Code of Conduct
CODE OF CONDUCT
OF THE
FAR NORTH DISTRICT COUNCIL
FOR:
ELECTED MEMBERS OF COUNCIL
&
COMMUNITY BOARD MEMBERS
&
STAFF
&
CONSULTANTS
&
CONTRACTORS
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Code of Conduct
Table of Contents
1.
Introduction ............................................................................................................... 3
1.1. Why do we have a Code of Conduct?............................................................... 3
1.2. Terminology used in this Code .......................................................................... 3
1.3. What does the Code Do? .................................................................................. 3
1.4. Who is the Code for?......................................................................................... 4
1.5. Guidance and Objectives .................................................................................. 4
2.
Roles and Conduct.................................................................................................... 5
2.1. Elected Member’s Roles and Conduct .............................................................. 5
2.2. Mayor ................................................................................................................ 5
2.3. The Deputy Mayor ............................................................................................. 6
2.4. Committee Chairpersons................................................................................... 6
2.5. The Chief Executive .......................................................................................... 6
2.6. Staff, Contractors & Consultants ....................................................................... 7
3.
Responsibilities ......................................................................................................... 7
3.1. Decision Making ................................................................................................ 7
3.2. Predetermination or Bias................................................................................... 8
3.3. Confidential Information .................................................................................... 9
3.4. Conflicts of Interest............................................................................................ 9
3.5. Staff Conflict of Interest ................................................................................... 10
3.6. Examples of Conflict of Interest....................................................................... 11
3.7. Standing Orders .............................................................................................. 12
3.8. Ethics............................................................................................................... 12
3.9. Dress Code ..................................................................................................... 12
3.10. Disqualification of Members from Office.......................................................... 12
3.11. Handling Council information .......................................................................... 13
3.12. Responsibility for Public Funds ....................................................................... 13
3.13. Personal Behaviour ......................................................................................... 14
4.
Relationships and Behaviours................................................................................. 14
4.1. Relationships with Other Members ................................................................. 14
4.2. Relationships with Staff ................................................................................... 15
4.3. Relationships with the Community .................................................................. 16
4.4. Communications Protocol ............................................................................... 16
4.5. Private Communications between Elected Members and Staff ...................... 19
4.6. Political Neutrality............................................................................................ 20
4.7. Relationships with the Public........................................................................... 20
4.8. Public Statements and Contacts with the Media ............................................. 21
4.9. Representing the Far North District Council .................................................... 22
4.10. Defamation ...................................................................................................... 22
5.
Compliance and Review of Code of Conduct.......................................................... 22
5.1. Compliance ..................................................................................................... 22
5.2. Elected Members Monitoring Group................................................................ 23
5.3. Responses to Breaches of the Code............................................................... 23
5.4. Review............................................................................................................. 24
6.
Relevant Legislation ................................................................................................ 24
7.
Associated Documentation ..................................................................................... 24
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1. Introduction
1.1.
Why do we have a Code of Conduct?
The Code of Conduct sets out the values, understandings and expectations agreed
amongst the elected members, staff, contractors and consultants of the Far North
District Council about the manner in which they conduct themselves. It includes
understandings on behaviour towards one another and towards the public.
Schedule 7 of the Local Government Act 2002 (the Act) requires each local authority to
adopt a Code of Conduct for its elected members. Once adopted, all elected members
are required to comply with the Code. While there is no statutory rule requiring there to
be a staff Code of Conduct, Council has decided that it will promote a shared sense of
purpose and vision if all people engaged in Council business at all levels are covered by
the Code. All participants to this Code acknowledge there are inherent differences
between elected membership and salaried or contracted services performed by staff and
consultants, and acknowledge that this unique approach by Council does not replace or
diminish employment law or established Human Resources processes and procedures.
A summary of this Code of Conduct, for easy reference, appears as Appendix 1 to this
document.
1.2.
Terminology used in this Code
Staff includes all employees, casual labourers, consultants, and contractors
who perform work for or on behalf of Council.
Elected member means the Mayor, Councillors and Community Board
members elected to the Far North District Council and any of its Community
Boards
'GMT' means the General Management Team, comprised of the Chief
Executive, General Managers, and HR Manager
Senior manager means the Chief Executive, General Managers and Group
Managers of the Far North District Council
Middle manager means any staff member with 'manager' in their title, who
reports to a Group or General Manager
Parties to this Code – means all persons listed above
Policy means any articulated statement of position adopted by either Council
or GMT. A distinction exists between Council policy, which relates to
governance, and GMT policy, which relates to organisation management.
Council does not develop or adopt GMT policy, nor vice versa.
1.3.
What does the Code Do?
The Code sets out responsibilities in the areas of integrity, conduct and performance,
and Council’s obligations to its employees, and vice versa. It recognises the work
environment regularly requires judgements and decisions to be made in difficult and
complex situations.
The Code of Conduct is one of several documents that guide elected members,
management and staff performance and behaviour. These documents include:
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Professional group code of ethics (i.e. Engineers, Accountants, Planners)
Council's Policies
Disciplinary
Policy
Employment
contracts
Performance
documentation
1.4.
Who is the Code for?
This Code has been developed for Far North District Council and applies to all persons –
elected members, employees, contractors or consultants – working with us.
1.5.
Guidance and Objectives
This Code of Conduct provides guidance on the standards of behaviour that are
expected from everyone. The Code applies to elected members, staff, contractors and
consultants in their dealings with:
Each
other
The Chief Executive
All staff, contractors and consultants employed by the Chief Executive on behalf of
Council
The
media
The general public
The objective of the Code is to enhance:
The effectiveness of Council with statutory responsibilities for sound local
government of the Far North District.
The credibility and accountability of Council within its community.
Mutual trust, respect and tolerance between all parties to the Code
This Code of Conduct seeks to achieve its objectives by recording:
An agreed statement of roles and responsibilities.
Agreed general principles of conduct.
Specific codes of conduct applying to particular circumstances or matters.
