The Council's Constitution
Part 6 - Codes of Conduct and Working Protocols
1. PROTOCOL ON COUNCILLOR /
OFFICER RELATIONS
(Approved by the Council on 12 September 2002)
1.
INTRODUCTION
1.1 The relationship between
Councillors and officers is an essential component of the
successful working of the organisation. This relationship within
the authority is characterised by mutual reslpect, informality and
trust. Councillors and officers should feel free to speak to one
another openly and honestly. Nothing in this Protocol is intended
to change this relationship. The purpose of this Protocol is rather
to help Councillors and officers to perform effectively by giving
guidance on their respective roles and expectations and on their
relationship with each other. The Protocol also gives guidance on
what to do on the rare occasions when things go wrong.
Responsibility for the operation of this Protocol lies with the
Head of the Paid Service with issues of interpretation determined
by the Monitoring Officer.
1.2 The Protocol must be read and
operated subject to any relevant legislation and national and local
Codes of Conduct and any procedure for confidential reporting.
1.3 Nothing in this Protocol shall be
construed as being applicable to the relationship between a
political research assistant appointed by the Council and
councillors. Separate considerations apply to the relationship
between political research assistants, as officers of the Council
and councillors which are beyond the scope of this document.
2. ROLES
OF COUNCILLORS AND OFFICERS
2.1 The respective roles of
Councillors and officers can be summarised as follows:
Councillors and officers are servants of the public and they are
indispensable to one another. But their responsibilities are
distinct. Councillors are responsible to the electorate and serve
only so long as their term of office lasts. Officers are
responsible to the Council. Their job is to give advice to
Councillors and to the authority, and to carry out the authority's
work under the direction and control of the Council, the Executive,
and relevant committees, etc.
Mutual respect between Councillors and officers is essential to
good local government
2.2 Councillors
Councillors have five main areas of responsibility:
(a) determining the policy of the authority and giving it
political leadership,
(b) monitoring and reviewing the performance of the authority in
implementing that policy and delivering services'
(c) representing the authority externally, and
(d) acting as advocates on behalf of their constituents
(e) making decisions.
It is not the role of Councillors to involve themselves in the
day to day management of the authority's services.
2.3
Members of the Executive, Chairs and Vice Chairs
Members of the Executive and Chairs and Vice Chairs of
Committees, Boards, Panels etc. have additional responsibilities.
Because of those responsibilities, which are set out in The
Council’s Constitution, their relationships with employees may
different from, and more complex than those of Councillors without
those responsibilities and this is recognised in the expectations
they are entitled to have. However, such Councillors must still
respect the impartiality of officers, must not ask them to
undertake work of a party political nature, or to do anything which
would put them in difficulty in the event of a change in the
political composition of the authority.
2.4
Other Councillors
As individual Councillors, all Councillors have the same rights
and obligations in their relationship with officers and should be
treated equally. This principle is particularly important in the
context of scrutiny and overview. However, where a political group
forms an administration, either alone or in partnership with
another group or groups, it is recognised that the administration's
legitimate expectations of officers, particularly those at a senior
level in the organisation, will differ from that of other political
groups.
2.5 Officers
The role of officers is to give advice and information to
Councillors and to implement the policies determined by the
authority.
In giving such advice to Councillors, and in preparing and
presenting reports, it is the responsibility of the officer to
express his/her own professional views and recommendations. Whilst
an officer may report the views of individual Councillors on an
issue, if the Councillor wishes to express a contrary view he/she
should not seek to pressure the officer to make a recommendation
contrary to the officer's professional view.
Certain officers e.g. Head of Paid Service, Monitoring Officer,
Chief Finance Officer (Section 151 Officer) and the Statutory Chief
Officers (the Education Director and Strategic Director (Social
& Housing Services) ) have responsibilities in law over and
above their obligations to the authority and to individual
Councillors, and Councillors must respect these obligations, must
not obstruct officers in the proper discharge of these
responsibilities, and must not victimise officers for properly
discharging these responsibilities.
3.
