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Code of Ethical Standards
Code Statement
1.1 The public expects a high standard of conduct from all local government employees. This Code sets out the minimum standards which are expected of all employees of Stirling Council. The Code also incorporates "The Seven Principles of Public Life" identified by the Nolan Committee on Standards in Public Life, and has been developed in line with COSLA guidance and in consultation with management and trades unions at Stirling Council.
1.2This Code does not affect the rights and responsibilities of employees under the law. Its purpose is to provide clear standards of conduct. Those employees who have any difficulties in meeting the standards of the Code you should approach their line manager in the first instance, and then a member of the Service Human Resources team or trade union official for further advice and assistance.
1.3Employees who wish to review any of the associated policies that are referred to in this Code and do not have intranet access, should contact their line manager or Service HR team in order to obtain the relevant information.
- Scope and Implementation
This Code applies to all employees within Stirling Council.
Every employee will be issued with a personal copy of this Code. New employees will be issued with a copy of the Code during their induction. As employees are expected to comply with the Code, employees should be familiar with its contents and if required seek advice and guidance from their line manager or Human Resources team.
- Principles
The Principles of Public Life are: -
3.1Selflessness:Employees should not take decisions which will result in any financial or other benefit to themselves or family and friends. Workplace decisions should be based solely on the Council’s best interests.
3.2 Integrity:Employees should not place themselves under any financial or other obligation to an individual which might influence employees in their work with the Council.
3.3Objectivity:In carrying out Council business, including making appointments, awarding contracts, or recommending individuals for awards or benefits, employees must make choices solely on merit.
3.4Accountability:Employees are accountable for their actions to the Council as their employer.
3.5Openness:Employees should be as open as possible in all the decisions and actions taken. Reasons should be given for decisions and information should not be restricted unless this is clearly required by Council policy, by the law or when public interest demands. This should however be balanced with the duty on every employee to respect the confidentiality of information which comes into their possession in the course of their work, as is highlighted in Section 7.1.
3.6Honesty:Employees have a duty to declare any private interests that might affect their work with the Council.
3.7 Leadership:Those employees in a supervisory position, must promote and support these principles by leadership and example and maintain and strengthen the trust and confidence in the integrity of the Council and its employees.
3.8 Respect: In accordance with the Code of Conduct, which
highlights behavioural standards through “Rights and Responsibilities” as employees of Stirling Council, employees must respect all other Council employees, Councillors, users of Council services and the general public and treat them with courtesy at all times.
4.Personal Conduct
4.1Pleasebe aware that behaviour during working hours and in some cases outwith working hours reflects on the image of the Council. Employees are expected to conduct themselves in a positive manner which also reflects the principles of the Council’s policies and procedures. These include the Code of Conduct, the Customer Care Code, the Drug and Alcohol Policy, the Dignity at Work Policy, the Internet Policy and the Equal Opportunities in Employment Policy. Please note that this is not an exhaustive list of policies.
4.2If an employee is arrested or convicted of a criminal offence which may impact on ability to perform work duties, the employee must advise their line manager immediately. If employed in a post which is exempted from the provisions of the Rehabilitation of Offenders Act, employees must advise their manager in the event you have been charged with a criminal offence. Please note that in certain cases the police have an obligation to inform Stirling Council directly as the employer of the arrest or of an impending criminal investigation.
4.3If working in an occupation with professional standards and codes of conduct and are required to register with a professional organisation, employees should be aware that the Council may have a statutory requirement to inform the regulating body of any misconduct and, for some bodies, any investigation into misconduct. If this statutory requirement is applicable to the employee’s post, the line manager will advise the employee in the event of information being passed onto the regulating body.
4.4Employees living within Stirling Council’s area, like all other residents, have an obligation to make any payments due to the Council in good time. If experiencing difficulties in making payment, helpful advice is available from various sources such as the Payroll Office, Income Maximisation Officers, Council Tax, and Human Resources.
4.5 All employees must comply with this policy, as a breach of these standards may result in disciplinary action being taken.
5.Dress Code
5.1The Council requires employees to adopt reasonable dress standards related to the type of work being undertaken. Each Service may have specific reasonable requirements about personal appearance and dress standards. This may include wearing Corporate/Service clothing that is provided.
5.2Employees must carry their IDbadge at all times while at work.
5.3The Council recognises the diversity of cultural traditions and will take account of this when discussing standards of dress.
5.4Where protective and safety clothing is provided, this must be worn and maintained in an appropriate manner. Failure to do so is a direct breach of the Health and Safety Policy.
