Foreword
CONGRATULATIONS
on being elected to your local council. Once the adrenalin of the election subsided
you may well have had a little apprehension at the responsibility you have been
given. You are now part of the democratic community governance of the country.
Being
elected as a councillor does not bestow you with magical powers. You have not
overnight been given the wisdom of Solomon and have all the solutions to the
problems of your community but some of your electorate will think you have.
It
is essential that all councillors and particularly those newly elected are
given appropriate training. Reading this guide is only the first step on what
should be an ongoing process. This booklet tells you the basics of the role,
duties and responsibilities of a local councillor. You should as soon as
possible discuss with your clerk and chairman access to appropriate training
that is available to you. As a priority I recommend that you familiarise
yourself with your council's standing orders.
The
next four years will be challenging, exciting and at times frustrating. As you
benefit from training and gain experience you will have the personal
satisfaction of knowing you have made a difference. I hope you enjoy the
challenge and that you will wish to continue to serve your local community when
this first term of office ends.
Regards
Brian Kerr
Chairman of the
National Association of Local Councils
This guide was
researched and written by Laurie Howes, Elisabeth Skinner and James Derounian
of the School of Environment at the University of Gloucestershire.
It was funded
by the Countryside Agency, using resources from the Department for the
Environment, Food and Rural Affairs, on behalf of the Steering Group of the
National Training Strategy (NTS) for parish and town councils. Project
management was provided by the National Association of Local Councils.
The NTS
Steering Group acted as an advisory panel in the preparation of this guide. The
Steering Group represents the following organisations: The Countryside Agency,
the National Association of Local Councils, the Society of Local Council Clerks,
the Department for Environment Food and Rural Affairs; the Office of the Deputy
Prime Minister; the Local Government Association; and the Employers'
Organisation. representatives from a County Association of Local Councils, a
Rural Community Council and the University of Gloucestershire also serve on the
Steering Group.
Many people
assisted in the writing of this guide. The National Training Strategy Steering
Group is grateful for all contributions.
This guide is
an introduction to being a parish councillor. It is not intended to be a
definitive legal guide. The contents do not necessarily reflect the views of
the individual bodies represented on the Steering Group.
Electronic
copies of the guide are also available from the following websites: NALC
(www.nalc.gov.uk); SLCC (www.slcc.co.uk); Improvement and Development Agency
(look for 'best practice toolkits' www.idea-knowledge.gov.uk)
“A guide like this would have been so useful when I first became a councillor. At my first council meeting I was asked to sign a declaration form, but no one really explained what it was all about. No notes, no induction pack, learning on the hoof was the name of the game – precept, section 111, section 137, it was all a foreign language. It was only by chance that I found out about training for parish councillors and clerks. I took the first step to discovering what parish councils could and could not do, and the rest is history. This guide points new parish councillors in the right direction.”
Councillor
Freda Shaw
“At my first meeting I asked what the word 'precept' meant. Everyone just fell about laughing and no one explained it. It took a lot of courage to go back to the next meeting. When 'training' information was received it was treated as a joke. If only my council had set aside the time and money for training, we could've served our community far more effectively.”
Mary Mitson
Woods (former councillor in Suffolk ) - aged 23 at the time.
This guide
introduces the work of town and parish councils and the part you play as
councillor in the first tier of local government closest to the people. You
will also find it a useful reference. It is divided into five parts to help you
find your way as a new, or even as an experienced, councillor.
Part One
introduces what you can do as a councillor and what your town or parish council
can achieve. It points you in the right direction so that you can serve your
community.
Here we set
out the rules of what you must, or must not do, as a council, councillor,
employer and financial manager. If you and your council understand the law,
then you can act with confidence.
We examine
what happens at council meetings. Decisions taken at meetings drive the actions
of the council and the best meetings are productive, professional – and never
too long!
This is about
action for local people. We consider the delivery of services, review your council’s
role in the town and country planning system, and introduce parish plans and
Quality Parish Council status.
