Local Government Act 2001

Code of Conduct
for Employees

June 2004
 Code of Conduct for Employees

Contents

Page

Introduction 3
General conduct and behaviour 4
Conflict of personal and public interest 5
Planning 7
Gifts 8
Hospitality 9
Employees’ business dealings with
local authority 10
Personal dealings with local authority 11
Regard for council resources 11
Attendance and outside employment 11
Satisfactory working relationships 12
Criminal convictions 13
General 14
Code of Conduct for Employees

OBJECT OF CODE

The purpose of this Code is to set out principles and

standards of conduct and integrity for local authority

employees, to inform the public of the conduct it is

entitled to expect and to uphold public confidence in

local government.

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 Code of Conduct for Employees

1. Introduction

1.1 The public is entitled to expect conduct of the highest

standards from all those involved in the local government
service be they county/city managers, other local authority
employees or councillors. The Local Government Act 2001
("the Act") sets out a new ethical framework for that service and
imposes a statutory duty on all in the service to maintain
proper standards of integrity, conduct and concern for the
public interest. The Act also provides for the issue of a code of
conduct for local authority employees dealing with conduct
and standards of integrity and to uphold public confidence in
local government. An employee must have regard to and be
guided by the Code in performing his or her duties; the Act
provides that a person’s terms and conditions of employment
are deemed to include an undertaking to this effect.

1.2 Local government has a long tradition of honest and impartial

service to its communities. The core values underlying this
tradition are honesty, impartiality, integrity and serving the
common good. This Code has been designed to promote these
core values; to provide a framework so that all employees can
be seen to act solely in the public interest and within the law;
and thus help uphold public confidence in local government.
The Code is accordingly to be read in this spirit at all times and
not in any selective or restrictive manner contrary to its intent.
It is hoped that this Code will facilitate the exercise of good
judgement and principled decisions by all employees but
inevitably many of the issues covered by the Code will affect
senior employees more than they will others.

1.3 This Code is complemented by a separate code which applies

to councillors. Together these codes represent a standard
against which the conduct of all those involved in local
government can be judged in the performance of their duties.
They are intended to inform the public of the standards of
behaviour that they have a right to expect and so help to
maintain and enhance public trust and confidence. They add
to and supplement the specific requirements under the Act and
form an integral part of the new ethics framework.

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Code of Conduct for Employees

2. General conduct and behaviour

2.1 The general conduct and behaviour of local government

employees in carrying out their work is an important yardstick
by which the honesty, integrity, impartiality and performance
of the local government service is judged and public trust
maintained. It is important therefore that these core values
underpin the many day to day transactions of local authority
business.

2.2 Local authority employees should abide by this Code and

must -

maintain the highest standards of integrity by:-

• avoiding conflicts of interest and never seeking to use

improper influence;
• acting in a way which enhances public trust and
confidence;
• not using their official position or resources of the local
authority for personal gain;
• ensuring that their conduct does not bring the integrity of
their position or of local government into disrepute.

maintain public confidence in performing their work by:-

• serving their local authority conscientiously, honestly and

impartially;
• performing their duties with diligence, efficiency and
courtesy;
• making impartial decisions based on examination of the
facts, merits and law relating to each case and not taking
account of their personal considerations.

observe appropriate behaviour at work by:-

• treating their colleagues and councillors with courtesy and

respect;
• dealing with the public courteously, fairly and promptly;
• promoting equality and avoiding bias in their dealings
with the public.

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 Code of Conduct for Employees

3. Conflict of personal and public interest

3.1 The Act provides that it is the duty of every employee (and
councillor) to maintain proper standards of integrity, conduct
and concern for the public interest.

3.2 Employees must never seek to use their official position so as to

benefit improperly themselves or others with whom they have
personal, family or other ties. Likewise they must never seek
to use or pass on confidential knowledge acquired in the
performance or as a result of their employment, or official
information which is not in the public domain, so as to benefit
themselves, or others with whom they have personal, family or
other ties. In short, private or personal interests must not be
allowed to conflict with public duty.

3.3 Employees must avoid where possible, and if not, resolve any
conflict or incompatibility between their private or personal
interests and the impartial performance of their duties. It is
important to ensure that as well as the avoidance of actual
impropriety, occasions for suspicion and appearance of
improper conduct are also avoided. The public perception of
the way the person deals with any such conflict is important.
Employees should always apply the test of whether members
of the public knowing the facts of the situation would
reasonably think that the personal or private interest concerned
might influence them in considering or deciding on matters.
This test applies equally in relation to gifts/hospitality, outside
employment and other matters covered by this Code. In case
of doubt the employee's supervisor should be consulted.