- Relationships
6.1Elected Members
6.1.1The Ethical Standards in Public life etc. (Scotland) Act 2000 introduced a new ethical framework in Scotland, key elements of which are statutory Codes of Conduct for Elected Members and a Protocol for relations between Councillors and Employees. The Act underlines a strong commitment to the promotion of high standards in public life which are at the heart of decision-making in Scotland. It is a requirement of the Council’s Code of Corporate Governance (which is audited annually by External Audit) that the Council has in place a local code of conduct which takes account of the provisions of the 2000 Act.
6.1.2As employees go about the Council’s business, the Council’s Protocol/Ethical Code should guide behaviour towards Councillors. The Protocol, also sets out how Councillors should behave towards employees.
6.1.3An atmosphere of trust and respect between Councillors and Officers is essential to good local government, with neither party seeking to take unfair advantage of their position. Employees of the Council have a legal, and may also have a managerial, responsibility to the Council and not to any individual Councillor or party Groups. The role of the employee is to provide advice and carry out those duties which have been delegated/allocated to them in line with the Council’s Standing Orders and Scheme of Delegation.
6.1.4It is clearly important, however, that there should be close, professional working relationships between Senior Officers in particular, and Chairs of Committees and other Senior Elected Members, such as the Leaders of the respective Groups. However, close or personal familiarity between individual Councillors and officers can damage working relationships and could be perceived wrongly or be embarrassing to others. Relationships should never be allowed to become so close, or appear to be so close, as to bring into question employees’ ability to deal impartially with other Councillors.
6.1.5The important thing to remember is that employees are first and foremost accountable to the Council through their line manager. Any issue of conflicting priorities, conduct or performance should be referred to their manager immediately so that appropriate guidance and support can be offered.
6.2The Public and Service Users
Employees may have contact with members of the public, service users, clients or citizens, and should always behave with integrity and in a professional manner. This includes being clear, open and honest. Each member of the public should be treated fairly, equitably and consistently, in accordance with the principles of the Council’s Equalities Policy Framework.
6.3 Conduct towards Colleagues
Employees should also respect each other and behave in an appropriate manner and in accordance with the provisions of the Council's Policies on Equal Opportunities and the Code of Conduct.
6.4 Partner Organisations
6.4.1The Council is committed to community planning as a foundation for partnership working with partner organisations in the public, private, community and voluntary sectors. The Council is the facilitating body in the Stirling Community Planning Partnership and undertakes its statutory duty with diligence.
6.4.2The Community Planning Partnership has agreed a Terms of Reference Document which outlines the responsibilities of all partners and their individual and collective duties to engage in the process.
6.4.3It is necessary for employees to adhere to the Council’s governance regime and the authority under which they operate in terms of delegated powers in taking or contributing to decisions when representing the Council on Partner or Joint Bodies.
6.4.4In accordance with its commitment to Community Planning, the Council is
developing an increasing number of shared policies and practices. As far as is possible, these involve shared approaches to organisational development, information sharing and staff development.
6.4.5The Council is also committed to the National Standards for Community
Engagement, again as part of its Community Planning responsibilities.
6.4.6Under the general Community Planning Terms of Reference, specific protocols will require to be developed in particular circumstances. To avoid duplication and confusion, these will be as closely aligned as is practical, and will only be developed in response to unmet need. Chief amongst these currently are the emerging Community Health Partnership and the joint responsibilities under the Anti-Social Behaviour etc. (Scotland) Act 2004.
7.Confidentiality
7.1General Duty
7.1.1Every employee is required to respect the confidentiality of information which comes into their possession in the course of their work. This applies equally when employees are at work and in their own time. Confidential information may relate to service users, other employees and certain other Council matters, for example tendering and contracts. Releasing confidential information is a very serious matter, and employees should check with their line manager if it is appropriate to give the information before giving information to a third party.
7.1.2The Council is bound by the provisions of the Data Protection Act (further details are also found in Section 11.2) in respect of any personal information it holds which relates to individuals. There is a general duty that personal information shall be obtained and processed fairly and lawfully and held for one or more specified and lawful purpose. There are specific restrictions on the use and disclosure of such information and guidance should be sought from the Council’s Information Compliance Officer, based in Strategy and Governance, Corporate Services.
7.1.3This general duty of confidentiality has to be balanced against the Council’s responsibilities under The Freedom of Information (Scotland) Act 2002, which requires the Council to be as open as possible, and the Protection of Children (Scotland) Act 2003, which places a statutory duty on the Council to make a referral to Scottish Ministers if a person working in a child care position harms a child or puts a child at risk of harm and is dismissed or moved away from access to children as a consequence.
7.2Committee Proceedings
7.2.1In carrying forward the Council's strategic aim of local democracy and community leadership the Council seeks to provide information on its decision-making process to the public in an open and accessible way. Information is provided to the public through the publication of agendas, supporting reports and minuted decisions either in hard copy or on the Council’s website.