EXPECTATIONS
3.1 Councillors can expect from
officers:
(a) A commitment to the authority as a whole, and not to any
political group
(b) A working partnership
(c) An understanding of and support for respective roles,
workloads and pressures
(d) Timely response to enquiries and complaints
(e) Professional advice, not influenced by political views or
preference, which does not compromise the political neutrality of
officers
(f) Regular, up to date information on matters that can
reasonably be considered appropriate and relevant to their needs,
having regard to any individual responsibilities that they have and
positions that they hold
(g) Awareness of and sensitivity to the political
environment
(h) Respect, dignity and courtesy
(i) Training and development in order to carry out their role
effectively
(j) Integrity, mutual support and appropriate
confidentiality. This will include the right for Councillors to
make, and officers to respect, requests for confidential
information and correspondence will not be copied by officers to
any other Member unless it is considered, in the circumstances,
that the officer is under a legal duty to do so. Where it is
necessary to copy the correspondence to another Member, this will
be made clear in the correspondence with the Councillor who
initiated the correspondence.
(k) Not to have personal issues or concerns raised with them or
about them by officers other than via agreed procedures
(l) That employees will not use their relationship with
Councillors to advance their personal interests or to influence
decisions improperly
(m) That officers will at all times comply with the relevant
Code of Conduct
(n) Support for the role of Councillors as the local
representatives of the authority, within any scheme of support for
Councillors which may be approved by the authority, subject to the
limitations outlined at 3.4 below.
(o) Assistance by way of information and advice but only insofar
as (i) the volume and frequency of request is within manageable
bounds and (ii) the effect of providing such information and advice
could not be detrimental to agreed Council policy or properly
authorised decisions.
3.2 Officers can expect from
Councillors:
(a) A working partnership
(b) An understanding of and support for respective roles,
workloads and pressures
(c) Political leadership and direction
(d) Respect, dignity and courtesy
(e) Integrity, mutual support and appropriate
confidentiality
(f) Not to be subject to bullying or to be put under undue
pressure. Councillors should have regard to the seniority of
officers in determining what are reasonable requests, having regard
to the fact that Councillors represent the employer and the
potential vulnerability of officers, particularly at junior
levels
(g) That Councillors will not use their position or relationship
with officers to advance their personal interests or those of
others or to influence decisions improperly
(h) That Councillors will at all times comply with the relevant
Code of Conduct
(i) Not to be the subject of public personal comment by
or criticism from Councillors and that concerns or comment will
only be made or expressed in accordance with Section 5.
(j) Recognition that officers work for the Council, not
for individual Members, and it is for the Council and not the
individual Member to set priorities when it comes to the allocation
of Council resources subject to the statutory and common law rights
of Councillors and the law.
(k) To be allowed to progress approved Council policy subject to
appropriate scrutiny.
3.3
Limitations upon Behaviour
The distinct roles of Councillors and officers necessarily
impose limitations upon behaviour. By way of illustration, and not
as an exclusive list:
(a) Close personal relationships between Councillors and
officers can confuse these separate roles and get in the way of the
proper discharge of the authority's functions, not least in
creating the perception in others that a particular Councillor or
officer may secure advantageous treatment.
(b) The need to maintain the separate roles means that there are
limits to the matters on which they may seek the advice of
officers, both in relation to personal matters and party political
issues.
(c) Relationships with a particular individuals or party
groups should not be such as to create public suspicion that an
employee favours that Councillor or group above others. The issue
of officer attendance and advice to political groups is
specifically covered below.
(d) To ensure that the distinct roles of Councillors and
Officers are maintained and that the public perception is that of
an appropriate professional relationship, it is advisable at
meetings at which the public are present for Councillors and
Officers to address each other by appropriate titles and
surnames.
3.4 As employer, the Council has a duty
to provide and maintain a working environment which is reasonably
tolerable to all its employees and to protect them insofar as it is
able to from unacceptable treatment and behaviour and unauthorised
interference in work duties. All Councillors, as representatives of
the employer, must ensure that they discharge their duties as
employer fairly and impartially and not do anything to undermine
the relationship of mutual trust and confidence which must exist
between the Council and its employees. It should be noted that the
more influential position with the Council a Councillor holds, the
more it is likely that his or her views or actions could be deemed
to be those of the Council acting in his capacity as employer.
