CHAPTER 288
LOCAL GOVERNMENT (URBAN AUTHORITIES) ACT

[SUBSIDIARY LEGISLATION]

INDEX TO SUBSIDIARY LEGISLATION

    NOTICES

        The Local Government (Urban Authorities) (Grading of Councils) Notice

        The Mtaa Chairman Election Procedures Notice

        Taratibu za Uchaguzi wa Mwenyekiti wa Mtaa

    REGULATIONS

        The Local Government (Urban Authorities) (Councillors Code of Conduct) Regulations

NOTICES

THE LOCAL GOVERNMENT (URBAN AUTHORITIES) (GRADING OF COUNCILS) NOTICE

(Section 14(2) and (3))

G.N. No. 309 of 1988

1.    Citation

    This Notice may be cited as the Local Government (Urban Authorities) (Grading of Councils) Notice.

2.    Grading of Councils

    The Urban authorities specified in the second column of the Schedule are hereby designated the grades of Councils appearing in the third column of the Schedule opposite their names.

SCHEDULE

THE MTAA CHAIRMAN ELECTION PROCEDURES NOTICE

(Section 16)

G.N. No. 163 of 1993

1.    Citation

    This notice may be cited as the Mtaa Chairman Election Procedures Notice.

2.    Interpretation

    In this notice, unless the context requires otherwise–

    "Director" means the Director of a Town Council; a Municipal or a City Council and includes any person performing the duties of the Director;

    "Mtaa" means a part or a division of a ward situated within an area under the jurisdiction of an Urban Authority.

3.    Division of Villages and Ward into Mitaa

    (1) The Director of every Urban Council shall fix a period within which its Villages and Ward Committees shall submit proposals on the number and size of Mitaa into which the Villages and the Wards shall be divided.

    (2) The Ward Development Committee or as the case may be the Village Councils shall examine their areas and decide on the number and size of Mitaa and submit their proposals to their respective Urban Councils.

4.    Decision of Council final

    The decision of the Urban Councils on the number and size of Mitaa shall be final.

5.    Notice of election

    The Director shall give a notice of not more than fourteen days to all the Mitaa residents about the elections of their Chairman and shall–

    (a)    specify the date of the elections;

    (b)    specify the place and time of the elections;

    (c)    notify all Tanzanians of 18 years and above to participate in electing the Chairman of their Mitaa;

    (d)    notify all Tanzanians of 21 years of age and above to apply for the Chairmanship of their Mitaa by filling in Election Form (Uk.2) to be obtained from the Ward Executive officers' office as appearing in the Schedule to these procedures;

    (e)    specify the date of returning the application forms;

    (f)    specify the nomination day and the date of fixing on the notice boards, the application forms for electorate to see;

    (g)    specify the date for hearing complaints, if any of the applicants whose applications will have been disqualified.

6.    Qualifications for election

    Every inhabitant of a Mtaa shall be qualified for election if he–

    (a)    is a resident of the Mtaa of which he contests to be Chairman;

    (b)    is aged 21 years and above;

    (c)    has a lawful means of livelihood;

    (d)    can read and write in Kiswahili or English.

7.    Procedure for nomination, etc.

    (1) The Ward Executive Officer on the nomination day shall specify names of qualified candidates and, the disqualified candidates shall if aggrieved be given a right to appeal to the Director.

    (2) The complaints shall be heard by a special committee appointed by the Director composed of not less than three members, as follows–

    (a)    two public officers seconded to and working in the ward to which the complainant belongs; and

    (b)    a representative of the Director who shall be the Chairman,

and the decision of the Committee shall be final.

    (3) The maximum span of time allowed for hearing and determining all the complaints within the Urban Council shall not exceed seven days.

8.    Procedure on election day

    On the election day the Ward Executive Officer shall convene the residents of the Mtaa for electing their Chairman.

9.    Ad hoc Chairman

    Before the elections, the Ward Executive Officer shall make the necessary arrangements to have an ad hoc Chairman elected who immediately after his election, shall preside at that meeting.

