Appendix1 Constitution Review 2022 v 5
Argyll and Bute Council · 29 September 2022
Back to Argyll and Bute Council — 29 September 2022 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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Review of Contract Standing Orders 2022 – Summary of Key Changes Appendix 1 Reference – Current Constitution Part A Reference – Current Constitution Part B - Standing Orders for Meetings Reference – Current Constitution Part C - Scheme of Delegation Reference – Current Constitution Part D - Financial and Security Regulations Reference – Current Constitution Part E (1) Contract Standing Orders - page & paragraph detail version October 2021 Reference – Current Constitution Part F - Ethical Framework Proposed amendment Part C Scheme of Delegation Page 64 2 .1.5 (4) Area Committees Delete this paragraph to align with the powers of the Council and the delegations to directors Part C Scheme of Delegation Page 71 Para 2.5.3 (a) PPSL Amend this paragraph to enable the PPSL to determine applications which have been subject to a pre- determination hearing for (1) a major development which would be a significant departure from the development plan; or (2) a National development to align with alteration in legislation removing requirement for these to be determined by Full Council. Part C Scheme of Delegation Page 78 2.8.1 Appeals committees Delete this paragraph to align with ACAS guidance to allow for single appeal stage Part C Scheme of Delegation Page 82 para 3.2.9 General delegations to Officers Delete this paragraph to align with the powers of the Council and the delegations to directors EXECUTIVE DIRECTOR with Responsibility for Legal and Regulatory Support and Commercial Services Delegations will be reviewed to update language to reflect statutory updates and rearrange order as appropriate. Add at appropriate section of delegations 1. To approve Market Value disposals, acquisitions, leases, sub-leases, assignations, licences, variations, extensions, rent reviews and agreements (including rent free periods) for property both from and to the council. 2. To approve less than Market Value disposals, acquisitions, leases, sub-leases, assignations, licences, variations, extensions, rent reviews and agreements (including rent free periods) where the reduction is equated with works / contributions / community benefit being made by the tenant; or where the Market Value is restricted by conditions within the agreement; and in any case in regard to disposals, only in the case where the best consideration that can be reasonably obtained is
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These have already been agreed by PPSL less than the threshold or marginal amounts as set out in the Local Gov (Sc) Act 1973 and consequent regulation. 3. To enter into wayleaves, servitudes and leases with statutory bodies and other providers of utility services who require rights over property for a particular purpose. 4. To terminate leases sub-leases, licences and agreements and take appropriate action to regain or surrender possession of the property. To allow the surrender of leases where a business intends to expand into larger council premises or where a business runs into trading difficulties. 5. To maintain and update list of wheelchair accessible vehicles for licensed taxis and private hire cars within the Council’s area for the purposed of section 165 of the Equality Act 2010 and to consider and determine where medical evidence has been produced applications for exemptions from drivers’ duties under section 165 of the Equality Act 2010 6. in consultation with the Chair and Vice Chair of the PPSL Committee, to immediately suspend a licence in terms of paragraph 12(1) of Schedule 1 of the Civic Government (Scotland) Act 1982 if they determine that the circumstances of the case justify immediate suspension, on the grounds of undue public nuisance or a threat to public order or public safety. Part C Scheme of Delegation Page 83 Add delegation where appropriate Chief Executive To make arrangements to fulfil the Council’s duties in terms of the Counter Terrorism Act 2015 and to nominate and appoint officers to any required role or function in that regard. Part C Scheme of Delegation Page 84 1 Remove reference to sections 40 and 223 Part C Scheme of Delegation Page 84 3 Split into two separate paragraphs to read: To determine applications for charitable collections under section 119 of the Civic Government (Scotland) Act where no objections are received To determine applications for public processions under section 63 of the Civic Government (Scotland) Act where no objections are received Part C Scheme of Delegation Page 84 4 Amend to read: To maintain a panel of representatives for appointment in connection with the interests of any child in connection with any proceedings before the Sheriff, in terms of the Curator ad Litem and Reporting Officers (Panels)(Scotland) Regulations, and to determine fees in accordance with Council policies. Part C Scheme of Delegation P85 5 Remove reference to section 19 Part C Page 85 Remove ‘s 1976 and’
