Item 7 - Code of Conduct for Officers on Acceptance of Gifts and Hospitality
Renfrewshire Council · 12 September 2024
Back to Finance, Resources and Customer Services Policy Board — 12 September 2024 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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To: Finance, Resources and Customer Services Policy Board On: 12 September 2024 Report by: Director of Finance and Resources Heading: Code of Conduct for Officers on acceptance of gifts and hospitality 1. Summary 1.1 This Report asks the Board to approve the Council’s revised Code of Conduct for Employees on acceptance of gifts and hospitality. 1.2 The public is entitled to expect the Council to conduct its affairs with integrity, honesty and openness and to demand the highest standards of conduct from those working for it. This Code of Conduct for Employees on acceptance of gifts and hospitality has been designed to provide appropriate guidance to employees and uphold high ethical standards. 1.3 The policy has not changed in terms of the requirement to disclose all offers of gifts and hospitality or in the way these should be disclosed. The principal change relates to the inclusion of an appendix which provides employees with some practical guidance on the acceptance of gifts and hospitality in a variety of scenarios. 1.4 The Code of Conduct for Employees on acceptance of gifts and hospitality is also designed to help the Council meet its responsibilities under Bribery Act 2010. 2. Recommendations 2.1 It is recommended that the Board approve the revised Code of Conduct for Employees on acceptance of gifts and hospitality.
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Implications of the Report 1. Financial – There are no finance or resource implications arising from this report. 2. HR & Organisational Development – The revised Code of Conduct for Officers on the acceptance of gifts and hospitality applies to all employees of the Council. 3. Community Planning – None. 4. Legal - The Code of Conduct for Officers on the acceptance of gifts and hospitality is also designed to help the Council meet its responsibilities under the Bribery Act 2010. 5. Property/Assets - None 6. Information Technology – None 7. Equality & Human Rights – None 8. Health & Safety None 9. Procurement – None 10. Risk –The risk of not having this policy in place would mean that staff would have no guidance on what to do in the event that they are offered a gift or hospitality. The existence of this policy will mean that staff are informed and given guidance on what actions they should take if they are offered a gift or hospitality. 11. Privacy Impact – None 12. Climate Risk – None 13. Children’s Rights – None 14. Cosla Policy Position – n/a List of Background Papers Author: Alastair MacArthur
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Page 3 of 8 CODE OF CONDUCT FOR OFFICERS ON ACCEPTANCE OF GIFTS AND HOSPITALITY 1. REASON FOR THE CODE Renfrewshire Council values its good reputation and its standing in the community. It is, therefore, important that you understand what is and is not acceptable in relation to offers of gifts and hospitality and where you can get more help if you are still unsure. Employees must be aware of this code to protect themselves and the council from allegations of criminal or corrupt practices. This Code, which applies to all Council employees, is designed to help you recognise when an offer of a gift or hospitality has been made, provide practical guidance on what to consider before accepting any offer and what you need to do to record that the offer. It is impossible within a Code to cover every circumstance which may arise, and you are personally responsible and accountable for decisions you take when offered gifts or hospitality. 2. RESPONSIBILITY AND ACCOUNTABILITY It is imperative that the good reputation of Renfrewshire Council and its standing in the community is always protected. This will always be the prime consideration in any decisions you make regarding the acceptance of gifts or hospitality. The Council provides a wide range of services to individuals and groups and spends significant sums of money with suppliers, contractors and other organisations. You as an officer of the Council, may have many interactions with individuals, organisations or businesses, that either are currently or, may in the future, be associated with the Council. A person or organisation may hope to gain preferential treatment in any dealings they have with the Council. Even if this is not the intention, acceptance of a gift or hospitality could lead others to believe this was a factor. Bribery and corruption are serious criminal and disciplinary offences, you and members of your family, must not seek or accept any gift, loan, fee, reward or other advantage for doing, or not doing anything in your official capacity. If an allegation is made, it is for you to demonstrate that any such reward has not been corruptly obtained. In addition to the normal recording process, you must report immediately to your Head of Service, if you are concerned that an individual or organisation has made you or a member of your family an offer with a view to gaining preferential treatment in their dealings with the Council. 3. DEFINITIONS Gift – A personal or material item given without payment, a present. Gratuity – A sum of money given as a tip or expression of thanks. Hospitality - Entertainment given including, but not limited to, meals, drinks, invitations to events, accommodation and/or travel. Bribe – An offer, receipt or asking for something of value with the purpose of influencing a person to carry out their duties in favour of another individual or organisation. 4. WHAT YOU DO NOT NEED TO DISCLOSE Hospitality provided at a course/conference/meetings or similar event provided your attendance is required as part of your role and all attendees are offered the same level of hospitality.
