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The aim of the scenarios is to explore some of the ethical risks that are faced by elected members in five key areas and provide an opportunity for participants to discuss how these risks could be best managed.
The scenario looks at
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Councillors need to balance relationships with a diverse range of stakeholders while ensuring they behave ethically and line with both the Local Government Act 1993 and regulations, and their council's code of conduct and relevant policies.
Scenario | Risk | Guidance |
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'Spreading the word' | Behaviour: Use of social media (Facebook) to express a personal view that does not align with the council's view. Impact: Undermines public confidence in the council. | Your Council's code of conduct Your Council's social media and communications policy |
'On good authority' | Behaviour: A councillor directing office staff and the use of power and authority. Impact: Diverts council resources inappropriately toward personal interests. Staff performance is the responsibility of the general manager, not elected members. | The Local Government Act 1993 (s28)(3) - In performing any function under this Act or any other Act, a councillor must not direct or attempt to direct an employee of the council in relation to the discharge of the employee's duties. (S28A) provides that councillors are to request information through the general manager. |
'Right to know' | Behaviour: Councillors at a council meeting discussing the public's right to know vs the requirement to maintain confidentiality of council information. Impact: Breach of confidentiality requirements could:
| The Local Government Act 1993 (s338A) - Disclosure of information: A councillor must not disclose information: a. seen or heard by the councillor at a meeting or part of a meeting of a council or council committee that is closed to the public that is not authorised by the council or council committee to be disclosed; or b. given to the councillor by the mayor, deputy mayor, chairperson of a meeting of the council or council committee or the general manager on the condition that it be kept confidential. Your Council's code of conduct Your Council's use of information policy |
'It's just not cricket' | Behaviour: Acceptance of a gift (tickets) at a community club function. Impact: Raises issues of actual, perceived or potential conflict of interest and pecuniary interest. | The Local Government Act 1993 - Part 5 - Pecuniary Interest and Part 5A - Gifts and Benefits Your Council's code of conduct Your Council's gifts and benefits policy |
'A tale of two sisters' | Behaviour:
Impact: Breach of confidentiality requirements could:
| The Local Government Act 1993 (s338A) - Disclosure of information: A councillor must not disclose information: a. seen or heard by the councillor at a meeting or part of a meeting of a council or council committee that is closed to the public that is not authorised by the council or council committee to be disclosed; or b. given to the councillor by the mayor, deputy mayor, chairperson of a meeting of the council or council committee or the general manager on the condition that it be kept confidential. Your Council's code of conduct Your Council's use of information policy |