A.
All Elected Members – Generic
Responsibilities
Elected Members have a number of
distinct roles and the responsibilities, duties and entitlements vary for each
of these roles. However there are a number of generic duties and entitlements
that apply to ALL Elected Members regardless of what other role they may
have. These are detailed below.
Duties
1.
To promote good community relations, ensure greater
public/stakeholder participation and take and encourage steps to eliminate
unlawful discriminatory practices and attitudes within and outside the Council.
2.
To assist in driving efforts of the Council in reducing crime and
eliminate inequality of opportunity and unlawful discrimination.
3.
To declare any personal interest in issues being considered by the
Council in any way and to take any action, including withdrawal from meetings
as required to maintain impartiality.
4.
To be available to be appointed to outside bodies and
·
Where appointed as the Council's representative, to act as directed by, or in the interests of the Council,
·
Where appointed as a Director, Trustee or other capacity bearing
personal liability, to act in accordance with the law and in accordance with
the interests of the outside body,
·
Where appointed as an observer or in another non decision making
capacity, to represent the Council without becoming involved in decision making
by the outside body.
5.
To act in accordance with the Members Code of Conduct and the Protocol
for Member/Officer relations.
6.
Members are expected to work
diligently on areas of corporate responsibility and specific Committee
responsibility together with the local community responsibilities.
Entitlements
1.
Mandatory and further specialised training is provided for Members
who are encouraged to ensure that they are well informed and able to develop the
skills to undertake their responsibilities and perform their duties.
2.
Members have a right to access all information which they need to
know in order to take decisions and carry out their other functions. The
extensive legal and constitutional provisions on Members rights to attend
meetings and access information are set out in the Access to Information
Procedure Rules in the Constitution.
3.
Members receive general clerical/typing support via the Members
Support Officer.
4.
Members are entitled to a lap top computer, software and training.
Telephone line rental and call costs are provided for in the basic allowance.
All co-opted and independent
Members of the Council are expected to meet the duties as set out above and are
entitled to the first two entitlements as set out above.
B. All Members – Constituency
Responsibility
All 48 Members of the Council,
are elected for an Electoral Division – their constituency.
Role
To be an advocate
of, and for, the interests of the constituency, individual electors, community
groups and other stakeholders. To represent the interests of those individuals
and groups to the Council, and deal with enquiries and representations from
constituents.
Duties
1.
To effectively represent, individually, and with other
representatives of other Electoral Divisions, the interests of the Electoral
Division, individual and groups of constituents in the policy formulation and
decision making processes of the Council and to other local and national bodies.
2.
To work individually and collectively in the interests of the
Electoral Division and the Council.
3.
To lead and actively encourage community involvement and
engagement in consultation in policy formulation and decision making by the
Council.
4.
To respond to constituents enquiries and representations fairly
and impartially.
5.
To assist in the above, Members are
likely to have an active involvement (including attending meetings where
invited) in the local Parish/Town Council, Community Forum and other community
groups. Additionally Members may hold surgeries to enable their constituents to
have greater access to them and issue newsletters to keep their constituents
informed.
Entitlement
1.
All Members receive a basic allowance of £5,528 (Note: all
allowances and payments in this document are quoted as at 2002/03 level – all
are increased annually by a figure based on: all occupations average growth
daily pay for South East England) under the scheme
of Members allowances which is, in part, remuneration for time and expense
spent on these duties. These duties will not normally give rise to recoverable
subsistence or travel expenses.
C. Member of Full Council
All 48 Members of
the Council including the Leader and Members of the Cabinet are Members of the
Full Council. There are restrictions on the Leader and Executive Members
participating in the Select and Standards Committee functions of the Full
Council.
Role
Collectively, to
determine the Budget and Policy Framework of the Council and to effectively
discharge the functions which are the Responsibility of the Full Council under
Part 3 of the Constitution.
Duties
1.
To participate, by attending meetings of Full Council and
otherwise, in the setting of, following proposals from the Executive, the
Budget and Policy Framework of the Council, and particularly, the Corporate
Plan.
2.
