Code & Constitution - South Somerset District Council Code & Constitution Ian Clarke Assistant Director – Legal & Corporate Services

Code & Constitution - South Somerset District Council Part 1 Code of Conduct Part 2 Constitution Code of Conduct for Members – still applies!

Code & Constitution - South Somerset District Council When does the code apply? Official capacity What about any conduct in your private capacity?

Code & Constitution - South Somerset District Council Obligations under the Code You must treat others with respect – Officers & the public – Other members You must not do anything which may cause the council to breach any equality laws

Code & Constitution - South Somerset District Council Obligations under the Code You must not bully any person – Includes other councillors, officers and members of the public You must not intimidate persons involved in the administration, investigation or proceedings in relation to code of conduct matters You must not compromise or attempt to compromise the impartiality of officers or others working for the council

Code & Constitution - South Somerset District Council Obligations under the Code You must not disclose confidential information unless – You have consent or are required by law – Disclosure is made to third party to obtain professional advice – Disclosure reasonable – in the public interest – made in good faith – does not breach any reasonable requirements of the authority

Code & Constitution - South Somerset District Council Obligations under the Code You must not prevent anyone getting information that they are entitled to by law You must not bring your office or authority into disrepute whilst acting in an official capacity You must not use your position improperly to the advantage or disadvantage of yourself or anyone else

Code & Constitution - South Somerset District Council Obligations under the Code You must only use the resources of the council in accordance with its requirements and for proper purposes You must have regard to the advice of the Monitoring Officer and Chief Finance Officer You must give reasons for all decisions

Code & Constitution - South Somerset District Council Anything to declare? Personal Interests – 2 types – Registered – Where the well-being or financial position of you or “relevant persons” is likely to be affected by the business of your council more than it would affect the majority of people living in the ward affected by the decision

Code & Constitution - South Somerset District Council Anything to declare? If you have a personal interest – You must declare the existence and nature of it as soon as possible unless an exemption applies – Where a public body exemption applies, you only need to make a declaration if and when you intend to speak on the issue

Code & Constitution - South Somerset District Council Anything to declare? Sensitive information – you must disclose that you have an interest but do not need to disclose the sensitive information Gifts and hospitality – did not previously amount to a personal interest under the old code

Code & Constitution - South Somerset District Council Anything to declare? Prejudicial interests – ask yourself – Is there a personal interest? – If so, does it fall within one of the exempt categories? – If not, does it relate to the financial position of the interest or relate to deciding a regulatory matter? – If so, what is the result of applying the general test?

Code & Constitution - South Somerset District Council Anything to declare? Prejudicial Interests – General Test:- – Is the personal interest one which a member of the public who knows all the relevant facts, would reasonably think is so significant that it would likely prejudice your judgment of the public interest. – If answer is “yes”, then prejudicial interest exists.

Code & Constitution - South Somerset District Council Anything to declare? Prejudicial interest exists, at the meeting you can: – Attend but only to make representations, answer questions or give evidence, if the public can do so for the same purpose – Seek a dispensation from our Standards Committee to participate fully

Code & Constitution - South Somerset District Council Anything to declare? Prejudicial interest exists, you can also: – Make written representations in your private capacity – Use a professional representative to act on your behalf – Get another member to represent the views of your constituents

Code & Constitution - South Somerset District Council Anything to declare? Prejudicial interest exists, you must not: – Stay in the room when the matter is being discussed after having made your representations – Exercise executive functions in relation to that matter – Seek to improperly influence a decision about that business

Code & Constitution - South Somerset District Council Anything to declare? Prejudicial interests – overview & scrutiny – Is the O&S about a decision you were involved in (you were there at the meeting – it doesn’t matter how you voted)? – Was the decision made at DX, Committee or sub committee? – If answer is “yes” then would have a prejudicial interest at O&S committee

Code & Constitution - South Somerset District Council And Finally…. If you are not sure, please seek advice as soon as you are aware there may be an issue from : – Democratic Services Officers – Me! …..it is part of my job. And/or refer to : – The Standards for England Code of Conduct Guide for Members or Pocket Guide

Code & Constitution - South Somerset District Council And Finally Finally…. THE DECISION IS YOURS! ANY QUESTIONS?

Code & Constitution - South Somerset District Council Part 2 - Constitution

Code & Constitution - South Somerset District Council Articles of the Constitution 16 Articles Article 1 Articles 2-16 Article 13

Code & Constitution - South Somerset District Council Responsibility for Functions Sets out who in the council has the power to do what how and when and what limits apply. Covers both member side and officer

Code & Constitution - South Somerset District Council Rules of Procedure Known as Standing Orders Includes Procurement Procedure Rules Overview & Scrutiny HR Management Rules Financial Procedure Rules

Code & Constitution - South Somerset District Council Codes and Protocols Members Code of Conduct Code of Practice for Planning Code of Practice for Licensing Protocol on Member/Officer Relations Members gifts and hospitality

Code & Constitution - South Somerset District Council Members Allowances Scheme As it says on the tin!

Code & Constitution - South Somerset District Council Petition Scheme Formal means by which residents can require a council debate or consideration of an issue 8000 signatures 4000 signatures Optional