Council proposes constitutional changes detailing how councillors should manage relationships with developers
Liverpool City Council has taken the first steps in amending its constitution to set out the behaviour expected of councillors when interacting with developers either in face-to-face meetings, over the phone, via email, or on WhatsApp.
In a Standards & Ethics Committee meeting on Wednesday (22 August), councillors voted to endorse the protocol and support their referral to the Constitution and Governance Committee.
The guidance intends to assist councillors in "understanding the behaviour that is expected" of them when dealing with developers, provide a personal check and balance, and to set out the type of conduct that could lead to action being taken against them.
The document adds that its purpose is also to protect councillors, the public, council officers and the reputation of local government, together with providing assurance of the impartiality and transparency of decision-making processes which govern the council.
According to the proposal, councillors should only meet with a developer on an exceptional basis and must ensure that:
- An officer with responsibility for the subject matter is present for the entirety of any meeting to make and share a written record of discussions and advise the developer of due process; and
- Developers are referred to the council's standard contact details for expressions of interest and the due diligence process. Officer names and contact details must not be shared.
Elsewhere, the guidance says that councillors must always be aware that offers of sponsorship, grants, or anything that might be perceived as an incentive must not be accepted but should be referred to officers and declared and registered under the Code of Conduct.
It also notes that councillors should refer any approaches or contact by developers immediately to council officers, who can then advise and make arrangements for future contact or meetings in accordance with the guidance.
In addition, the guidance says that no commercially sensitive or legally privileged information or information "that could provide an unfair advantage to anyone or impact on lawful decision making or achieving best value" should be disclosed to any third party.
"This includes information published by the Council which is classified as 'exempt' in accordance with the Local Government Act 1972. The use of Non-Disclosure Agreements may be used where appropriate after advice from Legal Services."
It also says any concerns about the conduct of any developer, councillor or officer must be reported to senior management or reported under the council's whistleblowing policy.
Adam Carey
