CHAPEL ST LEONARDS PARISH COUNCIL
PROTOCOL – THE ROLES OF MEMBERS AND OFFICERS
This Protocol was ADOPTED by the Council on 9 November 2015
This protocol defines the relationship between elected Members and the officers of the
Council (Parish Clerk and Assistant Clerk).
Elected or Co-opted Members of the Council
1.
The role of elected Members (or Members co-opted onto the Council) is as follows:
1.1
To represent the interests of all of the resident population of Chapel St
Leonards,
1.2
By extension, to represent the interests of business owners in Chapel St
Leonards, and of visitors and holidaymakers coming to Chapel St Leonards,
1.3
To be a channel of communication to the community on Parish Council
strategies, policies, services and procedures, and
1.4
To be an advocate for Chapel St Leonards and its Parish Council.
The role of elected or co-opted Members is not to conduct the Council’s
administration; that is the role of the Council’s officers.
From time to time, elected or co-opted Members may undertake an action directly on
behalf of a resident (for example, seeking action from the County Council or District
Council on a matter affecting an individual). In such cases, Members are encouraged
to advise the Parish Clerk (or in his absence, the Assistant Clerk) of the actions
undertaken for continuity purposes and future reference. However, Members of the
Council will not be involved in the day-to-day administration of the Council’s business.
2.
Elected Members (and co-opted Members) are responsible for determining Council
policy and for overseeing the performance of the Parish Council. This is achieved
through:
2.1
Participation in Parish Council meetings, or those of its Committees or Working
Groups, reaching and making informed and balanced decisions,
2.2
Over-seeing performance through regular excursion in the village and through
dialogue with members of the community, business owners, visitors and
holidaymakers.
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3.
4.
2.3
Adhering to the principles of democracy and collective responsibility in
decision making,
2.4
Promoting and ensuring efficiency and effectiveness in the provision of Parish
Council services,
2.5
Representing the Parish Council and the community of Chapel St Leonards
effectively on or with appropriate outside bodies, and promoting the best
interests of both the Council and the community,
2.6
Promoting and supporting good governance of the Parish Council and its
affairs,
2.7
Providing leadership for the community,
2.8
Promoting and supporting openness and transparency in the business
conducted by the Parish Council, and
2.9
Strict adherence to the Members’ Code of Conduct as adopted by the Parish
Council, and demonstration of the highest standards of behaviour as a
Member of the Parish Council.
Elected and co-opted Members of the Parish Council are therefore expected to be
committed to:
3.1
Openness and transparency
3.2
Honesty and integrity
3.3
Tolerance and respect
3.4
Equality and fairness
3.5
Appreciation of cultural or religious difference, and
3.6
Sustainability
Elected and co-opted Members of the Council are required to conduct Council
business in accordance with the provisions of the Local Government Act 1972 and
other legislation that applies to parish councils.
Members must therefore recognise the role of the Parish Clerk as the Proper Officer
of the Council and seek his advice accordingly before making any decision that
otherwise might render the Council to be ultra vires or act against accepted good
practice.
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5.
Members of the Council are expected to have an understanding and acceptance of the
Code of Conduct adopted by the Council and of the Council’s Standing Orders,
Financial Regulations and the Protocols adopted by the Council.
6.
The role of the Chairman of the Council (or in his absence, the Vice Chairman) shall be
as follows:
7.
6.1
To uphold the democratic values of the Council,
6.2
To adhere to and promoted Council policies, protocols and procedures,
6.3
To represent the Council in the press or at meetings of outside bodies where
the Council is represented,
6.4
In conjunction with the Clerk, to set the agendas for meetings of the Council,
6.5
To provide confident and effective management of meetings to facilitate
inclusivity, participation and clear and unambiguous decision making,
6.6
To demonstrate integrity and impartiality in decision making which accord with
legal, constitutional and policy requirements,
6.7
To delegate actions to Committees or Working Groups as appropriate,
6.8
To exercise a casting vote on matters requiring a decision on which otherwise
there is an equality of votes cast.
6.9
To liaise on a regular basis with the Chairmen of Committees to determine the
overall work programme of the Council, to determine a priority allocated to
each task and to determine relevant key dates and completion dates that will
apply, and then to discuss implementation of these with the Parish Clerk (or in
his absence, the Assistant Clerk).
