Local Councils (Association) (Amendment) Regulations, 2010

L.N. 114 of 2010

LOCAL COUNCILS ACT

(CAP. 363)

Local Councils (Association) (Amendment) Regulations, 2010

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

72 of the Local Councils Act, the Prime Minister has made the

following regulations:-

The title of these regulations is the Local Councils Title.

(Association) (Amendment) Regulations, 2010 and they shall be

read and construed as one with the Local Councils Association

Regulations, 1994, hereinafter referred to as “the principal L.N.153 of 1994.

regulations”.

In regulation 38 of the principal regulations, for the

principal regulations, for the words “Members of the Council”

there shall be substituted the words “Local Government Elected

Representatives”.

For the Fourth Schedule to the principal regulations there

shall be substituted the following:-

“FOURTH SCHEDULE

(Regulation 38)

Code of Ethics For Local Government Elected Representatives

CONTENTS OF THE CODE

PART I - Purpose and General Principles

Article

1. Objective of the Code

2. Definitions

3. General Principles

Objectives for the execution of the mandate

Obstacles to the implementation of the mandate

PART II - Specific Obligations

Article

Election Campaigns

7. Favouritism

Exercise of authority for personal gain

Attendance and participation at Local Government

meetings and contribution towards the fulfilment of the

set objectives

10. Association

Conflict of interest

Limitation on occupation of posts

Operation of discretionary powers

14. Corruption

Compliance with financial discipline on the estimate of

expenditure

Use of information obtained

Acting on behalf of Local Government

Safeguarding of certain posts

PART III - Means of Supervision

Article

Use of facilities and tools for Local Government

Procurement

PART IV - Relations between Elected Representatives,

Local Government Staff, the Public and Other Entities

Article

Publication and provision of reasons for decisions taken

22. Appointments

Respect towards Local Government staff

Respect towards colleagues, staff and the public

Relations with constituted bodies and Members of

Parliament

PART V - Duties of Regional Presidents, of Mayors

and Chairpersons of Administrative Committees

Article

The Presidents of the Regions, Mayors and

Administrative Committees’ Chairpersons shall assume

responsibility for their actions and those of the Local

Government

PART VI - Relations with the Media

Article

Relations with the Media

PART VII - Action with respect to Breaches of the Code

Article

Action against those breaching the Code

PART VIII - Information, Distribution of Information

and Increase in Awareness

Article

Distribution of the Code to elected representatives

Distribution of the Code to the public, Local

Government staff, and the Media

CODE OF ETHICS FOR LOCAL GOVERNMENT

ELECTED REPRESENTATIVES

PART I - Purpose and General Principles

Article 1 - Objective of the Code

The objective of this Code is to specify standards of

behaviour expected of elected representatives at all levels of Local

Government in the performance of their duties and to inform

citizens with the level of behaviour they should rightly expect from

elected representatives to represent them at local government level.

Article 2 - Definitions

In this code the words listed below shall have the following

meaning

“Act” means the Local Councils Act (Chapter 363 of the

Laws of Malta);

“Local Government” means all levels of Local

Government established by statute in the Islands of Malta and

Gozo, including both regional and local levels, including the

Administrative Committee for Communities;

“Candidate” means a candidate for regional elections,

Local Elections as well as for elections for Administrative

Committees for Communities;

“Regional President” means the member elected through

an election to represent the Region;

“Elected Representative” means the member elected at

regional or local levels or in the Administrative Committee

for Communities;

“Region” means one of the five Regions as established

in the Act.

Article 3 - General Principles

The elected representatives shall hold office as established by

law and shall at all times act as required by law.

While performing their duties, the elected representatives

should serve the interests of citizens and not the direct or indirect

personal interest or private interest of individuals or groups of

individuals with a view to obtain directly or indirectly personal

benefits from them.

Article 4 - Objectives for the execution of the mandate

The elected representatives should perform their functions

carefully, transparently, with integrity, honesty, fairness,

conscientiously, and with fervour, and they shall be responsible for

their own decisions.

