Council and democracy > Agenda item

Agenda item

To receive and to answer questions received under Rule of Procedure 10(2).

Question to the Leader of Council from Councillor G. Simmonds


To ask the Leader of Council, what sanctions are available to the Leader, the Cabinet and Council, where public servants in the employ of Caerphilly County Borough Council are show to have acted outside the approved policy or strategy of the Authority.


Below you will find section from the Code of Conduct for Public Servants, and their responsibilities to Council and all Councillors.



Version: Version 1 – February 2006 (revised November 2014) Policy Ratified by: Human Resources Date: July 2004 Revised February 2006 Revised June 2012 Revised November 2014 Area. Applicable: All Caerphilly employees


2. Member/Officer Relations


2.2 Members and Officers share a responsibility to work together to achieve decisions in the interests of the Council and the area it serves. Officers serve the Council as a whole and they act in a politically neutral way in giving professional advice and general support to all Members.

2.3 Irrespective of size, all political groups are entitled to equal treatment by Officers. All political groups and Members not in political groups are entitled to have access to information from Officers through the Council's established channels to the same extent and are entitled to call on the support of Officers to assist them. These channels are set out later in the protocol. Caerphilly County Borough Council Constitution Amended on : August 2020 Part 5 - Codes and Protocols Page 66




3.1 The public is entitled to expect the highest standards of conduct from all qualifying employees of relevant authorities. The role of such employees is to serve their employing authority in providing advice, implementing its policies, and delivering services to the local community. In performing their duties, they must act with integrity, honesty, impartiality and objectivity. Qualifying employees of relevant authorities work for their employing authority and serve the whole of that authority. They are accountable to, and owe a duty to that authority. They must act in accordance with the principles set out in this Code, recognising the duty of all public sector employees to discharge public functions reasonably and according to the law. (This is a Statutory Code requirement)




4.1 Openness in the dissemination of information and decision making should be the norm in relevant authorities. However, certain information may be confidential or sensitive and therefore not appropriate for a wide audience. Where confidentiality is necessary to protect the privacy or other rights of individuals or bodies. (This is a Statutory Code requirement)

4.2 It is generally accepted that open government is best. The law requires that certain types of information must be available to members, auditors, government departments, service users and the public. However due regard has to be made to the following legislative requirements and advice.



5.1 Qualifying employees of relevant authorities, whether or not politically restricted, must follow every lawfully expressed policy of the authority and must not allow their own personal or political opinions to interfere with their work. Where qualifying employees are politically restricted (by reason of the post they hold, the nature of the work they do, or the salary they are paid), they must comply with any statutory restrictions on their political activities. (This is a Statutory Code requirement)

5.2 Employees are employed to serve the Council as a whole. It follows that they must serve all Elected Members and not just those of the controlling group. They must ensure that the individual rights of all Councillors are respected. Regard must be had to Councillors’ rights set out in the Council’s Constitution; the Monitoring Officer can give advice on these.

5.4 All employees, (whether or not the posts they hold are designated as being politically restricted), must follow every lawful expressed policy of the Council and must not allow their own personal or political opinions or preferences to interfere with their work.