This Code sets out the minimum standards of conduct that employees will be expected to observe when carrying out their duties. The Code is there to protect you in the event that your actions are subject to challenge.
Key points
- The Code aims to ensure that confidence in the integrity of Local Government employees is maintained at all times
- The Code forms part of your contract of employment and must be followed – deliberate breach of this code will be viewed as a serious disciplinary matter.
- The Code must be read in conjunction with the Anti-Fraud & Corruption Policy, Confidential Reporting ("Whistleblowing”) Policy, Financial Regulations, and Contract Standing Orders, the Scheme of Delegations, and with any other more detailed County Council/Departmental operational instructions/guidelines.
- All potential conflicts of interest must be declared before the activity commences or the issue arises.
1. Introduction
1.1 This policy applies to all County Council employees with the exception of teaching and support staff employed directly by schools.
1.2 Please take time to read this Code, and make sure that you understand it. If you are unclear, or want to know something specific, talk to your manager or Personnel.
1.3 It is important that you understand that a breach of the Code can lead to disciplinary action, and even dismissal depending on the severity of the breach. Ignorance of the guidelines in the Code will not be seen as a valid excuse.
2. Standards
2.1 You are expected to give the highest possible standard of service to members of the public observing the standards of conduct which the law, the Council's Standing Orders and Financial regulations, Conditions of Service, this Code and any Departmental rules require.
2.2 In performing your duties, you must act with integrity, honesty, without bias, and objectively.
2.3 You are expected, through agreed procedures and without fear of recrimination, to bring to the attention of your immediate supervisor any impropriety or breach of procedure. If, for any reason, you do not feel it appropriate to express your concerns to your immediate supervisor, you should inform one of the officers, or bodies listed in the Confidential Reporting ("Whistleblowing") Policy.
3. Political neutrality
3.1 You serve the County Council as a whole. It follows you must serve all County Councillors and not just those of the majority group, and you must ensure that the individual rights of all County Councillors are respected.*
3.2 You must not be involved in advising any political group of the County Council or attend any of their meetings in an official capacity without the express consent of your Chief Officer.*
3.3 You must follow every lawful expressed policy of the County Council and must not allow your own personal or political opinions to interfere with your work.*
3.4 As an employee of the County Council you are not eligible to stand for office as an elected member of the County Council. In addition, officers holding politically restricted posts are prohibited from political activity as defined in the Housing and Local Government Act 1989. Advice on this can be obtained from the Assistant Director, Legal and Democratic Services.
3.5 If your duties bring you into contact with County Councillors, you should be aware of that guidance on relationships with Councillors is contained within the Code on Member/Employee Relationships.
* Political Assistants appointed on fixed term contracts in accordance with the Local Government & Housing Act 1989 are exempt from these conditions.
4. Use of financial resources
4.1 You must ensure that you use public funds entrusted to you in a responsible and lawful manner, and in accordance with the County Council's Financial Regulations, and all other relevant County Council Policies.
5. Outside commitments
5.1 Regardless of grade, whether whole or part-time, permanent, temporary, relief or seasonal, you must seek the permission of, and make a written declaration (an oral declaration is not sufficient) to the appropriate Assistant Director before engaging in any other work or business (*) which might relate in any way at all to your duties within the County Council. This includes paid or unpaid work, and will include one off pieces of work as well as regular employment.
5.2 Staff above Scale 6 (spinal column point 28 and above) are specifically required to declare to, and obtain consent from the appropriate Assistant Director, if they wish to engage in any other business (*), or take up any additional appointment regardless of whether there is any conflict of interest anticipated.
5.3 You must declare in writing to the appropriate Assistant Director any relatives or partners, or friends who are engaged in a business (*), which either currently provides services to the County Council or may do so in the future. This is in order to minimise the risk of suspicion that some influence may be exerted over a particular customer as to the choice of provider, or that the provider gained advantage in terms of information received.
5.4 You must not work privately for personal gain for a customer for whom you have a service provision role within the County Council. This includes customers to whom an employee may not personally be giving a service but does receive a service from the County Council.
