2017-02-07 Services & Organisation Committee Agenda

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COUNCIL POLICY - GIFTS AND BENEFITS

Acceptance of gifts or benefits
As a general guide, if a Councillor or employee is offered a gift, he/she should put themselves in
the position of the person offering the gift and consider why the gift is being given and whether
acceptance is appropriate.
Each type of gift or benefit carries with it different risks that should be considered when deciding
whether or not acceptance is appropriate. It is important to consider the following:
1.  Relevant legislation;
2. Why the offer of a gift or benefit was made;
3. The value and type of the gift/benefit (with higher value gifts/benefits warranting increased
    scrutiny); and
4. The likely public perception of acceptance.

Circumstances where the acceptance of a gift or benefit is not appropriate
Pursuant to s199 of the Local Government Act 2009, a local government employee must not ask
for, or accept, a fee or other benefit for doing something as a local government employee.
However, this provision does not apply to a benefit of nominal value.
Councillors and employees must not accept a gift/benefit irrespective of its value, if any of the
following apply:
e   It is considered as a gift of influence — i.e. that it is seen, or may be seen, to affect the
    performance of the recipient’s official duties, or otherwise influence, or be seen to influence, the
    decision-making or behaviour of the recipient;
e   The donor or any reasonable observer would interpret that the recipient may be under an
    obligation to the donor as a result of receiving the gift;
e   Itis not offered openly; or
e   Itis an offer of money.

Any gifts or benefits offered in the above circumstances must be reported immediately:
e   To the relevant Director/Manager or CEO (for employees);
e   To the Mayor (for Councillors and CEO).

If unsure, Councillors and employees should decline offers of gifts or benefits courteously by
explaining that acceptance would be against Council policy.
Circumstances where it may be appropriate to accept a gift
Acceptance of a gift or benefit may be considered appropriate if it complies with the following
principles:
e   It does not influence, or have the potential or perceived potential to influence, in any way so as
    to compromise, or appear to compromise, the integrity and impartiality of the recipient, or to
    create a conflict of interest, or perception of a conflict of interest.
e   Itis not related to advice or decisions about (but not limited to):
    o  Granting licences;
    o   Inspecting and regulating businesses;
    o  Granting of approvals;
    o   Letting of contracts;
    o  The provision of Council services;
    o  The provision of a Council grant.

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