10.    Procedure where more than one nomination received

    (1) During the elections, in case of a Mtaa having one aspirant only and who is qualified, the Director shall declare him Chairman of his Mtaa.

    (2) In case more than one candidate are qualified for the elections, all of them shall be accorded equal rights of addressing the electorate after which the electorate will cast secret ballot on papers distributed at the meeting to express their preferences.

    (3) The votes shall be counted before the electorate by the Ward Executive Officer in the presence of the candidates or their representatives.

    (4) The candidate who wins more votes than the others shall be declared Chairman of the Mtaa.

11.    Duties and responsibilities of Chairman

    The Urban Council shall define the duties and responsibilities of the Mtaa Chairman and the manner of implementing them.

12.    Chairman member of Ward Committee

    For the purposes of representation in the Ward Committee, where a Village Council exists, the Chairman of the Village Council shall be a member of the Ward Committee of the Ward in which the Village is situate.

SCHEDULE

FORM UK. 2
APPLICATION FORM FOR MTAA CHAIRMANSHIP

TARATIBU ZA UCHAGUZI WA MWENYEKITI WA MTAA

(Zimetungwa chini ya Kifungu 16)

Tangazo la Serikali Na. 163 la 1993

    1. Taratibu hizi ziitwe Taratibu za Uchaguzi wa Mwenyekiti wa Mtaa.

    2. Katika taratibu hizi–

    "Miji" maana yake ni Halmashauri ya Mji, Manispaa au Jiji;

    "Mkurugenzi" maana yake Mkurugenzi wa Mji, Manispaa au Jiji na ni pamoja na Afisa yeyote atakayeteuliwa na Mkurugenzi kutekeleza lolote chini ya taratibu hizi;

    "Mtaa" maana yake ni sehemu ya Kata iliopo kwenye eneo la Mamlaka ya Miji.

    3. (a) Mkurugenzi wa Mji ataweka muda ambao kila Halmashauri ya Kijiji au Kamati za Kata zitawaasilisha mapendekezo kuhusu idadi na ukubwa wa Mitaa kutokana na mgawanyo wa Vijiji na Kata.

    (b) Kamati ya Kata na Halmashauri ya Kijiji zitaangalia maeneo yake na kuamua idadi na ukubwa wa Mitaa na kuwasilisha mapendekezo yake kwenye Halmashauri za Miji zinazohusika.

    4. Uamuzi wa Halmashauri ya Mji kuhusu ukubwa wa Idadi ya Mitaa utakuwa wa mwisho.

    5. Mkurugenzi atatoa taarifa ya siku zisizopungua saba na zisizozidi kumi na nne kuhusu uchaguzi wa Mwenyekiti wao, na–

    (a)    ataweka tarehe ya uchaguzi;

    (b)    ataeleza muda na sehemu ya kufanyia uchaguzi;

    (c)    atatoa taarifa kwa raia wote wenye umri wa miaka 18 na kuendelea ili washiriki kwenye kumchagua Mwenyekiti wao wa Mtaa;

    (d)    atatoa taarifa ya kuwataka raia wote wenye umri wa miaka 21 au zaidi kugombea nafasi ya uenyekiti wa Mtaa wao kwa kujaza fomu ya kugombea Uk. 2 inayopatikana kwenye Ofisi ya Afisa Mtendaji wa Kata kama ilivyoonyeshwa kwenye Jedwali la taratibu hizi;

    (e)    atatoa tarehe ya kurudisha fomu za kugombea;

    (f)    ataeleza siku ya uteuzi na tarehe ya kubandika fomu za wagombea kwenye mbao za matangazo ili wapiga kura wazione;

    (g)    ataweka tarehe ya kusikiliza malalamiko ya uteuzi endapo mgombea yeyote atashindwa kwenye uteuzi.

    6. Mkazi yeyote wa Mtaa anaweza kugombea uchaguzi ikiwa–

    (a)    ni mkazi kwenye Mtaa unaohusika;

    (b)    ana umri wa miaka 21 au zaidi;

    (c)    ana kipato halali cha kumuwezesha kuishi;

    (d)    ana uwezo wa kuandika na kusoma Kiswahili au Kiingereza;

    (e)    amedhaminiwa na watu wawili mashuhuri kwenye mtaa wake.