Elected members are primarily accountable to the electors of the district through the
democratic process. However members must note that the Auditor-General may hold
them to account for unlawful actions or expenditure, or for breaches of the Local
Authorities (Members’ Interests) Act 1968.
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2. Roles and Conduct
This part of the Code describes the roles and responsibilities of elected members, the
additional roles of the Mayor, Deputy Mayor, Committee Chair, Chief Executive and the
staff and contracted consultants of the Far North District Council.
2.1.
Elected Member’s Roles and Conduct
Elected members of Council are responsible for:
The development and adoption of Council policy.
Monitoring the performance of Council against its stated objectives and policies.
Prudent stewardship of Council resources.
Employment of the Chief Executive.
Representing the interests of the residents and ratepayers of the Far North District
Unless otherwise provided in the Local Government Act 2002 or in standing orders,
Council can only act by majority decisions at meetings. Each member has one vote
(and, in the case of a chairperson, a casting vote). Any individual member (including the
Mayor) has no authority to act on behalf of Council unless Council has expressly
delegated such authority.
Elected members have specific obligations as to their conduct in the following legislation:
Schedule 7 of the Local Government Act 2002, which includes obligations to act as a
good employer and to abide by the current Code of Conduct and standing orders.
The Local Authorities (Members’ Interests) Act 1968 which regulates the conduct of
elected members in situations where there is, or could be, a conflict of interest
between their duties as an elected member and their financial interests (either direct
or indirect).
The Secret Commissions Act 1910, which prohibits elected members from accepting
gifts or rewards that could be seen to influence their actions in a particular way.
The Crimes Act 1961 regarding the acceptance of gifts for acting in a certain way
and the use of official information for private profit.
All elected members of Council are required to adhere to a code of conduct. Adopting
such a code is a requirement of the Local Government Act 2002. Once adopted, the
code may only be amended by at least a 75% supporting vote of Councillors.
2.2. Mayor
The Mayor is elected by the district as a whole and as one of the elected members
shares the same responsibilities as other members of Council.
The Mayor also has the following additional roles as a:
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Presiding member at Council meetings. The Mayor is responsible for ensuring the
orderly conduct of business during meetings (as determined in standing orders).
Advocate on behalf of the community. This role may involve promoting the
community and representing its interests. Such advocacy will be most effective
where it is carried out with the knowledge and support of Council.
Ceremonial head of Council.
Providing leadership and feedback to other elected members on teamwork and
chairmanship of committees; and
Justice of the Peace (while the Mayor holds office).
The Mayor must follow the same rules as other elected members about making public
statements and committing Council to a particular course of action, unless acting in
accordance with a delegation of authority from Council.
2.3.
The Deputy Mayor
The Deputy Mayor must be elected by the members of Council at the first meeting after
the local body election. The Deputy Mayor exercises the same roles as other elected
members and if the Mayor is absent or incapacitated, the Deputy Mayor must perform all
of the responsibilities and duties, and may exercise the powers of, the Mayor (as
summarised above). The Deputy Mayor may be removed from office by resolution of
Council.
2.4. Committee
Chairpersons
Council may create one or more committees of Council. A committee chairperson
presides over all meetings of the committee, ensuring that the committee acts within the
powers delegated by Council. Committee chairpersons may be called on to act as an
official spokesperson on a particular issue. They may be removed from office by
resolution of Council.
2.5.
The Chief Executive
The Chief Executive is appointed by Council in accordance with Section 42 of the Local
Government Act 2002. The Chief Executive is responsible for implementing and
managing Council policies and objectives within the budgetary constraints established
by Council.
The Chief Executive employs all other staff on behalf of the local authority
In terms of Section 42 of the Act, the responsibilities of the Chief Executive are:
Implementing the decisions of Council
Providing advice to Council and community boards
Ensuring that all responsibilities, duties and powers delegated to the Chief Executive,
(and thence from the Chief Executive to other staff) are properly performed or
exercised
Managing the activities of Council effectively and efficiently
Maintaining systems to enable effective planning and accurate reporting of the
financial and service performance of Council
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Providing leadership for staff
Employing staff (including negotiation of the terms of employment).
2.6.
Staff, Contractors & Consultants
Staff, contractors and consultants are required to serve the Council of the day. They
must act professionally and impartially, and ensure that the fulfilment of their duties
maintains the confidence of Council.
Staff, whether salaried or contracted, have a role in assisting with development as well
as implementation of
policy. Staff are responsible for providing honest, impartial, and
comprehensive advice to Council, for alerting Council to the possible consequences of a
particular action, and where possible for offering alternative ways of achieving Council’s
objectives. Officers should understand this vital role, and provide advice whether or not
such advice accords with Council’s views. Officers must also realise that elected
members often need to take into account other factors before reaching a decision.
Final decisions on policy are the prerogative of Council, and staff may not withhold
relevant information from Council, nor seek to obstruct or delay a decision, nor attempt
nor undermine or improperly influence Council policy (for example, by the unauthorised
release of information by a staff member).
Once the Council has made a decision, it is the duty of the staff member to implement
that decision within the law, whether or not they agree with it.
If staff find themselves in a situation where their conscience constrains them from
carrying out a lawful instruction, they should discuss their circumstances and options
with their immediate manager. They must not do anything to circumvent or undermine
the Council’s policies or decisions.
3. Responsibilities
3.1. Decision
Making
The business of Council is done every day by making decisions. Some are made by
elected members, meeting as Council. Others are delegated to the Chief Executive, who
in turn sub-delegates to staff at various levels of the organisation. Effective governance
occurs when an organisation’s structure and operating principles recognise, through
effective delegation, the need to empower elected members and staff to make decisions
at strategic and operational levels, as appropriate to their role. While the nature of those
decisions is different, the process and the principles to be applied are the same.
3.1.1. Council
Decision-Making
Council may only make decisions at Council meetings, and then should only make
decisions on those matters that are accompanied by management staff reports. This is a
necessary step in transparency and accountability. It is needed to fulfil Council’s
obligations for decision-making requirements of the Local Government Act 2002, and is
an important safeguard for every member in terms of personal liability for those
decisions.
