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Wellington City Council
Code of Conduct for Elected Members
Part One: Introduction
All councils are required to have a code of conduct under the Local Government Act
2002, Schedule 7, Clause 15.
This code of conduct provides guidance on the standards of behaviour that are expected
from the Mayor and elected members of the Wellington City Council. The code applies to
elected members in their dealings with:
°
each other
°
the Chief Executive
°
all staff employed by the Chief Executive on behalf of the council
°
the media
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the general public.
This code does not apply to members of Community Boards.
The objective of the code is to enhance:
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the effectiveness of the council as the autonomous local authority with statutory
responsibilities for the good local government of Wellington City
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the credibility and accountability of the council within its community
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mutual trust, respect and tolerance between the elected members as a group and
between the elected members and management.
The code of conduct that follows is based on the following general principles of good
governance:
Public interest
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Members should serve only the interests of the city as a whole and should never
improperly confer an advantage or disadvantage on any one person, or group of
persons.
Honesty and integrity
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Members should not place themselves in situations where their honesty and integrity
may be questioned, should not behave improperly and should on all occasions avoid
the appearance of such behaviour.
Objectivity
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Members should make decisions on merit including making appointments, awarding
contracts, or recommending individuals for rewards or benefits.
°
Members should also note that, once elected, their duty is to the interests of the
entire city.
Accountability
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Members should be accountable to the public for their actions and the manner in
which they carry out their responsibilities, and should cooperate fully and honestly
with the scrutiny appropriate to their particular office.
Openness
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Members should be as open as possible about their actions and those of the council,
and should be prepared to justify their actions.
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Personal judgment
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Members can and will take account of the views of others, but should reach their own
conclusions on the issues before them, and act in accordance with those conclusions.
Respect for others
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Elected members should remember the respect and dignity of their office in their
dealings with each other, management and the public.
°
Members should treat people with respect, regardless of their race, age, religion,
gender, sexual orientation, or disability, and should not unlawfully discriminate
against any person or group of persons.
Duty to uphold the law
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Members should uphold the law, and on all occasions, act in accordance with the trust
the public places in them.
Stewardship
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Members must ensure that the council uses resources prudently and for lawful
purposes, and that the council maintains sufficient resources to meet its statutory
obligations.
Leadership
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Members should promote and support these proposals by example, and should
always endeavour to act in the best interests of the community.
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Part Two: Roles and Responsibilities
This part of the code describes the roles and responsibilities of elected members, the
Mayor and Deputy Mayor, and Committee Chairpersons.
Elected Members
Elected members, acting as the council, are responsible for governance, including:
°
the development and adoption of council policy
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monitoring the performance of the council against its stated objectives and policies
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prudent stewardship of council resources
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employment of the Chief Executive
Elected members are also responsible for representing the interests of the residents and
ratepayers of the city.
Unless otherwise provided in the Local Government Act 2002 or in Wellington City
Council’s Standing Orders, the council can only act by majority decisions at meetings.
Any individual member (including the Mayor) has no authority to act on behalf of the
council unless provided for by statute or the council has expressly delegated such
authority.
Elected members are expected to attend the meetings (ordinary and extraordinary) of
Council, as well as the committees and subcommittees, working parties, and external
organisations to which they are appointed. An elected member, unable to attend a
meeting, should advise the Chair or Chief Executive as soon as possible.
Mayor
The Mayor is elected by the district as a whole and as one of the elected members shares
the same responsibilities as other members of council. The Mayor also has the following
roles:
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presiding at council meetings. The Mayor is responsible for ensuring the orderly
conduct of business during meetings (as determined by Standing Orders)
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advocating on behalf of the community. This role may involve promoting the
community and representing its interests. Such advocacy will be most effective where
it is carried out with the knowledge and support of the council
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spokesperson for the council
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ceremonial head of council
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providing leadership and feedback to other elected members on teamwork and
chairing of committees
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fulfilling the responsibilities of a Justice of the Peace (while the Mayor holds office).
Deputy Mayor
The Deputy Mayor must be elected by the members of council, at the first meeting of the
council. The Deputy Mayor exercises the same roles as other elected members, and if the
Mayor is absent or incapacitated, the Deputy Mayor must perform all of the
responsibilities and duties, and may exercise the powers, of the Mayor (as summarised
above). The Deputy Mayor may be removed from office by resolution of council.
Committee Chairpersons
The council may create one or more committees (this includes subcommittees) of
council. A committee chairperson presides over all meetings of the committee, ensuring
that the committee acts within the powers delegated by council. Committee chairpersons
may be called on to act as official spokespersons on issues within the terms of reference
for their committees. Chairpersons may be removed from office by resolution of council.
