Agenda Item No. 8 12th September 2007 To the Chair and Members of the STANDARDS COMMITTEE GIFTS AND HOSPITALITY – ANNUAL MONITORING REPORT Wards Affected Not Applicable Relevant Overview and Scrutiny Panel (if appropriate) Not Applicable
Purpose 1. To present to Members a report detailing the annual review of declarations, of gifts and hospitality for the period 1st August, 2006 to 31st July, 2007.
Recommendations 2. Members are recommended to: (i) (ii) Note the contents of the report; and approve the continued use of the existing declaration form set out at Appendix B and the revised guidance at Appendix C on the basis described within paragraph 26 for making declarations of gifts and hospitality.
Background 3. The Standards Committee received a report on the 9th July, 2004 which agreed the presentation of an annual review of declarations of gifts and hospitality by both Members and employees. The system for monitoring gifts and hospitality has now been in operation since 1st April, 2003 following the approval of rules by the Standards Committee in February 2003. Guidance and declaration forms are posted on the DMBC Intranet for both Officers and Members. Nominated Officers operate in each Directorate to provide guidance and record declarations of gifts and hospitality by employees. Following the Council’s restructuring exercise which was undertaken during the 2005-06 Monitoring Report period, updated guidance on the requirements for recording of declarations of gifts and hospitality was circulated to all existing and newly appointed nominated officers in November 2006. Training is provided to all Members at their induction on their obligation to declare gifts and hospitality further to the Code of Conduct, and the system to make declarations. The Member Support Team maintains responsibility for declarations made by Members.
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The Standards Committee has previously given approval to enable Group, Corporate and Community Directors to sign off declarations made by employees where nominated to do so by their Strategic Directors. This is subject to the need for referral to the Monitoring Officer where there may be concern over a particular declaration.
Employee Declarations 7. A sample of the declarations made by employees is described as follows: (i) A total of 9 declarations of gifts and hospitality were made by the Interim Managing Director, 6 of which were refused. All of those refused were in respect of various networking events which involved hospitality breakfasts or lunches and a cocktail reception. The gifts or hospitalities accepted comprised meals and hospitality associated with three networking functions, ranging in estimated values from £15 to £50. Within the Directorate of Policy, Partnerships and Governance there were 69 declarations made during the period, with all gifts accepted other than three which were refused, one of which comprised an invitation to a football match as part of a networking event. The gifts that were accepted ranged from £5 to £17 in value and included flowers, chocolates and wine given by Elected Members as gestures of appreciation and thanks, and gifts at Christmas time. Four declarations were made in respect of meals accepted by staff whilst undertaking duties in connection with civic functions. A total of 45 declarations related to lunches accepted at various seminars, workshops and networking events, ranging between £3 and £15 in estimated value. Two declarations were made in respect of a total of 6 tickets, including meals, for two Doncaster Rovers FC football matches, with a total value of £350. An invitation to a Chamber Business Awards ceremony, valued at £50, was also accepted. In the Directorate of Neighbourhoods, Communities and Children’s Services, the Healthier Communities and Vulnerable People Service Area reported 21 declarations, all but one were accepted. These related largely to declarations comprising gifts of relatively small values such as sweets and chocolates, toiletries, wine and flowers. The refusal related to an invitation to attend a Christmas celebratory event from a company which supplies temporary agency staff to the Council. Eight declarations were made within the Safer, Stronger and Sustainable Communities Service Area, one of which was a refusal in respect of an invitation to a corporate evening event at a conference, with an estimated value of £50. Of the gifts accepted, one declaration was made in respect of a 3-day study visit to Belgium including return transfer, flights, accommodation and meals, valued at approximately £550, which was paid for by the Council’s Waste Collection & Cleansing Contractor. The purpose of the visit linked to the development of the waste strategy and procurement of facilities and was to see established waste processes in operation. The remaining declarations related to gifts of biscuits, chocolates, flowers,