Finally we
provide useful ideas for your councillor’s toolbox including danger areas,
useful publications, documents and contacts for advice.
Although the
first tier of local government includes town councils and even some city
councils, the term parish councils is used throughout for simplicity.
Chairman is
used because it is the term used in law.
Occasionally we
explain phrases in a jargon buster box at the end of a section. These words are
contained in a box.
1.
Councillors
You are a
councillor; you are over 21 and you may be a British national, but could also be
a citizen of the Commonwealth or the European Union. You are not a paid
employee of the council because the law forbids it.
You are one of
approximately 70,000 parish and town councillors in England. You get no
financial reward for being a councillor and will be held accountable by local
people for things that happen locally, so why get involved? You almost
certainly want to do something positive and, like most councillors, you hope to
make a difference by influencing decisions that affect your community.
Did you stand
for election? Was there a vote, or were you returned unopposed? Perhaps you
were co-opted; this is where the council chooses who will fill the vacant seats
if there are not enough candidates at election time. In addition, if a vacancy
occurs between elections, the council must find out if the electors want an
election before they can co-opt. Some councillors represent a political party
and others are independent of party affiliations. Whichever route you take to
becoming a councillor, once you formally accept the office, it makes no
difference; you are councillors working together to serve your community. Your
task is to bring local issues to the attention of the council, and help it make
decisions on behalf of the local community.
Co-option: the
council chooses someone from a list of volunteers; this occurs if there are not
enough candidates for seats at an election or when the electorate doesn’t call
for an election after a seat has fallen vacant.
2.
The council
Your council
is a corporate body with a legal existence of its own quite separate from that
of its members. Its decisions are the responsibility of the whole body. The
council has been granted powers by Parliament including the important authority
to raise money through taxation (the precept) and a range of powers to spend
public money (more later).
Your council
is an elected tier of local government. Other tiers, known as principal
authorities, have a legal duty to deliver services such as education, town and
country planning, environmental health and social services. Parish councils
have the legal power to take action, but they have fewer duties and greater
freedom to choose what action to take. They can play a vital part in
representing the interests of the communities they serve and improve the
quality of life and the local environment. Furthermore they influence other
decision makers and can, in many cases, deliver services to meet local needs.
In other words, you and your council can make a difference.
Planning,
highways, traffic, community safety, housing, street lighting, allotments,
cemeteries, playing fields, community centres, litter, war memorials, seats and
shelters, rights of way - these are the issues that concern parish government.
And the Government is encouraging parish councils to deliver more services and
play a greater part in their communities. For example your council could
organise or give financial support for:
• an evening
bus taking young people to the nearest town
• affordable
housing to rent
• pond
clearing events
• redecorating
the community centre
• a teenagers’
drop-in club
• a summer
festival
• equipment
for the playgroup
• transport to
hospital.
Projects like
these would be a challenge and are not for the fainthearted. Of course, your
council could always decide to do very little; but you and your electors might
then wonder why the parish council exists at all.
There are some
8,350 parish councils in England although London and many other metropolitan
areas do not have them. Most parish councils were established in 1894 by an Act
of Parliament. This created the civil parish, separating it from the church
after a long history of delivering local services such as care for the poor,
maintenance of roads and collecting taxes. New councils are still being
created; recent additions include the parish of Frankley in Birmingham and new
town councils for Banbury and Aylesbury.
A typical
parish council represents around 1,700 people but some have much larger
populations. One of the newest councils, Weston-super-Mare, serves around
70,000 people - twice the population of Rutland county. These considerable
differences are reflected in annual spending which might range from under £1000
to £4 million. It is important that you know how much your council spends each
year.
The diversity
of parish councils is their strength. Each can make a unique response to the
needs of their community with a sensitivity that is more difficult for
principal authorities to achieve.
The diversity
of parish and town councils often arises because councillors have different
enthusiasms and interests. We should
celebrate this. Councillors have different skills and attitudes; for example,
some work with ideas while others are very practical; some like accounts while
others prefer reports. The parish
council needs a range of skills to work as a team.