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Scheme of Delegation 7 Part C Scheme of Delegation Page 86 18 Remove Part C Scheme of Delegation Page 87 29 Amend Paragraph to read: To undertake all building maintenance work within approved expenditure either by directly employed staff direct labour or by the use of maintenance contractors subject to the provisions of the Contract Standing Orders. Part C Scheme of Delegation Page 87 39 Amend Preliminary, Extent and Application, Clause 1.1.4 to read: To carry out the functions of the Council as Education Authority in relation to the provision of education for children or young people with additional support needs in terms of the Education (Additional Support for Learning) Scotland Act 2004. Part C Scheme of Delegation Page 88 47 Replace the Children (Performances) Regulations 1968 with the Children (Performances and Activities) (Scotland) Regulations 2014 Part C Scheme of Delegation Page 89 55 Insert ‘and School Education (Amendment) (Scotland) Act 2OO2’ after Scotland’s Schools Act 2000 Part C Scheme of Delegation Page 90 67 Remove ‘Community Learning and Development’ Part C Scheme of Delegation Page 91 (c) Insert ‘The Chief Officer of Health and Social Care is authorised, in accordance with any policy approved by the Council –‘ below CHIEF OFFICER – HEALTH AND SOCIAL CARE Part C Scheme of Delegation Page 91 1 Amend to read: To act as, or manage a suitably qualified officer as, Chief Social Work Officer, in terms of Section 3 of the Social Work (Scotland) Act 1968, for the purposes of the Council’s functions under the: (a) Social Work (Scotland) Act 1968; (b) The enactments in Section 5(1B) of the same Act; (c) The Adults with Incapacity (Scotland) Act 2000; and (d) Duties or powers bestowed upon a Chief Social Work Officer under any other Act or regulation enacted from time to time by the UK or Scottish Parliament. Part C Scheme of Delegation Page 91 1(i) Immediately below amended paragraph 1, but before sub paragraph (i) insert To designate the Chief Social Work Officer to act as the proper Officer, in accordance with any policy approved by the council:
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Amend subparagraph (i) to read: To promote social welfare by making available advice, guidance and assistance under Section 12 of the 1968 Act, on such a scale as may be appropriate for its area. The delegation in terms of this Section shall include authority: (a) to make loans or grants to any person or family; (b) to give any other appropriate assistance, including provision for the storage of property in cases of emergency. Part C Scheme of Delegation Page 91 1(ii) Amend to read: To assist in the disposal of produce of work undertaken by persons in need under Section 13 of the 1968 Act. Part C Scheme of Delegation Page 91 1(iii) Amend to read: To provide care at home and laundry facilities for persons in need, etc. under Section 14 of the 1968 Act. subject to the recovery by the Executive Director on the appropriate scale as may be determined by the Council; but subject also to the Executive Director being empowered to abate or waive care at home/home help charges to avoid hardship according to the personal and financial circumstances of the client. Part C Scheme of Delegation Page 91 1(iv) Amend to read: To receive and keep in care in certain circumstances any child in need under Section 17 and 25 of the 1995 Act. Part C Scheme of Delegation Page 92 1(v) Amend to read: To make an application for a permanence order in respect of a child under Section 80 of the Adoption and Children (Scotland) Act 2007. Part C Scheme of Delegation Page 92 1(vi) To ensure that, in reaching any decision relating to a child in the care of the Council, consideration is given to Section 17 of the 1995 Act. Part C Scheme of Delegation Page 92 1(vii) Amend to read: To provide accommodation for a looked after/care experienced child in certain circumstances, under Section 25 of the 1995 Act. Part C Scheme of Delegation Page 92 1(viii) Amend to read: To provide accommodation under Section 26 of the 1995 Act for a child looked after by the Council and to remove any child from a residential establishment under Section 32. Part C Scheme of Delegation Page 92 1(ix) Amend to read: To grant financial assistance to persons who meet the criteria set out in Section 30 of the 1995 Act, to enable them to meet expenses in connection with their accommodation, maintenance, education or training, in accordance with Section 30. Part C Scheme of Delegation Page 92 1(x) Amend to read: To provide aftercare under Section 29 of the 1995 Act in respect of any child who meets the criteria therein.
