Statement of business ethics (A statement of ethical relationships between the private sector and Council) D10/62448 July 2010
General Manager s Foreword This statement is provided as a guide for the private sector when conducting business relationships with Council. Council maintains a high degree of integrity, responsibility, accountability and transparency in its dealings with the private sector and expects that these high ethical standards will also be applied by the private sector. Council s officers are bound by ethical codes of conduct and have an obligation and responsibility to ensure that integrity and transparency are maintained at all times. It is therefore important that an understanding be established between the private sector and Council in the expectations of each, when undertaking business relationships. A supply and procurement policy is in place ensuring ethical standards are maintained by officers when obtaining goods and services for Council s operations. The statement provides an avenue for the private sector to understand the officers obligations and responsibilities, the Council s expectations of the private sector, thereby ensuring a harmonious, effective and beneficial business relationship. Should you require additional information concerning this statement or any other matter relating to ethical standards, please contact Council s Internal Ombudsman on 9330-6031. Victor GD Lampe General Manager
Business Relationship Council s business dealings are geared to achieve the best possible outcome in the interests of Council and its ratepayers for the supply of goods and services. In doing this, all business undertakings are conducted with complete fairness, are open to public scrutiny subject to commercial confidentiality, and conducted with the highest ethical standards at all times. Monetary value is not always the criteria for achieving the desired outcome, as all factors relative to the product will be taken into consideration. These factors could be suitability, reliability, performance and the availability of the goods or services. The acquisition of goods and services is provided for in the adopted processes and procedures of Council s Supply and Tendering Policies and addresses the requirements of officers in performing their duties. Council s Officers Council s Codes, require officers to undertake their duties, according to the law, and impartially in the best interests of the public, demonstrating good faith, with honesty and integrity, transparency, accountability, ethically, and all in accordance with best practice guidelines. Officers are bound by policies, procedures and codes of conduct and perform their duties in an ethical manner ensuring their public duty obligation. Policies, procedures and processes are in place relating to the procurement of goods and services which detail the expectations of Council s officers in performing their duties. Private Sector High ethical standards are required of its officers and in doing so the private sector is also required to maintain the same level of ethical behaviour in its business dealings with Council. Council codes require you to; - respect officers obligations to act in accordance with this statement - comply with Council s procurement policies and procedures - declare actual or perceived conflicts of interest - act ethically, fairly and honestly in all dealings - refrain from exerting pressure or to offer any inducements or incentives or future employment to officers - refrain from any other unethical practices
Compliance Compliance with this statement of business ethics enables you to establish a harmonious and ethical business relationship in which to achieve your business objectives. It provides an avenue by which potential risks and misunderstandings can be successfully managed. Council s codes have been established to ensure all business dealings are of benefit to all whilst at the same time maintaining the highest ethical standards. It should be noted that consultants and contractors engaged by Council are classified by the ICAC Act as public officials and as such, are subject to the same ethical behaviour, standards and laws as are Council s officers. Not complying with Council s Statement of Business Ethnics could involve; - the termination of business dealings - damage to the business reputation - an investigation for corruption - referring for criminal investigations Incentives, gifts, benefits Council s policy requires officers to never accept any gift or benefit if; - the person offering it, or a fair person, would expect the officer to be influenced in the carrying out of their duties - the officer would feel a sense of obligation or debt to the person offering the gift or benefit - the officer or the Council is likely to be comprised Non token gifts may be accepted only with the written permission of the General Manager, whilst token gifts, i.e. those that do not have a significant monetary value or are inconsequential or trivial, are reported to the General Manager. The above is a summary of Council s Gifts and Benefits Policy which contains more detailed guidelines which should be consulted if requiring additional information.
Conflict of interest Conflict of interest includes both pecuniary and non-pecuniary interests and is equally important. A pecuniary interest is an interest that a person has in a matter because of the reasonable likelihood or expectation of appreciable financial gain or loss to the person or another person with whom the person is associated. Associated persons include relatives, partners and employers. A non-pecuniary interest may include family relationships, friendships, positions in associations, or other interests that do not involve financial gain or loss. Various examples of situations and questions to be considered are detailed in Council s Conflicts of Interest Policy, Code of Conduct, Code of Meeting Practice and the Local Govt Act 1993. These must be disclosed by officers and extends to all business partners, contractors and suppliers. Sponsorship Council at times seeks financial and/or in kind sponsorship from time to time from organisations, bodies, companies or individuals to support specific promotions, events and other activities. Council has a sponsorship policy to ensure probity and conflict of interest issues are recognised in the selection or appointment of sponsors and in managing these sponsors. The Policy provides the facility for a uniform and consistent procedure acknowledging the contribution of a sponsor whilst maintaining the philosophical and aesthetic integrity and image of Council s activities, services and assets. If sponsorship is considered, reference should be made to Council s policy. The policy ensures transparency and accountability at all levels to ensure it does not create a perception that it could be an attempt to improperly influence the decision making process. Confidentiality All Council information is to be treated as confidential unless otherwise indicated. Council s officers are subject to a Code of Conduct which includes a reporting mechanism for conflicts of interest and for maintaining confidentiality of information. The Government Information (Public Access) Act 2009 provides the mechanisms for the public to gain access to Council s information, except in certain circumstances. For further
information, go to www.hurstville.nsw.gov.au/access-information. Intellectual property Businesses and Council must respect each other s intellectual property rights. Any access, license or use of intellectual property must be formally negotiated and approved. Communication between parties So as to minimise the risk of the perception of inappropriate influence being bought to bear on the business relationship, all communications should be clear, direct and accountable. Employment Staff seeking secondary employment must first have the General Manager s approval. Secondary employment must not arise from or interfere with Council work, cause conflict with official duties, must be performed outside normal working hours, and will not involve information obtained through Council work nor discredit Council. Contractors/sub contractors This business ethics statement also applies to sub contractors. The private sector therefore needs to inform them of this statement of business ethics. Who to contact Should you require further assistance regarding this statement, please contact Council by letter, fax, email, phone as listed below, or visit the web page www.hurstville.nsw.gov.au/policies-codes to view any Policies mentioned in this document. HURSTVILLE CITY COUNCIL Civic Centre, MacMahon St, Hurstville NSW 2220 PO Box 205, Hurstville BC 1481 Phone, (02) 9330-6222 Fax, (02) 9330-6223 Email, hccmail@hurstville.nsw.gov.au Website, www.hurstville.nsw.gov.au