Your chairman
has the role of team leader for meetings (see Part Three) while your clerk is
also a vital team member. The clerk provides advice and administrative support,
and takes action to implement council decisions. The clerk may have to act as a
project manager, personnel director, public relations officer or finance
administrator. The clerk is not just a secretary and is not at the beck and
call of the chairman or other councillors; the clerk is answerable only to the
council as a whole. The clerk is the proper officer of the council in law. Legally
councils can agree to delegate decisions to clerks because they are
professional officers whose independence allows them to act on behalf of the
council.
The best
councils will have a clerk and councillors who work as a team to provide a
service for the community.
A corporate body has a legal existence
separate from that of its members. It can be taken to court and, as a body, is
responsible for its actions.
Delegation is the act of handing over the power to make a decision to an officer, a committee, a sub-committee, or another council. Delegation must be formally agreed by the full council.
Duties
are actions that a council must take by law.
Powers:
this is shorthand for the power given by an Act of Parliament to a local authority
to act and carry out its functions.
Principal
authorities are other local government bodies, known variously as
county councils, district, borough and city councils, metropolitan and unitary
councils.
The
precept is the parish council’s share of the council tax. The precept demand goes to the billing
authority (the district council or equivalent) which collects the tax for the
parish council.
Proper
officer is a term used in law to mean the officer appropriate to
the task. In parish councils this officer is normally the clerk.
3.
Your community
The job of
your council is to represent the interests of the whole community. Discovering
the needs of different groups in the community (such as young and elderly
people) is an important part of your role as councillor. Occasionally there
will be a conflict of interest requiring sensitive judgement; for example, dog
owners, parents of young children and walkers might disagree about use of the
village green. Making difficult decisions, in an open and reasoned way, is
something that parish councils need to do well.
As a
councillor, you have a responsibility to be well-informed, especially about
diverse local views. You cannot assume that you represent the interests of all
your electors without consulting them.
The tried and
tested tools noted below are just some ways in which people can express their
hopes and wishes for the community. They provide valuable opportunities for
local people to identify features of the parish that need improving or are worth
protecting. They stimulate discussion; they inform the decision makers and
usually lead to action.
• Appraisals are based on questionnaires
through which residents, including children, have an opportunity to express their
views about where they live. More than 2,000 appraisals have been conducted
across the UK since the 1970s. The response rate from households is impressive
- usually over 50% - and in smaller communities it can reach 90%.
• Design Statements involve communities in
a review of the built and natural environment of their area. The published
results can be used by your principal authority to help make planning decisions
(see Part Four).
• A Parish Map can be a creative exercise;
for example, it might be a painting, tapestry or model of the parish. People
identify local features that matter as they work on the map.
• Planning for Real® is a consultation
exercise, championed by the Neighbourhood Initiatives Foundation. People create
a simple model of the parish (or part of it) and use it to generate discussion
and set priorities.
• Community conferences or workshops provide more opportunities for
bringing people together to talk about the future of the parish.
• Parish Plans are led by the parish council;
they draw in community groups and residents of villages, to produce an action
plan for improving the quality of life and the environment. The parish plan can
be based on the findings of consultation exercises such as those described
above; local people from all parts of the community should have their say.
There is up to £5,000 in grant funding from the Countryside Agency to help pay
for a parish plan.
• The Market Town Health Check is similar
to a parish plan but is used in towns. It can have a greater emphasis on the
local economy.
In addition to
helping your council identify real improvements, the process of using tools
like these can strengthen people’s sense of purpose and belonging. The process
is as important as the product.
You should, of
course, use the knowledge you have already as a basis for decisions on behalf
of your community, but these tools help you to become even better informed and
give a stronger mandate for action. The results of community consultation help
you to:
• speak on
behalf of your community with greater confidence especially in discussions with
principal authorities;
• provide
services and facilities, especially where there is no other provider or the
parish council can secure better value for money;
• support
community action and services provided by others; the council can offer
buildings, staff expertise and funding to get local projects off the ground;
and
• work in
partnership with community groups, voluntary organisations and other local
authorities, including neighbouring parish councils, to benefit the community.
