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Councillors' Code of Conduct

1 INTRODUCTION

• Who it applies to.
• Purpose of code.

2 RESPECTIVE RESPONSIBILITIES

• Elected members.
• The Mayor.
• The Deputy Mayor.
• Standing committee chairs.
• Chief executive.

3 DECISION MAKING

• Predetermination/bias.
• Quality decisions.
• Need for management report.
• Urgency/non agenda items.

4 BEHAVIOUR OF MEMBERS

• Respect and dignity.
• Management concerns.
• Contrary views.

5 DRESS CODE

6 EXTERNAL COMMUNICATIONS

• Public statements.
• Delegations.
• Confidential information.

7 INTERNAL COMMUNICATIONS

8 PUBLIC DUTY

9 DISCLOSURE OF PECUNIARY AND OTHER INTERESTS

10 REPRESENTING THE COUNCIL

11 REVIEW

12 IMPLEMENTATION

• Other legal obligations.

13 COMMUNITY BOARDS/CO-OPTED MEMBERSReturn to top


1. INTRODUCTION
1.1 This code of conduct has been prepared to provide guidance on the standards of behaviour expected of elected members (the Mayor and councillors) of the New Plymouth District Council. It applies to elected members in their dealings with:

• Each other.
• Council management and staff.
• The public.
• The news media.

1.2 Aspects of the code of conduct also provide guidance on the standards of behaviour required of the council management. It is a voluntary code agreed to by the elected members and management to enhance:

• The effectiveness of the council as the autonomous local authority with statutory responsibilities for the good government of the New Plymouth district.
• The credibility and accountability of the council within its community
• Mutual trust, respect and tolerance between the elected members as a group and between the elected members and management.

1.3 This code of conduct seeks to achieve its objectives by recording:

• An agreed statement in respect of responsibilities.
• Agreed general principles of conduct or etiquette.
• Specific codes of conduct applying to particular circumstances or matters.

1.4 Without successful teamwork any democratically elected organisation will have difficulty succeeding. No team will be effective unless mutual respect exists between leaders and members. This code seeks to facilitate more effective teamwork.Return to top


2. RESPECTIVE RESPONSIBILITIES
2.1 The Local Government Act 1974 as amended in 1989, envisages a clear separation of roles and responsibilities between elected members and management. The office of the Mayor has additional characteristics created as much by custom as by legislation.

2.2 Elected members (council as a whole)
The elected members, acting as the council, are responsible for:

• The development and approval of council policy.
• Determining the expenditure and funding requirements of the council through the Annual Plan process (including the long term financial strategy and funding policy)
• Monitoring the performance of the mouncil against its stated objectives and policies.
• For employing, overseeing and monitoring the CEO.

2.3 The council can only act by a majority decision at meetings. Each member has one vote, with the presiding member at any meeting having an additional casting vote in the case of an equality of voting. With certain exceptions, the exercise of the council's powers can be delegated to committees or subcommittees or to individual persons.

2.4 The elected members are accountable to electors through the ballot box. They have declared that
"They will faithfully and impartially, and according to their best skill and judgement, execute and perform in the interests of the New Plymouth District, the statutory powers, authorities and, duties vested in or imposed upon them as members of the New Plymouth District Council."

In certain matters the elected members are also accountable to the Office of the Auditor General, for example in respect of illegal actions or expenditures, or for breaches of the Local Authorities (Members' Interests) Act 1969.

2.5 The Mayor
The Mayor is one of the elected members, and shares the same collective responsibilities. The Mayor is elected by the district at large and is the presiding member at meetings of the council, and as such is responsible under standing orders for the orderly conduct of council business at meetings.

2.6 The Mayor has no power to commit the council to any particular course of action except where specifically authorised to act under duly delegated authority.

2.7 The Office of Mayor carries with it an element of community leadership in addition to the statutory role as presiding member of the council. The leadership role frequently requires the Mayor to act as community advocate, promoting the attributes of the community and representing its interests. Community leadership and advocacy will be more effective where it is carried out with the knowledge and support of the council, however, it must be recognised that the Mayor will have to act independently occasionally.

