Undue influence
In any dealings between Elected Members and Officers neither should try to take advantage of their position.
In their dealings with Officers Elected Members should be aware that it is easy for Officers to be overawed and feel at a disadvantage. This can be even more so where Elected Members hold leading roles. However, it is also possible for Elected Members, particularly newer Elected Members, to be overawed by Officers. Elected Members and Officers must always be mutually respectful regardless of their role within the Authority.
Elected Members must not attempt to influence any Officer to do things they have no power to do, or to work outside of normal duties.
Apart from decisions that are clearly illegal, Officers should usually carry out decisions of Committee and Council. However, instructions should never be given to Officers to act in a way that is unlawful as ultimately this could damage the Authority’s interests. Officers have a duty to express their reservations in this sort of situation and the Monitoring Officer or Chief Finance Officer may get involved as they have a statutory duty to intervene where illegality or maladministration is possible. To assist Elected Members in decision making they should be informed of all legal and financial considerations and be warned of the consequences even if it is unpopular. If a Member has a concern that an Officer is not carrying out a particular Committee or Council decision the Elected Member concerned should draw this to the attention of the Chief Executive.
Officers should not use undue influence to pressure an individual Elected Member to make a decision in his/her favour, nor raise personal matters to do with their job, or make claims or allegations about other Officers to Members.
The Authority has procedures for consultation, grievance and discipline and there is a right to report actions of concern under the Authority’s Whistle Blowing Policy.
The Authority has adopted separate Codes of Conduct for Members and Officers. One shared aim of the codes is to improve and maintain the Authority’s reputation and so they demand very high standards of conduct.
Under the Members’ Code of Conduct Members must promote equality, treat others with respect and not do anything that compromises the unbiased nature of those who work for the Authority. In particular, Members should never act in a way which an independent observer might consider to be bullying, harassment or trying to get special treatment.