Council may also appoint deputy chairpersons of committees, who shall fulfil the
functions of the chair when the chairperson is absent.
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Part Three: Relationships and Behaviours
Relationships with Other Members
Elected members will conduct their dealings with each other in ways that:
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maintain public confidence in the office to which they have been elected
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are open and honest
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focus on issues rather than personalities
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avoid aggressive, offensive or abusive conduct.
Relationships with Chief Executive and Staff
The effective performance of council also requires a high level of cooperation and mutual
respect between elected members and staff. To ensure that level of cooperation and trust
is maintained, elected members will:
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recognise that the Chief Executive is the employer (on behalf of council) of all council
employees, and as such only the Chief Executive or his or her delegated appointee
may hire, dismiss or instruct or censure an employee
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make themselves aware of the obligations that the council and the Chief Executive
have as employers and observe those requirements at all times
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treat all employees with courtesy and respect (including the avoidance of aggressive,
offensive or abusive conduct towards employees)
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observe any guidelines that the Chief Executive puts in place regarding contact with
employees
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not do anything which compromises, or could be seen as compromising, the
impartiality of an employee
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avoid publicly criticising any employee in any way, but especially in ways that reflect
on the competence and integrity of the employee
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raise concerns about employees only with the Chief Executive, and concerns about
the Chief Executive only with the Mayor or the Performance Review Subcommittee
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not seek to improperly influence staff in the normal undertaking of their duties.
Elected members should be aware that failure to observe this portion of the code of
conduct may compromise the council’s obligations to act as a good employer and may
expose the council to civil litigation and audit sanctions.
Relationships with the Community
Effective council decision-making depends on productive relationships between elected
members and the community at large.
Members should ensure that individual citizens are accorded respect in their dealings
with the council, have their concerns listened to, and deliberated on in accordance with
the requirements of the Local Government Act 2002.
Members should act in a manner that encourages and values community involvement in
local democracy.
Contact with the Media
The following rules apply for media contact on behalf of council:
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the Mayor (or in the Mayor’s absence, the Deputy Mayor) is the first point of contact
for the official view on any issue. Usually, a matter will be referred to the relevant
committee chairperson for their comment
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comment on operational or management matters should be left to the Chief Executive
and management
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no other member may comment on behalf of council without having first obtained the
approval of the Mayor, or in the Mayor’s absence, the Deputy Mayor.
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Elected members are free to express a personal view in the media, at any time. When
doing so, they should observe the following:
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media comments must not state or imply that they represent the views of council
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where an elected member is making a statement that is contrary to a council decision
or council policy, the member must not state or imply that his or her statements
represent a majority view
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media comments must observe the other requirements of the code of conduct, e.g.
not disclose confidential information.
Confidential Information
In the course of their duties members will receive information that they need to treat as
confidential. Confidential information includes information that officers have judged there
is good reason to withhold under sections 6 and 7 of the Local Government Official
Information and Meetings Act 1987. This will often be information that is either
commercially sensitive or is personal to a particular individual or organisation. The Chief
Executive is responsible for release of this information under the Local Government
Official Information and Meetings Act 1987.
Elected members should be aware that failure to observe confidentiality will impede the
performance of council by inhibiting information flows and undermining public confidence
in the council. Failure to observe these provisions may also expose council to prosecution
under the Privacy Act 1993 and/or civil litigation.
Conflicts of Interest
Elected members shall ensure they comply with the provisions of the Local Authorities
(Members’ Interests) Act 1968, which covers financial interests, and with other
requirements relating to non-pecuniary conflicts of interest. Members should ensure they
are familiar with the guidance contained in the Council publication Conflict of Interest
Guidelines.
Members shall, within 30 days of a request by the Chief Executive, or following the
triennial election, complete a declaration of interests. That declaration shall be updated
whenever members’ interests change.
Ethics
Wellington City Council seeks to promote the highest standards of ethical conduct
amongst its elected members. Accordingly, elected members will:
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claim only for legitimate expenses as laid down by any determination of the
Remuneration Authority then in force, and any lawful policy of council developed in
accordance with that determination
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not influence, or attempt to influence, any council employee to take actions that may
benefit the member, or the member’s family or business interests
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not use council resources for personal business (including campaigning)
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not abuse the advantages of their official position for personal gain, or solicit or
accept gifts, entertainment, rewards or benefits that might compromise their
integrity.
Bankruptcy
Elected members who are declared bankrupt shall notify the Chief Executive as soon as
practicable after being declared bankrupt.
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Part Four: Compliance and Review
Compliance
Elected members must comply with the provisions of this code of conduct. Members 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 elected
members. Short explanations of the obligations that each of these Acts has with respect
to conduct of elected members is attached in Appendix 1 to this code.