Article 5 - Obstacles to the implementation of the mandate

In the performance of their duties, elected representatives

shall respect the power and prerogatives of other representatives,

who were democratically elected, as well as all employees of Local

Government, and also those in the public sector.

The elected representatives shall not, in carrying out their

functions encourage or assist any other political representative or

any employee or public official to breach the principles set out in

this Code.

Similarly, elected representatives should refrain from

allowing themselves to be influenced by third parties to desist from

doing what is expected of them, and if approached to do so they

should immediately report the matter to the Regional President,

the Mayor or the Chairperson of the Administrative Committee as

appropriate.

PART II - Specific Obligations

Article 6 - Election Campaigns

The election campaigns organized by prospective candidates

shall serve as a means of information and explanation about their

political programmes.

The prospective candidates shall not seek to obtain votes

other than by persuasion, argumentation and discussion. In

particular, they shall not try to gain votes by resorting to slanderous

arguments about other candidates, using violence and / or threats or

by doing or promising favours.

The prospective candidates shall maintain expenditures for

election campaigns properly and within the limits set by law. They

shall abide carefully with the provisions of the law requiring that

they publicly declare the source and amount of revenue to be

allocated for their electoral campaign and the nature and amount of

their expenditure is to be disclosed for public information.

Article 7 - Favouritism

The elected representatives shall not perform their functions

or utilise the benefit of their office in the private interest of

individuals or groups of individuals, with the aim of acquiring

direct or indirect benefit.

In particular, elected representatives shall act at all times

during their office in the interest of the entire locality and of the

community.

Article 8 - Exercise of authority for personal gain

The elected representatives shall not perform their functions

or use the benefit of their office to promote private or personal

interest whether directly or indirectly.

Article 9 - Attendance and participation at Local Government

meetings and contribution towards the fulfilment of the set

objectives

The elected representatives shall devote time and attention

to the work of their Local Government as well as attend all Local

Government meetings. If an elected representative cannot attend

any of these meetings for a justified reason, he shall notify the

Executive Secretary as soon as possible about his inability to

attend.

The elected representatives shall perform their duties wisely,

impartially and conscientiously, and to the best of their abilities.

Article 10 - Association

The elected representatives shall avoid the danger of

association with organizations whose goals are in conflict with

those of the Local Government.

The elected representatives shall refrain from conduct that

could harm their reputation and the reputation of the office or other

elected representatives, or do anything or associate themselves with

organizations that can put them and the Local Government and / or

the locality to shame.

Article 11 - Conflict of interest

The elected representatives shall refrain from any discussion

or vote in any matter in which they have any direct or indirect

personal interest.

When elected representatives have a direct or indirect personal

interest in matters being discussed by the Local Government of

which they are members, or by any committee or subcommittee

thereof, they shall undertake to declare their interests before the

discussions are made, and the vote taken.

The elected representatives shall not have interests (excluding

securities in public companies) or have a personal contract or

agreement with suppliers or contractors of Local Government.

When taking office, or whenever necessary, elected

representatives shall declare in writing to the Executive Secretary

of Local Government, any office of leadership, partnership or

interest in any business in which they are engaged unless this

engagement is related to public companies or were nominated

for the office of management to represent the interests of the

government.

This declaration should be sought by the Executive Secretary

each year and kept solely by the Executive Secretary.

Article 12 – Limitations on occupation of posts

The elected representatives shall not have political positions

or engage in similar activities which may hinder them from

carrying out their functions as elected representatives or are

incompatible with their oath of office.

Neither shall they have duties, chosen mandates, official

occupations or positions involving supervision of functions as

elected representatives, nor those who are duty bound to supervise

in their capacity as elected representatives.

The elected representatives are obliged to inform the Local

Government if they intend to contest the General Elections or

the European Parliament Elections as soon as they are officially

accepted by the political party with whom they will be contesting

or prior to submitting their candidacy with the Electoral

Commission if they intend to contest as independent candidates.

Article 13 - Operation of discretionary powers

In exercising their discretionary powers, elected

representatives shall remain impartial at all times to ensure that

the advice and recommendations are based on full and impartial

consideration of the relative facts and circumstances.