Collectively, as a Full Council, to directly discharge or arrange
for the discharge of the functions set out in Article 4 of the Constitution
which are the responsibility of the Full Council. This may include the delegation of functions to Committees, Sub-Committees
or Officers and/or to joint arrangements with other Councils.
3.
To appoint through the Council the Chairman, Vice Chairman, Deputy
Chairman or Member of such Committees, Sub-Committees or joint arrangements and
collectively with other Members of those bodies directly discharge or arrange
for the discharge of functions delegated to
them.
4.
To promote the economic, social and environmental well-being of
the Island and to have regard to the Community Strategy when doing so.
5.
When participating in decision making, to ensure that decisions
are lawful, reasonable, proportionate and contribute to the vision, mission,
core values, and strategic objectives and are within the Policy and Budget
Framework of the Council. To also consider how each decision can assist in the
reduction of crime and the elimination of inequality and discrimination.
6.
When participating in decisions which have a direct impact on the
rights and freedoms of individuals, ensure that proper processes are followed
and that obligations under the principles of natural justice and human rights
legislation are met.
7.
To participate in Best Value Reviews as required by the Council.
Entitlement
1.
The basic allowance includes recognition of the work undertaken by
Members in relation to Full Council meetings.
2.
The detail of how Members can participate in debates, submit
motions and vote are set out in the Council Procedure Rules.
D. Chairman of the Council
It is the duty of the annual
meeting of the Full Council to elect one of its Members to be Chairman of the
Council. No Member can serve as Chairman or Vice Chairman of the Council for
more than two consecutive years.
Role
The Chairman of the Council has a formal responsibility to chair
meetings of the Full Council. Throughout
his/her term of office the role is non party-political. The Chairman is the Council's Civic Head and
represents the council in this capacity on civic/ceremonial occasions and at
Island, national and international events.
Duties
The Chairman and
in his/her absence the Vice Chairman (and in both their absence the Deputy
Chairman), will have the following responsibilities:
1.
To uphold and promote the purposes of
the Constitution, and after receiving advice, to interpret the Constitution
when necessary;
2.
To preside over meetings of the full
Council so that its business can be carried out efficiently and with regard to
the rights of Councilors and the interests of the community;
3.
To ensure that the full Council
meeting is a forum for the debate of matters of concern to the local community
and the place at which Members who are not on the Executive are able to hold
the Executive to account;
4.
To promote public involvement in the
Council's activities;
5.
To be responsible for the Council's
civic affairs and attend such civic and ceremonial functions as the Council and
he/she determines appropriate.
Entitlement
1.
The Chairman of the Council will be known as the Chairman of the
Council.
2.
The Chairman of the Council receives (in addition to the basic
allowance) a Special Responsibility Allowance (SRA) of £5,528 pa. The Vice
Chairman (in addition to the basic allowance) receives an SRA of £2,766 pa and
the Deputy Chairman (in addition to the basic allowance) £1,383 pa.
3.
The Chairman Of the Council receives support in managing civic and
ceremonial duties from the Civic Office.
E. The Leader and Portfolio Holders
The Council shall annually
appoint a Leader and up to 9 Executive Members who together constitute the
Executive.
Role
The Leader is the chairman of the
Executive.
The Executive have to discharge
or arrange for the discharge of those functions which are the responsibility of
the Executive under Article 7 of the Constitution.
Portfolio Holders have a personal
responsibility for taking decisions in relation to, and discharging those
executive functions delegated to them by the Council. The delegations to
Executive Members are known as their portfolio
and are detailed in “Delegation of Executive Functions” of the Constitution
(page 38).
Duties
1.
To propose
collectively and individually the Budget and Policy Framework, following
consultation with Select Committees and others as appropriate.
2.
To take decisions and discharge directly as individuals, or
arrange for the discharge, of those parts of the Executive's functions which
are delegated to the Executive Members by the Council as part of their portfolio.
3.
To take collective decisions which due to
their strategic nature, sensitivity or complexity or under the constitution are
appropriately taken by the Executive as a whole.
4.
To represent the Council locally, nationally and internationally.
