Protocol on Member-Officer Relations
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National Model Code Awaited
Scope of the Convention
1. This convention deals with the working relationships
between the political groups on the Council and Officers of the
Council. The convention has been agreed by the Council to ensure
the smooth running of the Council's processes.
Titles
2. (i) "Group" refers to the Conservative, Labour, Liberal
Democrat, Ashford Independent and Independent Groups notified to
the Proper Officer under Section 15 of the Local Government and
Housing Act 1989 and “Group Leaders” refers to the Leader of each
of those Groups.
(ii) "Chairmen" are the Members appointed
as Chairman and Vice Chairman by the Council.
(iii) "Committee" includes
Sub-Committees.
Briefings
3. (i) This convention is based on the principle that
Officers' duty is to all Members of the Council as a single
corporate body. Officers have therefore to provide information,
offer advice and give assistance in the formulation of policy
proposals impartially to all political groups who wish such
information, advice and assistance. In relation to the formulation
of policy and strategy proposals neither Members nor Officers
should assume the participants in any such discussion are
supportive of the proposals merely because they have participated
or assisted in their formulation. Officers also have to recognise
the position of Chairmen and the need to work with them to
facilitate the discharge of the Council's functions and the
delivery of services.
(ii) The Executive comprises the Leader
and other number of Members elected by the Council as such,
annually one of whom is elected as the Deputy Leader of the
Council.
(iii) Briefings of Members by Officers
occur both within the Committee process, and outside it.
Formal - Within the Executive and
Overview and Scrutiny Framework
(a) Prior to the despatch of each
Executive agenda, the Leader will be briefed by relevant Officers
and the Proper Officer. The content of the agenda will be
discussed at that meeting and, subject to the right under the
Council’s Constitution of:
(i) any Overview
and Scrutiny Committee, or the Council, to refer items back to the
Executive for reconsideration in
accordance with the provisions of the
Overview and Scrutiny Procedure Rules or the Budget and Policy
Framework
Procedure Rules
(ii) any
Overview and Scrutiny Committee to submit reports to the Executive
for consideration
(iii) the Leader
or any Members of the Executive to include items
(iv) any Member
of the Council to request the Leader to include an item which s/he
has previously agreed
(v) the
Monitoring Officer or the Chief Financial Officer having required
the Proper Officer to include an item on the
agenda,
it will, so far as
possible, be agreed with the Chairman.
(b) Prior to the despatch of each
Overview and Scrutiny Committee agenda the Chairman and Vice
Chairman of that Committee will be briefed by the Senior Scrutiny
Officer and if appropriate the Proper Officer. The content of
the agenda will be discussed at that meeting and, subject to the
right under the Council’s Constitution of:
(i) any Member
of an Overview and Scrutiny Committee or Sub-Committee to include
an item
(ii) any Member
of the Council who are not Members of that Overview and Scrutiny
Committee to include an item
(iii) the
Executive and the Council to request the Overview and Scrutiny
Committee to respond to requests, as soon
as its work programme allows
it will, so far as is
possible, be agreed with the Chairman and Vice Chairman.
(c) The Chairman of Regulatory
Committees’ will not normally be briefed upon items proposed to be
included upon the agenda for such meeting in view of the quasi
judicial nature of the items concerned.
(d) Any proposal by an
Officer to include an urgent item on an agenda shall be the
subject of consultation with the Leader of the Council in the case
of Executive functions and the Mayor for meetings of the Council or
Chairman of the Committee concerned through the Proper Officer.
Informal Briefings Outside the
Committee Framework
(i) There will be issues upon which
additional briefings will need to be arranged. Any briefing offered
to or requested by a party group will be offered to the other party
groups. Where possible such briefings should be to all or a
combination of party groups.
(ii) The Leader of a Group may ask the
Chief Executive or relevant Officer to give or arrange
a private and confidential briefing for the Group on any matter of
relevance to the Council.
(iii) Such briefings are seen as an
opportunity for Members to brief Officers on policy issues and to
give an indication of support or opposition to a proposal. When
briefings are held with one or two party groups only, Officers will
maintain strict confidentiality in respect of comments made by
Members during those briefing meetings and will not divulge them to
other party groups.