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Council may hear submissions and delegations, and, within the limits of the legislation,
discuss matters raised from the floor of the meeting, however decisions should not be
made unless the matter is properly considered as an item on the agenda accompanied
by a written management report, unless there are compelling and urgent reasons to
consider the matter immediately.
The Local Government Official Information and Meetings Act 1987 recognises that
urgent items, that is, matters not on the agenda, cannot always be avoided. Sections
46A(7) or (7A) allow
minor matters relating to the general business of the Council to be
discussed but not acted upon (other than by reference to a subsequent meeting) where
the presiding member explains at the beginning of the meeting that the item will be
discussed.
Major items may only be dealt with at a meeting if the Council resolves
accordingly and the presiding member explains at the meeting the reason why the item
is not on the agenda and the reason why discussion cannot be delayed until a
subsequent meeting. In either case the presiding member’s explanation must be made
at a time when the meeting is open to the public.
Where an item of urgency arises which legitimately can be decided, and the timing
precludes the preparation of a management report, the presiding member will call for a
verbal report from the relevant manager, which will address the significant implications
arising from any proposed recommendations, such as fiscal, environmental and/or social
implications. Staff will strive to ensure that advice meets relevant quality standards in all
cases.
3.1.2. Staff
Decision-Making
Staff make decisions every day in the course of doing their jobs. Not all are recorded,
but staff should be aware that the decision-making requirements under sections 77, 78,
80, 81 and 82 of the Local Government Act 2002 still apply.
Staff must be mindful of especially those requirements concerning compliance with
community outcomes and consultation with the community. Notice should be taken of
the discretionary nature of compliance afforded to Council under section 79 of the Act in
terms of the above provisions. Any decisions deemed “significant” under the Council’s
Policy on Significance may need to be subject to the special consultative procedure set
out in section 83 of the Act.
Decisions made on day-to-day matters should wherever possible be evidenced by a
written report, the detail of which is in proportion to the decision being made, and signed
by the person with delegated authority to make it.
3.2. Predetermination
or
Bias
Elected members making decisions and staff exercising delegated authority are
expected to approach decision making with an open mind, faithfully and impartially. This
process requires the person making the decision to listen carefully to competing advice
and to weigh up the pros and cons before making it. Where Council or a Standing
Committee is hearing formal submissions on a particular issue, elected members should
carefully avoid prior public comments which show a predetermined bias or inflexible
attitude.
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3.3. Confidential
Information
In the course of their duties the parties to this Code will occasionally receive information
that may need to be treated confidentially. This will generally be information that is either
commercially sensitive or is personal to a particular individual or organisation.
Parties to this Code must not use or disclose confidential information for any purpose
other than the purpose for which the information was supplied to the elected member.
Parties to this Code should be aware that failure to observe these provisions will impede
the performance of Council by inhibiting information flows and undermining public
confidence in the Council. Failure to observe these provisions may also expose Council
to prosecution under the Privacy Act 1993 and/or civil litigation.
3.4. Conflicts
of
Interest
Parties to this Code must be careful that they maintain a clear separation between their
personal interests and their duties. This is to ensure that people who fill positions of
authority carry on their duties free from bias (whether real or perceived).
Elected members need to familiarise themselves with the provisions of the Local
Authorities (Members' Interests) Act 1968 which concerns financial interests, and with
other legal requirements concerning non-financial conflicts of interest. Other parties to
this Code shoud be familiar with the spirit of this Act.
The Act provides that an elected member is disqualified from office, or from election to
office, if that member is concerned or interested in contracts under which payments
made by or on behalf
of the local authority exceed $25,000 in any financial year.
Additionally, elected members are prohibited from participating in any Council discussion
or vote on any matter in which they have a pecuniary interest, other than an interest in
common with the general public. The same rules also apply where the member's spouse
contracts with the authority or has a pecuniary interest. Members must declare their
interests at Council meetings where matters in which they have a pecuniary interest
arise.
Members shall annually make a general declaration of interest as soon as practicable
after becoming aware of any such interests. These declarations are recorded in a
register of interests maintained by Council. The declaration must notify the Council of the
nature and extent of any interest, including:
Any employment, trade or profession carried on by the member or the member's
spouse for profit or gain;
Any company, trust, partnership etc. for which the member or their spouse is a
director, partner, trustee or beneficiary;
The address of any land in which the member has a beneficial interest and which is
in the Far North District Council;
The address of any land where the landlord is the Far North District Council and:
The member or their spouse is a tenant, or
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The land is tenanted by a firm in which the member or spouse is a partner, or a
company of which the member or spouse is a director, or a trust of which the
member or spouse is a trustee or beneficiary;
Any other matters which the public might reasonably regard as likely to influence the
member's actions during the course of their duties as a member.
If the member is in any doubt as to whether or not a particular course of action (including
a decision to take no action) raises a conflict of interest, then the member should seek
guidance from the Chief Executive
immediately.
Parties to this Code must also guard against the impression that they are using their
position to promote a private or personal interest (i.e. family and friends, or an interest
arising from membership of clubs, societies, freemasons, trade unions, and voluntary
bodies). They should disclose any such non-pecuniary interests in a matter arising at a
Council or Committee or Community Board meeting, unless it is insignificant or common
to the public as a whole
Members may also contact the Audit Office for guidance as to whether that member has
a disqualifying pecuniary or non-pecuniary interest. If there is a pecuniary interest, the
member may seek an exemption to allow that member to participate or vote on a
particular issue in which they may have a pecuniary interest. This must be done before
the discussion or vote. The Chief Executive must also seek approval from the Audit
Office for contractual payments to members, their spouses or their companies that
exceed the $25,000 annual limit.
Failure to observe the requirements of the Local Authorities (Members' Interests) Act
1968 could potentially invalidate the particular decision made, or the action taken, by
Council. Failure to observe these requirements could also leave the elected member
open to prosecution under the Local Authorities (Members' Interests) Act 1968. In the
event of a conviction elected members can be ousted from office.