Detailed information shall be given for every decision

taken, specifying all the factors on which the decision was taken,

particularly the relevant rules, and which show how decisions were

taken in accordance with those rules. Before taking a decision the

elected representative shall take account of advice on the relevant

matter given to Local Government by the Executive Secretary.

In the absence of rules and obligations, the reasons for

the decision taken shall include elements that demonstrate the

proportionality, the truth and compliance with public interest.

Article 14 - Corruption

During the course of their duties, elected representatives shall

refrain from any act that is deemed, under Maltese or international

criminal law, as active or passive corruption.

Moreover, elected representatives have a duty to fully and

immediately reject any attempt of this kind and make a written

report without delay to the political head of the Local Government

on the pressure and undue influence that may be exercised by

persons or bodies, and the head is obliged to report to Local

Government members as appropriate.

The elected representatives, their wives or husbands or

their children (including minors) shall not accept commissions,

grants, gifts, services, or compensation from persons, companies

and organisations having a working relationship with the Local

Government which can be deemed to create any real or imaginary

obligation.

Article 15 - Compliance with financial discipline on the

estimate of expenditure

The elected representatives shall undertake to observe

discipline relating to the estimate of expenditure and other finance

in order to guarantee the proper management of public funds

as established in the Local Councils Act and other regulations

established by the same Act.

In fulfilling their obligations, elected representatives shall not

do anything that may lead to misuse of public funds and / or grants.

They shall refrain from doing anything that might lead to public

funds and / or grants being used for direct or indirect personal

needs.

Article 16 - Use of information obtained

The elected representatives shall not take advantage, or

benefit from information obtained during the performance of their

official duties and responsibilities and to which the public does not

have access.

They shall only give official information or documents

obtained during their term of office when so required at law, in the

performance of their duties, when called to testify in court, or when

there is a legitimate order in this regard.

Article 17 - Acting on behalf of Local Government

The elected representatives shall not give orders, instructions

or directives on behalf, or in representation of their Local

Government unless authorised to do so by their Local Government

and such orders, instructions or directives are to be issued

only formally by the Mayor or the Regional President or the

Chairperson of the Administrative Committee (or in their absence

the Deputy Mayor or the authorised representative of the Regional

President or the Chairperson of the Administrative Committee) or

by the Executive Secretary of the Local Government except for

work orders and / or orders for the acquisition of services that shall

be issued only under the authority of the Executive Secretary.

Article 18 - Safeguarding of certain posts

In the performance of their duties, the elected representatives

shall not take measures that allow them to gain personal advantage

in the future when they no longer are in office

- In private entities on which they engaged in inspections

during the performance of their duties

- In private entities with which they have established a

contractual relationship in the performance of their duties.

PART III - Means of Supervision

Article 19 - Use of facilities and tools for Local Government

The elected representatives shall ensure that the use of any

resource or tool of Local Government are used conscientiously

and wisely and therefore they shall not allow them to be abused by

others.

The elected representatives shall not directly or indirectly

use or permit the use of any property of local government or the

administrative offices for political activities or any activity that

is not approved by, or which can be in conflict with the interests

of Local Government. Moreover they shall ensure that Local

Government funds and / or other resources are not used for partisan

purposes.

Article 20 - Procurement

The elected representatives shall ensure that in drawing

up the documentation for the tender and in the planning of the

specifications and conditions for the purchase of goods or services

as well as in the adjudication of tenders, the Local Government

must obtain the best offer in terms of value for money, since the

expenditure of Local Government will be defrayed from public

funds and be spent and authorised only in the manner and the

procedure as permitted by law and the related regulations.

The elected representatives shall ensure that the highest level

possible of accountability and transparency be reflected in all the

purchase procedure.

PART IV - Relations between Electoral Representatives,

Local Government Staff, the Public and Other Entities

Article 21 – Publication and provision of reasons for decisions

taken

During their mandate, elected representatives shall act in a

responsible manner with the public.

The elected representatives shall give detailed reasons for any

decision taken by them, specifying all the factors underlying the

decision, in particular the relevant rules, and show how decisions

taken are in accordance with those rules and regulations.

When the information is confidential, the reasons for such

confidentiality shall be explained.

