Regulations, 2005

L.N. 179 of 2005

LOCAL COUNCILS ACT

(CAP. 363)

Local Councils (Association) (Amendment)

Regulations, 2005

IN exercise of the powers conferred by articles 37(3) and 72 of

the Local Councils Act, the Deputy Prime Minister and Minister for

Justice and Home Affairs has made the following regulations>-

The title of these regulations is the Local Councils Citation.

(Association) (Amendment) Regulations, 2005 and they shall be read

and construed as one with the Local Councils Association Regulations, L.N. 153 of 1994.

1994, hereinafter referred to as “the principal regulations”.

In regulation 2 of the principal regulations immediately after Amends regulation

2 of the principal

the definition of “Chairman” there shall be inserted the following>-

regulations.

“ “Code of Ethics” means the Code of Ethics for Maltese

Local Councillors, shown in the Fourth Schedule to these

regulations<”.

Immediately after regulation 37 of the principal regulations, Adds new Part VII

to the principal

there shall be added the following new Part>-

regulations.

“ Part VII

Code of Ethics

38. Members of the Council shall be required to

Code of Ethics.

observe the Code of Ethics during the course of their duties.”.

Immediately after the Third Schedule to the principal Adds Fourth

Schedule to the

regulations there shall be added the following new Fourth Schedule>- principal

regulations.

“FOURTH SCHEDULE

(Regulation 38)

B

Code of Ethics

for

Maltese Councillors

Preamble

Scope

Article 1 – Definitions

The Code

Article 2 – Object of the Code

General Principles

Article 3 – Primacy of the Law and the public interest

Article 4 – Objectives of fulfilling a mandate

Article 5 – Constraints of fulfilling a mandate

Specific Obligations

Article 6 – Election Campaigns

Article 7 – Ban on favouring

Article 8 – Ban on exercising authority to one’s own advantage

Article 9 – Attend and participate in Local Government meetings and contribute to the

fulfilment of its policies

Article 10 – Ban on association

Article 11 – Conflict of interest

Article 12 – Limit on concurrent holding of two or more appointments

Article 13 - Exercise of discretionary powers

Article 14 – Ban on corruption

Article 15 – Observation of Budgetary and financial discipline

Article 16 – Ban on the use of obtained information

Article 17 – Ban from acting on behalf of the Local Government

Article 18 – Ban on securing certain appointments

Means of Supervison

Article 19 – Use of Local Government facilities and equipment

Article 20 – Procurement

Relations with other Elected Representatives, Local Government Staff, Public and

other Bodies

Article 21 – Publishing and giving grounds for decisions

Article 22 – Appointments

Article 23 – Respect for the role of Local Government staff

Article 24 – Respect to their colleagues, staff and the public

Article 25 – Relations with constituted bodies and Members of Parliament

Duties of Mayor

Article 26 – Mayors to assume responsibility of their actions and of the Local Government

Relations with the Media

Article 27 – Relations with the media

Information, Dissemination and Awareness - Raising

Article 28 – Dissemination of the code to elected representatives

Article 29 – Dissemination of the code to the public, Local Government staff and the media

B

Preamble

Stressing that elected representatives shall carry out their duties within the framework of the

law and in accordance with the mandates given to them by the electorate. They are accountable

to the whole of the local population, including those electors who do not vote for them;

Considering that respect for the electorate’s mandate goes hand in hand with respect for ethical

standards;

Convinced that the promotion of a code of conduct for local elected representatives will allow

trust to be built up between local politicians and citizens since a relationship of trust is

indispensable for elected representatives to be able to perform their role effectively;

Convinced that a definition in the form of a code of conduct, of the ethical obligations of local

elected representatives will clarify their role and duties and reaffirm the importance of those

duties;

Convinced that such a code must encompass as fully as possible all the work done by elected

representatives;

Stressing that rules of conduct imply those ethical imperatives must be respected;

Pointing out that the whole of civil society must be involved in restoring a climate of confidence

and stressing the role of citizens themselves and the media in this respect;

Reasserting that obligations cannot be imposed without guarantees being granted to local

representatives to fullfil their duties and recalling in this respect the relevant provisions of the

European Charter for Local Self-Government;

Taking into consideration the legislation currently in force and the Code of Conduct for Political

