CITY OF GOSNELLS CODE OF CONDUCT

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1 CITY OF GOSNELLS CODE OF CONDUCT The City of Gosnells is committed to establishing and sustaining a corporate culture that upholds high ethical standards and promotes compliance with applicable laws, regulations and policies. In this regard, the City has adopted a Code of Conduct that sets out standards of conduct and responsible behaviour to guide decision-making and the way the City's Councillors and employees do their work. The City would like all of its business partners to be aware of our standards and assist us by upholding them in the conduct of our relationships. Attached is a summary of the relevant parts of our Code of Conduct. In particular, the City's Code of Conduct prohibits Councillors, employees and their families from soliciting and receiving gifts and other valuable consideration from a company or entity that is doing or is seeking to enter into a business or social relationship with the City. The only exception is occasional gifts and entertainment of a nominal value extended out of courtesy in the normal course of business. Additionally, Councillors and employees are not to have business dealings and relationships that may impair their objectivity and compromise their duty to act in the best interests of the City at all times. In an effort to ensure Councillors and employees comply with the City's standards and in order to maintain the integrity and transparency of our relationship, we request your company observe and uphold the standards set out in our Code of Conduct at all times.

2 STANDARDS OF CONDUCT Extracts from the City's Code of Conduct are provided below. These sections set out the principles and standards of conduct expected by Councillors and employees. 1. VALUES Councillors and employees of the City conduct themselves in a manner that reflects the following values: Leadership We are innovative and creative in our quest to be one of the most progressive, proactive and visionary local governments. Sustainability We aim for the best lifestyle for our community, without compromising opportunities for existing and future generations. Natural and Built Environment We value a natural and built environment, which improves the community s quality of life. Councillors, Staff and Volunteers As a team, we value our Councillors, staff and volunteers and endeavour to provide a safe and equitable work environment. We trust and respect each other. Performance We will work together to deliver the City s strategic goals. Style We are open, ethical, honest and responsible in our dealings. We aim to work in harmony with our diverse range of stakeholders. 2. GENERAL PRINCIPLES AND ETHICAL CONDUCT The following general principles should be used to guide Councillors, Committee Members and employees in their conduct: (iii) (iv) (v) (vi) (vii) (viii) Act with reasonable care and diligence; Act with honesty and integrity; Act lawfully; Act in the interests of the City and the community; Avoid damage to the reputation of the local government; Be open and accountable to the public; Base decisions on relevant and factually correct information; Treat others with respect and fairness. In carrying out their respective functions, Councillors and employees of the City will use their best endeavours to meet the needs of current and future generations through the integration of environmental protection, social advancement and economic prosperity.

3 3. CONDUCT OF COUNCILLORS AND EMPLOYEES Personal Behaviour Councillors and employees in the performance of their duties and functions shall: (iii) (iv) (v) (vi) (vii) Act, and be seen to act, properly and in accordance with the requirements of the law and the terms of this Code; Perform their duties impartially and in the best interests of the City, uninfluenced by fear or favour; Act in good faith, with reasonable care and diligence (for example honestly, for the proper purpose, and without exceeding their powers) in the interests of the City and the community; Treat others with respect and fairness; Be open and accountable to the public; Not harass or intimidate others in the conduct of the City s functions, duties or business; Make decisions that are based on relevant and factually correct information; (viii) Make no allegations which are improper or derogatory and refrain from any form of conduct, in the performance of their official or professional duties, which may cause, or is likely to cause any reasonable person unwarranted offence or embarrassment; (ix) (x) Always act in accordance with their obligation of fidelity to the City and not publicly reflect adversely upon any decision of Council or the Executive Team; and, Not be impaired by mind affecting substances. A Councillor s primary obligation is to represent and promote the interests of the community as a whole. The interests of special interest groups or individuals should only be considered in the context of contributing to the good governance of the district. Honesty and Integrity Councillors and employees shall: Observe the highest standards of honesty and integrity, and avoid conduct which might suggest any departure from these standards; Report any dishonesty or possible dishonesty or breach of the provisions of this Code on the part of any other Councillor or employee in accordance with the requirements of part 8 of this Code.