2.8 The Mayor is required to be a Justice of the Peace while holding office as Mayor.

2.9 The Deputy Mayor, in addition to the responsibilities of councillor, the deputy Mayor is authorised to chair meetings of the council in the Mayor's absence, and generally to perform the functions and duties of the Mayor:

• With the Mayor's consent at any time during the Mayor's temporary absence; or
• Without the Mayor's consent at any time while the Mayor is prevented by illness or other cause from performing the functions and duties or exercising the powers of office or while there is any vacancy in the office of Mayor.

2.10 Standing committee chairs
The council charges the chair of a Standing Committee with overseeing the business of that standing committee consistent with the powers delegated to it.

2.11 Standing Committee chairs are responsible for ensuring the orderly conduct of their committees in carrying out their business.

2.12 Chief Executive
The Chief Executive Officer is responsible for the implementation and management of the council's policies and objectives within the budgetary and other constraints established by the council. In terms of section 119D of the Local Government Act 1974, the Chief Executive Officer's responsibilities are:
a) Implementing the decisions of the council.
b) Providing advice to elected members.
c) Ensuring that all functions, duties and powers delegated to the Chief Executive Officer or to any person employed by the council, or imposed or conferred by any Act, regulation or bylaw are properly performed or exercised.
d) Ensuring the effective, efficient and economic management of the activities and planning of the local authority.

2.13 In terms of section 119C, the Chief Executive Officer is responsible for the employment of all other staff of the council.Return to top


3 DECISION MAKING
3.1 Predetermination or bias:
Elected members are expected to approach decision making with an open mind ("faithfully and impartially"). This process requires elected members to listen carefully to competing advice and to weigh up the pros and cons before making their decision. Where the council or a Standing Committee is hearing formal submissions at a hearing elected members should carefully avoid prior public comments which show a predetermined bias or non flexible attitude.

3.2 Decisions are made at various levels within the council. 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.

3.3 The council is required to make decisions that take into account and balance the various needs and preferences of its residents. Good decision making requires considered advice that addresses relevant matters and consequences.

3.4 The council should only make decisions at council meetings on those matters that are accompanied by management reports that address the considerations outlined in paragraph 3.7. While the council may hear submissions and delegations, and, within the limits of the legislation, discuss matters raised from the floor of the meeting, no decisions should be made unless the matter is accompanied by a written management report.
3.5 Similarly, Standing Committees of the council will only make decisions at official committee meetings where the item to be considered is accompanied by a management report that addresses the considerations outlined in paragraph 3.6.

3.6 Where an item of urgency arises which legitimately can be decided in terms of paragraph 3.8 and the timing precludes the preparation of a management report, the presiding member will call for a verbal report from the relevant manager.

3.7 In providing advice on such matters management will ensure that accompanying reports address the significant implications arising from any proposed recommendations, such as fiscal, environmental and/or social implications. Management will strive to ensure that advice meets relevant quality standards in all cases. (See Appendix 1 for example of the quality assurance process.)

3.8 Matters not on the agenda will only be dealt with in accordance with section 46A(7) or (7A) of the Local Government Official Information and Meetings Act 1987. This means that minor matters relating to the general business of the council may 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. Otherwise late 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.

3.9 The above requirements will also be taken into account when agendas are set for meetings of the council and its committees. As a rule items should be raised with the Chief Executive Officer and identified sufficiently far in advance to allow management to provide the accompanying analysis and advice.

3.10 While the council (the corporate body made up of all the elected members) is ultimately accountable, its function is not to make detailed decisions on operational matters. The council, committee structures and members day to day dealings with the Chief Executive Officer should recognise the statutory responsibilities of the Chief Executive Officer for the effective management of the council.Return to top


4. BEHAVIOUR OF MEMBERS
4.1 All elected members should insist on the respect and dignity of their office in their dealings with each other, management and the public. Elected members should remember that they have no personal power to commit the council to any particular policy or course of action or expenditure. That can only be done by resolution at a meeting of the council or a committee with delegated authority.

4.2 Councillors who have concerns regarding management matters should not raise them with any employee other than the Chief Executive, and at all times their dealing should be through the Chief Executive. Should an elected member have a concern and not be satisfied with the response of the Chief Executive the committee or council process should be used to address the concern. That way elected members will be properly informed, particularly if any public explanation or comment is required. Statements that are contentious should be raised only after consultation with the Chief Executive Officer.

4.3 Elected members, not officers, bear the ultimate responsibility for decisions made by themselves and by officers. Elected members should ensure that the anonymity of individual officers is preserved and should not comment publicly on the management or staff of the New Plymouth District Council.