In seeking advice and support, Councillors should have due
regard to the seniority of the officer with whom they are dealing
and recognise that whilst these officers owe an overriding duty to
the Council as a whole, such duties are first owed in practice to
their respective line managers and the Chief Executive and not to
any individual Member. For this reason, Members should not give
direct instructions to staff unless they are duly authorised to do
so by the Council's Constitution or the office which they hold. If
so authorised, instructions should be given to the relevant
Director of Head of Service and not to a more junior officer other
than with the agreement of the Director or due Head of Service
concerned.
A number of broad propositions may be drawn from the above which
are stated in Section 6 as broad statements of principle which will
be used to aid interpretation of this document and other documents
that concern the rights and obligations of Members and Officers
towards each other.
4. POLITICAL
GROUPS
4.1 The operation of political groups
is now an integral feature of local government, and such political
groups have an important part to play in the development of policy
and the political management of the authority. It is in the
interests of the authority to support to effective operation of
political groups, but their operation can pose particular dangers
in terms of the impartiality of officers.
4.2 Reports:
(a) Political groups may request the Chief Executive to prepare
or arrange for the preparation of a written report on matters
relating to the authority for consideration by the group. The Chief
Executive will consider whether it is proper so to do.
(b) Officer reports to political groups will be limited to a
statement of material facts and identification of options and the
merits and demerits of such options for the authority. Reports will
not deal with any political implications of the matter or any
option, and officers will not make any recommendation to a
political group.
(c) Where a report is prepared for a political group, the Chief
Executive will advise all other groups that the report has been
prepared and will provide a copy of that report to any group upon
request.
4.3 Officer Attendance
(a) Any political group may request the Chief Executive to
attend or arrange for another to attend a meeting of the group to
advise on any particular matter relating to the authority.
(b) The Chief Executive may arrange for the attendance of a
representative in his/her stead, or may decline to attend or to
provide a representative where he/she is of the opinion that the
particular issue is of such a political nature that it would be
improper to attend
(c) Officers' advice to political groups will be limited to a
statement of material facts and identification of options and the
merits and demerits of such options for the authority. Advice will
not deal with any political implications of the matter or any
option, and officers will not make any recommendation to a
political group.
(d) Where an officer attends a political group, the Chief
Executive will advise all other groups that the officer has
attended and the subject upon which he/she has given
information
(e) Officers will respect the confidentiality of any matter
which they hear in the course of attending a political group
meeting.
5. WHEN
THINGS GO WRONG
5.1 Procedure for officers
An Officer should not raise matters relating to the conduct or
capability of a Member other than in a confidential way. Where an
Officer feels that she/he has not been properly treated with
respect and courtesy by a Councillor, they should raise the matter
with their Head of Service, their Director or the Chief Executive
as appropriate. As a normal rule, the Officer concerned should
approach the Member in confidence first if they consider they are
able to do so to explain their concerns. In the event either that
this is unsuccessful, or the Officer concerned considers he/she
cannot take this course of action, their line manager will consider
what action should be taken and will involve the individual Member
and/or their Group Leader in those discussions.
The aim of these discussions is to resolve the matter by
conciliation and accommodation, rather than by more formal means.
Nevertheless, it must be recognised that an Officer, like anybody
else, is entitled to make an allegation of a breach of the Code of
Local Conduct for Councillors to the Standards Board for England.
It should be noted that the Council's Grievance Procedure is
inappropriate in these circumstances and the Council's Bullying and
Harassment Policy provides that concerns about the conduct of
elected Members should be referred to the Monitoring Officer.
