Officer Code of Conduct - Hospitality and gifts

13.1 A potential source of conflict between officers’ private and public interests is the offer of gifts, hospitality or benefits in kind to officers in connection with their official duties. At all times an employee must consider whether the gift or offer of hospitality would lead a member of the public to question whether their dealing with a matter may be prejudiced by a gift. 

Gifts 

13.2 An employee should refuse any personal gift offered to him or her, or to any family member, by any person or organisation who has dealings with the Council. There is a limited number of exceptions to this, as set out in paragraph 22.6 below. Any offer of such a gift should be reported to their Assistant Director. An employee should show tact and courtesy when refusing a gift, including explaining why they are unable to accept. 

13.3 If the gift is delivered to an employee’s place of work there may be a problem returning it, in which case it should be reported to the appropriate Chief Officer immediately using the Employees’ Code of Conduct form. The gift should not be used unless specific authorisation is received. 

13.4 Particular issues can be encountered by officers in a “caring” role or delivering a direct personal service. For example, it is not unusual for people receiving support at home from paid staff or their relatives to wish to express their thanks and gratitude to care staff by offering gifts, money or even by making an employee a beneficiary in their Will. It is essential that officers avoid any suggestion of improper motives or conduct. The general principle must be that gifts or money should be politely and tactfully refused with an appropriate explanation. If it is not possible to return a gift, the details of the gift and the reason why it is not returned must be reported immediately to the manager who will give further guidance. The gift must not be utilised unless explicit authorisation is received.

13.5 If an employee becomes aware that they have been made a beneficiary in an individual’s will, they must immediately report this to their manager. The manager will then visit the individual to ensure that the bequest represents the genuine wishes of the individual and has not been improperly influenced by the employee. Following this, the manager will notify the Chief Officer who will determine the appropriate course of action. In some cases an employee may be unaware that they are a beneficiary until after the death of the client. As soon as an employee is made aware of such a bequest they must notify their Chief Officer who will determine the appropriate course of action. 

13.6 The following are exceptions, and do not need to be declared to the Chief Officer (however, if there is any cause for concern, an employee is responsible for discussing the matter with their line manager):

13.6.1 A modest gift of a promotional nature given to a wide range of people, such as calendars, diaries, pens and other such articles which are common in the office and can be considered to form part of the general mailings of a company. 

13.6.2 A modest gift where refusal would cause needless offence and the giver is not seeking a business decision, but it is merely an expression of thanks for service - for example, box of chocolates or a standard bottle of wine.

13.7 An employee must not on any occasion accept the offer of money.

Hospitality 

13.8 The guiding principle is that it is important not to create an appearance of improper influence which can then undermine public confidence. In general terms, it will often be more acceptable to join in hospitality offered to a group than to accept something on an individual basis. 

13.9 Hospitality is sometimes offered and accepted by officers where it is reasonable in all the circumstances, and there is a legitimate requirement to attend. Approval by an appropriate manager is required. Caution is needed where the host is seeking to do business with the council or to obtain a decision from it. It is important to avoid any suggestion of improper influence. 

13.10 Care must be taken when considering attending exhibitions, seminars or visiting manufacturers, etc. Such visits can be linked to a major sporting events, shows, concerts etc. and can be an attempt to legitimise offers of hospitality in the guise of business activities. 

13.11 When a particular person or body has a matter currently in issue with the Council, e.g. an arbitration arising from a contract or ongoing planning application, then clearly common sense dictates that offers of hospitality be refused even if in normal times they would be regarded as acceptable. 13.12 All offers of hospitality should be reported to the Chief Officer concerned or, if the offer is made to a Chief Officer or Deputy Chief Officer, to the Chief Executive on Employees’ Code of Conduct form.

13.13 The following checklist of questions may help to determine if an offer of hospitality or gift should be accepted or tactfully rejected. 

• Is the donor or event significant in the community or in your council’s area?
• Is there an expectation that a council representative attends because of their role?
• Will the event be attended by others of a similar standing in the community or in other communities?
• What is the motivation behind the invitation?
• Would acceptance of the invitation be, in any way, inappropriate or place an employee under pressure in relation to any current or future issue?
• Could the decision to attend be justified to the council, press and public?
• What is the hospitality or the nature of the gift and is it reasonable and appropriate in all of the circumstances to accept?
• What are the concerns about accepting the hospitality?