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Penwortham Town Council Constitution |
........................ Penwortham Community Centre - Kingsfold Drive, Penwortham, Preston, Lancashire, PR1 9EQ - Tel: 01772 750533
........................ Penwortham Community Centre - Kingsfold Drive, Penwortham, Preston, Lancashire, PR1 9EQ - Tel: 01772 750533 |
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For more information visit Appointment of Committee
PART ONE - INTRODUCTION Summary and Contacts PART TWO - GUIDING PRINCIPLES 1.
The Corporate Plan
1. Members of the Council PART FOUR - RESPONSIBILITY FOR FUNCTIONS
1. Terms of Reference of Committees PART FIVE - PROCEDURAL REGULATIONS
1. Standing Orders PART SIX - CODES OF CONDUCT AND PROTOCOLS
1. Members' Code of Conduct
1.1 Summary and Contacts
Local authorities, in partnership with Government, business, the voluntary
sector and others, have a vital role to play in improving the quality
of citizens' lives, providing vision and leadership for their communities,
and delivering high quality services.
Equally, it requires action by every local authority, its councillors
and employees to find new ways of working which put its people and
its communities first. In all they do local authorities need to be,
and demonstrate that they are, efficient, transparent and accountable. i) it enables the council to provide clear leadership to the community in partnership with all the stakeholders. ii) it provides an important means of enabling citizens and stakeholders to understand how the council makes decisions and who is responsible for them. The constitution sets out the roles of the council and the various committees, and the functions of the officers. iii) it sets out how the public can make their voice heard and influence the decision-making process, and how they can raise issues outside formal meetings. The constitution will be publicised widely and be accessible to anyone interested in finding out how decisions are made and where the responsibility lies. iv) it should provide a structure for improving the quality of, and providing equal access to, the services offered by the council. v) it regulates the behaviour of councillors and officers through codes of conduct, financial regulations and standing orders. In summary, therefore, this constitution sets out the way in which the Town council has sought to establish transparent, accountable and efficient decision making, and its ongoing efforts to involve the residents ever-more closely in the democratic process. PART TWO - GUIDING PRINCIPLES 2.1. The Corporate Plan (Previously approved) The Draft Corporate Plan What is a corporate plan? The corporate plan should be the most important document an authority produces.
It will inform residents about the council's vision for the area and
how it proposes to achieve that vision. As a first step towards the production of a Corporate Plan for the Town, the following draft vision, values and objectives are suggested for discussion. Once the council has finalised them, widespread consultation will take place with residents, local organisations and neighbouring authorities. Draft Vision "The
Town Council will seek to provide an interactive and democratic forum
for the community through which it can improve the social, economic
and cultural well-being of the town. We will seek the provision of
high-quality, cost-effective services to meet the needs of the residents
and others, will assist and encourage other bodies to provide such
services and will promote and defend the best interests of the Town
for the benefit of all of its residents".
The council will need to consult as widely as possible on its vision,
values and objectives, and will then need to develop key actions and
indicators to put the plan into action. PART THREE - ARTICLES OF THE CONSTITUTION Article One - Members of the Council 3.1.1 Roles The Town Council is composed of 18 members elected every four years who are democratically accountable to the residents of their ward. The last elections were held in May 2003. The overriding duty of councillors is to the whole community but they have a special duty to their constituents, including those who did not vote for them. They also have a statutory duty to abide by a Code of Conduct and to ensure high standards in the way they undertake their duties, and to some extent in their private life. All councillors meet together as the council. Meetings are open to the press and public, although they may be excluded for certain items of a confidential or "exempt" nature. Here, councillors decide the council's overall policies, set the budget each year and appoints the committees. Annually the Council elects a Mayor, who acts as chairman of the council, and a deputy Mayor. 3.1.2 Rights and Duties Councillors have rights of access to such documents, information, land and buildings of the council as are necessary for the proper discharge of their duties if their functions are in accordance with the law. Councillors should not make public any information which is confidential or "exempt" without the consent of the council or divulge information given in confidence to anyone other than a councillor or officer entitled to know it. 3.1.3 Membership Follow the link to members page for current Town Council membership .. click here Article Two - Citizens' Rights and Responsibilities 3.2.1 Rights Citizens have a significant number of rights in their dealings with the council. Some of these are legal rights whilst some reflect our commitment to openness. The local Citizens Advice Bureau, which operates weekly sessions from the Penwortham Community Centre, can also advise on the rights of individuals. Citizens have a right to: o Vote at local elections, if they are registered. South Ribble Borough Council compiles the electoral register and further information can be obtained from that authority (01772 421491). o contact any local councillor about matters of concern. o obtain a copy of the constitution. o attend meetings of the council and committees, except those parts where personal or confidential ("exempt") matters are being discussed. o at the discretion of the Mayor/Chairman, speak at meetings of the council and committees on specific matters on the agenda or express views, at the appropriate time, about matters of local concern. The Access to Information Rules (Part 5 (iii)) provide more information. o address the council for five minutes on a matter previously notified. o contact members of officers to ascertain what items are to be discussed at forthcoming council/committee meetings. o see reports and background papers (other than in connection with "exempt" matters) and records of decisions made by the council and committees. o complain to the council if we have failed to do something we promised to do, if we have done something badly or wrong, or if we have treated someone unfairly or impolitely. o complain to the Standards Board for England if it appears that a councillor has breached our Code of conduct. 3.2.2 Responsibilities Citizens must not be violent, abusive or threatening to councillors or officers and must not wilfully damage property owned by the council, councillors or officers. Article Three - Council and Committee Meetings 3.3.1 Functions of the Council Only the council will exercise the following functions: i) adopt and change the constitution; ii) approve and adopt the annual budget, financial strategy, Corporate Plan and policy framework documents; iii) elect annually the Mayor, Deputy Mayor and chairmen and vice- chairmen of committees; iv) determine and amend the terms of reference and membership of committees (see Part 4 of the constitution); v) appoint representatives to serve on outside bodies; vi) appoint a panel to appoint the Town Manager or the Democratic Services Manager; vii) agree the Code of Conduct for Elected Members as set out in Part 5 of the Constitution; viii) all other matters which, by law, must be reserved to the council. 3.3.2 Council Meetings There are three types of council meeting:
The Annual Town Meeting held in March Council meetings must be arranged and conducted in accordance with the Standing Orders. 3.3.4 Committee Meetings The council may appoint committees to discharge functions. The current arrangements are set out in Part 4 (i) pf the Constitution and comprise the following: a)
Strategy and Finance Committee Article Four - The Mayor 3.4.1 Role and Functions
The Mayor and, in his/her absence, the Deputy Mayor, has the following
role and functions: The Mayor will preside at such civic and ceremonial occasions as the council consider appropriate. The Mayor also acts as the first citizen of the Town and should always represent the community in a fit and proper manner. The Mayor also attends functions within the Borough of South Ribble, and on occasions outside the borough at the request of organisers of functions, and represents the Town on these occasions. 3.4.3 Chairing the Council Meetings The Mayor will be elected by the council annually. The Mayor, and in his/her absence, the Deputy Mayor, has the following responsibilities at the council meeting: i) to uphold and promote the purposes of the constitution and to interpret it as necessary; ii) to preside over meetings of the council so that the business can be carried out efficiently and effectively and with regard to the rights of councillors and the interests of the community; iii) to ensure that the council meeting is a forum for debate of matters of concern to the local community and the place at which members are able to hold to account other members of the council who have positions of responsibility (eg committee chairmen); iv) to promote public involvement in the council's activities;
