1.1 The public is entitled to expect the highest standard of conduct from all employees who work for local government. Confidence in the integrity of staff will be threatened by any suspicion, whether well founded or not, that staff may be influenced, in the performance of duties, by improper motives.

This Code outlines existing laws, regulations and conditions of service and provides further guidance to assist this Council and its employees in their day-to-day work. The Code is produced in the light of the challenges that employees face in the new and more commercially oriented environment. This includes Local Government Re-organisation (LGR), the introduction and extension of compulsory competitive tendering (CCT), market testing, changes in the management of the education and housing services, care in the community, management buyouts, etc.

If there is any uncertainty concerning anything in this code, employees must seek advice and guidance from their Head of Establishment, Head of Business Unit, Corporate Director, Chief Executive or Monitoring Officer, as appropriate. Employees should always check if in doubt regarding any matters relating to their conduct.

2.1 The Code sets out the minimum standards that should apply. The aim of the Code is to lay down guidelines for all Bournemouth Borough Council employees, including part-time and seasonal staff, to maintain and improve standards and protect employees from misunderstanding or criticism.

The Code is formed around the Local Government Management Board (LGMB) model which has been approved by the Local Authority Associations in England and Wales and the LGMB in consultation with those bodies listed in appendix B.

3.1 The Code applies to all Bournemouth Borough Council employees, including casual, part-time and temporary staff.

3.2 Inevitably some of the issues covered by the Code will affect senior, managerial and professional employees more than it will others. The Code is intended to cover all employees under a contract of employment within the Council, including office holders such as Registrars. Activities carried out by employees acting as members of companies or voluntary organisations are also subject to the Code.

4.1 Local government employees are expected to give the highest possible standards of service to the public and, where it is part of their duties, to provide appropriate advice to Councillors, fellow employees and the general public impartially. Employees are expected, through agreed procedures and without fear of recrimination, to bring to the attention of the appropriate level of management any deficiency in the provision of service. Employees should report to the appropriate manager any impropriety or breach of procedure.

4.2 All employees are required to comply with the Council’s Disciplinary Procedures and Rules and Grievance Procedures.

4.3 The Council expects the highest standards of conduct and integrity from all that have dealings with it. The Council is committed to the elimination of fraud and corruption, whether attempted from within the Council or by an outside individual, group, or organisation. The Council’s Statement of Anti Fraud and Corruption Strategy forms part of this Code.

5.1 It is generally accepted that open government is best. The law requires that certain information should be available to Members, Auditors, Government Departments, Service Users and the Public. The Council may decide to open other types of information. Employees should be aware of which information within their Council is open and which is not, and act accordingly.

5.2 Employees should not use any information obtained in the course of their employment for improper personal gain or benefit, nor should they pass it on to others who might use it in such a way. Any particular information received by an employee from a Councillor, member of the public or other person, which is personal to that individual and does not belong to the Council should not be divulged by the employee without the prior approval of that individual, except where such disclosure is required or sanctioned by the law.

6.1 Employees serve the Council as a whole. It follows they should serve all Councillors and not just those of the controlling group. They should ensure that the individual rights of all Councillors are respected.

6.2 Subject to the Council’s conventions, employees may also be required to advise political groups. They should do so in ways that do not compromise their political neutrality.

6.3 Employees, whether or not politically restricted, should follow every lawfully expressed policy of the Council’s and should not allow their own personal or political opinions to interfere with their work.

6.4 Political assistants appointed on fixed term contracts in accordance with the Local Government and Housing Act 1989 are exempt from the standards set in paragraphs 6.1 to 6.3.

7.1 Councillors

Employees are responsible to the Council through its senior managers. For some, their role is to give advice to Councillors and senior managers and all are there to carry out the Council’s work. Mutual respect between employees and Councillors is essential to good local government. Close personal familiarity between employees and individual Councillors can damage the relationship and prove embarrassing to other employees and Councillors. Therefore it should be avoided.

7.2 The Local Community and Service Users

Employees should always remember their responsibilities to the community they serve and ensure courteous, efficient and impartial service delivery to all groups and individuals within the community as defined by the policies of the Council.

7.3 Contractors

All relationships of a business or private nature with external contractors who are, or may in the future, supply a service to the Council should be made known to the appropriate manager. Orders and contracts should be awarded only in accordance with the Council’s Standing Orders and by fair competition against other tenders. No special favour should be shown to businesses run by, for example, friends, partners or relatives in the tendering process. No part of the local business community should be discriminated against.

7.4 Employees who engage or supervise contractors, or have any other official relationship with contractors and have previously had or currently have a relationship in a private or domestic capacity with contractors, should declare that relationship to the appropriate manager at the outset.

