matter where you have a pecuniary interest that relates to the functions of your authority in respect of—
   1. housing, where you are a tenant of your authority provided that those functions do not relate particularly to your tenancy or lease;
   2. school meals or school transport and travelling expenses, where you are a parent or guardian of a child in full time education, or are a parent governor of a school, unless it relates particularly to the school which the child attends;
   3. statutory sick pay under Part XI of the Social Security Contributions and Benefits Act 1992, where you are in receipt of, or are entitled to the receipt of, such pay;
   4. an allowance, payment or indemnity given to members;
   5. any ceremonial honour given to members; and
   6. setting council tax or a precept under the Local Government Finance Act 1992.
6. Where, as an executive member, you may discharge a function alone, and you become aware of a pecuniary interest in a matter being dealt with, or to be dealt with by you, you must notify the Monitoring Officer of the interest and must not take any steps or further steps in the matter, or seek improperly to influence a decision about the matter.

14 - Interests arising in relation to overview and scrutiny committees

1. In any business before an overview and scrutiny committee of your authority (or of a sub-committee of such a committee) where—
   1. that business relates to a decision made (whether implemented or not) or action taken by the executive or another of your authority’s committees, subcommittees, joint committees or joint sub-committees; and
   2. at the time the decision was made or action was taken, you were a member of the executive, committee, sub-committee, joint committee or joint subcommittee mentioned in paragraph (a) and you were present when that decision was made or action was taken,
   You may only attend a meeting of the overview and scrutiny committee for the purpose of answering questions or giving evidence relating to the business, and you must leave the room where the meeting is held immediately after making representations, answering questions or giving evidence.

15 - Pre-determination or bias

1. Where you have been involved in campaigning in your political role on an issue which does not impact on your personal and/or professional life you should not be prohibited from participating in a decision in your political role as member, however do not place yourself under any financial or other obligation to outside individuals or
   organisations that might seek to influence you in the performance of your official duties.
2. When making a decision, do consider the matter with an open mind and on the facts before the meeting at which the decision is to be taken.

16 - Compliance with Constitution, Rules, Standards and Guidance

Failure to comply with the requirements of the Council’s Constitution or any Rule, Protocol, Corporate Standards or Guidance issued pursuant to the Constitution shall be deemed to be a breach of this Code. Rules, Protocols, Corporate Standards and Guidance shall include (but is not limited to) the documents listed in Appendix 3.

Appendix 1: Nolan Principles - The Seven Principles of Public Life

Selflessness

Holders of public office should act solely in terms of the public interest. They should not do so in order to gain financial or other benefits for themselves, their family or their friends.

Integrity

Holders of public office should not place themselves under any financial or other obligation to outside individuals or organisations that might seek to influence them in the performance of their official duties.

Objectivity

In carrying out public business, including making public appointments, awarding contracts, or recommending individuals for rewards and benefits, holders of public office should make choices on merit.

Accountability

Holders of public office are accountable for their decisions and actions to the public and must submit themselves to whatever scrutiny is appropriate to their office.

Openness

Holders of public office should be as open as possible about all the decisions and actions that they take. They should give reasons for their decisions and restrict information only when the wider public interest clearly demands it.

Honesty

Holders of public office have a duty to declare any private interests relating to their public duties and to take steps to resolve any conflicts arising in a way that protects the public interest.

Leadership

Holders of public office should promote and support these principles by leadership and example.

Appendix 2 - Disclosable Pecuniary Interests Under The Localism Act 2011

These descriptions on interests are subject to the following definitions:

“the Act” means the Localism Act 2011;

“body in which the relevant person has a beneficial interest” means a firm in which the relevant person is a partner or a body corporate of which the relevant person is a director, or in the securities of which the relevant person has a beneficial interest;

“director” includes a member of the committee of management of an industrial and provident society; “land” includes an easement, servitude, interest or right in or over land which does not carry with it a right for the relevant person (alone or jointly with another) to occupy the land or to receive income;

“M” means the person M referred to in section 30 of the Act;

“member” includes a co-opted member;

“relevant authority” means the authority of which M is a member;

“relevant period” means the period of 12 months ending with the day on which M gives a notification for the purposes of section 30(1) of the Act;

“relevant person” means M or any other person referred to in section 30(3)(b) of the Act;

“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.

Appendix 3 - Rules. protocols, standards and guidance

• The Southampton City Council Constitution (all parts)
• Corporate Standards for:
  • Decision Making
  • Legality
  • Finance
  • HR
  • IT
  • Procurement
  • Property
• Obligations of Members on Outside Bodies
• Probity in Planning
• Licensing Handbook
• Guidance on Use of Resources
• Health & Safety Roles and Responsibilities for Elected Members
• Officer Member Protocol
• Anti-Fraud and Anti-Corruption Policy and Strategy
• Duty to Act Policy
• Code of Corporate Governance
• Equality Scheme
• Dignity at Work Policy
• Data Protection Policy
• Anti-Money Laundering Policy
• Partnership Code
• Guidance on the Use of Electronic Devices
•  Code on Local Authority Publicity