5.5 If you are permitted to engage in any other business or take up any additional employment, you must not use County Council facilities in connection with it.
5.6 You must not undertake any work in connection with your additional employment in County Council time, and use of facilities, such as computers, for outside work is not allowed.
5.7 If you have any doubt whatsoever you should make a declaration, so that the County Council can make the judgement.
(*) - "engage in any other business” includes roles such as company directorships, company secretaries and so on.
6. Personal interests
6.1 Your off-duty hours are your own personal concern. However, you must not put yourself in a position where your job and personal interests conflict.
6.2 You must declare in writing any financial or non-financial interests that could in any way be considered to bring about conflict with the County Council's interests. If you have any doubt whatsoever you should make a declaration, so that the County Council can make the judgement.
6.3 You are required to disclose any personal interest that may conflict with the County Council's interests i.e. involvement with an organisation, which may seek to influence the County Council's policies
6.4 You must declare in writing any membership of secret societies. The definition of a secret society is:
"A lodge, chapter, society, trust or regular gathering or meeting, which:
a) is not open to members of the public who are not members of that lodge, chapter, society or trust;
b) includes, as a requirement of the grant of membership, an obligation on the part of the member to make a commitment (whether by oath or otherwise) of allegiance to the lodge, chapter, society, gathering or meeting and;
c) includes, whether initially or subsequently, a commitment (whether by oath or otherwise) of secrecy about the rules, membership or conduct of the lodge, chapter, trust, gathering or meeting.”
6.5 A lodge, chapter, trust, gathering or meeting as defined above, should not be recognised as a secret society if it forms part of the activity of a general recognised religion.
7. Disclosure of information and confidentiality
7.1 It is generally accepted that open government is best. The law requires that, certain types of information must be made available to members, auditors, government departments, service users, and the public. In particular, the Freedom of Information Act 2000 gives a legal right of access to information held by the County Council, subject to certain exemptions. You must ensure that you are aware of the County Council's Freedom of Information Policy, and guidance for staff issued in relation to this.
7.2 No confidential information, politically or commercially sensitive information, or personal information protected by the Data Protection Act should be released to anyone, including County Councillors, without [proper authorisation]. If you are in any doubt about disclosing information then you are expected to seek guidance from [your manager]. A disclosure which complies with the requirements of the Confidential Reporting ("Whistleblowing") Policy will be regarded as an authorised disclosure.
7.3 Confidential Committee papers must not be released without the consent of the Assistant Director, Legal and Democratic Services.
7.4 You must not use any information obtained in the course of your employment for personal gain nor pass it on to others who might use it in such a way. Any information which you might receive from a County Councillor relating to his/her personal/private affairs and which does not belong to the County Council should not be divulged without the prior approval of that County Councillor, except where such disclosure is required or sanctioned by law.
8. Appointment and other employment matters
8.1 You must not be involved in the appointment, or any other decisions relating to the discipline, promotion or pay or conditions of another employee, or prospective employee, who is a relative, partner or friend.
8.2 If you are responsible for appointing employees, you must ensure that decisions are based on merit and not on anything other than their ability to do the job. (link to the recruitment policy here). Similarly, you must not canvass on behalf of any applicant.
9. Sponsorship
9.1 When an outside organisation wishes to sponsor or is being asked to sponsor a County Council activity, the basic conventions concerning the acceptance of gifts and hospitality apply. East Sussex County Council Corporate Sponsorship Policy.
10. Relationships
Contractors
10.1 You must declare in writing to the appropriate Assistant Director any relationships of a business or private nature with any outside organisation that has a relationship with the County Council. Orders and contracts must be awarded on merit and no special favour should be shown to any businesses, particularly those you have an interest in. If you have such an interest you must not be involved in any way in awarding work or orders. Similarly, you must not canvass on behalf of any outside organisation that has a relationship with the County Council.
10.2 You must declare in writing to the appropriate Assistant Director, if you become aware that the County Council is entering a contract in which you have a direct interest.
10.3 If you engage or supervise or work with contractors and have previously had or currently have some form of connection in a private, social, domestic or work/professional capacity, you must declare that relationship.
