Council Roles, Duties and Responsibilities

Council Roles, Duties and Responsibilities The Chairperson Is appointed annually by a council (Local Government Act 1972 ss14 & 43) Is responsible for ensuring that the Councils main purpose its resolutions are reached, without reasonable delay, intelligibly, lawfully and for the right reasons. The Chair signs Minutes to this effect and cannot make decisions without the approval of the Council The Chair is in charge of Council meetings and is responsible for conduct and procedures as in Standing Orders. The Chair has no more authority over the Clerk than other Members. It is essential that the Chair maintains a close working relationship with the Clerk to ensure the Council is well- informed and advised. Whilst the clerk, as Proper Officer, has a responsibility for the formulation of agendas for the Council meetings, the Chair should be consulted and advised on the content and context of the Agenda, enabling the chair to better expedite the meetings business. The Chair introduces items, encourages contributions from Councillors, summaries and ensures decisions are reached without delay or lengthy debate. The Chair has a [second] casting vote in the event of a tied vote. The Chair is frequently the Council s public face at local meetings and may be paid an allowance (LG Act 1972 s 15[5] and 34[5]) to enable them to fulfil their function. The Clerk The Clerk is (normally) a paid Officer appointed by and responsible to the Council as a body, not to any individual Councillor. Their actions are governed by majority voting of the Council, not by orders from the Chairperson or other Councillor. The Clerk is usually the Proper Officer@ of the Council and is frequently also the Responsible Financial Officer. The Clerk advises the Council on Policy, legal and factual matters from an independent position, despite being an employee, and guides the Chairperson on procedural matters and issues. The Clerk ensures that their actions subsequent to Council decisions are within relevant rules, regulations and procedures. The Clerk administers the affairs of the Council. From time to time actions are taken without a Council decision, for example to initiate the procedure to elect a new Councillor after a resignation or to take emergency measures; in these cases the actions are reported to the next Council meeting. Delegated powers may be given to the Clerk to cover such actions and these may be covered in the job description. A Clerk s job description will include responsibilities for agendas, minutes, correspondence, media relations, research, staff management and if (RFO) accounts and Budgets. Issue 01 Reviewed 04/2009 1 of 13

The Councillors as individuals Councillors are elected for a four year term of office or, if elected at a bye election or co-opted, for the remainder of the Council s term. Once elected or co-opted Councillors must sign a declaration of Acceptance of Office and of the Code of Conduct for Councillors immediately and complete a form for the Registration of Members Interests within 28 days. The latter is forwarded to the monitoring Officer. (Local Government Act 1972 & Declaration of Acceptance of Office Order 2001.) Councillors must declare personal or prejudicial interests, behave ethically, represent the views of the Council in public formally or informally in a positive manner, attend meetings (or present appropriate apologies), regularly participate positively in discussion and abide by the majority decisions of the Council even if these may be in conflict with their own view. Councillors should seek actively to represent the views of the community and its needs and wants. It is important that Councillors seek the Clerk s advice if they are in doubts about actions or facts and that they prepare for meetings by being familiar with the Agenda and accompanying documents. The Council as a Corporate Body Parish councils were established by Statute in 1884. Decisions are the responsibility of the whole council and binding on all members. Local Councils are the first tier of local Government and as such are closest to electors and residents and they must serve all of them equally and equitably, whilst balancing the differing needs of sections of its community. (It may have promulgated its own Equal Opportunities Policy that enshrines this.) The Council Raises money through taxation (the Precept) Spends money lawfully, seeks Best Value and assesses risks in expenditure in advance Can provide a range of services to the community as empowered by statute (esp. Local Government Act 1972) Makes representation to other (higher) authorities on matters that effect its community Is responsible for the services it provides. In fulfilling this work it is essential that good working relationships are developed with District and County Councils. As a corporate body, Councils have a responsibility for ensuring the delivery of services and generating ideas and constructive debate to involve the community in its development; such activity should be open and honest and is a key to an active Council meeting the needs and hearing the views of its residents. Issue 01 Reviewed 04/2009 2 of 13