v) to be the conscience of the council Article Five - Joint Arrangements/Partnerships 3.5.1 Arrangements to Promote Well-Being
In order to promote the economic, social or environmental well-being
of the area, and subject to legislative requirements and conditions,
the council may: b) co-operate with, of facilitate or coordinate the activities of, any person or body; c) exercise on behalf of that person or body any functions of that person or body. 3.5.2 Joint Arrangements The council may, subject to legislative requirements and conditions, establish joint arrangements with one or more local authorities to exercise certain functions. Such arrangements may involve the appointment of a joint committee with those other authorities. Article Six - Officers 3.6.1 Structure The council may engage such staff ("officers") as it considers necessary to carry out its functions. The council shall engage persons for the following posts, who will be designated as "Managers": Town Manager & Democratic Services Manager The Town Manager will be the Responsible Financial Officer of the Council in accordance with Section 171 of the Local Government Act 1972. He / she will advise the council whether decisions are in accordance with the budget, and on matters of financial impropriety and probity. The Democratic Services Manager will be responsible for the proper management of the decision-making process of the council and will ensure that the constitution is maintained and implemented. He / she will be the proper officer for Access to Information. The Town Manager and the Democratic Services Manager shall report to the council from time to time on the manner in which the discharge of required for the discharge of functions and the organisation of officers. The functions of officers shall be in accordance with the Scheme of Decision-Making set out in Part 4 (2) of the Constitution. 3.6.2 Code of Conduct
Officers shall comply with the Employees' Code of Conduct set out
in Article Seven - Review, Development, Suspension and Interpretation of the Constitution 3.7.1 Duty to Monitor and Review the Constitution The Democratic Services Manager shall monitor and review the operation of the constitution to ensure that its aims and principles are given full effect. 3.7.2 Changes to the Constitution Only the council can approve changes to the constitution and changes should only be made further to a report from the Democratic Services Manager or the Town Manager. 3.7.3 Suspension of the Constitution The articles of this constitution may not be suspended. Any of the procedure rules in the constitution may be suspended by the Council to the extent permitted within those rules and the law. 3.7.4 Interpretation The ruling of the Mayor as to the construction or application of this constitution or as to any proceedings of the council shall not be challenged at any meeting of the council. Such interpretation shall have regard to the purposes of this constitution contained in Article One. 3.7.5 Publication The Democratic Services Manager shall ensure that a printed copy of this constitution is given to each member of the authority upon delivery to him/her of that person's declaration of acceptance of office on the member first being elected to the council. The Democratic Services Manager shall ensure that copies of the constitution are available for inspection at the council offices, libraries and other appropriate locations, and can be obtained by members of the public and the local press. PART FOUR - RESPONSIBILITY FOR FUNCTIONS 4.1 Terms of Reference of Committees (Previously approved) Terms of Reference of Committees A.
GENERAL TERMS OF REFERENCE APPLICABLE TO ALL COMMITTEES B.
TERMS OF REFERENCE OF COMMITTEES
xvii) Insure against such risks as the committee deems
Improvement xxi) To foster links with other local communities for the benefit of the Town.
xxii) To deal with public relations matters and make recommendations
in respect of the civic and ceremonial functions of the Town Council.
Constitution
vi) To monitor the condition of the public highway, including footways
viii) To monitor the condition of footway cleaning ix) To monitor, where necessary, the reinstatement of highways and footways after work by utility companies x) Waste minimisation and recycling xi) To monitor, where necessary, the condition of any land or buildings in private ownership xii) To provide and maintain public seats xiii) To maintain the Town Council's notice boards
xiv) To consider and encourage environmental improvements, such as
tree planting and nature conservation. 4.2. Scheme of Decision-Making (Previously approved) 4.2.
Scheme of Decision-Making PART FIVE - PROCEDURAL REGULATIONS 5.1. Standing Orders (Previously approved) 5.1. Standing Orders 1
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1. Meetings of the Council shall be held at Penwortham Community Centre, Kingsfold Drive, Penwortham at 7.30pm on the first Tuesday of each month (excluding August), unless the Council determines otherwise. The meeting in March, however, shall be held at 8.00pm or immediately after the Annual Town Meeting, whichever is the later. 2. Smoking is not permitted at any meeting of the Council or at any Committee meeting. 3. The Statutory Annual Meeting shall be held at 7.30pm on the first Tuesday in May. CHAIRMAN OF MEETING 4. The person presiding at a meeting may exercise all the powers and duties of the Town Mayor in relation to the conduct of the meeting. PROPER OFFICER 5. Where a statute, regulation or order confers functions or duties on the proper officer of the Council in the following cases, he/she shall be the Town Manager or the Democratic Services Manager: (i) to receive declarations of acceptance of office; (ii) to receive and record notices disclosing pecuniary interests; (iii) to receive and retain plans and documents; (iv) to sign notices or other documents on behalf of the Council; (v) to receive copies of bye-laws made by a district council; (vi) to certify copies of byelaws made by the Council; (vii) to sign summonses to attend meetings of the Council. QUORUM 6. Seven members shall constitute a quorum. 7. If a quorum is not present when the Council meets, or if during a meeting the number of councillors present and not debarred by reason of a declared personal or prejudicial interest falls below the quorum, the business not transacted at that meeting shall be transacted at the next meeting or such other day as the Town Mayor may fix. VOTING 8. Members shall vote by show of hands. 9. If three or more members so formally request by a show of hands, the Town Manager or the Democratic Services Manager shall record the names of the members who voted on any question so as to show whether they voted for or against it, or abstained.
10. (i) Subject to (2) below the Town Mayor may give an original vote
on any matter put to the vote and, in the case of an equality of votes,
may give a casting vote even though he gave no original vote. ORDER OF BUSINESS (In an election year councillors should execute Declarations of Acceptance of Office in each other's presence, or in the presence of a proper officer previously authorised by the Council to take such declarations, before the annual meeting commences. Any councillor elected at a by-election must make a Declaration of Acceptance of Office before partaking in any Council business). 11. At each statutory Annual Meeting the first business shall be (i) to elect a Town Mayor; (ii) to receive the Town Mayor's declaration of acceptance of office or, if not then received, to decide when it shall be received; (iii) in the ordinary year of election of the Council, to fill any vacancies left unfilled at the election by reason of insufficient nominations; (iv) to elect a Deputy Town Mayor; (v) to consider any vacancies for school governors; (vi) to appoint committees and their membership and terms of reference. (vii) to consider the payment of any annual subscriptions.
and shall thereafter follow the order set out in Standing Order 14. 13. After the first business has been completed, the order of business, unless the Council otherwise decides on the ground of urgency, shall be as follows:- (i) to consider the minutes of the last meeting for approval and signing as a correct record by the person presiding. (ii) To deal with business expressly required by statute to be done; (iii) to dispose of business, if any, remaining from the last meeting; (iv) to receive such communication as the person presiding may wish to lay before the Council; (v) to answer questions from Councillors;
(vi) to receive and consider reports and minutes of committees; (viii) to answer questions from the public; (ix) to consider resolutions or recommendations in the order in which they have been notified; (x) Any other business specified in the summons (see above, paragraph 37). 14. A motion to vary the order of business on the ground of urgency (i) may be proposed by the Town Mayor or by any member and, if proposed by the Town Mayor, may be put to the vote without being seconded, and (ii) shall be put to the vote without discussion. FORMAL QUESTIONS TO THE COUNCIL 15.
