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Code of conduct

Contents | Summary | Introduction | Roles and responsibilities | Relationships and behaviours | Compliance and review | Appendix to the code

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Part four: Compliance and Review

Compliance

The mayor and councillors must note that they are bound to comply with the provisions of this code of conduct (Local Government Act 2002, schedule 7, section 15(4)).

The mayor and councillors are also bound by the Local Government Act 2002, the Local Authorities (Members' Interests) Act 1968, the Local Government Official Information and Meetings Act 1987, the Secret Commissions Act 1910, the Crimes Act 1961 and the Securities Act 1978. The chief executive will ensure that an explanation of these acts is made at the first meeting after each triennial election and that copies of these acts are freely available to the mayor and councillors. Short explanations of the obligations that each of these has with respect to the conduct of the mayor and councillors are attached in the appendix to this code.

Compliance will be monitored by the Assessors sub-committee. This sub-committee will be constituted at the time of establishing committee structures, following triennial elections. The mayor will be an ex-officio member.

All alleged breaches of the code will be reported to the above subcommittee. Any allegation of a breach of a code of conduct must be in writing, be specific, and provide corroborating evidence.

The subcommittee will investigate the alleged breach and have prepared a report for the consideration of the council. Before beginning any investigation, the sub-committee will notify the elected member(s) in writing of the complaint, explaining when and how they will get the opportunity to put their version of events.

The council will consider the report in an open meeting of the council, except where the alleged breach relates to the misuse of confidential information or could impinge on the privacy of a member of staff or of the general public.

Responses to breaches of the code

The exact nature of the action the council may take depends on the nature of the breach and whether there are statutory provisions dealing with the breach.

Where there are statutory provisions:

1. breaches relating to members' interests render members liable for prosecution by the Auditor-General under the Local Authority (Members' Interests) Act 1968
2. breaches which result in the council suffering financial loss or damage may be reported on by the auditor-general under the Local Government Act 2002, which may result in the member having to make good the loss or damage
3. breaches relating to the commission of a criminal offence may leave the elected member liable for criminal prosecution.

In these cases the council may refer an issue to the relevant body, any member of the public may make a complaint, or the body itself may take action of its own initiative.

Where there are no statutory provisions, the council may take the following action:

1. censure
2. removal of the elected member from council committees and/or other representative type bodies
3. dismissal of the elected member from a position as deputy mayor or chair of a committee.

A decision to apply one or more of these actions requires a council resolution to that effect.

Review

Once adopted, a code of conduct continues in force until amended by the council. The code can be amended at any time but cannot be revoked unless the council replaces it with another code. Once adopted, amendments to the code of conduct require a resolution supported by 75 per cent or more of the members of the council present.

The council will formally review the code as soon as practicable after the beginning of each triennium.

The results of that review will be presented to the council for their consideration and vote.