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Part C Scheme of Delegation Page 92 1(xi) Amend to read: To make arrangements for the burial or cremation of any person where the criteria under Section 87 of the Burial and Cremation (Scotland) Act 2016 are met, The Council may recover expenses incurred under this section from the estate of the deceased. Part C Scheme of Delegation Page 93 1(xii) Amend to read: To pay the expenses incurred in attending a funeral where the criteria set out in Section 88 of the Burial and Cremation (Scotland) Act 2016 are met. Part C Scheme of Delegation Page 93 1(xiii) Amend to read: To give effect to a compulsory supervision order made by a Children’s Hearing for its area under Section 144 of the Children’s Hearing (Scotland) Act 2011. Part C Scheme of Delegation Page 93 1(xiv) Replace ‘supervision requirement’ with ‘compulsory supervision order’ Part C Scheme of Delegation Page 93 1(xv) Amend to read: To seek review by a Children’s Hearing of a compulsory supervision order, in certain circumstances, under Section 131 of the Children’s Hearings (Scotland) Act 2011. Part C Scheme of Delegation Page 93 1(xvi) Remove ‘in accordance with the policies of the council’ Part C Scheme of Delegation Page 93 1(xvii) Replace ‘furniture’ with ‘property’ Part C Scheme of Delegation Page 93 1(xviii) Insert ‘s. 32 of’ after ‘in terms of’ Part C Scheme of Delegation Page 93 1(xix) Replace ‘handicapped persons’ with ‘disabled persons’ and remove ‘and in accordance with the policies of the Council’ Part C Scheme of Delegation Page 93 1(xxi) Remove ‘as Care Authority’ Part C Scheme of Delegation Page 94 1(xxiv) Remove ‘in accordance with Council policies’ Part C Scheme of Delegation Page 94 1(xxvii) Amend to read: To authorise the Chief Officer – Health and Social Care to make direct payments in terms of the Social Care (Self-directed Support)(Scotland) Act 2013 and any further provisions made by the Scottish Ministers in terms of s. 15 of that Act to an eligible supported person for the purpose of enabling the person to arrange for the provision of support by any person. Part C Scheme of Delegation Page 94 2 Insert ‘, in accordance with any policy approved by the Council’ before ‘in relation to the Council’s functions’ Part C Scheme of Delegation Page 94 2(ii) Replace with Criminal Procedure (Scotland) Act 1995 s. 42
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Part C Scheme of Delegation Page 94 2(vii) Replace with Sections 51 and 217 of the Criminal Procedure (Scotland) Act 1995 and s. 14 of the Criminal Justice and Licensing (Scotland) Act 2010 Part C Scheme of Delegation Page 94 2(x) Remove Page 96 Para L10 Executive Director with responsibility for Development and Economic Growth Delegations will be reviewed to update language to reflect statutory updates and rearrange order as appropriate. Para L10 is modified to include an exception to the requirement to PPSL determination where a Submission under S75A relates to either: (i) A planning obligation which has become obsolete either by means of being related to an expired and unimplemented planning permission; or (ii) where the terms of planning the obligation can be demonstrated to have been met in full and where there is no longer term requirement (i.e. road safety, site restoration, ongoing management of land) for the burden on the land being retained. Page 97 para L22 (a)11 Delete the word “no” where it appears to correct typographical error Part E The Constitution Contract Standing Orders Page 177 prior to the heading “ Preliminary” insert new Section headed “Definitions “ To add the following DEFINITIONS “Authorised Signatory” means an authorised signatory of the Council in terms of the Contract Standing Orders as more particularly described in the Authorised Signatories for Contracts List “Category Manager” means the manager of a particular category of contract for the categories Corporate & Education; Construction & Environment and Care & Housing ; “Contract Owner” means an officer from the Relevant Service who is responsible for the management of the Contract Call-Off Contract’ means the terms and conditions under which specific purchases can be made under a Framework Agreement and/or a DPS and/or an arrangement established in terms of the light touch regime ‘DPS’ means a dynamic purchasing system as defined in the European Procurement Regulations; ‘Framework Agreement’ means an agreement which sets out terms and conditions under which specific purchases (Call-Off Contracts) can be made throughout the term of the agreement ‘Portal” means the national portal established and maintained by Scottish Procurement for the purpose of