For many
people, it is the satisfaction of acting on behalf of their local community
that encourages them to become councillors. The next challenge is to make sure
that the council acts properly in achieving what it sets out to do. It must
proceed with due care and attention to the law. Part Two introduces the rules
that guide your council - not as glamorous as action, but vital to its success.
4.
The rules
What can you
do? What must you do? What must you not do? The rules may not be exciting, but
without understanding them your council could run into trouble.
• A council
must do what Parliament requires it to do.
• A council
may do only what Parliament says it may do.
• A council
must not do anything unless it has a legal power to act, granted by Parliament.
The crucial
question is - does the council have a legal power to act? A council must always
ask this question when making a decision, especially if it involves spending
public money. A parish council can undertake an activity only when a specific
Act of Parliament allows it. For example, the Local Government (Miscellaneous
Provisions) Act, 1976, section 19, gives parish councils the power to spend money
on recreation. There is a useful list of activities and specific legal powers
in Part Five.
If the council
acts without a legal power (even if it would be popular with the community), or
if it uses the wrong power to act, then the council could be charged with
acting beyond its powers. Being caught ‘powerless’ is an uncomfortable
experience. It is an unnecessary risk. The good news is that there are lots of
sources of advice. Start by asking your clerk whose job includes giving legal
advice to the parish council. Your clerk
should have access to the county association (Association of Parish and Town,
or Local, Councils) and the Society of Local Council Clerks for expert advice
on legal matters.
There are very
few activities that a parish council cannot undertake; the trick is to ensure
that there is a legal power for every action of the council. If the council
cannot find a specific power, then section 137 (Local Government Act 1972) is a
treasure. It gives a parish council the power to do anything that will benefit
the community (or part of it) where there is no other specific power covering
the action; it cannot be used retrospectively, that is after the spending has
taken place. Under section 137, your council can spend up to £5 per elector
annually on anything it considers worthwhile if (and only if) no other power
can be used. The expenditure under this power must be commensurate with the
benefit to the community; this means that there must be a match between the
money spent and the benefit to local people.
The law gives
parish councils lots of choice in activities to undertake; but surprisingly
there are very few duties, activities that they must carry out in delivering
services to local people. Exceptions are
that a council must consider:
• providing
allotments if at least six electors want them;
• the impact
of their decisions on reducing crime and disorder in their area;
• adopting a
churchyard when it is closed, if asked to do so by the Parochial Church
Council.
On the other
hand your parish council does have a duty to ensure that all the rules for the
administration of the council are followed. The council must:
• appoint a
chairman responsible for the smooth running of meetings and for ensuring that
all council decisions are lawful;
• appoint a
clerk as the council’s advisor and administrator;
• appoint a
responsible financial officer to manage the finances in a sound and
professional manner; the RFO is often the clerk, especially in smaller
councils;
• appoint an
independent and competent internal auditor (see below); and
• hold a
minimum number of four meetings per year, one of which must be the Annual
Meeting of the Council
(see below).
These rules
are set out in law to guide the procedures of the council and your council can
add its own regulations. Together these rules make up standing orders as
formally agreed by your council (see Part Three). If you discover that your
council does not have its own (non-financial) standing orders don’t worry; it
is not unlawful but it is unwise, and duties set out in statute, such as
appointing a chairman and a proper officer, still apply. The National
Association of Local Councils (see Part Five) provides model standing orders.
Council
meetings must be open to the public, whilst disability legislation reminds the
council that it must make its meetings accessible to anyone who wishes to attend.
Similarly the Freedom of Information Act 2000 requires the council to make
documents available to the public in the spirit of open government.
If you are
beginning to think there are too many rules, then remember that they protect
people’s rights (including yours) and give confidence that the organisation is
properly run.
