Elected Members

From GPG

It is the role of elected members (councillors) to decide policy and determine the overall budget of an authority. The actions of members are covered both by the National Code of Local Government Conduct and local codes. Local codes vary from authority to authority but typically cover the behaviour expected of members in relation to officers and the public. A prime consideration is that members' actions should not give rise to doubt in the mind of the public.

The role of members in the day to day running of local authorities varies from authority to authority. You should be aware of the codes of conduct that cover your own actions (national, local and professional), and also the codes of conduct that cover the conduct of members since these often contain additional material about the relationship between members and officers. Typical codes of conduct for members give advice on the impropriety of directly instructing an officer on any matter under the jurisdiction of the council; becoming involved in the management, direction, control or discipline of staff members other than in the appeal stage; and approaching junior staff other than through the chief officer or in accordance with previously agreed protocol.

Relationship between officers and members

The usual distinction made between officers and elected members (councillors) is that officers advise members whilst members decide policy. 'Officers propose, members dispose.' Authorities vary as to the role that elected members take. In some authorities elected members are involved in the day to day running of the authority, in others members are quite distant. An individual member may have a particular interest that means that he/she wishes to become directly involved with a particular area of work.

For the smooth and effective running of a rights of way service it is essential that clear policies are laid down to guide officers in their work and that clear and effective schemes of reference and delegation are in place. These should set out not only which matters can be delegated to officers but also which body or individual is responsible for specific areas of decision-making. Once the authority adopts a proper, considered and agreed scheme of reference and delegation, officers and members must seek to abide by it. There are national and local codes of conduct that specifically cover relationships between officers and members. Officers should be familiar with the content of all the relevant codes. The guiding principle is that the actions of officers and members should not give rise to doubt in the mind of the public.

The present national code of conduct for members is supplementary to the statutory provisions on pecuniary (money) interests set out in the Local Government Act 1972. Although the code has no statutory force of its own, the Local Government and Housing Act 1989 requires that all councillors, on accepting office, sign a declaration that they will be bound by it. Breaches of the national code by members may be held by the Local Government Ombudsman to constitute maladministration by the authority. As part of its push to modernise local government, the Government envisages the introduction, within a Local Government Bill, of legislation that will require all authorities to adopt a prescribed national code of conduct. Observance would be enforced via a standards committee that would itself be regulated by an Independent Standards Board.

The current National Code for Local Government Conduct clearly states:

• Both councillors and officers are servants of the public and are indispensable to one another but their responsibilities are distinct.
• Councillors are responsible to the electorate and serve only so long as their term of office lasts.
• Officers are responsible to the council. Their job is to give advice to councillors and the council, and to carry out the council's work under the direction and control of the council, its committees and sub-committees.

Mutual respect between councillors and officers is essential to good local government. Close personal familiarity between individual councillors and officers can damage this relationship and prove embarrassing to other councillors and officers. Many local authorities now have their own codes of conduct for officers. Usually these will be found or referred to in your contract of employment, staff handbook or job handbook. Breaches of these codes are likely to give rise to disciplinary action and may, in extreme cases, result in dismissal for gross misconduct. The Local Government Bill also includes proposals for statutory codes of conduct for officers - to be included in their terms of employment. In rights of way work accusations may be made that a particular member is involving himself or herself in the detail of a matter more properly left to officers because he/she seeks to secure advantage for him/herself or others.

An obvious area of difficulty is the instance where a member owns land affected by a right of way. It is clearly appropriate for the authority to lay down guidance for its officers in dealing with land owned by its own members and officers. It is also good practice to extend such guidance to include land in the ownership of officers and members of other local authorities and other public bodies such as a national park authority. Such guidance should be set out and agreed in advance of any instance arising. An analogy may be made here with the guidance laid down for officers and members who seek planning permission from their own authority.

Officers must also be aware that it is proper for individual members to raise concerns brought to their attention by their constituents. Authorities must lay down procedures by which members can seek information about a particular matter and be briefed appropriately. Members may seek to have a matter excluded from agreed policy or practice and, whilst this is not the norm, on occasion it may be appropriate for such an exclusion to be made. A clear procedure must be set out to deal with such instances and must involve senior management. It is always inappropriate for exemptions to policy and normal practice to be made by junior officers without reference to senior colleagues.

Well-defined rules apply concerning officers briefing political groups. It is usually the practice that any briefing is given to all political groups. This issue may be particularly sensitive in the run-up to elections; it is usual for specific guidance to be issued to officers prior to an election. Some management posts are defined as being politically sensitive and post-holders may be subject to certain restrictions. Officers faced with an inappropriate request by a member must be able to refer the matter to senior colleagues. Advice on specific matters may also be sought from the Institute of Public Rights of Way Management and from Unison.

Good Practice

Examples of good practice involving members in rights of way work can be found in several authorities. Many authorities have Rights of Way Committees who work to deliver the Council's statutory functions relating to the mapping, protection, improvement and variation of the public rights of way network and unsurfaced roads.

Devon County Council Rights of Way Committee consists of seven elected members. Agendas and minutes of their meetings are all made available on the authority's website.

Involving elected members in the ROWIP process can be particularly valuable. ROWIPs enable rights of way staff to integrate their work with that of other departments. Links can be made with officers working in health, education, sustainable travel, greenspace, cycling or tourism officers. These links give the ROWIP the potential to be of great interest to elected members working to deliver a broad range of services to the public. Ensuring they are aware of the plan and its function may result in greater political support, and allocation of resources.