5.2
Procedure for Councillors
In the event that a Councillor is dissatisfied with the conduct,
behaviour or performance of an officer, the matter should be raised
with the appropriate Officer's Head of Service. Where the officer
concerned is a Head of Service the matter should be raised with the
appropriate Director and, when the Officer is a Director, with the
Chief Executive. Where the employee concerned is the Chief
Executive, the matter should be raised with the Monitoring Officer
who will discuss the issues raised with the Group Leaders. In all
cases, the Officer with whom the issue is raised will report back
to the Councillor concerned, giving as much information as he/she
can as to the conclusions he/she has reached.
The procedure for Councillors is only appropriate where the
Councillors concerns arise in his or her capacity as a Councillor,
rather than as a service user or individual affected by the
Council's decisions. If this is the case, then the Councillor's
concerns as an individual should be dealt with in the same way as
any other individuals concerns by reference to the appropriate
complaints procedure.
6.
GENERAL PROPOSITIONS
Set out below are some general propositions commended to the
Council by the District Auditor. It must be clearly
understood that these are no more than general propositions and
that nothing that is stated in them in any way affects the
overriding principle that a councillor has rights of access to
information, meetings and so on under both statute and common
law. This Protocol cannot, nor does it purport to, override
those rights. What the general principles seek to do is set
out an expectation of the “norm” as a benchmark against which
requirements for assistance and information can be assessed.
The law is clear that ultimately it will be a matter for the
appropriate committee of the Council or the Council Executive
itself to determine whether or not a “need to know” arises albeit
that such a decision will clearly be subject to the supervisory
jurisdiction of the courts.
6.1 Members are generally entitled to
receive the information they reasonably require for the purpose of
their roles as Councillors, but there must be limits in terms of
volume time and so on. In the end, it is for the Council to decide
what the priorities are for the use of its Officers' time.
6.2 Officers work for the Council, not
for individual Members, and their first and primary efforts must be
devoted to carrying out the decisions of the Council.
6.3 It is necessary to recognise the
difference between Members pursuing legitimate issues or concerns,
eg relating to propriety, compliance with Council decision, the
quality of Executive performance and so on, and unduly interfering
with Management and Executive tasks.
6.4 Councils inevitably are engaged
from time to time in transactions where confidentiality has to be
maintained if the Council's interests are to be protected and there
needs to be confidence this is being honoured by Members and
Officers as required by the Council's Local Code of Conduct for
Councillors and the Employee Code of Conduct.
6.5 There are inevitable ambiguities in
a relationship between an individual Councillor and outside
advisers for whom the Council is formally the client who usually
work through named Officers. For this reason, Councillors should
not approach outside advisers direct and should channel enquiries
or issues through the Officer contact for that adviser.
6.6 There are particular
characteristics of e-mail, notably its immediacy, which can create
a greater sense of bombardment or harassment than traditional forms
of correspondence which needs to be recognised and managed.
6.7 The Council has responsibility for
staff requiring it to consider whether the behaviour of Councillors
might be injurious to individual members of staff and, if so, to
consider how such injury could be avoided or minimised.
7. MANAGEMENT
OF THE MEMBER/OFFICER PROTOCOL
7.1 The Chief Executive, as Head of
Paid Service, is ultimately responsible for ensuring the legitimate
approved policies of the Council are implemented, the proper
management of the member/officer interface and that the Council
discharges its duties as an employer towards its employees. It is
therefore his responsibility to ensure that both the spirit and the
letter of this Member Officer Protocol are observed and will fall
to him, in consultation with the Monitoring Officer to make
judgements as to whether or not it is considered that the Member
Officer Protocol has been breached. For example, if demands
of an individual Councillor are excessive or deflecting resources
from agreed Council priorities and/or members of staff feel unduly
harassed or bullied.
7.2 In the event that the Chief
Executive considers this to be the case, he will review the matter
with the Councillor concerned, together with their Group Leader. If
this meeting does not reach an acceptable understanding, following
further consultation with the Monitoring officer and the Group
Leader, either or both the following actions may be initiated:-
(i)
The Councillor's access to Officers may be restricted to a single
individual who will have authority to arrange for their concerns
and enquiries to be dealt with as appropriate. This may include
leaving the matters to lie in the file until either resource of
dealing with the matter can be released, or deciding that no
further action shall be taken. the Councillor concerned will, of
course, have the right to request a review by the appropriate
Council decision making body.