4 Quasi-Judicial Role and Principles Role 'Quasi-judicial' functions are those which involve the making of a decision by the Council or an employee in the exercise of a discretionary power. The City performs quasi-judicial functions when deciding to approve or not approve applications for planning approval, and for other approvals, licences, consents and permits. Councillors and employees must therefore act in a judicial manner (for example judge-like) when performing quasi-judicial functions. Principles The community expectation is that in performing quasi-judicial functions, the Council as a body, and Councillors individually or employees will act in a quasi-judicial manner. To act in a quasi-judicial manner, Councillors and employees must apply the principles of natural justice and without bias or conflict of interest, make decisions in a judicial manner based on: The law and Council policies as they exist; and The facts and the merits of the case. (d) Applicants submitting approval documents may attempt to persuade individual Councillors or employees in favour of their proposals. Councillors and employees must remain objective and deal with applicants or affected persons impartially. Determining applications must be based on sound legislative rationale and not specific public perception. Information related to a quasi-judicial decision shall be provided to all parties to the decision making function in a consistent manner and format, as determined by the Chief Executive Officer. Non-compliance Non-compliance with quasi-judicial principles could result in Council decisions being invalidated. A Councillor acting when biased and without disclosing an interest affecting impartiality, may breach regulation 11 of the Local Government (Rules of Conduct) Regulations Protection of the Natural and Built Environment Councillors and employees will ensure that in the fulfilment of their official and professional functions and duties the protection of the Natural and Built Environment is considered with the aim of delivering sustainable outcomes for future generations. 4. CONFLICTS OF INTEREST Councillors and employees shall ensure that there is no actual, potential or perceived conflict of interest between the fulfilment of their public or

5 professional duties and either their personal interests or those of closely associated persons. Councillors and employees must: Consider potential conflicts of interest when deciding whether to accept a gift from any person or organisation with a commercial relationship, or possible future commercial relationship, with the City; Disclose actual, potential or perceived conflicts of interest; and Be aware of the types of interests and the corresponding compliance requirements set out below. Interests Financial Interests - Statutory Requirements In accordance with the requirements of Division 6, Part 5 of the Local Government Act 1995, Councillors and employees must: Disclose financial and proximity interests; and Where prescribed, provide statutory primary and annual financial interest returns, noting that these statutory returns must also include details of relevant gift declarations. Impartiality Interests An impartiality interest is an interest that could, or could reasonably be perceived to adversely affect the impartiality of the person having the interest. [Refer to Local Government (Administration) Regulation 34C(1) and Local Government (Rules of Conduct) Regulation 11(1)]. Disclosure of Interests Financial and Impartiality A Councillor or employee who has an interest in a matter to be considered at a meeting attended by the person shall disclose the nature of the interest on the prescribed form prior to the meeting and again verbally immediately prior to the matter being discussed. An employee who gives advice in respect of a matter to be considered at a meeting not attended by the employee must disclose the nature of the interest on the prescribed form to the Chief Executive Officer prior to the meeting or at the time the advice is given. Interest declarations and the nature of the interest shall be: Read aloud by the person presiding at the meeting prior to the matter to which the disclosure relates being discussed; and Recorded in the minutes of the meeting. (d) The disclosure of an impartiality interest does not affect the ability of the person to: Participate in or contribute to discussion of the matter; or If applicable, vote on the matter.

6 Personal Associations Employees who exercise a regulatory, recruitment or other discretionary function shall make disclosure to the Chief Executive Officer or their relevant Director before dealing with relatives or close friends and whenever possible, disqualify themselves from dealing with those persons. Employees will refrain from partisan political activities which could cast doubt on their neutrality and impartiality in acting in their professional capacity. 5. PERSONAL BENEFIT Improper or Undue Influence Councillors and employees shall not take advantage of their office or position to improperly influence other members or employees in the performance of their duties or functions, in order to gain undue or improper (direct or indirect) advantage or gain, pecuniary or otherwise, for themselves or for any other person or body. Similarly, Councillors and employees shall not take advantage of their office or position to improperly disadvantage or cause detriment to the City or any other person. Gifts and Benefits A gift means any item of value which a person or organisation other than the City, presents to Councillors and employees of the City as a consequence of their employment or position with the City. A benefit is a non-tangible item of value that one person or organisation confers on Councillors and employees of the City. A benefit includes hospitality. Councillors and employees must: (d) (e) Not seek gifts and benefits; Refuse all offers of money, gift vouchers or items easily converted to money such as shares; Refuse bribes and report bribery attempts to the Chief Executive Officer and to the West Australian Police; If unsure about how to respond to an offer of a gift, benefit or hospitality, seek advice from the relevant Director or the Chief Executive Officer; and Declare all gifts and benefits which have a commercial value of $50 or more on the 'Gift Declaration Form'.