3.5.
Staff Conflict of Interest
Staff (including contracted consultants) should perform their duties honestly and
impartially, and avoid situations which might compromise their integrity or otherwise lead
to conflicts of interest.
The impartiality and integrity of staff is central to the maintenance of good governance
and confidence in Council.
Staff should not only avoid circumstances in which their personal interests conflict with
the interests of the Council, but should also avoid those circumstances in which there
could be the appearance of such conflict.
The public must have no basis on which to believe that decisions are made or policies
are applied unevenly. Staff must observe the principles of fairness and impartiality in all
aspects of their work.
In addition, staff should avoid any interest or undertaking that could directly or indirectly
compromise the performance of their duties, or the standing of their department or the
Council in its relationships with the public, clients or customers.
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Staff should inform the Chief Executive where any actual or potential conflict of interest
arises that impairs the full, effective, and impartial discharge of their staff member duties.
The Chief Executive will then determine the nature and degree of the conflict as it relates
to their staff member duties, and decide upon the best course of action to resolve it.
Staff should not be in a management or supervisory role over a partner or family
member. Staff need to ensure that any personal relationships in the workplace do not
affect their work or that of others.
3.6.
Examples of Conflict of Interest
The following examples illustrate the avoidance of conflict of interest but are not an
exhaustive list.
Being a client and incurring debt
If a staff or elected member is a client of the Council, he/she must ensure that his/her
personal dealings with the Council as a client are beyond reproach.
This means that it is his/her responsibility to make every effort to ensure that he/she
receives no overpayments and that he/she incurs no debt. If a debt is incurred through
an overpayment, he/she must inform his/her manager or the Chief Executive
immediately.
Offers of gifts or gratuities
Elected members and staff must not abuse their position for personal gain. They must
not solicit or accept gifts, rewards or benefits which might compromise, or be seen to
compromise, their integrity and the integrity of their department and the Council.
As a general rule, a Councillor or staff member should not accept a gift (whatever its
nature or value) if the gift could be seen by others as either an inducement or a reward
which might place the employee under an obligation to a third party.
There will be certain occasions (e.g. at a hui) where the differing cultural traditions of the
Council staff or clients require an exchange of gifts. The Council is committed to meeting
the needs of different cultures. If a gift is offered in these situations, it should be
accepted. Each situation must be judged on its own merits and with cultural sensitivity. If
a staff member is in this situation, it should be discussed with his/her manager to ensure
that the decision is open to the closest scrutiny.
Where gifts are offered or offers of inducement are made they should be reported by the
Councillor or staff member to the appropriate manager or Chief Executive, who will
determine the appropriate response. A Councillor or staff member who accepts a gift
should declare the gift for a decision on final disposal.
Other work or services – participation in Public Bodies or Voluntary Associations
Elected members and staff are encouraged to participate in the activities of professional
bodies and to hold office in such bodies. However, they should first inform the Mayor
and/or the chief executive of their intentions, to ensure that no conflict exists between
such participation and their duties and responsibilities for Council.
Any undertaking of other work or services, whether paid or unpaid, may create a conflict
of interest or compromise the Councillor’s or staff member’s work at the Council. The
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member or officer needs to consider whether the other work or service could conflict with
his/her Council duties, affect his/her efficiency or performance, or intrude on normal
working hours. This may include:
Another
job.
Sitting on a board, public body or voluntary committee.
Serving on other local bodies such as the District Health Board.
Working for an advocacy group.
Working as a volunteer for a community organisation.
If a staff member is planning to commence other paid work or is considering other work
(including voluntary work) or services that may conflict with his/her Council duties,
he/she must discuss the matter with his/her manager and obtain agreement in writing
before commencing the work.
3.7. Standing
Orders
Parties to this Code must adhere to any standing orders adopted by Council under the
Local Government Act 2002. These standing orders are subject to the same legal
requirements as a Code of Conduct with regard to their adoption and amendment.
3.8. Ethics
Far North District Council seeks to promote the highest standards of ethical conduct
amongst Parties to this Code. Accordingly, they will:
Claim only for legitimate expenses as laid down by any determination of the
Remuneration Authority then in force, and any lawful policy of Council developed in
accordance with that determination.
Not influence, or attempt to influence, any other party to this Code to take actions
that may benefit the person, or the person’s family or business interests.
Not use Council resources for personal business (including campaigning).
Not solicit, demand, or request any gift, reward or benefit by virtue of their position.
Act in accordance with current Council policy in respect of the receipt or offering of
gifts.
3.9.
Dress Code
When attending meetings of the Council, its standing committees and civic functions, or
when representing the Council at any event, parties to this Code should maintain an
appropriate high standard of dress.
3.10. Disqualification
of Members from Office
Elected members are automatically disqualified from office if they are convicted of a
criminal offence punishable by two or more years’ imprisonment, or if they cease to be or
lose their status as an elector or are guilty of certain breaches of the Local Authorities
(Members’ Interests) Act 1968.
Under the Local Government Act 2002, local authorities, when adopting a Code of
Conduct, must consider whether or not they will require members to declare whether
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they are an un-discharged bankrupt. This Council believes that bankruptcy does raise
questions about the soundness of a person’s financial management skills and their
judgment in general. The Council therefore requires elected members who are declared
bankrupt to notify the Chief Executive as soon as practicable after being declared
bankrupt.
3.11.
Handling Council information
All information created or used in the course of business (electronic or hard copy)
belongs to the Council and therefore, parties to this Code have a responsibility to adhere
to any information management policies and standards.
Most information created and/or received at the Council is public information. This
means that members of the public have the right to request that files be made available
for viewing, or copies of documents provided. The Local Government Official Information
and Meetings Act 1987 sets out our responsibilities in relation to the release of
information, including what information may be withheld.