4.4 When a decision has been made by the council, and the decision is contrary to a particular elected member's point of view, any statement made by that elected member should make it clear that it represents a minority or personal view.

4.5 Elected members should act in good faith (ie. honestly, for the proper purpose, and without exceeding their powers) in the interests of the council and the community.

4.6 Elected members should make no allegations which are improper or derogatory. In the performance of their official duties they should refrain from any form of conduct which may cause any reasonable person unwarranted offence or embarrassment.

5. DRESS CODE
When attending meetings of the council, its standing committees and civic functions, or when representing the council at any event, council members should maintain an appropriate high standard of dress.

6. EXTERNAL COMMUNICATIONS
6.1 Within the limits imposed by standing orders, at any meeting of the council (or at any committee), every elected member (who has the right to speak at the meeting) has the right to express their opinion on any matter lawfully before the meeting. Once a matter has been lawfully determined at a meeting of the council, it determines the council's position on that matter until it is lawfully changed by a subsequent decision of the council. All elected members and management will respect this position.

6.2 The council will be proactive in disseminating information to the community through the media

6.3 Public statements representing the council policy or reporting decisions of the council will be made only with specific or general authority of the council, in accordance with the media policy of the council and will clearly state the person's authority for making the statement on behalf of the council.

Generally under the media policy:

• The Mayor is authorised to make statements accurately reporting decisions of council meetings.
• Committee chairpersons are authorised to make statements accurately reporting decisions of their committees, and factual statements relating to decisions of the council or its committees.
• The Chief Executive Officer is authorised to make statements relating to any of the areas for which the Chief Executive Officer has statutory responsibility.
• Department and divisional managers may make factual statements relating to the functions of their departments
• Otherwise the Chief Executive, Mayor, or any elected member or officer may make specific statements on behalf of the council only with the specific authority of the relevant council, committee or subcommittee meeting.

6.4 The Mayor may deal with the news media and make public statements relevant to the non-statutory role as a community leader, only where it is clearly stated that the views expressed are the Mayor's own and are not made on behalf of the council. No statements made in this capacity shall undermine any existing policy or decision of the council.

6.5 Elected members are entitled to make public statements expressing their opinion on matters before the council. All such statements should clearly state that they represent the personal opinion of the elected member and are not made on behalf of the council. No such statements should criticise the conduct of the council, other elected members or officers of the council nor should it undermine any existing policy or decision of the council.

6.6 The Chief Executive Officer, management and staff should not comment publicly on the performance of the council or elected members.

6.7 Confidential information
Elected members have the responsibility to see that whenever possible business is conducted in "open" meeting. Powers to exclude the public should be used only where absolutely necessary and for the reasons permitted by law. Business conducted where the public is excluded remains confidential and should not be disclosed to the public until either the council decides by resolution to make it public or the Chief Executive Officer 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, any information of a confidential nature will not be communicated. It is a grave betrayal of trust to disclose information while it is confidential or use such confidential information for private gain.Return to top


7 INTERNAL COMMUNICATIONS
7.1 The Mayor, Standing Committee Chairs and Chief Executive Officer will meet informally (perhaps monthly) to maintain and promote effective communication. The function of these meetings is to ensure that all parties are familiar with the work being carried out by each; to improve co-ordination; and to ensure the business of the council and its committees is conducted in a timely and effective manner

7.2 Elected members will provide reports on their attendances on behalf of the council (refer to section 9).

7.3 All meeting agendas will be finalised by the Chief Executive Officer or Departmental Manager in consultation with the presiding member (the Mayor in the case of council meetings, the relevant committee chair in the case of committee meetings). Agendas will include reference to any deputations to be received at the meeting.

8 PUBLIC DUTY
8.1 Elected members have a responsibility to the whole community of New Plymouth District.

8.2 Members who are elected on a ward or constituency basis have a special duty to that ward and will be expected to undertake local functions, and represent local issues and the constituents but not to the detriment of their district wide responsibilities.

8.3 Actions of all elected members may need to be justified to the public. The reputation of the council is dependent on elected members' conduct, and the public perception of this conduct.