A county association is shorthand for
your county-based Association of Parish and Town (or Local) Councils.
The
Parochial Church Council is sometimes confused with the Parish
Council. The PCC is the organisation that manages the Church of England in your
locality.
Procedures
are the guidelines for operating a parish council within the law.
The
Society of Local Council Clerks is the organisation that
provides advice and support for clerks (see Part Five).
A statute is an Act of Parliament. It is
the law and must be followed. It includes legal regulations to be observed in
implementing the law. Parish councils are statutory bodies; this means they are
established by statute. Acts of Parliament control the activities of parish
councils.
5.
Rules for councillors
Even if you
are qualified to stand as a councillor and the elections were properly held,
you cannot act as a councillor until you have signed a formal declaration of
acceptance of office. At the same time, you must sign an agreement to abide by
the code of conduct adopted by your council
(more later).
You have a
duty to act properly as a councillor. In particular you have a responsibility
to:
• attend
meetings when summoned to do so; the notice to
attend a
council meeting is, in law, a summons, because you have a duty to attend;
• prepare for
meetings by studying the agenda and making sure you are properly informed about
issues to be discussed;
• take part in
meetings and form sound judgements based on what is best for the community –
and then to abide by majority decisions;
• ensure, with
other councillors, that the council is properly managed;
• represent
the whole electorate, and not just those who voted for you; listen, and then
represent the views of the community when discussing council business and
working with outside bodies;
• maintain
proper standards of behaviour as an elected representative of the people.
The code of
conduct adopted by your council is a legal document that guides you, to make
sure you maintain proper standards as a councillor. The essence of the code is
that you agree to act openly and honourably in the public interest. You must never use your position to secure
personal advantage for you, your family or friends. You must not do anything
that brings the council into disrepute. As a councillor, the code reminds you
that you must:
• promote
equality and not unlawfully discriminate;
• treat others
with respect;
• provide
access to information where appropriate;
• not
compromise the impartiality of your council staff;
• not disclose
confidential information;
• not use
council resources for (party) political purposes or for any other reason unless
agreed by the council.
You have a
duty to register specific financial interests within 28 days of election or
co-option to the council. You must register the name of your employer,
landholdings in the parish and business interests; you also record your
membership and positions of control (such as treasurer) in other organisations.
If you are not sure what is meant by the register of interests, then ask your
clerk. Your signed register of interests goes to the Monitoring Officer at the
principal authority and the clerk keeps a copy of it. Monitoring Officers can
also give advice as they oversee the framework for standards in local
government called the ethical framework.
As a
councillor, you must declare a personal interest as soon as you are aware that
you might benefit, more than most other people in the parish, from the outcome
of a discussion on the agenda. It helps if the agenda gives councillors an
opportunity to declare an interest early in a meeting. In addition, if a member
of the public (with knowledge of the relevant facts) might think that your
judgement of the public interest could be prejudiced, then your personal
interest becomes a prejudicial interest and you must leave the meeting room for
that agenda item; this must be minuted. However, if the interest is not
prejudicial then you can stay in the meeting, contribute to discussions and
vote.
Remember, the
rules protect your electors, your council and you as a councillor.
The code of conduct is the formal code adopted
by your council to guide the behaviour of councillors.
Declaration
of acceptance of office is the formal procedure by which you
accept the office of councillor. You should sign this declaration at or before
your first meeting.
The ethical framework is the legislation
and statutory guidance designed to maintain proper standards of behaviour for
people serving in local government.
The
Monitoring Officer is an officer at the principal
authority who oversees the ethical framework.
Personal
interests are where you might benefit, more than most other people in
the parish, from a council decision.
Prejudicial
interests: Personal interests become prejudicial interests if a member
of the public (with knowledge of the relevant facts) might think that your
judgement of the public interest could be prejudiced.
The
register of interests is the formal registration of your
financial interests that might affect your decisions as a councillor. Your
registration must be signed and lodged with the Monitoring Officer.
6.