(ii) In the event that the
matter cannot be resolved to all concerned satisfaction informally,
the Chief Executive may consider that a complaint should be made to
the Council's Standards Committee. This will be processed in
accordance with the Standards Committee's agreed procedure.
7.3 Concerns raised by a Councillor
about officer conduct will be dealt with in accordance with
paragraph 5.2 above.
2. CODE OF GOOD PRACTICE
ON PUBLICITY
Why Have a Code?
Local authorities are accountable to their electorate. Local
accountability requires local understanding. This will be promoted
by local authorities explaining their objectives and policies to
their electors and ratepayers. In recent years authorities have
increasingly used publicity to keep the public informed and to
encourage greater participation. Local authorities also need to
tell the public about the services which they provide.
Increasingly, local authorities see the task of making the public
aware of the services available as an essential part of providing
all kinds of services. Good, effective publicity, aimed at improved
public awareness of a council's activities, is to be welcomed. This
Code is not intended to discourage such publicity.
Publicity is, however, a sensitive matter in any political
environment, because of the impact which it can have. Expenditure
on publicity by some local authorities has been significant. It is
essential, therefore, to ensure that local authority decisions on
publicity are properly made, in accordance with clear principles of
good practice. The purpose of the Code is to set out such
principles. It reflects the conventions which should apply to all
publicity at public expense and which traditionally have applied in
both central and local government.
The principles set out below recognise the political nature of
local government. They take account of the fact that some local
authority publicity will deal with issues that are controversial
because of particular local circumstances, or because of a
difference of view between political parties locally or nationally.
The principles do not prohibit the publication of information on
politically sensitive or controversial issues, nor stifle public
debate. They set out the matters a local authority should consider,
to safeguard both the proper use of public funds and those members
of the public at whom publicity is directed. They apply to all
publicity, but some aspects will be especially relevant to
publicity which deals with controversial or sensitive issues. The
underlying objective of the Code is to ensure the proper use of
public funds for publicity.
Scope of the Code
The Code is not concerned with the interpretation of Section 2
of the Local Government Act 1986. (That section provides that a
local authority shall not publish (or assist others to publish)
material which, in whole or in part, appears to be designed to
affect public support for a political party.) The Code is concerned
with all the other publicity which a local authority may publish.
In particular, it highlights factors which should be borne in mind
about decisions on publicity which deals with matters or issues
which are, politically or otherwise, controversial, but which are
not prohibited by Section 2.
Section 6 of the 1986 Act defines publicity as "any
communication, in whatever form, addressed to the public at large
or to a section of the public". The Code will therefore be relevant
across the whole range of local authorities' work. It covers all
decisions by a local authority on publicity and most public
relations activities, such as paid advertising and leaflet
campaigns, and local authority sponsorship of exhibitions and
conferences, as well as assistance to others to issue publicity.
The Code has no relevance to the methods which a local authority
may use to make its views known where these do not involve
publicity in the sense of the 1986 Act.
The Code does not affect the ability of local authorities to
assist charities and voluntary organisations which need to issue
publicity as part of their work, but it requires local authorities,
in giving such assistance, to consider the principles on which the
Code is based and to apply them accordingly.
By virtue of Section 6(6) of the 1986 Act, nothing in the Code
is to be construed as applying to any decision by a local authority
in the discharge of their duties under the Local Government (Access
to Information) Act 1985.
Alteration to the Code - Local Authorities in
England
The alterations to the Code which are set out [below] shall
apply in relation to county councils, district councils and London
borough councils in England only. The alterations reflect changes
in council constitutions and the advent of referendums and
petitions. Throughout this Code, as it applies to such local
authorities in England, and reference to "councillor" includes,
unless the context requires otherwise, a reference to an elected
mayor. The alterations shall have effect on and after Monday 2nd
April 2001.