9 DISCLOSURE OF PECUNIARY AND OTHER INTERESTS
9.1 The law makes specific provision requiring the elected member to disclose pecuniary (financial) interest. But interests which are not pecuniary can be just as important. Family connections, kinship, friendship, membership of an association, society, company or trade union, trusteeship and many other kinds of relationships can influence members' judgement and may give the impression that an elected member might be acting for personal motives. A good test is to consider whether others would think that the interest is of a kind to make this possible. If members are in doubt, disclose the interest, seek advice from the Chair or CEO and if necessary withdraw from the meeting.

9.2 A member or some firm or organisation with which the elected member is personally connected may have professional, business or personal interest within the area for which council is responsible. Such interests may be substantial and closely related to the work of one or more of the council's committees or subcommittees, concerned with (say) planning or developing land, personnel matters, or the letting of contracts for supplies, services or works. Before seeking or accepting membership and particularly the chairing of any such committee or subcommittee, that member should seriously consider whether membership would involve them:
a) In disclosing an interest so often that the member would be of little value to the committee or subcommittee; or
b) In weakening public confidence in the impartiality of the committee or subcommittee.

9.3 The principles about disclosures of interest should be borne in mind with regard to unofficial relations with other elected members, at informal occasions no less scrupulously than at formal council or committee meetings.Return to top


10 REPRESENTING THE COUNCIL
10.1 Elected members who are invited or wish to represent the council at an event such as a seminar or conference, must meet the following conditions:

• The council or the appropriate standing committee must approve any requests involving members travelling outside the Taranaki/New Plymouth District as a council expense.
• The cost of representation must be within the annual budgeted figure for such activities unless the council makes specific authorisation for additional expenditure.
• Following his or her attendance, the member must forward a written report to the council, or appropriate Standing Committee, which summarises the event including its potential significance to the business of the New Plymouth District Council. Where the council is represented by a delegation, one member of the party will report back on their behalf.

10.2 These requirements apply to situations where members will be participating as representatives of the New Plymouth District Council. They do not apply to situations where members attend in a private capacity. In such cases the member may wish to report to the council on items of interest or general value.

11 REVIEW
11.1 This code shall be reviewed by the council immediately prior to the end of each three year term and any suggestions for improvement or recommended amendments be noted and referred to the new council.

11.2 This code, together with any suggestions or recommended amendments made by the former council in pursuance of paragraph 11.1, shall be considered by each new council as soon as possible after the triennial election and with any amendments reconsidered and formally adopted by the council.

12 IMPLEMENTATION
12.1 This code is intended to provide guidance to elected members and management in their relationships and the exercising of their functions and duties. It should be read in conjunction with, and does not replace, the obligations set out in the Local Government Act, the Local Government Official Information and Meetings Act 1987, any other Act and the Council Standing Orders.

12.2 The parties to this code agree to abide by its provisions at all times having regard to the declaration of office and council policy.Return to top


13 COMMUNITY BOARD MEMBERS/CO-OPTED MEMBERS
The obligations of co-opted members and Community Board Members are generally the same as for councillors.

Appendix One: POLICY QUALITY
The following guidelines will be applied as appropriate to ensure that the advice provided by management to the council and its committees meets accepted quality standards.
To the extent that they are relevant and appropriate to the particular case, the following eight tests will be applied to all work produced:

• Clear purpose - papers set out clearly what is to be addressed, the background, land status (if appropriate).
• Flow logically - arguments are set out coherently, the reader is taken logically through the arguments, all conclusions are justified and recommendations arise from the arguments in the paper.
• Accurate - claims made are justifiable, facts are accurate, references can be identified.
• Timely - work is produced to agreed timelines; any delays are signaled in advance and re-negotiated; parties are given the longest possible time to provide input.
• Provides assessed options - alternative options for action are identified; implications and consequences of options are explored; options are linked to strategic goals and outcomes.
• Reflects consultation - work is based on good consultation practice as defined; all views are canvassed and taken into account; consultation practice includes stakeholders as well as membership and staff (where appropriate for internal processes).
• Proposals practical as to implementation - proposals put forward have been tested for workability and likelihood of being achievable in application.
• Material clearly presented and error free - material is presented in a modern professional style, free of gender bias, and with a minimum of jargon.
• Costs/savings are identified - both in terms of financial and social costs/savings.

The New Plymouth District Council Code of Conduct was adopted by the council on 10 December 1998.Return to top