Rules for employers
Rules also
protect your employees and your council as an employer. Misunderstandings can
sometimes arise between a council and its employees. The law requires that at
all times the council must act as a responsible employer. It is most important
for the council to ensure that all staff have a contract of employment. All
clerks should be paid (as a minimum) according to the recommendations agreed by
the National Association of Local Councils and the Society of Local Council Clerks.
But note, when councillors occasionally act as clerk, they cannot be paid.
Council
employees enjoy the full security of the law whether they are full-time or
part-time workers. Employment law protects them in terms of pay, pension
rights, annual leave and training for example. It protects them from bullying
or harassment and discrimination. An agreed grievance procedure ensures that
problems are handled properly if they occur. Health and Safety law also
protects employees (and councillors and members of the public); your clerk
should be able to advise on such matters.
Remember, the
clerk is employed by the council and answers to the council as a whole. All
other staff, although employed by the council, answer directly to the clerk who
is their manager and responsible for their performance. These rules and
principles should build on mutual respect and consideration between employee
and employer.
7.
Rules for dealing with public money
Being financially
responsible for a public body can be daunting. The rules set by Government are
designed to make sure that the council takes no unacceptable risks with public
money. The words risk management should be engraved upon every councillor’s
mind. The good news is that the rules protect you and your council from
possible disaster. Your council should establish a risk management scheme which
highlights every significant risk in terms of the council’s activities and
makes clear how such risks will be managed.
This includes investing in proper insurance to protect employees,
buildings, cash and members of the public. For example, remember that
playgrounds and sports facilities must be subject to regular checks that are
properly recorded. It’s not just about
money, it’s about taking care of people.
As a
councillor, you share responsibility for financial management of the council,
but the finances are administered by an officer known, in law, as the
responsible financial officer (RFO). Your role is to ensure that the RFO acts
properly and that the council avoids the risk of fraud, bad debts or
carelessness. In particular, as a minimum two councillors must sign every
cheque; so, if you are asked to sign, always make sure the request is correct
and never sign a blank cheque.
As an aid,
required by law, your council must have its own financial regulations (similar
to standing orders) giving details of how the council manages its finances. The
National Association of Local Councils publishes model financial regulations
available from your county association. If your council has not adopted
financial regulations then there could be trouble ahead and your council must
take action as a matter of urgency.
So the council
must have a system of internal control where someone, (other than the RFO),
keeps an eye on the arrangements for financial management and checks financial
documents selected at random. This process of internal control should be
appropriate to your council’s expenditure and activity. Findings are reported
to the council, and together with regular feedback from the RFO on the
accounts, all councillors will be aware of the council’s financial position.
This ensures everything is open and above board and you have what you need as a
councillor accountable for the council’s finances.
The budget is
an essential tool for controlling the council’s finances. It demonstrates that
your council has sufficient income to carry out its activities and policies. By
checking spending against budget plans on a regular basis at council meetings,
the council controls its finances and monitors progress towards what it wants
to achieve.
The internal
auditor is an independent and competent person appointed and paid by the
council to carry out checks on the system of control mentioned above. The
internal auditor cannot be involved in any other way in the business of the
council and cannot, therefore, be a serving member of the council; another
clerk or an accountant could be suitable (but reciprocal arrangements between
councils are not acceptable). The internal auditor looks for areas of financial
risk and signs a report on the annual return (required by law) to confirm that
the system of controls is working.
The Government
requires yet another audit to be carried out before it is confident that the
risk to public money has been avoided. The Audit Commission appoints auditors
for all parishes in the county (known as external auditors) to carry out the
final check.
All but the
largest councils with an annual turnover of over £500,000, must complete a
document called the annual return to confirm that everything is in order.
Different signed statements included in the annual return reassure the external
auditor that:
• the accounts
have been properly prepared and approved;
• an effective
system of internal control is in place;
• the council
has taken reasonable steps to comply with
the law;
• the council
has assessed all possible risks to public money;
• a competent and
independent internal auditor has been appointed;
• the accounts
have been publicised for general inspection;
• there are no
potentially damaging or hidden issues such as an impending claim against the
council;
• significant
differences in the figures from the previous year have been explained.