(i) Subject to paragraph (ii) below, if a member of the council wishes
to ask a formal question at a meeting of the council of (b) the chairman of any committee; (c) a member who represents the council on an outside organisation a member of the council may ask without notice a question of those persons specified in (i) above, but in those circumstances there shall be no requirement for an answer to be given. (ii) The Town Mayor or other member specified in (i) above shall not be required to answer the question if the information requested is confidential. (iii) Every question shall be relevant to some matter in relation to which the Council has functions, or which affects Penwortham. (iv) A member asking the question may, in doing so, address the council for not more than three minutes for each question. (v) A member of the council may address to the concerned person supplementary questions, or make supplementary comments, which must be directly relevant to the original question. The time limit on any such supplementary question or discussion is at the discretion of the Town Mayor. (vi) An answer may take the form of: (a) a direct oral answer; (b) where the desired information is contained in a publication of the council, a reference to that publication; (c) where the reply to the question cannot conveniently be given orally, a written answer to the member asking the question, and circulated to all members of the council. NOTICES OF MOTION 16. Except as provided by these standing orders, no resolution may be moved unless the business to which it relates has been put on the agenda by the Town Manager or Democratic Services Manager or the mover has given notice in writing of its terms, signed it and has delivered the notice to the Town Manager or Democratic Services Manager at least 7 clear days before the next meeting of the Council. 17. The Town Manager or Democratic Services Manager shall insert in the agenda for every meeting all notices of motion properly given and in the order in which they have been received, unless the member giving a notice of motion withdraws it. 18. If a resolution or recommendation specified in the summons is not moved either by the member who gave notice of it or by any other member, it shall, unless postponed by the Council, be treated as withdrawn and shall not be moved without fresh notice.
19. Every resolution or recommendation shall be relevant to some subject
over which the Council has power or which affects its area. 20. Resolutions dealing with the following matters may be moved without notice:- (i) to appoint a Chairman of the meeting; (ii) to correct the minutes; (iii) to approve the minutes; (iv) to alter the order of business; (v) to proceed to the next business; (vi) to close or adjourn the debate; (vii) to refer a matter to a committee; (viii) to adopt a report; (ix) to authorise the sealing of documents; (x) to amend a motion; (xi) to give leave to withdraw a resolution or an amendment; (xii) to extend the time limit for speeches; (xiii) to exclude the public; (xiv) to suspend any Standing Order;
(xv) to adjourn the meeting.
21. No discussion shall take place upon the minutes except upon their
accuracy. Corrections to the minutes shall be made by resolution.
(ii) A member when seconding a resolution or amendment may, if he then declares his intention to do so, reserve his speech until a later period of debate. (iii) A member shall direct his speech to the question under discussion or to a personal explanation or to a question of order. (iv) No speech by a mover of a resolution shall exceed 5 minutes, and no other speech shall exceed 5 minutes except by consent of the Council. (v) An amendment shall be either:-
(a) to leave out words; (c) to insert or add words. (vi) An amendment shall not have the effect of negating the resolution before the Council. (vii) If an amendment is carried, the resolution, as amended, shall take the place of the original resolution and shall become the resolution upon which any further amendment may be moved. (viii) A further amendment shall not be moved until the Council has disposed of every amendment previously moved. (ix) The mover of a resolution or of an amendment shall have a right of reply, not exceeding 5 minutes. (x) 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 on a point of order, or in personal explanation, or to move a closure. (xi) A member may rise to make a point of order or a personal explanation. A member rising for these purposes shall be heard forthwith. A personal explanation shall be confined to some material part of a former speech by him which may have been misunderstood. (xii) A motion or amendment may be withdrawn by the proposer with the consent of the Council, which shall be signified without discussion, and no member may speak upon it after permission has been asked for its withdrawal unless such permission has been refused. (xiii) When a resolution is under debate no other resolution shall be moved except the following:-
(a) To amend the resolution. (c) To adjourn the debate.
(d) That the question be now put. (fi) That a member named do leave the meeting. (g) That the resolution be referred to a committee. (h) To exclude the public and press. (i) To adjourn the meeting. 23. (i) The ruling of the Town Mayor on a point of order or on the admissibility of a personal explanation is final. (ii) Members shall address the Town Mayor.
(iii) Whenever the Town Mayor rises during a debate all other members
shall be seated and silent. 24. At the end of any speech a member may, without comment, move "that the question now be put", "that the debate now be adjourned" or "that the Council now do adjourn". If such motion is seconded the Town Mayor shall put the motion but, in the case of a motion "to put the question", only if he is of the opinion that the question before the Council has been sufficiently debated. If the motion "that the question now be put" is carried, he shall call upon the mover to exercise or waive his right of reply and shall put the question immediately after that right has been exercised or waived. The adjournment of a debate or of the Council shall not prejudice the mover's right of reply at the resumption. (Note: Where a meeting is adjourned the subsequent proceedings are part of the original meeting and no new notices or agendas need to be issued except a notification to members not present of the date of the continuation of the meeting.) DISORDERLY CONDUCT 25. (i) No member or member of the public shall at a meeting persistently disregard the ruling of the Town Mayor, wilfully obstruct business, or behave irregularly, offensively, improperly or in such a manner as to bring the council into contempt. (ii) If, in the opinion of the Town Mayor, a person has broken the provisions of paragraph (a) of this Standing Order, the Town Mayor shall express that opinion to the Council and thereafter any member may move that the member named be no longer heard or that the member named do leave the meeting, and the motion, if seconded, shall be put forthwith and without discussion. (iii) If either of the motions mentioned in paragraph (b) is disobeyed, the Town Mayor may suspend the meeting or take such further steps as may reasonably be necessary to enforce them. RIGHT OF REPLY
26. The mover of a resolution shall have a right to reply immediately
before the resolution is put to the vote. If an amendment is proposed
the mover of the amendment shall be entitled to reply immediately
before the amendment is put to the vote. A member exercising a right
of reply shall not introduce new matter. After the right of reply
has been exercised or waived, a vote shall be taken without further
discussion.
27. A member may, with the consent of his seconder, move amendments
to his own resolution. 28. A decision (whether affirmative or negative) of the Council shall not be reversed within six months. VOTING ON APPOINTMENTS 29. Where more than two persons have been nominated for any position to be filled by the Council and of the votes given there is not an absolute majority in favour of one person, the name of the person having the least number of votes shall be struck off the list and a fresh vote taken, and so on until a majority of votes is given in favour of one person.