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publicising: (i) the seeking of offers, and (ii) the award of contracts, which may be found at http://www.publiccontractsscotland.gov.uk. “Procurement Manual” means the Council’s procurement manual which sets out the procurement processes, templates and guidance which the Council requires to utilise when carrying out a public procurement. ‘Procurement Process’ means a procurement process approved by the Council’s Procurement Board and/or set out in the Procurement Manual in relation to the conduct of a procurement exercise ‘Procurement Regulations’ means the Public Contracts (Scotland) Regulations 2015, the Procurement (Scotland) Regulations 2016, the Procurement Reform ( Scotland ) Act 2014 or such other Regulations as may be in force from time to time Regulated Procurement’ has the meaning defined in the Reform Act and mmeans contracts of or over £50k in value excluding VAT for goods and services and £ 2m for works ( excluding VAT let by public sector ‘Reform Act’ means the Procurement Reform (Scotland) Act 2014 and any new legislation amending, substituting or replacing that Act "Relevant Service" means the service department of the Council with the particular operational requirement in any individual case for supplies, services or works on behalf of the Council (or for the disposal of surplus materials). “SGN” means Supplementary Guidance Note forming part of the Procurement Manual “SPPNs” means Scottish Public Policy Notes issued by the Scottish Government Part E The Constitution Page 177 after the heading PRELIMINARY at para 1 add new Headings “General “ and “Compliance with “General Principles” and “Scots Law” and “Extent” at consecutive paragraphs 1.1.;1.2 , 1.3 and 1.4 Amendment to add new headings added for ease of reference and Preliminaries amended to include the extent of the application of the standing orders Part E The Constitution Page 177 At para 1.7 add new heading “ Procurement Manual “ Add new heading for Procurement Manual for ease of reference and paragraph revised to include provision for reference to Supplementary Guidance Notes ( SGNs ) which form part of the Procurement Manual Part E The Constitution Page 178 add new paras 1.8 headed Compliance with Procurement Strategy And 1.9 ( and following 1.9.1 and 1.9.2 ) new para headed Compliance with Sustainable Procurement Duty Amendment to include reference to The Procurement Strategy & reference to Sustainable Procurement Duty and Fair Work Practices
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Part E The Constitution Page 178 add new para 1.10 headed “ Internal Arrangements “ Amendment to clarify compliance with standing orders, scheme of delegation, procedures and financial regulations Part E The Constitution Page 178 at para 2.1 Amendment of Section headed Contract Register expanded to reflect obligation to maintain and publish the Contract Register Part E The Constitution Page 178 add new paras 3.1 and 3.2 “ Regulatory Thresholds “ and “Local Thresholds “ Amendment provides clarity on the relevant thresholds for compliance with these standing orders and the procurement regulations. Part E The Constitution Page 178 above para 3.3 add new heading general heading “Public Contracts” and new para 3.6 standardised processes and new 3.7 headed “Community Benefits” New headings for ease of reference and new para 3.6 cross refers to the guidance and templates supplemental to the Procurement Manual and new para 3.7 to ensure compliance with the Procurement Reform Act on community benefits Part E The Constitution Page 179 add new headings at 4. “Contract Management “ and sub heading “ Form of Contract” and new sub heading and paragraph at 4.2 “Signing “ Amendment to provide clarity on scheme of delegation for authorised signatories Part E The Constitution Page 179 new 4.3 headed Contract Modification and new sections under the same heading 4.4/ 4.5/4.5.1 Amendment to make the Contract Standing Orders consistent with the Procurement Regulations and processes/templates for managing change during the life of a contract; requirements to have a written variation signed per the scheme of delegation and obligations to include variations in Contract Register to record variations/modifications Part E The Constitution Page 179 new para 4.6 heading “Termination of Contract “ and 4.7 Amendment to make the Contract Standing Orders consistent with the processes/templates for termination of contracts to manage the risk of early termination and provide an audit trail of decision making and recording in the Contract Register Part E The Constitution Page 179 new para 4.8 “ Best Value “ Amendment to reflect obligations from the Local Government Scotland Act 2003 and the Procurement Reform Act Part E The Constitution Page 179 new para 4.9 & 4.10 “Guidance Notes- SGNs and SPPNS” Amendment to clarify that when entering a contract officers must have due regard to Scottish Government ( SG) Guidance to include any Guidance issued by the Manager of PCCMT approved by Head of Legal and Regulatory Support– the SG from time to time issue policy notes which are in turn approved and issued via the Procurement Board and this is to ensure our processes reflect all current and relevant guidance and national best practice Part E The Constitution Page 179 renumber current para 4 as 5 headed add new heading CONTRACT TERMS Amendment to add additional headings for ease of reference Part E The Constitution Page 179 at para 5.4 Indemnities and Contract Security Amendment to Indemnities clause :clarifications added and expanded sub para 5.4.5 to clarify levels and types of indemnity required for Council contracts and to clarify requirements for security on any contract can include parent company guarantee or performance bond