6.10
To monitor progress against the work programme of the Council and to work
with the Clerk to seek remedies where the work programme is falling behind
schedule or does not appear to be achievable.
The role of the Chairman of a Committee (or in his absence, the Vice Chairman) shall
be as follows:
7.1
To uphold the democratic values of the Council,
7.2
To adhere to and promoted Council policies, protocols and procedures,
7.3
To represent the Committee in the press or at meetings of outside bodies
where the Council is represented,
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7.4
In conjunction with the Clerk, to set the agendas for meetings of the
Committee,
7.5
To provide confident and effective management of meetings to facilitate
inclusivity, participation and clear and unambiguous decision making,
7.6
To demonstrate integrity and impartiality in decision making which accord with
legal, constitutional and policy requirements,
7.7
To exercise a casting vote on matters requiring a decision on which otherwise
there is an equality of votes cast at meeting of the Committee
7.8
To liaise with the Chairman of the Council to set the priorities for the
Committee’s work programme as part of the overall Council work programme.
8.
The provisions of the Local Government Act 1972 require the Council to act as a
corporate body. That is to say that the Council as a whole must make its decisions
corporately in a democratic manner, and that no individual member or group of
Members may act in contravention of the policies, procedures or protocols adopted
by the Council.
9.
Responsibility for specific matters may be delegated by the Council to a Committee or
Working Group, or to specific Members of the Council. (For example, representation
of the Council to specific outside bodies). Committees, Working Groups and individual
Members so empowered are required however to adhere to Council policies and to
adhere to the principles of democracy and collective decision making.
Officers of the Council
10.
The officers of the Council are the Parish Clerk and the Assistant Clerk.
11.
The officers of the Council are responsible for the day-to-day administration of the
Council’s affairs. As such, they are responsible for the security of the Council’s files
and systems and may not provide access to these either by the provision of keys or
disclosure of passwords to any Member of the Council or member of the public.
12.
Elected and co-opted Members of the Council are entitled to see (and where
appropriate and necessary be provided with a copy) any record or document, but must
seek access to these via the Parish Clerk. The Clerk will provide advice where
appropriate on the need for confidentiality (for example on sensitive personnelrelated or commercially sensitive documents, or where the Data protection Act
applies) and the Member or Members seeking this information must comply with the
observance of such advice.
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13.
Members of the public are also entitled to see certain documents (for example, public
accounts) but must make an appointment with the Clerk to do so and may only be
provided with copies of any document in accordance with the provision of the
Freedom of Information Act 2000 as adopted by the Council.
14.
The role of the Clerk is defined in the Clerk’s Job Profile as attached to this protocol.
Broadly, the role is:
15.
14.1
To advised the Council as its Proper Officer
14.2
To maintain the Council’s records
14.3
To ensure that the resolutions made by the Council are executed
14.4
To maintain the Council’s accounts on behalf of the Responsible Finance
Officer
14.5
To administer the Council’s bank accounts as the delegated on-line banking
administrator
The role of the Assistant Clerk is defined in the Assistant Clerk’s Job Profile as attached
to this protocol. Broadly, this role is:
15.1
To assist the Clerk in the day-to-day administration of the Council
15.2
To maintain office systems, records and archived documents
15.3
To undertake and take responsibility for (by agreement) specific duties which
may be allocated from time to time.
15.4
To act (as far as her hours of work permit) as the primary interface between
the Council and members of the public making enquiries or complaint.
Interface between Members and officers
16.
In order for the Council to function effectively, there needs to be a clear understanding
both by elected (or co-opted) Members and officers of their respective roles.
17.
Members are expected to support the officers in undertaking the administration of
the Council by adhering to the Code of Conduct, Standing Orders, Financial
Regulations, Terms of Reference and Protocols which have been adopted by the
Council.
18.
Officers are expected to support the Members through the provision of timely and
accurate information and through execution of the corporate decisions made.
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19.
In essence, the relationship between Members and officers must be such that it
contributes to the effective running of the Council to the benefit of the community of
Chapel St Leonards.
20.
Members and officers are expected to act with mutual respect at all times.
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