Standing Orders 1. Meetings a) Council Meetings shall generally be held on the first Monday of each month b) Smoking is not permitted in any Council Meeting 2. Statutory Annual Meeting and Regular Meetings a) In an election year the meeting shall be held within 14 days of Councillors taking office, otherwise prior to the Council s meeting in May. b) The council will meet monthly other than in August, in which a meeting may be called if matters require at the discretion of the chair. 3. Chair a) The elected Chair of the Council will preside at all Council Meetings. In their absence the Vice Chair or other person presiding will have all the powers and duties of the Chair in relation to the conduct of the meeting. 4. Proper Officer a) The Clerk will be the Proper Officer of the Council and they will be nominated to: - receive declarations of acceptance of office and the Code of Conduct - receive and record notices declaring interests at meetings and forms of Declarations of Interest required under the Code of Conduct. - receive and retain plans and documents - sign notices and other documentation on behalf of the Council - receive copies of by-laws made by other authorities - certify copies of by-laws made by the Council - sign and issue the summons to attend meetings of the Council - keep proper records for all Council Meetings 5. Quorum a) Three members shall constitute a quorum (or1/3 which ever is greater) b) If a quorum is not present, or if during a meeting the quorum falls below the required minimum (including members debarred by virtue of declaring a prejudicial interest), the meeting shall be adjourned and business not transacted shall be dealt with at the next meeting or on a date fixed by the chair. c) The quorum for a Committee or sub-committee shall be half its members. 6. Voting a) Voting will be by show of hands or, if two members request it, by signed ballot b) If a member requires it, the Clerk must record the names of those voting to show those for or against. This request must be made before moving onto the next business. c) The Chair may have an original vote and, in the case of equality of voting, a casting vote. Issue 01 Reviewed 04/2009 3 of 13

d) If the person presiding at the Annual Meeting would have ceased to be a member but for the statutory provision which preserves the membership of the Chair and Vice- Chair until the end of their terms in office, s/he may not give an original vote in the election for Chair. e) The person presiding must give a casting vote when ever there is equality in an election for Chair 7. Order of Business a) At each Annual Parish Council Meeting, the order of business shall be: - to elect a Chair - to receive the Chairs acceptance of office or to decide when it shall be received - elect a Vice-Chair - to receive the Vice-Chairs acceptance of office or to decide when it shall be received - in an election year, to fill any vacancies created by in sufficient nominations for election - to decide when any declarations of acceptance of office and written undertaking to observe the Code of Conduct not already received, shall be received - to nominate appoint representatives to other bodies - to appoint Committees and Sub- Committees b) and thereafter to follow the order set out in Standing Order No 9 c) At every meeting other than the Annual Parish Council Meeting the first business shall be to appoint a Chairperson if the Chairperson and Vice Chairperson be absent and to receive such declarations of acceptance of office (if any) and undertaking to observe the Council s Code of Conduct as are required by law to be made or, if not received, to decide when they shall be received. 8. Review a) In every year not later than the meeting at which estimates are settled, the pay and conditions of employees shall be reviewed. 9. Order of Business a) Unless on grounds of urgency it is decided otherwise, the order of business shall be: - to receive and approve apologies from members unable to attend - to declare any personal or prejudicial interests in any items on the agenda, or declare your interest at any point in the meeting if an item is introduced or referred to. - to consider Minutes, which shall have been circulated to them in advance on the day of issue of the summons to the meeting - after consideration of the minutes to approve signature by the person presiding as a correct record - to deal with business expressly required by the Statute - to dispose of the business, if any, remaining from the last meeting - to receive such business as the person presiding may wish to lay before the Council Issue 01 Reviewed 04/2009 4 of 13