Integrity of Local and Regional Elected published by the Congress for Local and Regional

Authorities of the Council of Europe (CLRAE), proposes the following Code of Conduct

Scope

Article 1 – Definitions

For the purpose of this Code

“constituted bodies” includes all organisations whether religious, social or political and trade

unions;

“elected representative” means any politician holding a local authority mandate conferred

through principal election (elected by direct suffrage) or secondary election (elected by the

Local Government);

“functions” means a principal or secondary elective mandate and all functions performed by

an elected representative under that mandate;

“Local Government” means a Local Council established under the provisions of the Local

Councils Act, Cap. 363 of the Laws of Malta;

“locality” means an area within set boundaries as designated in the Second Schedule to the

Local Councils Act;

“media” includes newspapers, journals, radio, television and all other means by which news

and information is communicated whether originating in Malta or outside;

“Procedures for Tendering” mean the procedures issued under the Local Councils Tendering

Regulations.

The Code

Article 2 – Object of the Code

The object of this Code is to specify the standards of behaviour expected of elected

representatives in the performance of their duties and to inform citizens of the standards of

behaviour that they have a right to expect of their elected representatives.

General Principles

Article 3 – Primacy of the law and the public interest

Elected representatives hold office under the law and must at all times act in accordance with

the law.

In performing their functions, elected representatives shall serve the public interest and not

their direct or indirect personal interest or the private interest of the individuals or groups of

individuals with the aim of deriving direct or indirect personal benefit there from.

Article 4 – Objectives of fulfilling a mandate

Elected representatives shall undertake to perform their functions with diligence, openness,

integrity, honesty, fairness, conscientiousness, and a willingness to account for their decisions.

Article 5 – Constraints of fulfilling a mandate

In performing their functions, elected representatives shall respect the powers and prerogatives

of all other political elected representative and all public employees.

They shall not encourage or help any other political representative or any public employee to

breach the principles set forth herein when performing their functions.

Specific Obligations

Article 6 – Election campaigns

Candidates’ election campaigns shall aim to provide information and explanations on their

political programmes.

B

Candidates shall not seek to secure votes by any means other than persuasive argumentation

and debate. In particular, they shall not attempt to obtain votes by slandering other candidates,

by the use of violence and/or threats or by granting or promising favours.

Candidates shall keep their spending on election campaigns in proportion and within the limits

of the law. They shall diligently comply with the provisions of the law requiring them to

declare the source and amount of the income which they have devoted to campaign financing

and the nature and amount of their spending to be made public.

Article 7 – Ban on favouring

Elected representatives shall not perform their functions or use the prerogatives of their office

in the private interest of individuals or groups of individuals, with the aim of deriving a direct

or indirect personal benefit there from.

In particular elected representatives should also ensure that they act in furtherance of the

interests of the entire locality and its community.

Article 8 – Ban on exercising authority to one’s own advantage

Elected representatives shall not perform their functions or use the prerogatives of their office

to further their own direct or indirect private or personal interests.

Article 9 – Attend and participate in Local Government meetings and contribute to the fulfilment of its

policies

Elected representatives should devote time and attention to the business of their Local

Government and should attend to all Local Government meetings. Should an elected

representative be unable to attend a Local Government meeting for any justified reason, he

should advise the Executive Secretary as soon as possible of his inability to attend. They are

to perform their duties diligently, impartially, conscientiously and to the best of their ability.

Article 10 – Ban on association

Elected representatives should be careful not to be associated with organisations the aims of

which are in conflict with those of a Local Government. They should refrain from conduct or

behaviour which may damage the reputation and standing of the office or other elected

representatives, or do anything or associate themselves with organisations which would bring

themselves and their respective Local Government and/or locality into disrepute.

Article 11 – Conflict of interest

When elected representatives have a direct or indirect personal interest in matters being

examined by the Local Government of which they are members, or by any of its committees

or sub-committees, they shall undertake to make those interests known before deliberations

are held and a vote is taken.

Elected representatives should not own any interest in (excluding public traded securities/

companies) or have any personal contract or agreements with suppliers or contractors of the

Local Government.