8.1 Employees involved in appointments should ensure that these are made on the basis of merit and equality. It would be unlawful for an employee to make an appointment, which was based on anything other than the ability of the candidate to undertake the duties of the post. In order to avoid any possible accusation of bias, employees should not be involved in an appointment where they are related to or have a close personal relationship outside work with an applicant.

8.2 Similarly, employees should not be involved in decisions relating to discipline, promotion or pay adjustments for any other employee to whom they are related or have a close personal relationship outside work.

9.1 Employees must declare to their Head of Establishment, Head of Business Unit, Corporate Director, Chief Executive and Monitoring Officer, as appropriate, details of any other paid employment or business. Such employment must not, in the opinion of the Head of Establishment, Head of Business Unit, Corporate Director, Chief Executive or Monitoring Officer, as appropriate, conflict with nor have a detrimental effect on the Council’s business. Where the Head of Establishment, Head of Business Unit, Corporate Director, Chief Executive or Monitoring Officer, as appropriate, considers that the other paid employment or business would be in conflict, he will notify the employee in writing to this effect.

9.2 No private work may be undertaken in the Council’s time, or on the Council’s premises, or on the Council’s equipment, without prior written consent of their Head of Establishment, Head of Business Unit, Corporate Director, Chief Executive or Monitoring Officer, as appropriate.

9.3 If, in the course of work resourced by the Council, an employee creates a copyright work, that work becomes the property of the Council. Similarly, if an employee’s work resourced by the Council creates a patentable invention, or creates a design capable of registration, then this will also become the property of the Council. The employee will be required to co-operate in the registration formalities. Where an employee considers that he/she is working in his/her own time, using his/her own resources in an activity related to his/her employment, to create a copyright work, patentable invention or design capable of registration, he/she will notify the Head of Establishment, Head of Business Unit, Corporate Director, Chief Executive or Monitoring Officer, as appropriate, to that effect. Discussion will then take place between the parties in order to reach agreement as to ownership of any intellectual or other property rights.

9.4 An employee may appeal against any decision made by his/her manager regarding outside commitments, including copy right work, through the grievance procedure.

10.1 Employees must declare in writing to their Head of Business Unit:

10.1.1 any financial interest which they or their relative/partner have which could conflict or be seen to conflict with the Council’s interests;

10.1.2 any financial interest which they or their relative/partner may have in any existing or proposed contract with the Council to provide services;

(NOTE: This is a requirement of Section 117 of the Local Government Act 1972. Failure to do so is a criminal offence.)

10.1.3 any non-financial interests or relationships which they or their relative/partner may have that may conflict with the Council’s interests;

10.1.4 any membership they or their relative/partner may have of any organisation or association not open to the public without formal membership and commitment of allegiance and that has secrecy about rules or membership or conduct.

10.2 For the purposes of 10.1 above, a ‘relative’ means a spouse, partner, parent-in-law, son, daughter, child of partner, brother, sister, grandparent, grandchild, uncle, aunt, nephew, niece, or the spouse or partner of any of the preceding persons and a ‘partner’ means a member of a couple who live together.

10.3 Where the employee is:

10.3.1 a Head of Business Unit declarations must be made to his Corporate Director;

10.3.2 a Corporate Director declarations must be made to the Chief Executive;

10.3.3 the Chief Executive declarations must be made to the Monitoring Officer.

10.4 Declarations must be completed using the form at Appendix 1. This may be done electronically or by hard copy.

10.5 Declarations must be recorded in a register kept by the Heads of Business Unit, Corporate Directors, Chief Executive and Monitoring Officer, as appropriate.

10.6 The Heads of Business Unit, Corporate Directors, Chief Executive and Monitoring Officer, as appropriate, shall:

10.6.1 review the Registers annually, at least;

10.6.2 ensure that new employees are asked to consider if they need to make a declaration on their first day at work as part of the Induction Process.

10.7 Employees must review, as they or their relative/partner’s circumstances change, the need to make a first declaration or to revise an existing declaration.

10.8 Employees advising the Council, the Cabinet or any Board or other body must act in the same manner as would a Member in relation to personal and prejudicial personal interests as defined in Part 2 of the Members’ Code of Conduct declaring any such interest and leaving the room in the case of any prejudicial interest.

11. Equality Issues

11.1 All local government employees should ensure that policies relating to equality issues as agreed by the Council are complied with, in addition to the requirements of the law. These are that the Council will provide equal opportunities to any employee and will not discriminate either directly or indirectly on the grounds of gender, colour, ethnic origin, trade union activity, sexual orientation, religion, marital status, disability, age, being transgender or because they are living with HIV. The Council also affirms its commitment to treat part-time staff as equitably as full-time staff.