- to answer questions from Councillors - to receive minutes from Committees and any other reports that they may wish to place before the Council - to receive and consider recommendations or resolutions from Councillors in the order in which they have been submitted - to authorise the sealing of documents - to authorise, if necessary, the signing of orders for payments b) A motion to vary the order of business on the grounds of urgency may be proposed by the Chair or by any other member, and if proposed by the Chair, may be put to the meeting without a seconder and shall be put to the vote without discussion. 10. Resolutions Moved with Notice a) Unless provided by these orders, no resolution shall be moved unless the business has been put on the Agenda by the Clerk by the proposer giving written notice to the Clerk at least 8 working days before the meeting b) The clerk shall date every notice of resolution or recommendation and enter it in a book open to inspection by every member of the Council and will insert such notices into the agenda for the meeting, in the order received unless the proposer has stated that they intend to move it a later meeting or withdraw it. c) If a resolution or recommendation is not moved by the proposer or any other member of the Council it shall, unless postponed by the Council, be withdrawn and not moved without further notice. d) If the subject matter of a resolution or recommendation falls within the remit of a Committee or Sub-Committee of the Council it shall, upon being moved and seconded, be referred to that Committee without discussion provided that the Chair, if s/he considers it to be a matter of urgency, may allow it to be dealt with at a Council Meeting e) Every resolution shall be relevant to some subject over which the Council has power or duties which affect its area. 11. Resolutions Moved without Notice a) resolutions dealing with the following matter may be dealt with without prior notice - to appoint a Chair of the meeting - to correct Minutes and approve them - to alter the order of business - to proceed to the next business - to close or adjourn the debate - to refer a matter to a Committee - to appoint a Committee or its members - to adopt a report - to authorise sealing of documents - to amend a motion - to give leave to withdraw a resolution or amendment - to extend the time limit for speeches - to exclude the press and public (see Order 19) - to silence or eject a member named for misconduct - to give consent of the Council where required by these orders Issue 01 Reviewed 04/2009 5 of 13

- to suspend any Order (see Order 25) - to adjourn the meeting 12. Questions a) a member may ask a question of the Chair or the Clerk concerning the business of the Council provided 4 days notice has been given to the person to whom it is addressed. b) No questions not connected with the business under discussion shall be asked except during the part[s] of the meeting set aside for questions c) Every question shall be put and answered without discussion d) A person to whom a question is put may decline to answer 13. Rules of Debate a) Minutes No discussion shall take place upon the minutes except upon their accuracy. Corrections to the minutes shall be made by resolution and initialled by the Chair. b) Resolutions and Amendment i) A resolution or amendment shall not be discussed until it has been proposed and seconded, and, unless proper notice has need given, it shall, if the Chair requires, be reduced to writing and handed to him/her before it is further discussed or put to the meeting ii) A member seconding a resolution may reserve his speech until later in the debate. iii) A member must direct his speech to the question under discussion, a personal explanation or a question of order iv) An amendment shall be: - to leave out words - to leave out words and insert others - to insert or add words v) An amendment shall not have the effects of negating the resolution before the Council vi) If an amendment is carried, the amendment resolution shall take place of the original resolution and will become the resolution on which any further amendments may be moved. Further amendments[s] shall not be moved until the Council has disposed of every amendment previously moved. vii) viii) ix) The mover for every amendment shall have the right to reply A member, other than the mover of a resolution, shall not, without leave of the Council, speak more than once on any resolution except to move an amendment or further amendment, or on an amendment, or a point of order, or in personal explanation or to move a closure. A member may speak on a point of order or an explanation and for these purposes shall be heard forthwith. A personal explanation shall be confined to some material or part of a former speech by him/her which may have been misunderstood. x) A motion or amendment may be withdrawn with the consent of the Council, which shall be signified without discussion and no member Issue 01 Reviewed 04/2009 6 of 13