DISCUSSIONS AND RESOLUTIONS AFFECTING 30. 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 (as the case may be) has decided whether or not the public shall be excluded. RESOLUTIONS ON EXPENDITURE 31. Any resolution which is moved otherwise than in pursuance of a recommendation of the Finance and General Purposes Committee or of another committee after recommendation by the Finance and General Purposes Committee and which, if carried, would, in the opinion of the Town Mayor, substantially increase the expenditure upon any service which is under the management of or reduce the revenue at the disposal of any committee, or which would involve capital expenditure shall, when proposed and seconded, stand adjourned without discussion to the next ordinary meeting of the Council, and any committee affected by it shall consider whether it desires to report thereon and the Finance and General Purposes Committee shall report on the financial aspect of the matter. FINANCIAL CONTROLS - GENERAL PRINCIPLES
32. The principles underlying financial controls are segregation of
duties and responsibilities within the council, keeping of accurate
and complete accounting records, a strong emphasis on budgetary control
and reporting and compliance with statutory and audit requirements
33. All financial transactions of the council should be accompanied
by a relevant document (invoice, receipt etc). Wherever possible,
receipts should be VAT receipts to allow the council to recover VAT
input tax. Invoices should be addressed to Penwortham Town Council
and not individual council members or officers. 34. (i) Proper accounting records will be kept by the Town Manager/ Democratic Services Manager.
(ii) A full bank reconciliation will be completed on a monthly basis
by the Town Manager/Democratic Services Manager. EXENDITURE 35. (i) Expenditure will need to be approved by the Town Council.
(ii) If it is necessary to make urgent payments before authorisation,
the Town Manager or Democratic Services Manager, in consultation with
the Town Mayor, can approve expenditure up to £250. All such
instances must be reported back to the Council. 36. The Town Manager shall produce a monthly financial report for the Council giving details of the budget, actual spend to date, committed cost and a forecast outturn for the remainder of the year. BUDGETARY PROCESS 37. The financial year will run from 1 April to 31March. This budget process will be coordinated by the Finance and General Purposes Committee. REIMBURSEMENT OF MILEAGE COSTS
38. The reimbursement of mileage costs for officers of the council
will be the agreed national published rates for employees of local
authorities. 39. The Council will, at its Annual Meeting, appoint to 6 committees namely Finance and General Purposes, Gala, Planning, Community Centre Joint Management Committee, Cemeteries and War Memorial and Allotments, Footpaths and Environment Committee and may, at any other time, appoint such other committees as are necessary but, subject to any statutory provision in that behalf:- (i) shall not appoint any member of a committee so as to hold office later than the next Annual Meeting, (ii) may at any time dissolve or alter the membership of a committee. 40. The Town Mayor and Deputy Town Mayor shall be ex-officio members of every committee. 41. Every committee shall at its first meeting before proceeding to any other business, elect a Chairman and Vice-Chairman who shall hold office until the next Annual Meeting of the Council. 42. The Chairman of a committee or the Town Mayor may summon a meeting of that committee at any time. An additional meeting shall also be summoned on the requisition in writing of not less than a quarter of the members of the committee. The summons shall set out the business to be considered at the special meeting and no other business shall be transacted at that meeting. 43. The quorum of a committee or sub-committee shall be one third of its members. In all cases the legal minimum quorum for any meeting is never fewer than 3 members. 44. The Standing Orders on rules of debate (except those parts relating to standing and to speaking more than once) and the Standing Order on interests of members in contracts and other matters shall apply to committee meetings. VOTING IN COMMITTEES
45. Members of committees shall vote by show of hands. PRESENCE OF NON-MEMBERS OF COMMITTEES AT COMMITTEE MEETINGS 47. A member who has proposed a resolution which has been referred to any committee of which he is not a member, may explain his resolution to the committee but shall not vote. Members of the council are eligible to attend and speak at all committee meetings, at the discretion of the chairman. ACCOUNTS AND FINANCIAL STATEMENT 48. (i) Except as provided in paragraph (ii) of this Standing Order or by statute, all accounts for payment and claims upon the Council shall be laid before Council or appropriate committee. (ii) Where it is necessary to make a payment before it has been authorised by the Council, such payment, for sums up to £250 only, shall be certified as to its correctness and urgency by the Town Manager or Democratic Services Manager, in consultation with the Town Mayor or Deputy Town Mayor. (iii) All payments ratified under sub-paragraph (ii) of this Standing Order shall be separately included in the next schedule of payments laid before the Council. 49. The Town Manager/Democratic Services Manager shall supply to each member at the ordinary meeting next after the end of the Financial Year a statement of receipts and payments. ESTIMATES 50. The Council shall approve written estimates for the coming financial year at its meeting in the month of December. INTERESTS 51. Now in the Code of Conduct for Elected members. 52. The Town Manager/Democratic Services Manager shall record in a book to be kept for the purpose, particulars of any notice given by any member or any officer of the Council of a pecuniary interest in a contract, and the book shall be open during reasonable hours of the day for the inspection of any member. 53. If a candidate for any appointment under the Council is to his knowledge related to any member of or the holder of any office under the Council, he and the person to whom he is related shall disclose the relationship in writing to the Town Manager or Democratic Services Manager. A candidate who fails so to do shall be disqualified for such appointment, and, if appointed, may be dismissed without notice. The Town Manager or Democratic Services Manager shall report to the Council or to the appropriate committee any such disclosure. Where relationship to a member is disclosed Standing Order 63 shall apply.
The Town Manager or Democratic Services Manager shall make known the
purport of this Standing Order to every candidate. 54. (i) Canvassing of members of the Council or of any committee, directly or indirectly, for any appointment under the Council shall disqualify the candidate for such appointment. The Town Manager/Democratic Services Manager shall make known the purport of this sub-paragraph of this Standing Order to every candidate. (ii) A member of the Council or of any committee shall not solicit for any person any appointment under the Council or recommend any person for such appointment or for promotion; but, nevertheless, any such member may give a written testimonial of a candidate's ability, experience or character for submission to the Council with an application for appointment. INSPECTION OF DOCUMENTS 55. A member may for the purpose of his duty as such (but not otherwise), inspect any document in possession of the Council or a committee, and if copies are available shall, on request, be supplied for the like purpose with a copy.
56. All minutes kept by the Council and by any committee shall be
open for the inspection of any member of the Council or the public. 57. The public shall be admitted to all meetings of the Council and its committees which may, however, temporarily exclude the public by means of the following resolution: "That in view of the nature of the business the public be excluded from the proceedings during consideration of the following item(s) because, if members of the public were present, it is likely that there would be a disclosure to them of exempt information as set out in Schedule 12A of the Local Government Act 1972". The special reason(s) under the Local Government Act 1972 should be stated. PUBLIC PARTICIPATION IN MEETINGS 58. (i) Questions, statement or comments from members of the public and all members of the council will be allowed during all council and committee meetings. These shall relate only to items on the agenda. Members of the council will normally be allowed to speak only after members of the concerned committee have first been given the opportunity to do so. This shall be at the discretion of the chairman. (ii) Each speaker shall be restricted to a total of five minutes. (iii) Questions shall be directed to the chairman. (iv) The chairman will disallow any question, statement or comment which in his or her opinion is scurrilous, improper irrelevant repetitive or objectionable. 59. If a member of the public interrupts the proceedings at any meeting, the chairman may, after warning, order that he be removed from the meeting.
60. The Town Manager/Democratic Services Manager shall afford to the
press reasonable facilities for taking their report of any proceedings
at which they are entitled to be present. 61. (i) Members of the public may address the council on any matter in relation to which the council has functions, or which affects the area of Penwortham.
