Following Councillor Peter Chapman’s indiscretion I decided to write to Weymouth & Portland Borough Council. Please find the reply below
Dear Mr Cridland
Thank you for your email dated the 13th March 2013.
I am the Monitoring Officer at Weymouth & Portland Borough Council and it is in that capacity that I can respond as follows.
I have spoken to Councillor Chapman who, of course, has already provided a full and unconditional apology through the Dorset Echo and to this Council.
I would also like you to consider the attached Code of Conduct for Weymouth & Portland Borough Council which clearly only relates to councillors when they are performing their public duties or representing the Council when the business of the Authority is being undertaken.
For these reasons and because this was a private Facebook page I have decided that I should take no further action at this time and I will therefore bring this particular complaint to a close.
Thank you for your assistance.
Yours truly
Roger Greene
Head of Property & Litigation
and Monitoring Officer
Can I invite readers to make your own minds up:
WEYMOUTH & PORTLAND BOROUGH COUNCIL
CODE OF CONDUCT FOR COUNCILLORS
AND CO-OPTED MEMBERS 2012
Introduction
1. The Council has a duty under Section 27(1) of the Localism Act 2011 to promote and maintain high standards of conduct by its Members and co-opted Members.
2. Under Section 27(2) of the Localism Act the Council in discharging this duty must adopt a Code of Conduct dealing with the conduct that is expected of Council Members and co-opted Members when acting in that capacity (i.e. conducting the business of and representing the Council).
3. This Code was adopted by the Council on the 11th day of July 2012.
4. To comply with Section 28(1) of the Localism Act the Code must be viewed as a whole to be consistent with the principles set out in Appendix A (these include the specific seven principles set out in the Act).
5. In addition to all of the Council’s policies protocols and other procedures relating to the Conduct of Members they must also comply with the following.
6. (1) You must treat others with respect.
(2) You must not –
(a) do anything which may cause your Council to breach any of the equality enactments;
(b) bully any person;
(c) intimidate or attempt to intimidate any person who is or is likely to be –
(i) a complainant,
(ii) a witness, or
(iii) involved in the administration of any investigation or proceedings,
in relation to an allegation that a member (including yourself) has
failed to comply with his or her authority’s Code of Conduct; or
(d) do anything which compromises or is likely to compromise the impartiality of those who work for, or on behalf of, your council.
7. You must not –
(a) 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 –
(i) you have the consent of a person authorised to give it;
(ii) you are required by law to do so;
(iii) the disclosure is made to a third party for the purpose of obtaining
professional advice provided that the third party agrees not to
disclose the information to any other person; or
(iv) 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 council; or
(b) prevent another person from gaining access to information to which that person is entitled by law.
8. You must not conduct yourself in a manner which could reasonably be regarded as bringing your office or council into disrepute.
9. You –
(a) must not use or attempt to use your position as a member improperly to confer on or secure for yourself or any other person, an advantage or disadvantage; and
(b) must, when using or authorising the use by others of the resources of your council –
(i) act in accordance with your council’s reasonable requirements;
(ii) ensure that such resources are not used improperly for political purposes (including party political purposes); and
10. (1) When reaching decisions on any matter you must have regard to any
relevant advice provided to you by –
(a) your council’s chief finance officer; or
(b) your council’s monitoring officer,
whether that officer is acting pursuant to his or her statutory duties.
(2) You must give reasons for all decisions in accordance with any statutory requirements and any reasonable additional requirements imposed by your authority.
11. The Council’s Monitoring Officer is required under Section 29 of the Localism Act to establish and monitor a register of members interests. Members must notify the Monitoring Officer of the following interests to be entered in the Council’s Register. (see Appendix D)
12. Disclosable Pecuniary Interests – This is an interest prescribed in Regulations made by the Secretary of State under Section 30(3) of the Localism Act and set out in Appendix B.
13. Disclosable interests other than Pecuniary Interests and Hospitality & Gifts – Detailed information about these interests must be disclosed and are set out in Appendix C.