11.2 All members of the local community, customers and other employees have a right to be treated with fairness and equity.

12.1 Employees involved in the tendering process and dealing with contractors should be clear on the separation of client and contractor roles within the Council. Senior employees who have both a client and contractor responsibility should be aware of the need for accountability and openness.

12.2 Employees in contractor or client units should exercise fairness and impartiality when dealing with all customers, suppliers, other contractors and sub-contractors.

12.3 Employees who are privy to confidential information on tenders or costs for either internal or external contractors should not disclose that information to any unauthorised party or organisation.

12.4 Employees contemplating a management buyout should, as soon as they have formed a definite intent, inform the appropriate manager and withdraw immediately from the contract awarding process.

12.5 Employees should ensure that no special favour is shown to anyone to whom they are related or have a close personal relationship outside work, or to current or recent former employees or their partners, close relatives or associates in awarding contracts to businesses run by them, or employing them in a senior or relevant managerial capacity.

13.1 Corruption is defined in the introduction to the Statement of Anti-fraud and Corruption Strategy.

13.2 Employees should be aware that it is a serious criminal offence for them corruptly to receive or give any gift, loan, fee, reward or advantage for doing or not doing anything or showing favour or disfavour to any person in their official capacity. If an allegation is made it is for the employee to demonstrate that any such rewards have not been corruptly obtained. If such an allegation is founded then appropriate action will be taken against the employee which, depending upon all the circumstances, may include dismissal.

13.3 Employees should report to their Head of Establishment, Head of Business Unit, Corporate Director, Chief Executive or Monitoring Officer, as appropriate, any corrupt offer that is made to them.

14.1 Employees should ensure that they use public funds entrusted to them in a responsible and lawful manner. They should strive to ensure value for money to the local community and to avoid legal challenge to the Council.

15.1 Employees should only accept offers of hospitality if, in the best interests of the Council, there is a genuine need to impart information or represent the Council in the community. Offers to attend purely social or sporting functions should be accepted only when these are part of the life of the community, or where the Council should be seen to be represented. It should be properly authorised and recorded.

15.2 When hospitality has to be declined, the offering person should be courteously but firmly informed of the procedures and standards operating within the Council.

15.3 Employees should not accept significant personal gifts from contractors and outside suppliers, although the Council will allow employees to keep insignificant items of token value such as pens and diaries. If in any doubt, seek advice.

15.4 When receiving authorised hospitality, employees should be particularly sensitive as to its timing in relation to decisions which the Council may be taking affecting those providing the hospitality.

15.5 The acceptance by employees of hospitality through attendance at relevant conferences and courses is only permissible where it is clear the hospitality is corporate rather than personal, where the Head of Establishment, Head of Business Unit, Corporate Director, Chief Executive or Monitoring Officer, as appropriate, gives consent in advance and is satisfied that any purchasing decisions are not compromised. Where visits to sites are required, e.g. to inspect equipment, with a view to purchase, employees should ensure that the Council meets the cost of such visits, or pays its fair share, to avoid jeopardising the integrity of subsequent purchasing decisions.

15.6 Where significant personal gifts are offered, or where hospitality has either been declined or accepted for the above reasons, then details should be entered in the Gifts and Hospitality Register, held by the Head of Business Unit Corporate Director, Chief Executive or Monitoring Officer, as appropriate.

16.1 Where an outside organisation wishes to sponsor or is seeking to sponsor a local government activity, whether by invitation, tender, negotiation or voluntarily, the basic conventions concerning acceptance of gifts or hospitality apply. Particular care should be taken when dealing with contractors or potential contractors.

16.2 Where the Council wishes to sponsor an event or service, neither an employee nor any partner, spouse or relative should benefit from such sponsorship in a direct way without there being full disclosure to the Head of Establishment, Head of Business Unit, Corporate Director, Chief Executive or Monitoring Officer, as appropriate, of any such interest. Similarly, where the Council through sponsorship, grant aid, financial or other means gives support in the community, employees should ensure that impartial advice is given and that there is no conflict of interest involved.

17.1 Employees should also be aware of the Council’s Standing Orders, and of any procedure manuals operated in their Business Unit, which should always be complied with. The Head of Establishment, Head of Business Unit, Corporate Director, Chief Executive or Monitoring Officer, as appropriate, holds copies of these. If in doubt, please ask.

18.1 This Code cannot cover every eventuality. Its purpose is to show the standards expected of employees. It does not replace the general requirements of the law.