    7. (1) Siku ya uteuzi, Afisa Mtendaji wa Kata atatangaza majina ya wagombea walioshinda na ambao watakuwa wameshindwa watakuwa na haki ya kukata rufaa kwa Mkurugenzi.

    (2) Malalamiko yatasikilizwa na Kamati maalum itakayochaguliwa na Mkurugenzi ikiwa na wajumbe wasiopungua watatu kama ifuatavyo–

    (a)    Maafisa wawili wa Serikali wanaofanya kazi kwenye kata inayohusika; na

    (b)    Mwakilishi wa Mkurugenzi ambaye atakuwa Mwenyekiti.

    (3) Uamuzi wa kamati utakuwa ni wa mwisho na muda wa kusikiliza malalamiko yote yaliyotolewa kwenye eneo la mamlaka ya Mji usizidi siku saba.

    8. Siku ya Uchaguzi, Afisa Mtendaji wa Kata ataitisha kikao cha wakazi wote ili kumchagua Mwenyekiti wao.

    9. Kabla ya uchaguzi, Afisa Mtendaji wa Kata atafanya utaratibu wa kumchagua Mwenyekiti wa muda ambaye ataongoza kikao cha Uchaguzi.

    10. (1) Wakati wa Uchaguzi, endapo Mtaa una mgombea mmoja tu ambaye ana sifa zinazostahili, Mkurugenzi atamtangaza kuwa ndio Mwenyekiti wa Mtaa.

    (2) Endapo wagombea wenye sifa ni wengi, wote wapewe haki sawa ya kuwahutubia wapiga kura na baada ya hapo zitapigwa kura za siri kwenye makaratasi yatakayotolewa Mkutanoni.

    (3) Kura zitahesabiwa na Afisa Mtendaji wa Kata mbele ya wagombea au wawakilishi wao. Mgombea atakayepata kura nyingi atatangazwa kuwa Mwenyekiti wa Mtaa.

    11. Halmashauri ya Mji itafafanua kazi na wajibu wa Mwenyekiti wa Mtaa na utaratibu wa utekelezaji wa kazi zake.

    12. Kwa madhumuni ya uwakilishi kwenye kamati ya maendeleo ya Kata, pale ambapo kuna Halmashauri ya Kijiji, Mwenyekiti wa Halmashauri ya Kijiji, atakuwa ni mjumbe kwenye Kamati ya Maendeleo ya Kata mahali Kijiji kilipo.

JEDWALI

FOMU YA KUGOMBEA UENYEKITI WA MTAA

REGULATIONS

THE LOCAL GOVERNMENT (URBAN AUTHORITIES) (COUNCILLORS CODE OF CONDUCT) REGULATIONS

(Section 119)

[4th August, 2000]

G.N. No. 281 of 2000

PART I
PRELIMINARY PROVISIONS (regs 1-3)

1.    Citation

    These Regulations may be cited as the Local Government (Urban Authorities) (Councillors Code of Conduct) Regulations.

2.    Application

    These Regulations shall apply to all urban authorities established >in accordance with provisions of section 5 of the Local Government (Urban Authorities) Act *.>

3.    Interpretation

    In these Regulations, unless the context requires otherwise–

    "Act" means the Local Government (Urban Authorities) Act >*;

    "Code" means the Local Government (Urban Authorities) (Councillors >Code of Conduct) established under section 119 of the Act;>

    "Commissioner" means the Ethics Commissioner appointed under section 20 of the Public Leadership Code of Ethics Act *;

    "complaint" means a complaint made against a member of the council regarding the conduct of that member and duly filed with the Ethics >Committee in accordance with the provisions of these Regulations;

    "conflict of interest" means and includes a situation where a councillor who has a responsibility to be involved in making an impartial, or >unbiased decision is himself party to or has a direct or indirect pecu>niary or personal interest, upon which he will directly or indirectly >benefit or expect to benefit from the decision to be reached;>

