1. New Members May 2015

2. Congratulations! Introductions A bit of background What’s your job going to be? What does UDC do? How the Council works Types of meeting Allowances Tour of building What next?

3. A word about Uttlesford Half the area of London, 80,000 population (all fit in Wembley stadium with room to spare) 3500 listed buildings 35 conservation areas 2 country parks, ancient woodland International airport M11/A120. Railways. Marina Negligible unemployment Prosperous, healthy, well-educated 17,900 commute out, 17,600 in and 13,000 live and work here Always in top 10 places to live in UK Lowest Council Tax in Essex

4. A word about the Council This is a small, welcoming Council Not lavish – no restaurant/canteen, no gym, no crèche nor bar for staff or members. Members’ room. Opposition room. Vending machines or bring your own. Only Council where NHB exceeds central funding We are well managed but do not have bottomless pockets The economic future for local government and the rest of the unprotected public sector is harsh A “low risk” Council

5. The “job description” To participate constructively in the good governance of the District To contribute actively to the formation and scrutiny of the authority’s policies, budget, strategies and service delivery To represent effectively the interests of the Ward for which you were elected, and deal with constituents’ enquiries and representations To champion the improvement of the quality of life of the community in terms of equity, economy and environment To represent the council effectively, when appointed to an outside body, such as a charitable trust or association, etc. To act at all times with probity and propriety in the best interest of the Council

6. What is expected of a councillor? Politeness and listening skills Good communication and interpersonal skills, Ability to relate and deal with the public in a professional and timely manner, Ability to work effectively with Council officers and outside organisations, Community leadership skills Time commitment Being a councillor is not just about attending meetings Frequent and/or prolonged speaking at council meetings is not necessarily a measure of effectiveness

7. So - what will take up your time if its not all about meetings? Explaining what the Council doesn’t do Parish Councils Escalated neighbour disputes and small planning issues Enforcement complaints Tenancy Benefits entitlement/CT issues Poo, bins and street cleaning Almost anything

8. Allowances Basic allowance paid in 12 monthly instalments, currently £5,000 pa Portfolio holders and group leaders receive additional special responsibility allowances. Also entitled to claim mileage for travel to and from meetings where you are a member of the committee or for Member Briefings and full Council @ 45p per mile Each Member has £3,000 to spend in his/her ward per year – terms and conditions apply

9. What does the Council do?

10. Some things the Council doesn’t do (but people think we do) Education – ECC/academies/free schools/private schools Social services - ECC Trading standards - ECC Public transport – ECC, rail and bus co.s Highway design and maintenance - ECC Waste disposal - ECC Minerals and waste planning - ECC Water supply/sewerage – various companies Doctors’ surgeries/health centres – CCG/NHS We run no parks, sports fields or major public open spaces

11. Examples of our partners… Essex CC – HR Braintree – energy management, asset management Harlow – building control Epping Forest – insurance London Stansted Cambridge Consortium North Essex Parking Partnership

12. How the Council Works Cabinet Scrutiny Committee Scrutiny Committee Standards Committee Standards Committee Planning Committee Planning Committee Audit Committee Audit Committee Licensing Committee Licensing Committee Working Groups Working Groups Council

13. Types of meeting Full Council Cabinet Regulatory Committees Scrutiny and Audit Committees Working Groups Task Groups Outside bodies Ad-hoc meetings e.g. Locality Board The Planning Committee is not independent of the Council

14. Corporate Planning Plans & Strategies Corporate Plan, Budget and MTFS Corporate Plan, Budget and MTFS Directorate & Service Plans Actions and Projects Directorate & Service Plans Actions and Projects Performance Reviews Individual Actions Performance Reviews Individual Actions Scrutiny Stakeholder and Community Consultation Cabinet/Council Outcome & Service Delivery