3.4 The Act has specific disclosure requirements for certain

categories of employees1 which must be observed (see
paragraph 3.5 below). However, without prejudice to these
disclosure requirements, what follows are some instances
where personal/private interests should be regarded as

1 SI 582 of 2002 defines relevant employees in this connection. The declaration/disclosure/public

register provisions of the Act came into operation on 1/1/2003 replacing those previously in the
1976 Planning Act.

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Code of Conduct for Employees

material to the work being carried out or decided by such or

any other employees. In these instances, as a minimum the
question of disclosure will arise (except in the case of a remote
or insignificant interest) and usually the non-involvement by
the employee in the case concerned:-

• where an employee is involved in considering or deciding

on matters in which s/he has a pecuniary or other
beneficial interest, s/he must disclose this fact to the
supervisor or manager;

• where an employee is involved in considering or deciding

on matters in which s/he knows that a person closely
related to them has a pecuniary or other beneficial interest
in the matter, s/he should disclose this fact to the
supervisor or manager;

• where an employee is involved in considering or deciding

on matters, which s/he knows affects a close
neighbour/friend, s/he should disclose this fact to the
supervisor;

• likewise where an employee is involved in considering or

deciding on matters in a case involving a club, society or
other organisation of which s/he is a member, s/he should
disclose the fact to the supervisor;

• written or oral representations on behalf of an outside

organisation, club, association or other body should not be
made by an employee to the authority, (except with the
consent of the manager) where such representations relate
to work with which the employee himself or herself is
concerned;

• in order to avoid any possible accusation of bias, an

employee should not consciously be involved in the
selection for appointment of any employee or prospective
employee, to whom s/he is related.

While there may be no direct pecuniary or beneficial interest

involved for the employee in some of the cases mentioned
above, the circumstances concerned might reasonably be seen
to influence the impartial discharge of functions. In these and
all other cases the employee must take into account the
requirements of paragraphs 3.1 to 3.3.

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 Code of Conduct for Employees

3.5 In the case of certain categories of employees the Act requires

them to furnish an annual declaration of certain "declarable
interests": forms are supplied by the ethics registrar. The Act
also provides that such employees must formally disclose to
the manager any pecuniary or beneficial interest, (of which
they have actual knowledge2) they or a connected person3 have
in, or material to, any matter relating to the local authority's
functions with which they are concerned in the course of their
duties. They must then comply with any directions given by
the manager. Specific statutory requirements also apply in
relation to disclosure by managers. The Act prohibits all such
employees from seeking to influence the local authority
improperly as regards any matter. These legal requirements
must be observed at all times and failure to do so is an offence
under the Act. Similar type requirements also apply under the
Act to councillors; and to consultants providing a service to
local authorities. The Act provides that in any proceedings
under Part 15 a court may have regard to the relevant code as
may the Standards in Public Office Commission in carrying out
its functions.

4. Planning

4.1 The planning system is a very open one allowing for input by
all parties. It is all the more important therefore that
consideration by employees of planning applications,
development plans, enforcement action etc is carried out in a
transparent fashion; follows due process, is based on what is
relevant while ignoring that which is irrelevant within the
requirements of the statutory planning framework.

4.2 Extra care must therefore be observed in dealing with planning

matters and in this context the provisions of this Code -
particularly as regards conflict of personal and public interest
(see Section 3) and outside employment (see Section 10) are
very relevant.

2+3 The terms “actual knowledge” and “connected person” are set out in section 166 of the Act.

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Code of Conduct for Employees

5. Gifts

5.1 The Act provides that an employee is prohibited from seeking,

exacting or accepting any remuneration, fee, reward or other
favour for any act done or not done by virtue of his or her
employment. Employees in observing this provision must also
have regard to this Code's guidance.

5.2 The overriding concern in all cases is that the actions of local
government employees should be above suspicion and not
give rise to any conflict of interest and that their dealings with
business and other interests should bear the closest possible
scrutiny and avoid any risk of damage to public confidence in
local government – see also paragraph 3.3.

5.3 However the normal presentation of ‘official gifts’ or tokens

exchanged or given as part of protocol (where for instance an
employee receives a visiting dignitary, or is a speaker at a
conference etc.,) would not be precluded. No other gifts other
than infrequent items such as diaries, calendars, pens or other
infrequent tokens of modest intrinsic value, should be
accepted.