However, some of Council’s information is confidential or sensitive. The Privacy Act
1993 specifies restrictions applying to the collection and maintenance of personal
information about any individual. Parties to this Code should take proper care with the
use, exchange, storage and release of any information (whether electronic or written) for
which they are responsible, to ensure it remains secure at all times and is only used for
its intended purpose.
Council's Legal Services team can help with queries.
Parties to this Code have the responsibility to see that whenever possible business is
conducted in ‘open’ meeting. Powers to exclude the public should be used only where
prudent and necessary and for the reasons permitted by law.
Business conducted where the public is lawfully excluded remains confidential and
should not be disclosed to the public until either Council decides by resolution to make it
public or the Chief Executive determines, in response to a request under the Local
Government Official Information and Meetings Act 1987, or the Privacy Act 1993, that
there is no longer good reason to withhold it under the Act.
Subject to these Acts, parties to this Code will not communicate any information of a
confidential nature. It is a grave betrayal of trust to disclose information while it is
confidential or use such confidential information for private gain, or improper purpose.
Should the release of politically sensitive material be required, parties to this Code
should ensure that the Chief Executive is notified well in advance of any information
release.
Parties to this Code should be aware that failure to observe these provisions could
impede the performance of Council by undermining public confidence in the Council. It
may also expose Council to prosecution under the Privacy Act 1993 and/or civil litigation.
It may be a disciplinary matter for staff.
3.12.
Responsibility for Public Funds
All persons engaged in Council business must ensure that public funds or resources are
used prudently, with integrity, honesty, and trustworthiness and should reflect:
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Behaviour that is sensible and reasonable for the particular circumstances.
Striking the right balance between initiative and retaining a level of responsibility
consistent with the values and standards.
Encouraging a culture and style of work that provides an excellent standard of
service to the public.
3.13. Personal
Behaviour
All persons involved in Council business should avoid any activity (work related or
private) that could reflect badly on the Council or jeopardise its relationship with
stakeholders or the general public. Whether any such activity constitutes misconduct for
staff will depend on the circumstances of the case and may vary according to:
The likely impact on the ability to carry out the role or employment
The nature and overall consequences of the activity
The effect or consequences of the activity on Council relationships with residents,
customers or the general public.
Minor offences against the law in a private capacity may be of no concern to Council
where they do not involve breaches of trust or acts of violence, or otherwise impair the
ability to carry out duties. However, each case will be considered on its merits.
Staff, consultants and contractors must inform their manager/team leader/supervisor
immediately of any criminal charge(s) laid against them and any conviction(s) received.
Elected members must be aware that as well as reflecting badly on Council as a whole,
serious misconduct can result in criminal charges that could disqualify them from office.
The Local Government Act 2002 states that a member's position on Council is vacated if
he or she is convicted of an offence punishable by a term of imprisonment of 2 years or
more. (Ceasing to be, or losing status as an elector, and certain breaches under the
Local Authorities (Members' Interests) Act 1968 will also disqualify a member from
office.)
4. Relationships and Behaviours
This part of the code sets out the Council’s agreed standards of behaviour. Some of the
matters described in this part of the Code reflect other legislation such as the Local
Authorities (Members’ Interests) Act 1968. The balance of the Code is material that the
Council has decided to include of its own initiative.
4.1.
Relationships with Elected Members
Successful teamwork is a critical element in the success of any democratically elected
organisation. No team will be effective unless mutual respect exists between members.
With this in mind elected members will conduct their dealings with each other in ways
that:
Maintain public confidence in the office to which they have been elected.
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Code of Conduct
Elected members are servants of the public and they are indispensable to one
another. Mutual respect between elected members is essential to good local
government.
A distinction needs to be drawn between the effectiveness of any policy and the
management or implementation of that policy. Elected members may comment
publicly on the effectiveness of any policy, but concerns about the management or
implementation of that policy should be discussed in the first instance with the Chief
Executive1.
If elected members have concerns about the performance of another elected
member, these concerns should be directed to the Mayor or, in the case of
Community Board members, to the relevant Board chairperson.
Are open and honest, and focus on issues rather than personalities.
It is important that in any dealings elected members should observe reasonable
standards of courtesy, and that neither party should seek to take unfair advantage of
their position.
Respect the focus and functions of various offices.
Community Boards represent, and act as advocates for, the interests of their
communities. They advise the Council on local needs, community views, and Council
proposals affecting their wards. They are also able to make decisions on some
projects at a local level. On other issues, they make recommendations to the
Council.
Councillors have a wider leadership role focussed on policy, budgets strategies and
planning. Their role is to participate constructively in the good governance of the
District, to represent effectively the interests of the District and to champion the
causes which best progress the interests and sustainability of the community,
economy and environment.
In practice the distinction between roles is less clear. Overlaps are inevitable,
particularly on significant local issues. In such cases Councillors and Board
members should work carefully to ensure other relevant elected members are kept
advised of events, and ensure that – differences of opinion notwithstanding – a
professional and courteous demeanour is maintained.
4.2. Relationships
with
Staff
The effective performance of Council also requires a high level of cooperation and
mutual respect between elected members and staff. To ensure that level of cooperation
and trust is maintained, elected members will:
1 E.g. Where an individual private development is approved (or not) by Council officers, in accordance with provisions of
the District Plan, it is reasonable for an elected member to express reservations about the District Plan rules and whether
those rules should be reviewed. It is not acceptable for the elected member to criticise the staff member for approving (or
not) the individual application.
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Code of Conduct
Recognise that the Chief Executive is the employer (on behalf of Council) of all
Council employees, and as such only the Chief Executive may hire, dismiss, instruct
or censure an employee.
Make themselves aware of the obligations that the Council and the Chief Executive
have as employers and observe those requirements at all times.
Treat all employees with courtesy and respect (including the avoidance of
aggressive, offensive or abusive conduct towards employees).
Observe any guidelines that the Chief Executive puts in place regarding contact with
employees
Not do anything which compromises, or could be seen as compromising, the
impartiality of an employee.