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toiletries and wine ranging in value from £3 to £10, which were given as a gesture of thanks and/or Christmas gifts. (iv) Within Development Directorate, there were 29 declarations made during this period, with 9 declarations being made in the 3D Team, 3 of which were refused, including an invite to a Test Cricket Match valued at approximately £150. An invite to a Regeneration & Renewal 2 day conference in Rotherham, valued at approximately £600 was declined by an employee, as was an invite to a Doncaster Chamber Awards Dinner, with an estimated value of £100. The gifts that were accepted all related to the new Keepmoat Stadium, with 4 declarations being made in respect of a buffet lunch, drinks and a football match on 16th April, 2007 for the purposes of a networking and celebration event. In addition, one declaration was made for attendance at an awards ceremony in which the stadium had received a nomination, comprising dinner and one night’s hotel accommodation, with a total estimated value of £90. 15 declarations were made within Development and Planning, 8 of which were refused. The refusals included an invitation to the 2006 Ladbrokes St Leger Festival, valued at approximately £60, together with invites to a rugby union match (estimated value £50) and a football match, value unknown. Of the 7 that were accepted, 4 related to gifts of flowers, chocolates and wine offered as thank you/seasonal gestures, ranging in estimated value from £3 to £100. Other gifts accepted included invitations to an ‘Invest in the Future’ event which included a buffet (valued at approximately £10) and to a Charity Golf Day, with an estimated value of £35. The Strategic Asset Management Team reported 5 declarations of gifts and hospitality, 4 of which were accepted, including an invitation to a Black Tie Business Dinner event, value unknown, and gifts such as a 2007 diary (estimated value £5) and chocolates (value £3.50) given as a gesture of thanks. The refusal related to an invitation to a Golf Day hosted by a company which provided services to the Council, which was estimated at £100. Within Organisational Development and Culture Directorate, there were a total of 29 declarations made. In the Legal Services Team, there were 7 declarations of gifts and hospitality, 5 of which were refused. The refusals included invitations from service providers to the Authority to networking/hospitality events, such as a Golf Day valued at approximately £100 and a day at Doncaster Races, valued at approximately £200. In addition, an offer of a meal and drinks to mark the close of a major project, estimated at £50 in value, was declined by one employee. Those accepted were in respect of a dinner on a train to the value of £19 and lunch taken during adjournment of a High Court hearing, with an estimated value of £20. Within the Financial Services department, 9 declarations were made, one of which was refused. All of those accepted were in respect of gifts given as gestures of appreciation, including chocolates and wine ranging in value from 50p to £8. Other gifts included a scarf valued at £5, a necklace with an estimated value of £7 and a fruit basket
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(v)
priced at £15. The refusal related to sweets from Greece, valued at 3 Euros, which were offered as a thank you by a Housing Benefit claimant. Nine declarations of gifts and hospitality were reported within Information and Communication, 4 of which were refused. The refusals included an invitation to play golf at Wentworth, with an estimated value of £150, and an invite to the St Leger Festival at York Racecourse which was offered as a networking event following completion of a project, valued at approximately £50. An invitation to an awards ceremony valued at £40 was also refused, along with a 5course dinner at the Marriott Hotel, Rotherham, valued at £50. Two declarations related to gifts that were initially accepted by employees but subsequently donated to the Chair of Council’s nominated charity. These comprised a bottle of whiskey, valued at approximately £20, and a hamper valued at £50. The remaining gifts that were accepted included a number of pocket diaries valued at £5 each, and 2 tickets to a Bryan Adams concert at the Keepmoat Stadium, valued at £60. One declaration was made by the Acting Strategic Director of Organisational Development and Culture, who declined an invitation to the St Leger Race Day, valued at approximately £200, which was offered by a service provider for the Authority. The Human Resources and Organisational Development Service Area reported one declaration relating to a bouquet of flowers to the value of £20 which was accepted by one employee. Four declarations of gifts and hospitality were reported within the Trading and Facilities Management Service Area, two of which were refused in respect of an invitation to a Rugby International at Twickenham, value unknown and an invitation to the Vehicle and Plant Awards Dinner by one of the Council’s suppliers. The other declarations related to two bottles of wine with an estimated value of £8, which were offered as a seasonal gesture and accepted with the intention of raffling the items off for charity. In addition, a £50 donation to the charity ‘MIND’ was accepted from a marketing/branding company in return for an hours interview that was given on the provision of play areas by an employee. A nil return was reported by the Customer Services Department. (vi) Within the Children’s Services Directorate, two declarations were reported by the Schools, Children and Young People Service Area, which comprised a gift of chocolates valued at £3 given as a token of thanks, and clothing valued at approximately £20 for an employee’s new baby, both of which were accepted. One declaration was made within the School Improvement Service, comprising a bottle of wine and a soft toy (value £10) given as a gesture of thanks which was accepted by one employee.
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The review of Declarations made by Officers shows widespread use of the Declaration of Gifts and Hospitality process and the keeping of records in departments by nominated Officers.