Code of Recommended Practice:
Subject matter
1. Local authorities have a variety of statutory powers which
enable them to produce publicity and circulate it widely, or to
assist others to do so. Those commonly used include the powers in
Sections III, 142, 144 and 145 of the Local Government Act 1972,
Sections 69,88 and 90 of the Local Government (Scotland) Act 1973
and Sections 15 and 16 of the Local Government and Planning
(Scotland) Act 1982; but there are several others.
2. Some of these powers relate directly to the publishing
authority's functions. Others give a more general discretion to
publicise matters which go beyond an authority's primary
responsibilities. For example, Sections 142(1 A) of the 1972 Act
and 88(I) of the 1973 Act authorise local authorities to arrange
for the publication within their area of information as to the
services available in the area provided by them or by other local
authorities; and Section 54 of the Public Health (Control of
Disease) Act 1984 empowers local authorities to arrange for the
publication within their area of information on questions relating
to health or disease.
3. This discretion provides an important degree of flexibility,
but also heightens the need for a responsible approach to
expenditure decisions.
4. In considering the subject areas in which publicity is to be
issued, the following matters will be important:
(i)
the publicity should be relevant to the functions of the
authority.
(ii) it should not duplicate unnecessarily publicity
produced by central government, another local authority or another
public authority.
(i)
has been removed.
Costs
5. Local authorities are accountable to the public for the
efficiency and effectiveness of their expenditure, in the first
instance through the audit arrangements.
6. For publicity, as for all other expenditure, the aim should
therefore be to achieve the greatest possible
cost-effectiveness.
7. To achieve this, there may well be cases where the benefit of
higher expenditure to gain better presentation or improve other
aspects of publicity will justify the extra cost.
8. Local authorities should therefore always have in mind the
extent to which expert advice is needed for publicity.
9. In some cases publicity may justify its cost by virtue of
savings which it achieves. More commonly it will be necessary to
take a view of the importance of the unquantifiable benefits as
compared with other uses to which the resources could be put.
10. In deciding whether the nature and scale of proposed
publicity, and consequently its cost, are justified, the following
matters will be relevant:
(i) whether the publicity is statutorily required or is
discretionary
(ii) where it is statutorily required, the purpose to be served
by the publicity
(iii) whether the expenditure envisaged is in keeping with the
purpose and expected effect of the publicity.
Content and style
11. Local authorities produce a variety of publicity material.
It ranges from factual information about the services provided by
the authority, designed to inform clients or attract new ones, to
material necessary to the administration of the authority, such as
staff recruitment advertising. There will also be publicity to
explain or justify the council's policies either in general, as in
the annual report, or on specific topics, for example as background
to consultation on the line chosen for a new road.
12. Any publicity describing the council's policies and aims
should be as objective as possible, concentrating on facts or
explanation or both.
13. Where publicity is used to comment on, or respond to, the
policies and proposals of central government, other local
authorities or other public authorities, the comment or response
should be objective, balanced, informative and accurate. It should
aim to set out the reasons for the council's views, and should not
be a prejudiced, unreasoning or political attack on the policies or
proposals in question or on those putting them forward. Slogans
alone will not be an adequate means of justifying or explaining the
authority's views or their policy decisions.
14. Publicity relating to the provision of a service should
concentrate on providing factual information about the service.
15. In some cases promotional publicity may be appropriate - for
example about the local authority's sports and leisure facilities
or about tourist attractions.
16. Publicity touching on issues that are controversial, or on
which there are arguments for and against the views or policies of
the council is unavoidable, particularly given the importance of
wide consultation whenever material issues arise. Such publicity
should be handled with particular care. Issues must be presented
clearly, fairly and as simply as possible, although councils should
not over-simplify facts, issues or arguments. Again, it is unlikely
that slogans alone will achieve the necessary degree of balance, or
capture the complexities of opposing political arguments.
17. Publicity should not attack, nor appear to undermine,
generally accepted moral standards.
18. Publicity campaigns by local authorities are appropriate in
some circumstances: for example, as part of consultation processes
where local views are sought, or to promote the effective and
efficient use of local services and facilities, or to attract
tourists or investment. Publicity campaigns may also be an
appropriate means of influencing public behaviour or attitudes on
such matters as health, safety, crime prevention or equal
opportunities.