Members Rights of Access to Documents
Need to Know
4. (i) Members have a right to see (and be given a copy) of such
documents as are reasonably necessary to enable them to carry out
their duties as Councillors on a ‘need to know’ basis, so long as
they have no improper nor extraneous purpose in view. This includes
all documents available to the public as 'background documents'
(ii) It is ultimately for the Council to
determine what is reasonably necessary for a Member to know but
normally Officers will make the judgement, in
consultation with the Monitoring Officer.
(iii) This will be generously interpreted
as applying to all documents to which there is no 'confidential’
connotation, subject only to the Officers retaining a
discretion to decline to make available voluminous documentation or
diffuse information, or copies of documents, where the cost of
doing so is unreasonably high.
(iv) Documents which are regarded as
'confidential' will normally be made available, on a confidential
basis, only to Members serving on the specific Committee or
Sub-Committee concerned. This is particularly so in relation
to the Appeals and Appointment Committees. Advice on requests
from other Members should be referred to the Monitoring
Officer.
(v) There is no generic definition of
'confidential' and Officers in liaison with the Monitoring Officer
will exercise their judgement. It would include, for example, most
documents relating to named individuals in receipt of Council
services and most documents relating to the terms of contracts yet
to be concluded. It is a narrower category than documents which are
exempt from disclosure to the public under the Access to
Information legislation (and different from the 'confidential'
classification under that legislation).
Confidentiality
(vi) Members shall not disclose any
documents or information made available to them on a confidential
basis. Nor should they disclose any information contained in
committee reports or background documents classified as exempt or
confidential under the Access to Information legislation or
decisions taken in Council or Committee while the public is
excluded from the meeting under that legislation, unless they have
ascertained from the relevant Officer that confidentiality no
longer applies.
Documents Affected
(vii) Members' rights of access apply to
documents sent to the Council or prepared for it by Officers or
consultants. They do not apply to:
- draft documents of a factual or research
nature where the relevant Officer is not satisfied as
to their accuracy or completeness.
- working documents discussing policy or budget
options or the internal management of a department (or departments)
where the Officer has not reached a view as to the advice to be
offered to Members.
- draft reports prior to their despatch to
Members of a Committee by the Proper Officer.
(viii) Officers may consult Chairmen on
draft committee reports as part of the agenda planning process
under the Convention and may also consult them on working documents
if they wish.
(ix) More detailed advice can be obtained
from the Monitoring Officer.
Official Communications
5. All documents giving legal effect to a decision of the
Council or its Committees and the formal notification by letter or
other means of communication of decisions made by the Council are
sealed, signed or made by Officers.
Access to Premises
6. Members are welcome to visit any premises owned and
used for delivery of services by the Council. Except when visiting
as a member of the public, they should agree arrangements for the
visit with the local manager. Members may not visit premises for
purposes unrelated to their duties as a Member of the Council. They
must comply with any health and safety or other workplace rules and
regulations and not interfere with the provision of services to the
public. Members have no rights to enter premises owned by the
Council but let to or legally occupied by other persons nor any
premises not owned by the Council..
Press Statements and Relations with the Media
7. (i) Official press statements relating to the functions and
business of the Council may be issued by the Head of Communications
& Policy on the authority of the Mayor on matters pertaining to
his or her office and on all other matters on the authority of the
Leader of the council in relation to Executive functions or the
Chairman of the relevant Committee in relation to matters delegated
to them by the Council.
(ii) The day to day handling of media
enquiries will initially be by the Head of Communications and
Marketing.
(iii) The Head of Communications
and Marketing may authorise the issue of a press
release relating to matters of routine and which are not
controversial.
(iv) The Leader of the Council (in
relation to Executive functions) or Chairmen of relevant Committees
(in relation to Council functions) will be consulted on draft press
statements before they are published. After publication copies will
be made available to all Members of the Council.
(v) In issuing any press release, the
Head of Communications and Marketing will have regard
to the Code of Practice on Local Authority publicity.
(vi) The Leader of the Council (in
relation to Executive functions) or Chairmen of relevant Committees
(in relation to Council functions) may represent the Council in
press, radio and television interviews; otherwise they or any other
Members of the Council may respond to requests for press, radio and
television interviews, but these will be given in a personal
capacity and on the personal responsibility of the Member
concerned.
(vii) The media will be directed to the
relevant Chairman for any request relating to policy matters.
(viii) Officers may deal with any request
for information or questions asked by the press, television or
radio and may accept invitations to broadcast or appear on
television in order to give the facts of the situation or provide
background information on the Council's policies.
Next - Part 6 - Members' Allowances Scheme
This webpage was updated on
9/29/2010