(ii) Notice of the subject matter of the address must be given in
writing to the Town Manager of Democratic Services Manager at least
six clear days before the meeting at which it is to be raised. (iv) Members of the public may address the council without notice on any matter in relation to which the council has functions, but if the subject matter has not been included on the agenda it may not be discussed unless the Mayor determines that it is appropriate to do so. (v) Each speaker shall be restricted to a total of five minutes. (vi) The Mayor shall determine whether a discussion on the matter shall take place and any response to the address may take the form of: (a) a direct oral answer; (b) where the desired information is contained in a publication of the council, a reference to that publication; or (c) where the reply cannot conveniently be given orally, a written answer shall be sent to the member(s) of the public addressing the council, and circulated to all members off the council. LIAISON WITH DISTRICT COUNCILLORS
62. A notice of meeting shall be sent together with an invitation
to attend to South Ribble Borough Councillors and Lancashire County
Councillors wholly or partly within the wards/divisions in the Town
council area
63. The Council shall deal with complaints of maladministration allegedly
committed by the Council or by any officer or member in the manner
recommended by the National Association of Local Councils. 64. Any or every part of the Standing Orders except the following may be suspended by resolution in relation to any specific item of business: Standing Orders nos. 3,4,6,7,8,9,10,11 (i- iii), 12, 13 (i and ii), 51, 52, 55, 56, 57 and 60. 65. 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. CORRESPONDENCE FROM PENWORTHAM TOWN COUNCIL 66. (i) All correspondence sent by the Town Council should be signed by one of the following:
Town Manager or Democratic Services Manager
Chairman of a committee when related to business of that committee.
(ii) Responses by committee Chairmen, Town Mayor and deputies to e-mail
messages should be copied to the Town Manager or Democratic Services
Manager (and appropriate committee chairmen as necessary).
67. A copy of these Standing Orders shall be given to each member
by the Town Manager/Democratic Services Manager upon delivery to him
of the member's declaration of acceptance of office. 5.2.
Financial Regulations 5.2.
FINANCIAL REGULATIONS 1. General 1.1 These financial regulations shall govern the conduct of the financial transactions of the council and may only be amended or varied in accordance with Standing Order No. 69. 1.2 The Responsible Financial Officer (RFO) under the policy direction of the Strategy and Finance Committee ("the Committee") shall be responsible for the proper administration of the council's financial affairs. 1.3 The RFO shall be responsible for the production of financial management information. 2. Annual Estimates 2.1 Detailed estimates of income and expenditure on revenue services, and receipts and payments on capital account, shall be presented each year by the RFO. 2.2 The committee shall review the estimates and submit them to the council not later than the end of December in each year and shall recommend the precept to be levied for the ensuing financial year. The RFO shall supply each member with a copy of the approved estimates. 2.3 The annual capital and revenue budgets shall form the basis of financial control for the ensuing year. 3. Budgetary Control 3.1 The RFO shall periodically provide the committee with a statement of income and expenditure to date under each head of approved revenue and capital budgets. 3.2 The Town Manager or Democratic Services Manager may incur expenditure which is necessary to carry out any service, repair, replacement or other work which is of such urgency that it must be done at once, whether of not there is budgetary provision for the expenditure, subject to the approval of the consultation with the Town Mayor and to a limit of £2,000. A report on the action taken shall be presented to the next meting of the Council. 3.3 No expenditure shall be incurred in relation to any capital project and no contract entered into or tender accepted involving expenditure on capital account, unless the committee is satisfied that it is contained in the rolling capital programme and that the necessary capital funds are available, or the requisite borrowing approval can be obtained. 3.4 All capital works shall be administered in accordance with the council's standing orders and financial regulations to contracts.
4.1 All accounting procedures and financial records of the council shall be determined by the RFO as required by the Accounts and Audit Regulations. 4.2 The RFO shall be responsible for completing the annual accounts of the council as soon as practicable after the end of the financial year and shall submit them to, and report thereon to the committee. 4.3 The following principles shall be observed in connection with accounting duties, subject to the availability of staffing resources: i) the duty of providing information, calculating, checking and recording sums due to, or from the council should be separated as completely as possible from the duty of collecting or dispersing them; ii) officers charged with the duty of examining and checking the accounts of cash transactions should not be engaged in any of those transactions. 4.4 The RFO shall be responsible for maintaining an adequate and effective system of internal audit of the council's accounting, financial and other operations in accordance with the Accounts and Audit Regulations. Any officer or member of the council shall, if the RFO requires, make available such documents of the council which relate to their accounting and other records as appear to the RFO to be necessary for the purpose of the audit and shall supply the RFO with such information and explanation as the RFO considers necessary for that purpose. 5 Banking Arrangements and Cheques 5.1 The council's banking arrangements shall be made by the RFO and approved by the committee. 5.2 A schedule of the payment of money shall be prepared by the RFO and shall be presented to the committee. If the schedule is in order it shall be authorised by a resolution of that committee and signed by the chairman or vice-chairman. 5.3 Cheques drawn on bank accounts in accordance with the schedule referred to in the previous paragraph shall be signed by the RFO or the Democratic Services Manager and any two members of the council. 6. Payment of Accounts 6.1 Apart from petty cash payments, all payments shall be effected by cheque or other order drawn on the council's bankers. 6.2 All invoices for payment shall be examined, verified and certified by the officer issuing the order. Before certifying an invoice the officer shall satisfy himself or herself that the work, goods or services to which the invoice relates have been received, carried out, examined and approved. 6.3 Duly certified invoices shall be passed to the RFO who shall examine them in relation to arithmetical accuracy and authorisation, and shall code them to the appropriate expenditure head. He shall take all possible steps to settle all invoices submitted, and which are in order, within 30 days of their receipt. 6.4 All duly certified invoices will be entered on the schedule referred to in 5.2 above. i) The RFO shall maintain a petty cash float to a limit of £250.00 for the purpose of defraying operational and other expenses. Vouchers for payments made from petty cash shall be kept to substantiate payment. ii) Income received must not be paid into the petty cash float but must be separately banked, as indicated elsewhere in these regulations. iii) Payments to maintain the petty cash float shall be shown separately on the schedule of the payment of money presented to the committee (under 5.2 above). 7. Salaries and Wages 7.1 The RFO shall arrange for the payment of all salaries and wages in accordance with the payroll records. 8. Loans and Investments 8.1 All loans and investments shall be negotiated by the RFO in the name of, and with the approval of the council, and shall be for a set period of time in accordance with council policy. Changes to loans and investments must be approved by the council. 8.2 All investments of money under the control of the council shall be in the name of the council. 8.3 All borrowings shall be effected in the name of the council. 8.4 All investment certificates and other documents relating thereto shall be retained in the custody of the RFO. 9. Income 9.1 The collection of all sums due to the council shall be the responsibility and under the supervision of the RFO. 9.2 Particulars of all changes to be made to work done, services rendered or goods supplied shall be notified to the RFO and he/she shall be responsible for the collection of all accounts due to the council. 9.3 The council will review all fees and charges annually, following a report of the Town Manager or Democratic Services Manager. 9.4 Any bad debts shall be reported to the committee. 9.5 A reference to the related debt, indicating the origin of each cheque, shall be entered on the paying in slip. 9.6 Any transfer of money from one member of staff to another shall be signed for by the receiving officer. 9.7 Personal cheques shall not be cashed of money held on behalf of the council. 10. Orders for Work, Goods and Services 10.1 An official order or letter shall be issued for all work, goods and services unless a formal contract is to be prepared or an official order would be inappropriate, eg petty cash purchases. Copies of such orders and letters shall be retained. 10.2 Order books shall be controlled by the RFO. 10.3 All officers are responsible for obtaining Best Value at all times.