5.
To attend meetings of Select Committees when formally invited to
do so by that Select Committee.
Entitlements
1.
The Leader of the Council receives (in addition to the basic
allowance) a Special Responsibility Allowance (SRA) of £16,587 pa. All other
Members of the Executive receive (in addition to the basic allowance) an SRA of
£8,294 pa.
2.
The Leader of the Council receives dedicated support from the
Leader’s Support Officer. Other Executive Members receive secretarial and
administrative support from the Members Support Officer. Support is also provided
by Strategic Directors and Heads of Service as appropriate.
F. Select Committee Members
Select Committee Members are the
Chairmen, Vice Chairmen and Members of Select Committees. Select Committee
Chairmen and Vice Chairmen are elected annually by Full Council.
Members of the Executive cannot
be Select Committee Members.
There will be co-opted Select
Committee Members, including church and parent governor representatives where
education functions are concerned, as determined by the relevant Select
Committee. This Job Profile applies to them whilst they are serving on the
Committee.
Role
To select
those areas of Council activity/service to which they consider a Select
Committee will apply itself.
To scrutinize, by being a
critical friend, the services of the Council and to make recommendations to
improve quality and efficiency in service delivery.
To initiate, develop and make
recommendations to either the Executive and/or Council concerning relevant
policy matters/issues.
Duties
1.
To play a leading role in developing the Council’s Budget and
Policy Framework.
2.
To drive and participate in programmes of policy review and
development, both as decided by Select Committees and at the request of the
Full Council and of the Executive. The programme of review may include
consideration of anything which is of interest to the area or its inhabitants,
even where the issue is not the responsibility
of the Council.
3.
To scrutinize both decisions of the Executive (including the
individual Executive Members and Officers taking key decisions) and existing
policies, procedures and processes of the Council, in accordance with the
Committees’ work programme.
4.
To participate, when appropriate, in the Call In procedure where,
in exceptional circumstances, four Members of the relevant Select Committee
consider it is required.
5.
To ensure that the work of Select Committees is properly recorded
and that such public documents are openly available to the public, Executive
and the Full Council, where appropriate, through the submission of reports and
clear, concise recommendations.
6.
To apply, when undertaking these duties, the Constitution of the
Council, and particularly the Select Committee Procedure Rules, the Access to
Information Rules and the Budget and Policy Framework Procedure Rules.
7.
To commission and receive expert witness.
8.
To undertake additional functions as required by the Council or by
statute
9.
To undertake Overview and Scrutiny functions in a constructive,
positive and non-partisan way.
10.
To oversee, and direct the work programme of
the Council’s Best Value Officers.
Entitlements
1.
The Chairmen of Select Committees receive (in addition to the
basic allowance) a Special Responsibility Allowance (SRA) of £5,528 pa.
2.
Select Committee Members have additional rights to access
information of relevance to their areas of responsibility. These rights are set
out in the Select Committee Procedure Rules.
3.
Select Committees receive dedicated support on the work of the
Select Committees from the Select Committee Support Unit. Select Committee
Members receive secretarial and administrative support from the Members Support
Officer.
4.
Mandatory and further specialised training in overview and
scrutiny is provided for Members who are encouraged to ensure that they are
well informed and able to develop the skills to undertake these
responsibilities.
G.
Co-ordinating Committee Members
The Co-ordinating
Committee is made-up of the Chairmen of Select Committees plus such other
Select Committee Members as are required to ensure political proportionality.
The Chairman of the Committee is elected by the Committee.
Role
The Co-ordinating
Committee has a responsibility for co-ordinating the work programmes of the
Select Committees, managing the application of Select Committee processes
including the activity of the Select Committee Support Unit.
Duties
1.
To ensure consistency of approach and
avoid duplication of effort within Select Committee work programmes.
2.
To decide how cross-cutting and
similar issues will be managed through the Select Committees.
3.
To develop and make recommendations
concerning developments to the Select Committee system and approach.
4.
To agree and monitor the service plans
of the Select Committee Support Unit and the PPR of the Head of Select
Committee Support Unit (delegated to the Chairman of Co-ordinating Committee).