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Part E The Constitution Page 180 – Specification and Standards has been re-numbered from par 7.1- 7.3 and is no 5.5-5.7 See below ** Content remains the same Part E The Constitution At page 181 after new “prevention of fraud” subheading section 5.8 add new heading “Contract Payment and Other Provisions “ at para 5.9 Amendment to include a section which clarifies that The Council’s agreed credit period is thirty (30) days. And that payment of valid undisputed invoices will be made by the Council within thirty (30) days of the date of the invoice issued on or after delivery of the Goods or performance of the Service. The Contractors are to include a similar clause is included in any sub contract or any sub-sub contract Part E The Constitution Formerly number 9 on page 181 – Engagement of Consultants is now re- numbered as clause 6 – appearing after equal opportunity in employment - equalities See below ** Content remains the same Part E The Constitution Throughout Standing Orders Numbering of existing clauses changed where required to correspond to proposed new clauses and headings ** Part E The Constitution Throughout the Contract Standing Orders Substitute the Standing Orders to these Standing Orders Part F (3) Ethical Framework Employee Code of Conduct The code of conduct has been revised to ensure that they are fit for purpose or have been enhanced with additional guidance or information where needed. This will ensure that it is clearer to employees what is expected of them and what behaviour may constitute a breach. This will also ensure that when it comes to considering whether behaviour has fallen short of the Employee Code of Conduct during a grievance or disciplinary investigation that the Council has reduced the risk of any ambiguity regarding these issues. The detail can be reviewed in the amended Employee Code of Conduct included at Appendix 2 where revisals have been highlighted. Part F (3) Ethical Framework Employee Code of Conduct Page 2 Amendment to contents page to reflect the re-ordering and addition of the sections. Part F (3) Ethical Framework Employee Code of Conduct Page 3 Addition of “The Council’s Code of Conduct is one of the ways we put the Council’s values into practice. It is built around the recognition that everything we do in connection with our work at the Council will be measured against these standards of conduct. Our commitment to these high standards helps us to recruit and retain great people and provide great public services” in 1.0.2 reordered to 1.2 Part F (3) Ethical Framework Employee Code of Conduct Page 3 Reorder of 1.0.2 “This Code sets out the minimum standards of conduct that are expected of you as an Argyll and Bute Council employee. These standards are the benchmark against which your behaviour will be assessed in the event of a complaint being made” moved to 1.4 Part F (3) Ethical Framework Employee Code of Conduct Page 3 Reordered 1.0.3 to be 1.3 and wording amended to read “The code’s purpose is to provide clear and helpful advice to employees on the standards of behaviour expected of them to avoid any breach of the Code of Conduct”. Section 1.0.3 “The Code does not affect your rights and responsibilities under the law” moved to 1.5. Addition of “It is important to use good judgement in
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everything you do and to ask for help if you are ever unsure about the right course of action.” In 1.5. Part F (3) Ethical Framework Employee Code of Conduct Page 3 Section 1.0.4 amended to read “There are a number of Council wide and service level policies and procedures which provide more detail on expected practice and conduct. Council Wide policies are referred to at the end of this document” and moved to section 1.6. Addition of “The Code is intended to complement all of these requirements and does not replace them” Part F (3) Ethical Framework Employee Code of Conduct Page 3 1.0.5 reordered to 1.8 1.0.6 reordered to 1. 7 1.0.7 reordered to 1.8 Part F (3) Ethical Framework Employee Code of Conduct Page 5 Section “The Local Government Ombudsman will use the National Code as a benchmark of good practice where a complaint of maladministration has been made” moved to section 1.9 Section “The Council also has a Scheme of Delegation to Officials and Scheme of Proper Officer Appointments to ensure that the business of the Council is conducted with the law and proper standards, that money is safeguarded and properly accounted for and is used in such a way as to secure and demonstrate Best Value” is moved to section 1.10 Part F (3) Ethical Framework Employee Code of Conduct Page 5 Addition of extract from Disciplinary Procedures and Code of Practice outlining behaviours that may be considered misconduct and gross misconduct (sections 3.2 – 3.4) Part F (3) Ethical Framework Employee Code of Conduct Page 5 Section 3.2 - reordered to section 8 Addition of Section 8.1 Employees, Workers and others outlining standards of behaviour expected. Removal of Section 3.2.1.1 “You may have contact with members of the public as users of services, clients or citizens. You should always be courteous and helpful. You should deal fairly, equitably and consistently with each member of the public, and you must follow the Council’s