    "corrupt practice" means and includes any dishonest behaviour done by >a councillor acting in public office or on his own behalf which in>volves corruptly soliciting, or receiving an advantage without reasonable cause and includes giving or agreeing to receive any gift, loan, fee, reward or advantage for doing or for bearing to do anything in connection with the council;>

    "Council"–

    (a)    when used in relation to a town means the town council for that >town;>

    (b)    >when used in relation to a municipality, means the municipal council for that municipality;>

    (c)    when used in relation to a city, means the city council for that city;

    "councillor" means a member of the council;

    "Director–

    (a)>    when used in relation to a town, means the Town Director appointed for that town;>

    (b)    >when used in relation to a municipality, means the Municipal Director appointed for that municipality; and>

    (c)    when used in relation to a city, means the City Director appointed >for that city;

    "disclosure" means and includes providing a fact or information known to one self that would influence him in making a decision on the matter in consideration;

    "local government officer" means a person employed by or is in the >service of a local government authority who holds or acts in a management post;>

    "maladministration" means and includes a failure or negligence to properly discharge public responsibility or a breach or abuse of laid down procedures;

    "Management office" means any office held or acted in any of the following offices:

    (a)    >the office of the Chief Executive in a local government authority;>

    (b)    >a head of department of local government authority; and>

    (c)    any other office approved by the council for the purposes of this >definition, and includes any local government officer whose office is prescribed under the local government scheme as an office >the continued holding of which is subject to periodic examina>tion as to proficiency and fitness to hold it;>

    "member" means a member of a council elected in pursuance of the >Local Government (Elections) Act * and includes a Member of >Parliament and other members of the council who are members pur>suant to section 19 of the Local Government (Urban Authorities) Act> *;>

    "Minister" means the minister for the time being responsible for local government;

    "misconduct" means and includes any act done or omitted to be done >without reasonable excuse by a councillor which amounts to a failure to perform in a proper manner any duty imposed on him or displaying behaviour prejudicial to the efficient conduct of council affairs or tends to bring the council into disrepute or damage the integrity or confidence of the public in the council;>

    "Standing Orders" means standing orders made under section 37 of the >Local Government (Urban Authorities) Act *.

PART II
GOVERNMENT PRINCIPLES, VISION, MISSION AND OBJECTIVES (regs 4-7)

4.    Vision

    A Councillor shall have a vision of democratic, proactive, efficient, effective, honest, clientele service and goal oriented council.

5.    Mission

    A councillor shall in collaboration with fellow councillors, mem>bers of staff in the council and the general public work towards promot>ing sustainable economic development in his constituency and the area >of the council as a whole.>

6.    Objective

    The objective of these Regulations is to prescribe rules of conduct for councillors, so as to enable them to discharge their functions in a manner, which will build and sustain public trust and confidence in their local government urban authorities.

7.    General principles >to be invoked by >the Code>

    A councillor shall at all times exhibit the highest standard or personal conduct in the performance of his duties and shall observe basic >principles of conduct, namely:>

    (a)    >that he always conducts himself in such a way as to protect public confidence in the council;>

    (b)    >that he upholds the laws, and his actions on all occasions are in accordance with the public trust placed in him;>

    (c)    that he assists the council to act as far as possible in the interest of the whole community of the council which he serves;

    (d)    that he does not use his position as a councillor for his personal, >family's or friend's financial benefits, preferential treatment or >other advantage;

    >(e)    >that he does not put himself in a situation whereby his integrity becomes questionable;>

    (f)    >that he is accountable to the electorate and the Council's wider community for his actions and the decisions made by the council;>

    (g)    >that he is transparent in all of his actions and in giving his contributions for reaching collective decisions and that he will endeavour to support and explain council decisions to the electorate and other stakeholders;>

    (h)    that he will make his decisions impartially, on merit of the matter >in consideration, and without being canvassed by views of oth>ers, particularly in carrying out public business, making public >appointments, awarding contracts or recommending individuals >for rewards or benefits;>