may speak on it after permission has been asked for its withdrawal unless such permission has been refused. xi) When a resolution is under debate, no other resolution shall be moved except the following - to amend - to proceed to next business - to adjourn debate - to ask that question be now put - that the member named be not further heard - that the member named do leave the meeting - to exclude the press and public - to adjourn the meeting c) Closure At the end of any speech a member may, without comment, move that the question be now put, that the debate be now adjourned or that the Council do now adjourn. It this motion is seconded, the Chair shall put the motion. In the case of a motion that the question now be put only if s/he is of the opinion that the motion had been fully debated. If this motion is put, s/he shall call on the mover to waive her/his right of reply and put the motion immediately after that right has been exercised or waived. The adjournment of debate or the Council Shall not prejudice the mover s right of reply at the resumption. d) Conduct i) A member shall remain seated unless requested to stand by the Chair ii) The ruling of the Chair on admissibility of a personal explanation or a point of order shall not be discussed. iii) Members shall address the Chair. If two or more members wish to speak, the Chair shall decide who to call on iv) Whenever the Chair speaks during a debate, all other members shall be silent. v) All members must observe the Code of Conduct adopted by the Council vi) No member shall at a meeting persistently disregard the ruling of the Chair, wilfully obstruct business or behave irregularly, offensively, improperly or in such a manner as brings the Council into disrepute. vii) If, in the Chair s opinion, a member has acted contrary to that required, the Chair shall express that opinion and thereafter any member may move that the member is no longer heard or leaves the meeting and the motion, if seconded, is put forthwith and without discussion. If a member reasonably believes that another member is in breach of the Code of Conduct, that member is under a duty to report the breach to the Standards Board [England]. If the motion is disobeyed, the Chair may adjourn the meeting or take whatever steps reasonably necessary to enforce them. e) Right to Reply The mover shall have the right of reply immediately before the resolution is put to the vote. The mover of an amendment shall have a similar right immediately before the amendment is put to the vote. No new matter may be introduced. After these rights have been exercised a vote shall be taken forthwith. Issue 01 Reviewed 04/2009 7 of 13

f) Alterations of Resolutions a member may, with the consent of his/her seconder, move amendments to his/her resolution. g) Recession of Resolution A decision of the Council, affirmative or negative, shall not be reversed within six months except either by a special resolution, the written notice of which bears the signatures of a least 3 members of the Council, or by a resolution moved in pursuance of a report or recommendation of a Committee. When such a recommendation or resolution has been disposed of, no similar resolution may be moved for a further six months h) Voting on Appointments Where more than two people have been nominated for a position and there is not an absolute majority in favour of one person, the person with least votes will be struck off the list and voting continue until a majority is given in favour of one person i) Persons employed If at a meeting there arises any question relating to the appointment, conduct, promotion, dismissal, salary or conditions of service of any person employed by the Council it shall not be considered until the Council (or Committee) has decided whether or not the press and public shall be excluded. j) Resolutions on Expenditure Any resolution which, if carried, would, in the opinion of the Chair, substantially increase the expenditure or decrease the revenue of the Council or involve capital expenditure shall, when proposed and seconded, stand adjourned without discussion until the next ordinary meeting of the Council. k) Expenditure Orders for payment shall be authorised by resolution of the Council and signed by two members. Unless the payment is over 250 in which case it shall be three members l) Sealing Documents A documents shall not be sealed on behalf of the Council unless authorised by a resolution. Any two members of the Council named in the resolution may seal, on behalf of the Council, any document required by law to be issued under seal. 14. Committees and Sub-Committees a) The Council may, at its annual Parish Council meeting, appoint standing committees and at other times appoint such other committees that are necessary, but, subject to statutory provision. i) shall not appoint anyone so as to hold office later than the next annual Meeting ii) ii) may appoint persons other than Councillors to a Committee may, subject to order 13 (g) at any time alter or dissolve the membership of the Committee b) The Chair and Vice Chair of the Council shall be ex-officio voting member of the Committee c) Every Committee shall, at its first meeting and before proceeding with other business appoint a Chair and Vice Chair who shall hold office until the Annual Meeting of the Council, and shall settle its programme of meetings for the year. Issue 01 Reviewed 04/2009 8 of 13