Contract Tenders
10.4 If you wish to tender for a contract from the County Council, you must declare such an intention to the appropriate Assistant Director, as soon as intent has been formed, and at the earliest possible opportunity.
Foster Carers
10.5 If you act as a foster carer for the County Council or any other agency you must declare this intention in writing as a conflict of interest.
The Press and Media
10.6 You must not deal direct with the press or the media unless required to do so as part of your duties, or you have been expressly authorised by an appropriate manager.
The Local Community and Service Users
10.7 You must always remember your responsibilities to the community which you serve and ensure courteous, and efficient and impartial service delivery to all groups and individuals within that community as defined by the policies of the County Council.
11. Can I accept hospitality, gifts, bequests and legacies?
11.1 It is a serious criminal offence for you corruptly to receive or give any gift, loan, fee, reward, or advantage for doing or not doing anything or showing favour or disfavour to any person in your official capacity. If an allegation is made it is for you to demonstrate that any such rewards have not been corruptly obtained. Anti Fraud and Corruption Policy
11.2 You must not, either directly or indirectly, accept any gift, reward or benefit from any member of the public or any organisation with whom you are brought into contact by reason of your duties, other than:
- small gifts of a modest value or of a promotional or advertising nature, e.g. calendars, diaries, mugs, inexpensive pens or other similar items;
- small gifts offered during official authorised hospitality, e.g. gifts on the conclusion of any courtesy visit of a type normally given by that organisation;
- small gifts by service users or clients. Where appropriate, such gifts shall be shared between teams.
Any other gifts must be declined or returned.
11.3 You should exercise discretion in offering and accepting hospitality. You should bear in mind how it might affect your relations with the party offering it and how it might be viewed by County Councillors, other potential suppliers/contractors, the public and other officers. When considering offers of hospitality you should consider whether:
- the invitation comes from an organisation likely to benefit from the County Council;
- the organisation is seeking a contract with the County Council, or one has already been awarded;
- the visit is genuinely instructive or constitutes more of a social function;
- the scale and location of the hospitality is relative to the event;
- the event takes place outside of normal working hours;
- it is being offered on a frequent basis;
- it is being offered just to you or others as well;
- the hospitality is purely a social or sporting event as opposed to an event which you are attending in an official capacity.
11.4 You should handle the refusal of gifts or hospitality with tact and courtesy (the intentions of those offering gifts or hospitality may not have been corrupt but simply inappropriate to professional relationships in the public sector).
11.5 The same rules as above apply to bequests which must be refused unless of a token nature or unless there are special circumstances approved in writing by your Chief Officer in consultation with the Assistant Director, Legal and Democratic Services.
11.6 In all instances where you wish to accept hospitality, you must seek the approval in advance in writing from the appropriate Assistant Director, except either where the hospitality is that of a minimum common courtesy, or where the hospitality is being offered to all the delegates and forms an integral part of a conference or seminar.
11.7 All gifts, and offers of gifts (including inducements such as air miles, trading discounts, vouchers), or offers of hospitality (except where approval is not required under 11.6 above), even those that have been declined, over the value of £5, must be declared.
12. Promoting equality of opportunity and diversity
12.1 In line with the County Council's Equality of Opportunity and Diversity Statement all officers are expected to work to eliminate discrimination, promote equality of opportunity and promote good relations. All members of the community, other officers, and members, should be treated with respect and you should endeavour, where reasonable, to provide all with a high quality service appropriate to their needs.
13. Appointments following retirement, resignation or lawful termination of employment
13.1 The County Council is concerned to safeguard the integrity of the workings of local government and to avoid even the appearance of impropriety among the Council's employees. It is in the public interest that people with experience of public administration should be able to move into business and other bodies. It is important, whenever a Council employee accepts a particular outside appointment, that there should be no cause for any suspicion of impropriety. The rules set out in this Code are aimed at safeguarding both the County Council and individual employees from such criticism or suspicion. The rules apply to appointments in the United Kingdom and the European Union.
