Code of Conduct
Hornsby Shire Council has developed a Code of Conduct for staff, Councillors and Council committee members to ensure that Council's provision of services is professional, efficient and fair. An introduction to the Code, which you can read below, is given to every staff member, Councillor and committee member. Download the full Code of Conduct document: Code of Conduct - 153kb.
If you require additional information regarding the declaration of pecuniary and non-pecuniary interests, or the manner in which conflicts of interest should be addressed visit the following websites:
An introduction to Council's Code of Conduct - a guide for staff
The Local Government Act, 1993, requires council to adopt a Code of Conduct. The Code of Conduct provides Council with a framework for ethical decision making, actions and behaviour of its employees, elected officials and other community representatives. As a staff member, you are required to maintain a standard of professional behaviour that maintains and promotes confidence and trust in the work of council within the Shire of Hornsby. We must all maintain efficiency, fairness, impartiality and integrity in our work.
You should read this summary brochure and, in addition, take the time to read and become familiar with the complete Code of Conduct.
R J Ball
General Manager
Staff Responsibilities
Staff shall:
- act in accordance with the requirements of the law and the terms of the Code of Conduct;
- perform the duties of Council impartially and in the best interests of the community;
- act in good faith in the interests of the Council and the community;
- refrain from making allegations of Council which are unseemly or derogatory, unless true, in the public interest, and pertaining to a matter before Council;
- refrain from any form of conduct, in the performance of their official or professional duties, which may cause any reasonable person unwarranted offence or embarrassment;
act in accordance with an obligation of loyalty to Council; - observe the highest standards of honesty and integrity in the conduct of duties and in official dealings with each other; and
- bring to the notice of the General Manager or Mayor (as appropriate) any dishonesty on the part of any other Council representatives.
Whilst on duty, you are to give the whole of your time and attention to the business of the Council. You should endeavour to keep up to date with advances in your area of responsibility and carry out your duties conscientiously, honestly and fairly. When given lawful directions you are to carry out the lawful policies, decisions and practices of the Council regardless of whether you agree with or approve of them.
You should not come or return to work if you are under the influence of alcohol or other drugs that may impair you doing your job. If you are taking prescribed medication that could affect your work performance, discuss the matter with your supervisor.
Conflicts of Interest
If we are to keep the trust and confidence of people dealing with our Council, we must ensure that our actions and decisions are free of any conflicts of interest. Not only must our actions be free of any conflicts, but we must ensure that they are clearly seen to be free of any conflicts of interest.
A conflict of interest would exist where:
- you have a personal interest that could lead you to be influenced in the way that you carry out your Council work or public duties;
- you have a personal interest that could lead a fair person to think that you could be influenced in the way that you carry out your Council work or public duties;
- a family member, relative, friend, associate or anybody else close to you has an interest that could lead to you being influenced, or a fair person to think that you could be influenced, in the way that you carry out your Council work or public duties.
The onus is on each staff member to identify and declare possible conflicts or pecuniary interests.
Equitable Treatment
Staff, in carrying out Council duties, must:
- act in accordance with the law;
- act reasonably and in a non-discriminatory manner;
take all reasonable steps to ensure that the information upon which decisions or actions are based is factually correct and that all relevant information has been obtained; - deal with all situations consistently, but treating each matter on its merits;
avoid conduct which may cause a reasonable person unwarranted offence or embarrassment, or lead to a reasonable suspicion of improper conduct or partiality; and - treat all staff members, Councillors and members of the public fairly and equitably and with respect, courtesy, compassion and sensitivity.
Gifts and Benefits
As a general rule, representatives of Council should not accept gifts and benefits of more than nominal value, and gifts and benefits are not to be solicited under any circumstances. Gifts and benefits of nominal value are classified as those that are inconsequential or trivial, are not offered on a regular basis and have a monetary value not exceeding $30.00. All gifts or benefits of more than nominal value must become the property of Council, and will be dispersed equitably. The overriding principle is that benefits accrued as a result of the performance of official functions must accrue for the benefit of the community, not the individual.
You must never accept any gift or benefit:
- if the person offering it, or a fair person, would expect you to be influenced in the way you do your job or carry out your duties;
- if you would feel a sense of obligation or debt to the person offering the gift or benefit; or
- if you or the Council are likely to be compromised.
ALL gifts and benefits received in the course of duties must be entered in Council's 'Gifts and Benefits Register'.
Use of Information
Staff must:
- protect confidential information;
- only access confidential information when you need it for your usual work;
- not use confidential information for any unofficial purpose outside the Council; and
- only release confidential information if you have authority to do so.
You are only allowed to release information in accordance with established Council policies and procedures. As a guideline, you will not give out information unless:
- required to do so by law;
- official permission has been granted to release the information; or
- the information is officially available to the public and is released in accordance with official Council procedures.
Use of Council's resources
Council equipment, facilities, property and other resources are to be used:
- effectively, economically and carefully;
- for the benefit of Council; and
- for private purposes only if official permission is obtained.
Minimal use of telephones, computers, faxes or similar equipment for private purposes is permitted. Occasional, limited use of photocopiers may be permitted with the prior consent of your Supervisor. Private STD, IDD and mobile telephone calls should only be made in urgent circumstances and are to be paid for by the person making the call. Council vehicles must only be utilised for the conduct of Council business except if the vehicle is under the 'Private Use Scheme', or under employment contract, which enables the vehicle to be used outside working hours. Small tools may be borrowed in accordance with the defined procedure.
Council resources and equipment must not be used, in any circumstances, in relation to a second job or business.
Outside Employment or Business by Staff
It is essential staff do not engage in outside employment or business that could raise a conflict of interest with your Council duties. Before engaging in outside work which could potentially raise a conflict of interest, you must seek written approval from the General Manager. Approval will not be granted where the:
- employment involves or could involve a conflict of interest with Council related duties, or could reasonably be perceived by a member of the public to give rise to a conflict of interest; or
- likely timing and duration of the secondary employment would adversely affect the efficient performance by the employee of his/her Council duties.
Public Comment
Only staff who are specifically delegated to do so by the General Manager may make public comment about Council matters.
Corruption, Maladministration or Serious and Substantial Waste
A member of staff who is aware of possible corruption, maladministration or serious wastage should report it immediately to either their supervisor, Executive Manager or the General Manager. Staff can also report issues of corruption to the Independent Commission Against Corruption or matters of maladministration to the Ombudsman.
Breaches
It is everybody's responsibility to not only act in accordance with the Code of Conduct but also to report any breaches of the Code immediately to either your supervisor, Executive Manager or the General Manager. Sanctions will be imposed for any reported and proven breaches.
NB. A member of staff who honestly and faithfully observes the requirements of this Code and any relevant law can expect the publicly expressed support of Council and their colleagues against unfair allegations of dishonesty or partiality of their public or professional duties.