Breaches of statutory provisions
Where there are statutory provisions:
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breaches relating to members’ interests render members liable for prosecution by the
Auditor-General under the Local Authorities (Member’s Interests) Act 1968
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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
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breaches relating to the commission of a criminal offence may leave the elected
member liable for criminal prosecution.
Breaches of non-statutory provisions
Any alleged breach by a member of the provisions of the code for which there is not a
process and penalty provided elsewhere shall be reported in a timely manner to the
Mayor in the first instance. The Mayor, in concert with the Chief Executive (where
appropriate), shall consider each allegation in a manner that is fair to all parties involved
in the allegation, including ensuring that due process is respected. This will include
ensuring that members named in an allegation are given an opportunity to consider and
respond to that allegation. If, following the opportunity to respond to the allegation, it is
considered that an allegation of a breach of the code is well-founded, the Mayor shall
inform the member concerned and take any appropriate lawful action, such as censure.
Any alleged breach by the Mayor shall be reported in a timely manner to the Chief
Executive, who shall consider and deal with the allegation, seeking advice as appropriate.
The Chief Executive shall consider each allegation in a manner that is fair to all parties
involved in the allegation, including ensuring that due process is respected. This will
include ensuring that the Mayor is given an opportunity to consider and respond to that
allegation.
If an alleged breach is considered to be of a serious enough nature, or if there is an
allegation of repeated breaches of the code, the Mayor (or in the case of an alleged
breach by the Mayor, the Chief Executive) may instead refer the matter to council.
Council will be asked to consider and determine whether a breach of the code has
occurred and, if so, what consequences for the elected member should arise from that
breach. In completing a report to Council, fairness to all parties involved, and due
process, will be respected, including ensuring the member named in the allegation is
advised of the allegation and given an opportunity to consider and respond to it before
the matter is considered by council. Council’s consideration of the matter will comply
with statutory requirements relating to matters such personal privacy, or confidentiality
of information.
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 the conduct, or the
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adoption of a new code, require a resolution supported by 75 per cent or more of the
members of the council present.
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 council for their consideration
and vote.
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Appendix 1
Legislation Bearing on the Role and Conduct of Elected Members
This is a summary of the legislation requirements that has some bearing on the duties
and conduct of elected members. Copies of these statutes can be found in the council
library or in the office of the Chief Executive.
Local Authorities (Members’ Interests) Act 1968
This Act regulates situations where a member’s personal interests impinge, or could be
seen as impinging on their duties as an elected member.
The Act provides that an elected member is disqualified from office if that member is
concerned or interested in contracts under which payments made by or on behalf of the
local authority exceed $25,000 in any financial year.
Additionally, elected members are prohibited from participating in any council discussion
or voting on any matter in which they have a pecuniary interest, other than an interest in
common with the general public. The same rules also apply where the member’s spouse
contracts with the authority or has a pecuniary interest.
Members may also contact the Audit Office for guidance as to whether that member has
a pecuniary interest, and if so, may seek an exemption to allow that member to
participate or vote on a particular issue in which they may have a pecuniary interest. The
latter must be done before the discussion or vote. The Chief Executive must also seek
approval from the Audit Office for contractual payments to members, their spouses or
their companies that exceed the $25,000 annual limit.
Failure to observe these requirements could also leave the elected member open to
prosecution under the Local Authorities (Members’ Interests) Act 1968. In the event of a
conviction elected members can be ousted from office.
Local Government Official Information and Meetings Act 1987
The Local Government Official Information and Meetings Act 1987 sets out a list of
meetings procedures and requirements. Of particular importance for the roles and
conduct of elected members is the fact that the chair has the responsibility to maintain
order at meetings.
Secret Commissions Act 1910
Under this Act it is unlawful for an elected member (or officer) to advise anyone to enter
into a contract with a third person and receive a gift or reward from that third person as
a result, or to present false receipts to council.
If convicted of any offence under this Act a person can be imprisoned for up to 2 years,
or fines up to $1000, or both. A conviction therefore would trigger the ouster provisions
of the Local Government Act 2002 and result in the removal of the member from office.
Crimes Act 1961
Under this Act it is unlawful for an elected member (or officer) to:
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accept or solicit for themselves (or anyone else) any gift or reward for acting or not
acting in relation to the business of council
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use information gained in the course of their duties for their, or another persons,
monetary gain or advantage.
These offences are punishable by a term of imprisonment of 7 years or more. Elected
members convicted of these offences will also be automatically ousted from office.
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Securities Act 1978
The Securities Act 1978 essentially places elected members in the same position as
company directors whenever council offers stock to the public. Elected members may be
personally liable if investment documents such as a prospectus contain untrue
statements and may be liable for criminal prosecution if the requirements of the Act are
not met.