11.1 The following procedures with regard to contracts must be adhered to: i) every contract made by the council shall comply with these regulations and no exceptions will be made otherwise than by direction of the council or in an emergency after consultation with the Town Mayor; ii) where it is intended to enter into a contract a) exceeding £2,000 in value for the supply of goods or materials or for the execution of works or specialist services the Town Manager or the Democratic Services Manager shall invite tenders from at least three firms; b) for expenditure of £2,000 or less in value the Town Manager or the Democratic Services Manager in consultation with the Town Mayor and the chairman of the committee shall have executive power; iii) when applications are made to waive standing orders relating to contracts the reason shall be embodied in a recommendation to the council; iv) such invitation to tender shall state the general nature of the intended contract and the Town Manager or the Democratic Services Manager shall obtain the necessary technical assistance to prepare a specification in appropriate cases. The invitation shall in addition state that tenders must be addressed to the Town Manager or the Democratic Services Manager and the time and date by which such tenders should reach the council. Each tendering firm shall be supplied with a specially marked envelope in which the tender is to be sealed and remain sealed until the prescribed date for opening the tenders for that contract; v) all sealed tenders shall be opened at the same time on the prescribed date by the Town Manager or the Democratic Services Manager in the presence of at least one member of council; vi) if less than three tenders are received for contracts valued above £2,000, the council may make such arrangements as it thinks fit for procuring the goods or services or executing the works; vii) the council shall not be obliged to accept the lowest tender or any tender. 12. Payments Under Contracts for Building or Other Construction Works 12.1 Payments on account of the contract sum shall be made within the time specified in the contract by the council upon authorised certificates of the persons engaged to supervise the contract. 12.2 Where contracts provide for payment by instalments, the RFO shall maintain a record of such payments. In any case when it is estimated that the total cost of work carried out under a contract, excluding fluctuation clauses, will exceed the contract sum by 5% or more, a report shall be submitted to the committee. 12.3 Any variation to a contract or addition to, or omission from a contract must be approved by the Town Manager or the Democratic Services Manager in writing the committee being informed where the final cost is likely to exceed the financial provision. 13. Stores and Equipment 13.1 The RFO shall be responsible for an annual check of all stock and stores and equipment. 14. Properties and Estates 14.1 The RFO shall make appropriate arrangements for the custody of all title deeds of property owned by the council. He/she shall ensure that a record is maintained of all property owned by the council, recording the location, extent, plan, purchase details, nature of the interest, tenancies granted, rents payable and purpose for which they are held in accordance with the Accounts and Audit Regulations. 14.2 No property shall be sold, leased or otherwise disposed of without the authority of the council, save where the estimated value of any one item does not exceed £100. 15. Insurance 15.1 The Town Manager or the Democratic Services Manager shall effect all insurances and negotiate all claims on the council's insurers. 15.2 The Town Manager or the Democratic Services Manager shall keep a record of all insurances effected by the council and the property and risks covered thereby and annually review it. 15.3 The Town Manager or the Democratic Services Manager shall be notified of any loss liability or damage or of any event likely to lead to a claim. 15.4 All appropriate employees of the council shall be included in a suitable fidelity guarantee insurance.
16.1 It shall be the duty of the committee to review the financial regulations of the council from time to time and to make such recommendations to the council as the committee considers are required. 5.3. Access to Information Procedure Rules 5.3.1 Scope These rules apply to all meetings of the council and its committees. 5.3.2 Additional Rights to Information These rules do not affect any other rights to information contained elsewhere in the constitution or the law. 5.3.3 Right to Attend Meetings Members of the public may attend all meetings subject only to the exceptions in these rules. 5.3.4 Notices of Meetings The council shall give at least five clear days notice of any meeting by posting details of the meeting at the Penwortham Community Centre. 5.3.5 Access to Agendas and Reports before Meetings The council shall make copies of the agenda and those reports open to the public available for inspection at least five clear days before the meeting. If an item is added to the agenda later, the revised agenda will be open to inspection from the time the item was added. 5.3.6 Supply of Copies The council shall supply copies of: i) any agenda and report which are open to public inspection; ii) any further statements or particulars necessary to indicate the nature of the items on the agenda; and iii) If the Democratic Services Manager considers it appropriate, copies of any other documents supplied to councillors in connection with an item to any person, on payment of a charge for postage and other costs. 5.3.7 Access to Minutes etc after Meetings The council shall make available copies of the following for six years after a meeting: i) the minutes of all meetings; ii) the agenda for all meetings; iii) reports relating to items when the meeting was open to the public. 5.3.8 List of Background Papers The Democratic Services Manager shall ensure that every report contains a list of those background documents relating to the subject matter of the report which: i) disclose any facts or matters on which the report or an important part of the report is based; and ii) have been relied on to a material extent in preparing the report but does not include published works or those which disclose exempt or confidential information. 5.3.9 Summary of Public Rights A written summary of the public's right to attend meetings and to inspect and copy documents must be kept at the Penwortham Community Centre and be available to the public. 5.3.10 Confidential Information The public must be excluded from meetings whenever it is likely, in view of the nature of the business to be transacted, that confidential information (as defined in the Access to Meetings legislation) would be disclosed. Confidential information means information given to the council by a Government Department on terms which forbid its public disclosure, or information which cannot be publicly disclosed by Court Order. 5.3.11 Exempt Information The public may be excluded from meetings whenever it is likely, in view of the nature of the business to be transacted, that exempt information (as defined in the Access to Meetings legislation) would be disclosed. Where a meeting will determine any person's civil rights or obligations, or adversely affect their possessions, Article 6 of the Human Rights Act 1998 establishes a presumption that the meeting will be held in public unless a private hearing is necessary for one of the reasons specified in Article 6. Exempt information means information falling within the following 15 categories: No. Category Condition 1)
Information relating to a particular employee or applicant to become
an employee of, or a particular office-holder, former office-holder
or applicant to become an office-holder under the authority. 4)
Information relating to any particular applicant for, or recipient
or former recipient of, any service provided by the authority. 5)
Information relating to any particular applicant for, or recipient
or former recipient of, any financial assistance provided by the authority. 6) Information relating to the adoption, care, fostering or education of any particular child. "Child" means a person under 18 years of age and anyone who is 18 and is still registered as a school pupil, or is the subject of a care order within the meaning of Section 31 of the Children Act 1989 7)
Information relating to the financial or business affairs of any particular
person (other than the authority). 8)
The amount of any expenditure proposed to be incurred by the authority
under any particular contract for the acquisition of property of the
supply of goods or services. Information within this paragraph is
only exempt if, and for so long as, disclosure of the amount involved
would be likely to give an advantage to a person entering into, or
seeking to enter into a contract with the authority. 9)
Any terms proposed or to be proposed by or to the authority in the
course of negotiations for a contract for the acquisition or disposal
of property or the supply of goods or services. 11)
Information relating to any consultations or negotiations, or contemplated
consultations or negotiations, in connection with any labour relations
matters arising between the authority or a Minister of the Crown and
employees of, or office-holders under the authority. a)
any legal proceedings by or against the authority; or a) to give under any enactment a notice under, or by virtue of which, requirements are imposed on a person; or
b) to make an order or direction under any enactment. a) a criminal offence; b) a breach of statutory duty; c) a breach of planning control; or
d) a nuisance, has been, is being or is about to be committed. 5.3.12