The elected representatives shall provide answers to any

requests from the public relating to the performance of their duties,

and give reasons for the decisions taken by them.

They shall encourage and promote any measure that leads to

transparency about their authority, the operation of their authority

and the performance of the services provided by their Local

Government.

Article 22 - Appointments

The elected representatives shall undertake to prevent any

appointment of administrative staff to be based on principles that

do not include the recognition of merit and professional skills and /

or purposes other than the needs of Local Government.

In cases of appointment of employees or promotions, the

elected representatives should take an objective and reasoned

decision, which reflects careful deliberation.

The elected representatives shall not request for any person

any office in their Local Government or make the recommendation

of a person for such appointment or promotion.

Article 23 - Respect towards Local Government staff

In fulfilling their function, elected representatives shall

demonstrate respect towards the office of the staff of Local

Government, without prejudice to the legitimate performance of

the authority they have.

They shall not ask or require the staff of Local Government to

take or desist from doing in a way such measures that gives them

direct or indirect advantage or that gives any other advantage to

any individuals or groups of individuals with a view to acquiring

any direct or indirect personal benefit to them from that source.

The elected representatives shall not make improper and

derogatory allegations (unless they have enough evidence of this)

and they shall refrain from any form of behaviour, which may cause

any grievance to or confounds any member of staff unnecessarily.

Article 24 - Respect towards colleagues, staff and the public

The elected representatives shall not annoy or discriminate

on the basis of sex, marital status, pregnancy, age, race, colour,

nationality, physical or mental disability, sexual preference or

religious beliefs, political or other, or alliances with regard to

their colleagues, the staff of Local Government or members of the

public.

The elected representatives shall relate to the public in a fair,

impartial and non partisan manner.

They shall respect the opinion of their colleagues and in their

relations they shall maintain the highest levels of respect. During

the meetings of Local Government they shall use appropriate

language and adopt a constructive and reconciliatory attitude

during discussions while abiding with the provisions of the

Standing Orders.

Article 25 - Relations with constituted bodies and Members of

Parliament

The elected representatives shall maintain cordial relations

with all constituted bodies in their locality.

They shall also collaborate with Members of Parliament and

respect the work of others.

PART V - Duties of Regional Presidents, Mayors

and Chairpersons of Administrative Committees

Article 26 – Presidents of the Regions, Mayors and

Administrative Committee Chairpersons shall assume

responsibility for their actions and those of the Local

Government

The Regional Presidents, Mayors and Chairpersons of

the Administrative Committees shall give an example in the

performance of their duties and responsibilities and shall avoid any

action or situation that is inconsistent with their duties.

They shall act in accordance with the policies and resolutions

approved by their Local Government and are expected to assume

responsibility for the actions of Local Government.

PART VI – Relations with the Media

Article 27 - Relations with the Media

The elected representatives shall act wisely, honestly and

thoroughly with respect to every request from the media for

information concerning the performance of their duties, but they

shall not give confidential information or information concerning

the private life of elected representatives or third parties.

They shall encourage and promote any measure that

encourages the media to provide information on their powers, the

performance of their duties and the services provided by Local

Government of which they are members.

PART VII - Action with respect to Breaches of the Code

Article 28 - Action against those breaching the Code

Breach of the Code of Ethics shall be dealt with by the

Local Governance Board to be set up within the Department

for Local Government. This Board has the right to give all such

recommendations as it deems appropriate to the Department to act

upon where it finds a breach of ethics.

The Department for Local Government shall have the right

to publish the names of those Local Government members who

repeatedly breach the Code of Ethics, as well as impose on such

persons any other sanctions permitted by law.

PART VIII - Information, Distribution of Information and

Increase in Awareness

Article 29 - Distribution of the Code to elected representatives

The elected representatives shall ensure that they have read

and understood all the provisions of this code and they shall state

that they are willing to be guided by the provisions of the code.

Article 30 – Distribution of the Code to the public, Local

Government staff and the Media

The elected representatives shall encourage and promote

any measure adopted to distribute this code to staff of Local

Government, the public and the media, that increase awareness of

those persons on the principles included therein.”

€1.30