Avoid publicly criticising any employee in any way, but especially in ways that reflect
on the competence and integrity of the employee.
Raise concerns about employees only with the Chief Executive, and concerns about
the Chief Executive only with the Mayor.
It is not appropriate for elected members to approach staff and contractors directly
regarding their performance, nor is it appropriate for elected members to comment
publicly on the individual management or staff.
Likewise, Council officers are expected to show respect for the office of the elected
members and ensure that their comments enhance the reputation of the Council as a
whole.
If a staff member feels that he or she has not been properly treated with respect and
courtesy, he or she should raise the matter with his or her line manager. The line
manager shall refer the matter to the group manager who will take appropriate action,
either by approaching the individual member or the CEO.
Elected members should be aware that failure to observe this portion of the Code of
Conduct may compromise the Council’s obligations to act as a good employer and may
expose the Council to civil litigation and audit sanctions.
4.3.
Relationships with the Community
Effective Council decision-making depends on productive relationships between elected
members and the community at large. Parties to this Code should ensure that individual
citizens are accorded respect in their dealings with the Council and have their concerns
listened to and deliberated on in accordance with the requirements of the Act. Parties to
this Code should act in a manner that encourages and values community involvement in
local democracy.
4.4. Communications
Protocol
4.4.1. Objectives
Good communication, mutual courtesy and respect are critical in establishing and
maintaining effective relationships throughout the Council. The Council's expectation is
that the Mayor, Councillors and managers will lead by example.
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4.4.2. Guiding
Principles
It is important that there is good communication between the Mayor, Councillors and
staff.
Parties to this Code are entitled to be treated with respect and with reasonable
standards of politeness.
Subject to operational imperatives staff will at all times aim to respond effectively to
communications from the Mayor and Councillors.
The Mayor and Councillors can expect staff to:
maintain
confidentiality;
perform their duties effectively, efficiently and with political neutrality;
behave in a professional and courteous manner;
be helpful to the Mayor and Councillors and respect their roles;
avoid personal close familiarity with the Mayor and Councillors and not
use their relationship with elected members to advance their personal
interests or to influence decisions improperly;
demonstrate an understanding of and support for the respective roles,
workload and pressures of the Mayor and Councillors.
Staff can expect from the Mayor / Councillors:
political leadership and direction;
to be treated with respect, dignity and courtesy;
an understanding of and support for respective staff roles, workload and
pressures;
not to be subject to bullying or undue pressure;
not to be pressurised to deal with a matter outside of Council procedure
or policy;
not to have the Mayor or Councillors use their position or relationship with
officers to advance their personal interests or those of others or to
influence decisions improperly.
All involved in communicating within the organisation and externally will take care in
statements made not to use profanities, immoderate or insensitive language nor
inadvertently to become liable for defamation
4.4.3.
Asking for information
The following process should be used:
The Mayor and Councillors will only seek information from staff that relates to the
business of the Council and enables them to properly perform their functions.
Routine operational information requests (e.g. an update regarding a particular asset
or the timing of scheduled works) may be directed to relevant activity managers.
Requests for service (e.g. to report damage to a Council asset) must be lodged via
the 'Request for Service' system, by phoning 0800-920-029 (for urgent issues) or via
council's website at www.fndc.govt.nz/contact/request-for-service.
For all other information requests, e.g. queries about Council policy or processes,
should be directed to the Chief Executive, the relevant GMT member, or the
Governance Services unit.
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Code of Conduct
When staff receive requests for information they should first ensure that they are the
appropriate person to deal with the request. If the request is redirected then the
Mayor or Councillor concerned should be informed quickly. (Staff support cannot
extend beyond providing information and advice in relation to matters of Council
business or beyond the bounds of whatever authority they have been given by their
senior officer).
If the information requested is sensitive then the matter should be dealt with at GMT
level.
When dealing with a request staff should try to respond promptly, taking account of
the priority given by the Mayor / Councillor and their own service priorities.
Priority given by Mayor / Councillor
Usual timescale for response
Emergency (this only applies in Within a working hour from receipt of
extreme cases such as public safety, the request
noise etc)
Important (this would be information Within 2 working days from receipt of
needed for a particular time limit)
request
Normal
Within 5 working days from receipt of
request
If a member of staff cannot reasonably deal with the request within these time limits,
they will contact the Mayor or Councillor concerned to seek an agreed extended time
period. If agreement cannot be reached then the matter will be referred to a senior
manager, or the chief executive.
Most correspondence will be open and may be copied as a part of the normal
arrangements for dealing with the matter within it. The Mayor and Councillors may,
from time to time, raise matters confidentially with staff and such confidences shall
be respected. Staff will not, without the agreement of the author, copy a letter
marked as ‘private’ or ‘confidential’ or both from the Mayor or a Councillor to anybody
else.
The Mayor and Councillors have rights to see most council information, but they do
not have the right to see everything. If a member of staff feels that there is a legal
reason not to supply the information they will first consult the Chief Executive.
4.4.4. Wider
communications
Official communications letters and decision documents on behalf of the Council in
relation to the Council’s functions should be made by the relevant member of staff. In
some circumstances it may be appropriate for an official communication to be made
by the Mayor or a Councillor and this should be undertaken in liaison with the
relevant member of staff.
The Mayor and Councillors should not, within their communications, purport to make,
or have made, decisions on behalf of the Council where they have no authority to do
so.
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4.4.5.
Use of email
The use of e-mail and other electronic facilities is encouraged. Whilst electronic
communications will tend to involve less formality than written communication,
parties to this Code should avoid an inappropriate level of informality.
In using e-mail facilities for Council business, senders should address
communications only to the appropriate named recipients and should avoid the use
of wider or general circulation lists.
Parties to this Code must not use to their advantage information that has been
communicated to them in error.
4.4.6.
Complaints about staff
Staff are entitled to be treated with respect and not to be the subject of unreasonable,
unwarranted, or defamatory public criticism by the Mayor or Councillors. The following
procedure sets out what the Mayor and Councillors should do if they have a concern
about the conduct or competence of any member of staff:
First of all the Mayor / Councillor should consider discussing their concern with the
member of staff concerned. This is not always appropriate but it is often a good way
of resolving issues.