As a member of
the council, you have responsibility for making sure that the annual return
accurately represents the financial management of the council. Your clerk will
advise.
If you and
your fellow councillors have acted properly leading up to the external audit
then you will receive the external auditor’s certificate and statement of
limited assurance, which means that nothing in the accounts and documents
viewed gives cause for concern.
It is
essential that the council is seen to provide value for money. If your council
is one of the largest parish councils with an income of over £500,000 then it
must comply with the legal requirements known as Best Value. This is a rigorous
(and inspected) process by which the council reviews its performance in terms
of service delivery and cost to the public. If you are a member of a smaller
council, then the principles of Best Value, known as the four Cs still apply.
• Challenge
existing services and expenditure (Should we be doing it? Can we do it
better?);
• Compete with
other providers (Could they do it better?);
• Compare with
other councils (How do they do it?);
• Consult the
users of parish council services and the wider community (How do they want us
to do it?).
The financial
rules, the variety of statutes and rules of procedure protect the council. Most
important the rules give your council the tools it needs to achieve its goals
and make best use of public money.
Rules also
guide the parish council as it makes decisions in the proper manner. Part Three looks at how you make decisions on
behalf of local people – at meetings.
The
accounts are financial papers including receipts and payments records,
statements of income and expenditure and the balance sheet.
Best
Value is Government shorthand for a policy designed to ensure
that principal authorities and the largest town councils give value for money
in service delivery. It operates through a process of performance indicators,
performance plans and inspections.
The
budget is the plan for income and expenditure over the next year.
Working papers are designed to help you decide what the budget will be for the
next financial year; they should include comparisons with the previous and
current financial years.
Internal
control is the system by which the council checks the work of the
RFO at regular intervals during the year. Internal
audit is the appointment of an internal auditor who is independent and
competent to review the system of internal control. The external audit is where the Government’s appointed auditor makes
the final check using the annual return, a form to be completed and signed by
the RFO, the chairman and the internal auditor.
The responsible financial officer (RFO) is
the officer responsible for administering the council’s finances. The RFO is
often the clerk.
8.
Meetings
Councils
thrive on meetings. This is where you play your part as a decision maker. The
chairman is in charge, and the clerk (or perhaps a deputy) supports the council
as it discusses business. The meeting is the council team in action.
Council
meetings are formal events, not social occasions. They have a clear purpose -
to make decisions – and are not just talking shops. Furthermore, they are
public events; the press and public have a right to observe how the council
operates. Exceptions are when sensitive issues are discussed (such as legal,
contractual or personnel matters) and then the council can agree to exclude the
press and public for just that item.
The council
usually makes its decisions in council, committee and sub-committee meetings.
Council and committee meetings (and following recent advice, sub-committee
meetings) must all be advertised and open to the press and public. The council
should decide on a schedule of meetings for the year.
• Council
meetings are meetings of the full council. All councillors are expected to
attend.
• Committee meetings
bring together a smaller number of councillors to concentrate on a specific
function of the council and share the workload.
Some
committees are permanent or standing committees, but others are set up for a
short-term project. Many councils have a permanent Planning Committee allowing
them to comment on planning applications once a fortnight without convening a
full council meeting.
Some
committees are advisory; they make recommendations to the full council, which
then makes the decisions. There are also executive committees where the full
council delegates (or hands over) responsibility for certain decisions to the
committee. The committee then reports its decisions to the full council. This
helps the Planning Committee to make decisions without referring to the full
council.
•
Sub-committees are appointed by a committee to focus discussion on a specific
topic among an even smaller group of councillors. Otherwise, they operate like
committees.
• Working
parties are occasionally set up for a short term purpose. They are not subject
to the strict rules that apply to formal council meetings and do not need to be
held in public. A working party cannot make a decision on behalf of the
council.