14. Approvals
14.1 Where approval or notification is required under the Code by assistant directors, deputy chief officers, and chief officers, then this shall respectively be obtained from the appropriate deputy chief officer, chief officer, of the . The shall obtain approval or notify either the monitoring officer, or the Section 151 officer.
15. If in doubt
It is not possible to cover every situation you may face as an employee of the County Council, simply because a particular action may not be addressed within the Code, this does not condone that action by admission. If you are in any doubt about anything contained within this Code, and are concerned about anything relating to your personal position, you should speak to your line manager immediately.
Conflicts of interest procedure – making a declaration
Step One – Inform
Inform your supervisor/immediate line manager of the potential area of conflict.
Step Two – Complete the form
Complete a "Conflict of Interest Declaration form” giving details of the potential conflict. You should then pass this to your line manager for them to add supporting information and outline their view and comments. This should include what involvement managers anticipate having and detailing any safeguards that could be put in place.
Step Three – Submit form
Send your completed form to the appropriate Assistant Director at County Hall
Step Four – The decision
The appropriate Assistant Director will be responsible for deciding whether or not a conflict of interest exists. They will need to be satisfied that this would neither interfere with your performance or duties nor lead to any suspicion of improper influence. Each set of circumstances will be considered on an individual basis.
Step Five – Confirmation
The Assistant Director will write to you outlining his/her decision. All declarations will be recorded on your Departmental Register of Interests.
Step Six – Appeal
If you wish to appeal against the Assistant Director's decision, you should use the East Sussex County Council's grievance procedure.
Step Seven – Change to circumstances
If your circumstances change it is your responsibility to inform your supervisor and make a new declaration as above.
Appointment following retirement, resignation or lawful termination of employment
- In order to safeguard the integrity of the administration of the County Council, and in order to counter any suspicion of impropriety in, among other things, the contracting process for local authority works and services, the County Council requires each of its employees to obtain the approval of their Chief Officer before accepting any offer of employment in business or other bodies outside the County Council which would commence within two years of leaving the employment of the County Council, whether full or part-time, or before establishing a consultancy in the following circumstances:
a) if you have had any material official dealings with your prospective employer (who, for the purpose of applying any of the clauses of these rules could be any organisation, individual or related undertaking including parent and subsidiary undertakings and associated undertakings as well as partners in joint ventures) during the last two years of employment with the County Council; or
b) if you have had any material official dealings of a continued or repeated nature with your prospective employer during the last two years of employment with the County Council; or
c) if you have had access to commercially sensitive information of competitors of your prospective employer in the course of your official duties; or
d) if you have been substantially involved in negotiations on behalf of the County Council in respect of any commercial or contractual arrangements with an external body or party; or
e) if, during the last two years of your employment with the County Council your official duties have involved advice or decisions benefiting that prospective employer, for which the offer of employment could be interpreted as a reward, or if your official duties have involved developing policy, knowledge of which might be of benefit to the prospective employer; or
f) if you are to be employed on a consultancy basis, either for a firm of consultants or as an independent self-employed consultant, and you have had any dealings of a commercial nature with outside bodies or organisations in your last two years of employment with the County Council.
Chief Officers to whom the rules apply are required to obtain approval from the Chief Executive. The Chief Executive will need to obtain approval from the Governance Committee in the event that he/she proposes to take up an appointment which would lead to the rules applying to him/her.
- Approval for appointment to any position failing within the scope of these rules shall not be withheld unreasonably. In considering whether to approve an appointment, the Chief Officer will take into consideration the following matters:
a) the relationship of the County Council to the prospective employer;
b) the relationship between the applicant and the prospective employer during the course of the applicant's employment with the County Council;
c) the possibility that the applicant may have had access to trade secrets and/or confidential information about one or more of the prospective employer's competitors during the course of employment with the County Council;
d) the applicant's degree of seniority within the County Council;
e) any other relevant factors.
- It will be open to those considering applications to recommend unqualified approval or to recommend approval subject to any waiting periods less than two years or other conditions which are appropriate to the particular circumstances of the applicant (e.g. seniority of the employee and the prospective employer).
East Sussex County Council