JNCC Code of Conduct

JNCC CODE OF CONDUCT

INTRODUCTION

This policy sets out the standard of conduct and behaviour expected from all staff within JNCC. All staff should familiarise themselves with the contents of this Code and should act in accordance with the principles set out in it. It should not be regarded in isolation but should be interpreted in the context of all other JNCC policies, with particular reference to those relating to ‘Disciplinary Procedures’, ‘Whistleblowing’ and ‘JNCC’s IT Security and Privacy Policy Document’. Breaches of the required standards of conduct may result in disciplinary action, which could include dismissal.

PRINCIPLES

JNCC staff are not civil servants but must be, and be seen to be, honest and impartial in the exercise of their duties. Therefore they should:

· not misuse information that they acquire in the course of their official duties or disclose information that is held in confidence;

· not make use of their official position to further their private interests or those of others. Conflicts of interest may arise from financial or other interests with individuals or groups who share a JNCC staff member’s private interests (e.g. membership of societies, voluntary groups, clubs or other organisations, and family). Where a conflict of interest arises, JNCC staff must declare an interest by putting this in writing to Personnel, through their line manager, so that the best way to proceed can be determined;

· not receive gifts, hospitality or benefits of any kind from a third party which might be seen, by those outside the organisation, to compromise their personal judgment or integrity; and

· not take part in any political or public activity that compromises, or might be seen to compromise, their impartial advice or service to the Government of the day or to any future Government;

· endeavour to ensure the proper, economical, effective and efficient use of resources.

STANDARDS OF BEHAVIOUR

As a member of staff of JNCC you are expected to conduct yourself with integrity, impartiality and honesty. In addition, you must be seen to be beyond the reach of any suspicion of dishonesty or impropriety. It is important that you read and act in accordance with the principles set out in this policy. You should retain impartiality in matters of public and political controversy and carry out your duties professionally, efficiently, promptly and without bias. All staff should familiarise themselves with the expected standards of behaviour in Annex A.

CONFIDENTIALITY AND DISCLOSURE OF INFORMATION

As an employee of JNCC you are required to observe certain rules of confidentiality regarding information to which you have access, either as a line manager or in the course of your work.

You are, therefore, required to protect official and personal information that is held in confidence or that is intended for JNCC use only. You must not disclose information of this type, either orally or in writing, to anyone not authorised to receive it. Breaches of confidentiality are considered to be disciplinary matters and may be treated under the disciplinary procedures. However, JNCC does have certain obligations under the Freedom of Information Act 2000 and the Environmental Information Regulations 2004 to provide information when requested, although certain information, particularly of a sensitive or confidential nature, is exempt from these restrictions. You should liaise with your manager and/or the Business Unit if any advice on this matter is required.

You are expected to observe this duty of confidentiality after you leave JNCC’s employment.

You should also be aware of your obligations under the Data Protection Act 1998, which regulates when and how information relating to individuals may be obtained, held, used and disclosed. The Act states that:

· it is an offence to knowingly access, use or disclose either computerised or manual personal information for purposes other than those directly connected with your work;

· individuals may be subject to criminal liability if they knowingly or recklessly disclose personal data without consent.

For further information on this Act, please see the Data Protection policy.

For clarification of your responsibilities when arranging for articles to be published; giving speeches or lectures; dealing with the media; or participating in research projects and surveys, please see Annex B.

TRADE UNION REPRESENTATIVES

You do not need permission to take part in activities organised by, or on behalf of, your Trade Union, but you are still governed by the restrictions on the use of official information, except in the circumstances described in the following paragraph.

You do not need permission if, as an elected representative, you are publicising union views on an official matter which, because it directly affects the conditions or service of members of the union as employees, is of legitimate concern to them.

However if, in a Trade Union capacity, you are commenting on JNCC policy, you must make it clear that you are expressing views as a representative of the union and not as a member of JNCC staff.

CONFLICTS OF INTERESTS

You must not use your position as an employee of JNCC to further your own private interests or those of your family, friends or other acquaintances. Neither must you put yourself in a position that might give rise to suspicions of so doing.

You must declare to your manager (Grade S or above) any business interest that you or your immediate family (including partner where relevant) hold which could be furthered, or be seen to be furthered, through your official position with JNCC. In addition to this a declaration of interest form must be completed and lodged in the register of interests held by the finance dept.

If, through your work with JNCC, you become involved in any matter relating to a business organisation in which you have a personal interest, you must disclose that interest to your line manager immediately so that a colleague can be assigned to deal with the matter.

In carrying out your job with JNCC, you must not take part in any financial matter that involves dealing with a relative/partner or friend, such as in contributing to the determination of discretionary funding or a contract. To do so could be construed as showing favour and would conflict with your responsibility to maintain the impartiality of JNCC and its staff. If such a situation arises, you must advise your line manager immediately so that a colleague may be assigned to deal with the matter.