d) An additional meeting may be summoned at any time by the Chair of the Committee or of the Council, or by requisition in writing of not less than a quarter of the Committee. The summons shall set out the business of that meeting and no other business shall be transacted. e) A Committee may appoint sub-committees for the purpose it specifies. The Chair and Vice-Chair of the Committee shall be members of such sub-committees unless they signify they do not wish to serve. f) The quorum of a Committee or Sub-Committee shall be half its members unless otherwise specified by the Council or by the Committee in the case of a Sub- Committee. g) The Standing Orders on rules of debate and on interests of members in contracts shall apply to Committees. h) The Council may create advisory committees whose name, number of members and bodies to be invited to nominate members shall be specified. The Clerk will advise such members of the advisory Committee s terms of reference. Advisory Committees may consist wholly of persons who are not members of the Council and may make recommendations to the Council. i) Voting in Committees and Sub-Committees shall be by show of hands or if requested by at least two members, by signed ballot. j) The Chairs of Committees and Sub Committees shall have a second casting vote. k) A member who has proposed a resolution which has been referred to a Committee of which they are not a member may speak to the resolution but not vote 15. Accounts and Financial Statement a) All accounts for payments, except as provided in 15(b), shall be laid before the Council b) Where it is necessary to make a payment before it is ratified by the Council, its urgency and correctness shall be ratified by the Clerk/RFO and authorised by the Proper Officer with the authorisation of the Chair or Vice Chair and presented for formal approval at the next Council Meeting. c) A statement of receipts and payments for the complete financial year shall be presented by the Clerk as soon as possible after March 31 st. A Financial Statement in the format designated by the external auditors shall be presented by May 31 st and a full Statement of accounts shall be presented for formal approval, prior to external audit, at the Council meeting prior to the date requested by the external auditor. d) The Council shall approve written estimates for the coming year at its meeting in December e) A Committee wishing to incur expenditure shall give the Clerk an estimate of the expenditure recommended no later than the end of October. 16. Interests a) If a member has a personal interest as defined by the Code of Conduct adopted by the Council on 22 nd May 2002 then they shall declare such an interest as soon as it becomes apparent, disclosing the existence and nature of that interest as required. If a member has declared a personal interest then Issue 01 Reviewed 04/2009 9 of 13

considers the interest prejudicial they must withdraw from the room during consideration of the item to which the interest relates. b) The Clerk may be required to compile and hold a register of members interests in accordance with the agreement reached with the Monitoring Officer of the responsible Authority or as required by Statute. c) If a candidate for any appointment under the Council is to their knowledge related in any way to a member of the Council, they and the person to whom they are related shall notify the Clerk in writing. Failure to do so will result in disqualification of, if appointed, dismissal. d) Canvassing of any members of the Council or Committees shall disqualify a candidate e) Members of the Council or Committees shall not solicit or recommend a person for appointment, but may give a written testimonial of ability, experience or character for submission to the Council with an application for appointment. f) The above Standing Orders 16(c) 16(e) shall be made known to all candidates and additionally shall apply to all tenders as if a person making the tender were a candidate for appointment. 17. Inspection of Documents a) The Council shall have a Public Scheme approved by the Information Commissioner (England) which shall detail the items available for public inspection b) A member as part of their duty (but not otherwise) may inspect any document in possession of the Council and be supplied with a copy if available on request. All minutes of the Council and Committees shall be open for inspection by members at any time. 18. Unauthorised Activities a) No member of the Council or a Committee shall, in the name of or on behalf of the Council:- i) inspect any land or premises which the Council has a right or duty to inspect; ii) issue orders instructions or directions unless authorised to do so by the Council or relevant Committee. 19. Admissions of Public and Press to Meetings a) The public and press shall be admitted to all meetings of the Council and Committees, but may be temporarily excluded by means of the following resolution: That in the view of the special / confidential nature of the business about to be transacted, it is advisable in the public interest that the press and public be temporarily excluded and they are instructed to withdraw The Council or Committee shall state the reason for the exclusion. b) At all meetings of the Council the Chair may at their discretion and at a convenient time in the business, adjourn the meeting so as to allow members of the public to address the meeting in relation to the business to be transacted at that meeting. Issue 01 Reviewed 04/2009 10 of 13