14. Any complaint received by the Monitoring Officer alleging misconduct by a Member under the Code will be considered by the Council’s Standards Committee in accordance with arrangements under Section 28(6) of the Localism Act.
15. This Code will be kept under review by the Standards Committee of this Council which will make recommendations to the Council for any revisions to the Code as it considers necessary from time to time.
APPENDIX A
THE 10 GENERAL PRINCIPLES OF PUBLIC LIFE
Selflessness
1. Members should serve only the public interest and should never improperly confer an advantage or disadvantage on any person.
Honest and Integrity
2. Members should not place themselves in situations where their honesty and integrity may be questioned, should not behave improperly, and should on all occasions avoid the appearance of such behaviour.
Objectivity
3. Members should make decisions on merit, including when making appointments awarding contracts, or recommending individuals for rewards or benefits.
Accountability
4. Members should be accountable to the public for their actions and the manner in which they carry out their responsibilities, and should co-operate fully and honestly with any scrutiny appropriate to their particular office.
Openness
5. Members should be as open as possible about their actions and those of their Authority, and should be prepared to give reasons for those actions.
Personal Judgement
6. Members may take account of the views of others, including their political groups, but should reach their own conclusions on the issues before them and act in accordance with those conclusions.
Respect for Others
7. Members should promote equality by not discriminating unlawfully against any person, and by treating people with respect, regardless of their race, age, religion, gender, sexual orientation or disability. They should respect the impartiality and integrity of the Authority’s statutory officers, and its other employees.
Duty to Uphold the Law
8. Members should uphold the law and, on all occasions, act in accordance with the trust that the public is entitled to place in them.
Stewardship
9. Members should do whatever they are able to do to ensure that their authorities use their resources prudently and in accordance with the law.
Leadership
10. Members should promote and support these principles by leadership and by example, and should always act in a way that secures or preserves public confidence.
APPENDIX B
DISCLOSURE BY MEMBERS OF PECUNIARY INTERESTS
THE RELEVANT AUTHORITIES (DISCLOSABLE PECUNIARY INTERESTS) REGULATIONS 2012
1. In these regulations –
“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” excludes 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(b) and other securities of any description, other than money deposited with a building society.
Specified pecuniary interests
2. The pecuniary interests which are specified for the purposes of section 30(3) of the Localism Act 2011 are the interests specified in the Schedule to these Regulations.
SCHEDULE Regulation
Subject Prescribed description
Employment, office, trade, Any employment, office, trade, profession or
or vocation vocation carried on for profit or gain
Sponsorship Any payment or provision of any other financial benefit (other than from the relevant authority) made or provided within the relevant period in respect of any expenses incurred by M in carrying out duties as a member, or towards the election expenses of M.
This includes any payment of financial benefit from a trade union within the meaning of the Trade Union and Labour Relations (Consolidation) Act 1992 (a).
Contracts Any contract which is made between the relevant person (or a body in which the relevant person has a beneficial interest) and the relevant authority–
(a) under which goods or services are to be
provided or works are to be executed; and
(b) which has not been fully discharged.
Land Any beneficial interest in land which is within the area of the relevant authority.
Licences Any licence (alone or jointly with others) to occupy land in the area of the relevant authority for a month or longer.
Corporate tenancies Any tenancy where (to M’s knowledge)–
(a) the landlord is the relevant authority; and
(b) the tenant is a body in which the relevant person has a beneficial interest.