On assuming office, or whenever applicable, elected representatives should declare in writing

to the Local Government Executive Secretary, any directorship, partnership or interest in any

business in which they are engaged unless such engagement relates to publicly traded companies

or has been nominated to such directorship to represent the interests of Government. This

declaration shall be required by the Executive Secretary on a yearly basis and shall be kept

solely by the Executive Secretary.

Elected representatives shall abstain from any deliberation or vote on a question in which

they have a direct or indirect personal interest.

Article 12 – Limit on concurrent holding of two or more appointments

Elected representatives shall not hold other political appointments or occupy such other function

where this prevents them from performing their functions as an elected representative or is

incompatible with their oath of office. Nor shall they have or hold functions, elective mandates,

occupations or official appointments which entail supervision of their own functions as an

elected representative or which themselves are supposed to supervise in their capacity as

elected representative.

Elected representatives are obliged to inform their Local Government if they intend to contest

the General Elections or European Parliament Elections on being officially accepted by the

Political Party in whose interest they intend to stand or if contesting as an Independent candidate

prior to submitting their candidacy with the Electoral Commission.

Article 13 - Exercise of discretionary powers

In exercising their discretionary powers, elected representatives are to maintain an impartial

position at all times ensuring that advice and recommendations are based upon thorough and

impartial consideration of all pertinent facts and circumstances.

Detailed grounds shall be given for any decision, specifying all the factors on which the

decision is based, in particular the applicable rules and regulations, and showing how the

decision complies with those rules and regulations. Prior to reaching his decision an elected

representative shall have regard to any relevant advice provided to the Local Government by

the Executive Secretary.

Failing any rules and obligations, the grounds for the decision shall include elements such as

to show its proportionality, fairness and conformity with the public interest.

Article 14 – Ban on corruption

In performing their functions, elected representatives shall refrain from any conduct qualifying,

under the Maltese or international criminal law, as active or passive bribery.

B

Moreover, elected representatives are duty bound to totally and immediately reject any attempt

of this kind and to report in writing without delay to the Mayor any undue pressure or influence

which may be exerted on them by persons or bodies, and the Mayor shall inform the Local

Government accordingly.

Elected representatives, their spouses or children (including their minor children) shall not

accept commissions, grants, gifts or services, compensation from persons, companies and

from organisations which deal with their Local Government such as might be deemed to

create an obligation, real or imaginary.

Article 15 – Observation of budgetary and financial discipline

Elected representatives shall undertake to observe budgetary and financial discipline, which

guarantees the proper management of public money, as defined by the Local Councils Act and

regulations made there under.

In fulfilling their duties, elected representatives shall not do anything to misappropriate public

funds and/or grants. They shall not do anything that might lead to public funds and/or grants

being used for direct or indirect personal purposes.

Article 16 – Ban on the use of obtained information

Elected representatives shall not take advantage of, or benefit from, information that is obtained

in the course of their official duties and responsibilities and that is not generally available to

the public.

They should only disclose official information or documents acquired in the course of their

term of office when required to do so by law, in the course of duty, when called to give

evidence in court, or when proper authority has been given.

Article 17 – Ban from acting on behalf of the Local Government

Elected representatives shall refrain from issuing orders, instructions or directions in the name

of, or on behalf of, or in representation of their Local Government unless authorised to do so

by their Local Government and such orders, instructions or directions shall only be issued

formally by the Mayor (or in his absence by the Deputy Mayor) or by the Executive Secretary

of the Local Government except for work orders and/or orders for the acquisition of services

which shall only be issued under the authority of the Executive Secretary (or in his absence by

the Deputy Executive Secretary).

Article 18 – Ban on securing certain appointments

In performing their functions, elected representatives shall not take any measure such as to

grant themselves a future personal advantage once they have relinquished their functions:-

-

in private bodies over which they exercised supervision while performing

those functions;

-

in private bodies with which they have established a contractual

relationship while performing those functions;

Means of Supervision

Article 19 – Use of Local Government facilities and equipment

Elected representatives shall ensure that the use of any resources and equipment of the Local

Government are used scrupulously and economically and thus should not permit their abuse

by others.

Elected representatives shall not directly or indirectly use, or allow the use of, any Local

Government property or administrative offices for political activities or any other activity not

approved by, or in conflict with those of the Local Government. Moreover they are to ensure

that Local Government funds and/or other resources are not used for partisan aims.