15. Michael Perry Assistant Chief Executive Legal & Monitoring T: 01799 510416 mperry@uttlesford.gov.uk Michael Perry Assistant Chief Executive Legal & Monitoring T: 01799 510416 mperry@uttlesford.gov.uk Nicola Wittman Assistant Director ICT & Facilities T: 01799 510413 nwittman@uttlesford.gov.uk Nicola Wittman Assistant Director ICT & Facilities T: 01799 510413 nwittman@uttlesford.gov.uk Roger Harborough Director of Public Services T: 01799 510457 rharborough@uttlesford.gov.uk Roger Harborough Director of Public Services T: 01799 510457 rharborough@uttlesford.gov.uk Adrian Webb Director of Finance & Corporate Services T: 01799 51042 1 awebb@uttlesford.gov.uk Adrian Webb Director of Finance & Corporate Services T: 01799 51042 1 awebb@uttlesford.gov.uk John Mitchell Chief Executive T: 01799 510400 jmitchell@uttlesford.gov.uk John Mitchell Chief Executive T: 01799 510400 jmitchell@uttlesford.gov.uk Angela Knight Assistant Director Finance T: 01799 510446 aknight@uttlesford.gov.uk Angela Knight Assistant Director Finance T: 01799 510446 aknight@uttlesford.gov.uk Andrew Taylor Assistant Director Planning & Building Control T: 01799 510601 ataylor@uttlesford.gov.uk Andrew Taylor Assistant Director Planning & Building Control T: 01799 510601 ataylor@uttlesford.gov.uk Waste collection, street cleaning, grounds maintenance, highways rangers Waste collection, street cleaning, grounds maintenance, highways rangers ICT, facilities, non- housing assets, print room, GIS, corporate team ICT, facilities, non- housing assets, print room, GIS, corporate team Accountancy, exchequer, procurement, council tax, business rates, housing benefits Planning & housing policy, development management, building control, conservation, parking, economic development (*) Not a member of CMT Roz Millership Assistant Director Housing and Environment T: 01799 510616 rmillership@uttlesford.gov.uk Roz Millership Assistant Director Housing and Environment T: 01799 510616 rmillership@uttlesford.gov.uk Customer services, communications, website, HR, scrutiny, performance, museum Housing needs and landlord services, day centres, estate management, environmental health, health and safety Cat Chapman Operations Manager Street Services (*) T: 01799 510557 cchapman@uttlesford.gov.uk Cat Chapman Operations Manager Street Services (*) T: 01799 510557 cchapman@uttlesford.gov.uk Richard Auty Assistant Director Corporate Services T: 01799 510500 rauty@uttlesford.gov.uk Richard Auty Assistant Director Corporate Services T: 01799 510500 rauty@uttlesford.gov.uk Meet the Team

16. Staff 345 employees, approximately 307 fte’s, vast majority are Uttlesford residents Small Council, we punch above our weight, lean and effective, have always needed partners Management team of 9 Unusually, housing, grounds maintenance, office cleaning and waste collection remain in-house 3 depots: Dunmow, Shire Hill, Newport Outsourcing/partnerships have been discouraged politically Near bottom of lowest quartile for pay No perks Living Wage Employer

17. Our immediate challenges… Our own governance Forecast severe government spending cuts (we have a plan) Devolution and the implications for UDC autonomy Staff recruitment and retention Stansted Airport expansion Homelessness and housing Getting planning into perspective Public health / wellbeing

18. Tips Never lose sight of the Council’s finances Be mindful of the law and the code of conduct You have many customers, not just our residents The quality of service is what matters, not who delivers it

19. Democratic Services

20. Democratic Services (1) Who we are –Peter Snow - Democratic and Electoral Services Manager psnow@uttlesford.gov.uk 01799 510430psnow@uttlesford.gov.uk –Rebecca Dobson – Principal Democratic Services Officer rdobson@uttlesford.gov.uk 01799 510433rdobson@uttlesford.gov.uk –Maggie Cox – Democratic Services Officer mcox@uttlesford.gov.uk 01799 510369 mcox@uttlesford.gov.uk –Adam Rees – Democratic and Electoral Services Officer arees@uttlesford.gov.uk 01799 510548arees@uttlesford.gov.uk –Group email: committee@uttlesford.gov.ukcommittee@uttlesford.gov.uk

21. Democratic Services (2) What we do: Ensure compliance of public meetings with law and the constitution Co-ordinate the meetings, and the associated agendas, reports and minutes for Council, Cabinet, Committees, Working and Task Groups Member induction training Provide information for members

22. Democratic Services (3) What else do we do? Publish required items such as –All meetings documents –Advance notices of key decisions, part 2 (exempt from publication items), urgent items –Notices of decisions taken (which starts the timescale for a potential call in of a decision) –Notices of executive decisions taken