Exclusion of Access by the Public to Reports PART SIX - CODES OF CONDUCT AND PROTOCOLS 6.1. Members' Code of Conduct PART ONE - GENERAL PROVISIONS Scope 1.1 A member must observe the authority's code of conduct whenever he / she a) conducts the business of the authority; b) conducts the business of the office to which he/she has been elected or appointed; or c) acts as a representative of the authority, and references to a member's official capacity shall be construed accordingly. 1.2 An authority's code of conduct shall not, apart from paragraphs 4 and 5 a) below, have effect in relation to the activities of a member undertaken other than in an official capacity. 1.3 Where a member acts as a representative of the authority: a) on another responsible authority, he / she must, when acting for that other authority, comply with that other authority's code of conduct; or b) on any other body, he/she must, when acting for that other body, comply with the authority's code of conduct, except and insofar as it conflicts with any other legal obligations to which that other body may be subject. 1.4 In this code
a) "member" includes a co-opted member of an authority;
and General Obligations 2. A member must; a) promote equality by not discriminating unlawfully against any person; b) treat others with respect; and c) not do anything which compromises or which is likely to compromise the impartiality of those who work for, or on behalf of the authority. 3. A member must not a) disclose information given to him / her in confidence by anyone, or information acquired which he/she believes is of a confidential nature, without the consent of the person authorised to give it, or unless he / she is required by law to do so; nor b) prevent another person from gaining access to information to which that person is entitled by law. 4. A member must not, in his/her official capacity, or any other circumstances, conduct him/herself in a manner which could reasonably be regarded as bringing his/her office into disrepute. 5. A member a) must not in his/her official capacity, or any other circumstance, use his/her position as a member improperly to secure for him/herself or any other person an advantage or disadvantage; and b) must, when using or authorising the use by others of the resources of the authority i) act in accordance with the authority's requirements; and ii) ensure that such resources are not used for political purposes unless that use could reasonably be regarded as likely to facilitate, or be conducive to, the discharge of the functions of the authority or of the office to which the member has been elected or appointed. 6. A member must, if he/she becomes aware of any conduct by another member which he/she reasonably believes involves a failure to comply with the authority's code of conduct, make a written allegation to that effect to the Standards Board for England as soon as it is practicable to do so. PART TWO INTERESTS Personal Interests 7.1 A member must regard him / herself as having a personal interest in any matter if the matter relates to an interest in respect of which notification must be given under paragraphs 12 and 13 below, or if a decision upon it might reasonably be regarded as affecting to a greater extent than other council tax payers, business rate payers or inhabitants of the authority's area, the well-being or financial position of him / herself, a relative or a friend or; a) any employment or business carried on by such persons; b) any person who employs or has appointed such persons, any firm in which they are a partner, or any company of which they are directors; c) any corporate body in which such persons have a beneficial interest in a class of securities exceeding the nominal value of £5,000; or d) any body listed in sub-paragraphs a) to e) of paragraph 13 below in which such persons hold a position of general control or management. 7.2 In this paragraph a) "relative" means a spouse, partner, parent, parent-in-law, son, daughter, step-son, step-daughter, child of a partner, brother, sister, grandparent, grandchild, uncle, aunt, nephew, niece, or the spouse or partner of any of the preceding persons; and b) "partner" in sub-paragraph 7.2 a) above means a member of a couple who live together. Disclosure of Personal Interests 8. A member with a personal interest in a matter who attends a meeting of the authority at which the matter is considered must disclose to that meeting the existence and nature of that interest at the start of that consideration, or when the interest becomes apparent. Prejudicial Interests 9.1 Subject to sub-paragraph 9.2 below, a member with a personal interest in a matter also has a prejudicial interest in that matter if the interest is one which a member of the public with knowledge of the relevant facts would reasonably regard as so significant that it is likely to prejudice the member's judgement or the public interest. 9.2 A member may regard him/herself as not having a prejudicial interest in a matter if that matter relates to: a) another responsible authority of which he/she is a member; b) another public authority in which he/she holds a position of general control or management; c) a body to which he/she has been appointed or nominated by the authority as its representative; d) any functions of the authority in respect of statutory sick pay under Part XI of the Social Security Contributions and Benefits Act 1992, where the member is in receipt of, or is entitled to the receipt of such pay from a relevant authority; and e) any functions of the authority in respect of an allowance or payment made under sections 173 to 173A and 175 to 176 of the Local Government Act 1972 or section 18 of the Local Government and Housing Act 1989. Participation in Relation to Disclosed Interests 10. A member with a prejudicial interest in any matter must; a) withdraw from the room or chamber where a meeting is being held whenever it becomes apparent that the matter is being considered at that meeting, unless he / she has obtained a dispensation from the Standards Committee of the responsible authority; and b) not seek improperly to influence a decision about the matter. 11. For the purposes of this Part, "meeting" means any meeting of a) the authority; or b) any of the authority's committees or joint committees. PART THREE - THE REGISTER OF MEMBERS' INTERESTS Registration of Financial and Other Interests 12. Within 28 days of the provisions of an authority's code of conduct being adopted or applied to that authority or within 28 days of his/her election or appointment to office (if that is later), a member must register his/her financial interests in the authority's register maintained under section 81(1) of the Local Government Act 2000 by providing written notification to the Monitoring Officer of the responsible authority of a) any employment or business carried on by him/her; b) the name of the person who employs or has appointed him/her, the name of any firm in which he/she is a partner and the name of any company for which he/she is a remunerated director; c) the name of any person, other than a relevant authority, who has made a payment to him/her in respect of his/her election or any expenses incurred by him/her in carrying out his/her duties; d) the name of any corporate body which has a place of business or land in the authority's area, and in which the member has a beneficial interest in a class of securities of that body that exceeds the nominal value of £25,000 or one hundredth of the total issued share capital of that body; e) a description of any contract for goods, services or works made between the authority and the member or a firm in which the member is a partner a company of which he/she is a remunerated director or a body of the description specified in sub-paragraph d) above. f) the address or other description (sufficient to identify the location) of any land in which he/she has a beneficial interest and which is in the area of the authority.
g) the address or other description (sufficient to identify the location)
of any land where the landlord is the authority and the tenant is
a firm in which he/she is a partner, a company of which he/she is
a remunerated director or a body of the description specified in sub-paragraph
d) above. 13. Within 28 days of the provisions of the authority's code of conduct being adopted or applied to that authority or within 28 days of his/her election or appointment to office (if that is later), a member must register his / her other interests in the authority's register maintained under section 81(1) of the Local Government act 2000 by providing written notification to the Monitoring Officer of the responsible authority of his / her membership of, or position of general control or management in any a) body to which he/she has been appointed or nominated by the authority as its representative; b) public authority or body exercising functions of a public nature; c) company, industrial and provident society, charity or body directed to charitable purposes; d) body whose principal purposes include the influence of public opinion or policy; and e) trade union or professional association. 14. A member must, within 28 days of becoming aware of any change to the interests specified under paragraphs 12 and 13 above, provide written notification to the Monitoring Officer of the responsible authority of that change. Registration of Gifts and Hospitality 15. A member must, within 28 days of receiving any gift or hospitality over the value of £25, provide written notification to the Monitoring Officer of the responsible authority 0of the existence and nature of that gift or hospitality. 6.2. Employees' Code of Conduct 6.2.1 Introduction This code covers all council employees under a contract of employment. Activities carried out by employees as representatives of the council and as members of companies and voluntary organisations are also subject to this code. 6.2.2 Standards Council employees are expected to give the highest possible standard of service to the public and, where it is part of their duties to provide appropriate advice to councillors and fellow employees, to do so wholly impartially. The public is entitled to expect conduct of the highest standard, and confidence in the integrity of the council's operations would be undermined were the least suspicion to arise that an employee could in any way be influenced by improper motives.