19. Legitimate concern is, however, caused by the use of public
resources for some forms of campaigns which are designed to have a
persuasive effect. Publicity campaigns can provide an appropriate
means of ensuring that the local community is properly informed
about a matter relating to a function of the local authority and
about the authority's policies in relation to that function and the
reasons for them. But local authorities, like other public
authorities, should not use public funds to mount publicity
campaigns whose primary purpose is to persuade the public to hold a
particular view on a question of policy.
Dissemination
20. The main purposes of local authority publicity are to
increase public awareness of the services provided by the authority
and the functions it performs to allow local people to have a real
and informed say about issues that affect them; to explain to
electors and ratepayers the reasons for particular policies and
priorities; and in general to improve local accountability.
21. Information and publicity produced by the council should be
made available to all those who want or need it. Local authorities
should not discriminate in favour of, or against, persons or groups
in the compilation and distribution of material for reasons not
connected with the efficiency and effectiveness of issuing the
publicity.
22. Where material is distributed on matters closely affecting
vulnerable sections of the community - for example, the elderly
-particular care should be taken to ensure that it is unambiguous,
readily intelligible and unlikely to cause needless concern to
those reading, seeing or listening to it.
23. Local authority newspapers, leaflets, other publicity
distributed unsolicited from house to house and information on
websites are able to reach far wider audiences than publicity
available on application to the council. Councils should give
particular attention to the use of electronic and other new media
communications systems. However, councils should ensure that they
do not rely solely on such mechanisms and that they do not exclude
those without access or easy access to such systems.
24. Such publicity should be targeted as appropriate for its
purposes, taking particular care with material touching on
politically controversial issues.
[The new paragraph 24 replaces the old paragraphs 24 and 25]
25. Local authority newspapers or information bulletins are a
special case. They are' often a cost-effective means of
disseminating information, or facilitating consultation and can
provide a means for local people to participate in debate on
decisions the council is to take. The advantage of using websites
and other information technology for consultations should also be
considered. Inevitably such publications will touch on
controversial issues and where they do, they should treat such
issues in an objective and informative way, bearing in mind the
principles set out in paragraphs I I -19 of the Code.
26. Where it is important for information to reach a particular
target audience, consideration should be given to using the
communications networks of other bodies, for example those of
voluntary organizations, and making use of electronic
communications systems.
Advertising
27. Advertising, especially on billboards or on television and
radio is a highly intrusive medium. It can also be expensive. It
may, however, provide a cost effective, efficient means of
conveying public information to the widest possible audience.
Advertising on local radio networks has, for example, been used as
a relatively inexpensive means of telling potential clients about
local authority services. Advertising can also be the most
cost-effective means of publicising a local authority's activities
on promoting the social, economic and environmental well-being of
the area.
28. The primary criterion for decisions on whether to use
advertising should be cost-effectiveness.
29. Advertisements are not normally likely to be appropriate as
a means of explaining policy or commenting on proposals, since an
advertisement by its nature summarises information, compresses
issues and arguments and markets views and opinions.
30. Advertising in media which cover an area significantly wider
than that of the authority is not likely to be an appropriate means
of conveying information about a local authority's policies as
opposed to attracting people to the authority's area or to use its
facilities.
31. The attribution of advertising material, leaflets and other
forms of publicity that reach the public unsolicited should be
clearly set out.
32. It is not acceptable, in terms of public accountability, to
use the purchase of advertising space as a disguised means of
subsidy to a voluntary, industrial or commercial organisation. Such
support should be given openly through the normal grant
arrangements. However, the condition attached to a grant may
require the provision of publicity, including publicity for the
work of the authority.
33. Any decision to take advertising space in a publication
produced by a voluntary, industrial or commercial organisation
should be made only on the grounds that it provides an effective
and efficient means of securing the desired publicity.
34. Local authorities should never use advertising as a means of
giving financial support to any publication associated with a
political party.
Recruitment advertising
35. Local authorities have respected in their staff employment
policies the tradition of a politically impartial public service.