Entitlements
Members and
Chairman of the Co-ordinating Committee receive no additional allowance for
services to this Committee.
H.
Regulatory Committee Members
Regulatory
Committee Members are the Members of the Development Control, Licensing and
Regulatory Appeals Committees.
Role
To
effectively discharge the Council’s regulatory functions in a number of areas
as detailed in the terms of reference of the Committees. These functions have
to have particular regard to additional legislative requirements as there are a
number of quasi-judicial matters that have to be considered.
Duties
1.
To determine all matters that properly
come before the meetings in accordance with the various policies (local and
national) in a consistent and impartial manner.
2.
To attend training as provided by the
Council on these matters prior to participating in any of the work of these
Committees.
3.
To appoint a deputy from the list of
specified deputies who must have attended the training as above, if a Member is
unable to attend.
4.
To follow, in undertaking these
matter, the procedures and Codes of Practice as set out in the Council’s
Constitution.
Entitlements
1.
The Chairmen of the Development
Control and Licensing Committees receive (in addition to the basic
allowance) a Special Responsibility Allowance (SRA) of £5,528 pa. The Chairman
of the Regulatory Appeals Committee receives (in addition to the basic
allowance) a Special Responsibility Allowance (SRA) of £1,383 pa.
2.
Mandatory and further specialised training is provided for Members
who are encouraged to ensure that they are well informed and are encouraged to
develop the skills to enable them to undertake these responsibilities.
I. Standards Committee Members
Members of the
Committee are appointed by the Full Council in accordance with the Relevant
Authorities (Standards Committee) Regulations 2001.
2 Members (plus 3
Deputies) are Members of the Council (none of whom are members of the Executive
and all of whom must have served at least one full term as a Councillor
immediately preceding their appointment to the Standards Committee), 7 are
independent of the Council (one of whom will be the Chairman the Committee),
and one (plus a Deputy) is a Parish Councillor.
Role
The Standards
Committee Members collectively have the duties of promoting high standards of
conduct by elected and co-opted Members of the Council, and Parish and Town
Councils, and of assisting those Members to achieve those high standards.
Duties
1.
To advise the Council and Executive on the adoption or revision of
a Code of Conduct
2.
To monitor the operation of the Council's Code of Conduct and report
any necessary alterations required to the Full Council and Executive
3.
To facilitate and monitor advice to and training of Members and
co-opted Members of the Council on the Council's Code of Conduct
4.
To undertake the same functions in respect of Parish and Town
Councils and Members of those Parish Councils except where the committee has
arranged for those functions to be discharged by a subcommittee
5.
To undertake such other functions as may, from time to time, be conferred
on the Standards Committee by the Council or Regulations
6.
To impartially consider any report of the Monitoring Officer,
Ethical Standards Officer or the Adjudication Sub-Committee for England and to
take any necessary action in accordance with the law
7.
To consider fairly and impartially applications for a dispensation
from the rules as to speaking and voting where a Member has an otherwise
declarable interest in accordance with the Code of Conduct
8.
To act in accordance with such advice and guidance as may be
issued by the Standards Board for England.
Entitlements
1.
Mandatory and further specialised training is provided for Members
who are encouraged to ensure that they are well informed and able to develop
the skills to undertake these responsibilities.
2.
No special responsibility allowance is paid to Members of the Standards Committee.
J. LEADERS OF
POLITICAL GROUPS
It is open to
Members who form political groups under the Local Government (Committees and
Political Groups) Regulations 1990 to appoint
a Leader.
Role
The Leader of a Political
Group has one formal role under the Local Government (Committees and Political
Groups) Regulations 1990 and that is to be the person nominated by those
Members on the Council wishing to form a Group as their Leader and the wishes
of the Group are taken to be those expressed by the Leader. Other duties are a matter for each group to
determine.
Entitlement
1.
The Leader of the main opposition
Group receives a special responsibility allowance of £5528 pa.
2.
The leaders of political groups with 4
or more Members receive a special responsibility allowance of £1383.
