1. Roles and responsibilities working for your local council
Liz Howlett, Solicitor

2. Roles and responsibilities 2. The Law – powers and duties
Three sessions
Roles and responsibilities
Who does what?
The clerk
The councillors
The chairman
The council
How you work together
2. The Law – powers and duties
What can you do?
The council as a creature of statute
Powers
Duties
Section 137
General power of competence
Planning
3. Making decisions
How do you do it?
Meetings
Agendas
Conduct of meetings
Standing Orders
Minutes
Rights of public and press
Access to information
Defamation

3. The Clerk – the “engine” of an effective parish council
Employee
Professional
Contract of employment
Job description
Different issues depending on size of authority
Proper officer
Responsible financial officer
Derived from Latin “clericus” and meant scholar, someone who could read and write
Council manager?

4. The Role of the clerk In the job description…..
Management and organisation of the council
Ensuring decisions of council are carried out
Delegated decision making
Independent and objective
Keep council legal and up to date
Not answerable to individual councillors

5. The clerk at a glance Expert in local government procedure
Project manager
Facilities manager
People manager
Financial officer
Records manager – HMRC; FOI
Public relations
There is a lot of help out there!
Online sector specific learning tool “Introduction to Local Council Administration” from slcc

6. Role of councillors Attend meetings
Take part and engage in constructive debate
Maintain proper standards of behaviour –”public” interest not private interest
Community role – know your community, respond, champion their needs, represent the council
Seek “best value” for the precept
Managing public money (trustee)

7. The chairman Role in meetings Representative role Statutory role
Election of chairman is first business to be transacted
Responsible for ensuring clear, lawful decisions
Keep discussions moving
Sum up
Casting vote
Absence (Vice Chairman)
Public face of council
Civic functions
Quoted in media
Promote council

8. The chairman and councillors
Teamwork – no councillor, or chairman, can act alone
It is not an executive role
“A parish council shall consist of the chairman and parish councillors”
s.14(1) LGA 1972
The Chairman should ensure other councillors are being developed
A Vice Chairman? Provides cover, another viewpoint and
succession planning

9. The Council as a corporate body
Created by statute
A “legal” person
Can own land, enter contracts, be party to legal proceedings and be custodian trustee
Financial accountability
Corporate responsibility for decisions

10. How you work together Clerk and Council Clerk and Chairman
Employer/employee relationship (individual councillors are NOT the employer)
Collective responsibility for employment issues (individual councillors can breach employment law)
Council needs procedures (disciplinary, grievance).
Code of Conduct
Good working relationship is critical
Mutual trust and respect
Plan agendas together
Both must keep each other informed about actions taken
Both must remember to express views of council
Clerk in Kent awarded £ after alleging that Chairman and other councillors had harassed and intimidated her and that the Council had failed to deal with her grievance properly. Chairman was found to have created a “hostile, intimidating and offensive environment” and the council had failed to deal with a valid grievance in a timely and efficient manner.

11. Useful sources of information
NALC published in October 2013 “Local councils EXPLAINED” £49.99 (plus postage) to members. Includes updated model standing orders
The 9th edition of Charles Arnold-Baker’s “Local Council Administration” was published in June Published by LexisNexis and selling for £82 (SLCC members £60).
Society of Local Council Clerks – professional body representing clerks to over 4200 councils Clerks’ Manual (300 looseleaf, A5 pages), £ (inserts only) to members,

12. Any Questions?