Pittwater Council seeks to ensure the services provided to its customers are provided in a manner consistent with sound business principles and in the most ethical and economically favorable way possible.  This demands interaction between Council, the business community and the wider community.  The probity of this interaction affects the performance of the Council and the Pittwater people’s continuing trust in its Council.  This brochure provides guidelines for ethical behavior appropriate to these business dealings and provides the business community with guidelines on what to expect from the Council when doing business, and will serve to enhance Council staff awareness of the issues involved.

Conflicts of Interests

If a Council officer has, or has had, a relationship with a contractor or supplier then the Council officer cannot be involved in contract negotiations and/or a tender evaluation process involving that contractor or supplier. If a Councillor has had a relationship with a contractor or supplier the Councillor cannot be involved in the awarding of the contract. As a general principle all decisions relating to tender evaluations and the awarding of contracts will be recorded and the reasons for decisions clearly stated and be available for scrutiny by the Ombudsman's office. Decisions or recommendations to award contracts will be made by more than one officer of the Council or where appropriate by full Council.

Gifts

Councillors or Council staff are not permitted to receive gifts from contractors or suppliers as this may place them in a potential conflict of interest situation. Examples of gifts commonly offered but which are unable to be accepted include, but are not limited to, Christmas hampers, watches and alcohol.

Hospitality and Entertainment

As with gifts generally, it is not appropriate for Councillors or Council staff to accept any offer of free entertainment from a contractor or potential contractor or supplier or potential supplier as this would place the Councillor or staff member concerned in a potential conflict of interest situation. Examples of hospitality and entertainment commonly offered but considered inappropriate include tickets to sporting events or invitations for free meals at restaurants.

Travel and Accommodation

A supplier or contractor to Council should not offer free travel or accommodation to Councillors or Council officers. The decision as to whether Councillors or Council officers will visit a site to view products will be taken by Council or the General Manager and will be undertaken at Council’s expense.

Confidential Information

There should be an expectation of openness in the supply of information between the Council and contractors and suppliers. If however it is essential that certain information be kept confidential eg. confidential commercial information, then such information should not be released to unauthorised persons. In such instances, the reasons and basis of the confidentiality should be clearly recorded and documented.

Lobbying of Councillors

Under no circumstances should a tenderer or supplier contact any Councillor seeking support for their tender submission.

Code of Conduct

Private contractors are encouraged to read Council's Code of Conduct which applies to all Councillors and staff and provides the basis of any relationship between Council and its contractors or suppliers.

Post Separation Employment

Contractors should be aware that Council employees, as public officials, have been directed not to breach public trust and will at all times act honestly, fairly and impartially and will not use commercially sensitive information to facilitate future employment opportunities in the private sector. In general following separation from Council, there should be a 12 month separation period.

For its part Council requires its employees to:

• Seek value for money for the ratepayer;
• Be open in business dealings, subject to commercial-in-confidence, and privacy considerations;
• Respond promptly to reasonable requests for advice and information;
• Be equitable in their treatment of all tenderers/contractors;
• Deal honestly with suppliers/contractors and be timely in paying accounts;
• Avoid and declare situations where private interests conflict with public duty;
• Not solicit or accept financial or other benefits from organisations seeking or having an official relationship with Council;
• Abiding by the law and all relevant policies and procedures;
• Being accountable and acting in the public interest;
• Acting honestly and with due care and diligence

We expect that contractors/suppliers to Council will:

• Deliver value for money;
• Avoid collusive practices;
• Disclose any conflicts of interest they may have;
• Disclose beneficial interests in contracts wherever appropriate;
• Prevent the unauthorised release of commercial/privileged information;
• Respond promptly to reasonable requests for advice and information;
• Not make offers to Council employees of financial or other benefits;
• Co-operate with Council’s post separation employment guidelines.
• Behave in an ethically, socially and economically responsible way in the conduct of their business.