c) If a member of the public interrupts the meeting the Chair may, after warning, order that they be removed from the meeting and may adjourn the meeting for such a period as necessary to restore order. d) The Clerk shall afford reasonable facilities to the press to take their report. No audio or visual recordings shall be permitted without prior approval of the Council. e) No member of the Council or a Committee shall disclose any business declared to be confidential by the Council or Committee to anyone who is not a member of the Council. Any member in breach of this order shall be removed from any Committee or Sub-Committee. 20. Liaison with County and District Councillors a) District and County Councillors for the Ward shall be sent a summons and agenda for each meeting, together with an invitation to attend. As the Council directs, copies of letters to District and County Council shall be sent to the appropriate Councillors. 21. Planning Applications a) The Clerk shall notify the receipt of each application to the Chair or nominated member of the planning Committee within 48 hours of its receipt and endeavour to pass the appropriate documentation to them within that time. b) The Clerk or Chair or nominated member shall, as soon as an application is received, enter in a book: i) date of receipt ii) applicant s name iii) place to which it relates 22. Financial Matters a) The Council shall consider and approve Financial Regulations drawn up by the Responsible Financial Officer and shall review them at least bi-annually. Such Regulations shall include: i) accounting records and systems of internal; control ii) assessment and management of risks iii) the work of the internal auditor and requirement for a regular report iv) the financial reporting requirements of members and local electors v) procurement policies including the setting of values for different procedures where an item has a value of less than *** 23. Tenders a) Contracts over an estimated value of *** shall be offered for tender and reference must be made to standing order 16 (f) b) A specification of goods, materials and executions of the works shall be drawn up c) Tenders are to be sent, in a sealed, marked envelope, to the Clerk by a stated time and date d) Tenders shall be opened, after the stated time and date, by the Clerk and at least one other member of the Council and assessed and reported to the appropriate meeting of the Council or Committee Issue 01 Reviewed 04/2009 11 of 13

e) The Council is not bound to accept the lowest quote but act on the principle of Best Value 24. Code of Conduct on Complaints a) The Council shall deal with complaints of maladministration allegedly committed by the Council or its Officers or members in the manner adopted by the Council except for those matters which should be properly directed to the Standards Board (England) for consideration 25. Variation, Revocation or Suspension of Standing Orders a) Any or every part of the Standing Orders except those printed in bold type may be suspended by resolution to any specific item of business. A resolution permanently to add, vary or revoke a standing Order shall, when proposed and seconded, stand adjourned without discussion to the next ordinary meeting of the Council. 26. Standing Orders to be given to Members a) A copy of these Standing Orders shall be given to members by the Clerk upon delivery of the member s acceptance of office and written undertaking to abide by the Code of Conduct adopted by the Council. Issue 01 Reviewed 04/2009 12 of 13

Complaints Procedure. (see Standing Order 24) Reviewed and reworded 06/09 Introduction This document procedure is to be used for a complaint regarding the administration of the Council or about its procedures. Where the complaint made is regarding a Councillor, the complainant is to be advised to contact the Standards Board or the Monitoring Officer at Amber Valley Borough Council for further advice. Where a complaint is received by the Council regarding the Clerk, the complaint shall be dealt with as an employment matter. Prior to the meeting to consider the complaint. 1. The complainant should be requested to detail the complaint about the council s procedures or administration in writing to the Clerk. 2. If the complaint does not wish to put the complaint to the Clerk, they may put it to the Chairperson of the Council 3. The Council Clerk shall acknowledge the receipt of the complaint and to advise the complainant of the date when the matter will be considered by the Council and provide the complainant with a copy of the Complaints Procedure. 4. The complainant shall be invited to attend the relevant meeting. They may be accompanied by a representative, as they wish. 5. Complaints are dealt with at the earliest full Council meeting (see 6). The Council shall consider whether the circumstances of the meeting warrant the exclusion of the public and press. 6. Seven clear working days prior to the meeting, the complainant shall provide the Council with copies of any documentation or other evidence, which they wish to refer to at the meeting and the Council shall similarly provide the complainant with copies of any documentation upon which they wish to rely at the meeting 7. Any decision on a complaint shall be announced at the next full Council Meeting in public. At the meeting 8. The Chair shall introduce all parties 9. The Chair is to explain the procedure to be followed at the meeting and afterwards 10. Complainant (or their representative) is to outline the grounds for the complaint. 11. The Council Members may ask any question of the complainant. 12. If relevant, the Clerk is to explain the Council s position 13. If relevant, the Council Members may ask any questions of the Clerk. 14. If relevant, the Clerk is to be offered the opportunity of last word and then the complainant is to be given the chance for a last word. 15. If relevant, the Clerk and complainant are asked to leave the room. 16. If relevant, the Clerk and complainant shall be asked to return to hear the decision of the meeting or to be advised when the Council decision will be made. After the meeting 17. The decision is to be confirmed in writing, within seven working days, and is to include details of any actions to be taken. Issue 01 Reviewed 04/2009 13 of 13