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Local Authority Employee - Service for Family Member(s) - A conflict of interest?

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  • 23-09-2017 3:35pm
    #1
    Registered Users Posts: 166,026 ✭✭✭✭


    Hi All,


    I am a public servant and I am looking for some advice on a matter that has come up:

    Can someone who is working in the Architects, Housing or Planning department in their local authority do the following (or is it strictly forbidden / a conflict of interest?):

    (A): Submit their own planning application for their own one-off house? As someone who has worked in the private sector; designing one off housing for other people; I assume one can do their own application in terms of designing a house, filling out the relevant planning documentation and submitting to the relevant office within their own workplace?

    (B): Draw up house plans for another family member as part of a planning application? Are immediate family members of local authority employees; especially those who work in the architectural / housing / planning area expecting to go elsewhere and pay around €2000 - €2500 for AutoCAD drawings where their Local Authority employed family member could provide these for free? I wouldn't call it outside employment; just a favour for family.

    I have looked through the ""Local Government Act 2001 - Code of Conduct for Employees - January 2007"" document and have come across the following paragraphs; but need some advice and opinions from others:

    ""8. Personal dealings with local authority:
    Local authority employees may have dealings with their local authority on a personal level for instance as a tenant or an applicant for grant of planning permission, higher education
    grant, etc. While employees should, of course, enjoy the same rights in their personal dealings as any other person they should not seek preferential treatment.""

    ""10. Attendance and outside employment
    10.1 The public expect that local authority employees devote their full attention and energy to official duties during working hours. Employees are obliged to attend at work as required and not to absent themselves from duty without authorisation.
    10.2 The Act (section 159) provides that an employee shall not engage in any gainful occupation, other than as an employee of the local authority, to such an extent as to impair the performance of his or her duties or in any occupation which
    might (a) conflict with the interests of the local authority or (b) be inconsistent with the discharge of his or her duties as a local authority employee. Section 159 also contains specific restrictions on professional staff engaging in private practice in the profession in which he or she is employed by the local.....there are additional paragraphs""

    Thanks a million for any advice that you may have.


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