Securities Any beneficial interest in securities of a body where-
(a) that body (to M’s knowledge) has a place of business or land in the area of the relevant authority; and
(b) either-
(i) the total nominal value of the securities
exceeds £25,000 or one hundredth of the total issued share capital of that body; or
(ii) if the share capital of that body is of more
than one class, the total nominal value of the shares of any one class in which the relevant person has a beneficial interest exceeds one hundredth of the total issued share capital of that class
APPENDIX C
DISCLOSURE BY MEMBERS OF OTHER INTERESTS, HOSPITALITY & GIFTS, POSITIONS OF CONTROL OR MANAGEMENT
The Member shall declare membership of or hold position of general control or management in the following bodies:
(i) Bodies to which they have been appointed as a representative of Weymouth & Portland Borough Council / …………………… Town Council:
(ii) Public authorities or bodies exercising functions of a public nature:
(iii) Companies, industrial and provident societies, charities or bodies directed to charitable purposes:
(iv) Bodies whose principal purposes include the influence of public opinion or policy:
(v) Trade unions or professional associations:
DECLARATION OF GIFTS & HOSPITALITY
The Member must reveal the name of any person or organisation from whom they have received a gift or hospitality with an estimated value of at least £50 which they have received in their capacity as a member of the Local Authority.
The Details required are:
Date / Receipt of Gift / Hospitality
Name of Donor
Reason and Nature of Gift / Hospitality
APPENDIX D
DISCLOSURE OF INTERESTS AND REGISTRATION OF MEMBERS INTERESTS
Disclosure of interests
If you as a member or co-opted member of the Borough Council are present at a meeting of the full Borough Council, any Committee, Sub Committee, Joint Committee or the Management Committee and have a disclosable pecuniary interest in any matter to be considered you must:-
· If the interest is not entered in the Borough Council’s register, disclose the interest to the meeting (subject to the provisions on sensitive interests below).
· If the interest is not entered in the Borough Council’s register and is not the subject of a notification already made to the Monitoring Officer, you must notify the Monitoring Officer of the interest before the end of 28 days beginning with the date of the disclosure.
· You may not participate in any discussion of the matter at the meeting or participate in any vote taken on the matter at the meeting (unless you have obtained a dispensation).
· The Borough Council is adopting a procedure rule (Standing Order) to provide for the exclusion of a member or co-opted member from a meeting while any discussion or vote takes place in which you may not participate.
In accordance with the Localism Act 2011, an offence is committed if without reasonable excuse you fail to comply with any of the obligations regarding members’ interests. An offence is also committed if you provide information that is false or misleading (knowingly or recklessly as to whether the information is true). The offence can be prosecuted by or on behalf of the DPP and can attract, if there is a conviction, a fine not exceeding level 5 on the standard scale.
Registration of members’ interests
(1) The Monitoring Officer must establish and maintain a register of interests of members and co-opted members of the Borough Council. This will be made available for inspection at all reasonable hours and be published on the website. A member or co-opted member of the Borough Council must, before the end of 28 days from the day they become a member, notify the Monitoring Officer of any disclosable pecuniary interests existing at that time. You, as a member, have a disclosable pecuniary interest if it is of a description specified in the Regulations and is either:-
- Your interest or an interest of:-
o Your spouse or civil partner;
o A person with whom you are living as husband and wife; or
o A person with whom you are living as if you are civil partners and you are aware of that other person’s interest.
(2) You as a member have a disclosable non-pecuniary interest if it is of a description specified in Appendix C.
(3) You are required to provide notice in writing (this will include an e-mail) to the Monitoring Officer who will acknowledge receipt in writing and confirm that the interest is being entered into the register.
Sensitive interests
Where a member or co-opted member of the Borough Council has an interest (whether or not it is a disclosable pecuniary interest) and the nature of the interest is such that the member and the Monitoring Officer consider the disclosure could lead to the member or a person connected with the member being subject to violence or intimidation, special rules apply to registration of the interest. The elements of the register of interests that are in the public domain must not include details of the interest but will instead refer to the details being withheld in accordance with section 32 of the Localism Act and if there is a need to disclose the interest at a meeting, the disclosure is limited to a statement that the member has a disclosable pecuniary interest, but without further details being given.
WEYMOUTH & PORTLAND
BOROUGH COUNCIL
CODE OF CONDUCT FOR COUNCILLORS
AND CO-OPTED MEMBERS 2012
Jason Cridland
