BUFFALO CITY MUNICIPALITY

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BUFFALO CITY MUNICIPALITY

• Code of Conduct for Municipal Staff members

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• Prepared by
• G Walton, Acting Manager Internal Audit
• and
• L Wulff, Acting Manager Industrial Relations

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Introduction

• The code of conduct was promulgated as part of
  the Municipal Systems Act.
• Other aspects are sourced from the relevant
  disciplinary codes and standards of conduct set
  by the employer as well as other relevant
  legislation and policies.

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Contd

• The code therefore has legal status and is
  enforceable.
• The Code does not have to be adopted by Council
  and is in fact imposed by operation of Law.

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Contd

• The Code sets out minimum standards of conduct.
• It is not a discussion document.
• The Council and/or the City Manager are entitled
  to add to the minimum standards set in the Code.

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General Conduct

• As an employee you are required to
• loyally execute the lawful policies of the
  Council.
• act at all times in good faith, diligently and
  honestly.

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Contd

• act in the best interests of the Council.
• act impartially and treat all equally without
  favour or prejudice.

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Serve the Public Interest

• As an employee you are required to
• adopt a culture of commitment to serving the
  public.
• adopt a sense of responsibility for the
  performance of the goals of the Directorate,
  Department or Section.

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Contd

• act in such a way that you maximise the ability
  of the Municipality to deliver an improved
  quality of life to all residents of the City.

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Contd

• Promote and seek to implement the basic values
  and principles of public administration.
• Participate in the overall performance management
  of the Municipality by seeking to attain the
  goals of the Directorate or Department as
  approved by Council

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Contd

• Obtain copies of or information relating to the
  Municipalitys integrated development plan and as
  far as possible seek to implement the objectives
  set out therein and to try to achieve the
  relevant performance indicators

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Personal Gain

• You may not use your position or privileges or
  confidential information for private gain or to
  improperly benefit another person.
• Take a decision on a matter if you have a direct
  or indirect personal or business interest.

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Contd

• You may not, except with the permission of
  Council be a party to any contract with the
  Council.
• You may not,except with the permission of the
  Council, be engaged in any business trade or
  profession other than the work of the Council.

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Contd

• Obtain a financial interest in any business of
  the Municipality
• Be engaged in any business, trade or profession
  other than the work of the Council

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Disclosure of any benefit

• An employee who, or whose spouse, partner,
  business associate or close family member stands
  to gain any direct benefit from a contract with
  the Council shall disclose in writing full
  particulars of such benefit to the Council.

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Contd

• All Directors and employees shall disclose to the
  Council, all business interests, affiliations,
  and/or relationships that could reasonably give
  rise to a conflict of interest involving the
  Council.

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Contd

• If an actual or potential conflict of interest is
  disclosed, the affected employee should refrain
  from participation in matters to which the
  conflict relates. The City Manager will review
  and determine the appropriate course of action.

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Unauthorised disclosure of information

• An employee may not without permission disclose
  any privileged or confidential information
  obtained to any unauthorised person

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Contd

• Privileged or confidential information includes
  any item determined by the Council to be
  confidential.
• Discussed in a closed session of Council or a
  Committee.
• Where disclosure would violate a persons right to
  privacy.

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Contd

• Declared by law to be confidential.

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Contd

• Discussions with others concerning future rates,
  fees, and other competitive information should
  not occur until after the information has been
  officially announced to the public by the
  Council.
• In this regard until a matter has been resolved
  it is best not discussed with anyone from the
  public

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Contd

• This does not detract from any persons right of
  access to information in terms of National
  legislation

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Undue Influence

• An employee may not attempt to influence Council
  with a view to obtaining an appointment,
  promotion, or any benefit for a family member,
  friend or associate.

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Contd

• Mislead or attempt to mislead the Council, or a
  structure of the Council in the consideration of
  any matter
• Be involved in a business venture with a
  councilor without the prior written consent of
  the Council

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Rewards, Gifts or Favours

• An employee may not request, solicit or accept
  any reward, gift or favour for
• persuading the Council with regard to the
  exercise of any power or the performance of any
  duty.
• making a representation to the Council.
• disclosing any privileged or confidential
  information.

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Contd

• Doing or not doing anything within that
  employees powers or duties.
• An employee has a duty to report without delay to
  a superior official any offer which if accepted
  may constitute a breach of the above provisions.

