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. To focus on service improvement and efficiency at a strategic and political level and refrain from becoming involved in operational or managerial issues.
7. To engage with the media in accordance with agreed protocols.
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, the Word Processing Unit and have an annual entitlement to printing for constituency purposes.
4. Members are entitled to information technology, 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 as set out 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 Cabinet 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 this Constitution.
Duties
1. To participate in the setting of, following proposals from the Cabinet, 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 this 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 the Chairman, and Vice Chairman of the Council, and Chairs and members of Commissions, Committees, Sub-Committees or joint arrangements.
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 undertake individual and collective responsibility for looked after children, as corporate parents.
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 the post of Chairman or Vice Chairman of the Council for more than one year.
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.
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 Councillors 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 Cabinet are able to hold the E Cabinet 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) as set out under the scheme of Members allowances. The Vice Chairman (in addition to their basic allowance) also receive an SRA as set out under the scheme of Members allowances.
3. The Chairman Of the Council receives support in managing civic and ceremonial duties from the Civic Office.
E. The Leader and Cabinet Members
The Council shall annually appoint a Leader. The Leader is entitled to decide the size of
the Cabinet (between 2 and 9) appoint Cabinet Members and allocate portfolios
of responsibility.
Role
The Leader is the chairman of the Cabinet.
The Cabinet have to discharge or arrange for the discharge
of those functions which are the responsibility of the Cabinet under this
Constitution.
Cabinet Members have a personal responsibility for taking decisions in relation to, and discharging those executive functions delegated to them by the Council. The delegations to Cabinet Members are known as their portfolio and are detailed in “Delegation of Cabinet Functions” of the Constitution.
Duties
1.
To propose collectively and individually the Budget and
Policy Framework, following consultation with the Scrutiny Committee and Policy
Commissions and others as appropriate.
2. To take decisions and discharge directly as individuals, or arrange for the discharge, of those parts of the Cabinet functions which are delegated to them.
3. To take collective decisions which due to their strategic nature, sensitivity or complexity or under the constitution are appropriately taken by the Cabinet as a whole.
4. To represent the Council locally, nationally and internationally.
5. To attend meetings of the Scrutiny Committee and Commissions when invited to do so.
6. Some members will have specific statutory duties – such as the duty to safeguard and promote the well-being of children, which falls on the lead member for children. Any similar duty to vulnerable adults created in the future will fall on the Cabinet Members with responsibility for adult social care.
1. The Leader of the Council and all other Cabinets Members receive (in addition to their basic allowance) a Special Responsibility Allowance (SRA) as set out under the scheme of Members allowances.
2. The Leader of the Council and Cabinet Members receive secretarial and administrative support from the Members Support Office. Support is also provided by Strategic Directors and Heads of Service as appropriate.
F.
Cabinet Secretaries
One or two to
be appointed by the Leader of the Council
Role/Duties
1. To lead on development and/or
delivery of specific time limited policy briefs (where the Commissioners or
Cabinet /Cabinet Members do not take the lead).
2. To ensure effective communications
between members taking decisions, developing policy and undertaking scrutiny.
3. To support and enable Policy
Commissions in setting and delivering their work programmes.
4. To assist the Cabinet and Cabinet
Members in delivering their service improvement priorities.
5. To ensure effective and timely
communications at a member level, within and without the Council, with
communities, staff, stakeholders, partners (including Town and Parish Councils)
and the media.
6. To lead on one or more cross
cutting corporate priority (for example diversity).
7. To assist the Leader, Cabinet and
Commissioners in identifying and addressing barriers to the development and
delivery of policy.
Entitlement
1. A special responsibility allowance
will be paid.
2. Dedicated and/or ad hoc officer support.
3. Attendance at all meetings of the
informal cabinet, cabinet meetings (whether or not excluding press and public).
4. Attendance at all meetings of
Policy Commissions (formal and informal).
G. Policy
Commissions and Policy Commission Members
There will be a number
of Policy Commissions from time to time, established to drive the development
of key areas of policy identified by the Cabinet, and by each Commission.
In the case of the
Commissioners responsible, respectively, education and health policy issues the
whole of the statutory responsibility for overview and scrutiny in those areas
falls within their terms of reference.