• There are
rules about who is permitted to join a committee or sub-committee. Sometimes
non-councillors can be included (although with a few exceptions, they cannot
vote). This is an excellent means of involving others, particularly young
people, in council work.
If you are
elected in May your first meeting will be the Annual Meeting of the Council.
This is where you elect a chairman and probably a vice-chairman, and appoint
committee members and representatives to other bodies. It helps to think of
this as the Annual General Meeting and to remember that it is a meeting of the
council.
The Annual
Parish or Town Meeting is not a council meeting. It is a meeting of the parish
or town electors and could involve local organisations such as the Womens
Institute and the drama group. Strictly speaking electors can set the agenda,
and in practice these meetings often celebrate local activities and debate
current issues in the community. The chairman of the council calls the Annual
Parish or Town Meeting and, if present, will chair it. It is best practice to
hold the Annual Meeting of the Council and the Annual Parish Meeting on
different occasions to avoid confusion.
The rules for
the Annual Meeting of the Council will be contained in the council’s standing
orders. Remember, these include rules of procedure laid down in law and
additional regulations chosen by your council. Standing orders help the council
to operate smoothly. For example, a third of the councillors (or three,
whichever is the greater) must be present for the meeting to go ahead; this is
known as the quorum. Your council can have a higher figure for the quorum if it
chooses; it will set this down in its standing orders. Other standing orders
will determine, for example:
• the order of
business
• the length
of meetings and the duration of speaking time
• the schedule
of meetings for the year
• delegation
(handing over tasks) to committees and officers
• voting
requirements
• procedures
for public participation.
The chairman is
in charge during council meetings; this is a post recognised in law and must
command respect. Remember, the chairman is elected at the Annual Meeting of the
Council for one year. Chairmen have a duty to ensure that all decisions are
lawful and should take steps to involve all councillors in discussion. It is
good practice for the chairman to refer to the clerk for advice.
In law, the
chairman has few special powers. For instance, it is unlawful for a council to
delegate decision making to any individual councillor and the chairman is no
different. However, when a vote is tied, the chairman has a second, or casting
vote, ensuring that a decision can be made.
The chairman
often enjoys a special relationship with the public, especially in a town where
the chairman is also the mayor. It is the chairman who leads the Annual Town or
Parish Meeting (remember, this is not a council meeting) and opens the fete, or
welcomes official visitors from abroad. This is one reason why the chairman can
receive an allowance to support this important public role.
Where
councillors, clerk and chairman work together as a team they combine energies
and skills to deliver real benefits to the community they serve. Good working
relationships, mutual respect and an understanding of their different roles are
vital. Conflict between these key players, especially during meetings in front
of the press or public can damage the council. "Parish pump strikes
again…shock horror!” You can imagine the headline.
The
chairman’s allowance is a small sum that can be allocated
to the chairman to help pay for activities undertaken in the role of chairman
such as attendance at civic events and gifts for visitors.
Public
participation is encouraged. It means that members of the public can
express their views or ask questions before or during a meeting. It is not part
of the meeting itself, however, and the council must agree to adjourn the
meeting for that purpose.
The
quorum is the number of people who must be present before
decisions can be taken. If enough people are present then the meeting is said
to be quorate.
9.
Being prepared
Your first
meeting as a councillor can be daunting as you wonder what will happen and
where to sit. Hopefully other councillors will be welcoming.
At, or before,
your first meeting you must sign the declaration of acceptance of office. In
law, you are not a councillor until you sign. At the same time you make a
written undertaking to observe your council’s code of conduct. Before you sign,
the clerk must give you a copy of this important document which you must read.
At least three
clear days before each council or committee meeting, you should receive a
summons and agenda. The three clear days is established in law because it is
important to be notified of issues to be discussed. Topics requiring a decision
cannot be added to the agenda after the deadline of three clear days has
passed; they must wait for another meeting.
Each agenda item should make it very clear what you as a councillor are expected to do and be precise about the subject under discussi