Equality and Diversity Policy” Addition of Section 8.3 Pupils, Students and Service Users outlining the standards of behaviour expected. Addition of Section 8.4.3 under Elected Members “You must not approach Councillors on employment matters and Councillors via their own code should decline to discuss such issues. Employment maters should be raised with either your line manager, Human Resources or your Trade Union representative” Part F (3) Ethical Framework Employee Code of Conduct Page 5 Section 3.3 – reordered to section 19 Addition of sections 19.1 – 19.2.4 which outlines more detail on employee responsibilities in relation to illegal and prescription drugs. Part F (3) Ethical Framework Employee Code of Conduct Page 6 Section 3.4 – reordered to section 5 Addition of 5.1 “If you are charged or convicted of any criminal offence you must inform your Executive Director immediately”
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Addition of 5.4 “See also section – Recruitment & Other employment matters for information on Criminal Convictions and their impact on recruitment decisions” Part F (3) Ethical Framework Employee Code of Conduct Page 6 Section 3.5 – reordered to section 11 Addition of sections 11.1 – 11.3 as extracts from the Anti Fraud Strategy. Removal of 3.5.1 “The Council can offer advice and support to any employee who is experiencing difficult in making payments or with general debt issues. Employees’ requiring support should contact their line manager in the first instance. The employee Assistance Programme can also provide advice on debt” Section 3.5.3 moved to section 20 Part F (3) Ethical Framework Employee Code of Conduct Page 6 Section 3.6 – reordered to section 6 Addition of bullet point under section 6.3 “Political symbols, offensive images or messages/slogans must not be worn or displayed” Part F (3) Ethical Framework Employee Code of Conduct Page 7 Section 3.6.3 – reordered to section 8.5 Section 3.7.2 & 3 moved to Section 4 Removal of section 3.7.1 “As a Council employee you must not allow any private interest to influence your decisions at work and you must not use your position to further your own interests or the interests of others who do not have a right o benefit under the Council’s policies.” Addition of Sections 8.5.1 – 8.5.6 Contractors Suppliers Relationships. Part F (3) Ethical Framework Employee Code of Conduct Page 7 Section 3.7 – reordered to section 4 Addition of 4.3 “You must ensure that where a direct or indirect interest and/or conflict arises, you declare your interest to your line manager and consider with your manager whether you will withdraw from any subsequent discussion on the issue in question” Addition of 4.4 “During the hours of service required my your employment you must devote your whole time and energies to your Council duties. With regard to you Council employment you are not permitted to receive any financial payment of benefit not specified in your contractual terms” Part F (3) Ethical Framework Employee Code of Conduct Page 8 Section 3.8 – reordered to section 12 Addition of section 12.3 “During the course of your work, you are likely to have access to information that is sensitive, private and confidential. You must recognise the importance of confidentiality. Unless required by law; you must not disclose information concerning any member of staff, councillor, service user or customer’s private affairs to any person not employed by the Council and/or to any person not reasonably entitled to know. You must first obtain express consent from the individual and/or their guardian and/or the relevant line manager explaining your reasons for the disclosure. It is a breach
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of trust to use confidential information for personal advantage or the advantage of anyone you know” Addition of Section 12.4 “You must not pass on any confidential knowledge or information you may have gained during your work with the Council” Addition of Section 12.9 “All confidential information and equipment you hold due to your employment must be returned to the Council before the end of your employment, or if that employment ends without notice, immediately after its end”/ Part F (3) Ethical Framework Employee Code of Conduct Page 9 Section 3.9 – reordered to section 16.5 Addition of 16.5.2 “If your line manager agrees this is appropriate written approval should be obtained and sent to HR”. Addition of 16.5.3 “For Executive Managers/Directors written permission must be sought form the Chief Executive. The Chief Executive must seek advice/guidance from the Leader of the Council before undertaking additional paid employment” Addition of 16.5.5 – 16.5. 