Probity. Public probity is important to Ku-ring-gai Council and it will seek to ensure that the negotiation of any planning agreement is fair, transparent and directed at achieving public benefits in an appropriate manner free from corruption. In this regard, Council will: • inform any developer about Council values and business ethics as set out in Councils Statement of Business Ethics, specifically about ethical behaviour appropriate to business dealings. A copy of Councils Statement of Business Ethics is included at Attachment E. • ensure any considerations of the planning agreement are consistent with the fundamental principles outlined in Section 4 of this Policy. • publically notify planning agreements to ensure they are open and transparent, and achieving public awareness of the matters contained in the planning agreement and the potential benefits of an agreement. • ensure appropriate delegations and the separation of responsibilities in considering development applications that involve planning agreements, specifically the need to ensure processes adequately address the level of risk of corruption of a process. • ensure that Councillors and Council staff understand their varied roles, some of which have potential to conflict. • ensure that Council staff involved in planning agreement considerations are free from conflicts of interest. • ensure that planning agreements are to be negotiated independently of the development application assessment process. • take every step to ensure conflicts of interest are ameliorated to the greatest extent possible. • ensure where Council has a commercial stake in development of the subject of a planning agreement, it will take appropriate steps to ensure that it avoids a conflict of interest between its role as a planning authority and its commercial interest in the development. In this respect, Council shall have regard to its Statement of Business Ethics and the publication from the Independent Commission Against Corruption (ICAC) entitled : Direct Negotiations – Guidelines for managing risks in direct negotiations. • if Council has a commercial interest in the subject matter or site of a planning agreement as a landowner, developer or financier, Council will ensure that the Council officer who assesses the application to which the planning agreement relates is not the same person, or a subordinate of the person, who negotiated the planning agreement on behalf of Council. • ensure that all discussions with a developer a...
Probity. 35. The members will ensure that they and their staff comply with the proper standards of probity and do not improperly or unfairly obtain any financial or other advantage from their position or information at their disposal and do not misuse any such information. INFORMATION
Probity. 49.4 In performing its obligations under any Contract Document, the Supplier must not be a party to any act or thing which, in the State’s reasonable opinion:
Probity. Contractors are required to make a declaration of interest, at least advising of their or their family / relatives association with Council staff and / or Councillors and in other Plant Hire Companies.
Probity. 4.1.1 COUNCIL’S RESPONSIBILITIES To maximise transparency and public confidence in Infrastructure Agreements, Council will: FOR ALL AGREEMENTS • only enter into Agreements that achieve public benefits that are at least equal to the benefits that could be realised through s7.11 or s7.12 contributions • ensure that Agreements are voluntary for both Council and developers • comply with our Code of Conduct and inform developers proponents about ethical behaviour appropriate to business dealings with the Council • not allow the interests of individuals or interest groups to outweigh the wider public interest when deciding whether to enter into Agreements • provide a copy of this policy to any person who seeks to enter into a Developer Infrastructure Agreement with Council • allow the public to access and download this policy and all executed VPAs from Council’s website • ensure that Councillors and Council staff understand their role and responsibility in the Agreement process, • ensure that Councillors are not involved in any direct negotiations with proponents during the period of the Agreement negotiation • ensure that all meetings with the developer in respect of a Developer Infrastructure Agreement are properly documented (including meeting minutes) • where Council has a commercial interest in a development the subject of an Agreement, take appropriate steps to ensure that conflicts of interest are avoided or managed • work with proponents to establish clear timeframes to progress agreements efficiently and actively communicate the status of the agreement • seek to ensure that Council’s financial risk in entering an Agreement is minimised • provide a clear and transparent pathway for proponents to make an offer • ensure the Policy is consistent with relevant legislation, practice notes and guidelines. FOR VPAS: • publicly notify proposed VPAs in accordance with the EP&A Act and EP&A Regulation • not approve development that is unacceptable on planning grounds because of public benefits offered by developers • not refuse or recommend refusal of a DA or CDC on the sole basis that a VPA has not been entered into or that the developer has not offered to enter into a VPA • not enter into VPAs that require planning controls to be changed or a development consent to be granted as a result of the VPA • ensure that the Council staff nominated to negotiate a VPA are not the same staff with the primary role of assessing or approving the Planning Proposal or DA except...
Probity. (a) The Participants must:
Probity. (a) Contractor represents and warrants that (i) to the best of its knowledge and belief, no IAVI employee, officer, or agent, or member of his/her immediate family, his or her partner, or an organization which is about to employ any of the foregoing, has a financial interest in Contractor; and (ii) no officer, employee or agent of IAVI has solicited or accepted gratuities, favors, or anything of monetary value from Contractor.
Probity. 15.1 Where a partner contributes funds to be spent by another partner, the formal agreement must include provision for the provider to require the Chief Financial Officer of the receiver to provide written assurance that the money has been spent properly in line with the terms of the partnership and properly accounted for. In addition, agreements should include a provision that, in exceptional circumstances (e.g. suspected fraud or corruption), the provider reserves the right to ask the receiver’s External Auditors to investigate.
Probity. 16.1 Supplier shall prohibit its Directors, employees, agents and sub-contractors who are involved in this Agreement from offering, soliciting or accepting any advantage as defined in the Prevention of Bribery Ordinance (Cap. 201, the Laws of Hong Kong).
Probity. 25.1 You will immediately inform the Contracts Manager of any conflict of interest that has arisen or is likely to arise as a result of You undertaking work for or providing the Service to a third party other than a Service User.