    (i)    he will ensure confidential information about individuals, is handled in accordance with the law and public interest and is not used for personal or private purposes;

    (j)    that he shall refrain from discussion and voting on any matter in >which he has a direct or indirect pecuniary or personal interest;

    (k)    that he declares any private interest relating to his public duties at the meeting of the council or committee in which he is a member;

    (l)    that he will respect the role of the council staff and officers and >treat them in a manner that promotes mutual respect at all times.>

PART III
PERSONAL ATTRIBUTES (regs 8-11)

8.    Integrity and openness

    Every councillor shall–

    (a)    >be fair, open, truthful, intellectually and politically honest and free of conflict of interest;>

    (b)    >conduct himself in such a manner as will protect council's integrity and enhance the confidence of the public in the council.>

9.    Ethical behaviour

    For purposes of enhancing public confidence, a councillor shall observe the highest standard of ethical behaviour at all times when he >remains a councillor.

10.    Sexual relationship

    (1) A councillor shall not have prohibited sexual relationship >with fellow members or members of staff of the council.>

    (2) For the purpose of subregulation (1), prohibited sexual relation>ship means sexual relationship between persons who are not spouses to each other.>

11.    Liabilities and personal associates

    A councillor shall not abuse his public trust and confidence by–

    (a)    borrowing to the extent of not being able to repay the debts or to >the extent of discrediting or compromising his ability to act and make unbiased decisions; or>

    (b)    >associating with individuals of doubtful character, so as to da>mage public image, trust and the confidence, which people have >in the council.>

PART IV
PUBLIC CONDUCT AND PERFORMANCE OF PUBLIC DUTIES (regs 12-18)

12.    Councillors to observe the >law, stand>ing orders, rules and regulations>

    (1) Each councillor shall in pursuance of his civic responsibility as a leader observe the Constitution of the United Republic of Tanzania, >rule of law, standing orders, regulations, rules, code of conduct and to>wards the promotion of good local governance.>

    (2) >Every councillor shall ensure that he understands the rules governing council operations, code of conduct and council's standing orders.>

    (3) >It shall be the responsibility of every councillor to seek appropriate clarification or advice on the proper application of the laws on all relevant occasions from the Director.>

13.    Commitment to grass-root development

    (1) Every councillor shall promote a broad and consultative process in enhancing development at grass-root levels within the area of jurisdiction of the council.

    (2) Subject to the provision of subregulation (1), the councillor shall in discharging all his duties and responsibilities endeavour to ensure >that every activity is performed in a democratic and participatory man>ner and by involving grass-root community.>

    (3) It shall be the duty of every councillor to promote and ensure democratic participation in, and control of decision making by the people within the area of jurisdiction of the council.

14.    Conflict of interest

    (1) A councillor shall not involve himself in the discussion, consideration or decision on any contract or matter in which he has any direct or indirect pecuniary or personal interest.

    (2) A councillor shall in the performance of his duties have regard to the law relating to conflict of interest and disclose his interest in contracts or other matters, which are subject of consideration in the council or committee of the council in accordance with regulation 15 of >these Regulations.

    (3) >For purposes of enhancing public confidence a councillor shall observe the highest standard of behavior in his day to day duties, and shall comply with the provisions of the law regarding conflict of personal or pecuniary interests in performing his day to day duties.>

15.    Disclosure >of interest>

    (1) Before any person who has been elected to be a councillor >assumes his office as a councillor, he must discharge his responsibility >under the law, by disclosing his interest in any ongoing contract with the council in accordance with the provisions of section 40 of the Local Government (Elections) Act *, and such disclosure shall be published >in the Kiswahili or English language newspaper circulating within the >area of jurisdiction of the council in respect of which he has been elected a councillor.>

    (2) >It shall be the duty of a councillor to disclose to the council, committee or any other decision making organ of the council any con>flict of interest, which may arise or likely to arise on a matter he has a >direct or indirect pecuniary or personal interest, and thereafter he shall >desist from taking part in any decision relating to that matter.>

    (3) For purposes of this Regulation, any matter in which a spouse or a child, brother, sister, mother, father or other relative has direct or indirect interest be it pecuniary or otherwise shall be deemed to constitute an interest for disclosure by a councillor.