8 details the arrangements for sickness absence when working two posts and clarifies that voluntary work does not apply. Part F (3) Ethical Framework Employee Code of Conduct Page 10 Section 3.10 – reordered to section 7 Removed 3.10.2 “do not accept any gift, hospitality or service from anyone which would, or might, place you under obligation.” Removed 3.10.3 “you must follow these rules for declaring offers of gifts or hospitality and follow the current procedures for having any offers authorised by seeking agreement of your Head of Service or Executive Director. Where you view the value of the offer to be more than a token, consult with your line manager.” Removed 3.10.4 “All offers with an estimated value of more than £25 should be registered whether accepted or not which creates a record of the offer having been made and what response was given” 3.10.7 moved to section 11.5 Addition 7.2 – “If you are given a gift or offer of hospitality or service which are unable to accept then you must politely explain your requirement to adhere to the code” Addition 7.4 “You should not accept repeated hospitality or frequent personal gifts from the same person or organisation” Addition 7.5 “All cash or monetary gifts must be respectfully refused, explaining your requirement to adhere to this Code., If the individual insists then alternatives may be suggested such as charitable donations” Addition 7.6 “If you know or suspect that you may be a beneficiary of a service user’s will, you must notify your line manager and advice must be sought from Governance and Law. The same applies if you are
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approached to be a witness or executor of a service user’s will” Addition 7.8 “If through the course of your work you require to arrange or host a hospitality event you must follow these same principles and the event must be proportionate to the circumstances and be mindful of value for money principles” Addition 7.9 “When attending hospitality events you must remember that you are there as an ambassador of the Council and conduct yourself appropriately” Part F (3) Ethical Framework Employee Code of Conduct Page 10 Section 3.11 – reordered to section 15 Addition of sections 15.2 regarding use and safe keeping of council equipment; 15.3 on use of council internet and email services and 15.4 on use of personal mobile phones during working time. Addition of section 15.8 advising that all council resources must be returned at the end of employment. Part F (3) Ethical Framework Employee Code of Conduct Page 11 Section 3.12 - reordered to section 16.1 Removed section 3.12.1 and replaced with “The Council has a Guide to Recruitment and you are expected to follow this policy (copies are available from Customer Support Services and on the Hub. All appointments must be made on the basis of merit”. Part F (3) Ethical Framework Employee Code of Conduct Page 11 Section 3.13 – reordered to section 13 Part F (3) Ethical Framework Employee Code of Conduct Page 11 Section 3.14 – reordered to section 16.4 Addition of section 16.4.3 “Whether or not your post is politically restricted, you must follow every lawful expressed policy of the Council and must not allow your personal or political opinions to interfere with your work. You must not display political slogans in the course of your work and must not distribute political information/material using Council resources including time” Part F (3) Ethical Framework Employee Code of Conduct Page 12 Section 3.15 – reordered to section 9 Section 3.15.1 moved to 12.6 Part F (3) Ethical Framework Employee Code of Conduct Page 13 Section 3.16 – reordered to section 10 Addition of “you are also expected to treat others fairly and reasonably” at 10.1 Addition of “You are expected to forge and maintain professional relationships with your colleagues, managers, Councillors an service users based on mutual respect” at 10.2 Part F (3) Ethical Framework Employee Code of Conduct Page 14 Section 3.17 – reordered to section 18 Part F (3) Ethical Framework Employee Code of Conduct Page 14 Section 3.18 – reordered to section 20 Part F (3) Ethical Framework Employee Code of Conduct Page 15 Section 4 – reordered to section 23
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Part F (3) Ethical Framework Employee Code of Conduct Addition of Section 14 – Social Media outlining conduct expected of employees using social media within/outwith work taken from Social Media Policy. Part F (3) Ethical Framework Employee Code of Conduct Addition of Section 16.2 criminal Records “It is the Council’s view that having a criminal record will not necessarily debar an applicant from working with or on behalf of the Council. This will depend on the nature of the position, together with the circumstances and background of the offences” Part F (3) Ethical Framework Employee Code of Conduct Addition of Section 16.3 Professional Qualifications, registrations and conduct which makes clear that if you require to have a membership to a professional body then you must keep that registration and ensure you follow their code of practice in relation to any formal reporting. Part F (3) Ethical Framework Employee Code of Conduct Addition of Section 17 Health, Safety and Welfare outlining employee responsibilities in relation to health and safety. Part F (3) Ethical Framework Employee Code of Conduct Addition of Section 20 Raising Concerns/Grievances which outlines the process for doing so. Part F (3) Ethical Framework Employee Code of Conduct Addition of Section 22 Disciplinary Matters outlines the process for raising or being subject of Disciplinary Matters. Part F (3) Ethical Framework Employee Code of Conduct Page 15 Amendments made to the names of the Procedures in line with any that have been updated since last update.