GIFT AND HOSPITALITY POLICY

Gift and Hospitality Policy

Version No: / 2
Trim File No: / INTERNAL12/1354
Approval Date: / 25 March 2014
Approved By: / Council
Department: / Organisational Development
Responsible Officer: / Manager, Organisational Development
Next Review Date: / 30 June 2015
Advent Obligation No: / 2329
Circulation / All Staff and Councillors

INTRODUCTION

This policy sets out the direction to be taken by Councillors and staff if offered gifts and hospitality in their capacity as Councillors or members of staff.

DEFINITIONS

Gift is something given or received. This can include:

The provision of a service (other than volunteer labour); or

The payment of an amount in respect of a guarantee; or

The making of a payment or contribution at a fundraising function

refer Part 1, section 3 - The Local Government Act 1989

Hospitality is the provision of food or beverages, travel, accommodation or entertainment offered to convey goodwill on behalf of the giver.

REFERENCES

This policy refers to the Local Government Act 1989 (the Act) and should be read in conjunction with the Staff Code of Conduct and Councillor Code of Conduct.

This policy addresses our Strategic Objective items 1.1, 1.2 and 1.6 of the 2013-2017 Council Plan

Councillors and staff must familiarise themselves with their obligations under the Local Government Act in respect to gifts, particularly the following clauses:

Councillors:

Obligation / Section of the Local Government Act 1989
Part 3 – Elections:
Bribery, treating and undue influence / section 59
Return by Candidate / section 62
Certain gifts not to be accepted / section 62B
Part 4 – Council Administration
Misuse of position / section 76D
Confidential information / section 77

Councillors (continued):

Obligation / Section of the Local Government Act 1989
Part 4 – Council Administration
Direct and Indirect Interest / sections 77A, 77B. sections 78, 78A, 78B, 78C. section 79
Register of Interests / section 81
Part 11 - General
Persons who are liable for offences / section 239

Staff

Obligation / Section of the Local Government Act 1989
Part 4 – Council Administration
Disclosure of conflicts of interests in respect of delegated functions / section 80B
Disclosure of interests to Council when providing advice / section 80C
Register of interests / section 81
Part 11 – General
Persons who are liable for offences / section 239

This policy excludes the provisions of Section 188 of the Local Government Act 1989 relating to the power to accept gifts by Council as the corporate body.

SCOPE

This policy applies in relation to any gifts or hospitality offered to, or received by, Councillors or Council staff.

PURPOSE

This policy highlights the legal and ethical issues that should be considered when accepting a gift or hospitality. The aim is to ensure that Council’s values of respect, honesty and integrity and of clear and open communication are upheld, that Council’s practice of good governance is continued; and any biased decision making is avoided.

POLICY DETAILS

Council’s position is as follows.

Councillors / Staff should not solicit gifts or hospitality.

Councillors / Staff should refuse all offers of gifts or hospitality that could be reasonable perceived as undermining the integrity and impartiality of Council.

Councillors / Staff should refuse all offers of gifts or hospitality from people or organisations about who Council is likely to make a decision involving:

­Tender processes;

­Procurement;

­Enforcement;

­Licensing; or

­Regulation

POLICY DETAILS (continued)

Hospitality

Council staff, and particularly Councillors, in the normal course of their duties will receive invitations of hospitality to attend various functions and events.

Where such hospitality is only modest in nature and proves an opportunity to network or undertake Council business, it may be appropriate to accept such invitations. Where practical, Officers should seek approval from the CEO and Councillors should consult with the Mayor, prior to attendance.

The provision of hospitality is also to be considered. Hospitality should be appropriate to the occasion. Modest hospitality offered as part of official business is not a reportable gift. However, excessive provision of hospitality to external contacts, Councillors or staff should be avoided.

Gifts

Council acknowledges that as part of business or cultural practices, at times Councillors and/or Council staff may be presented a gift in appreciation. Gifts or hospitality with a value over $50.00 must be declared and recorded. Gifts or hospitality from one source exceeding $100.00 in any one financial year, must also be declared and recorded.

Gifts inadvertently received over the value of $50 must be declared and surrendered to the Manager, Organisational Development. These gifts will be donated to the most appropriate community groups or events within the Shire. All declarations should be referred to the Organisational Development Department to be recorded in Council’s Register of Gifts and Hospitality.

The register will be audited frequently by Manager, Organisational Development and presented to the Council Audit Committee on a six-monthly basis.

COMMUNICATIONS

This Policy will be included in both Councillor and Council employee induction programs. It will also be available on Council website and referenced in contracts and other corporate documents.

The GIFT test. Consider:

G / Giver / Who is providing the gift, benefit or hospitality and what is their
relationship to me?
Does my role require me to select contractors, award grants, regulate
industries or determine government policies? Could the person or
organisation benefit from a decision I make?
I / Influence / Are they seeking to influence my decisions or actions?
Has the gift, benefit or hospitality been offered to me publicly or privately?
Is it a courtesy, a token of appreciation or highly valuable?
Does its timing coincide with a decision I am about to make?
F / Favour / Are they seeking a favour in return for the gift, benefit or hospitality?
Has the gift, benefit or hospitality been offered honestly? Has the
person or organisation made several offers over the last 12 months?
Would accepting it create an obligation to return a favour?
T / Trust / Would accepting the gift, benefit or hospitality diminish public trust?
How would I feel if the gift, benefit or hospitality became public knowledge?
What would my colleagues, family, friends or associates think?

The HOST test. Consider:

H / Hospitality / To whom is the gift or hospitality being provided?
Will recipients be external business partners, or Councillors / staff?
O / Objectives / For what purpose will hospitality be provided?
Is the hospitality being provided to further the conduct of official business?
Will it promote and support Council’s policy objectives and priorities?
Will it contribute to staff wellbeing and workplace satisfaction?
S / Spend / Will public funds be spent?
What type of hospitality will be provided?
Will it be modest or expensive, and will alcohol be provided?
Will the costs incurred be proportionate to and less than the benefits obtained?
T / Trust / Will public trust be enhanced or diminished?
Could you publicly explain the rationale for providing the gift or hospitality?
Will the event be conducted in a manner which upholds the reputation of the public sector?
Have records in relation to the gift or hospitality been kept in accordance with reporting and recording procedures?

Gift and Hospitality Disclosure Form

1. In the first instance, all gifts and hospitality should be reported to your Manager.

2. Further information and advice may be obtained from the Manager Organisational Development

REVIEW

This procedure may be varied by Corporate Management Group and will be reviewed by 30 June 2015.

To be completed by recipient /refuser of gift or hospitality:

Date gift’s offered: / / / Time: / am/pm
Councillor/Staff member name:
Offered from
Name:
Organisation:
Contact details:
Description of gift/benefit/hospitality:
Relationship between provider and recipient:
Estimate of value of gift/hospitality: $
Response to offer: Accepted Refused 
Signature of Councillor/Staff member: / Date: / /

To be completed by the Chief Executive Officer:

Current location:
Comments:
Signature:
To be completed by Manager, Organisational Development:
Gift register updated: 
Signature:
Date:

The offer of a gift or hospitality to any Councillor or Staff Member in the course of carrying out work for Indigo Shire Council should be referred to the Chief Executive Officer. Any gift or hospitality above $50 in value should be reported and recorded in the gift and hospitality register kept by the Manager Organisational Development. This register is open for public inspection.

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GIFTS AND HOSPITALITY POLICY