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Contd

• Legislation prohibits the acceptance of gifts for
  services rendered in the course of one's normal
  employment. Gifts from individuals or
  organizations with whom the Council does
  business, or from those who hope to do business
  with the Council, are prohibited.

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Contd

• In addition, acceptance of social invitations
  from individuals doing business with, or seeking
  to do business with Council when such invitations
  can be construed as an attempt to influence an
  employee's decision, are prohibited .

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CONFLICT OF INTEREST

• Most people have heard the term "conflict of
  interest". There is confusion about what is meant
  by the term.
• We will look at some examples of potential
  conflicts of interest.

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Contd

• A possible conflict of interest exists if an
  employee (or an employee's family member)  
• has an existing or potential financial or other
  interest which impairs, or might appear to impair
  that person's independent, unbiased judgment  
• has a significant business relationship with a
  person or firm engaging in, or seeking to engage
  in, business with the Council.

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Contd

• has a significant ownership interest, and may
  receive a financial or other benefit from
  knowledge or information confidential to the
  Council.

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Contd

• Employees have an obligation to avoid conflicts
  of interest or any appearance of conflicts
  between their personal interests and the
  interests of the Council.

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Contd

• Conflicts of interest often relate to situations
  where an employee uses influence with the Council
  for personal gain.
•  
• The Council expects that employees will refrain
  from personal activities which could cause or
  appear to cause a divided loyalty to the
  legitimate interests of the Council.

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Contd

• Employees should ensure that suppliers and
  independent contractors receive fair and uniform
  treatment. Suppliers should feel they are being
  given every reasonable opportunity to be awarded
  business by providing the best offer.

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Contd

• Employees should avoid doing anything that might
  create the appearance that a supplier is being
  given preferential treatment.
• The appearance of preferential treatment can have
  a detrimental effect on the perception of the
  Council by other employees and by potential
  bidders

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EXAMPLES

• PURCHASE/CONTRACT
• an employee negotiates or approves a contract or
  purchase on behalf of the Council has an interest
  in or receives a personal gain from the company
  providing the goods or services.

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Contd

• CONVERSION OF ASSETS
• an employee uses Council facilities or other
  assets for personal gain.
• USE OF EMPLOYEES
• an employee directs subordinates to perform tasks
  for an outside business which the employee has an
  interest in or receives personal gain or for his
  private purposes

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Contd

• SALES ACTIVITIES
• an employee sells products or services offered by
  the Council in competition with the Council or
  sells Council goods.
• RECEIPT OF GIFTS
• an employee responsible for initiating or
  approving purchases is given a substantive gift
  by a vendor used by the Council (for example a
  trip)

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Contd

• Council policy also prohibits the offering of a
  gift or entertainment that could be construed as
  wrongfully or unfairly attempting to influence a
  decision that will benefit either the Council or
  an employee of the Council.

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Council Property

• An employee may not use, acquire or benefit from
  any property or asset owned, controlled or
  managed by the Municipality, to which that
  employee has no right.

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DUTY OF CARE

• Council policy is that each employee should
  assume responsibility for safeguarding and
  preserving the assets and resources of the
  Council.
• The following control requirements are
  appropriate and serve only to illustrate. They
  should not be considered to be a full list

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Contd

• All revenues generated by the Council, and all
  expenditures for goods and services, must be
  recorded and accounted for within the financial
  accounting system.

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Contd

• No false entries may be made in the accounting
  records for any reason.
• No payment on behalf of the Council is to be
  approved or made with the understanding that any
  part of such a payment is to be used for any
  purpose other than that described by the
  documents supporting the payment.

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Contd

• The use of Council funds or assets for any
  personal, unlawful, or improper purpose is
  prohibited.
•  
• The use of any Council equipment, supplies, or
  facilities that benefits an individual employee
  is strictly prohibited.

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Contd

• No person in a supervisory or management position
  is to use the authority of that position to
  assign an employee to perform non Council related
  tasks.

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Duty to pay accounts

• An employee may not be in arrears to the
  Municipality for rates or service charges for a
  period longer than three months and the Council
  may deduct any outstanding amount from an
  employees salary after this period.

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Sexual Harassment

• An employee may not embark on any action
  amounting to sexual harassment.
• A policy in this regard has been prepared and is
  awaiting approval.