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Page 4 of 8 Very low value hospitality, such as coffee, cake, sandwich etc. given as part of a meeting. Gifts and hospitality from other employees, provided you are confident that the giver is not seeking any decision from the council over which you may have influence. Novelty or low value promotional goods which are given to a wide range of people and not uniquely to you, such as pens, note pads, calendar etc. 5. WHAT YOU DO NEED TO DISCLOSE Any other offer of a gift, gratuity or hospitality made to you, as an officer of the council, must be disclosed, even if it is declined. Appendix 1 provides some practical guidance on things to consider before accepting or refusing an offer. 6. RECORDING OFFERS All offers of gifts and hospitality must be disclosed, even if you did not to accept or returned the offer. You must complete the gifts and hospitality disclosure form attached as Appendix 2 to this code and send it to the appropriate person, detailed below, who will arrange to have it filed in the service’s Register of Offers. If you accept an offer you must detail your justification for your acceptance on the form. If you are the Chief Executive send your form to the Head of Corporate Governance. If you are a Director send the form to the Chief Executive. If you are a Head of Service send the form to your Director. If you are a Head Teacher send the form to the Head of Education. If you are a Teacher send the form to your Head Teacher. All other employees send the form to your Head of Service. You should ensure that your disclosure form is completed timeously, so that the Register of Offers is kept up to date and unreasonable delay could be interpreted as an attempt to not disclose. 7. REGISTERS OF OFFERS OF GIFTS OR HOSPITALITY The Chief Executive, Directors, Heads of Service, and each Head Teacher are responsible for keeping a register of all disclosure forms received. It is acceptable for these to be stored electronically. Each disclosure form received should be reviewed. If it is felt that an offer has been accepted that could impact on the Council’s reputation, the matter should be discussed with the employee concerned. If their concern is such that the offer, even if not accepted, could be seen as a bribe, or other attempt to influence the employee to act corruptly, they must report their suspicion to the Chief Auditor, in line with the Council’s internal audit investigation procedures. Each disclosure form should be signed as evidence that it has been reviewed. All registers recording offers of gifts or hospitality will be made available to the public, Chief Executive and Internal Audit upon request. 8. MORE ADVICE If after considering the guidance in Appendix 1, if you are in any doubt about the appropriate action to take then you should seek guidance from your line manager, Chief Auditor or the Head of Corporate Governance.