23. Democratic Services (4) We look after CMIS - where you access meetings documents We maintain and publish: –Members’ attendance records –Members’ declarations of registrable interests, gifts and hospitality –Members’ bulletin

24. Democratic Services (5) Members’ allowances scheme We receive and authorise members’ claims for travel/subsistence in pursuance of authorised duties as set out in the members’ allowances scheme in Part 6 of the Constitution Send your form (monthly please) to committee@uttlesford.gov.uk with original receipts and VAT receipts (for fuel where mileage is being claimed) committee@uttlesford.gov.uk Claims for expenses must be received by the end of the month after which they were incurred, otherwise they will not be paid Certain approved duties require advance written agreement of Leader or Group Leader

25. Democratic Services (6) Contact for Members in relation to: –Giving apologies prior to any meetings which you would be expected to attend –Help with CMIS eg problems accessing agendas and reports –Car parking badges for display when parking at the Council’s London Road offices in case you are blocked in or have to double park (the number on your car park badge is ext 430)

26. Political Balance (1) Membership of committees is determined by the political balance calculation Legislation provides committee membership is in direct proportion to the composition of political groups on the Council Political groups do not exist until written notice is received from each party having elected members

27. Political Balance (2) Political groups must consist of at least two members (so the single independent member will be excluded from committee membership unless he becomes part of a group or a seat is given up by one of the groups) Size of committees is presently uncertain – subject to discussion between now and the Annual Meeting

28. Political Balance (3) Nominations will be invited from groups once they have been formed and once the size of committees has been decided All appointments (including some working groups) will then be made at Annual Council Majority of appointments to working groups falls to Cabinet – will be made at first Cabinet meeting

29. Structure of Local Government

30. What is Local Government? It is local and it is government One size does not fit all: there are several forms depending on local circumstances Structure is important but communities will always come together to govern themselves But it must operate within the law of the land: we are not a Republic

31. Types of Council 34 County Councils 55 Unitary authorities 1 Corporation of the City of London 1 Council of the Isles of Scilly 1 Greater London Authority 32 London Boroughs 26 metropolitan boroughs 201 non-metropolitan districts 9,000 local councils (town and parish)

32. General Principles Many parts of England have 2 tiers of local government: county councils district, borough or city councils In some parts of the country, there’s just 1 (unitary) tier of local government providing all the local services. The 3 main types are: unitary authorities in shire areas London boroughs metropolitan boroughs

33. County Councils Education – huge area of work Social care – huge area of work Transport – highways, buses Economic Strategy Libraries Waste management – disposal rather than collection Trading standards Minerals and Waste Planning Fire and public safety

34. District Borough and City Councils Smaller area than county councils. City and Boroughs elect a Mayor as civic head Districts elect a Chairman as civic head Functions set out in previous presentation Some District Councils share management teams

35. What does the Council do?

36. Parish and Town Councils Support and encouragement of arts and crafts Provision of village halls Provisions and maintenance of recreation grounds, parks, children's play areas, playing fields and swimming baths Provision and maintenance of cemeteries and crematoria Maintenance of closed churchyards Cleaning and drainage of ponds, watercourses and ditches Control of litter Provision and maintenance of public toilets Creation and maintenance of footpaths and bridleways Provision of cycle and motorcycle parking Acquisition and maintenance of rights of way Provision and maintenance of public clocks Maintenance of War memorials Encouragement of tourism Bus shelters Signposting of footpaths Lighting of footpaths Off-street car parks Provision, maintenance and protection of roadside verges

37. Representative and Miscellaneous powers of local councils Parish councils must be notified by the district or county council of: All planning applications in their areas Intention to provide a burial ground in the parish Proposals to carry out sewerage works Footpath and bridleway (more generally, 'rights of way') surveys Intention to make byelaws in relation to hackney carriages, music and dancing, promenades, sea shore and street naming In some cases parish councils possess the following powers: Creation of a neighbourhood plan Guardianship of common land Withholding of consent to stop up unclassified highways and footpaths Consultation on appointment of governors of primary schools Appointing trustees of local charities

