> Members’ Code of Conduct
This Code applies to elected Members and voting co-opted Members of Wetherby Town City Council in all aspects of their public life. This means that the Council expects Members to follow this Code when they are conducting the work of the Council, representing the Council on any external organisation, and otherwise acting in their official capacity. The Code of Conduct does not apply to what Members do in their purely private and personal lives1.
Part One - Standards of Conduct
You must have regard to, and act in accordance with, the following standards of conduct2:
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Selflessness
You should serve only in the public interest, and should never improperly confer an advantage or disadvantage on any person, organisation or group, or any other third party.3
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Honesty and Integrity
You should not place yourself in situations where your honesty and integrity may be questioned, you should not behave improperly and should avoid the appearance of such behaviour.
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Objectivity
You must make decisions based on the information before you, having had regard to any professional advice provided to you and in accordance with your view of the public interest.
You should make decisions on merit, this includes when making appointments, awarding contracts, or recommending individuals for awards or other recognition.
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Accountability
You are accountable to the public for your decisions and actions and the manner in which you carry out your duties. You must co-operate fully and honestly with any scrutiny appropriate to your office.
You should not undertake any action which would bring the Council, your position, or the position of Members generally, into disrepute.
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Openness
You must be as open as possible about your actions and those of the authority, and should be prepared to give reasons for those actions.
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Leadership
You must promote and maintain high standards of conduct by supporting these principles by leadership and by example, and should act in a way that secures or preserves the confidence of others.
You must have due regard to the impartiality and integrity of the authority’s statutory officers and its other employees4.
Part Two – Registration and disclosure of interests
Registration of Interests
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Within 28 days of your election or co-option, you must notify the Town Clerk of any ‘disclosable pecuniary interests’ which you have at that time5.
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Where you are re-elected or re-appointed, notification is only required of any new disclosable pecuniary interests within 28 days of your election or co-option.
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You must keep your Register of Interests entry up to date by notifying the Town Clerk of any changes to your disclosable pecuniary interests within 28 days of the change occurring, or of you becoming aware of the change.
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A pecuniary interest is a ‘disclosable pecuniary interest’ in relation to you if it is of a type described in Appendix 1, and either:
- it is an interest of yourself, or
- it is an interest of -
- your spouse or civil partner,
- a person with whom you are living as husband and wife, or
- a person with whom you are living as if you are civil partners, and you are aware that that other person has the interest.
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You are also required to notify the Town Clerk of any gifts or hospitality with an estimated value of at least £506 which you receive in your role as a Wetherby Town Councillor7. You must inform the Town Clerk of any such gifts or hospitality within 28 days of receiving them so that the details can be entered into the Register of Interests.8
Sensitive interests
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If the nature of an interest is such that you and the Monitoring Officer consider that disclosure of the details of the interest could lead to you, or a person connected with you, being subject to violence or intimidation, the interest must not be included in any published version of the Register of Interests, or be entered into any copy of the register that is made available for public inspection.9 10
Disclosure of disclosable pecuniary interests at meetings
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The following provisions apply if you are present at a meeting of the authority or of any committee, sub-committee, joint committee or joint sub-committee of the authority, and you are aware that you have a disclosable pecuniary interest in a matter to be considered, or being considered, at the meeting.
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If the interest is not entered in the authority’s Register of Interests, you must disclose the interest to the meeting (unless the interest is a sensitive interest).
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If the interest is not entered in the authority’s Register of Interests and is not the subject of a pending notification, you must notify the Monitoring Officer of the interest before the end of 28 days beginning with the date of the disclosure.
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Where the interest does appear in the Register of Interests, you must bring the interest to the attention of the meeting (unless the interest is a sensitive interest).
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A pecuniary interest is a ‘disclosable pecuniary interest’ in relation to you if it is of a type described in Appendix 1, and either:
- participate, or participate further, in any discussion of the matter at the meeting,
- participate in any vote, or further vote, taken on the matter at the meeting (unless the Member has requested and been granted a relevant dispensation by the Standards and Conduct Committee), or
- remain in the room during the discussion or vote on the matter.
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Where you have a disclosable pecuniary interest in a matter to be considered at a meeting, you may attend the meeting but only for the purposes of making representations, answering questions or giving evidence relating to the matter, provided that the public are also allowed to attend the meeting for the same purpose, whether under a statutory right or otherwise. Once you have finished, or the meeting decides you have finished, you must leave the room and may not remain in the room during the discussion or vote on the matter.
Disclosure of other interests at meetings
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Where you are present at a meeting of the authority, or any committee, sub-committee, joint committee or joint sub-committee of the authority, and identify any other significant interests which you feel should be declared in the public interest, such interests may be declared to the meeting.
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In such circumstances you must consider whether your continued participation in the matter relating to your interest would be reasonable in the circumstances, particularly if the interest may give rise to a perception of a conflict of interests in the matter under discussion.
Members Disclosable Pecuniary Interests and Other Interests
Allegations of a Failure to Comply with Code of Conduct
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All complaints alleging a failure to comply with this Code will be considered in accordance with a procedure agreed by full Council.
1 When engaging in political activities such as canvassing for re-election Members are not acting in their official capacity, and for the purposes of this Code of Conduct, such political activities are considered part of a Member’s private and personal life.
2 And in accordance with any supplementary guidance or protocols agreed by the council from time to time.
3 This does not mean that Members are under any obligation to support or become involved in all requests for assistance from their constituents.
4 Members may express themselves robustly in representing their, or their constituents’ views, although where a Member engages in a sustained or systematic challenge of an employee which is unfounded or in any other way unreasonable, such conduct would fall within the scope of this code. However an unintentional remark, made in isolation, is unlikely to amount to a failure to comply with the code of conduct.
5 The Town Clerk must enter these interests into the Register of Interests, which will be made available for public inspection and published on the Leeds City Council’s website.
6 This financial limit will be maintained in line with the definition of a donation to be declared by election candidates during local authority elections in England and Wales (as set out in Schedule 2A of the Representation of the People Act 1983).
7 This does not include civic gifts or hospitality received by the Mayor of Wetherby whilst acting in this capacity. Civic gifts are to be recorded in a separate register maintained by the Town Clerk.
8 These details will be removed from the register two calendar years after they were added by the Town Clerk.
9 Instead the Register of Interests may state that the Member has an interest the detail of which are withheld under section 32(2) of the Localism Act 2011
10 If the Member is required to disclose such an interest in a meeting, the Member need not disclose the interest, but merely the fact that the Member has a disclosable pecuniary interest in the matter concerned.
25th June, 2012.
Procedure for considering complaints alleging a failure to comply with Members' Code of Conduct
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