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Page 5 of 8 APPENDIX 1 PRACTICAL GUIDANCE ON ACCEPTANCE OF GIFTS AND HOSPITALITY The general rule should be to refuse, tactfully offers of gifts or hospitality. It is, however, recognised that the Council and its officers carry out a wide range of duties and activities within the community and that some degree of discretion is appropriate in certain circumstances. This code should not be enforced in a way which is over rigid and does not take account of individual circumstance. The table below provides some guidance on additional considerations before accepting or rejecting offers of gifts or hospitality. The list is not exhaustive, and all offers made should be considered in the context of your role in the Council. Type of Offer Matters to consider before acceptance All offers of gifts or hospitality Could acceptance affect the reputation of the council or my own reputation? Can I justify accepting this to the press or public or might my integrity be questioned? Offers of cash or loans It is unlikely that acceptance could ever be justified. Fees for attending or speaking at events / broadcasts etc. Specific guidance is given in the Code of Conduct for Employees, under conflicts of interest. Offers from people you currently interact with, in the course of your employment, e.g. an individual who has a current planning application awaiting a decision. Do I have any influence over any outcome that this person might be seeking to achieve, if so you need to consider how this would be viewed by others. Offers from organisations you currently interact with, in the course of your employment, e.g. a building contractor where you are involved in the project. The proportionality of the offer is likely to have a bearing. A contractor buying a round of drinks at the end of the project may be acceptable but a contractor offering an all expenses paid night on the town is unlikely to be acceptable. Offers from organisations you might reasonably expect to do business with, in the future, e.g. an offer from a firm of accountants, where you are in a position to possibly contract with such a firm. Caution should be exercised where you may be in a position to influence a future event. Generally, it would be prudent to reject such an offer. Civic gifts It is recognised that the offer of gifts from overseas visitors or civic dignitaries is normal practice and to refuse them could have a negative impact on the image of the Council.
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Page 6 of 8 Small Gifts offered as tokens of appreciation Small gifts where refusal would cause needless offence and the giver is not seeking a decision or business from the Council but merely wishes to express thanks for advice, help or co-operation received. This would apply, for example, to a small box of chocolates offered as a thank you for excellent service. Sporting / Theatre / Music Events Offers to attend purely social or sporting functions should be accepted only where these are part of the life of the community and where the Council should be seen to be represented. Is the event incidental to another event which is in keeping with council business, e.g. a conference where there is an opportunity to participate in local activities at a discounted rate. This type of hospitality is likely to be offered to all attending the conference. Lunch and Dinner Proportionality should be considered, a modest lunch during a working meeting may be acceptable if it is clearly evident that the work of the Council will be facilitated by attending. A more lavish dinner outwith normal working hours may be less defensible. Consider whether the offer of hospitality is made to a group or is it unique to you? It may be more reasonable to join in hospitality offered to a group than to accept something offered only to you. Community Events This is one of the most common offers of hospitality and needs to be considered carefully. You should consider the following statements and proportionality is likely to be a key consideration. Would refusal cause unnecessary offence or adversely affect the Council’s civic role. Is there a genuine need to impart information or represent the Council in the community? Is there an opportunity to promote the Council’s image or standing in the community by accepting the hospitality? Is the offer of hospitality proportionate to the benefit to the Council?
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Page 7 of 8 Travel and/or residential stays for leisure purposes. If there is no business function to the offer of travel or residential stays, it is unlikely that acceptance could ever be justified. Travel and/or residential stays for business purposes. In the normal course of business guest speakers are offered paid travel and accommodation to attend an event such as a conference. Prize draws and raffles In the course of attending community events or conferences you may have the option to participate in a prize draw or raffle. This type of activity is likely to be offered to all attending the event and could generally be justified. However, some caution should be exercised, e.g. the sponsor putting up the prizes is in a tender process for a contract with the Council, in a case like this, it may be more prudent not to enter the draw.
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Page 8 of 8 APPENDIX 2 RENFREWSHIRE COUNCIL CODE OF CONDUCT FOR OFFICERS ACCEPTANCE OF GIFTS AND HOSPITALITY DISCLOSURE FORM Date of Receipt of Offer of Gift/Hospitality Name of Employee(s) who have received the offer: Name of individual/organisation who has made the offer: Nature of Gift/Hospitality Whether the individual/organisation currently has, or has had in the past, or is likely to have in the future, dealings with the Council – and if so, specify: Decision on whether the offer of the Gift/Hospitality is to be accepted and, if accepted, justification for the acceptance: Signature of Director/Head of Service/ Head Teacher