38. Essex – not a consistent picture 12 Districts of which: 1 city - Chelmsford 3 boroughs – Basildon, Colchester, Brentwood 8 districts – Tendring, Braintree, Uttlesford, Harlow, Epping Forest, Rochford, Castle Point, Maldon Two unitaries – Thurrock and Southend- on-Sea

39. Police & Community Safety Police and Crime Commissioner – elected. Replaced Police Authority UDC represented on Police and Crime Panel Each District has a community safety partnership – Fire, Police, Probation, Neighbourhood Watch, Health

40. Other bodies South East Local Enterprise Partnership Greater Cambridge and Peterborough LEP West Essex Alliance Health and Wellbeing Board Highways Panel Locality Board

41. UDC Decision Making COUNCIL: constitution, budget, appointing the leader, chairman and vice-chairman; TORs and membership of committees, Local Plan, bylaws, appointment of Senior Officers LEADER: appoints the executive and decides portfolios and delegation. Decisions are made at Cabinet.

42. 2 regulatory committees – Planning and Licensing & Environmental Health Planning Committee exists to implement the Councils Planning Policies through determining certain planning applications, monitoring s106 progress and appeal decisions. It is not independent of the Council L & EH mainly taxi and premises licensing and enforcement but several other licensing and regulation regimes Standards Committee promotes high standards and implements observation of the Code of Conduct

43. 2 Overview and Scrutiny Committees Performance and Audit monitors performance, risk, accounts, internal and external audit Scrutiny Committee can review any decision or action taken in the discharge of council functions. Call in powers. Pre-scrutiny. Can be a very strong committee Members of the Executive are disqualified from being members of either committee but may attend Chairmen report to Cabinet Various Working and Task Groups

44. Next steps More detailed briefing on 21 st 6.00pm pre-council briefing on 26 th May on how the meeting will work, and how the microphones operate + team photo Tour of district, our depots and airport TBA Further detailed training

45. Standards and The Code of Conduct

46. Topics for Today Background Code of Conduct Members’ interests Register of interests Dispensations Procedure for dealing with complaints Sanctions

49. The Nolan Committee “We cannot say conclusively that standards of behaviour in public life have declined. We can say that conduct in public life is more rigorously scrutinised than it was in the past, that the standards which the public demands remain high, and that the great majority of people in public life meet those high standards. But there are weaknesses in the procedures for maintaining and enforcing those standards. As a result people in public life are not always as clear as they should be about where the boundaries of acceptable conduct lie. This we regard as the principal reason for public disquiet.”

50. Local Government Act 2000 Standards Board for England Ethical Standards Officers Mandatory Code of Conduct Standards Committees Sanctions Adjudication Panel/First Tier Tribunal

51. Localism Act 2011 Abolished previous regime Duty to promote and maintain high standards of conduct Duty to adopt a Code of Conduct Must ensure that the Code:- –is consistent with s.28 principles –includes provision for the registration and declaration of interests

52. Code of Conduct ACSeS/LGA/PLP/UDC Parishes may adopt code of their district or their own Code If NOT adopting code of their district must demonstrate that the Code complies with the s.28 principles

53. When does the Code apply? When conducting the business of the Council When acting as a councillor When acting, claiming to act or giving the impression of acting as a representative of the Council

54. General Obligations To treat others with respect To observe the Council’s protocols and codes of practice Not cause the authority to breach its obligations under equalities legislation Not to bully anyone Not to seek to intimidate persons involved in investigating alleged breaches of the Code

55. General Obligations cont. Not to do anything which would be likely to compromise the impartiality of staff Not to disclose confidential information unless: –you have consent –you are required by law to do so –to obtain professional advice –it is in the public interest

56. General Obligations cont. Not to prevent anyone accessing information they are entitled to by law Not to conduct yourself in such a way as to bring the Council or your office as Councillor into disrepute Not to try to use your position as a Councillor improperly to try and secure a benefit or disadvantage for anyone including yourself

57. General Obligations cont. When using the Council’s resources:- –act in accordance with the Council’s requirements –not use resources improperly for political purposes –have regard to the Local Authority Code of publicity

58. Members’ Interests Must be dealt with by the Code Disclosable pecuniary interests Pecuniary interests Interests other than pecuniary interests (non-pecuniary)

