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This code of conduct was adopted by Fairford Town Council at its Meeting held on April 14th 2009 and is supplementary and subordinate to the provisions of the Local Authorities Model Code of Conduct 2007.
GENERAL OBLIGATIONS:
1. A member must observe Fairford Town Council’s code of conduct whenever he/she:
(a) conducts the business of the Council;
(b) conducts the business of the office to which he/she has been elected or
appointed; or
(c) acts as a representative of the Council. 2. A member must:
(a) promote equality by not discriminating unlawfully against any person;
(b) treat others with respect; and
(c) not do anything which compromises or which is likely to compromise the impartiality of those who work for, or on behalf of, the Council 3. A member must not:
(a) disclose information given to him/her in confidence by anyone, or
information acquired which he/she believes is of a confidential nature,
without the consent of a person authorised to give it, or unless he/she is
required by law to do so;
(b) prevent another person from gaining access to information to which
that person is entitled by law;
(c) conduct himself/herself in a manner which could reasonably be regarded as bringing his/her office or authority into disrepute;
(d) must not in his/her official capacity use his position as a member improperly to secure for him/herself or any other person an advantage/disadvantage.;
(f) undermine the Town Clerk and her role.
COLLECTIVE RESPONSIBILITY 4. (a) A member when representing the Council in an official capacity must act in accordance with the requirements and decisions of the Council, irrespective of their personal view. If the member is unable to do so, they must declare this to the Town Clerk and stand down from the position in which they are being asked to represent the Council. Correspondingly, any Councillor has a right to expect the support of the full council unless they are deliberately seen as contravening Council policy.
(b) If a member wishes to convey the views of the Council to a public body (such as the newspaper), he/she must first obtain the authority of the Mayor or Deputy Mayor. If he/she is making a personal observation, he/she should make it clear that they are writing in a personal capacity.
COMPLAINTS 5. Complaints from One Councillor against Another. A councillor can if he/she becomes aware of any conduct by another councillor which he/she reasonably believes involves a failure to comply with the authority’s code of conduct, make a written allegation to that effect to the Local Monitoring Officer for the Standards Board of England, contactable via Cotswold District Council. 6. Complaints from The Public (a) If a complaint about procedures or administration is notified orally to a Councillor or the Clerk and they cannot satisfy the complainant fully forthwith, the complainant shall be asked to put the complaint in writing
to the Clerk and be assured that it will be dealt with promptly after receipt.
(b) If a complainant prefers not to put the complaint to the Clerk he/she
shall be advised to put it to the Mayor.
(c) On receipt of a written complaint, the Clerk or Mayor, as the case
may be, shall (except where the complaint is about his or her own actions) try to settle the complaint directly with the complainant but shall not do so in respect of a complaint about the behaviour of the Clerk or Councillor without first notifying the person complained of and giving an opportunity for comment on the manner in which it is intended to attempt to settle the complaint.
(d) Where the Clerk or Mayor receives a written complaint about his or her own actions he or she shall forthwith refer the complaint to the Council and be given an opportunity to comment.
(e) If the complaint relates to the behaviour of a Councillor where it could be deemed if proven that the Councillor is in breach of the Code of Conduct, the complainant will be advised to contact the Local Monitoring Officer for the Standards Board of England, contactable via Cotswold District Council.
(f) The Clerk or Mayor shall report to the next meeting of the Full Council any written complaint disposed of by direct action with the complainant.
(g) The Clerk or Mayor shall bring any written complaint which has not been settled to the next meeting of the Full Council and the Clerk shall notify the complainant of the date on which the complaint will be considered, and the complainant shall be offered an opportunity to explain the complaint orally (unless such a matter may be prejudicial).
(h) All complaints are initially reviewed at meetings from which the Public/Press are excluded. The subject of the complaint (though they will have been advised of the general nature) will not be advised of the specifics and are also not allowed to attend.
(i) As soon as may be after the decision has been made, it and the nature of any action to be taken shall be communicated in writing to the complainant.
(j) Fairford Town Council shall defer dealing with any written complaint only if it is of opinion that issues of law or practice arise on which advice is necessary. The complaint shall be dealt with at the next meeting after the advice has been received.