16.    Register

    (1) Every Director shall keep and maintain a register in which the particulars of any disclosure made by a councillor pursuant to the provisions of these Regulations shall be recorded.

    (2) It shall be the duty of every councillor to record or to cause to be recorded into the register particulars of any disclosure relating to a matter which he has direct or indirect personal or pecuniary interest.

    (3) The Director shall make available the register together with any >forms or information which a councillor has filed for scrutiny by members of the public and any organ responsible for the enforcement of these >Regulations.

    (4) Any register maintained by the Director pursuant to subregulation (1) shall be open for inspection during office hours by any member of the public.

    (5) A councillor or any person who fails to comply with the provi>sions of this Regulation shall be guilty of an offence under section 38 of >the Local Government (Urban Authorities) Act * and may be proceeded against in accordance with section 96 of the Penal Code *.

17.    Personal gain

    A councillor shall not use his public position or any legal rela>tionship, privilege, trusteeship or confidentiality in order to:

    (a)    obtain or procure any private gain or improper benefit to himself or other persons;

    (b)    >obtain financial interest in any business or transaction with the >Council;>

    (c)    obtain preferential treatment or advantage;

    (d)    solicit, receive or give any gift, reward, favour or any other thing >be it a consideration or not;

    (e)    lobby or represent some personal interest or interest of a particular group or organization, commercial or otherwise, before the council or committee that will be in conflict with the proper discharge of his public duty or for a consideration paid or promised.

18.    Bribes, gifts and reward

    (1) A councillor shall not personally or through another person >solicit, demand, accept or receive a bribe, gift or reward from a person >who he is attending, has attended or is expecting to attend.

    (2) A councillor or any member of his family shall not receive presents in a form of goods, services, money or entertainment from a person that may be regarded as compromising the integrity of the councillor.

PART V
ASSETS, INCOME AND LIABILITIES (regs 19-20)

19.    Lawful means of livelihood

    Subject to the duty of disclosure under this part every councillor >shall have lawful means of livelihood by being gainfully employed.

20.    Declara>tion of assets, in>come and liabilities>

    (1) It shall be the duty of every councillor to make a declaration disclosing his assets, income and liabilities, and such a declaration shall include those of his spouse and those of his children who are under the age of minority.

    (2) All declarations made under these Regulations shall be in a pre>scribed form and be deposited with the Director who shall enter them in a register kept for that purpose and such a register containing details of disclosure of councillors' assets income and liabilities shall be open for inspection by residents of the council free of charge.>

    (3) It shall be the responsibility of each councillor to update the declarations made under the provisions of these Regulations by making such supplementary declarations and deposit the same with the Director.

PART VI
POLITICAL POWERS, ACCOUNTABILITY, PRIVILEGES AND IMMUNITIES (regs 21-24)

21.    Councillors' political powers

    (1) Every councillor shall perform his duties within the boundaries of his jurisdiction as imposed to him by law, regulations or stand>ing orders.>

    (2) A councillor shall not in the exercise of his political authority be allowed to–

    (a)>    >use his political power or influence to obtain project funds or services, which have not been approved and included in the council >plans or budget;

    (b)>    influence or canvas others in reaching a decision regarding appointment, development, promotion, discipline or evaluation of >council employees' performance;>

    (c)    discriminate against persons within the area of jurisdiction of the >council on political, religious, ethnic or gender grounds;

    (d)    do any political activity which may cause inefficiency or mismanagement.

    (3) Councillors shall in exercising and discharging their political functions and duties act impartially, objectively and be guided by facts and technical advice availed to them by council staff and, shall avoid >any ideological or political prejudices.

22.    Accountability

    A councillor shall be accountable to the residents of–

    (a)    >his ward; and

    (b)    the area of jurisdiction of the cou>ncil for his actions and decisions reached by the council.

23.    Council property

    A councillor shall not use council properties, resources or facilities availed to him or provided by the council for use by him for the discharge of council duties and responsibilities for purposes other than >those in respect of which they are intended.