5.4 The following practice must be followed in relation to gifts: -

• an employee should not solicit gifts directly or indirectly;

• any gift other than a modest token should be courteously

but firmly declined;

• in all cases the offer or receipt of any gift (other than what
is clearly a modest token) should be reported to the
employee's supervisor;

• an employee should not, by virtue of his/her official

dealings with a supplier, accept on his/ her own or family’s
behalf, any special facility, or discount on a private
purchase or service, from such supplier;

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 Code of Conduct for Employees

• an employee should not retain any discount or rebate

granted in connection with any expenditure of the local
authority. Any such financial benefit is the property of the
local authority and should be surrendered accordingly.

In all circumstances the advice at paragraph 5.2 must be taken

into consideration by the employee.

6. Hospitality

6.1 In their official contacts with outside organisations or persons,

every care must be taken by employees to ensure that any
acceptance of hospitality does not influence them, and could
not reasonably be seen to influence them, in discharging their
functions. All offers of hospitality from commercial interests,
which have had or might have contractual relations with the
local authority, must be reported by the employee to his/her
supervisor for direction.

6.2 It is accepted, however, that local government employees

should not be in a position where they cannot accept what are
regarded as normal courtesies in business and community
relationships. No objection would normally be taken to the
acceptance of what is regarded as routine or customary
hospitality, the most obvious example being a business lunch;
or attendance at a civic, cultural or festive event. (Local
authorities may wish to issue guidelines in this regard in light
of local circumstances.)

6.3 Employees should not accept offers of hospitality which go

beyond the routine practices referred to at paragraph 6.2,
except where acceptance of such an offer can be clearly shown
to be in the interest of the local authority and has been
approved by the manager.

6.4 Where hospitality has to be declined those making the offer

should be courteously and firmly informed of the standards
required by this Code.

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Code of Conduct for Employees

7. Employees' business dealings with local

authority

7.1 In the area of staff business dealings with local authorities the
overriding principle is that no special favours should be shown
to businesses with financial, family or other connections to
employees. This should guide consideration of all such
matters.

7.2 The following general rules should (subject to the discretion of

the manager to authorise justifiable departures in special
circumstances) apply for all employees:-

• employees who enter into or who have any involvement in

any undertaking, or otherwise participate in any outside
business affecting, or likely to affect, a contract with their
local authority (including the purchase or sale of local
authority property) should immediately inform the
manager of their interest;

• employees should not accept a directorship (except as a

nominee of the authority) in any company holding a
contract with their local authority;

• employees should not negotiate or arbitrate in any matter

affecting a contract with a local authority or the purchase
from, or the sale of goods to a local authority where, in their
private capacity, they are involved in the company or body
concerned;

• employees who are involved in engaging or supervising

contractors, consultants, or other service providers with
whom they have a relationship in a private or personal
capacity, should disclose that relationship to their
supervisor.

7.3 The Act has specific requirements regarding declaration/

disclosure of contracts with a local authority and of
directorship of companies for certain categories of employee,
which must always be observed.

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 Code of Conduct for Employees

8. Personal dealings with local authority

Local authority employees may have dealings with their local
authority on a personal level for instance as a tenant or an
applicant for grant of planning permission, higher education
grant, etc. While employees should, of course, enjoy the same
rights in their personal dealings as any other person they
should not seek preferential treatment.

9. Regard for council resources

All employees must:-

• show all reasonable care for local authority property,

resources and funds and not use them, or permit their use,
for unauthorised or non-official purposes;

• incur no liability on the part of their employer without

proper authorisation;

• observe in full and at all times the rules governing the

making of claims and of payments of any kind to them,
whether of salary, overtime, allowances (including travel
and subsistence) etc.

10. Attendance and outside employment

10.1 The public expect and deserve that employees devote their full
attention and energy to official duties during working hours.
Employees are required to attend at work as required and not
to absent themselves from duty without authorisation.

10.2 The Act provides that professional employees must not engage
in professional private practice. Nor should technical staff
undertake private technical work. The Act provides that
employees must not engage in outside employment if it would
impair the performance of their official duties or if such
occupation conflicts with the interests of the local authority or
is inconsistent with the discharge of their official duties. These
statutory provisions must be read in conjunction with
paragraphs 3.1 to 3.3.

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Code of Conduct for Employees

10.3 Any case in which the propriety of undertaking a particular

outside business, occupation or activity could reasonably be
regarded by a member of the public, as weakening public
confidence in local government, should be referred by an
employee to their supervisor.

10.4 A local authority employee should not allow the prospect of

employment outside the local government sector to create for
him or her an actual or perceived conflict of interest. S/he
should immediately disclose to his/her supervisor any
concrete offer of employment that could create a conflict of
interest. S/he should also likewise disclose acceptance of any
offer of such employment. In the case of a manager, the
cathaoirleach should be informed.