If these discussions are not appropriate or successful then the Mayor or Councillor
should raise the matter formally with the member of staff’s manager.
If the manager and the Mayor or Councillor are unable to resolve the issues then the
matter is to be referred to the Group Manager and ultimately to the Chief Executive.
Concerns about the Chief Executive should be directed to the Mayor.
The outcome of any formal complaint will be reported to the Mayor / Councillor who
made it.
Action against Officers is governed by employment law and the council’s
employment procedures.
4.4.7.
Chief Executive’s Forum
In order to assist communications within Council the CEO will organise an informal
monthly forum to enable the Mayor and Councillors to raise issues of concern in an
informal and confidential setting.
4.5.
Private Communications between Elected Members and Staff
Council employees have the same rights of access to elected representatives as do
other members of the public, and vice versa. In order to uphold the operational /
governance separation, and for Council staff and contractors to remain politically neutral
in their work, such communication should be handled with sensitivity.
As a general guide:
Staff may communicate privately with elected members about any matters outside
their employment, and vice versa, but where a staff member occupies a senior
position or works closely with elected members, particular care should be exercised
with such communications;
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Staff should not attempt to lobby or influence elected members with regard to
decisions that fall within Council management, such as priority of work or allocation
of resources, and vice versa. These matters should be raised and resolved within the
existing business unit management structure;
Staff should not communicate privately with elected members about matters
concerning their employment or their business unit, or vice versa. These matters
should be raised and resolved with the Chief Executive or a manager/team
leader/supervisor (either personally or through a representative);
If a staff member is approached privately by a Councillor, or vice versa, they should
ensure that any such dealings are addressed, and seen to be addressed, from a
basis of strict impartiality. If this situation arises, employees should always make
sure that a manager/supervisor is informed. Any approach of this kind should be
reported to the Chief Executive.
4.6. Political
Neutrality
Elected members will have strong political views on which they have campaigned and
been successful in promoting and getting themselves elected. A certain bias in favour of
certain policies, etc., is expected of people who have put themselves in the arena of
robust political debate. Elected members need to manage their political views carefully
when undertaking Council business to avoid any appearance of bias.
Council staff and contractors on the other hand serve the Council of the day and must
also be able to serve successive Councils that may be politically different. Staff are
required to maintain the confidence of the current Council and also be able to establish
the same relationship with future Councils. To do this staff must be politically neutral in
their work, while being aware of the political environment in which they are working. If
they do not maintain neutrality in a political environment they are vulnerable to
manipulation.
When any staff find themselves in a situation where their personal views on an issue
conflict with those of Council, and they are not prepared to carry out an instruction, they
should discuss the circumstances and options immediately with their manager/team
leader/supervisor.
4.7.
Relationships with the Public
Positive interaction with the public and external agencies or individuals concerned with
Council is important to build understanding and appreciation of the work of Council.
In any dealings all persons engaged in Council business should:
Be professional, courteous and helpful;
Provide information where appropriate;
Process any enquiries or complaints promptly and according to relevant procedure;
If any matter is not the responsibility of a given employee then, it should be passed
to the person concerned or directly to someone who can help. Where possible
enquiries should be made on behalf of the person concerned and they should be
given a name and phone number to contact;
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Code of Conduct
While elected members may, and are often expected to, take a position on any
matter, staff and contractors must maintain the neutrality required of Council
employees;
Value the customer, ratepayer, and resident
4.8.
Public Statements and Contacts with the Media
The media plays an important part in local democracy. In order to fulfil this role the
media needs access to accurate, timely information about the affairs of Council. From
time to time, individual staff or elected members will be approached to comment on a
particular issue either on behalf of Council, or as a staff or elected member in their own
right. This part of the code deals with the rights and duties of staff or elected members
when speaking to the media on behalf of Council, or in their own right.
The following rules apply for media contact and public statements by staff on behalf of
Council:
Only those staff authorised by the Chief Executive, or those who have express
delegation as part of their job, can make public statements.
This applies to responses to all media calls, including:
Media enquiries or any other external communication by a member of the media.
Media requests for comment on Council policy.
Calls from journalists wanting staff to “comment” on a situation.
In cases where a staff member has any doubt about what can be released to the media,
the journalist should be referred to the Communications Manager.
The following rules apply for media contact and public statements by elected
representatives
on behalf of the Council:
The Mayor can speak of behalf of the Council and is generally considered the first
point of contact for the official Council view on any issue. Where the Mayor is absent
or unavailable, the Deputy Mayor assumes this Council spokesperson role. If the
Deputy Mayor is absent or unavailable, matters can be referred to the relevant
committee chairperson, who can speak on behalf of his or her committee’s activities.
The Mayor may choose not to comment, but rather to refer media enquiries to the
Deputy Mayor, relevant committee chairperson, other elected representative or the
Chief Executive, for comment on behalf of the Council.
Elected members are free to express a
personal view in the media at any time, provided
it is clear they are commenting in a personal capacity, as follows:
Media comments must not state or imply that they represent the views of Council.
Where an elected member is making a statement that is contrary to a Council
decision or Council policy, the member must not state or imply that his or her
statements represent a majority view.
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Media comments must observe the other requirements of the Code of Conduct, e.g.
not disclose confidential information, or compromise the impartiality or integrity of
staff.
4.9.
Representing the Far North District Council
Parties to this Code appointed by Council to serve on other bodies must observe this
Code in carrying out their duties on such bodies.
4.10. Defamation
Defamation is any statement, written or oral, designed to lower the esteem in which
another person is held. To be defamatory, the statement must be untrue, must identify a
particular person and must be published. “Published” means making the defamatory
statement known to someone other than the victim.