24.    Privileges and immunities

    (1) Subject to the limitations set out under the Act a councillor will have freedom of expression and speech in the conduct of council and committee meetings.

    (2) Councillors will in the exercise of their right of expression, be free to say, produce, submit and give any information before the council or committee meetings provided that anything said, produced or submitted or given as information does not contravene the rules of debate >provided for in the standing orders.

PART VII
COUNCILLOR-STAFF RELATIONSHIP (regs 25-28)

25.    Decisions, >orders and >directives >to be made >in Council and Committee meetings>

    (1) All decisions, instructions, orders and directives given or issued during the discharge and exercise of the functions and powers vested in the council shall be made by the council or its committee duly convened and held and directed to the Director or communicated for implementation in such other manner as may be determined by the coun>cil in accordance with the Standing Orders.

    (2) A councillor shall not in his own capacity as a member of the council–

    (a)    interfere in the management or administration of any department;

    (b)    give or purport to give instruction, orders or directive to any employee or any agent of the council;

    (c)    obstruct or attempt to obstruct the implementation of the decision of the council or a committee of the council by an employee or an agent of the council;

    (d)    encourage or participate in any conduct which would cause or >contribute to maladministration in the council.

26.    Councillor-staff relations

    (1) Each councillor and each member of staff of the council >shall in the performance of their public responsibilities develop mutual >relationship, which will ensure effective, efficient and proper discharge and exercise of their distinctive functions.>

    (2) Notwithstanding the indispensable mutual respect between councillors and staff, a councillor shall avoid close personal familiarity with council staff, which may be damaging and embarrassing to both parties.

27.    Non-interference in executive functions

    A Councillor shall not assume or obstruct executive functions of the council, and in particular shall not engage or involve himself in–

    >(a)    providing professional and technical management of the council operations; or

    (b)    implementing the decisions of council or national policies directly.

28.    Councillors and staff misrepresentation

    (1) Where a councillor or a local government staff knowingly or >negligently gives false information or provides bad advice to the coun>cil, and in reliance of such information or advice, a decision is made or >taken as a result of which loss is occasioned to the council, such councillor and such officer shall be severally or jointly liable for redressing >the loss so occasioned.>

    (2) Notwithstanding the provisions of subregulation (1), a council>lor shall not be liable for the information or advice, which he has given >in good faith or under a mistaken belief that the information or advice >was correct or true.>

PART VIII
DISCLOSURE OF INFORMATION (reg 29)

29.    Unauthorized disclosure

    (1) A councillor shall not disclose any information availed to him in the exercise or discharge of his powers and responsibilities the >disclosure of which is prohibited under the provisions of the National Security Act * or any subsidiary legislation made under it.

    (2) Any information obtained or accessed by the councillor which–

    (a)    has been determined by the council or committee to be privileged, confidential or secret;

    (b)    is by virtue of the provisions of the law, restricted information or >classified material;>

    (c)    violates the right of other persons if disclosed;

    (d)    has been discussed in any committee of the council where the >public or press was not authorized and has not been brought for >discussion or confirmation in an open meeting of the council,>

shall not be disclosed by the councillor or used by him for gaining any >benefit or for the benefit any other person.>

PART IX
BREACH OF THE CODE AND ENFORCEMENT MECHANISM (regs 30-36)

30.    Offences and breaches of the Regulations

    A councillor commits a breach of these Regulations if–

    (a)    he does or causes to be done or permits or suffers to be done any>thing contrary to or otherwise than as provided by these Regulations;

    (b)    he omits or neglects to do or knowingly permits or suffers to be >done anything, which according to the true intent, meaning and spirit of these Regulations ought to be done by that person at the time and in the manner provided for in these Regulations; or>

    (c)    he fails to refrain from doing anything which under these Regulations that person is required to refrain from doing; or

    (e)    he refuses or neglects to comply with any notice or direction given in accordance with the provisions of these Regulations; or

    (e)    >he obstructs or hinders any officer, employee, committee or agent of the Council in the performance of any duty lawfully being discharged by such person on enforcing these Regulations; or>