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Duty to report

• An employee whenever he/she has reasonable
  grounds to suspect that there has been a breach
  of this Code shall immediately report the matter
  to a superior officer.

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CONTD

• If you believe a possible fraud has occurred, you
  should report it to Management
• If there is reasonable evidence of an
  irregularity , Management will liaise with the
  Internal Audit Department ,Human Resources and
  other Departments, as may be appropriate, and
  decide how the matter will be further investigated

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HOT LINE

• The Council is considering setting up a
  confidential hotline which will assist in this
  regard.

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Disciplinary Procedures

• Any offence in terms of the Code will be dealt
  with in accordance with the Councils
  Disciplinary Code.

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Conduct

• All employees shall
• act fairly, justly and with courtesy and proper
  efficiency
• act with respect to members of the public
• ensure to the best of his/her ability that
  correct information is given to those entitled
  thereto

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Contd

• work as part of the team and for the general good
  of the Municipality
• be always aware of public relations and be
  helpful, polite, efficient and understanding to
  the public and other staff.

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Contd

• care for the affairs and property of the council
  in a fit and proper manner and avoid abuse or
  waste
• act in accordance with all policies of the
  Council and relevant legislation.
• be loyal to the Municipality

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Contd

• ensure that those under your control are
  motivated
• ensure that all necessary safety rules are
  applied to protect yourself, your fellow workers
  and the public.

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Misconduct /Main Issues

• Any form of dishonesty is regarded as
  unacceptable
• Where the dishonesty destroys the relationship of
  trust upon which the employment contract is based
  dismissal will be likely

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Contd

• Examples include but are not limited to
• Theft
• Unauthorised use/possession of property
• Fraud
• False statements/documents
• Tampering with electricity or water meters

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Contd

• Consumption of alcohol before assuming duties or
  whilst on duty is unacceptable
• Dismissal may result depending on factors such as
  the nature of the work
• Eg drivers, operators, firemen, traffic officers,
  city policemen, etc

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Contd

• Misconduct which occurs after hours and which
  threatens the existence/continuity of the
  employment contract or harms the reputation of
  the employer or is seriously reprehensible in the
  eyes of the public may lead to disciplinary
  action and the possibility of dismissal

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Managerial responsibility for discipline

• Discipline is a line function and is the
  responsibility of the manager or supervisor
• Where an employee misbehaves, the supervisor must
  investigate and institute disciplinary action
  (Clearly there are some exceptions to this rule)
• The standards of conduct set by the City Manager
  must be complied with

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Contd

• In general disciplinary action must be kept
  within the relevant Department (unless
  exceptional circumstances exist)
• Action must be instituted and heard at the lowest
  appropriate level

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Standards of Conduct

• These are organisational standards set out by the
  City Manager (or previously the Chief
  Executive/Town Clerk) regarding acceptable /
  unacceptable behaviour

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Contd

• Standards of conduct are not negotiable and
  supervisors at all levels are required to take
  action in the event of a breach of such
  standards.
• Not to do so will result in disciplinary action
  being taken against such supervisor

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Contd

• Supervisors are required to investigate such
  cases with due diligence in order to prove their
  case.
• The case shall be properly conducted at the
  hearing and once again due diligence is required

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Contd

• Supervisors who fail to conduct a case with due
  diligence risk being themselves charged.
• Deliberately failing to conduct a case with due
  diligence will be seen in an extremely serious
  light with severe penalties for such supervisor

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Vicarious Responsibility

• Employees must be aware that their conduct can
  lead to criminal or civil action being taken
  against them and the employer where such conduct
  occurs in the course and scope of their duties.
• The employer can recover from an employee any
  amount it has to pay on his/her behalf

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Contd

• Where an employee acts in the course and scope of
  his/her duties and does so in good faith and
  without negligence, he/ she may receive legal
  assistance from the Council

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Fraud Opportunities

• There are conditions in the workplace that
  provide opportunities for irregularities. These
  include
• poor internal controls,
• too much control vested in individuals,
• lax management,

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Contd

• Management should establish a positive attitude
  towards controls to create a positive control
  environment.
• Control concerns (control consciousness) should
  be considered in all aspects of department
  operations.

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Conclusion

• The Council is committed to a clean
  administration and will not tolerate fraud,
  corruption and the like.

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Conclusion

• I trust that this session has been informative
  and that everyone now better understands the role
  we all have to play in Buffalo City.

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• Thank you for attending.