Policy Commissioners
Role
1. To ensure the Commission adopts a
work programme which reflects the priorities of the administration, corporate
objectives and the priorities of Commission members and the communities they
serve.
2. To ensure that each enquiry within
the work programme has:
·
Clear,
time limited terms of reference
·
Sufficient
resources to deliver
·
Necessary
technical and specialist input, at all stages
·
Appropriate
engagement with stakeholders and communities
·
Identified
outcomes (always to include evidence-based recommendations).
3. To co-ordinate with the Cabinet,
other Commissioners and the Scrutiny Committee to ensure each Commission and
the Scrutiny Committee has complementary work programmes.
Commission
Members
Role
1. To support, challenge and assist in
the development and delivery of the work programme and individual enquiries.
Entitlement
·
Commissioners
will receive a special responsibility allowance.
·
Dedicated
and ad hoc officer leads in developing and delivering work programmes and
individual enquiries.
H. Scrutiny Committee Members
Scrutiny Committee Members are the Chairman, Vice Chairman
and members appointed annually by Full Council.
Members of the Cabinet cannot be Scrutiny Committee
Members.
There may be co-opted Scrutiny Committee Members, including
church and parent governor representatives where education functions are
concerned. This Job Profile applies to them whilst they are serving on the
Committee.
Role
To determine a programme of work
reflecting exclusively at a political and strategic level the policy priorities
of the administration, corporate strategic priorities and the priorities of
Scrutiny Committee members and the communities they serve.
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 maintain a call-in procedure as a safety net in the event of unexpectedly controversial decisions.
Duties
1. To play a leading role in developing the Council’s Budget.
2. To play a leading role in developing the Council’s Policy Framework.
3. To drive and participate in programmes of policy review and development, both as decided by the Scrutiny Committee and at the request of the Full Council and of the Cabinet. 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.
4. To scrutinize both decisions of the Cabinet (including the individual Cabinet Members and Officers taking key decisions) and existing policies, procedures and processes of the Council, in accordance with the Committees’ work programme.
5. To participate, when required, in the Call In procedure.
6. To apply, when undertaking these duties, the Constitution of the Council, and particularly the Scrutiny 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 Scrutiny functions in a constructive, positive and non-partisan way and exclusively at a political and strategic level.
10. To sit as members of the separately constituted Audit Committee.
11. To co-ordinate with Policy Commissioners and Policy Commission Members to ensure each Commission and the Scrutiny Committee agree complementary work programmes.
Entitlements
1. The Chair of the Scrutiny Committee receives (in addition to the basic allowance) a Special Responsibility Allowance (SRA) as set out under the scheme of Members allowances.
2. Scrutiny Committee Members have additional rights to access information of relevance to their areas of responsibility. These rights are set out in the Scrutiny Committee Procedure Rules.
3. 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.
I. Regulatory Committee Members
Regulatory Committee Members are the Members of the Regulatory Committees, including its substitutes.
Role
To effectively discharge the Council’s regulatory functions in the administrative and quasi judicial areas as detailed in the terms of reference of the Committee.
Duties
1. To determine all matters that come before the meetings in accordance with the relevant 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
Entitlements
1.
The Chair and two vice chairs of the
Committee receive (in addition to their basic
allowance) a Special Responsibility Allowance (SRA) as set out under the scheme
of Members allowances.
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.
J. 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 Cabinet 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 Cabinet 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 Cabinet.
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.
9. To consider whether to add items to the work programme of the Committee at it’s own volition.
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. The Chair and Members of the Standards Committee can claim an allowance as set out under the scheme of Members allowances.
K. 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.
The Group Leaders have an important local role in ensuring that the constitution operates effectively. The Leaders meet regularly to ensure that administrative machinery (including appointments) is up to date. They also ensure an excellent flow of information about policy and performance in order to enable political debate and challenge to drive up the delivery of service improvement and efficiency.
There is a national role, within the Local Government Association (and other local government bodies) to ensure productive engagement between Island politicians and regional/national political structures.
Other duties are a matter for each group to determine.
Entitlement
1. The Leaders of the political groups receives special responsibility allowance as set out under the scheme of Members allowances.