However, Clauses 52 and 53 of the Local Government Official Information and Meetings
Act 1987 provide “that the publication of defamatory matter contained in a publicly
available agenda or minutes is privileged, unless it can be proved that the publisher was
predominately motivated by ill will or took improper advantage of the occasion of
publication. Any oral statements made at a local authority meeting are privileged, unless
it can be proved that the person making the statement was predominately motivated by
ill will or took improper advantage of the occasion of publication.”
The reason for the existence of this privilege is so that a local authority can conduct its
meetings in a way that is open and accountable. In order to perform the duties for which
they were elected, members must be able to make statements at meetings without fear
of an action for defamation. However, the privilege is qualified to prevent an abuse of
the power given to elected members.
Elected members should strive to make no allegations that are improper or derogatory in
the performance of their official duties and refrain from any form of conduct that may
cause any reasonable person unwarranted offence or embarrassment.
Staff do not have this qualified privilege and should take care at all time that they do not
make any statements that are potentially defamatory.
5. Compliance and Review of Code of Conduct
This section of the Code sets out how it will be monitored, implemented, and reviewed.
5.1. Compliance
Elected members must note that they are bound to comply with the provisions of this
Code of Conduct (Local Government Act 2002, Schedule 7, section 15(4)). Members
are also bound by the:
Local Government Act 2002
Local Authorities (Members’ Interests) Act 1968
Local Government Official Information and Meetings Act 1987
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Secret Commissions Act 1910
Crimes Act 1961
Securities Act 1978.
The Chief Executive will ensure that an explanation of these Acts is made at the first
meeting after each triennial election and that copies of these Acts are freely available to
elected members.
5.2.
Elected Members Monitoring Group
All alleged breaches of the Code by elected members must be reported to the
Monitoring Group. Any allegation of a breach of a Code of Conduct must be in writing to
the Principal, make a specific allegation of a breach of the Code of conduct, and provide
corroborating evidence.
The group will investigate the alleged breach and prepare a report for the consideration
of Council. Before beginning any investigation, the group will notify the elected
member(s) in writing of the complaint and explaining when and how they will get the
opportunity to put their version of events.
The Council will consider the report in open meeting of Council, except where the
alleged breach relates to the misuse of confidential information or could impinge on the
privacy of a member of staff or of the general public.
5.3.
Responses to Breaches of the Code
Breaches of this code are dealt with differently, depending on whether an elected
member's conduct is in question, or a staff member.
In
all cases relating to staff (including contracted consultants) complaints
must be dealt
with in accordance with the organisation's Human Resources policies.
In cases relating to elected members, the exact nature of the action the Council may
take depends on the nature of the breach and whether there are statutory provisions
dealing with the breach.
Where there are statutory provisions:
Breaches relating to members’ interests render members liable for prosecution by
the Auditor-General under the Local Authority (Member’s Interests) Act 1968.
Breaches which result in the Council suffering financial loss or damage may be
reported on by the Auditor-General under the Local Government Act 2002, which
may result in the member having to make good the loss or damage.
Breaches relating to the commission of a criminal offence may leave the elected
member liable for criminal prosecution.
In these cases the Council may refer an issue to the relevant agency, e.g. the Auditor-
General or Police. Member of the public similarly may make such complaints, or the
agency itself may take action on its own initiative.
Where there are no statutory provisions, the Council may take the following action:
Censure.
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Code of Conduct
Removal of the elected member from Council committees and/or other
representative type bodies.
Dismissal of the elected member from a position as Deputy Mayor or Chair of a
committee.
A decision to apply one or more of these actions requires a Council resolution to that
effect.
5.4. Review
Once adopted, a Code of Conduct continues in force until amended by the Council. The
Code can be amended at any time but cannot be revoked unless the Council replaces it
with another Code. Once adopted, amendments to the Code of Conduct require a
resolution supported by 75 per cent or more of the members of the Council present.
Council will formally review the Code as soon as practicable after the beginning of each
triennium. The results of that review will be presented to Council for their consideration
and vote.
6. Relevant
Legislation
Local Authorities (Members’ Interests) Act 1968.
Local Government Act 2002
Secret Commissions Act 1910
Local Government Official Information and Meetings Act 1987
Local Authority (Members’ Interests) Act 1968
Securities Act 1978
Crimes Act 1961
Privacy Act 1993 and amendments (2000)
Building
Act
2004
7. Associated
Documentation
Disciplinary
Matters
policy
Fraud and Corruption policy
Privacy
Policy
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Code of Conduct - Summary
As elected members, staff and
Listen to our customers
contractors…
Look for solutions
We must be:
Have a sense of humour
Helpful and polite
Business-like
Business-like
Open, honest and transparent
We must:
Well informed
Be results and services focussed
Be professional and reliable –“we do
The Far North District Council team is made up
what we say we’re going to do, when we
of elected members, staff and contractors.
said we’ll do it, and we do it well”
Together we work for the ratepayers and
Acknowledge that bureaucracy wastes
residents of our district. We must act with a spirit
customers’ money and our time
of service to our communities and demonstrate
Be efficient – complete our work on time
integrity in everything we do. Our performance is
and within budget
measured by our results and through our
Work hard
conduct.
Be positive
The Local Government Act 2002, Clause 15,
Open, honest and transparent
Schedule 7, requires Council to adopt a Code of
We must:
Conduct. The standards required are applicable
Tell the truth
to us all – elected members, staff and
Be factual and upfront
contractors.
Outline situations as they real y are
Admit our mistakes – be accountable
Be honest about delays
Our Mission
Be reliable
To provide effective leadership
Be trustworthy
and responsive, affordable
services.
Well informed
To value our diverse lifes
tyles
We must:
and unique environment. Build
Know our stuff
Trust within stronger and safer
Answer questions confidently, or offer to
communities.
find the answers
To promote the economic,
Respond to our customers’ needs in a
social and cultural
timely
manner
advancement of the Far North.
Be concise with our communications
Speak and write in Plain English
Use our strengths as a team to gather
Helpful and Polite
the information we need
We must:
Be team oriented
Say please and thank you
Be courteous and responsive
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