All staff must ensure that they adhere to these rules; if your job involves tendering procedures, it is particularly important that all your actions are seen to be in accordance with the rules.

If you have a shareholding, which, as a result of your position in JNCC, you would be able to further, and which might therefore raise the question of a possible conflict with the interest of JNCC, you must seek guidance from your line manager about the propriety and desirability of retaining the shareholding.

Please see Annex C for further clarification on your responsibilities when:

v you are to hold office in a voluntary body;

v carrying out private occupations and activities;

v accepting business appointments within 2 years of leaving JNCC applies to Senior Civil Servants only;

v receiving offers of employment while employed by JNCC;

v offered additional payment for work carried out under official arrangements.

ACCEPTANCE OF GIFTS, HOSPITALITY, AWARDS OR PRIZES

Your working relationships will bring you into contact with outside organisations, and it is recognised that JNCC needs to build and maintain contacts with outside partners. Such contacts sometimes give rise to the offer of gifts and/or hospitality because it is normal business practice or social convention to do so.

JNCC staff are required to be, and be seen to be, honest and impartial in the exercise of their duties. They must not allow their judgment or integrity to be compromised in fact or by reasonable implication. This means that you must not make use of your position in JNCC to further your interests, or receive gifts, hospitality or benefits of any kind from a third party, which might be seen to compromise your personal judgment or integrity.

Any hospitality or gifts received of an equivalent value of £25 or greater must be recorded in the JNCC Registers of Gifts and Hospitality, which are held in both in Aberdeen (admin office) and Peterborough (finance section).

For further clarification of your responsibilities when accepting gifts, hospitality and awards, please see Annex D.

PRIVATE FINANCIAL AFFAIRS

Borrowing or Lending Money

Staff may not conduct or represent a money lending business or lend money to another member of staff at interest. The borrowing or lending of money by members of staff among themselves is to be discouraged.

Borrowing or attempting to borrow money from a member of the public or of any organisation with whom you are brought into contact during the course of your duties with JNCC is prohibited and may lead to disciplinary action which could result in dismissal.

Gambling

Betting and gambling on official premises is forbidden. However, small-scale lotteries for small prizes and where any proceeds are to be given to charity may be held on official premises.

Bankruptcy and Insolvency

You must tell your line manager if you are insolvent, or are declared bankrupt. You may then be asked for a full statement of your financial affairs. While it is being considered, you will remain in post unless there is evidence that JNCC funds are involved, in which case you will be suspended from work.

If it is suspected that you have acted discreditably or dishonestly, disciplinary action that could lead to dismissal will be taken.

Investments

Staff may freely invest in shareholdings and other securities unless the nature of their work is such as to require constraints on this. They must not be involved in taking any work decision that could affect the value of their private investments, or the value of those on which they give advice to others, or use information acquired in the course of their work to advance their private financial interests or those of others.

REPORTING OF ARRESTS OR CONVICTIONS ON A CIVIL OR CRIMINAL CHARGE

Staff must inform the Head of Personnel if they are arrested or if they are convicted of any criminal offence. In the latter case, details of the penalty incurred must also be given. This does not apply to traffic offences unless a JNCC car was involved, or unless the penalty included imprisonment or disqualification from driving.

POLITICAL ACTIVITIES

Staff owe their allegiance to JNCC. In its executive capacity, the authority of JNCC is exercised through the Government of the day. Staff must, therefore, discharge loyally the duties which are given to them by JNCC under the daily constituted government of the day of whatever political persuasion. For JNCC to serve successive Governments of different political persuasions, Ministers and the public must have confidence that the personal political views of staff do not affect the discharge of their official duties. The purpose of the rules governing political activities of staff is to allow staff the greatest possible freedom to take part in public affairs without infringing these fundamental principles. The standards set out in Annex E must be followed. In addition, staff at Grade 7 or higher are subject to restrictions on political activities when not on duty (see Annex E)

Please see Annex E for clarification of the rules governing political activities of JNCC staff.

Under the Copyright, Design and Patents Act 1988, all copyright works, designs, texts, records, administrative and financial materials and systems, made, written or designed or originated by you during the course of and in connection with your appointment with JNCC will remain the property of JNCC. Copyrights created by you outside working hours on a private basis, and not exclusively relating to JNCC, remain your own property.

Prior permission must be obtained through your manager (grade S or above) for the reproduction of JNCC copyright material whether in an official or unofficial publication.

OFFICE RULES

All staff should familiarise themselves with the contents of Annex F, which provides guidance and clarifies the rules regarding the following:

v Trading on JNCC premises;

v Staff discounts;

v Safe keeping of official documents and JNCC equipment;

v Use of JNCC equipment including stationery, etc;

v Private use of JNCC telephones, faxes and IT systems;

v Use of personal mobiles

v Precautions again fire

v Damage to premises

v Staff Clubs e.g. car parking club