Monitoring Officer’s Foreword:  The text set out below was  adopted by the County Council to comply with the Local Authorities (Model Code of Conduct) Order 2007) which applies to all local, police and fire authorities. The format in this Order is mandatory and it was not therefore possible to delete references - to parish councils for example – which have no relevance to the County Council. At certain points the Council has however inserted wording which it considers strengthens or clarifies the Code.

PART 1GENERAL PROVISIONS

Introduction and interpretation

1. (1) This Code applies to you as a member of an authority.

   (2) You should read this Code together with the general principles prescribed by the Secretary of State.

   (3) It is your responsibility to comply with the provisions of this Code.

   (4) In this Code -

"meeting" means any meeting of –

• (a) the authority;
• (b)the executive of the authority;
• (c) any of the authority's or its executive's committees, sub-committees, joint committees, joint sub-committees, or area committees;
• (d)informal meetings with other members and/or with officers relating to the discharge of the authority’s functions

"member" includes a co-opted member and an appointed member.

   (5) In relation to a parish council, references to an authority's monitoring officer and an authority's standards committee shall be read, respectively, as references to the monitoring officer and the standards committee of the district council or unitary county council which has functions in relation to the parish council for which it is responsible under section 55(12) of the Local Government Act 2000.

Scope
2. (1) Subject to sub-paragraphs (2) - (5), you must comply with this Code whenever you -

• (a) conduct the business of your authority (which, in this Code, includes the business of the office to which you are elected or appointed); or
• (b) act, claim to act or give the impression you are acting as a representative of your authority,

and references to your official capacity are construed accordingly.

  (2) Subject to sub-paragraphs (3) and (4), this Code does not have effect in relation to your conduct other than where it is in your official capacity.

  (3) In addition to having effect in relation to conduct in your official capacity, paragraphs 3(2)(c), 5 and 6(a) also have effect, at any other time, where that conduct constitutes a criminal offence for which you have been convicted.

  (4) Conduct to which this Code applies (whether that is conduct in your official capacity or conduct mentioned in sub-paragraph (3)) includes a criminal offence for which you are convicted (including an offence you committed before the date you took office, but for which you are convicted after that date).

  (5) Where you act as a representative of your authority –

• (a) on another relevant authority, you must, when acting for that other authority, comply with that other authority's code of conduct; or
• (b) on any other body, you must, when acting for that other body, comply with your authority's code of conduct, except and insofar as it conflicts with any other lawful obligations to which that other body may be subject.

General obligations

3.(1) You must treat others with respect.

  (2) You must not –

• (a) do anything which may cause your authority to breach any of the equality enactments (as defined in section 33 of the Equality Act 2006);
• (b) bully any person; Bullying may be characterised as any single act or pattern of offensive, intimidating, malicious, insulting or humiliating behaviour; an abuse or misuse of power or authority which attempts to undermine or coerce or has the effect of undermining or coercing an individual or group of individuals by gradually eroding  their confidence or capability which may cause them to suffer stress or fear;
• (c) intimidate or attempt to intimidate any person who is or is likely to be –
  • (i) a complainant,
  • (ii) a witness, or
  • (iii) involved in the administration of any investigation or proceedings,

in relation to an allegation that a member (including yourself) has failed to comply    with his or her authority's code of conduct; or

• (d) do anything which compromises or is likely to compromise the impartiality of those who work for, or on behalf of, your authority.

  (3) In relation to police authorities and the Metropolitan Police Authority, for the purposes of sub-paragraph (2)(d) those who work for, or on behalf of, an authority are deemed to include a police officer.

  (4) In particular you shall not provide or offer to provide a reference for any candidate for appointment or promotion as an officer of the authority.

4. You must not –

(a) disclose information given to you in confidence by anyone, or information acquired by you which you believe, or ought reasonably to be aware, is of a confidential nature, except where –

• (i)  you have the consent of a person authorised to give it;
• (ii)  you are required by law to do so;
• (iii) the disclosure is made to a third party for the purpose of obtaining professional advice provided that the third party agrees not to disclose the information to any other person; or
• (iv) the disclosure is –
  • (aa) reasonable and in the pubic interest; and
  • (bb) made in good faith and in compliance with the reasonable requirements of the authority; or

(b) prevent another person from gaining access to information to which that person is entitled by law.

5. You must not conduct yourself in a manner which could reasonably be regarded as bringing your office or authority into disrepute.

6. You –

(a) must not use or attempt to use your position as a member improperly to confer on or secure for yourself or any other person, an advantage or disadvantage; and

(b) must, when using or authorising the use by others of the resources of your authority or of resources the use of which is controlled or influenced by your authority-

• (i) act in accordance with your authority's reasonable requirements;
• (ii) ensure that such resources are not used improperly for political purposes (including party political purposes); and

(c) must have regard to any applicable Local Authority Code of Publicity made under the Local Government Act 1986

7. (1) When reaching decisions on any matter you must –

(a)do so on the merits of the circumstances and in the public interest

(b)have regard to any relevant advice provided to you by the authority’s officers – in particular by:

• (i)  your authority’s Chief Finance Officer,
• (ii) your authority’s Monitoring Officer,

where that officer is acting pursuant to his or her statutory duties.

  (2) You must give reasons for all decisions in accordance with any statutory requirements and any reasonable additional requirements imposed by your authority.

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