Employees will be expected to adhere to such standards and therefore
to report to their immediate line manager or (if this is not appropriate)
to the Democratic Services Manager or (if this is not appropriate)
to the Town Manager or (if this is not appropriate) to the Town Mayor
any impropriety or breach of procedure. 6.2.3 Political Neutrality In accordance with paragraph 6.3.2 relating to the member/officer protocol, employees serve the council as a whole and not political groups or individual members. Arrangements may be made, however, for the Town Manager of Democratic Services Manager to advise political groups in such a way as to avoid compromising their political neutrality. One way of doing this is to offer the same facility to each political group, so that the same advice is given to all. Employees must diligently follow, pursue and implement the lawful policies of the council and must not allow their own personal or political opinions to interfere with their work. 6.2.4 Relationships In accordance with paragraph 6.3.2 relating to the member/officer protocol, employees are responsible to the council through the managers. Mutual respect between councillors and employees is essential to good local government. Employees should be aware that too close a personal familiarity between employees and individual councillors has the potential to damage that relationship. Employees should always remember their responsibilities to the community they serve and ensure courteous efficient and impartial delivery of service to all groups and individuals in accordance with the council's policies. 6.2.5 Appointments and Employment Matters Employees involved in appointment should ensure that these are made on the basis of merit. Indeed, it is unlawful for an employee to make an appointment which is based on anything other than the ability of the candidate to undertake the duties of the post. Employees must not be involved in an appointment where they are related to an applicant or have a close personal relationship outside work with him or her. Employees must not be involved in decisions relating to discipline or promotion, and should not be solely involved in decisions relating to pay adjustments for any other employee who is a relative or with whom there is a close personal relationship outside work. 6.2.6 Outside Employment Employees should not undertake outside work if their official duties overlap in some way with the proposed work, or if it causes a conflict of interest. Any outside work undertaken should be reported to the Town Manager or the Democratic Services Manager. 6.2.7 Personal Interests Employees must notify to their Manager any actual or reasonably predictable conflict of a personal interest and his/her obligations as a council employee (eg involvement with an organisation receiving grant aid from the council or involvement with a pressure group seeking to influence the council). 6.2.8 Contracts Employees must exercise fairness and impartiality when dealing with all customers, suppliers, contractors and sub-contractors. Employees who are privy to confidential information on tenders or costs should not disclose that information to any unauthorised party or organisation. Employees should ensure that no special favour is shown to current or recent former employees or their partners, close relatives or associates in awarding contracts to businesses operated by them or employing them in a senior or managerial capacity. 6.2.9 Corruption It is a serious criminal offence for employees to receive or give any gift, loan, fee, reward or advantage for doing or not doing any work or service, or showing any favour or disfavour to any person in their official capacity. 6.2.10 Use of Resources Employees must ensure that they use public funds and resources entrusted to them in a responsible a lawful manner. They should strive to ensure best value for the local community, within council budgets and financial regulations. 6.2.11 Hospitality Employees should only accept offer of hospitality if there is a genuine need to impart or obtain information or represent the local authority in the community. Offers to attend purely social or sporting functions should be accepted only when these are part of the local community of Penwortham or where the council should be seen to be represented. Where hospitality has to be declined the person concerned should be courteously informed of the procedures and standards operating within the council. Employees should not normally accept personal gifts although the council will allow employees to keep insignificant items of token value such as pens, diaries etc, provided they are recorded in Register of Gifts, which should be available for public inspection. When receiving legitimate hospitality employees should be particularly sensitive as to its timing in relation to decisions which the council may be taking affecting those providing the hospitality. Employees who are uncertain about any matter contained in the code should seek advice from the Democratic Services Manager. 6.3.1 PROTOCOLS These protocols provide additional guidance on roles and responsibilities which are intended to improve clarity and understanding enhancing the partnership between members, officers, partners and the community. In the event of any contradiction between these protocols and a legal requirement, the latter shall prevail. 6.3.2 Member/Officer Relations The success of the council depends on a good working relationship and partnership between members and officers. This should be built on mutual respect and a sound understanding of the respective roles and responsibilities. Both members and officers should maintain the highest standards of personal and professional conduct at all times and should not seek to take advantage of their positions. The role of members is primarily to address policy and overall governance issues and that of officers is principally to deal with managerial and administrative matters. Giving advice is an important part of the role of officers but they serve the council as a whole and not any political group or individual member of the council. Support should be available to all members of the council equally. Political groups may ask officers for support and factual advice when considering council business, providing of course that it is not of a political nature. Similar support should be afforded to other groups on the council. Whilst members will be fully consulted at the earliest opportunity on agenda items, reports and other matters, there may be some situation where officers are under a duty to report on a particular item or submit a report providing independent advice. Members should be consulted on any major issue affecting their wards, on any public meeting proposed to be held in their wards and on any form of consultative exercise due to be held in their wards. Official letters on behalf of the council should normally be sent out under the name of the appropriate officer and not a member. However, there will be exceptions to this, for example in making representations to government ministers. Members are not vested with the individual authority to write letters which create obligations or give instructions on behalf of the council. However, officers should consult the relevant member(s) on delegated and urgent decisions affecting their roles and areas of responsibility.
The only basis on which the council can lawfully provide support services
(eg stationery, word processing, photocopying etc) to members is to
assist councillors in discharging their role as members of the council.
Support services should not be used in connection with party political
or campaigning, or for private purposes. The Member and Employee Codes of Conduct stress the need for councillors and officers to respect the confidentiality of information which comes to them in the course of their duties. Officers should respect any request by members for the confidentiality of information provided by such members, unless it is information which must be made available by statutory obligation or by a decision of the Council or a committee. In such circumstances the member concerned shall be informed accordingly. Similarly, members should respect any request by officers for the confidentiality of information provided by the latter. Correspondence marked as confidential between and individual member and an officer should not normally be copied to third parties other than by agreement. Both members and officers must respect the confidentiality of information presented and discussed in the "exempt" part of any Council/Committee meeting in order to protect the individuals and organisations concerned. The provisions of the Data Protection Acts and the Freedom of Information Act 2000 should always be borne in mind when dealing with information and when providing advice. Failure to observe the confidential nature of any information could also have consequences under the provisions of the Human Rights Act. 6.3.4 Members on Outside Bodies Members are entitled to all reasonable assistance from officers to support them in the membership of outside bodies to which the council has appointed them. This includes the provision of information about the body prior to the appointment and of a named contact officer for each body. A member must continue to observe the council's Code of Conduct when acting for that body, unless legislation relating to that body directs otherwise. A member should keep the council informed of all key issues relating to the activities relating to that body which are likely to affect the council.
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