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City puts out new Code of Conduct

The Corporation of Hamilton has set out a Code of Conduct for Members, two weeks after Government said it was to reform local government.

In a statement, a Corporation spokeswoman said the Code would cover "appropriate behaviour" and confidentiality requirements. Yesterday was Nomination Day at City Hall for election to the Corporation.

The Code will cover all "elected Members", with sanctions including suspension for up to a year or disqualification for five years.

Hamilton mayor Sutherland Madeiros said: "The document calls for Members to abide by an agreed set of standards and was created to eliminate any grey areas that may currently exist on how Members should conduct themselves during meetings and when addressing Corporation of Hamilton matters."

Mr. Madeiros also announced a move to greater transparency in terms of declaration of Members' interests.

"The Members have also expanded the Members' Registration of Interests," he said.

"This document, once completed, lists all companies in which Members have a significant interest, which includes board appointments.

"The registration should be updated as circumstances change and will assist in eliminating potential conflicts of interest. Members should sign both documents within 28 days of being elected to the Corporation of Hamilton."

The interests include: remuneration; directorships; contracts; houses, land and buildings; shares and securities; and non-financial interests, such as membership of clubs and organisations. Government pledged to overhaul the corporations in the 2008 Throne Speech, saying their framework was "outdated" and did "not reflect modern good governance".

Then a fortnight ago, it announced it was to reform the Corporations of Hamilton and St. George's by repealing the Municipalities Act 1923.

A letter from Cabinet Secretary Marc Telemaque said Government was to invite private firms to bid for a contract to reform the corporations.

An RFP (Request For Proposal) published in the Official Gazette then stated: "Cabinet determined that the most practical, efficient and effective reform would be to repeal the Municipalities Act 1923 and transition the operations of the municipalities into the relevant Government departments."

The moves have been resisted by members of both Corporations. At a press conference on June 25, Mr. Madeiros said both bodies were "absolutely" against the plan and were taking legal advice. Mr. Madeiros said a joint report on how the Municipalities Act could be updated was presented to Government eight months ago.

He said the corporations had made "repeated requests to work with the Bermuda Government to modernise the structure", but that "all requests for consultation have been ignored".

The new Code of Conduct reads: "At this time, there are no provisions in law that impose a duty on elected Members of the Corporation of Hamilton or any public body to comply with any code of conduct.

"Until such time as legislation is passed by the Bermuda Government, the Members of the Corporation of Hamilton 2008-2009 have voted to adopt this Code to show the public their intent in the interest of transparency, accountability and good governance.

"Once legislation is passed, in order to enforce the code, the Corporation will establish a Standards Committee to oversee the code of conduct and deal with alleged breaches. Until that Standards Committee is established, the Members will deal with any breaches."

Key principles in the Code include 'selflessness': "You have a duty to take decisions solely in terms of public interest. You must not act in order to gain financial or other material benefit for yourself, family or friends."

Also, 'openness': "You have a duty to be as open as possible about your decisions and actions, giving reasons for your decisions and restricting information only when the wider public interest clearly demands."

And 'honesty': "You have a duty to act honestly. You must declare any private interests relating to your public duties and take steps to resolve any conflicts arising in a way that protects the public interest."

The Standards Committee's powers will include suspension of a Member of up to a year or disqualification for up to five years.

For the full code see: http://www.cityhall.bm/document-centre/documentcentre.asp?Cat=22