7.2.2Although the Council seeks to take its decisions in public it is sometimes
necessary, for contractual or various other reasons, to reach decisions in private. These reasons are specified in the provisions of the Local Government (S) Act 1973, further details of which are also found in Section 11.1. If a decision has been taken in private under the provisions of this Act an Officer of the Council should not discuss the decision or supporting information in public.
7.2.3As a result of the Freedom of Information Act which came into force in January 2005, in certain circumstances such information may be madeavailable if it is requested. Any requests for information that are being considered in private by Council or Committee should be directed to the Community Governance Manager for consideration.
7.3Personal Information Relating to Employees
Employee information which is retained by the Council, for example home addresses and next of kin, should not be passed on to any third party without the prior consent of the employee. This will not apply however, where there is a statutory duty to provide information, an emergency situation in which the employee needs to be contacted, or if required to do so by a Court order or warrant.
8.Political Neutrality
8.1Local Government employees should carry out their duties and serve the Council and all Elected Members in a politically neutral way and regardless of their personal political outlook. A number of posts are “politically restricted” in terms of the Local Government and Housing Act 1989, and such employees will have been advised where appropriate. In these cases, employees are disqualified from becoming or remaining a member of a Local Authority, the Scottish Parliament, the House of Commons or the European Parliament, and from carrying out certain political activities.
8.2Employees asked by an Elected Member to provide assistance with a matter which is clearly party political, or which does not have a clear link with the work of the Council, should politely refuse and explain that the matter has to be referred to their line manager. Annex C of the Protocol for Relations between Councillors and Employees should be referred to in these situations.
8.3Some employees will have a close working relationship with Elected Members of the majority group(s) which form the Administration of the Council. Political groups may seek advice from employees, in which case the following procedure should be adopted:
- The office bearers of the political group should contact the Chief Executive and outline the type of advice they are seeking.
- The Chief Executive will decide whether or not attendance at the meeting is appropriate and which employee(s) should attend.
- Once the employee has given advice to the group, he/she must leave the meeting before any decision is made.
- Strict confidentiality must be observed by the employee. The discussion in one political group must not be revealed to another.
9.Conflict of Interest
9.1 Private Interests
If an issue or item of work involves an employee’s private interests, or those of a close relative or friend, this should always be passed on to their manager, so that employees cannot be accused of putting their or their relation’s/friend’s interests before those of the Council.Employees in any doubt about the relevance of private interests, should clarify the position with their line manager.
9.2 Contracts
9.2.1Employees completing any procurement process must ensure full compliance to EU Public Procurement Directives, to Stirling Council’s Contract Standing Orders and to Best Value legislation and regulation. Compliance includes the requirement to open, transparent and accountable in every process and to ensure that discrimination of any kind is totally excluded from every process by ensuring every company is treated fairly and equally.
9.2.2Employees must not accept any gift or consideration of any kind as an inducement or reward in relation to any aspect of any contract.
9.2.3Employees have a strict obligation to notify Legal Services, in writing, where the Council has, or is about to, enter into a contract in which they or any member or their family has a personal financial interest, whether direct or indirect.
9.2.4Employees must not disclose information of a contractual or non-contractual nature or information relating to internal or external contractors to any individual or organisation. The enquiry must be directed to the officer responsible for providing the information under the requirements of the Freedom of Information (Scotland) Act 2002.
9.2.5Employees must not disclose confidential information on either internal or external contractors to any individual or organisation unless authorised to do so.
9.2.6It is inappropriate for one person to be both the client and contractor in a procurement exercise as this presents a potential conflict of interest and as such requires a separation of duties. It is important to observe that if an employees is required to open a tender they must not have responsibility for accepting and/or evaluatingany subsequent tender submissions.
9.3Membership of Private Clubs/Organisations or Work with Voluntary Groups
Those employees who are a member/volunteer with private clubs/voluntary organisations, should ensure that there is no conflict of interest regarding their job at Stirling Council. Employees concerned about a (potential) conflict of interest, or believe that a conflict of interest exists, must contact their line manager for advice. This still applies even where membership of organisations/clubs is not open to the public.
9.4The Giving of Lectures, Broadcasts, Publications and so on
9.4.1The Council will normally allow employees to accept invitations to give lectures appropriate to their professional/occupational standing. However, employees should obtain written approval (for example, via email) from their line manager.
9.4.2Any fees received for lectures, presentations, broadcasts, publications and so on given within normal working hours through the course of carrying out duties, excluding out of pocket expenses, will be paid to the Council.
9.4.3Any lectures, presentations, broadcasts or publications which are undertaken during normal working time but which are not part of employment duties must be agreed in advance with the employees’ line manager. This time off should be taken as either flexi leave or annual leave.