Their recruitment publicity should reflect this tradition, and the
fact that local authority staff are expected to serve the authority
as a whole whatever its composition from time to time.
36. The content of recruitment publicity and the media chosen
for advertising job vacancies should be in keeping with the
objective of maintaining the politically independent status of
local authority staff.
37. Advertisements for staff should not be placed in party
political publications.
Individual Councillors
38. Publicity about individual councillors may include the
contact details, the positions they hold in the Council (for
example, member of the Executive or Chair of Overview and Scrutiny
Committee), and their responsibilities. Publicity may also include
information about individual councillors' proposals, decisions and
recommendations only where this is relevant to their position and
responsibilities within the Council. All such publicity should be
objective and explanatory, and whilst it may acknowledge the part
played by individual councillors as holders of particular positions
in the Council, personalisation of issues or personal image making
should be avoided.
39. Publicity should not be, or liable to misrepresentation as
being party political. Whilst it may be appropriate to describe
policies put forward by an individual councillor which are relevant
to her/his position and responsibilities within the Council, and to
put forward her/his justification in defence of them, this should
not be done in party political terms, using political slogans,
expressly advocating policies of those of a particular political
party or directly attacking policies and opinions of other parties,
groups or individuals.
Elections, Referenda and Petitions
40. The period between the notice of an election and the
election itself should preclude proactive publicity in all its
forms of candidates and other politicians involved directly in the
election. Publicity should not deal with controversial issues or
report views, proposals or recommendations in such a way that
identifies them with individual members or groups of members.
However, it is acceptable for the authority to respond in
appropriate circumstances to events and legitimate service
enquiries provided that their answers are factual and not party
political. Members holding key political or civic positions should
be able to comment in an emergency or where there is a genuine need
for a member level response to an important event outside the
authority's control. Proactive events arranged in this period
should not involve members likely to be standing for election.
41.The Local Authorities (Referendums) (Petitions and
Directions) (England) Regulations 2000 (which apply under the Local
Government Act 2000 to county councils, district councils and
London borough councils) prohibit an authority from incurring any
expenditure to:
- publish material which appears designed to influence local
people in deciding whether or not to sign a petition requesting a
referendum on proposals for an elected mayor;
- assist anyone else in publishing such material; or
- influence or assist others to influence local people in
deciding whether or not to sign a petition.
Publicity in these circumstances should, therefore, be
restricted to the publication of factual details which are
presented fairly about the petition proposition and to explaining
the council's existing arrangements. Local authorities should not
mount publicity campaigns whose primary purpose is to persuade the
public to hold a particular view in relation to petitions generally
or on a specific proposal.
42. County councils, district councils and London borough
councils should ensure that any publicity about a referendum under
Part II of the Local Government Act 2000 either prior to or during
the referendum period is factually accurate and objective.Tbe
referendum period means the period beginning with the date on which
proposals under Part II of the 2000 Act are sent to the Secretary
of State and ending with the date of the referendum. The publicity
should not be capable of being perceived as seeking to influence
public support for, or opposition to, the referendum proposals and
should not associate support for, or opposition to, the proposals
with any individual or group. Local authorities must conform with
any specific restrictions on publicity activities which are
required by Regulations under Section 45 of the 2000 Act.
Assistance to others for publicity
43. The principles set out above apply to decisions on publicity
issued by local authorities. They should also be taken into account
by local authorities in decisions on assistance to others to issue
publicity. In all such decisions local authorities should, to the
extent appropriate:
(a) incorporate the relevant principles of the Code
in published guidance for applicants for grants;
(b) make the observance of that guidance a condition
of the grant or other assistance;
(c) undertake monitoring to ensure that the guidance is
observed.
44. It is appropriate for local authorities to help charities
and voluntary organisations by arranging for pamphlets or other
material produced and paid for by the organisation to be available
for collection by the public in public libraries and other suitable
locations. Such material should not offend against any legal
provision (authorities may be able to draw on their powers of
well-being in section 2 of the Local Government Act 2000), but
(subject to this) any such facility should be made available on a
fair and equal basis.