11. Satisfactory working relationships

11.1 Employees during the course of their day to day business

engage with the public, their colleagues and councillors.
Underlying these interactions are the principles of respect for
others, equality and a duty to uphold and abide by the law and
a responsibility to ensure a courteous, efficient and impartial
service.

11.2 The Act provides that employees shall carry out such duties as
are assigned to them from time to time in relation to their
employment and such instructions as may be given in relation
to the performance of such duties.

11.3 In providing service to the public employees should treat

individuals equitably and with courtesy and without bias in an
impartial fashion. They should deal with queries in an open
and helpful way with due regard to the protection of
confidential information, where appropriate. Local authorities
need to bear in mind "The Ombudsman's Guide to Standards of
Best Practice for Public Servants"4 which clarifies citizens'
rights and the principles of good administration, which include
objectivity and impartiality and the need to avoid unfair
discrimination. Members of the public enjoy a legal right of
access to records under the Freedom of Information Acts and
certain employees are given explicit responsibility in this
connection.
4 Report can be accessed at www.ombudsman.gov.ie/pub.htm

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 Code of Conduct for Employees

11.4 Both employees and councillors have the common interest of

serving the community. But their responsibilities are distinct.
Councillors are responsible to the electorate for their elected
term of office. Employees are responsible to the manager in
carrying out their duties. Mutual respect and courtesy between
employees and councillors is essential to good local
government and should be maintained at all times. Also it is
important that employees at all times act in a politically neutral
way in performing their official duties and in their dealings
with councillors.

11.5 Employees need also to show due respect for their colleagues
at work and to engender a positive working atmosphere. There
are separate statutes/codes of practice dealing with equality,
harassment etc which must be observed.

11.6 Certain local government employees are permitted by law to

serve as councillors. A special responsibility therefore rests
with them as employees to ensure that their roles do not
become blurred, that, where appropriate, confidentiality is
maintained and to avoid any perception that their elected role
might be seen to influence the impartial discharge of their
official duties as local authority employees.

12. Criminal convictions

12.1 An employee who is charged with or convicted of a criminal

offence (or given the benefit of the Probation Act when so
convicted) must report that fact to his/her Personnel Officer. In
certain circumstances this could have implications for their
official position. Such information will be treated in strict
confidence and no record of it will be kept unless the
information is considered relevant to the official position of the
employee.

12.2 Employees who have been appointed by virtue of a specific

professional qualification or licence (e.g. solicitor, accountant,
driver) must immediately inform their Personnel Officer in
writing of any change in status, withdrawal of or endorsement
on such qualification or licence.

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Code of Conduct for Employees

13. General

13.1 The code applies to all employees whether full-time or

employed on an atypical basis (e.g. temporary, part time or
fixed term contract etc.). It also applies where relevant, to
employees on the different forms of leave.

13.2 Breaches of the Code may constitute a breach of the terms and
conditions of employment and may result in disciplinary
action.

13.3 In case of doubt on any matter it is always preferable for an

employee to err on the side of caution by consulting with
his/her supervisor. Where this Code requires disclosure by an
employee to his/her supervisor, s/he should comply with such
instructions as may be given in relation to the matter
concerned.

13.4 Clearly the Code does not cover all aspects of the duties of
employees and of employer/employee relationships. Rather it
is intended to cover the central elements which might be
expected by the public in a statutorily based code of ethical
conduct.

13.5 Given the range and complexity of local government activity a

code such as this cannot deal with all situations and
eventualities which may arise. If other situations of potential
conflict arise between personal and public interest or if
instances of perceived questionable conduct arise, employees
should aim to deal with them in accordance with the principles
and intent of the Code. Employees should bear in mind that it
is primarily their responsibility to ensure that their actions
whether covered, specifically or otherwise, by this Code are
governed by the ethical and other considerations implicit in it.

13.6 This Code does not prejudice specific statutory requirements,

such as those set out in the Local Government Act 2001,
applying to all or to specified categories of employees – and is
additional to other public sector wide legislation such as the
recently strengthened anti-corruption legislation.

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 Code of Conduct for Employees

13.7 Consultants who provide services to local authorities should

abide by the principles of this Code in carrying out their role on
behalf of the local authority. In particular they should avoid
any conflict of interest and are subject to the disclosure
requirements of the Act and this Code in relation to an interest
which may arise in the course of their service to a local
authority.

13.8 Employees should also have regard to any relevant advice as

may be issued from time to time by the Minister for the
Environment, Heritage and Local Government or by the
Standards in Public Office Commission.

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