(k) The Council shall at all time look to protect Councillors’ unnecessary upset from what it deems to consider vexatious or malicious complaints. INTERESTS PERSONAL INTERESTS 7. You have a personal interest in the business of the council where: (a) It relates to or is likely to affect
i) any body of which you are a member or in a position of general control or management and to which you are appointed or nominated by the Council.
ii) any body of which you are a member or in a position of control of management of.
(iii) any employment or business carried on by you;
(iv) any person or body who employs or has appointed you;
(v) any person or body, other than a relevant authority, who has made a payment to you in respect of your election or any expenses incurred by you in carrying out your duties;
(vi) any person or body who has a place of business or land within Fairford Parish, and in whom you have a beneficial interest in.
(vii) any contract for goods, services or works made between your authority and you or a firm in which you are a partner, a company of which you are a remunerated director.
(viii) the interests of any person from whom you have received a gift or hospitality with an estimated value of at least £25;
(ix) any land in your authority’s area in which you have a beneficial interest;
(x) any land where the landlord is your authority and you are, or a firm in which you are a partner, a company of which you are a remunerated director, or a person or body of the description specified in paragraph (vi) is, the tenant;
(xi) any land in the authority’s area for which you have a licence (alone or jointly with others) to occupy for 28 days or longer; or (b) a decision which might reasonably be regarded as affecting your well-being or financial position or the well-being or financial position of a relevant person to a greater extent than the majority of other council tax payers, ratepayers or inhabitants of the parish of Fairford, affected by the decision. (c) the relevant person is a
(i) a member of your family or any person with whom you have a close association;
(ii) any employment or business carried on by such persons;
(iii) any person who employs or has appointed such persons, any firm in which they are a partner, or any company of which they are directors;
iv) any corporate body in which such persons have a beneficial interest in a class of securities exceeding the nominal value of £5,000
DISCLOSURE OF PERSONAL INTERESTS
8. A member with a personal interest in a matter who attends a meeting of the council at which the matter is considered must disclose to that meeting the existence and nature of that interest at the commencement of that consideration, or when the interest becomes apparent. A member who declares a personal interest may take part in the meeting and vote. PREJUDICIAL INTERESTS 9. A Councillor with a personal interest in a matter also has a prejudicial interest in that matter if the interest is one which a member of the public with knowledge of the relevant facts would reasonably regard as so significant that it is likely to prejudice the member’s judgement of the public interest. A Councillor may regard himself as not having a prejudicial interest in a matter if that matter is not of a financial and regulatory nature and relates to: (a) another relevant authority of which he is a member;
(b) another public authority in which he holds a position of general control or management;
(c) a body to which he has been appointed or nominated by the Council as its representative. 10. A Councillor with a prejudicial interest in any matter must: (a) withdraw from the room or chamber where a meeting is being held whenever it becomes apparent that the matter is being considered at that meeting.
(b) not seek improperly to influence a decision about that matter.
REGISTER OF COUNCILLOR INTERESTS 11. Within 28 days of the provisions of an authority’s code of conduct being adopted or applied to that authority or within 28 days of his/her election or appointment to office (if that is later), a councillor must register his/her financial interests in the authority’s register maintained under section 81(1) of the Local Government Act 2000 by providing written notification to the monitoring officer of the responsible authority of: (a) any employment or business carried on by him/her;
(b) the name of the person who employs or has appointed him/her, the name of any firm in which he/she is a partner, and the name of any company for which he/her is a remunerated director;
(c) the name of any person, other than a relevant authority, who has made
a payment to him in respect of his election or any expenses incurred by him/her in carrying out his duties;
(d) the name of any corporate body which has a place of business or land in the authority’s area, and in which the member has a beneficial interest in
a class of securities of that body that exceeds the nominal value of £25,000 or one hundredth of the total issued share capital of that body;
(e) a description of any contract for goods, services or works made
between the authority and himself or a firm in which he is a partner, a
company of which he is a remunerated director, or a body of the
description specified in sub-paragraph (d) above;
(f) the address or other description (sufficient to identify the location) of
any land in which he has a beneficial interest and which is in the area of
the authority;
(g) the address or other description (sufficient to identify the location) of
any land where the landlord is the authority and the tenant is a firm in
which he is a partner, a company of which he is a remunerated director;
or a body of the description specified in sub-paragraph (d) above; and
(h) the address or other description (sufficient to identify the location) of
any land in the authority’s area in which he has a licence (alone or
jointly with others) to occupy for 28 days or longer.
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Town Council 