    (f)    >he does anything or causes anything to be done for which a permit or approval or consent from the council is required under these >Regulations without first obtaining that permit, approval or con>sent other than in accordance with these Regulations or without >complying with the conditions attached to that permit, approval >or consent; or>

    (g)    >he for any purpose whatsoever knowingly or recklessly supplies false information to the Council.>

31.    Establishment of Ethics Committee

    (1) Every Council shall establish and maintain an Ethics Committee which shall be responsible for–

    (a)    >giving advice to the council on implementation of these Regulations;>

    (b)    >investigation of allegations on breach of code of conduct by councillors and submission of recommendations to the council for appropriate action;>

    (c)    issuing advisory opinion to the council and to individual councillor on issues relating to ethical conduct.

    (2) The Ethics Committee shall consist of not more than five members appointed by the council from amongst elected members of the council.

    (3) The head of personnel department of the council shall be the secretary to the Ethics Committee.

32.    Who may present a complaint

    A complaint alleging a violation of these Regulations may be >filed by any one or more of the following persons namely:

    (a)>    any person who has been or is likely to be affected by the act or >decision made by the councillor;>

    (b)>    >a fellow councillor;>

    (c)    a staff of the council;

    (d)    the Ethics Committee on its own motion:

    Provided that any other person may refer information about possible violations of these Regulations to the Ethics Committee for consideration upon which the committee may file a complaint if it deems appro>priate to do so.

33.    Procedure of submitting complaint

    (1) A complaint filed with the Ethics Committee shall be in writ>ing or in an appropriate form provided by the committee that includes information under subregulation (2) and signed by the complainant.

    (2) Where the complainant cannot write, he shall cause the facts of the breach to be recorded by the Secretary and the complainant shall >endorse by a thumb print at the end of such narration.

    (3) A complaint shall include:

    (a)    The complainant's name except the Ethics Committee may choose to issue a complaint based upon information provided by a person who refuses to be identified;

    (b)    a statement of the nature of the alleged violation or violations, date, time and place of each occurrence and name of person or persons responsible; and

    (c)    all available documentation and other evidence including any witnesses to the violation which the complainant is able to supply to demonstrate a reason for believing that a violation of these Regulations has occurred.

    (4) A complaint which is incomplete or does not contain enough information to allege a violation of these Regulations will not be accepted for filing.

    (5) The Ethics Committee will not consider allegations in a properly >filed complaint that falls outside the jurisdiction of the committee but it may refer the matter to the appropriate organ for consideration and ap>propriate action.>

34.    Ethics Committee to adjudicate complaints

    (1) All complaints received by the Secretary shall be submitted to the Ethics Committee which upon receipt shall determine to file or not to file the complaints in accordance with Regulation 32, and proceed to investigate, consider and adjudicate on the matter.

    (2) The Ethics Committee shall adopt its own procedure in hearing complaints, which may include the summoning of witnesses to substantiate the allegations or the suspected councillor to defend himself.

35.    Determina>tion

    Where the Ethics Committee makes a determination of a com>plaints submitted before it and finds that the breach made by the councillor is:

    (a)    a criminal offence, it shall refer the matter to the body responsible for appropriate action;

    (b)    >in respect of an offence covered by the Public Leadership Code >of Ethics Act *, the Director shall refer the matter to the Commissioner if no proceedings are preferred under these regulations;>

    (c)    a breach against these regulations, it shall recommend to the coun>cil which may impose upon the councillor against whom, the com>plaint was made any one or more of the following penalties–>

        (i)    issue a formal warning to the councillor;

        (ii)    reprimand the councillor;

        (iii)    surcharge the councillor;

        (iv)    report the councillor in the accountability report of the full council.

36.    Appeal

    (1) A person aggrieved by the determination of the council may >appeal to the Minister whose decision on any matter shall be final.

    (2) No appeal from the decision of the council shall be entertained unless the aggrieved person has given notice of intention to appeal within fourteen days from the date of such decision. {/mprestriction}