The City Solicitor will present Document “A” in which the Committee is requested to consider the Local Government Association (LGA) new Model Councillor Code of Conduct and decide whether to recommend to Council its adoption with or without amendments to replace the Council’s existing Members’ Code of Conduct or whether to require consultation with Councillors before considering adoption.

Recommended -

(1)       Members are invited to comment on whether they are content to recommend adoption of the Local Government Association Model Councillor Code of Conduct 2020 in principle or if they require consultation with Councillors before considering adoption.

(2)       If the former, the Local Government Association Model Councillor Code of Conduct 2020 be recommended for adoption by Council with such amendments as are agreed by this Committee. 

(3)       Upon adoption by Council, delegated authority be given to the City Solicitor to make any consequential amendments required to the Council’s Constitution including to the Protocols on Member-Officer Relations, Members Gifts and Hospitality and Members Use of Council Resources including Use of E-mail and the Internet in consultation with the Chair of this Committee.

(4)       Upon adoption of the amended Code by Council the City Solicitor write to all Town and Parish Councils within the Bradford District to advise them of adoption of the Code and encouraging them also to adopt the Code. 

(Parveen Akhtar -01274 432486)

The Assistant City Solicitor (Democratic Services) presented Document “A” in which the Committee was requested to consider the Local Government Association (LGA) new Model Councillor Code of Conduct (“the Code”)  and decide whether to recommend to Council its adoption with or without amendments to replace the Council’s existing Members’ Code of Conduct or whether to require consultation with Councillors before considering adoption. 

The Code was attached as Appendix 1 to Document “A”.  This new Code was developed in response to the Committee on Standards in Public Life’s (CSPL) report into Local Government Ethical Standards. The CSPL report included a best practice recommendation for local authorities to adopt a Code of Conduct based on a model to be produced by the LGA. The Code is based on the CSPL best practice recommendations and the expectation is that all councils should adopt it as a minimum, but with provision for additional local variations. 

The Code builds on the Nolan principles and details members’ obligations as the minimum standards of conduct.   Members were advised that the Code is more detailed than the Council’s current Members’ Code of Conduct (attached at Appendix 3 to Document “A”) and for example, includes specific reference to respect and bullying, harassment and discrimination.   The Code requires members within 28 days of becoming a member or re-election or re-appointment to office to register with the Monitoring Officer Disclosable Pecuniary Interests.  Under the Council’s current Code where a member is re-elected/reappointed notification is only required of any new Disclosable Pecuniary Interests. 

In addition to the requirements regarding Disclosable Pecuniary Interests the Code includes new categories of interests namely  Other Registerable Interests and Non-Registerable Interests. Members were referred to Appendix 4 to Document “A” which summarised the differences between the new Code and the Council’s current Code.

Members were asked, to consider whether to include the following matters that are contained in the Council’s existing Code of Conduct if they were to recommend to Council adoption of the Code:   

·         The mandatory requirement that members complete a training course on Child Sexual Exploitation (paragraph 21A of the Council’s existing Members’ Code of Conduct).

·         Confirmation that all complaints alleging a failure to comply with the Code will be considered in accordance with the Procedure agreed by full Council (paragraph 22 of the Council’s existing Members’ Code of Conduct).

·         Incorporation of the Member- Officer Relations Protocol and the Members Use of Council Resources including use of Email and Internet Protocol into the Code (paragraph 23 of the Council’s existing Members’ Code of Conduct) subject to any consequential amendments required to address inconsistencies.

·         The provisions regarding granting of dispensations (paragraph 24 of the Council’s existing Members’ Code of Conduct).

It was noted that the mandatory requirement to complete a training course on Child Sexual Exploitation was a decision made at full Council and Members were in agreement that the matters detailed above which were contained in the Council’s existing Code of Conduct be included.   Members did not consider further consultation was required.

Members were advised that paragraphs 2.3 and 2.4 of the Council’s existing protocol on gifts and hospitality states that the decision is for the member in every case whether or not it is appropriate to accept any gift or hospitality. Paragraph 10.1 of the LGA Code sets out a specific rule to not accept gifts or hospitality, irrespective of estimated value, which could give rise to real or substantive personal gain or a reasonable suspicion of influence, etc. Paragraph 9.1 of the Council’s existing protocol requires members within 28 days of receiving any gift or hospitality over the value of £25 to notify the Monitoring Officer. Paragraph 10.2 of the LGA Code raises this amount to £50.  Members were asked to consider whether to maintain the amount at £25 to which they agreed.

It was noted that Calderdale Council has adopted the Code in its entirety.

West Yorkshire Combined Authority has also adopted the Code.  Leeds

Council has adopted the Code with a number of amendments. Wakefield

Council has also adopted the Code with a number of amendments.  The

Co-opted members confirmed that Keighley Town Council and Silsden Town

Council have both adopted the Code.

In response to a member question it was confirmed that all members were

trained on an annual basis on Child Sexual Exploitation.

It was noted that there was a need for extensive training on the Code which

contained a number of differences from the existing code.  Members discussed the date from when the new Code should operate and agreed that this should be the beginning of the new municipal year 2022- 23 and that it would be appropriate to take the recommendation to adopt the Code to the 15 March 2022 meeting of Council.

Resolved -

(1)       That the Local Government Association Model Councillor Code of       Conduct 2020 (“the Code”) be recommended for adoption by        Council to be effective from the beginning of the Municipal Year        2022-23 with the following amendments (Amendments (1) (a) to (d)            are matters included in the Council’s existing Members’ Code of          Conduct and the paragraph numbers refer to the paragraph    numbers in the existing Code):

(a)  The inclusion of the mandatory requirement that members complete a training course on Child Sexual Exploitation. (paragraph 21A).

(b)   Confirmation within the Code that all complaints alleging a failure to comply with the Code will be considered in accordance with the Procedure agreed by full Council (paragraph 22).

(c)  The incorporation into the Code of the Protocols on Member- Officer Relations, and Members’ use of Council Resources including use of Email and the Internet as detailed in paragraph 23 of the existing Members’ Code of Conduct  subject to any consequential amendments required to address inconsistencies. 

(d)  The Provisions regarding granting of dispensations (paragraph 24).

            (e) That in paragraph 10.2 of the Code (Gifts and Hospitality), £50 be        replaced with £25.

(2)       That the City Solicitor produces a draft code incorporating the  amendments, further consults the Chair of this Committee beforeit is considered by Council and that consideration is given totaking the recommendation for adoption of the Code to the            Council meeting in March 2022.

(3)       Upon adoption of the amended Code by Council, delegated authority be given to the City Solicitor to make any consequential amendments required to the Council’s Constitution including to the Protocols on Member-Officer Relations, Members Gifts and Hospitality and Members Use of Council Resources including Use of E-mail and the Internet in consultation with the Chair of this Committee.

(4)       Upon adoption of the amended Code by Council the City Solicitor write to all Town and Parish Councils within the Bradford District to advise them of adoption of the Code and encouraging them also to adopt the Code if they have not already done so. 

ACTION: City Solicitor