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Setting high ethical standards - ethical governance diagnostic.
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1. Martin Richardson
Audit Commission Relationship Manager
Setting high ethical standards- ethical governancediagnostic
3. Why ethical standards matter Links between sound ethical governance and good quality services - research commissioned by Standards Board for England spring 2005
Majority local government members and officers - high standards expected by public
But each week, on average, at least one councillor is either suspended or disqualified from office, following an investigation by the Standards Board for England
5. Implications for local government in England Local Government Act 2000
(England)
By statute
standards committees
code of conduct
Standards Board for England
Comprehensive Performance Assessment
Requirements of LGA 2000 now incorporated into corporate assessment and Use of Resources work
6. Benefits of the ethical governance diagnostic
Independent assessment of ethical governance compliance and culture
Clear links to CPA and UoR
National comparative data available
Sharing of notable practice
Clear, practical action plan
Able to plot progress in Council over time
7. Comprehensive Performance Assessment? AC has duty to assess single tier, county and district councils, fire and rescue authorities
Categorisation of councils into five starred categories
CPA 2005 – the harder test for single tier councils
Champions interests of service users
8.
9. Use of Resources – INTERNAL CONTROL 4.3 Arrangements designed to promote probity and propriety in the conduct of business
Issues include:
The council
Level 2
monitors compliance with standards of conduct across the council including Registers of Interests and Complaints
Level 3
proactively aims to raise standards of ethical conduct including by the provision of training
Level 4
can demonstrate that its members and staff exhibit high standards of personal contact.
10. Use of Resources – INTERNAL CONTROLSingle tier and county councils 4.3 Arrangements designed to promote and ensure probity and propriety in the conduct of business
Results so far
7 councils scored 1
6 councils scored 4
Mean score 2.4
Mode score 2.0
11. Corporate assessment 2005 – CAPACITYSingle tier and county councils 3.1 Councillors and officers work effectively within the ethical framework
Issues include:
Level 2
clarity of delegation, transparency of decision making, appropriate support for all members, easily accessible standards documents, members aware of their responsibilities, members exhibit behaviour expected of them.
Level 3
members/officers treat each other with respect, climate of openness, support and respect, scrutiny rigorous and challenging;
the council ensures appropriate governance of partnerships; and
the standards committee and monitoring officer promote and maintain high ethical standards and have high profile.
12. Corporate assessment 2005 - CAPACITY Single tier and county councils 3.1 Councillors and officers work effectively within the ethical framework
Results so far –Overall score for CAPACITY (3.1, 3.2, 3.3)
None scored 1
80 % scored 2
20 % scored 3
None scored 4
13. Working in partnership Developed diagnostic in partnership
Standards Board for England
close collaboration on audit/survey/ scenarios
IDeA
close collaboration on scenarios and workshops
14. Working in partnership Survey
Audit Diagnostic
Workshops
15. Ethical governance diagnostic Audit covers
Standards committee – compliance/roles and responsibilities
Code of conduct
Local determinations and investigations
Register of interests
Personal and prejudicial interests
Monitoring officer
Chief executive
Promoting confidence in local democracy
16. SNAP, on line survey covers same issues as auditCan compare - member and officer results- local with national results
17. Ethical governance diagnostic – survey
18. Headline survey results
Code of conduct
97% members sure councils have one
81% of senior officers sure there is one
Standards committee
86% of members sure there is one
53% of senior officers sure there is one
Training
39% of members consider training is appropriate
15% of senior officers consider member training is appropriate
19. Headline survey results Conflicts of interest
67% members very clear about what a conflict of interest is (57% of officers)
57% members very clear about the distinction between personal and prejudicial interest
Bullying and harassment
20% of officers consider that members can always carry out their roles without fear of being bullied or harassed
38% members consider that officers can always carryout their roles without fear of being bullied and harassed
20. Options Self assessment survey only (over 2000 individual responses from 40 AIBs)
Self assessment survey with analytical report and discussion with senior management
Diagnostic only
Combination
Possibly followed by workshops based around ethical scenarios
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22. Personal or Prejudicial Interest? The planning committee has received an application from a company to build a small office block. The development would be in a conservation area.
One of the councillors on the planning committee is married to the cousin of a senior manager in the development company.
The planning committee, with the councillor present, has agreed to the development. The councillor made no reference to the relationship.
Has anyone done anything wrong?
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25. Improper advantage. The council is in negotiations with a private contractor to develop a regeneration scheme in two council wards.
The contractor’s Managing Director has invited members of the regeneration scrutiny committee and officers from the regeneration department to a presentation of his company’s proposals in a corporate box at a Premiership football ground.
There will be a champagne reception followed by a premier league football match.
Members of the Regeneration Scrutiny Committee accept the invitation. Has the code been beached?
26. Improper advantage? You are a councillor.
During a dinner party conversation you are told that Councillor Bass is using his position to elicit free drinks from a number of local hostelries.
Councillor Bass does not sit on the licensing committee.
Has the code of conduct been breached?
Should Councillor Bass sit on the Licensing Committee?
27. Impact case study 4 Star council (CPA rating)
No past issues of concern
Council using our work to give a clean bill of health and to suggest improvements
Found
Weak arrangements, problematic access by members
Lack of understanding of major issues
Potential conflicts of interest by committee chair and independent member
Addressed issues before facing the “Harder Test”
28. Any questions?