Declarations of Gifts and Hospitality by Members and the Mayor 9. Members made a total of 27 declarations of gifts and hospitality for the period of 1st August, 2006 to 31st July. 2007, all of which were accepted with the exception of one gift, comprising a cash sum of £50 offered to one Member as a gesture of thanks for providing advice, which was subsequently refused. Of the 26 accepted, 6 of these were hospitality lunches and dinners ranging in estimated values of £12 to £100. Six of the declarations were in respect of flowers, half of which were estimated to be over the value of £25. Two declarations were made by one Member in respect of receiving tickets to football matches, with estimated values of £34 and £50 respectively, which were offered in gratitude to the Member concerned for their hard work and efforts devoted towards the delivery of the new Stadium project. A rose bowl, with a value of £25 or more, was accepted, as were a demonstration watercolour painting by Ashley Jackson and a 2ins statue by Graham Ibbeson, values unknown. A supply of helium gas and balloons valued at over £25 was accepted for the purposes of a town gala. One Member also accepted complimentary tickets to the BME Community Forum Abolition 200 commemoration event, valued at £4 each. Three Members accepted the gift of a paper knife, value unknown, which was given to mark the unveiling of a Robin Hood statue at Robin Hood Airport. A donation to the value of £1300 was also accepted by one Member on behalf of DMBC’s Neighbourhood Services towards the planting of trees and creation of a wildflower meadow. One Member accepted travel vouchers worth £500 for the purpose of offering to charities. A complimentary room at a Holiday Inn on the evening of the Chair of Council’s Charity Ball was accepted by one Member, valued at £39. Two tickets to a Russian Choir Concert, valued at £10 in total, were also accepted. The Mayor has made 28 declarations of gifts and hospitality, 9 of which have been refused. All of the offers that were refused related to various networking events which involved hospitality breakfasts, lunches or dinners or cocktail/champagne receptions.
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Of the 19 that were accepted, 12 were for hospitality lunches or dinners, valued between £15 and £70. Tickets (including meals) to a number of sporting events were declared, including attendance at the first matches in the Keepmoat Stadium for Doncaster Rovers FC, valued at £50, Doncaster Rovers Belles LFC, valued at £120 and Doncaster Lakers RLFC, valued at £100. Tickets including a meal to a cup game involving Doncaster Rovers FC were also declared, valued at £30. In addition, attendances at the St Leger Race Day and Doncaster Chamber Race Day at York were declared, with values of £140 and £150 respectively. A declaration was recorded for expenses being paid for in respect of the British Chamber of Commerce Annual Conference, totalling £420 in value.
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Options Considered and Reasons for Recommended Option 24. Local Authorities are required to operate an effective system of recording gifts and hospitality as part of the Local Code of Conduct which must be adopted for both Members and employees based on key principles in the statutory model code. Monitoring the operation of the system and ensuring that deficiencies are dealt with minimises the risk of an adverse report from Audit Services. With regard to the new Code of Conduct for Members adopted by the Council at its Annual Meeting on 18th May, 2007, Members will be aware of the requirement to declare any gift or hospitality with an estimated value of at least £25 is now a personal interest which is registerable as part of the individual Members Register of Interests declaration (see paragraph 6 of Appendix A), within 28 days of being received. Formerly under the old Code of Conduct the Committee approved the form and guidance at Appendix B as the approved basis on which offers of gifts and hospitality should be considered and recorded. This ensures all relevant details are provided and recorded and it is proposed that this form continue to be used as the basis for collecting such declarations as they arise. The Member should then submit this form to the Member Support Team within 28 days of receipt of the gift and hospitality which will act as the stimulus for updating the Members Register of Interest declaration. The associated guidance for Members has been updated to reflect the 2007 Model Code of Conduct requirements and is attached at Appendix C.
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Risks and Assumptions 27. The declaration and recording of gifts and hospitality is identified as one of the actions to meet the reputational risk of Officers, Members and the Authority.
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Consultation 28. No consultation has been carried out further to the discussions with nominated Officers referred to in the report.
Legal Implications 29. Breach by employees of the rules on declaration of gifts and hospitality can lead to disciplinary proceedings and/or criminal sanctions where any fee or reward is accepted under colour of their employment other than their proper remuneration from the Council. Section 52 of the Local Government Act 2000 requires Members to give a written undertaking that they will observe the Authority’s Code of Conduct for the time being. Under the Local Authorities (Model Code of Conduct) Order 2007, Members are required to register any gift or hospitality with an estimated value of at least £25 within 28 days of receiving it. Members failing to comply with the Code may be referred to the Standards Board. A serious breach may result in disqualification for up to 5 years.
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Financial Implications 31. There are no financial implications associated with this report.
Conclusion 32. The report identifies that systems to record the declaration of gifts and hospitality are operating well across the Council. Updated guidance has been circulated to Strategic Directors and their nominated Officers to ensure the process continues to operate efficiently.
Contact Officer
Simon Oldham, Democratic Services Manager Tel:01302 736707 Simon.Oldham@doncaster.gov.uk Jonathan Goodrum, Democratic Services Officer Tel: 01302 736709 Jonathan.Goodrum@doncaster.gov.uk
Report Author
Background Papers: None.
Tal Michael Strategic Director Policy, Partnerships and Governance and Monitoring Officer
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