59. Disclosable Pecuniary Interests Employment, office, trade profession or vacation Sponsorship Contracts Land Licences Corporate tenancies Securities

60. Other Pecuniary Interest Name of your employer or someone who has appointed you to an office Decision affects the financial position of you or a related person more than other people living or having a business in the ward or parish

61. Interests “other than pecuniary” Outside bodies where you are the council’s representative Membership of:- –public bodies –charitable bodies –bodies with the object of influencing public opinion

62. Interests “other than pecuniary” cont. Decision affects the wellbeing of you or a related person more than other people living or having a business in the ward or parish

63. Members’ Interests cont. Disclosable pecuniary interests include those of your spouse/civil partner or co- habitee Must be registered within 28 days of election or appointment or within 28 days of declaration of the same Failure to do so an offence No obligation to update (but see the Code of Conduct)

64. DPIs and Participation Members with DPIs may not speak or vote without a dispensation Council may by standing order require members with DPIs to withdraw No statutory requirement to declare DPIs on the register but is contained in UDC’s Code of Conduct

65. Other Interests and Participation Must declare existence and nature of interest If pecuniary interest “public perception test” – if judgement likely to be affected may make representations then withdraw Otherwise pecuniary and non-pecuniary interests may take part and vote

66. Members’ Interests cont. Sensitive interests Disclosure could lead to a member or a person associated with a member being subject to violence or intimidation With approval of the Monitoring Officer may omit details from the register Register may state member has an interest details of which are not given because of the exemption Nature of interest need not be disclosed at meetings

67. Register of Interests Held by the Monitoring Officer under s.29(4) Must be available at UDC for inspection Must be on UDC’s website PCs must publish on their websites (if any)

68. Dispensations Can be given by the council on written request to the proper officer Power to grant can be delegated Grounds for grant:- –Transaction of business impeded –Political balance disturbed –In the interests of local residents –All executive members conflicted out –“otherwise appropriate” Time limited – max 4 years

69. The Role of the Independent Person DC must have arrangements which include an independent person IPs Need not be a member of the Standards Committee but in Uttlesford are non-voting members

70. Independent Being Independent; ‘Not depending on authority’ ‘Not depending on something else for its validity’ ‘Not depending on others for one’s opinion or conduct’ ‘A person who acts independently of any party’ Taken from the Oxford Dictionary

71. Who are we? Georgina J Butcher Catherine Wellingbrook-Doswell David Pearl

72. What do we do? We operate in the following areas; Consider complaints with Assistant Chief Executive - Legal and Monitoring Officer Uttlesford District Council Give views to a Complaint Hearing Panel Give views to a Councillor under investigation Advise on code of conduct Attend Standards Committee

73. Code of Conduct Challenges Working with Councillors Encouraging the right balance of the Uttlesford District Council Code of Conduct Considering the public viewpoint Encouraging clarity and consistency in the interpretation of the Code Staying Independent

74. Procedure for dealing with complaints Complaints must be made in writing Requests for anonymity Will be considered by the Monitoring Officer and an independent person If agreement that matter should not be investigated matter closed If MO considers investigation appropriate will be investigated If MO considers investigation inappropriate but IP disagrees either investigation or referral to the Standards Committee to determine No appeal against decision not to investigate

75. Procedure for dealing with complaints cont. Investigator determines how the investigation will be carried out Prepares a report containing findings of fact and statement as to whether the investigator considers the facts as found amount to a breach of the Code If finding of no breach report is circulated to all members of the Standards Committee and if not called in decision stands If finding of breach hearing before a Standards Committee including an independent person to decide whether there has been a breach and sanction if appropriate

76. Sanctions Range of sanctions limited To find that no further action is required. To censure the member To recommend that access to council premises or the use of council resources be restricted To recommend that the member makes a written apology in a form acceptable to the Standards Committee.

77. Sanctions cont. To recommend that the member undertakes specified training. To recommend that the member undertakes specified conciliation or mediation. To recommend that the member be removed from a committee or committees of the Council

78. Sanctions cont. To recommend that the member be removed from an outside body or bodies to which the member has been appointed by the Council To recommend that the member be removed from the Cabinet (this can only be done by the Leader of the Council) To require the decision of the Standards Committee to be published.