Article 20 – Procurement

Elected representatives shall ensure that in the setting out of tendering procedures and in the

drawing up of specifications and conditions of procurement as well as in the adjudication of

offers the Local Government shall attain the best value for money, considering that the Local

Government expenditure shall be made out of public funds and is to be spent and authorised

only in such manner and procedure as allowed by law and other rules and regulations.

Elected representatives shall ensure that the highest possible level of accountability and

transparency is reflected in every decision making process of procurement.

Relations with other Elected Representatives, Local Government Staff,

Public and other Bodies

Article 21 – Publishing and giving grounds for decisions

Elected representatives shall be accountable to the public throughout their mandate.

Elected representatives shall give detailed grounds for any decision which they take, specifying

all the factors on which the decision is based, in particular the applicable rules and regulations,

and showing how the decision complies with those rules and regulations.

Where that information is confidential, the reasons for such confidentiality shall be explained.

Elected representatives shall diligently respond to any request from the public concerning the

performance of their functions, and the grounds for their action.

They shall encourage and promote any measure which fosters openness concerning their

powers, the exercise of their powers and the functioning of services provided by their Local

Government.

Article 22 – Appointments

Elected representatives shall undertake to prevent any appointment of administrative staff

based on principles other than recognition of merit and professional abilities and/or for purposes

other than the needs of their Local Government.

B

In matters of staff appointments or promotions, elected representatives shall take an objective

reasoned decision, showing due diligence.

Elected representatives shall not solicit for any person any appointment under their Local

Government or recommend any person for such appointment or promotion.

Article 23 – Respect for the role of Local Government staff

In performing their functions, elected representatives shall show respect for the role of the

Local Government staff, without prejudice to the legitimate exercise of their hierarchical

authority.

They shall not ask or require Local Government staff to take or omit to take any measure such

as to give themselves a direct or indirect advantage or give an advantage to individuals or

groups of individuals with the aim of deriving direct or indirect personal benefit there from.

Elected representatives shall make no allegations which are improper and derogatory (unless

they have sufficient proof of such) and refrain from any form of conduct, which may cause

any member of the staff unwarranted offence and embarassement.

Article 24 – Respect to their colleagues, staff and the public

Elected representatives shall not harass or discriminate on grounds of sex, marital status,

pregnancy, age, race, colour, nationality, physical or intellectual impairment, sexual preference,

or religious, political or other convictions or allegiances when dealing with their colleagues,

Local Government staff or members of the public.

Elected representatives should deal with the public in a fair, impartial and non partisan manner.

Moreover they should respect the opinion of their colleagues and in their relations maintain

the highest standards of courtesy. During Local Government meetings they should use

appropriate language and take a constructive and reconcilable attitude in disputes whilst

adhering strictly to the provisions of the Standing Orders.

Article 25 – Relations with constituted bodies and Members of Parliament

Elected representatives shall maintain cordial relations with all constituted bodies in their

locality.

They should collaborate with Members of Parliament and respect each other’s functions.

Duties of Mayor

Article 26 – Mayors to assume responsibility of their actions and of the Local Government

Mayors should set an example in the discharge of their duties and responsibilities and shall

avoid any action or situation inconsistent with their obligation. They are to act in accordance

with the policies and resolutions approved by their Local Government and are expected to

assume responsibility of the Local Government actions.

Relations with the Media

Article 27 – Relations with the media

Elected representatives shall respond diligently, honestly and fully to any request from the

media for information concerning the performance of their functions but shall not provide any

confidential information or information concerning the private lives of elected representatives

or third parties.

They shall encourage and promote any measure which fosters media coverage of their powers,

the performance of their functions and the functioning of the services provided by the Local

Government of which they are members.

Information, Dissemination and Awareness - Raising

Article 28 – Dissemination of the code to elected representatives

Elected representatives shall undertake to ensure that they have read and understood all the

provisions of this code and shall declare that they are willing to be guided by the provisions of

the code.

Article 29 – Dissemination of the code to the public, Local Government staff and the media

Elected representatives shall encourage and promote any measure which fosters the

dissemination of this code to the Local Government staff, the public and the media, and which

heightens those persons’ awareness of the principles contained herein.”.